Document type: sessionsPaper

Document ID: 18290910

collection: BAILEY

year: 1829

uri: sessionsPapers/18290910

date: 18290910



THE RIGHT HONOURABLE WILLIAM THOMPSON , M.P., MAYOR.

SEVENTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURDSDAY, THE 10th DAY OF SEPTEMBER, 1829, AND FOLLOWING DAYS.

TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) By H. BUCKLER.

London: PRINTED BY HENRY STOKES , No. 74, CORNHILL; AND PUBLISHED BY G. HEBERT, AT HIS LIBRARY, NO. 88, CHEAPSIDE.

1829.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY, FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.

Before the Right Honourable WILLIAM THOMPSON , M.P., LORD MAYOR of the City of London; Sir Stephen Gazelee , Knt., one of the Justices of His Majesty's Court of Common Pleas; Sir John Vaughan , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Perring , Bart.; Sir James Shaw , Bart.; John Ansley , Esq.; Sir Charles Flower , Bart.; Samuel Birch , Esq.; John Thomas Thorp , Esq.; Robert Waithman , Esq.; and William Venables , Esq., Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Sir Peter Laurie , Knt.; and Charles Farebrother , Esq., Aldermen of the said City; Thomas Denman , Esq., Common Sergeant of the said City; William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and the County of Middlesex.

LONDON JURIES.

First

Robert Hunter ,

G D. Webb ,

James Honey ,

Thomas Hyatt ,

Nicholas Stone ,

Robert Attmore ,

John S Holmes ,

John Jerrard ,

Robert Skarratt ,

John Salkell ,

Frederick Urver ,

Wm. Haywood .

Second

John Frost ,

Frederick Barry ,

John Lyon ,

John McDonald ,

Henry Bilk ,

Charles Banfield ,

George Evans ,

William Scorer ,

Edwd. Hesseltine ,

Thomas Briggs ,

Wm. Spenceley ,

Thomas Wilson .

Third

Edward Harvey ,

William Hill ,

James Reeson ,

Daniel Ferguson ,

Geo, H. Worral ,

James Robson ,

Samuel Deacon ,

Ben. Turford ,

Thomas Jones ,

Stephen Taylor ,

Chas. Lawrence ,

Thos. Hayward .

MIDDLESEX JURIES.

First

Robert Watt ,

R. Wedgwood ,

John Wells ,

John West ,

Fred. Wettige ,

Wm. Whitehurst ,

T. N. White ,

Rob. Whitaker ,

Wm. Wheatly ,

Thos. Wincott ,

Robert Winter ,

Joshua Woolley .

Second

Young Wagstaff ,

Thomas Wall ,

John Warren ,

Jas. Weddington ,

Jas. Wallington ,

William Weedon ,

James White ,

Richard Wynn ,

Richard Wilmot ,

Wm. Whitehead ,

James Winks ,

William Withers .

Third

Fred. Wilson ,

Joseph Wingfield ,

Samuel Wiseman ,

Saml. Wilkinson ,

Wm. Wonacut ,

Frederick White ,

Isaac Wilkins ,

John H. Wilson ,

Alex. Wilkie ,

John Worley ,

Samuel Wise ,

Richard Winch .

Fourth

William Wool ,

Harry Wood ,

R.A. Watkins ,

James Warne ,

Robert Waller ,

James Watt ,

Thomas Week ,

Robert Wade ,

Joseph Walker ,

James Watson ,

John Whales ,

Thomas Ward .

Fifth

John Walker ,

Thomas Watts ,

Benjamin Wall ,

Henry. T. Wells ,

Phil. Whitehead ,

William Ward ,

Thomas Wilson ,

Joseph Wilson ,

George Woodley ,

Wm. Woodgate ,

William Wrenn ,

James Welstead .

SESSIONS' HOUSE, OLD BAILEY, SEPTEMBER 10, 1829.

THOMPSON, MAYOR. - SEVENTH SESSION.

OLD COURT.

First Middlesex Jury-before Mr. Sergeant Arabin.

1532. JOHN WILSON was indicted for breaking and entering the dwelling-house of Caroline Tatum , widow , and Jane Willats , spinster , on the 1st of August , at St. Dunstan, Stebonheath, alias Stepney , and stealing therein 2 spoons, value 3s., and 5 penny pieces, their property; and 1 knife, value 7s., the goods of the said Caroline Tatum .

The prisoner pleaded GUILTY - DEATH . Aged 40.

Before Mr. Justice Gazelee.

1533. THOMAS WALKER and JOHN WALKER were indicted for stealing, on the 2nd of July , at St. Mary-lebone, 4 bags, value 1s.; 97 sovereigns, 40 crowns, 80 half-crowns, 250 shillings, 100 sixpences, one 5l. Bank note, and 1 order, for payment of and value 6l., the property of David Budden , in his dwelling-house .

JOHANNA BUDDEN . I am the wife of David Budden; we keep the Lord High Admiral public-house, New Church-street, Portland-green, in the parish of St. Mary-lebone . On Sunday, the 28th of June, the prisoners came to our house, separately, and staid there an hour and a half, or two hours; I saw them come in and have dinner, and I believe they joined company, but I did not wait on them myself; I saw them again on each of the four following days, at the same place - they had refreshment together, and drank together, I believe. On the 1st of July Thomas requested me to give him four sovereigns for 4l.'s worth of silver, which I did - I went to the bed-room to get the sovereigns; I keep my money there; they sat in the club-room, close adjoining the bed-room, not and arm's length from the door. On Thursday, the 2nd, six or seven more persons came in and joined them, and while the prisoners were in the club-room the drays came with beer - it was between one and two o'clock, to the best of my knowledge; my husband and the barman had to go into the cellar to attend to the beer - I had to wait on the people myself, and my daughter was in the bar; I went into the bed-room twice that day, while they were in the clubroom; I went to take some money out to pay my servant's wages, which were appointed to be paid that day-the servant was down in the cellar with my husband; I found my box safe, and locked it, after taking out the money; I took the key, locked the room door, and carried the keys down stairs to the bar, where I keep them - in a quarter of an hour or twenty minutes the prisoners came down stairs to the bar, which is on the ground floor, in a hurried state, and requested two small glasses of brandy, which they drank very quick, and went out without paying for it - I called them back, and told them they had not paid for it; they begged pardon, and said they had forgot it - Thomas came back, and paid me 6d.; I went up stairs immediately to fetch down the glasses and things from the club-room; there was not any body there then; I went into my bed-room in about a quarter of an hour -I took the key off the chimney-piece, and when I tried to unlock the door the key would not enter the lock; I came down to the bar to look for another key, supposing I might have the wrong one - I went up again with the same key, which I found was the proper one; I could not open the door with it - I knelt down, looked, and saw something was in the key-hole; I tried again: I took the handle of the door, and found it was open - it was not locked; a skeleton-key fell out of the key-hole on to the floor: I saw my strong chest was burst open, and all the money was gone, all the bills and papers, and our licence - the cash-box was burst open also, and a crow-bar laid on the floor with it; I had counted my money that morning, and I had 97l. in gold, 40l. in silver, a cheque for 6l., and a 5l. Bank note, and several receipts and bills. I believe the prisoners had come there that morning between twelve and one o'clock - that is the usual time they came, and they went away, to the best of my knowledge, between three and four; it was before four - they came down occasionally during that time, and stood smoking at the door, looking at the drays; I spoke to them at the door - Thomas admired the situation of the house. At the time I took the money out to pay the servant only the two prisoners were in the club-room, and nobody went up stairs after that before I missed the money - I am positive of that; there is no other room up stairs for company besides the club-room - they are all bed-rooms; I have not seen any of my money or papers since.

Cross-examined by MR. PHILLIPS. Q. Was it nearer to there or four o'clock when the prisoners went away? A. I believe it was between three and four o'clock, and think it was nearer four than three; I think I paid my servant about three o'clock - I think there had been seven more persons in the club-room that day, but they were all gone; I had some knowledge of one of them, but the other six were strangers; when the prisoners left they came down stairs together - I am sure I saw them come down together - I cannot be mistaken; the other persons went away two or three at a time; we have not many customers - it is a new house: I was astonished at so many being there that day - I did not particularly notice what time the others left. While the beer was being brought in I was the only person who attended to the customers; my young man served them before - we have a tap-room opposite the bar; there might be five or six persons there during that day - I will not say there were not ten or twelve; I did not take an account of them.

COURT. Q. Is the tap-room below stairs or above? A. Below, even with the bar; I am positive that when I went up to get the money only the prisoners were in the room.

MARY ANN BUDDEN . I am the prosecutor's danghter. I saw the prisoners at my father's house in June and July; I saw them there on the 2nd of July, between the hours of one and four - I think they went away between three and four o'clock; I saw them drink the brandy - nobody went up stairs after they went out before my mother went up - she came down stairs before she missed the money; I was in the bar - nobody went up stairs then, or I must have seen them.

Cross-examined by MR. CLARKSON. Q. Is there a water-closet on the same floor as the bed-room? A. No, not exactly on the bed-room floor; it is nine or ten stairs below that, on the landing - there are nine or ten more stairs down to the ground floor; it is rather a small water-closet; I am not certain, but I consider it was not four o'clock when they left - there might have been seven, or perhaps eight persons in the club-room, not more; I saw them every one go out - there might have been three or four persons in the tap-room; I do not suppose there were more, but am not positive there might not have been twelve; the last person came down from the club-room a little before four o'clock, I think, but am not positive it was the prisoners - they were the last persons, and they left together; the last person besides them had left about half an hour previous, quite as long as that, I think - my mother was up stairs when that person came down; she came down before the prisoners: we have been in the house three years, but it was only licensed last Michaelmas twelvemonth: there were three or four persons in the taproom at four o'clock - I cannot say whether any of them were there when the loss was discovered; that was after four o'clock - I dare say it was half an hour after.

JEREMIAH COCKRANE . I am servant and barman to Mr. Budden. I first saw the prisoners at my master's house on Sunday, the 28th of June; I saw them on Monday, Tuesday, Wednesday, and Thursday - I waited on them on all those five days: they came on Thursday between twelve and one o'clock, as near as I can teil - I went into the cellar with master to receive the beer, and left Mrs. and Miss Budden to wait on them; I did not see any more of them that day: I heard of the robbery soon after I came out of the cellar - I went up to the room to bring down some pots and glasses; there was nobody there then - I went next day to Fairlop Fair, with Buckeridge, the officer, in search of the prisoners - we went into different booths, and saw Thomas Walker walking along one of the booths, and as I came near him I thought he changed colour; he passed me, and changed countenance directly he saw me - I think he must have known me; I turned back, and asked how he did - he said very well: I asked if he knew me - he said very well; I asked if he had been at Mr. Budden's, at Paddington, Lisson-grove, yesterday; he said Yes - I then gave him into Buckeridge's custody, telling him he was one of the men, and to keep him while I went round the booth to look for the other prisoner - I went along the booth, and saw John smoking his pipe in the booth, with some tea things before him; I went and told the officer, who went down and took him - they both requested to be treated like men, and they would act so to us; in a few minutes Thomas called to a woman, whom he called his wife, and whispered to her for a length of time; I do not know what he said - she went off and spoke to some persons in the booth, not far from them; the men came forward - I cannot say how many there were; directly Thomas saw them come forward, he rushed through them, and said he would go and search for his umbrella - the men made way for him to go through; I followed him, calling Stop thief! they closed round me, and would not let me pass for a long time, till he had time to get a long way; I went after him at last, and got knocked down at different times by some persons unknown to me: I overtook and caught hold of him three or four times, but he got from me again - I followed him, calling Stop thief! a Bow-street patrol was passing, and took him.

Cross-examined by MR. PHILLIPS. Q. Was that officer examined before the Magistrate? A. Yes; I do not know his name - I do not know the prisoner's brother William; I cannot say whether a person has occasionally been there, who is very like them; we are in the habit of seeing so many faces, but I have seen the prisoners so often I know them - I was not exceedingly busy that day; I had to attend the bar - I attended in the club-room between twelve and one o'clock; the man who took Thomas had a red waistcoat on - I saw him have hold of him; I suppose I was within ten or twelve yards of him - I got knocked down and beat about.

ANN WAKEFIELD . I was servant to Mr. Budden, and left his service on the day of the robbery; I saw both the prisoners there that day - I saw them coming down stairs; to the best of my knowledge it was about three o'clock, but I cannot be positive of the time; as I came out of the bar-parlour door John was coming down stairs - Thomas was standing at the door, smoking a segar; I did not see them go away - I am certain of their persons: I had never seen them before. I saw Thomas that day every time I went up and down stairs, smoking at the door.

Cross-examined by MR. CLARKSON. Q. Every time you went up and down you saw Thomas standing at the door? A. Yes - he might be there for about an hour; I first saw him there about two o'clock, and till about three I believe he was at the door: I saw John coming down stairs alone about three o'clock - I was at the bar door at the time, and I cannot be mistaken in Thomas having been at the door for an hour, smoking a segar; I had not been in the club-room that day - I had been in the bar: I cannot say how many persons had been in the tap-room that day - there were a few persons - I cannot tell how many; I had agreed to leave my mistress some time before: no examination was made of the persons on the premises at the time the robbery was discovered that I know of; I left that night; the robbery was discovered about three o'clock, to the best of my knowledge.

Q. Was it not about the same time as you saw John coming down stairs? A. To the best of my knowledge; I cannot say how many persons were in the tap-room then - there were persons there; I did not wait on them.

COURT. Q. Was it your business to wait on the customers? A. No; I was the house servant - my wages were paid between two and three o'clock, to the best of my knowledge; I heard of the robbery after I was paid -I was doing the business of the house till I went away.

ANN KING . I live in Edgware-road. I was at Budden's house on the day of the robbery, in the bar, and saw the prisoners when they came down stairs; they were taking brandy and water - one of them was going away without paying; Mrs. Budden called them back - they paid then, and went away; I had never seen them before.

Cross-examined by MR. PHILLIPS. Q. Was any charge made against them then, except about the brandy and water? A. No; they went away rather in a hurry. without paying, rather in a flurry; there was a little to pay for what they had had up stairs - they paid that, and were going away without paying for the brandy and water; I only saw them once; they were both together at the bar - it was in the afternoon: I went there about three o'clock: I did not go up stairs, nor notice whether any customers were in the tap-room - I did not look.

JOSEPH WOODWARD . I am pot-boy at this house. I know the prisoners by sight; I have seen them at master's house for five days running - I saw them both there on the day of the robbery (Thursday) at the club-room door, about half-past two o'clock, coming towards the stairs - they did not come down the stairs; I was going up to my bed-room - I staid up there about two minutes, and came by the club-room as I came down; I did not see them then; they were not there then - the club-room door was shut; they were not at the door - I am certain of their persons.

Cross-examined by MR. CLARKSON. Q. How often had you seen them before? A. Never before those five days; I was examined before the Magistrate at the first and second examinations, before the prisoners' witnesses were called; witnesses were examined for the prisoners in my hearing - I know nothing about their attorney protesting against it.

Q. Did you hear the Magistrate say, if the attorney did not call the witnesses he would? A. I heard something of that; I did not hear him say he could not go on with the examination for the prosecution till after the prisoner's witnesses were examined; I believe five witnesses were examined before me - I heard three witnesses called in and examined on the prisoners' behalf: I believe James Smith, Lewis, and another were examined - that was after me; they were examined a good deal and sworn.

HENRY RICHARD BUCKERIDGE . I am a constable of Marylebone Office. I was with Cockrane at Fairlop Fair - he pointed Thomas Walker out to me; I went and took him, told him he was charged with felony, and he must consider himself my prisoner - he asked what for: I told him for a robbery in Lisson-grove, and if he would step with me I would explain it more to him; he asked if I would allow him to go into the booth to pay his score; I said certainly I had no objection for him to go - he said he hoped I should not expose him; I said I should do nothing more than keep him safe; I went into the booth with him, and his brother John was sitting at a table there - he said to him, "I am going to town with this person;" Cockrane immediately said, "That is the other, take him as well;" I told him I should take him too - they paid their score, and then John got up; I got up, and moved to the same side as they were on - Thomas got up; I said, "Where are you going - I shall not permit you to go away from me;" he said he was going to his wife for his umbrella; we were immediately hustled, and he ran down to the bottom of the booth, pursued by Cockrane - I immediately closed on John, secured him, and handcuffed him immediately; I then proceeded down the booth towards Cockrane - John wanted to go out at the top of the booth; I said I should not permit that; I was still hustled by a parcel of persons - I told them I did not mean to leave him, and they might as well be quiet: at the bottom of the booth I saw Thomas taken by a Bow-street patrol; he closed in with him - the men turned round upon him, and prevented his striking him; Cockrane complained of having been ill-treated, but I did not see that done.

Cross-examined by MR. PHILLIPS. Q. Is the patrol who took Thomas here? A. No - he was at the office; the Magistrate did not deem his evidence necessary; I believe he was sworn and examined at the office, but cannot positively say - I have no doubt of it; if he was examined he was sworn; I believe I did administer the oath to him myself - I have no doubt of it, I think not; I know he was examined - three or four witnesses were examined for the prisoners; it was to prove an alibi for John.

Q. Were not witnesses examined for the prosecution after those for the prisoners - for instance, King and Wakefield? A. Certainly, if they were examined at a subsequent examination; I think it was on the second examination.

COURT. Q. How many examinations were there before the Magistrate? A. I think three; the prisoners' witnesses, to the best of my belief, were examined some on the first or second examination; at the second or third examination I was desired to get more evidence, and Mrs. King came forward.

Thomas Walker's Defence. You now behold before you an unfortunate individual, to be tried for an offence of which he is totally innocent; I acknowledge I was in the prosecutor's house on the afternoon in question, but solemnly declare I left the house five minutes after two o'clock. When I was apprehended Buckeridge and Cockrane came up to me, and directly I saw Cockrane I asked how he did - he answered very well, and asked if I remembered him; I said I could not be off remembering him, as he waited on me only the day before. Now I was in no place of secrecy when apprehended; Is it likely if I was concerned in so extensive a robbery I should have been in such a public place as a dancing booth? if I am found guilty of this offence, which I am innocent of, it will be the death of an aged parent and my wife, and bring me and my brother to an ignominous death.

John Walker's Defence. I am innocent of this charge - I know nothing of it.

RICHARD CHAPMAN . I am waterman at the coach stand in Aldersgate-street. I know the prisoner John - I saw him on Thursday afternoon, the 2nd of July, between three and four o'clock, on the stand in Aldersgate-street, with his coach - I have known him three or four years; he left the stand between six and seven: I drank with him a little after five, in the watering-house - I know that was the time, as I go to work a little after five; it was on a Thursday as Fairlop Fair was on the Friday - I remember it by the fair.

COURT. Q. How long have you been at that stand? A. Going on for three years; I go on duty at six o'clock in the morning one week, and the other I go at five in the afternoon; I attend there every day - I sleep at the watering-house; I attend in the morning when I am morning-man - we go at six and leave at five; if I am night-man I go on at five and stay till two in the morning; I was night-man all that week. John Walker drives a hackney-coach. No. 196.

Q. How happened you to be there between three and four o'clock? A. I lodge there, and am generally on the spot; I was not at the fair next day, but know it was the fair; his coach was on the stand from between three and four o'clock till between six and seven; he comes to that stand at times - he does not put in there in the morning, as he lives at Whitechapel; I did not see him there the day before, nor on Tuesday, or Monday; he might not come on for a week.

STEPHEN MORRIS . I am a hackney-coach master, and live at No. 7, Castle-place, Whitechapel. On the 2nd of July the prisoner John was in my service - he drove a landau of mine, No. 196; he left my yard between eight and nine o'clock that morning, and returned a little after eight in the evening; I had ordered him home at that time, my horses being hired to go to Fairlop Fair; he brought me home 10s. as the earnings of that day - he had been nine months in my service, and was with me before for twelve or fourteen months; he bore an honest character, and was an industrious servant. When I heard he was before the Magistrate I went and stated this - Chapman was there also.

COURT. Q. What enables you to speak particularly to the 2nd of July? A. My horses being home early that evening to go to Fairlop Fair; they went next day - Darnell and I drove them in the coach, No. 196.

Q. How came the prisoner not to drive? A. I had a horse ill, and could not have my horses out; he was a regular daily servant, but stopped at home that day.

JAMES SMITH . I am horsekeeper to Mr. Morris. The prisoner John was in his service on Thursday, the 2nd of July: I saw him go out that day, between eight and nine o'clock in the morning, and I saw him between two and three o'clock, in Whitechapel, cleaning his coach; I did not speak to him - I was near him, and am certain he was there; I went before the Magistrate, and was examined.

COURT. Q. Do you mean that you saw him in your master's yard? A. No, in Whitechapel, two or three hundred yards from the yard; we sometimes clean coaches in the yard, and sometimes in the ranks; I know it was between two and three o'clock - I noticed the clock, and know it was the 2nd of July, because that day they ordered him to be home between eight and nine o'clock.

Q. What for? A. For Good Friday, for the horses to have a night's rest; I beg pardon, it was Fairlop Fair on Friday - it was a mistake of mine; I did not see him again till between eight and nine o'clock in the evening, when he brought the horses home; he did not go with them to Fairlop - his coach, No. 196 went; Mr. Morris, his master, took it, and John Walker laid still - I saw him between nine and ten o'clock next morning, in the stables; he might have staid there about an hour - I do not know what became of him then; I did not see him after; my master's man, Darnell, was out with the other coach on Thursday, the 2nd of July, and on Friday; I cannot tell the number of his coach - I do not know at what time he went out or came home; master has three coaches and six horses; two coaches were out on Friday - we have only two pairs of plates - one is a night coach; the plates are changed and put on it. I am sure master drove to Fairlop Fair himself - I cannot say who he drove there; I saw him go - I do not know which way Darnell went.

STEPHEN MORRIS re-examined. I drove the coach No. 196 to Fairlop Fair; I should have said 170 - Darnell drove 196.

JOHN GOGLE . I am a hackney coachman, and live at No. 2. Hare-court, Aldersgate-street. On Thursday, the 2nd of July, I saw John Walker on Aldersgate-street coach-stand, at three o'clock, and I saw him there again about five; he had his coach with him - I did not notice the number; it was a yellow landau: I saw him first at three o'clock, and again at five - it was about the sixth coach at three o'clock, and at five it was about the third; I have known him three or four years, and always considered him an honest industrious man.

COURT. Q. Do not you know the number of his coach? A. His master has two, Nos. 170 and 196; I know it was the 2nd of July because he generally does night work, and that day I remarked his being out in the day time.

JOSEPH OWENCRAFT . I know the Lord High Admiral, in Church-street, Lisson-grove. I remember being there on Thursday, the 2nd of July, the day before Fairlop Fair; I went about one o'clock, and left about four - I lived in Lisson-grove at the time; I am a tailor, and went there to meet a gentleman, to measure him for a suit of clothes - he promised to meet me there; I was up in the club-room - there were ten or twelve persons when I went, and when I came away, about four; I think there were five, six, or seven.

COURT. Q. When did you hear of this robbery? A. Some time the latter end of the week after - I live about a quarter of a mile from the house; I do not know either of the prisoner - I never saw them before; I was never at Fairlop Fair; but remember several people in the room were talking of going to the fair the next day -I was in the club-room from one o'clock to four; I was not in the tap-room at all.

Q. How do you know it was exactly four o'clock? A. I had to meet another gentleman at four, and when I saw it was four I went away.

WILLIAM BARNETT . I am a constable of St. George's in the Borough, and during the season I attend Vauxhall-gardens. On Thursday, the 2nd of July, the prisoner Thomas Walker came into my shop - it was the first and last time he ever was there; mine is a shell-fish and sodaw-ater shop, in Grosvenor-place, Borough-road - he came in between three and four o'clock in the afternoon; another young person was with him - he did not pay for any thing himself; they had three bottles of ginger beer - another young man was in the shop talking with me; they got acquainted together, having recognized each other, and all three had a bottle of ginger beer; I know it was on the 2nd of July, because Friday was Fairlop Fair, and that morning I and three other constables went on duty to Whitechapel-road, being employed by the inspector of stamps, in consequence of the fair - we went down to regulate the vans and things, and on that morning this person went down towards Fairlop, and his brother William, not John, was with him; I saw them go by St. Mary's church, Whitechapel, about eleven o'clock in the morning, in a sociable, and two others in their company - I imagine that my shop is at least three miles from Lisson-grove.

COURT. Q. Did this man stay any time in your shop? A. I think he staid nearly half an hour; I suppose it was half-past three o'clock when he came - it was near four when he left, for he took a small silver watch out of his pocket, and said, "It is near four, I shall go to tea;" he was on foot.

Q. Is his brother William at all like him? A. He is a deal stouter than him - he more resembles him in the face than this one; William is stouter than either of the prisoners, but is very like him in the face.

Q. Which is William like in the face? A. He is more like Thomas than the other, but any one who knew them would know them to be brothers from their faces.

JURY. Q. You say that he was a stranger to you when he came into your shop? A. Not exactly - he passed my shop with another person, and I called him to me; I knew him before, but he had not been in my shop before - I knew him, and knew William; I think I have known William since February.

JAMES ROBERTS I am a hair-dresser, and live in Waterloo-road. Thomas Walker has worked for me for the last six months occasionally, making fronts - he did not bring home any thing on the 2nd of July; he brought me two fronts on the 25th of June - he is a good workman, and his character appeared very good; I dare say he could earn 2l. a week - the most I ever paid him was from 18s. to 20s. a week, and I know he worked for other people at the time.

JURY to STEPHEN MORRIS . Q. Was John in the habit of going out with his coach at half-past eight o'clock? A. No, he is in the habit of driving a night-coach - he went out this morning on account of keeping some horses at home that day for the fair; he does not usually drive a day coach - he brought me home the 10s. a little after eight o'clock in the evening.

MRS. BUDDEN re-examined. I cannot exactly say the time I went to get the money to pay the servant - it was during the time the prisoners were in the house; Thomas sat so close to the door he could have opened it with a key- this was between twenty minutes and half an hour before I missed the money; I am positive nobody was in the room but the prisoners when I went up for the money for the servant.

Q. You put the key in the door, and it would not turn- did you try the handle at that time? A. No - I found it would not open, and knowing I had not unlocked it, I went down to see if I had the wrong key; the skeleton-key fell inside the room door - when I got the money for the servant the club-room door was open; the prisoners could see me lock the bed-room door - I am positive I locked it after me; there were thirty half-sovereigns among my money - I examined it all that day; I have no doubt of the prisoner John; it was not a stouter or shorter person - he is the man, I am certain; I have not the smallest doubt of it; I served him at the bar with brandy - I am satisfied I saw Thomas on the 2nd of July, and spoke to him at the bar before he went away - he said it was a beautiful situation, and he should have no objection to take a house himself in that situation.

HENRY RICHARD BUCKERIDGE re-examined. The bed-room door opens inward - the key will open and unlock the door; I have tried it - it will open it outside, and might be used to lock it inside again; I searched the prisoners - I found on Thomas five half-sovereigns, about 6s. or 7s. in silver, a watch, and some keys; they asked for the silver, and I gave it to them - I took the prisoners at half past six o'clock.

JURY to JEREMIAH COCKRANE . Q. Are you quite certain of the identify of the prisoner John? A. Yes, I am confident I saw him there on the Thursday; it was not a stouter man - he is the man, I am confident; I waited on him every day for five days, and waited on him early on Thursday - I am confident of both of them.

JURY to MARY ANN BUDDEN . Q. Are you quite sure John Walker was there? A. Yes - I have never seen William to my knowledge; I am sure it was John - it was not a shorter or stouter man; I had known them from the Sunday; I have not a doubt of John's face - I went up stairs three or four times on Thursday, and saw them sitting close to the club-room door.

WILLIAM BARNETT re-examined. I am sure I saw Thomas on the 2nd of July - my reason for knowing the time and day so particularly is, on Saturday I went to Union-hall, which I generally do, and heard of their being apprehended at Fairlop Fair; I said, "If I had known Thomas was wanted, I could have taken him in my shop on the Thursday afternoon, between three and four o'clock"- I first became acquainted with him at Union-hall, in February, but I do not suppose I spoke twenty words to him from then till he came into my shop - I have met him four or five different times, and have met his brother several times since this occurrence.

Q. What enabled you to speak to seeing him between three and four o'clock? A. I stopped at Union-hall till about three o'clock, when the prisoners leave there, then went straight home, and in about twenty minutes Walker passed; I said, "How do you do?" he came in, and a man named Seeley in my shop recognized him as having been to school with him; my shop is nearly opposite the Obelisk.

One witness gave each of the prisoners a good character.

T. WALKER - GUILTY - DEATH . Aged 24.

J. WALKER - GUILTY. Aged 19. Judgment Respited .

Strongly recommended to mercy by the Jury on account of their youth .

Second Middlesex Jury. - Before Mr. Baron Vaughan.

1534. WILLIAM CARRINGTON was indicted for stealing, on the 24th of July , at Hendon, 1 mare, price 28l. , the property of Robert Young .

ROBERT YOUNG. I am a farmer , and live at Hendon . On Friday evening, the 24th of July, my mare and two bay horses were turned into the field; I saw them safe about seven o'clock in the evening - the gate was locked; about six o'clock on Saturday morning my carter came to me - I went to the field, and this mare was missing; she was a black cart mare, three years old, off - I bought her a sucking foal, with her mother; I and my son went in different directions on the Saturday in the neighbourhood - I saw her near Mile-end New-town, Whitechapel, on the Monday morning following, about ten o'clock, locked up in the officer's charge; the prisoner was then in custody - I am quite sure it was the mare I had lost; it was worth 25l. or 28l.; I knew the prisoner very well - he lived servant with a gentleman named Southey, about two hundred yards from me, for six years; I knew him during that time.

Cross-examined by MR. PHILLIPS. Q. Has he not borne a good character? A. Very good - he was backwards and forwards at my wife's shop for different things; every body gave him a good character - he was quite sober and steady.

GEORGE HARPER . I am headborough of Holloway. On the 24th of July, at four minutes to twelve o'clock at night, I saw the prisoner come through the Holloway-gate toll-bar, on a horse, riding - there was some suspicion that the horse was not properly come by; I went and asked him where he was going with it, and whose horse it was - he said he was employed by a man at Finchley, and was going to the Sugar Loaf, Whitechapel; I asked what he was, and how he came in possession of the horse - he said he was a hay-maker out of work, and was employed by a man he never knew or saw before, and was to have half a crown to take the horse to the Sugar Loaf, Whitechapel, where the person would meet him; it was a very tempestuous night; I said, "I will go with you, you must dismount and lead the horse, and walk with me" - I knew there was no such a house in Whitechapel; to be certain of it I went to Whitechapel watch-house, and asked the keeper in the prisoner's presence - he said there was no such a house, but there was the Three Sugar Loaves in Mile-end New-town; I said, "Well, we will walk together there" - I went, there was nobody there to meet him; I had put him into the Mile-end New-town watch-house before I went there; I put the horse at livery with the headborough of Whitechapel, who keeps stables; I asked the prisoner how he could be so foolish as to come on a job of that kind without drawing some money to pay the turnpikes, he being out of employment; he gave me no answer - I left him in the watch-house; I saw Young about six o'clock on Saturday evening, nearly opposite the Horse and Groom, at Highgate, and on Monday morning I met him by appointment at the Ram Inn, Smithfield - I went with him to the stables at Mile-end, and shewed him the mare - he claimed it; the prisoner was searched at the office, and on him were found two half horse-cloths, a bridle with a very strong bit, snares to catch hares, a pair of plated spurs, and two whips to tie on a stick to flog a horse with, a razor cut into notches, which will cut any gate through, a girth strap, two keys, one of which will open a gate I suppose; it is not a picklock-key - I have not tried it to the prosecutor's gate; it is the key of his own box, I dare say.

Cross-examined by MR. PHILLIPS. Q. Why do you say you suppose it will open a gate? A. I think it will open any thing, it will certainly open a padlock; I have not tried it - it looks like a key for a gate; the razor will cut a gate - I know these are snares; I did not take him to the Three Sugar Loaves, because the houses were all shut up - it was two o'clock in the morning when we got there; I went to see if any body was waiting for him - the watch-house is within three doors of the house, and if I had seen and body, I should have fetched him to know if they were the same; he walked with me very quietly, and never made the least resistance - he was on horseback when I saw him; I have some turnpike tickets which were found on him - he had come through the gate when I first saw him, and paid two pence; I was by his side when I first spoke to him - he never attempted to ride off, nor to run away - there was nothing to prevent his riding off, which was the reason I told him to get off and walk.

Prisoner's Defence. I saw the man in the road; he said if I would take the horse there he would give me half a crown.

ROBERT YOUNG re-examined. The prisoner knew my horses as well as I knew them myself, there is no doubt; he as been out of Mr. Southey's employ from four to six months; he was never employed on my premises - he lived about two hundred yards from me; he has seen my mare it work, and was backwards and forward about my stable and fields.

Two witnesses gave the prisoner an excellent character.

GUILTY - DEATH . Aged 20.

Strongly recommended to Mercy, on account of his youth and character .

Before Mr. Justice Gazelee.

1535. ELIZABETH STUCK was indicted for stealing, on the 25th of August , 1 waistcoat, value 20s.; 6 gowns, value 8l.; 5 shirts, value 2l.; 1 shift, value 2s.; 1 sheet, value 3s.; 1 quilt, value 5s.; 1 coat, value 2l.; 1 shawl, value 1s., and 1 handkerchief, value 1s., the goods of Thomas Avern , in the dwelling-house of George Watson .

THOMAS AVERN . I am a coach plater , and live in West-street, St. Ann's . George Watson keeps the house - I have the second floor and attic; Watson does not live in the house - it is all let out in tenements. On the 26th of August I was in my workshop, which is the attic; my wife came up to call me to dinner - she went down and called me - I went down one pair of stairs, and found my apartment on the second floor open; the prisoner was inside, in the act of coming out - my wife held the door; I pushed it open, went in, and found her standing there, with a bundle - I asked what she did there; she began to cry, and said she would never do the like again if I would let her go; I examined the bundle, and found the articles stated in the indictment, which are worth 15l. - she was taken to the watch-house; the keeper's wife searched her and found eleven keys - I tried one to my room-door, which had been locked, and it opened it.

FRANCIS MAGE . I was fetched to the watch-house, and took the prisoner with the bundle.(Property produced and sworn to.)

Prisoner. I leave it to the mercy of the Court.

GUILTY (of stealing only) . Aged 30.

Transported for Seven Years .

Before Mr. Baron Vaughan.

1536. GEORGE BADGER was indicted for breaking and entering the dwelling-house of Thomas Allsop , on the 1st of August , and stealing 500 yards of ribbon, value 15l.; 120 yards of lace, value 10l., and 2 cravats, value 5s., his property ; and MARY STEVENSON was indicted for feloniously receiving the same, well knowing them to have been stolen .

THOMAS ALLSOP . On the 1st of August I lived in Great Castle-street, Marylebone ; my family consists of a wife, an assistant, and porter - I carry on business in Regent-street. On Saturday evening, the 1st of August my goods were moved, (as was customary) to my dwelling-house, for protection; and on Monday morning I missed two boxes of ribbons, and one of lace - information was given at Marlborough-street; it was put into the "Hue and Cry," and two days after an officer of Queen-square applied to me; a small portion of the ribbon worth 3l. or 4l. was shewn to me at the office, and some lace - I am certain it was my property; I had no private mark, but know the patterns both of the ribbon and lace - I undertake to swear to them.

Cross-examined by MR. RYIAND. Q. You yourself know nothing of the removal of the goods on Saturday night? A. I do not; I can swear to all the ribbons - they were all the same pattern as I had lost - three or four patterns of ribbon, and three or four of lace; I swear positively to the eight patterns - the manufacturer supplies other persons; the patterns may be found in many other shops - I did not say at the office I could speak to but one piece, and that by its length: I said I knew all by the patterns - the Magistrate asked how much there might he in one piece; I said two or three yards - I never said I knew it by the length; I never saw it measured - it was held up in the hand, and turned out to be from two to three yards.

THOMAS JACKSON . I am servant at Mr. Allsop's shop, in Regent-street. On Saturday night, the 1st of August, I took from the shop in Regent-street, two boxes of ribbon, and one of lace, to No. 20. Great Castle-street, between nine and ten o'clock; I left them in the passage at the bottom of the stairs - I pulled the door after me. and am certain it shut; I returned in ten minutes, and found the door still shut and latched, as I had left it, but the three boxes were gone.

Cross-examined. Q. Had you packed the boxes yourself? A. No; I saw the lids put on, and saw the contents - I had seen them put in from the window; I went alone from the shop to the house - the servant let me in; she is not here - the door opens with a latch-key from the outside; I pulled it hard after me - I did not try it, but am sure it fastened; when I returned, I did not miss the goods, as the servant had been in the habit of taking them up stairs - she let me in the second time.

ANN HUME . On the 1st of August I lived with the prosecutor in Regent-street. I put the ribbons into two boxes, and the lace in another, and gave them to the boy to take to Castle-street - the goods were worth 25l. or 30l.

Cross-examined. Q. Did you see the boy return? A. Yes; the shop is about three minutes walk from the house - he took another load and went off directly.

WILLIAM IVIMY . I am an officer. On Wednesday, the 5th of August, I went to a first floor front room in New Peter-street, Westminster, and found a quantity of ribbons and lace; I found the prisoner Badger there and asked him who they belonged to - he said to the wo - he lived with, and that she was out; I took him to the office, returned to the same room, and found Stevenson; I asked her who paid the rent of the room - she said she and Badger, that they each paid part; I asked if she had pawned any lace that morning - she said No; I asked who belonged to the ribbons - she said they were hers; I took her to Williams - he identified her as having pawned some lace there that morning, which he produced; she made no reply.

GEORGE WILLIAMS . I am a pawnbroker, and live in Great Chapel-street, Westminster. On Wednesday morning, the 5th of August, between eight and nine o'clock, the female prisoner pawned about six yards of lace, which I produce - I advanced 2s. 6d. which was all she asked; it is worth about 6s.

Cross-examined. Q. Did you know her before? A. Yes; she gave me the name of M. Stevens, in Peter-street, which she always gave - I do not know Badger.

THOMAS JACKSON re-examined. The servant's name was Hannah Croft ; she still lives with Mr. Allsop; Mrs. Allsop was in the house, but not master; I never saw either of the prisoners at the house.

THOMAS ALLSOP . The servant knew nothing of it; the boy generally carries the goods up stairs, but brings them all first.(Property produced and sworn to.)

Badger's Defence. I purchased the goods of a man, who sold them to me as smuggled, on the Saturday night, for 3l.; on Wednesday morning I desired the female to pledge this lace for me, and while she was gone I was apprehended.

Stevenson's Defence. I am innocent of Knowing them to be stolen.

NOT GUILTY .

Before Mr. Justice Gazelee.

1537. ANN DAVIS was indicted for stealing, on the 19th of July , 67 sovereigns, and 19 half-sovereigns, the monies of John Frost , in his dwelling-house .

MR. PHILLIPS conducted the prosecution.

JOHN FORST . I am a baker , and live in Tavistock-street, Bedford-square . The prisoner was in my service at Midsummer last, and on taking stock I missed 200l. in money; in consequence of suspicion I went to the prisoner's room, with Sweetland, my brother-in-law; her box was searched in her presence - we first searched her drawers: she said they were my drawers, but the box was hers; she did not allow us to search the box willingly at first, but I said I would have it opened, and went out; I told her I was going for an officer; she then consented to have it opened; and Sweetland found, in my presence, sixty-seven sovereigns, and nineteen half-sovereigns - I made her no promise or threat: as soon as Sweetland took hold of the property, which was tied in a piece of rag, he said, "This feels heavy, like sovereigns; Whose are these?" she came and caught hold of me by the hand, and said it was my property - I asked how she came by it; she said she had taken them out of my bureau, which was down stairs in the parlour; she said the key was in it: I asked her several times how she got them before she told me, but said nothing to induce her; Sweetland said I need not ask her any more - that no threat or promise had been held out and if she chose to tell, it was of no consequence. I put the money into my iron chest, and sent for Valentine; she had lived about nine months with me: I kept money in my bureau, but never missed any till I took stock - it could not have been taken all at once, or I should have known it: I go to my bureau thirty or forty times every day - at times there is not 20l. there, and at other times 200l. or 300l.

STEPHEN SWEETLAND . I am Frost's brother-in-law. I searched the prisoner's box, and found the sovereigns - I said, "Whose property is this? surely they are sovereigns;" she then caught hold of her master's hand, and said, "They are yours, Sir, and I am sorry for it;" Frost was pressing her how she got them - I said as no threat or promise had been held out, it was of no consequence, and if she chose to tell without that she might; she said she took them by one and two at a time, as she had opportunity; I put them into the iron safe, and afterwards gave them to the officer.

BENJAMIN VALENTINE . I am an officer. I was fetched to Mr. Frost's - Sweetland gave me sixty-seven sovereigns and nineteen half-sovereigns; I cautioned the prisoner not to answer me unless she thought proper, and then asked if she had said it was her master's property before I came; she said Yes: I said, "Do you wish to say it is your master's property?" she said Yes.

Prisoner. I beg for mercy.

GUILTY (of stealing to the value of 99s only) . Aged 24.

Transported for Seven Years .

First London Jury - Before Mr. Recorder.

1538. MARGARET O'BRIEN and ELLEN BURKE were indicted for stealing, on the 22nd of August , 1 pocketbook, value 1s.; one 20l., one 10l., and two 5l. Bank notes, the property of Thomas Suter , from his person ; and FRANCIS HACKETT was indicted for feloniously receiving one of the said 5l. Bank notes ; and JOHN MALONEY was indicted for feloniously receiving the said 10l. Bank note, they well knowing them to have been stolen .

THOMAS SUTER . I am a wholesale rope and rag-merchant , and live in Rose-lane, Limehouse. On Saturday, the 22nd of August, between half-past eight and a quarter to nine o'clock in the evening, I lost a pocket-book, containing the property stated in the indictment; I was within fifty or a hundred yards of Tower-hill, and perfectly sober at the time - I had been doing business from dinner time till the evening, and not being home in time for tea I went with a Mr. Williams to the Bear and Wheatsheaf, Lower Thames-street ; we stopped outside the house for about a minute, and the two female prisoners crossed the street to us; I said to my friend, "I will go and take a glass of gin and water;" he went in with me - we had occasion to stop for a certain purpose before we went in, and the prisoners went into the house first; we found them there - I did not at all join their company; we sat a quarter of an hour together, and then O'Brien asked my friend if she might take the liberty of taking a little gin and water with him - he said she might; Burke said, "I suppose I may take the same liberty." and I passed it to her; we were in the parlour - I did not feel disposed to drink after them, and called for another glass for myself; we sat a considerable time - I then said to Williams, "We will settle our money matters;" he said we had better let it be till another time, and not settle there; I however looked at my pocket-book, and my notes were then safe: a man sat at the further end of the table, about three yards from us, very drunk; nobody was near us but the women - Burke sat on my left side, and saw me count the notes: I returned the pocket-book to my left-hand coat pocket, with the notes in it, and to be satisfied that it was safe, felt it a few minutes afterwards; after that I spoke to Williams, and leaned my head on my hand, which completely exposed my pocket - we sat twenty minutes or a quarter of an hour after that: I then said I should go, as it had done raining - the two women then went out; Burke first, and the other a minute after: I and Williams left together in about five minutes - neither of the male prisoners were in the room. After I had gone about one hundred yards towards Tower-hill I missed my pocket-book - there were about six persons assembled near the pavement as I came out of the public-house, but I did not go near enough for them to be able to touch my person; nobody had been near enough to touch me but the two women - we returned to the house, and mentioned my loss to the landlord - (I saw the women at Town-hall, Borough, on the following Tuesday, and was certain of them;) after mentioning my loss to the landlord, we went to Bull's Head-court, Borough. On Monday morning I went to Smith, Payne, and Co.'s, banking-house, for the numbers of my notes; I had received them for a cheque drawn by John Jones : I saw one of the 5l. notes at the Bank on Monday morning, having stopped payment of it, and a 10l. note at Town-hall, in the watch-house-keeper's hands - Mahoney was in custody- the other was taken on Monday morning.

Cross-examined by MR. CLARKSON. Q. Are you sure that is all you can tell us? A. It is; the landlord's name is Coleman - I do not know his wife; I saw a female in the bar: I did not go to the house with the women - they were there about a minute before me; nor did I leave the house with them. I am married; neither I nor Williams applied for beds at Coleman's house, nor were we informed that the rooms were double bedded; I did not say a double bedded room would be better, as I would have more fun. I did not say to Coleman or his wife when I returned, that the two women were not the women who took the property; that is as true as all I have said - I went there to have a glass of gin and water, not having taken any thing since dinner; I had been to Mr. Van's, in the Borough, on business - Coleman's house is nearly opposite the Custom-house; it was in my road home, and perhaps my nearest way - we had two glasses of gin and water each; the women came up as we stopped at the bottom of an alley, by the public-house; nothing passed at the public-house about beds: neither of the women charged me with taking indecent liberties with them, nor did I - I heard one call the other Mrs. Burke.

Q. How came you to find your way to Bull's Head-court? A. In consequence of one of the women saying to the other, "I must go;" the other said, "Oh, it is not so far; Bull's Head-court is not so far," and Williams said he heard one of them say they lived there; I did not hear it myself - I am rather deaf: I suppose my pocket must have been exposed when I leant my head on my elbow - my pocket-book could be taken without my knowing it; I lost it between half-past seven and a quarter to nine o'clock - I was perfectly sober; the women were not in our company: there was an old man in the room - he went away; there was another man there, and these women - that was all besides us; Williams went out for a minute while I was in the house, not more: I swear neither of the women went with him - I had no intention of any familiarity with them; I gave neither of them any money.

EDWARD WILLIAMS . I am a ship-chandler, and live in Wapping Dock-street. On the 22nd of August I was with Suter; we went into the Bear and Wheatsheaf, as near as I can guess, from seven to half-past, by ourselves; before we went in I observed the prisoners at the corner of the alley - I saw the same two in the house when we went in; I had no conversation with them before we went in: we sat in the parlour, and they were there - one was sitting at the same table as us, and the other standing up; in a quarter of an hour or twenty minutes they asked to drink with us - we had no conversation with them before that; they had no liquor that I saw - I sat on the opposite side of the table to Suter: on their asking to drink with us I said she might - I think it was O'Brien; she was sitting near to me, but not particularly close - she was standing up at first; the other was sitting on the left of Suter: she also asked to drink, and he allowed her - she was near enough to him to touch him, I think; he pulled his pocket-book out while Burke was sitting by him, and said loud enough for them to hear, that he had a 20l., a 10l., and two 5l. notes; the women were sitting with us for an hour or an hour and a quarter - I observed Suter put his pocket-book into his pocket, after counting his notes; nobody was near enough to him to take it but Burke; one of us said, "Let us go," and then the women went out - we each had two glasses of gin and water; we had drank nothing, and were both perfectly sober; we left four or five minutes after them, and went down Thames-street, towards Tower-hill, which is the direct road to Limehouse; we got about one hundred yards from the house when Suter complained of his pocket-book being gone. In the course of conversation I heard one of them, (I think O'Brien,) say she lived in Bull's Head-court; we returned to the public-house, but I did not see them till at Guildhall, on the Friday following; a 5l. and a 10l. note were produced - I was not at Union-hall; there was no familiarity whatever between either of us and the women, nor any conversation that could lead to such a course.

Cross-examined by MR. CLARKSON. Q. Are you married? A. Yes; I saw the women first in Thames-street, but had no conversation with them - they did not cross to talk to us, to the best of my knowledge; several people crossed the street - I did not see them crossing; I saw them standing - I had no conversation with them in Thames-street, nor had my friend, to my knowledge; I believe I was out of his sight, about twelve yards, for a certain purpose; I did not see him talking to them - I dined at home that day: Suter came to my house - he did not dine with me; we had three or four places to go to on business, but went to no other public-house; I had no money but silver - I missed none; the women did not go into the public-house with us - I wanted none of their company; there was only one table in the room; we went into the parlour, it being the most respectable; nothing passed between us and them for a quarter of an hour - Suter and I were talking on business; I had not the slightest reason to believe them women of the town; I believe one of them mentioned her husband.

Q. Did not she threaten to tell her husband of Mr. Suter's conduct? A. She did not say any thing of the kind; I went out of the room for about a minute and a half, for a necessary purpose, but not with O'Brien; Burke was on Suter's left side - they might very likely touch each other; she sat close to him - I consider she was sitting near enough to touch him - he was in conversation with me- he was not directing his conversation particularly to her- the landlord came in three or four times; nobody asked for a bed in my hearing, nor was any thing said about a double bedded room; we were both perfectly sober - he pulled his pocket-book out because he said the corner of it was torn; he found his money safe: there was one person in the parlour: I heard Coleman say his wife was not at home - I think he said so to the person at the bottom of the table; they appeared intimate - I did not ask for a bed - all the conversation I had with him was about the reckoning; Suter did not say he was sure the women had not taken the pocket-book; he suspected they had took it, and I believe said so.

EDWIN TURNER . I live with Mr. Winstanley, a haberdasher. On Saturday, between eleven and twelve o'clock at night, the two female prisoners came to the shop; I recollect their persons perfectly well; O'Brien tendered me a 5l. note for goods - I declined giving change for it, and handed it over to Mr. Winstanley; he said he had no change; I asked if they had 6s. 9d. to pay for the goods: they said they had not, and went out, taking the note and leaving the goods; Mr. Winstanley sent a young man after them, to say be could give change, and they came back- Mr. Winstanley took the note into his room to look at it; he came out, and said he doubted its being good, but if they would leave it till Monday morning he would ascertain if it was good, and they should have the change, which they agreed to, and went away; on Monday morning O'Brien came with the prisoner Hackett - Mr. Winstanley was out; I said if they would call again they should have the money if the note was good; Hackett said it was a hard thing the woman should be detained, as she wanted to go in the country - they left; Hackett called again, alone: master told him he could not pay the money without the woman being present; he went to fetch her - Mr. Winstanley sent a young man to watch where he went to, and he was detained; the woman never came - Hackett was brought to our shop and taken in charge; I saw O'Brien at Guildhall on Friday, and was perfectly certain of her being the person; I put my initials on the 5l. note.

Cross-examined. Q. When? A. Previous to its being given up to them on the Saturday night.

JOHN KINSEY . I am an officer of Town-hall. On Saturday, the 22nd of August, about ten o'clock at night, Mr. Williams and another gentleman came to me - I went to McCarthy's house, but found nobody then; on Monday the 24th, about nine at night, I found O'Brien at the Bull, Bull-court, Tooley-street; I knew her before - I told her she was charged with robbing a gentleman, but she was half drunk; I took her into the kitchen of the publichouse - she had a large bundle; I took 19s. 7d. from her; she had changed a sovereign for a pot of beer in my presence; I went to McCarthy's, and found Burke partly concealed in a coal-hole; I took her out of the house - she had in her left hand a small basket with 11s. in it, and in her right hand a small paper rolled up; I endeavoured to secure that, but she snatched at it and fore it - I have the pieces here; it is a receipt for a 10l. note, No.3807, deposited with Basset, a watch-house-keeper, at Bermondsey, that evening; O'Brien said, in her presence, "That is the woman that robbed the gentleman;" Burke made no answer; at six o'clock on Tuesday morning, I went with Basset to Dockhead, and apprehended Mahoney, and a woman named McCray; I told Mahoney he was charged with claiming a 10l. note on Friday evening at the watch-house; he said he was drunk at the time or he should not have done it - (receipt read).

Cross-examined. Q. O'Brien said Burke had robbed the gentleman; did you not say she was very drunk? A. O'Brien was half drunk.

JOSHUA FREEMAN . I am a clerk in the Bank - I have a 5l. note, No.25,368, dated 7th July, 1829, which was stopped at the Bank on the 24th of August - it was claimed by Suter.

Cross-examined. Q. Did you receive it yourself? A. I got it from the Secretary's-office, from Mr. Stewart, who is not here - I only know it was stopped by a memorandum on it in Stewart's writing - who brought it to the Bank I do not know.

COURT. Q. Has it been paid by the Bank? A. It has not - if it had it would have been cancelled; if it had not been stopped it would have been paid - it is a genuine note.

JOHN BASSET . On Monday, the 24th of August, I was on duty for a patrol of Bermondsey - Burke and Mahoney were brought in, charging each other with a felony; Burke gave her name as Hackett and said Mahoney had robbed her of a 10l. note, and he said she had robbed him of one; they were both intoxicated; the note was in the possession of Burke - I never saw it in Mahoney's possession; I detained it, and gave Burke a receipt for it; she said her husband was foreman at the London-docks, and had earned it; the receipt produced is my writing - it has been torn since; I have had the note in my possession ever since -Suter claimed it before the Magistrate.

Cross-examined by MR. PHILLIPS. Q. About what time did you see Mahoney at the watch-house? A. About five minutes to nine; I did not ask his address, for I knew him from his infancy, and knew his parents to be respectable; I apprehended him at his lodgings next morning - I believe he is married.

JOHN BRIANT PRIESTMAN . I am a clerk at Smith, Payne, and Co.'s. On the 21st of August I paid Suter a 25l. cheque, drawn by John Jones - I gave him a 20l. note, No.19,232, dated 10th July, 1829, and a 5l. note, No.35,368. dated the 7th July; I saw the 5l. note at Guildhall, and am certain it is the same. Cross-examined by MR. CLARKSON. Q. Is the entry in your writing? A. Yes; I have seen Suter five or six times before, and am certain I paid it to him, for he applied to me very soon after for the numbers of the notes - I paid it about half-past three o'clock - the book the entry is in closes at four.

WILLIAM THOMAS . I am a clerk at Sir R.C. Glyn and Co.'s. I have an entry of the payment of a cheque of 28l. 14s. drawn by Thomas Van , on the 17th of August, for which I gave two 10l. notes, Nos.3,807 and 3,808, dated 21st July, a 5l. note, No. 129, and 3l. 14s. - the 10l. note produced is one of them; I was applied to for the numbers afterwards - I am not certain whether it was for a cheque or bill.

THOMAS SUTER . I received this 5l. note from Smith and Co.'s, in payment of a draft of 25l. - I applied at Glyn's on losing my money; I saw this 10l. note. No.3,807, before the Magistrate - I received it for a draft drawn by Thomas Van, for 28l. 14s. from Mr. Thomas.

JOHN HELLIER . I am a linen-draper, and live in Bermondsey-street. On the 22nd of August, between eight and nine o'clock in the evening the prisoner Mahoney came with two women - I recollect Burke as one of them, the other is not here - they appeared intoxicated and scarcely knew what they wanted; Mahoney told me to take down a shawl marked 7s., both the women spoke about it - another shawl was taken down, they bargained for both, and produced a 10l. Bank note - it came from Mahoney's hands; I did not give change for it - it was snatched out of my hand by Burke, and she put it into her bosom - they ran away - I did not follow them.

JOHN HOLLAND . I am street-keeper of Holborn. I saw Hackett in the custody of Mr. Winstanley.s man - he delivered him to me: I found two letters on him - I do not know the hand-writing - it is sealed up and signed O'Brien.

O'Brien's Defence. She gave me the 5l. note to change, to treat myself with a silk-handkerchief, a pair of stockings and gloves; Burke told me Suter had presented her with the note - I was turned out of the room; I did not know where she got the note - she told me to say my husband gave it to me; I took my husband to change it - she had been alone with Suter for a quarter of an hour; I did not know what note it was, as I cannot read or write.

Burke's Defence. O'Brien held me in the room by my clonk, and put a piece of paper into my hand - I did not know what it was till I looked at the note.

WILLIAM COLEMAN . I am landlord of the Bear and Wheatsheaf. Thames-Street. I saw Suter and another gentleman at my house on the 22nd of August; I went into the parlour, twice while they were there - I was taking in beer - there were two females there, they sat on the same seat; I have no recollection of the prisoners; I cannot say whether they drank together - Suter came and asked me something; I believe a bed was named - I told him it was engaged - he said could he have a bed - I said it was engaged - we are rather particular who we take in - and when gentlemen and ladies come they have bagage - I said, "I had no single bedded room: and for man and wife, I had none at all." He said nothing about a double bedded-room - I saw the women leave before them; I thought the prosecutor had come from Gravesend, as the boat comes in at that time; he did not ask for a bed for more than himself - he merely asked if I had a bed; I said, they were all engaged - I do not know why I said I had no single beds.

COURT. Q. Do you know any thing of the prisoners? A. I never saw them before - I think the women came up my yard before the men.

Prisoner O'Brien. Will you ask Mr. Williams if Suter did not give Burke the note.

EDWARD WILLIAMS . When I went out for about a minute, I believe, O'Brien was out for about half a minute; she came back and was in the house for full an hour after; they went away both together, after Suter expressed his intention of going.

THOMAS SUTER . I never used any familiarity with either of them, or made them a present of any thing; on my oath I did not ask for a bed at all.

O'BRIEN - GUILTY . Aged 25.

BURKE - GUILTY . Aged 28.

Transported for Fourteen Years .

HACKETT - NOT GUILTY .

MAHONEY - NOT GUILTY .

1539. WILLIAM SMITH was indicted for stealing, on the 1st of September , 1 handkerchief, value 2s., the goods of Thomas John Dyer , from his person .

THOMAS JOHN DYER . I am in the East India service, and live in Burton-crescent. On the 1st of September, about eleven o'clock in the morning, I was in Fenchurch-street ; a gentleman tapped me on the shoulder, and asked if I had not lost my handkerchief; I felt, and it was gone - I had not selt it after I left home at ten o'clock; a gentleman pointed out the prisoner, who had just crossed the street; I went over, laid hold of him, and he dropped my handkerchief from under his coat - I saw it fall from him, and picked it up; I took him to the street-keeper, and delivered it to Martin at the Mansion-house; he said at the watch-house that he took it, and asked me to forgive him, saying it was his first offence.

Cross-examined by MR. PHILLIPS. Q. Was any body present when he said that? A. No; the constable had gone out at the door - I saw it drop from his coat on the payement.

JOSEPH MARTIN . The handkerchief was delivered to me at the Mansion-house.

(Property produced and sworn to.)

Prisoner's Defence. I was walking in Fenchurch-street- this gentleman and another came across; the gentleman said I had his property - he found it close at my feet.

GUILTY . Aged 19.

Transported for Life .

NEW COURT, First Day.

Third Middlesex Jury. - Before Mr. Common Sergeant.

1540. DANIEL SULLIVAN was indicted for stealing, on the 19th of July , 1 handkerchief, value 3s. the goods of Simon Andrew Foster , from his person.

The prisoner pleaded GUILTY . Aged 17.

Transported for Fourteen years .

1541. JANE KNIGHT was indicted for stealing, on the 14th of July , 5 silver tea-spoons, value 16s.; 2 gowns, value 10s,; 1 coat, value 10s.; 1 riding-habit, value 10s.; 2 sheets, value 8s., and 1 jacket, value 15s., the goods of Maree Louisa Rede , her mistress .

The prisoner pleaded GUILTY . Aged 27.

Transported for Fourteen Years .

1542. HANNAH FRENCH was indicted for stealing, on the 20th of July , 2 shifts, value 4r.; 2 petticoats, value 4s.; 4 gowns, value 8s.; 1 bonnet, value 6s.; 1 veil, value 9s.; 1 cap, value 3s.; 1 tippet, value 16s.; 1 neckince, value 18s.; 2 handkerchiefs, value 4s., and 2 bed-gowns, value 3s., the goods of Daniel Newton Crouch , her master .

The prisoner pleaded GUILTY . Aged 15.

Transported for Fourteen Years .

1543. JOHN SEARLE was indicted for stealing, on the 5th of August , I chest of drawers, value 2l., and 3 mattresses, value 7l , the goods of William Bates .

The prisoner pleaded GUILTY . Aged 19.

Transported for Seven Years .

1544. EDWARD PRICE was indicted for stealing, on the 2d of August , 1 skittle-ball, value 4s. , the goods of David Faulkner .

The prisoner pleaded GUILTY . Aged 22.

Confined Fourteen Days .

1545. THOMAS SMITH was indicted for embezzlement .

GEORGE STATHAM . I am a tailor , and live in Henrietta-street, Covent-garden . The prisoner was my foreman ; if he took a garment home and was paid for it, he was to bring the money to me directly. At the beginning of December he took a pair of breeches and gaiters to Benjamin Jones ; when he came back I asked how they fitted - he said Mr. Jones had not tried them on; he did hot account to me for the money.

Cross-examined by MR. BARRY. Q. When did he leave your service? A. I think in February; I keep a book of the goods sent out - I had but recently began business, and did not receive any payment till after Christmas; I did not expect the money for these articles to be paid before Christmas - I called on Mr. Jones in March, and was suprised to see the prisoner's receipt for it; I have not my books here.

BENJAMIN JONES. I ordered a pair of breeches and gaiters; they were brought home by the prisoner in the beginning of December - I did not pay him at the time, but he called afterwards, and had it; he gave me this receipt: he had 2l. 1s. in money, and 1ls. in spirits - this is the receipt.

RICHARD MYRES . I am a constable. I took the prisoner in Surrey on the 15th of April.

GEORGE STATHAM re-examined. The prisoner returned the day he took these things home; he did not tell me he had been Mr. Jones afterwards - I had no opportunity of settling with the prisoner when he left; he went to dinner one day, and did not return: I think that was in February

GUILTY. Aged 58.

The prisoner received a good character, and was recommended to Mercy .

Confined Six Months .

1546. SARAH BRETT was indicted for stealing, on the 27th of June , 3 petticoats, value 3s.; 1 table-cloth, value 1s.; 1 pillow-case, value 6d.; 1 apron, vlaue 6d.; 1 gown, value 10s.; 1 shawl, value 10s.; 1 sheet, value 7s.; I blanket, value 4s.; 1 pair of gloves, value 6d.; 2 caps, value 6d.; 1 shoe-horn, value 6d.; 1 collar, value 6d.; and 1 pair of shoes, value 6d., the goods of Henry Willis , her master .

HENRY WILLIS . The prisoner lived in my service. On the 27th of June I got up in the morning, and went to call her, but she was then gone; I afterwards went to Allen's-yard, Kingsland, and found her two boxes, which I had seen, and knew were her's; the officer produced the key, and opened one of them, which was locked - the other was open.

ELIZABETH WILLIS . I am the prosecutor's wife - we live in Weymouth-terrace, Hackney-road . On the 27th of June the prisoner left our service, without notice; her boxes were brought to our house, and in them we found three petticoats, an apron, a gown, and some other things, which I know to be mine.

THOMAS CLEMMANS . I am a constable. I was sent for to Mr. Willis', and was desired to search for the prisoner: I found her the following day at a house in Henrietta-street, Hackney-road, where she had slept the night before; she had this shawl on her back: I found this key in her pocket, and went the next day with another officer to Stanborough's, and found two boxes - one was open, and the other this key opened; we took them to the prosecutor's, and this property was found in them.

WILLIAM MORETON . I am a constable. The prisoner was brought to the watch-house; I went the next day and got the boxes.

CATHERINE STANBOROUGH . The prisoner came to my house on the 26th of June, and asked me to let her leave her boxes, as she was going into the country; one of them was locked, and the other not; I gave them to the officer in the same state, I received them on Sunday, the 28th of June.

(Property produced and sworn to.)

Prisoner. I am sorry for it.

GUILTY . Aged 18.

Transported for Fourteen Years .

1547. JAMES TAYLOR was indicted for stealing, on the 17th of August , 1 coat, value 20s. , the goods of the Right Honourable Robert Peel .

THOMAS DAWSON . I am porter to Lord Farnborough, who lives in Whitehall-gardens . On the morning of the 17th of August I saw the prisoner running after Mr. Peel's carriage; I then saw him with this great coat, and went and took it from him - there was no servant behind the carriage: the coachman was riding and driving; Mr. Peel's servant owned the coat.

Prisoner. Q. Did you see me take it? A. No.

BENJAMIN COLE . I am Mr. Peel's servant. I did not go with the carriage that day, but I saw this coat behind it; it is the second coachman's coat - I know it by the buttons.

DAVID JONES . I am helper in the stable. I put this coat in the hind dickey of the coach; I buckled the apron all the way round it - it could not have fallen out; I did not know of its being taken till the afternoon.

RICHARD GODWIN MACE . I am an officer, and took the prisoner.

Prisoner's Defence. I was going down Castle-yard; the coach passed me - I looked behind me, and saw this coat, which I took up; I have but one arm, and I think it impossible that I could have taken it from the coach without some one seeing me - I saw Dawson coming towards me; I put out my arm, gave him the coat, and said I found it.

THOMAS DAWSON . That is not true; I saw him running after the coach, and said there was something behind the carriage; I then went and gave him the meeting - I asked where he got it, and he said he picked it up.

NOT GUILTY .

1548. HENRY WILMOT was indicted for stealing, on the 18th of July , 1 dead goose, value 5s. , the goods of James Cooke .

JAMES COOKE . I am a poulterer , and live in Princes-street, Soho . About twelve o'clock, on the 18th of July, I saw the prisoner come up to my shop, and saw the goose go into his apron; I pursued, and saw him stopped, without losing sight of him - he dropped the goose and I took it up.

GUILTY . Aged 14.

Whipped and Discharged.

1549. JAMES SHAW was indicted for stealing, on the 28th of July , 8 handkerchiefs, value 4s. , the goods of Edward Pike .

THOMAS JONES . I am in the employ of Edward Pike, a draper , at Knightsbridge . On the 28th of July the prisoner came and asked me for something for his neck - I said I would serve him directly; he went up higher in the shop - I saw him shuffling something under his coat, and I thought I saw something bulky under it; he then went out; I went out and collared him, took him into the shop, and he dropped eight handkerchiefs from under his coat, which were my master's; I detained him till the constable came - I had seen Mrs. Pike take these articles down from a shelf, to shew a customer, about twelve o'clock.

Prisoner. I went for the handkerchiefs, and took them to the door to look at them. Witness. He was outside the door and had got off the step - what he had was concealed all but the bulk.

ROBERT TURNER . I took charge of the prisoner and the handkerchiefs; I had known him some time - he has been a watchman in St. George's parish, and afterwards a patrol in St. James's parish; he had a good character, but was rather given to drink.

Prisoner's Defence. I am as innocent as a child; I went for a cotton handkerchief - I took them to the door to look at; he came and took me into the shop, and accused me of having them under my coat, which I had not; he struck me on the nose and made it bleed.

ROBERT TURNER . I only found 1d. on him.

Prisoner. There were a number of persons rushed into the shop while I was there, and my pocket was picked.

THOMAS JONES . He did say he had 1s. taken from him, but I do not believe it; he made a rush out of the shop, and tore Mrs. Pike's bonnet off - I think he was a little in liquor; he pulled some new books out of his pocket while he sat in a chair - he was very violent, and said he would strike the first man that came near him; a butcher came in and tied his hands.

GUILTY . Aged 31.

Confined Three Months .

1550. HENRY PRICE was indicted for stealing, on the 24th of August , 1 trowel, value 1s., and 1 hammer, value 1s., the goods of Thomas Newth ; and 1 trowel, value 1s., the goods of John Vankwell .

THOMAS NEWTH . I am a plasterer , and was at work in the Five-fields, Chelsea , on the 8th of August - I left a trowel and a hammer there - when I went on Monday, the 10th, they were gone. and a number of other tools; these are mine, and this other trowel is my partner John Vankwell's; I know nothing of the prisoner.

JOHN SOUTHERWOOD . I am an officer. On the 21st of August I heard some tools had been taken from a house in Elizabeth-street; the prisoner had been given to me by a private watchman, on a charge of stealing some other tools; he said he did not steal them but his brother did, and sold them to Kitchen; I went to the prisoner's mother's, who said he had a younger brother, who has since been punished; the prisoner told me, that Kitchen told him his brother had stolen them; I went and found Kitchen at work; I said I wanted the plasterers' tools; he denied having any; I said I had witnesses to prove it - and then he went into a foundation and got them out; he said he had them from Tintar, which is the name the prisoner and his brother go by; I took him to the prisoner, who said, "My brother gave me the tools."

Prisoner's Defence. I was up at Paddington walking with Kitchen - my brother and another boy called me; my brother said he had got two trowels and a hammer; there had been a fight at Chelsea, and he picked them up and a piece of bread with them, which he eat; I took the tools to Kitchen - he said the trowels were worth 1s. a piece and the hammer 9d.; I said he should have them for that - he put his hand into his pocket and took out the money; I gave it to my brother.

JOHN SOUTHERWOOD . Kitchen said he bought the tools on the Sunday about ten days before I saw him, and the prisoner had sold them to him - the prisoner's mother took some other tools back to the prosecutors, which had been taken at the same time.

GUILTY . Aged 15.

Transported for Seven Years .

1551. DANIEL KELLY was indicted for stealing, on the 27th of July , 1 shovel, value 2s. 6d. , the goods of Sophia Raffles , widow .

JOHN CROSSWELL . I am butler to Mrs. Sophia Raffles - she is a widow, and lives in Grosvenor-square . I know this shovel to be hers - it was safe on the 26th of July about the middle of the day; the beadle afterwards brought it.

JOHN LACY . I am an officer. I took the shovel from the prisoner on the 27th of July, between nine and ten o'clock in the morning; I took him to the watch-house; I had been watching him in several areas - I saw him bring something out of the prosecutrix's area, and then go down Davies-street, where he offered the shovel to a man who was making a sewer.

Prisoner's Defence. I went down to take the dust, and left my shovel in the area - I went back for it and

found this; my own was gone; I put it into my sack, and thought at first it was my own.

JOHN CROSSWELL . He had been there for dust, but he was not the regular dustman.

GUILTY . Aged 18.

Transported for Seven Years .

1552. EDWARD HOWARD was indicted for stealing, on the 1st of August , 1 bound book, value 30s., the goods of Edward Jeffery and another .

EDWARD JEFFERY . I am in partner ship with my son - we live in Pall-Mall . About twelve o'clock on the 1st of August, the prisoner and another came to ask the price of a book; I went into the street to see which book they meant, and while I went out the prisoner took this book and went away - when I went in I missed it; a man pursued him; I observed him in the shop, and am able to say he was one of the persons; I saw it at the office again in about half an hour.

Prisoner. Q. When you came to the office did you not say you did not miss the book? A. No; I missed a book; my son came in directly after and I told him - I could not leave the shop myself.

SAMUEL ROBINSON . I saw the prisoner at she top of the Haymarket with another - the prisoner looked into several shops, and then I saw him go into the prosecutors and bring out the book; he put his handkerchief over it, and put it under his coat - I followed him to she top of the Haymarket, and was going to take him - he dropped the book - I took it up; I still followed, and saw him taken.

Prisoner. Q. You saw me came out of the shop? A. Yes; and you turned and went up the Arcade; I was close to you - I was behind a pillar when I saw you go into the shop; the other did not come out of the shop when you did; I have not been a witness here above twenty times; I am often walking out on business, early and late.

GEORGE AVIS. I was sent by order of Mr. Dyer of Mr. Jeffery's - he said there was a book missing from there, but he did not know what book it was.

GUILTY . Aged 19.

Confined Two Months .

1553. PATRICK GLEESON was indicted for stealing. on the 2nd of September , 1 pair of shoes, value 7s. , the goods of Joseph Perry .

JOSEPH PERRY . I am a labourer . I lost a pair of shoes on the 2nd of September; I went to lay down in the barn, at Clapham , where the prisoner was; I pulled off my shoes and laid down, and when I got up in the morning the prisoner was gone and my shoes likewise; a man and woman were gone besides him - there were a great number of persons in the barn that night; I suppose fifty people went away that morning; I saw him seven days afterwards on the banks of the new canal, with my shoes on his feet; I said; "What a man you were to take my shoes away;" he said he had purchased them down at Strood; but I can swear they are mine by a part of the lining of the heel, which is broken down; he said he went into Kent from Clapham.

Prisoner. I bought them at Strood, and paid 7s. 6d. for them; I should like to know how he knows that they are his. Witness. Here is the place in the heel where I stuck some shoemaker's-wax in, as I could not get it sewed.

JOHN SOUTHERWOOD . I was called and took the pri soner - these shoes were pulled off at the watch-house and the prosecutor swore to them; the prisoner said that he bought them at a shop at Strood; he said at the office, that there was a person in Gray's Inn-lane who knew they were his.

Prisoner. I said Gravel-lane; it was John Sheen - I wrote to him to come here. NOT GUILTY .

1554. JAMES DUPEAR was indicted for stealing, on the 16th of August , 1 silver snuff-box, value 30s., the goods of William Wust , from his person .

WILLIAM WUST . On the 16th of August I was walking in Portland-street with my wife, about a quarter before seven o'clock - two women on the opposite side of the way called to me that the young man had run off with my snuff-box; they pointed to the prisoner; I went after him and called Stop thief! a great many people followed - I did not see him stopped - I am sure he is the person they pointed to; he was running, and those women were on the opposite side of the way - they had not an opportunity of taking it; I did not see the prisoner near me; I should not have known it if the women had not have spoken.

Cross-examined by MR. PHILLIPS. Q. Are either of those women here? A. No; I did not see him do any thing, only run; I had used my snuff-box about a quarter of an hour before.

ELIZABETH MARY COOPER . I was in Portland-mews, and saw the prisoner pass me, running fast, and two persons following him; I heard the cry of Stop thief! - there was no one running before him; I kept my eye on him, and saw him put his hand to his right thing, and throw something on a dunghill, which looked like tin - I went across the road and saw the snuff-box, and told my aunt of it.

Cross-examined. Q. How far was this from the gentleman? A. I do not know - I lost sight of the prisoner after he threw the box down; he was brought back in about three minutes - I know him to be the same person; I had only a few seconds opportunity of seeing him at all.

MARY ANN PIGGOTT . On the 16th of August, which was Sunday afternoon, I was lying down - I heard a cry of Stop thief! - my husband called me up - I went into the front room and saw the snuff-box on the dung-hill - I took it up.

Cross examined. Q. How many young men were running? A. I saw a mob running, but they had got past before I took this snuff-box up; I did not see the prisoner till he was brought back.

STEPHEN JAMES PENNY . The witness gave me this snuff-box: I took it to the watch-house, and gave it to Buckland.

JOHN VIRGO BUCKLAND . I produce this snuff-box, which Penny gave me; I had heard the cry of Stop thief! found the prisoner in custody - and took him; I saw the prosecutor directly afterwards, who claimed the box -I know nothing of the prisoner; I have been an officer about eight or nine years.

(Property produced and sworn to.)

Prisoner's Defence. I am innocent.

The prisoner received a good character.

GUILTY. Aged 18.

Recommended to Mercy by the Jury, on account of his character .

Confined Six Months .

1555. HENRY WILKS was indicted for stealing, on the 31st of July , 2 gown pieces, value 10s.; 1 counterpane, value 5s.; 12 pairs of gloves, value 24s.; 3 handkerchiefs, value 16s.; 2 remnants of muslin, value 2s.; 2 towels, value 1s.; 3 pairs of braces, value 15s.; 3 stiffeners, value 16s.; 2 pairs of garters, value 2s., and 3 remnants of cotton, value 2s., the goods of John Verey his master ; and MARY STAPLES was indicted for feloniously receiving the same, well knowing them to have been stolen ; against the Statute, &c.

JOHN JOWETT . I was in the employ of John Verey , a hosier ; the prisoner Wilks and been nearly eleven months in his service. I had given some instructions to Clements and Ballard, and on the 31st of July they came and brought four silk handkerchiefs and two silk handkerchiefs, four of which I could positively swear to, from a mark which was then on them, but which is now gone: this one I had had in my hand the evening before, and I bad missed them; I know the patterns of the others - we got a search-warrant and went to the house of Staples; she was present, and we found two gown pieces, this cambric handkerchief, three gloves and a variety of other articles; I can swear to the gown prints and to this muslin, which has a private mark on it; I believe them all to be Mr. Verey's; she said they had been given to her by Wilks.

Cross-examined by MR. PHILLIPS. Q. She told you that, on their being found? A. Yes; she gave up a purse, which she said belonged to Wilks - I did not see how much was in it: I heard Wilks and she were going to be married - she lives with some persons who I understood were her parents; she said Wilks had given her all the things - many of them are small remnants, and are not of much value; some of the gloves were in the possession of her father - I believe he is a bell-hanger.

THOMAS CLEMENTS . I was sent to watch the shop of Mr. Verey, in Regent-street , on the 31st of July; I saw Wilks coming out of the shop, and followed him with Ballard - as he was walking along Margaret-street I saw him take some things from his pockets, look at them, and do something with them; we followed him on to Mr. Chapman's, a pawnbroker, in Cleveland-street, where he offered these four handkerchiefs for 1s. 6d.; we took him, and then found other handkerchiefs in his pocket; we got a search-warrant, and went to Union-street. Oxford-street, where we found the female prisoner: I said to her, "Henry is in custody - we have a search-warrant, and are in possession of a good many facts to prove that you have received some things; you may do as you please about what you say to me:" she said, "I shall not deny it;" she then opened the drawers, and gave me these things - she said she had lived in the same family, and expected to be married to Henry - that they had bought those drawers and some other things; she gave me this purse of money, which she said he gave her to save for him. Wilks said at the office that he gave these things to her, and she knew nothing about them.

Cross-examined. Q. She at once told you of it? A. She gave me the money; I believe I first said, "Whose money is this?" there was no hesitation about her - she behaved very well: I believe it was not her father and mother who lived in the house with her.

WILLIAM BALIARD . I have nothing to add farther, except that some of these things were in the possession of her father, as he is called; this stiffener was in the possession of her brother - one pair of braces had been sold by her mother to one of the lodgers; I found two duplicates in Wilks' pocket, which allude to some of these things.

JOHN WILCOX . I have a piece of silk, pawned with me on the 26th of July, by Wilks, as I believe - this is the duplicate I gave.

JOHN WILLIAM ANDREWS . I have some silk, pawned with me by Wilks, on the 21st and 28th of July.

(Property produced and sworn to.)

WILKS - GUILTY . Aged 19.

Transported for Fourteen Years .

STAPLES - NOT GUILTY .

1556. JANE PEARCE was indicted for stealing, on the 29th of July , 1 half-peck of oats and beans, mixed together, value 10d.; 12 yards of bed-tick, value 15s.; 10 yards of calico, value 5s.; 4 yards of linen, value 6s.; 12 yards of canvas, value 5s.; 12 yards of printed cotton, value 6s.; 4 pieces of soap, value 1s.; 4 knives, value 1s.; 4 forks, value 6d.; 11b. weight of thread, value 6d., and 1/4lb. weight of cotton, value 6d., the goods of James Jay , her master .

HENRY WHITE . I am a foreman to James Jay , an upholder who lives in Golden-square - the prisoner was in his employ for about seven years. On the morning of the 29th of July her basket was brought to me by one of the other workwomen; I found in it a piece of calico and a small quantity of oats and beans: when she came in Mr. Jay and myself taxed her with having some property in her basket - she at first denied it, but afterwards confessed that there was some property in it; the officer was then sent for, who went to her lodgings, where we found the other articles charged in the indictment; I saw her again - she said, "I know I have done very wrong, and I hope Mr. Jay will be merciful to me."

Cross-examined by MR. PHILLIPS. Q. Was Mr. Jay at the office at the time she said that? A. Yes; I did not press him to prosecute her - there are about twelve women in the employ now; I cannot say how many there were at that time - no person is here who heard her say the calico was in her basket; Mr. Jay and one of the clerks were present at the time: Mr. Jay was rather reluctant to prosecute - I am not aware of telling him that he ought to do it; I cannot swear I did not: I cannot identify any of these articles by a particular mark - I compared this calico with the piece we had then in use, and it matched exactly - here is a trifling stain of fruit on it, which I saw when it was taken out of the basket.

BENJAMIN SCHOFIELD . I am an officer. I was sent for, and the prisoner was given into my custody; she begged Mr. Jay would not prosecute her, and she would never be guilty of the like again; I asked where she lived - she said at No.53, Margaret-street: I asked if she had any property belonging to Mr. Jay - she said she had, and if I would go there with her she would give it up - I took her to the office, then went and took the things.

Cross-examined. Q. Do you think it your duty to question prisoners? A. I do, Sir - I did not tell her that I should use her answers against her.

Prisoner. He said Mr. Jay would not do any thing to me if I would tell him; he took every thing he could find. Witness. She begged of me to speak to Mr. Jay, but I did not say he would be merciful.

Prisoner's Defence. I have borne a good character up to this moment; the foreman has been doing every thing he could to injure me; it was a good for nothing infamous woman that did it.

BENJAMIN SCHOFIELD . She said at first that a person had given her some things, but afterwards she said she took them.

The prisoner received an excellent character.

GUILTY. Aged 48.

Recommended to Mercy by the Prosecutor and Jury .

Confined Twelve Months .

1557. THOMAS BROWN was indicted for stealing, on the 25th of July , 1 sack, value 1s. 6d., the goods of John Lambert; and 3 bushels of beans, value 6s. , the goods of Mary Wall .

MOSES SIMMONS . On the 25th of July, between five and six o'clock in the morning, I saw the prisoner come to Mrs. Wall's, a salesman , in Spitalfields-market ; he took a sack of beans from a stack, and carried them away- I spoke to Mr. Wall, and asked if he had sold a sack of beans to such a person; he said No: I then went after the prisoner, but could not find him; I gave information to Adams, and in about two hours I saw him in custody: I knew him perfectly well before; he denied it, and said he had bought three prickles of beans from a cart in Crispin-street, but there was no such cart there.

Cross-examined by MR. PHILLIPS. Q. What are you? A. An inspector of the watch. This was in East-street I believe, I am not sure - I will not swear at all; he took me to a street, I believe it was East-street - I do not know much of him, only by seeing him about for a year and a half; I was within a yard of him when he took them; I rather believe he saw me - he might know I was inspector of the watch, or he might have forgotten it.

COURT. Q. Why did you not stop him when he was taking them? A. I did not know but he might have bought them - I knew he was a dealer.

JOHN WALL . My mother's name is Mary. This witness came to me on the Saturday, and asked if I had sold a sack of beans, and described the man: I had sold four sacks that morning, but none to him - I looked, and missed a sack: I saw the prisoner afterwards in the watch-house - the sack is Mr. Lambert's; the beans were my mother's - we are salesmen; they were lying opposite my mother's place - I cannot swear that this is the sack, but I missed one like it.

Cross-examined. Q. Is Mr. Lambert here? A. No; the prisoner has bought things of me - I may have lent him sacks, but it must have been at least a fortnight before; we always send for the sacks the same evening the things are sold, except on Saturdays - we sometimes have wrong directions for them; I cannot say that I had not lent the prisoner half a dozen sacks of Mr. Lambert's.

COURT. Q. Would three prickles fill a sack? A. No - a sack holds thirteen or fourteen peeks; three prickles are ten pecks and a half.

JOSEPH ADAMS . Simmons described the prisoner to me; I found him at the end of Lamb-street - I asked him what be had done with the beans: he said he had not had any - I took him to Simmons, and than he said he had had some beans, but he bought them of a cart in West-street; I had been up from four o'clock, and am certain there had been no such cart - he said he had bought three prickles; I found this sack on a truck, which they said was his-it was full of beans; he assisted in taking the truck to the watch house - there were other things in it.

Cross-examined. Q. What else was in the truck? A. A sack of peas, three half-sieves of currants, onions, and other things; there was no name on the truck, but he said it was his-he showed us where he bought the other things; West-street was in a very crowded state, and that convinced me that the cart he described had not been there; there were three fruit carts which were drawn on the pavement, at half-past three o'clock, and they were there when we went to see it; I am sure that there could not have been the cart he described.

Prisoner's Defence. I keep a greengrocer's shop , and had two sacks belonging to Mr. Wall, one on the 21st, and one on the 23d-on one called, and I took them to return; I went up West-street, adjoining the market, to purchase some peas and some beans, and put them into the sacks; I took them to my truck, Mr. Adams came and said I had stolen some beans-if I had stolen them, as Simmons says I did, at a quarter before six o'clock; I might have taken them home, and they would not have been found but knowing that I got them honestly, I let them be while I went to get other goods; when we went to Simmons' house he was in bed, and we waited till he came down; the prosecutrix swore to the beans she had to sell. NOT GUILTY .

1558. JOSEPH BRACE was indicted for stealing, on the 25th of March , 1 pair of shoes, value 10s. , the goods of Thomas Eldrid .

THOMAS ELDRID . I lost a pair of shoes from under my bed on the 25th of March; I pulled them of the night before, when I went to bed; the prisoner slept with me that night, and no one else-it was at the Rummer public-house, at Enfield ; I found him afterwards at Edmonton-he gave me a duplicate of another pair of shoes, and said he would make it up on the Saturday night; I took the duplicate from him, and gave him to the constable - he has worn my shoes out.

JOHN MEAN . I am a constable of Enfield. I took the prisoner; he said he had worn the shoes out - I said they must be too big for him; he said, "They fitted me very well, when I had got a truss of hay in them."

GUILTY . Aged 24.

Transported for Seven Years .

1559. SAMUEL BEASLEY , was indicted for stealing, on the 29th of August , 28lbs. weight of cheese, value 20s. , the goods of George Thame .

GEORGE THAME . I am cheesemonger , and live in James-street, Oxford-street . On the 29th of August at five minutes before 12 o'clock at night, I was going to ge some porter and heard Stop thief! called-I turned and saw the prisoner drop the cheese from his shoulder; I pursued and took him - my wife took up the cheese.

WILLIAM WANDLER . I was in Oxford-street and heard Stop thief! called-I ran to Bird-street and saw the prisoner running - I took charge of him and asked what he had been doing; they said, he had stolen the cheese, and there were four more in the gang.

(Property produced and sworn to.)

Prisoner's Defence. A person coming down Bird-street first caught hold of me, and then this person came up - a stout man came with a pipe in his mouth; he said, "Is this the young rascal that stole the cheese?" and they said, Yes.

GUILTY . Aged 16.

Transported for Seven Years .

1560. ALFRED BROWN was indicted for stealing, on the 26th of August , 3 spoons, value 12s., 1 pair of sugar-tongs, value 5s.; 3 yards of silk, value 10s.; 2 handkerchiefs, value 3s., 1 apron, value 10s., and 2 yards of ribbon, value 1s. , the goods of Elizabeth Stapleton . widow .

MARIA KNIGHT . I live with Elizabeth Stapleton a widow, in Frith-street . On the 26the August she lost a pair of sugar-tongs, some tea-spoons, some silk and other things which where loose in a wardrobe; the prisoner lodged in the house-these are the articles.

Cross-examiend by MR. RYLAND. Q. How long had he lodged in the house? A. Since April. I believe he lived in a respectable house - he only slept there; he had before then slept at his master's - their house was repairing - Mrs. Stapleton is not here-she was unwilling to prosecute him.

GEORGE TURNER . I am an apprentice to a pawnbroker in High-street, Bloomsbury. These tongs, and tea spoon were pawned on the 21st of July, and the tablespoon the same day-the prisoner pawned one; the other I did not take in.

THOMAS CLEMENTS . I went to the prisoner's apartments and found him there; I said, I came to search the place-and if he choose he might tell me any thing before I commenced the search - he hesitated a short time; the witness said to him "If you will tell where they are my mistress will do nothing against you;" I stopped her but I do not know what I said - I then went over to the other side of the room, and the prisoner told me where the property was - I found some at the pawnbroker's, and the other articles at Queen's-row, Walworth, where he said he gave the duplicates to a friend of his, to be brought forth-but I have not seen them.

GUILTY. Aged 16.

The prisoner received an excellent character from his master, who engaged to received him again.

Recommended to mercy by the Prosecutrix and Jury .

Fined One Shilling and Discharged.

1561. WILLIAM COOPER was indicted for stealing, on the 22nd of July , 4 books, value 8s., the goods of Eleanor Foxhall ; and 8 books, value 12s. the goods of Ann Sullivan .

SECOND COUNT, the property of Philip Tidy mn .

ANN SULLIVAN . I am pew-opener at the Baverian Chapel, Warwick-street . On the morning of the 22nd of July I went there, and was informed that a person had been taken for stealing some books; I looked and missed twelve books - I saw them afterwards at the office, and knew them - also some keys and a bag.

Cross-examined by MR. LEE. Q. Had the books any marks? A. Yes, one of them has the name of Eleanor Foxhall - I should have known them if the name had not been in them, from having seen them so often in my hands- these five were in my own drawer, two of them are my own, and three of them have the names of persons in them - the drawers were open; the lock of my drawer was picked - one of the books has a picture in it, which I know,

PHILIP TIDYMAN . I am clerk at the chapel - I went there on the morning of the 22nd of July, and took the prisoner with the books on his persons in the gallery - I asked him what he was doing - he made me no answer; I saw his pockets sticking out with the books and some of them in his hat - he gave no account of them.

Cross-examined. Q. Did you take these books from him? A. He took them from his pocket while he was standing in the vestry, waiting for the constable; I let them lie till the constable came, and then he took them: I swear the prisoner took these very books from his pocket - they might be twenty minutes out of his pocket before the constable came; there were no others in the vestry but what he took out of his pocket.

THOMAS MINTON . I am a constable. I took the prisoner up, and searched him - I found one of the books on his person, and three keys, which opened the drawers.

Cross-examined. Q. What is the books you found in his possession? A. This is one; there is no mark in it- the clerk had taken the books from him before I got there.

GUILTY . Aged 28.

Transported for Seven Years .

1562. THOMAS CHANDLER was indicted for stealing, on the 20th of August , 1 umbrella, value 28s. , the goods of John Cadman .

JONN CADMAN . On the 20th of August I lost a silk umbrella from within the door of my shop in the Strand while I was lighting the gas; a gentleman came in and told me of it; I went out and saw the prisoner running with it - I pursued, but lost sight of him; I cannot be positive to his person; Mr. Kearsley told me that a person had run into his house with an umbrella; I went into the tap-room, and saw the prisoner sitting in a corner - I charged him with it, but he strongly denied it; he seemed agitated - I looked, and found the umbrella behind him; I had seen it safe ten minutes before.

JOHN HALL . I am an officer. I took the prisoner, and produce the property.

Prisoner's Defence. On coming down the Strand I saw the umbrella leaning towards the ground - there was a great crowd going along, and several people stumbled to pick it up; I took it, and went to have a pint of beer.

JOHN HALL . He said he picked it up, but it was quite clean - it had been raining in the afternoon, and the ground was very dirty. GUILTY . Aged 21.

Confined Two Months .

1563. JOHN HIBBART was indicted for stealing, on the 13th of August , 5 wine-glasses, value 5s. the goods of Charles King .

HENRY RANDOLPH . I am in the employ of Charles King , a wine-merchant , in Oxford-street . I missed a glass between eight and nine o'clock on the 13th of August-1 did not see it taken, but I took a glass out of the prisoner's pocket; he said he did not know how it came there - the young woman who serves in the bar gave me information; these other four glasses are my master's, they were found at a pawnbrokers's; I do not know when they were missed; we had several of them, and lost them all.

ALEXANDER MANN . I am a constable. I was sent for, and took this glass from the witness; as we went to the watch-house the prisoner made his escape, a ran down a yard-I pursued, and took him; I found eighteen duplicates in his trousers, two of which relate to these glasses.

JAMES HILL . These four glasses were pawned by the prisoner at two different times, in July and August; I asked if they were his own; he said Yes, and that he had half a dozen of them.

Prisoner Defence. I had been to two or three public-houses and had something to drink; when I came home my wife sent me for a small quantity of gin - I went to the prosecutor's for it - I stood a minute or two, and the young woman said she missed a glass; I said I knew nothing about it - this young man came and searched my pocket; I said I did not know how it came there-these four glasses were given me by a young man who is gone to America with Mr. Edward Hall.

NOT GUILTY .

1564. GEORGE KEENE and SAMUEL KEENE were indicted for stealing, on the 1st of August , 7lbs. weight of snuff, value 34s.; 3lbs. weight of tobacco, value 11s., and 12lbs. weight of segars, value 15l. , the goods of James Foot and Simon Foot .

MESSRS BARRY and CRESSWELL conducted the prosecution.

GEORGE TAYLOR . I was servant to James Foot and Simon Foot -their factory is in Vine-street, Minories. On the 31st of July the prisoners came there together - Samuel said he was recommended to purchase goods at our warehouse; he selected some, which were to be paid for on delivery; George said he would give me a reference - I said it was unnecessary, as the carman had had directions to bring them back if they were not paid for on delivery; I gave directions for making up the order, which consisted of tobacco, snuff, and segars, to the amount of 59l. 7s. - they were sent on Saturday, the 1st of August, by William Creed and a boy - I gave them both particular orders, as the prisoner were entire strangers, not to leave the goods without the money, and unless it was forthcoming to bring back the goods immediately; Creed returned about three o'clock in the afternoon, and said George Keene told him that his brother would come to us; I sent him back immediately-he did not return till past seven-I was then gone from the warehouse; the boy came back about five o'clock with George Keene , who said he wished me to allow him to keep the goods till Monday, assuring us that they should then be paid for; I told him that either the goods or the money must be returned - he went off immediately with the boy; I sent another person after them - I got back part of the goods, and found on the Monday that there was a deficiency amounting to 17l. 9s. 8d.; they had been deposited in the counting-house - they were examined on the Monday as the prisoners did not apply for them, which they assured Creed they would do; there were 12lbs. 2ozs. of segars missing. 7lbs. 14ozs. of snuff, and 3lbs. 5ozs. of tobacco, which we have never had back; I received an account of a small portion of the goods; I went on the Monday and saw Samuel; I told him of the quantity that was deficient-he took it down on a slate; he said he was sorry the goods were detained, as they had an order for them, and his brother had gone to the banker's to see if they had received advice to pay a cheque - he said the goods were sold.

Cross-examined by MR. PHILLIPS. Q. When did you have them taken up? A. George on the Tuesday, and Samuel on the Wednesday morning; there was never any concealment of this deficiency; it was said it should be paid for - he did not object to the amount I said was deficient - there was no application made on the Tuesday for the money to my knowledge; I applied for the goods - the firm is Lundy Foot and Co. - Mr. Lundy Foot is not in the firm now; he is alive, and is a clergyman; I have seen him within this twelvemonth - it was not agreed that these goods should be sent in on the Monday; I did not received any note from either of the prisoners; part of the goods were brought back on the Saturday, they gave them up themselves.

COURT. Q. When did you go to the premises? A. Not till the Tuesday; it is a shop in Brydges-street, Covent-garden - I did not notice whether the name was over the door; I saw some jars there, but do not know whether there was any thing in them.

WILLIAM CREED . I am a carman to Messrs. Foots. On Saturday, the 1st of August, I was sent with some goods from their warehouse to Mr. Keene's; I received instructions to bring back the goods or the money, and if I had a cheque, the boy was to go and see if it were good - when I arrived at the prisoner's I took the goods out of the cart, and put them into the back shop; George Keene called them over with the invoice, and said they were right - I offered the receipt, and George Keene said his brother was gone into the City with a cheque; I said I would wait - in about twenty-five minutes I went out and went over Westminster-bridge; when I came back he said his brother was now in the City, and no doubt he was waiting at our house - I then went home; Mr. Taylor told me there had been no one there - I was to go back and bring the goods or the money; I went back, and saw George Keene and a young woman - I said, "I must have the goods or the money;" George Keene them went with the boy into the City - before the boy went I saw a note in his hand; I opened it, and said it was not sufficient for my master, we must have the goods or the money-I waited till the boy and George Keene said his brother had got it; he gave me the goods from under the counter and from the window, and said they were all that were not sold, and what was accounted for in the note would make up the amount of the order - they gave me money for a pint of beer, which I got at the next house; the boy had part of it.

Cross-examined. Q. Did you tell your master you got the pint of beer? A. Yes; he was not displeased at it - part of the goods were in the window in a paper; this is the note (the note was here read, containing several items, amounting to about 2l. 4s.)

WILLIAM MALKIN . I am in the service of Messrs. Foot. I went to the shop on the Saturday, and saw the goods delivered-George Keene opened part of the goods, said he was satisfied with part of the contents that his brother was gone into the City and would call at the warehouse and pay for them; Creed went away - I staid in the shop; George Keene opened the goods and wrote this paper - some of them were placed in the window and some under the counter; I was sitting on the counter; I looked over, and saw the goods close against a trap-door - the carman got a pint of porter, I had part of it; I gave the note to the carman - he asked if he might read it; the prisoner said Yes - he opened, and read it.

George Keene's Defence. The goods were not taken with any felonious intention.

NOT GUILTY .

Fifth Middlesex Jury - Before Mr. Sergeant Arabin.

1565. ROBERT LOCKWOOD was indicted for stealing, on the 15th of August , 36 apples, value 1s. 6d., and 1 basket, value 3d. , the goods of Thomas Bowyer .

JAMES ASHTON . I live two doors form Mr. Bowyer's shop. On the 15th of August I saw the prisoner and another person come to the shop, and take out a sieve of apples - I told Mr. Bowyers, and he followed; I had lost sight of the prisoner, but he was brought back within ten minutes - I know he is the person.

THOMAS BOWYER . I live in Ratcliffe-row, Bath-street , and am a green-grocer . I was informed of this circumstance, and the prisoner was pointed out to me - he ran up Bath-street, and I took him; he had nothing then - this basket was given to me in two or three minutes; I had not seen it thrown away - I saw it safe about twenty mintues before; the prisoner was a stranger to me.

CHARLES DOWNER . I keep an oyster-stand. The prisoner ran by my stall, and threw down this basket, which I took up and gave to the officer.

THOMAS BENNETT . I am an officer. I took the prisoner; this basket was given to me.

GUILTY . Aged 21.

Transported for Seven Years .

1566. RICHARD PINK was indicted for stealing, on the 20th of July , 1 silver spoon, value 10s., and 1 pair of nut-crackers, value 2s. the goods of John Robert Vincent .

JACOB VINCENT . I am a son of John Robert Vincent , a clerk in the East India-house , who lives in Claremont-place . On the 20th of July I returned home about half-past eight o'clock in the evening, and found the prisoner in custody - I went with the constable to a refiner's who produced this spoon, which is my father's.

BENJAMIN CATRULL . I was sent for, and took the prisoner in the prosecutor's house - he was charged with stealing a spoon and a pair of nut-crackers; I got the spoon from Mr. Woolman, and the nut-crackers I found upon him - he told me where he had sold the spoon.

SARAH ANING . I am servant to the prosecutor. I missed the spoon at half-past four o'clock, from the bedroom on the second floor; the nut-crackers were taken out of the sideboard drawer - I had not known the prisoner till that day, when he came to work there as a paper-hanger.

The prisoner put in a petition signed by his parents, representing him to be an idiot - he received a good character.

GUILTY. Aged 17.

Recommended to Mercy . - Confined Six Months .

1567. EDWARD WILSON was indicted for stealing. on 14th of August , 1 pail, value 1s., the goods of John Pullen ; 1 pewter-pot, value 1s., the goods of Thomas Easton ; 1 pewter-pot, value 10d., the goods of Joseph Cundey , and 1 pewter-pot, value 10d., the goods of William Martin .

JOHN PULLEN . I am a carpenter . On the 14th of August I lost a pail, a pint pot, and some fire-wood from my house in Hoxton New-town .

THOMAS EASTON . I lost a quart pot from the house of a friend, but I cannot say whether this is it.

JOSEPH CUNDEY . I keep the Duke of Wellington public-house, in Cross-street, Hoxton New-town . I serve Mr. Pullen; this is my pot, and I believe was taken from his house.

JOHN BROWN . I am an officer. I produce three pots, a pail, and some flower routs, which the watchman brought to me with the prisoner.

JOHN MILES . I am a watchman. I met the prisoner in Finsbury-place at half-past two o'clock in the morning on the 14th of August; he had the quart pot under his coat - the two pint pots and the roots were in this pail; he said he had nothing in the pail but flower roots - at the watch-house he said he gave 1s. 6d. for them.

WILLIAM MARTIN . I keep the Prince Regent public-house - this pot is mine.

Prisoner's Defence. I had been to carry a parcel for a gentleman, and he paid me for it - I got groggy, and met a man with a basket who sold me these things for 1s. 6d.

GUILTY . Aged 40.

Transported for Seven Years .

1568. GEORGE WESTON and HENRY PAUL were indicted for stealing, on the 19th of August , 1 jacket, value 5s., and 1 pair of trousers, value 7s. , the goods of William Wellington .

WESTON pleaded GUILTY . Aged 16.

Transported for Seven Years .

WILLIAM WELLINGTON . I am a clothes salesman , and live at No. 7, Lower Marsh, near the gate at Lambeth ; this jacket and trousers were safe at my door at six o'clock on the 19th of August - they were taken before half-past eight; I saw them at Marlborough-street next day - I know nothing of the prisoners.

THOMAS CLEMENTS . On the 19th of August I was going down Drury-lane with Goddard; I saw the prisoners and three other boy s come up the lane and go down Duke's-court - we followed them; Paul had this bundle, and Weston took it of him in the court - I took Paul, and Goddard took Weston; the other two boys ran away - as I was going with Paul to the watch-house I asked him where he got the things; he said they were coming up the cut, that Weston took them from the nail, and gave them to him to carry - and he carried them till he was taken.(Property produced and sworn to.)

PAUL - GUILTY . Aged 14.

Recommended to Mercy by the Jury. Judgment Respited .

1569. MARY COLLINS was indicted for stealing, on the 26th of July , 1 coat, value 16s. , the goods of William Gleeson .

JOHN CLIFFORD REYNOLDS . I am in the service of a pawnbroker in High-street, Borough. The prisoner and another woman came and brought this coat; I am certain the prisoner was one - the other woman asked the prisoner how much she was to ask for it; she said 25s. - I gave them 14s. for it - I do not know which took the money.

WILLIAM GLEESON . I live in Chapel-row, Chelsea . This is my coat; the prisoner and her husband lodged with me for a fortnight previous to the 25th of July - I took the coat in that evening, and put it into a box near the prisoner's bed; in the morning I got up at seven o'clock, and the prisoner was gone - I looked at the box between eight and nine, and the coat was gone; I made inquiry. and found the prisoner the Wednesday following in the workhouse - I have no other lodger.(Property produced and sworn to.)

Prisoner's Defence. I did not know what was in the box; the pawnbroker said I was not the person that took it, and said he would shew him the person - he went with him, and the next day he said I was the woman; I never was in his shop in my life - he knows the person who pawned it, but will not bring her forward.

GUILTY . Aged 36.

Confined Six Months .

1570 ANN LAWDEY was indicted for stealing, on the 25th of March , 1 sheet, value 8s. , the goods of William Chase .

WILLIAM CHASE . I live in Maiden-lane, Covent-garden . The prisoner lodged with me the latter end of last year; I missed a great deal of property while she was there - I missed this sheet, which I found at a pawnbroker's in Chandos-street.

FREDERICK BALHAM . I produce a sheet from Mr. Cameron's, but do not know who pawned it.

JOHANNA LOUISA PRESTON . I know the prisoner. On the 25th of March the officer came to my house and searched her box; she called me into the yard, and said to me, "It is your sheet; I leave myself to your mercy;" I supposed she alluded to a sheet stolen from me, but this was not mine.

NOT GUILTY .

1571. RICHARD CARTER was indicted for stealing, on the 7th of August , 2 shoes, value 6s.; 1 pair of stockings, value 1s.; 1 pair of trousers, value 2s., and 1 pair of braces, value 3d. , the goods of Joseph Jasper Bourne .

JOSEPH JASPER BOURNE . I am a lighterman , My barge was at Mr. Mercer's wharf, at West Drayton , on the 7th of August, about seven or eight o'clock; these things were in the locker, and when my boys turned into bed, they left them there - I then went down the village, and saw the prisoner in a public-house; he asked if I would give him a pair of trousers - I told him if he would call on board the barge in the morning, I would give him an old pair; he said he could mend them - I went on board at twelve at night, and slept there; I then missed the articles - I went to the Bells public-house next morning, and saw the prisoner asleep on the table; I awoke him up, and said, "You are a bad kind of man." - He said,"You want your things - if you won't hurt me, I will give them to you;" and he took me down a close, and from under some long grass, took them out and gave them me.(Property produced and sworn to.)

The prisoner pleaded distress.

GUILTY . Aged 36.

Confined Three Months .

1572. ANN DAVIES was indicted for stealing, on the 30th of July , 1 shirt, value 4s. , the goods of Thomas Bailey .

ELIZABETH BAILEY . I am wife of Thomas Bailey ; we live in Hadleigh-street . My husband has been afflicted for some years, and the prisoner came on the 30th of July to see him; she sat with us all the morning, and dined with us - it then thundered and lightened, she staid to tea, and then went away: after she was gone, I missed a shirt from a basket-full of clothes - I heard of it on the 8th of August, and found it the next day: it belonged to a person I wash for - I have known the prisoner seven years; there were other articles in the basket of greater value.

ELEANOR BISHOP . I am married. The prisoner came to me on the 1st of August; she said she would give me the duplicate of a shirt - I said I did not want it; she said she did not mean to get it out, and I might as well have it -I sent my little boy for it on the 3rd of August; this is the shirt he brought.(Property produced and sworn to.)

GUILTY. Aged 28.

Recommended to Mercy by the Prosecutor .

Confined One Month .

1573. JOHN DOWNES and THOMAS DOWNES were indicted for stealing, on the 30th of July , 1 bedstead, value 10s. , the goods of Stephen Hardy .

SAMUEL BECKETT . I live opposite Stephen Hardy , near the Curtain-road - he is a broker . On Thursday, the 30th of July, I saw the two prisoners and their father together, about eleven o'clock in the morning; John Downes placed himself opposite the shop, and the father went and untied a bedstead from the house, put it on his shoulder, and carried it away; I cannot say where Thomas Downes was at that time - he had gone somewhere in the rear of my house; the prosecutor got his bedstead afterwards.

JANE BECKETT . I am Beckett's daughter. I saw the three persons go past the prosecutor's shop about ten o'clock, and then they returned about eleven; I did not see Thomas Downes at the time it was taken.

JOHN BECKETT . I saw what my father and sister have stated.

JOSEPH BIRCH . On Thursday, the 30th of July, the prosecutor came to me, and said he had lost a bedstead: I went with him to a house which a boy pointed out - I looked through the window, and saw the two prisoners and their father; the father was untying a bedstead - he made his escape, but I took one of the prisoners, and my son the other; I asked John Downes why he committed the act - he said he had had no victuals for three days.

STEPHEN HARDY . This is my bedstead.

JOHN DOWNES - GUILTY. Aged 19.

Recommended to Mercy by the Jury, believing he was influenced by his father .

Whipped and Discharged.

THOMAS DOWNES - NOT GUILTY .

1574. EDWARD HICKEY was indicted for stealing, on the 30th of August , 1 trunk, value 3s.; 1 dress, value 13s.; 1 hat, value 8s.; 1 bonnet, value 5s.; 2 lace caps, value 8s., and 2 lace collars, value 2s. , the goods of Grace Milbourne .

GRACE MILBOURNE . I am single . I left two trunks at Mrs. Morell's, No. 31, Belton-street , as I was going to a situation; I left them on a Sunday, and on the Saturday afterwards I went, and missed one of them; I saw it again at Marlborough-street Office - it was locked as when I left it.

ANN MORELL . The trunks were left in my apartment - I saw them secure on the Saturday afternoon, and missed one of them at night; I had seen the prisoner come several times to a person in the house - I cannot say how he got in on that Saturday, but I had left the room door ajar, and the street door was on the latch.

JAMES DUNN . I met the prisoner at half-past one o'clock on the morning in question, in King-street, Seven-dials, with this trunk on his right shoulder; I asked where he got it - he said from No. 31, Belton-street; I said he should go with me there - he turned round, and walked a few yards, and then gave me the trunk; I followed him - he went to Belton-street; he did not stop there, but walked on - I could not get a watchman to take him till I got to the workhouse and got the private watchman; he went on till he got near the watch-house, and then escaped, but was taken immediately.(Property produced and sworn to.)

Prisoner's Defence. It was given me by a man named Sullivan; he said he would follow me - when I was taken to the watch-house I said, "That is the man I got it from;" he was taken on the Sunday morning.

JAMES DUNN . Sullivan was taken on another charge.

ANN MORELL . I have seen the prisoner come to my house many times, to visit the people on the third floor; I saw the other man brought up for another offence - I had never seen him at my house.

GUILTY . Aged 25.

Transported for Seven Years .

1575. MARY HILL was indicted for stealing, on the 13th of August , 1 gold chain, value 3l., and 1 nailbrush, value 6d. , the goods of Phineas Davis .

PHINEAS DAVIS . I am an officer to the Sheriff of Middlesex - I live at Hanger-hill . The prisoner was my servant , and had been with me for four months - on the 23rd of August I gave her warning, as we had missed several things from time to time; she then went down, and spoke to another servant - I heard a basket had been secreted; it was looked for, and this gold chain was found in it.

Cross-examined by MR. LEE. Q. Had you any other servants? A. Yes, the footman and housemaid; I am not aware that the footman gave the prisoner the chain; I had discovered the footman wearing my shirts, and he is now in Clerkenwell prison for threatening the life of the prisoner, who gave evidence against him for that offence- it was the prisoner who told me of that footman; I solemnly believe the footman did not give her the chain; she did live with a lady named Abrahams, and had a good character; I did not see the basket found.

WILLIAM KEARNEY . I am servant to Mr. Davis. I found the basket in the pantry, with this chain and brush in it - I gave it to Mr. Davis.

MARGARET DREW . I am servant to Mr. Davis. The prisoner showed me a chain, which I believe was this, when I had been there but a week; she said it was her own - she came into the kitchen one Sunday morning, and said her mistress was going to search her box, but she should not see all, as she would fill her basket out of it; I believe it was her own basket - it had stood by her bed side.

Cross-examined. Q. What time did she show you the chain? A. I cannot tell the time of day - it was in her hand; she did not say it had been given to her by the footman - I had seen the basket several times, and had seen it the morning it was found - she told me it belonged to her; I know it was the same basket by a string on it - I believe this to be the same chain as she showed me, but there is no mark on it; she showed me two chains - one was larger.

COURT. Q. She showed you a gold chain? A. Yes; it was about five weeks before this.

ROBERT EELES . I am constable of Ealing. I was sent for - Mr. Davis showed me a basket on a table, and a variety of other articles; this gold chain was among them - Mr. Davis asked me if I did not remember a gold chain being mentioned at the time the young man was brought up - I said Yes; he said, "This was the chain that was mentioned." As I was taking the prisoner to the watch-house, she asked me if it was any more harm to steal gold than any thing else; I did not know what answer to make - I might give some trifling answer, but I cannot recollect what; she asked what I thought she would be done to - I said it was not in my power to tell her that.

Cross-examined. Q. Do not you know that the prosecutor had charged the footman with stealing this chain? A. No - he said that he had found him wearing one of his shirts: and previous to that there had been a gold chain missing - the prisoner was the witness against him.

PHINEAS DAVIS . This is my chain - it was kept in my daughter's dressing-room; it was lost three months ago, some time before I took up the footman; when it was produced I asked the prisoner how she could stand by and hear of its being lost - she said, "I found it at the door."

Cross-examined. Q. Did you not charge her with stealing a knife? A. Yes; I asked my daughter to lend me a knife - she said Mary had one; she brought a knife to me which I had in use for twelve months -I called up the prisoner and from her answers I was satisfied she was the pilferer about the house; I think she had been there about four months, and the footman about six months - this basket was concealed in the scullery - the servants have access to it; I have had frequent opportunities of seeing the chain; it had been a watch-chain, and had three rings on it, but my daughter took them off - I believe it to be mine; my daughter is twenty years old.

Prisoner's Defence. It is my own chain.

GUILTY . Aged 20.

Transported for Seven Years .

1576. JOHN KEMBLE was indicted for stealing, on the 1st of August , 1 cheese, value 14s. , the goods of Thomas Allwright .

The prisoner pleaded GUILTY .

Transported for Seven Years .

1577. GEORGE LARKIN was indicted for stealing, on the 6th of September , 90lbs. weight of solder, value 40s., and 75lbs. weight of lead, value 12s. , the goods of John Harrison and John Hind .

THOMAS CLEMENTS . I am an officer of Marlborough-street. I met the prisoner in Cavendish-square, at half-past six o'clock last Sunday morning, with a load on his shoulder, covered with green baize - I went up to him, and said "What have you here?" he said "Lead, which I got from my masters;" I said, "Who is your master?" he said, "I suppose I must tell you, it is Messrs. Harrison and Hind's, of Duke-street ;" I found this lead on his shoulder, and under the waistband of his trousers I found 17 lbs. more - I took him to the watch-house, and found three keys in his pocket; I asked where he lived; he first said at his mother's, then he said it was at Barrett's-court, and this was the key of his box - I went there, and found his mother lying in bed, and by the side of the bed I found nine bars of solder, weighing 48 1/2 lbs.; Goddard, who was with me, unlocked another box, and found some more solder, making in the whole 92 lbs. of solder and 72 lbs. of lead.

HENRY GODDARD . I am an officer. I was with Clements - what he has stated is correct.

JOHN HIND . I am in partner ship with John Harrison ; we live in Duke-street. On the 6th of September the officer came to me - I have no doubt the solder and lead is ours; the prisoner was our apprentice for four years - I missed a great deal of solder, which is like this, cast in sand - solder is generally cast in moulds.

Prisoner's Defence. I was very faint for want of victuals: a man I worked with asked me if I should be at home the night before; I said Yes; he came and brought this solder, and told me to lock it up in my box - he told me on the Sunday morning to help him carry it, and as I was going along I was stopped; he said if any one stopped me to say it was lead from my master's, and they would let me go.

GUILTY . Aged 19.

Transported for Seven Years .

1578. ANN LLOYD was indicted for stealing, on the 9th of August , 2 sheets, value 4s.; 1 quilt, value 3s., and 1 looking-glass, value 1s. , the goods of Joseph Ball .

ANN BALL . I am the wife of Joseph Ball . The prisoner lived in my house for four or five months previous to the 9th of August; she occupied the back-parlour - I missed the articles stated, which had been let to her with the lodging - she had left the house before I missed them; she gave me no notice.

GEORGE WILLIAMS . I am a pawnbroker. These sheets and quilt were pawned with me; one was pawned by the prisoner - I am not certain of the other.

Prisoner's Defence. She lent me these things to pawn for myself, and sold me the glass for 6d.

ANN BALL . No, I did not.

GUILTY . Aged 26.

1579. ANN LLOYD was again indicted for stealing, on the 9th of August , 1 watch, value 1l., and 8s., the property of John Foster , from his person .

JOHN FOSTER . I am a baker . On the 8th of August I met the prisoner, near twelve o'clock at night, in York-street, Westminster; I cannot say whether she spoke to me or I to her - I went with her to Union-place ; we went up two pair of stairs, I believe; I went to bed, leaving my watch in my fob, and putting my trousers under my head; my money was in my pocket - I awoke at four o'clock; the watch and money were gone, and the prisoner also - I went out, found her, and gave charge of her; I was sober - I had just come from the theatre; she said she had sold the watch for 7s., and I should have it on the Monday night if I would give her 7s.; I had given her 2s. 6d., I believe, for my night's lodging - my watch has not been found since.

JOHN HARRIS . I am a Bow-street patrol. The prosecutor charged the prisoner with robbing him of his watch and 8s. in silver; I took her to the watch-house - Simpson found 19s. and some duplicates on her - she said in the afternoon that she had sold the watch for 7s., and if I went wish her she would get it, but I would not.

The prisoner put in a written defence, stating that on going home to her lodgings she found a man and a woman had broken open her room, and occupied her bed; they ran out and she found the watch on the bed, which she detained, feeling certain it belonged to that man, and not to the prosecutor.

GUILTY (of stealing, but not from the person.) Aged 26.

Transported for Seven Years for each offence .

1580. GEORGE NEWLY was indicted for stealing, on the 25th of August , 2 pewter pots, value 1s. 6d. , the goods of Joseph Owens .

JOSEPH OWENS . I keep the Anchor public-house, Bethnal-green . On the 25th of August the prisoner was playing at skittles in my ground - I had information that he had taken a pot; I went after him just out of the door - I found the pot under his coat - he denied it, and said I had taken it into the house - I brought him back, and this pint pot was taken from under his arm in my presence.

THOMAS COLTS . I keep a chandler's shop. I was at the skittle ground, and saw the prisoner - I took the quart pot from him; he denied having any pot about him - these are the pots - they are both bent up now, but were not so when I saw them in the skittle-ground.

Prisoner's Defence. I saw these pots in this state in a court near the house; I then went and played at skittles, and when I was coming out they came and took me.

GUILTY . Aged 19.

Whipped and Discharged.

OLD COURT.

SECOND DAY. FRIDAY, SEPTEMBER 11.

Third Middlesex Jury - before Mr. Sergeant Arabin.

1581. JOHN ROACH was indicted for feloniously breaking and entering the dwelling-house of Thomas Plant , on the 17th of June , at St. Marylebone, and stealing 5 coats, value 10l.; 2 pairs of breeches, value 2l.; 3 waistcoats, value 1l.; 1 jacket, value 3s.; 5 shirts, value 1l.; 2 shirts, value 6s.; 6 pairs of stockings, value 6s.; 1 shawl, value 1l.; 7 handkerchiefs, value 10s.; 3 pairs of sheets, value 1l.; 2 petticoats, value 5s.; 1 gown, value 5s.; 10 sovereigns, and 15 shillings, the property of Patrick Lee .

ELLEN LEE . I am the wife of Patrick Lee , who is a labouring man - we lodge at No. 26, James-street, Manchester-square , in the front kitchen. On the 17th of June my husband went out at half-past five o'clock in the morning to work; I got up at half-past six and saw all my property secure that morning, I am certain; I have known the prisoner about the neighbourhood for six years, and cannot mistake his person; after nine o'clock, as I was going out, I saw him come down the stairs of my house - he came against me; he had no business there; I did not suspect him, and went out leaving him in the house; I believe him to be the person - he had the clothes on which are now in Court - an old round blue jacket; when I went out I locked the kitchen door and the window was down - I took away the key; I returned at twelve o'clock, put the key into the door, and could not open it - I went up to my landlady, came down, went to the area, and saw the window was up a little - it had been shut when I went out; I opened it quite, got in, and missed all the property stated in the indictment: the clothes were worth about 20l., and there were ten sovereigns - they were in two boxes, which were broken open and rifled - every thing was safe when I went out in the morning; my husband's black stock has been found - it was in the room inside my husband's handkerchief; I had bolted the window down - how they got it up I cannot tell.

MARIA PLANT . I am the wife of Thomas Plant , who rents this house and lives in it - it is in the parish of St. Marylebone. The prosecutrix came and spoke to me; as she could not get in at the door she got in at the window - we found the staple of the door drawn out and the lock forced out; I found a blue jacket, a black waistcoat, and black stock in my cellar; they do not belong to any body in my house; the prisoner was a stranger - I had not seen him that morning.

Cross-examined by MR. BARRY. Q. How many lodgers have you? A. About seven families; we have eight rooms - Lee has the front kitchen.

TIMOTHY LEARY . I am pot-boy at a house in Edward-street. I knew the prisoner before this robbery, and knew his person well; I heard of the robbery - I saw him in Edward-street that morning about half-past eight o'clock, I think; he had a blue jacket on; I had seen him wearing it before; I knew it before, it had a piece let in behind; the jacket produced is the one I am certain - I had seen him wearing it before often; I saw him again about four o'clock that afternoon in a dark brown olive coat, drab trousers, and a black handkerchief - he was much better dressed than in the morning - it was on a Wednesday; I went to the office on Saturday, and went to where he was locked up - he could not see me but hear me; I said, " Jack Roach ;" he said, "Yes, who are you? are you young Leary?" I said No; he said, "Is he outside?" I said Yes; he said,"Does he say he knows my clothes;" I said, "Yes he does;" he then said he was hard up.

Cross-examined. Q. You were in the street about half-past eight o'clock on what morning? A. On the 17th of June, Wednesday; nobody told me it was the 17th; I know the witness Stockman - I had not been with him within four days before the robbery; I have had no quarrel with Stockman, and never told him I would do any thing to the prisoner - only one day after the robbery I said something; I was in trouble myself about eight months ago, it was only once; I have been in Newgate, but in no other prison; I was a little time there; I had been talking to the prosecutor before I went to where the prisoner was locked up -I had not quarrelled with Roach; I said I was not Leary, because he was put there in another name, and all the boys said he would kill me when he came out; he has worn a blue jacket constantly for about six months; I did not hear any body at the office swear the blue jacket had been worn by any body else.

JOHN STOCKMAN . I work with my father as a plasterer. I have seen the prisoner about Oxford-street; I saw him on the Monday before the Wednesday of the robbery - he was dressed in this blue jacket, an old waistcoat, and a pair of blue trousers; I have seen him in that old jacket ever since; I have known him about - I saw him after the robbery with all new clothes on.

Cross-examined. Q. Where were you on the 17th of June? A. At work, but not all day, in Brown-street, Grosvenor-square; I was at work all the week at the same house I live in; I went to work at near four o'clock in the afternoon that day - I was not at work in the morning; I knew Leary by his mother's selling fruit at the next stand to my mother in Oxford-street; I was not acquainted with him - I used to go about walking with him - I am as positive of the waistcoat and trousers as the jacket; the waistcoat was a kind of drab colour; I was taken myself on suspicion of this, and locked up three days and nights; I was taken on the day of the robbery, about four o'clock, as I was going to work; I was carrying a hod of stuff into Oxford-buildings - I was never in trouble, nor ever in prison before; I was never charged with an offence, nor ever flogged.

Q. Not in any public prison? A. I was flogged once over the other side.

DANIEL DUTCH . I am an officer. I produce the clothes which were left in the cellar; I have had them ever since; the black stock was given to me by Mrs. Plant: I apprehended the prisoner on the 22nd of August in Tothill-fields prison.

ELLEN LEE . This is my husband's stock, it was found with the clothes - I believe this to be the same jacket, waistcoat, and trousers as the person I saw wore - I noticed this bit on the jacket.

Cross-examined. Q. You were going out about nine o'clock and met a person on the stairs; I suppose he had been up the stairs leading to other person's rooms? A. No; he came down stairs against me as I came up from my own room; my place was secure then - I secured the door; I had no suspicion, as I thought he was going to the privy, which is down there; I remained in my room till I went out that morning; whether he had been up to any of the lodgers I cannot tell - I know the witnesses by their living in the neighbourhood; I cannot say whether I saw them in the street the day before.

Prisoner's Defence. I am innocent.

GUILTY - DEATH . Aged 16.

Before Mr. Justice Gazelee.

1581. GEORGE SEBO was indicted for feloniously killing and slaying John Neve .

JONATHAN HAIGH . I live in Margaret-street, Cavendish-square. On the 6th of August , about half-past nine o'clock in the evening, I was on the north side of Oxford-street, near Well-street with Mr. Crossley; I heard a shriek from the opposite side of the road - my attention was drawn to it, and I saw a person in the attitude of falling from a blow, either from a horse or the shaft of a vehicle; he fell, and the near side passed over him - two men were in the vehicle; there was a momentary pause before it passed over the body - after it had gone over it, the driver excited his horse to speed, by whipping, and endeavoured to get away; it went with speed - I let go of my friend's arm, ran up Oxford-street about thirty or thirty-five yards, and got hold of the reins; one of the men got out and returned to the place where the accident happened - I saw no more of him; the driver remained in the chaise - an officer came up while I held the horse, and took him; it was the prisoner - he desired me to let go of the reins, and used some threats to me for keeping hold of them; when he was stopped, he desired to get away, saying his name was Sebe, and offered me his card: I consider he was a little elevated in liquor, but quite competent to manage his horse; I did not see the deceased struck, but from the position he was in I suppose he must have had a blow when the shriek was raised - I did not see at what pace the chaise went.

Cross-examined by MR. PHILLIPS. Q. Did you observe whether the corner shop was closed? A. The oyster shop at the corner was not closed; one shop at the corner is usually closed early - in the part of the street the chaise had passed, there is a coach-stand, and a few of the coaches were in advance, also a cabriolet was passing at the time, I am a certain - the horse appeared a fine looking animal; I made an angle and overtook him.

COURT. Q. Did the shriek come from before or behind you? A. From the opposite side, in front of me rather - the horse was coming towards me; I stopped it as it came by me.

GEORGE CROSSLEY . I was walking with Mr. Haigh, and heard a shriek - I looked across the street, and saw a person in the attitude of falling; he appeared to have been struck by the near shoulder of the horse, or the shaft; he fell and the near wheel passed over his body - there was a momentary stoppage, and repeated calls from the people for the chaise to stop; the driver applied the whip, and the horse was forced into a canter - Haigh stopped it; I saw one person get out and go towards the spot where the accident occured, and the prisoner was taken; he appeared a little elevated with liquor, but I considered him fully competent to manage his horse - when he was stopped he used abusive language, swearing at his being stopped - he afterwards gave his card.

Cross-examined. Q. Did he not say any damage he had done, he should be glad to repair as well as he could? A. I believe he did tell the officer so; the shriek appeared to me thirty or forty yards off - I thought it was a female; I heard it plainly - it might frighten some horses; it was a spirited animal.

COURT. Q. Did you look over as soon as you heard the shriek? A. I did, and the man was in the act of falling.

JAMES BRADLEY . I live in White Lion-street, Seven-dials. I was in Oxford-street, standing at the corner of Berwick-street, and observed two men in a chaise cart, driving at a very furious rate; the deceased in crossing the road was knocked down either by the horse or shaft -I saw the near wheel go over his left leg, after he was down; I assisted in carrying him to a chemist's shop, and then to the hospital on a shutter - three other persons assisted; I have not seen them since - when he was put on the shutter, blood came from his mouth; I did not notice the cart afterwards, as my attention was directed to the deceased - two men were in the cart; I cannot swear the prisoner was one; it was going furiously - I should suppose at about twelve miles an hour, but I am not much acquainted with horses - several persons called to them to stop, but they did not, till they were stopped.

Cross-examined. Q. How far from where it happened was the horse stopped? A. About five yards from where the man fell - I merely judge of the rate it went; I am a waiter, and have no knowledge of speed.

COURT. Q. Did you observe how the horse went? A. When I saw him at first he was in a gallop.

MARY WYER . I live in Oxford-street. I heard an alarm, looked out of window, and saw something laying on the ground, but did not know what - I saw the mob go after the cart.

BENJAMIN WILLIAM VALENTINE . I am an officer of Marlborough-street. In consequence of an application made to me I came up Poland-street, and took the prisoner, who was near the end of Poland-street, standing by his horse, with the whip in his hand.

CHARLES WAITE . I am senior house surgeon of the Middlesex-hospital. On Thursday night, the 6th of August, between nine and ten o'clock, the deceased was brought to the hospital; he was breathing with great difficulty, and expectorating blood mixed with mucus - he had a trifling wound on the face, and was only partially sensible at times; I found several of the ribs on the left side of the chest fractured, and it was evident the lungs were wounded - I saw him daily till early on the morning of the 8th, when he died; I opened the body, and in my judgment his death was occasioned by the external injury he had received on the chest - several ribs were fractured on the left side of the thorax, and the lungs severely wounded; there was an escape of air into the integuments of the thorax, and an escape of blood into the lungs; a wheel passing over his chest might have caused the accident.

JOHN LEE . I live in Marsham-street, Somer's-town; I have been a butcher, and I have belonged to a farm - I did not know the deceased. I was going towards Berwick-street on the evening in question, and observed a chaise cart coming along, with two men in it; the deceased was in the act of crossing, when the shaft struck him, and knocked him down; the wheel passed over him - the cart went on about fifteen yards, and was stopped; as soon as the man was run over, I observed that both men in the cart had hold of the reins, endeavouring to stop the horse - I should not suppose it went at the rate of more than eight or nine miles an hour before the accident; it afterwards went at the rate of nine or ten miles, I should think; the horse never stopped till it was stopped; I saw it stopped; one man got out, and went back to the crowd -I heard nobody call out - at the time he was stopped a cab came by, and asked him whose horse he was driving, and who had trusted him with a chaise; that perhaps might have made him more angry than he would have been - I did not know the prisoner before - I was there when he was taken; Valentine came up while he was in the chaise; he asked if he was a Police-officer; he said Yes - he said, "You are the man I want; if you will show me your authority I will get out, and go to the man;" he got out, and saw the man in Well-street, and told him he would make him any recompence in his power - the cart was taken to Blenheim-mews, behind Marlborough-street - the prisoner gave his address "Sago, Crawford-street;" Mr. Steel took the horse and cart home - it was coming towards St. Giles', from Regent-street; there was a brilliant light at the oyster shop at the corner of Berwick-street.

Cross-examined. Q. Do I understand you to say you have belonged to a farm? A. Yes; I have been used to horses for twelve or fourteen years - this appeared a spirited young horse; the persons in the gig did all they could to stop it - I had observed it before it got to the corner of Berwick-street, before the accident; it was then in a trot - I had a very good view of him; I was in the dark and the horse in the light - I should not think it was above seven or eight yards from me when it happened - the deceased was not in the regular crossing.

JANE EVANS . My husband is a stable-keeper, and lives in King-street, Bloomsbury. I have known the deceased many years; his name was John Neve; he was about sixty-seven years old, and lived at No. 46, Berwick-street - I had seen him about half-past seven o'clock on the evening of the accident; he was in very good health, and very sober - I saw his corpse at home after the inquest - I went to the hospital while the inquest was sitting, but did not see him there.

MR. WAITE. I saw the body after the inquest; the undertaker took it away - the deceased described what had happened while he was in the hospital, but it was necessary he should speak as little as possible, and he was not questioned much.

JONATHAN HAIGH . The cart was the width of Oxford-street from me; I was at the corner of Well-street - the accident happened at the corner of Berwick-street, which is nearly opposite; there was an excellent light from the oyster-shop, and also a gas lamp.

JAMES BRADLEY . I was at the inquest, but do not know what became of the body - on the night of the acci dent he was dressed in drab trousers, a light striped waistcoat, an olive or blue coat, and black hat; he was about five feet six inches, rather stout, and an old man.

MRS. EVANS. I saw him at my house about half-past seven o'clock that night; he was dressed in a blue coat, striped waistcoat, and drab trousers - he was rather taller than the middling size, and had been stout, but was rather fallen away.

BENJAMIN WILLIAM VALENTINE . The prisoner went with me to Well-street, where the man was, and offered to do any thing he could; he wished to go to the hospital.

The prisoner's Counsel called -

WILLIAM JACOBS . I am a dyer, and live in Harris-place, Oxford-street. I was facing the cart when it came up to the old gentleman; I saw it not a moment before the accident - it was in my opinion going at the rate of eight or nine miles an hour, at a middling trot; I am accustomed to horses.

COURT. Q. Were there many people about? A. I think very few.

FRANCIS CLARK . I am a butcher, and live in Queen-street, Edgware-road. I was at the corner of Berwick-street, and saw the gig, with two men in it, immediately before the accident happened; they passed me, going at the rate of eight or nine miles an hour, not more - the horse appeared in a trot; I saw the cart strike against something, but I was behind it; it made a momentary stop, caused by the jerk, and I saw the driver holding the reins in.

NOT GUILTY .

Before Mr. Baron Vaughan.

1582. WILLIAM DAVIS . PATRICK FLYNN and MICHAEL DRISCOLL were indicted for feloniously killing and slaying Frederick Winkworth .

MR. BODKIN conducted the prosecution.

THOMAS WINKWORTH . I live at No. 11, Osnaburgh-street, Regent's-park. I had a brother named Frederick. - On Sunday the 26th of July. I was outside the King's Arms, Tottenham-court-road, with him; a sawyer was with him, whose name I do not know - I was never in his company before; neither of the prisoners were there that morning - I met my brother at the same place on the following morning; he was having his shoes cleaned outside the door - it was about nine o'clock; I went from there to the Bromley Arms, kept by Eales, in Cleaveland-street, Fitzroy-square - my brother came there after me in a coach; I do not know who was with him: several were in the coach - Flynn and Driscoll, his two seconds, were at the house; whether they came in the coach I do not know - I did not hear in the prisoners' presence what the fight was to be for; I heard there was to be a fight, and the winner was to have a certain sum - that was said at Eales' previous to the coach arriving; Flynn and Driscoll might have come in the coach or after it - I was there some time before it arrived: I saw them there before it left - it waited there to take up somebody else; I do not know the names of the persons who went in the coach - I went for one, but got out in Hampstead-road, near the Mother Red Caps, and walked; my brother was one - I think there were five or six in all in the coach; neither of the prisoners were there that I know of, but as far as Hampstead-road there were five - I got out in Hampstead-road Paddy Flynn got in my place, and Chicken (Driscoll) was outside; I believe there were several outside - I believe Driscoll had been outside all the way; I had seen Driscoll and Flynn before - I think I have seen Flynn at the Tennis-court - Eales, who keeps the public-house, has been a pugilist, but has retired from the ring some years: Driscoll is called the St. Giles' chicken, and Flynn, Paddy Flynn ; I believe they have fought in the ring - I have read an account of them in the paper; I went to the Red Lion, at Hampstead , and met the persons I had left in the coach - the party assembled there: we went to a field at the back of the house called Tebbet's-field ; a ring was formed, and they commenced sparring-Davis and my deceased brother were the combatants; Flynn and Driscoll were his seconds - James Raines and Edward Murphy were Davis' seconds; several others, called "beaters out," were in the ring, and several with watches in their hands - I do not know that any particular time-keeper was appointed; I did not hear "Time!" called during the fight - I was in the ring part of the time; they first went into the ring about two o'clock, and began to spar - the constable interrupted them, and they went to another field not far off: I should think a good mile - my brother rode to the second field; he was in very good health, and said he never felt better in his life - a ring was formed before he left the coach; the two fighters, and the same four seconds entered the field - I believe, in getting over the fence of the field. my brother sprained his ankle, but it got better and he did not go lame into the ring; he was a much slighter man, and not so heavy as Davis - the fight began; my brother was gaining the battle fast at the outset, but in one part of the fight he slipped and fell without a blow being struck: several parties called out "Foul!" and went into the ring to see how he had slipped; it was found a hole had caused it, and it was declared fair - they went on fighting; I went into the ring at that time to take some brandy in, and to prevent the fight if I could, but I was beat out - my brother was generally undermost at the close; they fell together, Davis generally uppermost - when my brother fell Flynn and Driscoll picked him up, and attended to him as seconds generally do; I should consider the fight continued half an hour, but my anxiety was very great - I was chiefly attending to my brother; I was inside the ring at several parts of the fight - I was frequently at too great a distance to hear what my brother might say.

COURT. Q. You could tell what state he was in, whether he was able to go on? A. After he fell he gave two tremendous blows to Davis, and the battle was certainly very much in his favour - he was gaining ground till he gave in himself; the last round he fought, his seconds took him on their knees; he was brought up to the mark to fight again - he shook hands with Davis, and put an end to it himself.

MR. BODKIN. Q. Do you mean to say that at that time he exhibited no symptoms of weakness and exhaustion? A. He was weak the same as the other man - he stood to the scratch himself, and put out his hand; he did not speak a word from that moment till he died, for I never left him - he was quite insensible when carried off the ground, and remained so till his death, which was about five o'clock the evening following; neither of his seconds assisted in carrying him off the field.

COURT. Q. Had he been training for the fight? A. In the morning at breakfast he had 1 lb. of beef steaks, and told me he had done so for a fortnight each morning.

Cross-examined. Q. Was he considered the favourite? A. He certainly was; he gained the battle fast at first, and was a much better man than Davis - he was afraid to come near him: my brother was generally the first to strike the blows - many people went into the ring when"Foul!" was called, and were beat out; it was after he fell that the fight was so much in his favour.

Q. When he came up to the scratch at the last round who bad the best of it then? A. It was evident my brother had the worst then, on account of the fall - it was proved the fall caused a concussion of the brain, and not any blows.

JOHN PHILLIPS . I am a broker, and live on Red Lionhill. I was going home, and went to see this fight at Child's-hill, Hendon; it joins Hampstead parish - I got there about a quarter-past two o'clock, and was there when the ring was formed, and the whole of the time; I consider the fight lasted about an hour and a quarter, sixty or seventy rounds were fought - Davis decidedly had the advantage at the latter part of it, but at first I considered the deceased to be a much better boxer; Davis was the strongest - the other two prisoners acted as seconds - they fought about half an hour, and then Davis appeared getting the advantage; the deceased often came up after that, merely to be knocked down - that was generally the case; he appeared weak, and incapable of resistance, merely striking a blow and going down with it; he seemed to fall with the blow often, without being struck by his antagonist - it was considered that it was done to gain wind: I never heard him say any thing; I saw him come up the last time - he was brought up by his seconds to the scratch, and they retired; he stood up, and put himself. in a fighting attitude, then dropped his arms, and put out his hand - Davis shook hands with him, and Winkworth was carried away; a very stout man took him up in his arms to the outside of the ring; he had not fallen down.

Q. Was he able to walk out of the ring? A. The ring closed in directly they shook hands, and I could not see them; I saw him being carried out of the field; he appeared in a very languid state, and insensible - his head lolling over the arms of the man who carried him away; they took him towards a coach, but I did not follow; I have been at prize-fights before - I heard no observation about taking him away; in my judgment he fought a quarter of an hour or twenty minutes longer than he ought to have been allowed - I heard Driscoll during the fight, urging him on, saying, "Give him one for me;" the seconds on both sides excited their men, undoubtedly.

Cross-examined. Q. Are you not a constable? A. No, I have been one; I did not act as one on this occasion - I know nothing about Driscoll surrendering himself; I heard, "Foul!" cried on one occasion, when the deceased fell without a blow - I was present when a constable of Hampstead interfered; he said they must not fight in that parish, but go elsewhere - I heard somebody say, "Go to Child's-hill, and fight it out there;" I cannot say whether that was said by the constable or not.

TIMOTHY COLLINS . I am a green-grocer, and live at Hampstead. I was at the fight at Child's-hill: Davis appeared the strongest man - I was in the ring, close to the deceased: he was distressed from the beginning of the fight, and as long as I stopped, which was not till the end - I thought at first he was the best man, but the weakest; he was in distress, but the best at sparring - he fell every time; sometimes they fell together, and sometimes he fell alone - I thought it was from weakness in his knee; he was always undermost while I stopped: I heard him say,"So help me G-d, I am not able to fight any longer;" that was when they had fought about a quarter of an hour or more - he said that to Flynn and Driscoll, his seconds; they took him up again directly, as usual, and one of them(I think Driscoll) patted him on the back; I stopped about a quarter of an hour after that, and left the fight going on- the deceased seemed very weak all the time; he was lead up to the scratch, and sometimes fell without being struck; he did not appear in a fit state to continue the fight.

Cross-examined. Q. How long do you think he fought after he said he was not able? A. I think it must have been three quarters of an hour after, from what I heard, but I left in a quarter of an hour; I went out of the ring and laid down - I saw no more, but in three quarters of an hour after I left, he was brought out of the ring; I heard him groan - I was in the field all the time; I heard"Foul!" cried once; there were not a great many people there.

JOSEPH HUNT . I sell fruit, and live at Hampstead. I saw the latter part of the fight; it had began when I got up - I saw the deceased brought up to a place; he seemed very insensible, and not able to fight - the seconds brought him up to the scratch, and when they brought him up he seemed to lay his head on his second's shoulder - they had hold of him by the arm, and he leaned his head back on one of their shoulders, when he got to the scratch, before they left him; it was then said the battle was lost - the people rushed in; he was put into a coach, and taken away.

Cross-examined. Q. Were you outside the ring? A. Yes; I did not see him put himself in a fighting attitude; he might have done so.

MR. WILLIAM HENRY STEPHENSON . I am a surgeon, and live at Hampstead. On the 27th of July, about half-past four o'clock, I saw the deceased at the Red Lion, in a perfect state of insensibility; I found bruises on his face, and blows about the eye - he had the usual symptoms of compression of the brain; I resorted to the usual remedies, but without effect - I had scarcely any hope of him: he died about five o'clock the next day - his head was opened in my presence, by Mr. Kearney, who is out of town: on the whole surface of the right hemisphere of the brain, there was from four to six ounces of blood effused, extravasated blood, on the surface of the brain, arising from a rupture of a vessel; that was quite sufficient to cause his death - a person falling repeatedly in pugilistic contest would be likely to occasion that.

Cross-examined. Q. Might the appearances have been occasioned by a fall, as well as a blow? A. They might.

COURT. Q. Might not the very excitement or action of fighting, when the powers of the brain are put to their greatest extent, occasion a rupture? A. It is possible; I attribute the death to the whole fight, in combination; the brain being in that state, one particular fall would then cause it - the greater the excitement the greater the predisposition.

MR. CHARLES LAW . I am a surgeon, of Hampstead. I saw the deceased two hours after Mr. Stephenson, and was present at the opening of the head - I perfectly concur in his opinion; the blows and falls he received were quite sufficient to produce the extravasation of blood, which caused his death.

Cross-examined. Q. Might not a severe fall be sufficient to account for it? A. One alone might, but the circumstances altogether are more probable; one single fall might create the rupture, but which fall, I, of course, cannot say.

Davis' Defence. The deceased was a man who, for the last two years, was continually brow-beating me; he has struck me, and challenged me to fight - I have refused to fight a man with a family; I am a writer and engraver by trade, and have a family - I never would fight him till one night; he met me drunk a fortnight previous to the fight: he said, "Well, Bill, I should like to fight you above every body, because they call you the slashing painter - why won't you fight me; I can get money to fight;" I said," I shall not fight - you can get a living where I cannot:" I knew he had fought many battles before - he would, when intoxicated, up with his fist, and strike a man in a moment - he would go into public-houses, drink people's beer, and if they spoke, spit in their faces; when I told him of my wife and family, he said, "Wife and family be b-d; she is a bl-y wh-e;" I said, "Well, Bill, if it has come to that, I will fight you to-morrow, which was agreed to; he came to me in about an hour, and said, "I won't fight you to-morrow - I will fight you for money;" I said, "Where am I to get money?" he said"You can get money at Eales';" he appointed to fight me on Monday fortnight, and we fought.

Prisoner Flynn. I wish to ask Collins if I could hear the man say he would not fight any more.

TIMOTHY COLLINS . Yes; he was quite near enough to hear it; he did not say so only once, but several times.

EDWARD LOWE . I am a carver in wood, and live in Tottenham-court-road. I have known Davis two years and a half; he bore a quiet good character, and was a hard-working man; I was present when the deceased struck him - that was eleven months ago; he has frequently challenged him since: I have heard him call him abusive names - he has said, "I should like to fight you, because I could warm the wax in your ear-holes so nicely."

FRANCIS MAY . I am a shoemaker, and keep a house next door to Davis - I have known him nine months; I advised him not to fight the man, but he said he had been so grossly insulted he could not brook it any longer.

DAVIS - GUILTY . Aged 24.

Confined Twelve Months .

FLYNN - GUILTY . Aged 25.

DRISCOLL - GUILTY . Aged 22.

Transported for Life .

Before Mr. Justice Gazelee.

1584. MICHAEL KENNEDY was indicted for the wilful murder of Ann Harris, alias Kennedy .

MR. CLARKSON conducted the prosecution.

CHARLES WEEKS . I am a watchman of Pimlico. On Friday morning, the 7th of August, a little before three o'clock, I was on duty in Ebury-street, and heard a cry of Murder! I could not tell whether it was a male or female voice - I went into King-street , and when I got to No. 3, where the prisoner lodges, I saw the deceased laying on the ground in the street, with nothing but her shift and stockings on; nobody was near her - I sprung my rattle, and the prisoner opened the second floor window, looked out, and asked what was the matter; he said,"Is that my Nance laying on the ground?" he came down stairs, and opened the door; I believe he had nothing on but his shirt - he took her under his arm, and dragged her into the house; she was then laying with her head towards the window, and her feet towards the gateway, at full length, partly on her face and her side - she groaned very much, but did not speak a word; I did not speak to her - he took her up, and dragged her into the house; I believe he got assistance to get her in - I went for medical assistance; Mr. Bond came before I went away - I do not think the prisoner said any thing to me; I saw no more, but kept walking up and down the street.

Cross-examined by MR. PHILLIPS. Q. Have you known the prisoner long? A. No - he is a foreigner; I have seen him in the street - he appeared to have just got out of bed; I went into the house, and saw the woman sitting on a chair when Mr. Bond came - I was not near enough to smell her breath.

MR. CLARKSON. Q. When on the chair did she appear sensible? A. No, she kept groaning as she did before.

COURT. Q. He said, "Is that my Nance?" did he say any thing else? A. No.

JOHN SOUTHERWOOD . I am a beadle of St. George's, Hanover-square, Grosvenor-place district - King-street is in that district. On the 6th of August I was on duty in Queen-street, and was called, from the opposite side a few minutes to eleven o'clock, and found Mrs. Bryant, her son, and another woman standing there - I was informed that mischief was likely to happen at No. 3, King-street; I gave them a reply, and went into Queen-street again; a little after four o'clock in the morning, when I got to the watch-house in Robert's-buildings, two or three hundred yards from King-street, Weeks came to me, and I went with him to No. 3, King-street; we found the prisoner there, and about a dozen women - a woman laid on a bed on the ground floor very bad; the prisoner was sitting by the side of the bed, and said his wife would soon be better -Mrs. Myers was there, and kept rubbing her breast; she said, "Oh, my heart! oh, my belly! give me some water!" and, "Turn me, turn me!" she appeared in great pain -I could see her flesh rise up, she was swelling so fast; Myers then put her arm round her shoulder, and sat her up in bed; the prisoner did not leave till she died - he was by the side of the bed; Myers said to her, "Ann, how did this happen?" she answered, "It was father did it - he first ill-used me, and then threw me out of win dow" - she asked her a second time, and then she said, looking at the prisoner as well as she could, and pointing to him, "It was you that did it - you first beat me, and then threw me out of window; you did it, so help me God!" the prisoner told her not to tell lies, for if she did she would not go to Heaven, she would go where they make horse-shoes - that is all that passed in my hearing; Myers said something to her about dying, which I do not recollect - she died about six o'clock, about an hour after this conversation; the prisoner said she had attempted to drown herself previous - that she had been drinking with other people the day before, and when he came home he had nothing but potatoes for dinner; this was after her death, when I went up stairs with him to get his things to take him to the watch-house, about half-past six o'clock - Mr. Martin had bled the deceased in my presence.

Cross-examined. Q. Do you know whether the prisoner is a foreigner? A. He appeared so - his manner of expression was curious; I think the woman was too much in pain to be intoxicated - there were eight or twelve people in the room; I was about a yard and a half from the bed side - I cannot say whether she smelt of liquor, or not; there was a smell in the room as if there had been liquor there, but so many people were there I could not say who it was from - the prisoner was sitting on the bed side when I went in, and I should think sat there for an hour or more; he rose, and said he wanted to go backwards once - I told him to stop; he went backwards: he had neither coat nor waistcoat on - he had breeches or drawers on; I saw a man in the house, who appeared a foreigner - I sent him for a coach; I did not hear him called Francis - there were a good many people in the room; I saw no men but the prisoner and the foreigner.

MR. CLARKSON. Q. When the prisoner went backwards, did you go with him? A. I went to the door, so that I could see him; the room that smelt was on the ground floor - he said she would soon get better, and he would make her answer for it; he slapped the side of her face, and kissed her repeatedly.

JANE MYERS . I am the wife of Daniel Myers - we lived on the first floor front room, under the prisoner and deceased. On Friday morning, the 7th of August, about three o'clock, I heard the rattle - I awoke, lifted up the window, and the deceased was laying on the ground under our window, which is straight underneath the prisoner's; I had heard no previous noise - she groaned very much; I saw Weeks, and shortly after that I heard the prisoner come down stairs - I had not heard his window open; I had remained in my room all the time till he went down - I then went down, and saw the deceased brought in and placed on a chair; she spoke in a few minutes - the first thing she called out was,

"Oh, my God! Kennedy, you have murdered me;" he was present - I cannot say whether Weeks was there; a great many women were in the room - I assisted her as well as I could; the prisoner was down by the bed side - she was on a chair; he and I helped her on the bed - she had nothing on but her shift and a pair of stockings; no cap or handkerchief: she was about thirty-five years old - I stood by her till she died; I turned her often, because she called to me, "Jane, dear, turn me - oh, my back! oh, my heart!" that was her cry in the prisoner's presence, she was in such pain and agony - I do not think she would have said any thing, but I said, "Ann, my dear, like a good soul, will you be so good as to tell me how this happened, that you are in this state;" the prisoner sat by her at the time - she said,"Father done it;" she always called the prisoner father - I said, "Like a good soul, with the dying words in your mouth, be cautions what you are saying;" she said, Kennedy did it, so help her God, putting her hands together; I replied, "Ann, my dear, this is death and life, be very cautions what you say" - she replied quite sharp, "How often will I tell you, Kennedy done it;" she was an Irishwoman - he replied, "You blackguard, don't tell lies - if you do you will never go to Heaven, but your soul will go where they make horse-shoes;" nothing was said about her wounds, or her coming out of window - she said he beat her and ill-used her, and was so savage he threw her out of window; I am sure these are the words she used before he replied, "You blackguard, don't tell lies" - the prisoner at this time seemed very much in trouble about her; he sat patting her on the cheek and kissing her, very much in trouble, and cried very much - he seemed quite sober; Mr. Martin came between five and six o'clock, and heard what she said to me - she appeared in a dying state at the time she made these answers; she took death to her, and prayed to God to take her in mercy - she had not any appearance of being in liquor.

Cross-examined. Q. Do you know whether she had been drinking the day before? A. I was out at work all day, and cannot tell; my husband works in the same factory as the prisoner - we sleep under the room they lived in; I had been in their room about seven o'clock in the evening - I think it was about half-past eleven when they went to bed; my husband went to bed before them, but it was twelve o'clock when I went - I cannot say whether she slept in her stockings; there are three rooms in the house; the prisoner cried very much, and seemed greatly distressed - Weeks came into the room when the deceased was brought in; he had to go to call the hour - she was put on the landlord's bed; my husband came down about five o'clock.

COURT. Q. Mr. Martin was there when all this conversation took place; do you recollect at what time he came in? A. I should think about five o'clock, I cannot positively say - I was there when Mr. Bond came, between three and four; the deceased did not speak much then - her name was Ann Harris ; I think she thought herself dying, because she prayed to God to take her in mercy - I do not know whether Mr. Martin said any thing to her about dying.

JOHN JONES . I am watch-house keeper of Grosvenor-place district. On Friday morning, the 7th of August, about six o'clock, the prisoner was brought in by Southerwood; I asked what the offence was - he said in his presence, that he charged him with throwing his wife out of window; he was near enough to hear it - I knew him, and said "Kennedy how in the world did you come to do such a rash act;" he said"Oh, I was in a passion, Mr. Jones" - he was crying, laughing, and singing all the while he was in the prison, and he said he did not care about hanging himself, only his poor Nancy; but he did seem to know what he was about - I cannot tell all he said, he talked in such a manner.

JURY. Q. He appeared out of his mind, almost? A. He did so - I knew the parties very well, because I had been troubled with them so often by their drunkenness; I have had a great deal of trouble with the wife in particular - she was a most desperate drunken character, and the hushand is not much better.

HENRY BOND . I am a surgeon, and live in Queen-street, Pimlico. I was sent for about half-past three o'clock in the morning; I saw the prisoner and deceased - she was in the parlour, on a chair, and was quite insensible; there was no external injury to be observed - I heard what had happened before I arrived, and she presented the appearance a person would under such circumstances; I spoke to her, but got no reply - she did not groan loud, but appeared suffering great pain, and to be seriously hurt internally; her eyes indicated internal injury - her pulse was very slow and weak; she was at that time not in a fit state to be bled - I did not bleed her, but ordered her to bed, and sent her medicine; I called again between eight and nine o'clock, and found she had expired about six - I then examined her body more particularly, it was very much swollen; there were some marks of bruises about her breast, and a slight bruise on one foot - if the lungs had been ruptured, and the air escaped through that rupture, it would account for the swelling; falling or being thrown from a second floor window was very likely to produce a rupture of the lungs - I believe the body was not opened at all - I have no doubt the violence received was the cause of her death; the prisoner appeared anxious about her state, and kissed her several times.

Cross-examined. Q. And appeared in great distress of mind? A. He appeared anxious - I did not observe him cry; the cause of death was so evident, I did not think it necessary to open the body.

Q. In cases of habitual drunkenness, and great excitement arising from that, have you not known blood-vessels to burst? A. I have not known such a case - it may have happened; but that would not rupture the lungs, and I am certain they were ruptured; it was evident, because the whole body was distended with air from the lungs; that could not be in the manner this was, without the lungs being ruptured - she had nothing but her shift and stockings on - I had a full opportunity of examining her body, there was no external mark at that time; if she had been beat, there would have been marks.

MR. CLARKSON. Q. Were the indications she presented such as a person would being treated as described? A. They were, except that she was not fractured.

COURT. Q. Would not the bursting of a blood vessel occasion those appearances? A. No; I have no doubt her being thrown out of window occasioned her death - if she had been thrown out with violence I should have expected to have found bones broken.

Q. If she had fallen without violence, should you have expected it? A. It is impossible to say - I have known a man fall ninety feet without breaking any bones; a man fell from the clock of St. Martin's church.

JURY. Q. If you had bled her when you first went, would it have tended to hasten her death? A. It would; she would never have recovered her senses if she had been bled at that moment, for her pulse was scarcely perceptible - she was very cold, and the pupil of the eye dilated; I considered it a fatal case from the first moment.

MR. PHILLIPS. Q. Could a rupture of the lungs have taken place without perforation by a fractured rib? A. It is very possible to have happened without it; the concussion might do it.

JOHN MARTIN . I am a surgeon, and live in Eden-square, Pimlico. On the 7th of August, about six o'clock in the morning, I was desired to attend, and saw the prisoner and deceased; her face, neck, chest, and abdomen were very much swollen - she appeared sensible, and had a natural pulse; she presented appearances which might be expected in a person being thrown, or having fallen from some height; I attribute the swollen appearance of her body to a rupture of the lungs - I did not conceive medical aid could save her life; I bled her in half an hour, as re-action had taken place - I did it to prevent inflammation; the pulse had quickened from seventy to ninety - I was sure inflammation would follow such an occurrence.

COURT. Q. Might not a pulse be quick from irritation and debility as well as inflammation? A. Yes, it might be quick from irritability - when I first saw her there was not great nervousness and debility.

MR. CLARKSON. Q. You made no internal examination? A. No; I attribute her death to a rupture of a blood vessel in the abdominal cavity as well as the lungs -I think it very likely to have been the mesenteric artery.

Cross-examined. Q. What did you mean before by saying you attributed her death to the rupture of the lungs? A. I attribute the swollen state of the body to the rupture of the lungs; the air escaping from the lungs would occasion the swelling of the body - I attribute her death to the rupture of the artery in the abdominal cavity.

COURT. Q. If the artery you speak of was ruptured, would bleeding tend to remedy it? A. It would not.

MR. PHILLIPS. Q. How much blood did you take? A. About eight ounces; my object was to prevent inflammation - I had no notion of a rupture of the abdominal artery then; the blood I took from her could in no ways contribute to the immediate cause of her death - if I had known a blood vessel was ruptured I do not think I should have taken the eight ounces of blood; if the case occurred again I should not bleed - I do not think it in any way hastened her death; if the case occurred again, and I had been aware of the circumstances, I should not have done it - I should be guided by the state of the pulse and the state of the woman; I do not think bleeding would do good when an artery is ruptured; I examined her body - no bone was fractured; her eye was closed with the swelling - I tried to open it, but could not; she had a fair natural pulse; I had not seen Mr. Bond.

COURT. Q. When you first saw her was she sensible? A. She appeared so - I considered her case fatal from the first; I have no reason to know whether she thought so - I did not hear the conversation between her and Mrs. Myers - I was there rather more than an hour; I left the room twice, for about five minutes; I had no conversation with her as to what had happened; she complained of a violent pain at the chest and belly - I did not tell her she could not recover, nor give her hopes of recovery - I did not hear her say any thing to the prisoner; he now and then asked how she felt, and appeared very anxious.

MR. BOND. I considered it a hopeless case from the first; her pulse was by no means natural when I saw it.

JANE MYERS . I was not there when Mr. Bond came; Mr. Martin came about five o'clock; I had been down stairs about an hour and a half then; the conversation which I had with her was after Mr. Martin came; it was a little before she was bled, and I thought Mr. Martin was within hearing; Southerwood was there; I did not notice when Mr. Martin went out of the room - there was a great many people there.

CHRISTIANA BISHOP . I am the wife of Thomas Bishop, a watchman, and live at No. 7, King-street, opposite the prisoner. On the morning of the 7th of August, I was awoke by a cry of Murder! from a female voice, and after that I heard something fall like a parcel of flower pots; I then heard a rattle spring; I looked out of window directly- my bed-room window faces the prisoner's; I saw nothing of him; I saw the watchman come to the body, and say,"What is this! here is a naked woman" - Kennedy was then at his own window; I saw him at the window, but did not see him come to it, nor hear it open; he said,"What is the matter, is that you Nance? she is my wife;" and then he said, "Good God! how came she there, I was fast asleep in bed - I undressed her last night and put her to bed, and we went to bed together" - I then saw him strike a light; he came down stairs; I went into the room afterwards; the cill of the window comes up to about my breast; the deceased was rather taller than me, and rather stout.

Prisoner's Defence. I came home to dinner: my wife was drunk; I had to run back to my work for fear of quarrelling with her; this was the Wednesday night before; Mrs. Myers came up and offered to lend me a shilling; I and my wife were in bed: I said "I don't want it," but my wife might put the shilling on the table, and she did; in the night we began to quarrel about the shilling: I said,"I must go to work in the morning, you go and give her the shilling back again in the morning." Well, next day she and Myers were drunk together, and in the evening, when I came home, my wife was drunk again; the tea-things were on the table; I was afraid she would throw them down, and I undressed her and put her to bed: I went out with Myers, and had two pints of beer at different places, and I thought I would take my wife a pint home, supposing she was sober. Well, she came and met me round the corner, and called me a blackguard; I said"Come home, here is a pint of beer;" she came home and sent for half a gallon of beer; I went out afterwards for another pot; I got her to bed between eleven and twelve o'clock, and about four, I always used to call her - I said"Ann, did you hear the watchman call out, for I must be up at five." Well, I felt in the bed and she was gone; I said, "Now she will get to her foolish tricks again, and hide herself;" she had gone to the water-side four times to drown herself; she had been married before to a Dutchman, who ran away from her, because she was always drunk. I could do no work when I came to this house, this woman of mine was always drunk with Mrs. Myers, for she would make her sell the last shift she had on, and has stolen my wife's money from her pocket when she was drunk; I could not keep the woman sober, but that was all the fault of that woman; she sold all my furniture for 7s. 6d. which was worth 3l. 10s., and that woman robbed her of the money; she was always beastly drunk in the street.

JOHN GORDON SMITH . I am a physician, and have been so nearly nineteen years - I have heard the evidence of both the medical gentlemen, and gave it all the attention in my power. I should say decidedly that the cause of the woman's death could not be ascertained without a post mortem examination.

MR. CLARKSON. Q. Have you come here at the prisoner's desire? A. I came here accidentally, and sent the prisoner's counsel a note, disagreeing with the whole of their opinion.

COURT. Q. You have heard the situation in which the woman was found, having either fallen or been thrown out of window, and no account of any illness before, and have heard what the appearances were at this time? A. I have.

Q. Do you mean to state that you have any doubt whether being thrown out of window was the cause of her death? A. Such a cause would certainly produce death very rapidly; but as the body was not opened, and whatever violence was done seems to have been internal, and the body not opened, no man can draw any positive inference as to what was the injury; I should suspect her death arose from the fall, but not be able positively to ascribe it to that.

FRANCIS GUTSCHMID . I am landlord of the house the prisoner lodged in. I saw Harris the day before her death, about ten o'clock in the morning; she came into my room in liquor - I saw her all day going backwards and forwards in liquor: I saw the prisoner come home to dinner - he came down directly with two cold potatoes in his hand; I saw Harris after, and heard her, at half-past ten, talking to my wife.

MARY GUTSCHMID . I am the last witness' wife. I saw Harris about half-past ten o'clock on the night this happened; she was not sober - I wanted her to go up stairs; she said she would not - she wanted to go out; I would not let her, and bolted the door - she said it was nothing to me whether she went out or not; I said, if she went she should stay out, for I should fasten the door at half-past ten - she called me an old faggot; she did not say what she wanted to go out for.

DANIEL MYERS . I saw the deceased at nine o'clock on the morning before her death, intoxicated, and saw her at six in the evening in the same state; the prisoner was not at home then - I gave her a glass of spirits that night, for she had teased me all day for it; this was about half-past three in the afternoon - I afterwards went out with the prisoner; we had half-a-gallon of beer together, between six and seven; he brought a pot home into my room for Harris - she took part of it; they staid there drinking till about half-past nine, and went to bed at a quarter to twelve - their bed-room is immediately over mine; I heard them going to bed - I could hear footsteps; I heard no quarrelling in the night.

MR. CLARKSON. Q. At what hour did you go to sleep? A. I suppose about a quarter past twelve. I was awoke in the morning by my wife and daughter shouting out that Ann was thrown out of window; I did not hear the rattle spring, nor any cry of murder.

Q. You gave a drunken woman spirits? A. She teased me so long for it, I gave her two-pence to buy it; I got up immediately after the alarm, and was in the par lour where the woman lay for about ten minutes - I went away at half-past five to go to work - I had got up about half-past three; I was in my own room all the time, except for about ten minutes - my wife was in the room with the deceased; she was sober - I did not hear her say any thing to the deceased, or the deceased say any thing to her; I was not in the room then - she was groaning when I was there - I saw Mr. Martin; I suppose a dozen people were in the room.

COURT. Q. What did your wife and daughter say? A."Murder, murder! Ann is thrown out of window!" They were in my room then; they awoke me telling me so - they were clapping their hands and shouting out; my wife had opened the window, it seems, to look out - she was naked.

NOT GUILTY .

Second London Jury - before Mr. Recorder.

1585. ROBERT INSKIP was indicted for stealing, on the 31st of August , 1 handkerchief, value 1s., the goods of John Gorton , from his person .

JOHN GORTON . I am a tea-dealer , and carry on business in Aldermary Church-yard. On the 31st of August, about a quarter to seven o'clock, I was returning home to High-gate, and near the end of Bartlett's-buildings, Holborn , I received information that my pocket was picked - I felt, and missed my handkerchief, and saw the prisoner in custody of a witness who produced it; it has my initials on it; the prisoner did not claim it.

Cross-examined by MR. BARRY. Q. You were not aware of its going? A. No; I firmly believe I wore it that day - I cannot say when I felt it safe; I saw French, but did not see him lay hold of another person, to the best of my recollection.

WILLIAM FRENCH . I am a shoemaker, and work for Mr. Walker. I was on Holborn-hill, and saw the prisoner and another young man behind the prosecutor; I saw the prisoner make an attempt at Mr. Gorton's pocket - he did not succeed; a third young man met with them just by the church and joined them; I followed them nearly opposite Hatton-garden, and there saw the prisoner take hold of the pocket with one hand, he took the handkerchief out with his left hand; I collared him - he threw back his left hand and dropped the handkerchief on the ground; my wife, who was with me, picked it up and gave it to Mr. Gorton; the one who joined them tried to push me away from the prisoner, but I kept him, shoved him off, and said if he did not go about his business I would take him - he went away; I did not see the other afterwards; the prisoner said he did not do it; I am positive I saw him take it.

Cross-examined. Q. Do you work at your trade constantly? A. I have not full employ; I was out on business - I have been a witness once before; I was not on the opposite side to the prisoner, but behind him, more at his side - my wife was with me in the other case; I do not go out to look for thieves, it was accidental - I only saw one touch the pocket; I shoved Sullivan off, but did not lay hold of him; I was sent for when the other two were taken - I said I would not go against them unless I was summoned, as the Alderman spoke to me so very sharp about taking this boy because I was not in full employ - he did not scold me - he said perhaps young men not in full employ would play such tricks as this to make up for lost time; it was the prisoner took the handkerchief and not Sullivan; I had followed the two from Holborn-bridge - I had not power to take the others.

COURT. Q. If you had tried to catch the three, would you not have lost them all? A. Perhaps I should.

ELIZABETH FRENCH . I was with my husband, and saw the prisoner and another young man walking together; the prisoner put his hand into the gentleman's pocket and drew it out again - we walked behind him, and opposite Hatton-garden he put his hand in again, and took the handkerchief; my husband collared him - he threw it down; I picked it up, ran after Mr. Gorton, and he claimed it.

Cross-examined. Q. You were examined some time ago in a case of this sort? A. Never; my husband was earning 3s. 6d. or 4s. a day at that time - he was not exactly in full employ, it is not our busy time; I was obliged to attend in the New Court before, about robbing a shoe shop where my husband worked, but he was not a witness.

THOMAS WILDEN . I am an inspector of the watch, and received the prisoner in charge at the watch-house; the handkerchief was given to me by Mr. Gorton, who claimed it; the other two were afterwards taken and discharged.

Cross-examined. Q. Did you send for French to attend as a witness? A. Yes; he said he did not like to attend unless he was summoned.(Property produced and sworn to.)

GUILTY . Aged 19.

Transported for Life .

1586. JAMES THOMPSON was indicted for stealing, on the 31st of August , 50 yards of gros de Naples silk, value 5l. 16s., the goods of Thomas Poole , in his dwelling-house .

JAMES WILSON . I am servant to Mr. Thomas Poole, of Fore-street, Cripplegate - he deals in silk . On the 31st of August, about four o'clock in the afternoon, I saw the prisoner in the shop - he asked for some calico, which I served him with; it came to 1s. 4d. - he had a bag which he put down on the ground by the side of the counter - while I was folding up the calico, another customer came in and inquired for an article; a youth named Sills came to attend to that customer; I desired him to fold up the calico and attend to the prisoner while I waited on the customer; the prisoner then asked for some fine twist sheeting; I went three or four yards to fetch it, and when I returned with it he had left the shop - I do not know whether he had paid for the calico; I missed a roll of about fifty yards of gros de Naples off the counter almost immediately - it laid on the part of the counter where he stood; there was nobody near enough to take it but him, except a female, and the prisoner stood between her and the silk, as such she could not take it - I had seen her at the shop before but did not know her; she remained there till after the loss was discovered - she had no bag; the prisoner's bag would contain the silk easily - I immediately sent the clerk to look for the prisoner, but he was not found; on the Wednesday or Thursday following I saw him in custody, and recognized him as the man who came for the calico, before I knew he was custody - I have no doubt of him.

Cross-examined by MR. PHILLIPS. Q. How many customers were in the shop? A. There were three or four in the inside of the shop, but none but the female on that side to the best of my recollection - there was not more than three or four customers - I will swear there were not eight persons in the shop exclusive of shopmen; I believe there were two or three in the shop at the time I missed the silk, one or two had left; the woman had no cloak on, if she had I should have noticed it; I swear she had a handkerchief or shawl on, but did not notice her dress, but am positive she had no cloak, or shawl on or I should have noticed it; I think I should know every body who came with a cloak on if I waited on them; I turned my back to the prisoner to reach down the article he asked for - I had told Sills to wait on him, and receive the cash from him - but before I left him to wait on another customer he asked for this article, and while I was reaching it he left in a precipitate manner; I was informed he had paid for what he had - my back was turned about an eighth of a minute - Sills was with him at that time, and went in pursuit; the woman did not leave for some time after - I attended on her afterwards - she might have been in the shop for five minutes; I saw nobody leave the part of the shop the silk was laying in except the prisoner, but my attention was called to another part of the shop - it was impossible for any body to cross the shop and take the silk during the short time my back was turned - it is six or seven yards across; the silk has never been found.

COURT. Q. It was rather a large package, could a woman, without a cloak, conveniently conceal it? A. Impossible; she must have been observed if she had it- she bought several articles, and did not go till she was suited.

FRANCIS SILLS . I am cashier at Mr. Poole's. I saw the prisoner in the shop when he first came in; master served him - when the shopmen are busy I serve, but not generally; the prisoner paid me for something, but what he bought I do not know - he had a parcel which I gave him, and a bag; I could not observe whether it had any thing in it - Mr. Wilson missed the silk in less than half a minute; I had observed several rolls of silk on the counter, and could not tell one was gone - I immediately went out after the prisoner, but could not see him; I had observed his person - he was close to me; I saw him again about four days after, and am quite sure of him - the woman stood at the counter near the prisoner; no other customer was at that counter - there was a counter at the end of the shop, and two are opposite each other; nobody crossed the shop from the time I saw the prisoner there, till he left the shop, I am certain.

Cross-examined. Q. Wilson called you over to take the money from the prisoner? A. I came to serve the other customer; he said I had better take the money from the prisoner - I was perhaps two yards from him or less at that time; Wilson turned to reach something - my face was turned towards the prisoner; I had an opportunity of seeing him - I did not see his bag till he was going out - I could not see it across the counter; I did not see him take the silk - he could have taken it without my seeing him, and put it into his bag; I am sixteen years old - I swear he might have pulled the silk off the counter while I was looking at him, and I not see him; I cannot swear he did do it - I did not notice what he was doing particularly; I know I have sworn I was looking at him, but still he might take it without my seeing him - I can see across the counter, but not underneath it; it was between me and him - the roll of silk might be between half a yard and yard long; I think I had seen the prisoner in the shop once before, and have seen the woman more that once - I cannot say how often; I have been there about a month - the woman had a black bombazeen or stuff frock or gown, or something on, and a child in her arms; she had no cloak, for I saw her frock and she had nothing to cover it - she was the person I was called to serve; I do not know what she bought, for I went out to look for the prisoner - I cannot say whether the bag contained any thing, he went out so fast; there was a roller in the silk, and it was rather bulky - it was a middling sized bag.

Q. Could you not have observed the silk in it? A. He was close to the door, and went out in a quick manner - I do not know whether the woman was searched; I cannot say how many persons were in the shop.

COURT. Q. Was any body at the counter where the silk lay, except the prisoner and the woman? A. No.

DANIEL FORRESTER . I am an officer. On Monday, the 31st of August, Mr. Poole came to me - I got a description of the prisoner from Sills, and on Friday morning he was driving up the City-road in a gig - I stopped him, took him to Mr. Poole's and asked some person there whether he could give us a better description of the man than I had before; the prisoner was with me - we then went up stairs to the bed-room where Mr. Wilson was ill in bed; I asked him if he could give us a description of the person supposed to have taken the silk - Mr. Wilson neither said the prisoner was or was not the man; I did not tell him the prisoner was in custody - he described the man as he had before; Sills was not in the way - I went to Guildhall and desired the prosecutor to bring Sills there, and as I and the prisoner stood at the Justice room I saw Sills coming - I told the prisoner to go in, and directly Sills came he pointed to the prisoner and said, "That is the man;" he did not know he was in custody - I had not told any body of it; the prisoner denied the charge in toto.

Cross-examined. Q. He went with you to the shop? A. Yes; he drove me there in the gig.

Prisoner's Defence. I hope you will consider the awful situation I am placed in, if any gentleman here resembled the person who took the silk it would be a disgrace to him as well as me - if I had been guilty I should never have let the officer come in my gig and drive him to the door; we went to the gentleman's bed-room and asked him if he could swear to the man who took the silk - he said he could not, having no recollection of him; a woman in the shop said the person was very much like a Jew - they said he was not, and the woman said "I will have it that he was;" she was asked if she could swear to him; she said she could - she pointed to me, and said it was a man a little taller than that man.

NOT GUILTY .

1587. GEORGE TOOKEY was indicted for stealing, on the 20th of July , 2 spoons, value 10s. , the goods of Charles William Hales .

MARY ADAMS . I am servant to Mr. Hales. On the 20th of July the prisoner called on me as a friend - I knew him before; he is no relation; he staid in the kitchen nearly an hour - nobody else was there; I did not know what way of life he was in; these silver dessert spoons were in the kitchen closet - I did not miss them till the 22nd of July; I saw two of them afterwards at the Mansion-house, when the prisoner was in custody - I did not give him leave to take them; they have master and mistress' initials on them - I had left him alone in the kitchen while I went down to the cellar; the key is always left in the closet.

Prisoner. Q. Was not the boy who cleans the shoes in the kitchen? A. I do not think he was, for I had cleaned a pair of boots, because nobody was there to do them.

CHARLES MATTHEWS . I am a bricklayer. I went to the prosecutor's, hearing of the loss, and got a description of the spoons printed; I found two of them that night at Collins', in Shoreditch; I found where the prisoner lodged next day, and left word for him to come down to the hall, as the young woman wanted to see him about a situation - he came, and I apprehended him.

JOHN KEYS . I am in the employ of Mr. Collins, a pawnbroker. On the 22nd of July I took in two spoons, with the initials C. M. H. for 8s. 6d., from a lad, who I do not recollect.

MR. CHARLES WILLIAM HALES . I charged the prisoner with stealing the spoons; he begged I would not prosecute him, and if I would allow him he would recover the spoons, and replace them - he said he had pawned four, and given one away; I do not recollect his saying where he had pawned them - he said he had destroyed the duplicate.(Property produced and sworn to.)

Prisoner's Defence. I never mentioned any such thing; if guilty, do you think I should go to the house, and wait for an hour before he came.

GUILTY . Aged 15.

Transported for Seven Years .

NEW COURT, Second Day.

Fifth Middlesex Jury - before Mr. Common Sergeant.

1588. WILLIAM CHAPPELL was indicted for stealing, on the 1st of August , 1 watch, value 3l. , the goods of Mary Hughes .

The prisoner pleaded GUILTY .

Transported for Seven Years .

1589. DANIEL SULLIVAN was indicted for stealing, on the 1st of August , 1 handkerchief, value 2s., the goods of Anthony Rich , from his person .

ANTHONY RICH . On the 1st of August, between four and five o'clock in the afternoon, I was walking with my brother in Drury-lane , and felt something at my pocket; I turned, and saw the prisoner with my handkerchief in his right hand - I called him; he threw it behind him; I took it up, and took him to the watch-house - I had had it in my pocket a minute and a half before; this is it.

Prisoner. I never saw it till it was lying on the ground; this gentleman's brother took it up; an elderly gentleman came up and said it was not me, he saw another boy do it.

ANTHONY RICH . There was a person who said there was another; but I did not look after any other, as I saw the prisoner with it in his hand.

JOSEPH COLE . I received the prisoner in charge.(Property produced and sworn to.)

GUILTY . Aged 17.

Transported for Life .

1590. WILLIAM OTTAWAY and WILLIAM COLLISON were indicted for stealing, on the 21st of July , 6 live tame geese, value 3l.; 1 live tame gander, value 10s., and 9 live tame goslings, value 2l. , the goods of Abell Yewer .

ABELL YEWER . I am a labourer , and live at Staines Moor - I had six geese, one gander, and nine young ones on the 20th of July; I fastened them all up that night, put a chain round the head of the gate, and twice round the pales - I had been out that morning, and some of the children had lost the key; I was called up at half-past one o'clock next morning, and was told two men were driving some geese - I opened my window; the gate was open, and all the geese gone; I went down, and Mr. Baker had Ottaway in custody - I found all my geese in the water.

MARY DEXTER . I live next door to the prosecutor. I heard a noise, and saw these two prisoners bring the geese along; I thought I knew them to be Yewers; I saw the prisoners so as to distinguish their persons - Ottaway was the one nearest to me; I went and called Baker; he came out - the prisoners ran, and Baker pursued; I am quite sure they are the men - it was moonlight, and Ottaway was not out of my sight.

THOMAS BAKER . I was called out, and saw the prisoners just making a start to run: they ran through the gate, and I called to them to stop; Ottaway said, "I shan't stop," and ran on about ten yards farther - Collison jumped over a gate into a plantation; I pursued Ottaway - he said he would beat my brains out, and struck me over the head with a stick; he struck at me a second time; I caught it on my arm, seized him, and took the stick from him - I brought him back to the prosecutor's, and asked him if he was not ashamed to rob a poor man, who only had 12s. 6d. a week; I then went and took Collison in the plantation; he could not get out any other way - I am quite certain he is the man I saw get over; I was within two yards of him.

Ottaway's Defence. I did not strike him. I had been to look for work, and met a friend, who took me into a public-house, and this young man came in - we were going along the road, and I never went out of the road.

Collison's Defence I had been travelling all day for work, and went into the public-house, and saw this man - we had rather a drop too much, and stopped late; I went on, and kicked against this bit of chain on the side of the road - the geese were on the side of the road; we did not drive them.

OTTAWAY - GUILTY . Aged 30.

COLLISON - GUILTY . Aged 19.

Transported for Seven Years .

1591. SARAH PARSONS was indicted for stealing, on the 5th of September , 1 collar, value 4s., and 4 yards of ribbon, value 2s. , the goods of Elizabeth Brakenbury .

ELIZABETH BRAKENBURY . I am in service. I lost my lace collar and four yards and a half of sarsnet ribbon from the back kitchen, at No. 20, Park-street, Camden-town ; I went down at seven o'clock in the morning and locked the door; my mistress was then out - when she came home she found the door open - I then went down and missed these articles; this is the collar I had bought on Holborn-hill two months before - the prisoner was living in the service of the lady in the first-floor; I went and fetched an officer, and we taxed the prisoner with it; she said she had not been in the room, and did not believe that I had lost the things - I called the landlady down, who said she had seen the things in my trunk before - the prisoner said she had been to Mrs. Collins, a laundress, we went there, but found nothing - we came back, and I said I wished her to be searched; she had every thing taken off, but nothing was found - I said "You will bring yourself into a great deal of trouble if you do not own it;" she then acknowledged that the collar was in the coal-cellar, but said she knew nothing of the ribbon.

WILLIAM JAMIESON . I went with the prosecutrix, who said she had been robbed - what she has stated is correct; the staple was out of the door-post - the prisoner denied that she had broken the door open, and said it must be the landlord's son who had done it - her mistress gave her a good character, and said she supposed it arose from jealousy.

Prisoner's Defence (written.) My fellow- servant and myself being on no friendly terms, and having had a slight contention respecting a sweetheart, I took this collar, which I am charged with stealing, and hid it in the coal-cellar, for no other purpose than preventing her from wearing it on going to see him.

ELIZABETH BRAKENBURY . There is no truth in that; I am no lover.

NOT GUILTY .

1592. ANN PUGH was indicted for stealing, on the 17th of August , 1 jacket, value 2l.; 1 pair of trousers, value 1l.; 1 handkerchief, value 4s.; 2 shirts, value 8s., and 2 stockings, value 1s. , the goods of William Anderson .

WILLIAM ANDERSON . I am second mate of a brig , and lodge at Mrs. Cruickshanks, in Wapping-street . I went to sea for about nine months, and left these articles at my lodging; I returned on the 14th of August; the prisoner lived at that place. and on the Saturday evening she asked if I wanted my clothes; I said I did not, as I had another suit to put on - on the Monday I was going with the brig to Peterhead - I then asked her for them; she said she would give me them, but when I came to look they were gone.

Cross-examined by MR. LEE. Q. Is not the prisoner your sweetheart? A. No, I believe she was servant there - I did not leave these clothes in her possession, but in her mistress' - the prisoner did not return with my things, but she asked if I wanted them; she did not say that one of the servants wanted money, and she had pawned them.

CATHERINE BOSTON CRUICKSHANKS . I keep the Queen's Arms; the prisoner lived with me; the prosecutor had lodged at my house, and asked me to let his things remain there; I said certainly; he returned in August; the prisoner was still in my service; he asked me that Monday to allow the prisoner to give him his things; I told her to go and fetch them - she said she would - I told her twice, and in the evening she told me he had got them; but on the Tuesday he said he had not - I told her to go and fetch them down; she said they were in his own room; I told her to go and fetch them - she did not, and I told the other servant to go; the prisoner then brought down the jacket and trousers - I said "Here is not all" - she then said Ellen, the other servant, had pawned them, and had the money; I said I should send an officer for Ellen, to make her restore them - Ellen came and met the prisoner in my house in the officer's presence - while he was there the prisoner's mother brought the shirts and the handkerchief.

Cross-examined by MR. LEE. Q. Then the prisoner did bring down the jacket and trousers? A. Yes, and told me the things had been pawned by Ellen Wardrobe - the prisoner had lived with me a year and nine months, and behaved very well, as far as I know - I do not think the prosecutor was paying his addresses to her.

ELLEN WARDROBE . I was in the service of Mrs. Cruickshanks. About Christmas last I told the prisoner I wanted some money to buy some things - she told me she would lend me a jacket of a young man's, and I pawned it for 12s.; I returned her the duplicate and the 12s. in about three weeks or a month in the back wash-house, and said, "Shall I get it out, or will you?" she said she would; and I gave her the interest.

Cross-examined. Q. Did she not say she had a jacket of the prosecutor's which she would lend if it were got out before he returned? A. Yes.

BOYD SILVESTER . I am a constable. I was sent for; the prisoner's mother came with two shirts and a handkerchief - I asked the prisoner how she came to do it - she said her mistress gave her no money to buy shoes, and she took them to buy shoes.

LAURENCE MAQUIRE . I live in Wapping-street. On the morning of the 18th of August the prisoner came to my house and asked for a sovereign for her mistress - when I heard she was down at the office I told her mistress, and she said she had not sent her; the sovereign has been returned; she did say it was to redeem some things.

NOT GUILTY .

1593. JOHN PRICE was indicted for stealing, on the 25th of July , 1 set of fire-irons, value 6s. , the goods of James Hales .

JAMES HALES . I live at St. Luke's . I lost a set of fire-irons on the 25th of July, from my shop, between two and three o'clock; I saw the prisoner take them while I was at the back of the shop; I went out, and pursued him - I lost sight of him while he turned up a court: I came up to him, and took him with them in his possession.

DAVID ALLMAN . I stopped the prisoner with the fire-irons; the prosecutor came up directly, and claimed them.

JOHN SWAIN . I was sent for, and took the prisoner.

Prisoner's Defence. I was walking along Goswell-street, between two and three o'clock, and saw the fire-irons laying against the wall, two or three yards from the prosecutor's.

GUILTY. Aged 17.

Recommended to Mercy, having a good character .

Confined Seven Days .

1594. JOHN PENNINGTON was indicted for stealing, on the 25th of July , 2 gowns, value 12s.; 1 shawl, value 5s.; 2 shifts, value 6s., and 1 table-cloth, value 1s. , she goods of James Fine .

MARGARET FINE . I am the wife of James Fine - we live at Wapping . I missed these articles on the 25th of July, from a chest in the room in which the prisoner slept - he had been with me four weeks, but was not at home then; he came home about a quarter-past eleven o'clock at night - I had an officer ready; he was charged with the robbery, and denied it for some time - he then said he had sold the things to a Jew in Rosemary-lane; the next morning he acknowledged that he had taken one of my gowns to a girl, who had pawned it at Mr. Murray's; he was taken to the girl, and she produced this gown.

JOSEPH GALLOWAY . I am an officer. I went there and got this duplicate, which produced this gown - it had been pawned by Mary Allen .

ROBERT STUPART . I am in the employ of Mr. Murray, a pawnbroker. I produce this gown, which had been pawned by Mary Allen , whom I saw at the Police-office.

The prisoner pleaded poverty.

GUILTY . Aged 42.

Confined Seven Days .

1595. HENRY ROBINSON was indicted for stealing, on the 14th of August , 2 boots, value 14s. , the goods of George Dupen .

GEORGE DUPEN . I am a boot-maker , and live in Ratcliff-highway . On the evening of the 14th of August, about nine o'clock, I was backwards in the kitchen, and heard a scuffle in the shop; I went forward, and saw the prisoner in the shop, in the custody of a young man, for stealing a pair of boots; I asked how he came to take them- he said he was in distress.

THOMAS CROOK . I live at the prosecutor's. I saw the prisoner come and take the boots while I was behind the counter - he took them off a book inside the door; I seized him with them.

JOHN SHIELDS . I am an officer. I was called in, and took the prisoner - he said he was in distress.

WILLIAM GRANT. On the 14th of August I heard something drop at the door - I went and found these boots.

Prisoner's Defence. I was destitute of a home for a fortnight, and was much afflicted.

GUILTY . Aged 41.

Transported for Seven Years .

1596. JAMES REEVES was indicted for stealing, on the 28th of August , 6 books, value 6s. , the goods of Edward Rainford .

THOMAS POWELL . I am a shoemaker, and live in Red Lion-passage . On Friday, the 28th of August, I saw the prisoner go to Mr. Rainsford's shop, take the books, and run away; I pursued, and he dropped them - I only lost sight of him when he turned the corners, and can swear to his person; he dropped them at the corner of the passage, near the square, and was taken in Eagle-street.

WILLIAM WILLIAMS . I was in Red Lion-square, and heard Stop thief! called; I saw the prisoner running, and throw these books down - they were taken up, and part of them were given to me; these are them - I am sure he is the man.

EDWARD RAINFORD . These are my books; I had seen them a few days before.

The prisoner received a good character.

GUILTY . Aged 58.

Confined Three Months .

1597. JOSEPH STEBBINGS was indicted for stealing, on the 1st of August , 15lbs. weight of fat, value 4s. , the goods of Joseph Ordway .

JOSEPH ORDWAY . I am a butcher . I was told this fat had been taken away on the 1st of August; I looked, but could not miss it, as the fat had not been weighed - I got it again, and believe it was mine.

Cross-examined by MR. CLARKSON. Q. Was the prisoner in your employ? A. No; he used to go to the place where the fat was; I generally sign my name "J. R. Ordway."

JAMES FRENSHAM . I heard the prisoner was at the slaughter-house, and saw him taking what I supposed to be fat, as there was nothing but fat there - I watched him; he went to Mr. Ordway's mother's shop, to take the keys back: he was then going away, but he was called back, and the fat was taken from him - it was between eight and nine o'clock in the morning; he said it was the first time he ever took any, and he hoped it would not be made known to his father and mother; he had gone to the slaughter-house to get a head - I saw him standing on the steps, and putting something in his bosom; no person had fat there but Mr. Ordway.

GUILTY. Aged 22.

Recommended to Mercy . - Confined One Month .

1598. JEREMIAH HEMS was indicted for that he, on the 21st of July , at St. Mary, Whitechapel , feloniously did break and enter the warehouse of John, Blackburn and another, and steal therein, 1 quadrangle, value 10s., and 1 weight-scale, value 2s., the goods of the said John Blackburn .

The prisoner pleaded GUILTY . Aged 19.

Transported for Life .

1599. JOHN TYLER was indicted for stealing, on the 22nd of July , 1 pair of hames, value 2s.; 1 pair of traces, value 4s.; 1 pad, value 3s.; 1 crupper, value 1s. 6d.; 1 bridle, value 2s., and 1 rein, value 1s. 6d. , the goods of William Barrow , the younger.

WILLIAM BARROW , JUN. I am a hackney-coach master . I had seen the prisoner about my premises two or three days before I missed this property. On the morning of the 22nd of July, about six o'clock, I met him coming out of my yard, with a sack on his shoulder - he dropped it; I ran after him, and he was stopped - I returned, and saw the sack - it had my harness in it: I told a person to stand by the sack till I returned from the watch-house, and I found it just where I had left it; when I took the prisoner I said he should go to the watch-house - he said he would rather lose his life, but I took him; he told me if I would let him go he would tell me where some reins were, but that was not connected with this robbery. I missed these articles from my stable.

The prisoner received a good character, and pleaded distress.

GUILTY . Aged 25.

Confined Four Months .

1600. MATTHEW WARD was indicted for stealing on the 21st of July , 5 half-crowns, and 4 shillings , the monies of Francis Tucker .

JOHN WORDSWORTH . I am shopman to Francis Tucker, a tallow-chandler , of South Molton-street . I suspected the prisoner, who was in his employ - when I returned from breakfast on the 21st of July, I ordered the other man out, and marked 12s. with a cross; I went down stairs, and ordered the prisoner up to the shop to call me if any thing was wanted - I staid about ten minutes, then came up, and sent him down; I missed 3s. out of the till: I waited till Mr. Tucker came from Kensington, and told him of it - he wished to have some farther confirmation, and told me to mark some more money; I then marked five half-crowns and four shillings, with a W. - I stationed myself at the back of the shop, and saw the prisoner come through a private door, open the till, and then go down again; I then missed four half-crowns and two shillings: my master desired me to go for an officer, who searched him, and found four half-crowns and two shillings of that silver, and the three shillings which he took in the morning - this is the silver; it has the marks which I put on it.

Cross-examined by MR. BARRY. Q. How long has he been in your service? A. About nine months; he was frequently sent to the banker's with money - he was a melter ; there was no other person on the premises but the female servant, who was below; there was 5l. 1s. 6d. found on him besides, which he said was his own money; that was not marked; he had in a Saving-bank about 11l., which he said he had saved when at sea - he had a good character; I went for the officer immediately after I missed the half-crowns, leaving the prisoner below - I swear there had been no other person in the shop from the time I put the half-crowns in the till; no quarrel had ever taken place between him and me - he had conducted himself very well, except staying on his errands, or so.

ALEXANDER MANN . I was sent for, and searched the prisoner - I found the money, part in his trousers, and part in his left-hand coat pocket.

Cross-examined. Q. He said he had saved it when he was at sea? A. Yes, but that was not the money found on his person.

GUILTY . Aged 20.

Transported for Seven Years .

1601. JOHN WOODWARD , WILLIAM KING , and JOHN SAMVELL were indicted for stealing, on the 18th of August , 2 live tame ganders, price 10s., and I live tame goose, price 5s. , the property of Lewis Holt .

LEWIS HOLT . I am a market-gardener , and live at Barnes . On the 17th of August, I shut up ten geese in a goose-house, in a yard on my own premises, about eight o'clock in the evening; the next morning I went into the yard, about five o'clock, and saw some blood and feathers against the gate - I went to the goose-house, and missed two ganders and one goose; about eight o'clock in the morning Mr. Atliff came and said some men were at the watch-house at Hammersmith - I went there, and said I had lost two ganders and a goose; the watchman told me he had got them in his sack, and asked if I could swear to them - I said not to the two young ganders, but I could to the old goose; I did not see any difference in the ganders, but I am positive the goose was mine - I did not miss any feathers from them.

Cross-examined by MR. LEE. Q. What colour was the goose? A. A brown one, very much speckled; the constable has the ganders' wings - I have not kept any part of the goose; there was no particular mark on it.

JAMES HICKS . I am a lamp-lighter, and live at Hammersmith. On the morning of the 18th of August I was returning home, about five o'clock, and putting out my lamps; I was in the middle of the road, near the Black Bull, and saw a watchman standing - from what he said I went with him to the Red Cow, where I saw the prisoners together; King and Samvell were drinking out of a horse-trough, the other stood by a ditch opposite - I spoke to the two, and said that was curious drink to get drunk with; I then saw a milkman come up, and take a sack out of a ditch - I looked into it, and saw some geese; the prisoners all ran off - I pursued, and caught Samvell, and two men out of a building caught the other two.

Cross-examined by Mr. PHILLIPS. Q. Are you sure of the two persons? A. Yes - I have always said so; Samvell had no coat on.

GEORGE BRANDSGROVE . I am a baker, and live in Crombie's-place, Hammersmith. I was going towards London about five o'clock, and saw the three prisoners walking before me - King had a sack on his head; when they came opposite the Red Cow, Samvell turned off to the right of the road, and then came back and told King to put down the load, which he did; it was in such a sack as they put corn in - I went and spoke to the lamplighter and the watchman; the sack was put down close by the side of a ditch - I then went on towards London, and when I got through Hammersmith turnpike I saw the three prisoners running as fast as they could; King said to me, "Don't stop us, mate, because we shall be too late for work" - they were all together; I did not stop them.

Cross-examined by MR. PHILLIPS. Q. How far is that from the prosecutor's? A. I understood he lived at Barnes, which is three miles from where I saw them.

THOMAS JENKINS . I am a watchman. On the morning of the 18th of August, Brandsgrove told me he saw three men; I went and saw two of them by the horse-trough, and the other opposite, near the spot where the sack was pulled out of the ditch - Woodward was standing near the ditch; the sack contained three geese, which I shewed to Holt, who claimed them - the prisoners were afterwards given up to me, and I locked them up; I saw them run away - Hicks asked me if he should follow them, and I said Yes; they were brought back in about ten minutes or a quarter of an hour; Hicks brought Samvell, and the others were brought back about the same time.

WILLIAM LAURENCE . I am the toll-collector of the Hammersmith-bridge. About a quarter before five o'clock I saw the prisoners come over the bridge in company; King had a sack on his back, which appeared nearly half full - it was a sack similar to this one; I saw red letters on it, which there is on this - I did not notice what letters they were.

WILLIAM PETHER . I took the prisoners to the Magistrate, and cut off the wings of the geese.

JAMES HICKS re-examined. I took Samvell in a brick field, nearly opposite Lord Holland's - they were all running; two men came out of a building and secured the others; they were brought back, and delivered to Jenkins.

Woodward's Defence. I saw the men running after me, and gave myself up.

King's Defence. I gave myself up.

Samvell and Woodward received a good character.

KING - GUILTY . Aged 24.

Transported for Seven Years .

WOODWARD - GUILTY . Aged 19.

SAMVELL - GUILTY . Aged 19.

Confined Twelve Months .

1602. ELIZABETH WATERS was indicted for stealing, on the 28th of July , 2 sheets, value 3s.; 2 aprons, value 1s.; 1 shawl, value 3s., and 1 handkerchief, value 6d. , the goods of John Powis .

PETER LOW . I am a butcher. I was sitting in my master's truck, by Mr. Powis' door, on the 28th of July, in Anchor and Hope-alley, St. George's in the East ; I saw the prisoner come out with a bundle under her arm, between three and four o'clock - I went and told Mrs. Powis; her brother came out, and ran after the prisoner- she ran down the alley; Mrs. Powis' brother and I stopped her with the bundle in her hand - she said it was her own.

ELIZABETH POWIS . I am the wife of James Powis . Low came and told me a bundle was taken; I sent my brother, who brought the prisoner back with this bundle; it contained a pair of sheets, a shawl, and two handkerchiefs, which had been in my house not ten minutes before - I cannot recollect any thing of the prisoner; she begged my pardon, and said she had no father or mother.

JOHN ADAMS . I am an officer. I was sent for, and took the prisoner.

GUILTY . Aged 15.

Transported for Seven Years .

1603. JOSEPH WATERHOUSE was indicted for stealing, on the 4th of August , 1 writing-desk, value 15s. , the goods of Mary Widgeon .

MARY WIDGEON . I am single , and live in the Lying-in-hospital . I lost my writing-desk on the 4th of August from a small room on the right-hand side of the door, but I did not know it till the next morning, when a person came and asked if I had lost any thing; I had used it between three and four o'clock the afternoon before.

Cross-examined by MR. LEE. Q. What time, on the morning of the 5th, did you know it was gone? A. About nine o'clock - I know nothing of the prisoner.(Property produced and sworn to.)

CHARLES HERDSFIELD . I took the desk from the prisoner in the City-road, about five minutes before seven o'clock, on the 4th of August - he had it in a basket; I said, "Young fellow, where did you get this?" he said,"It is my own," that he lived in Charles-street, and I might go with him - I said, "You are only giving me trouble;" he said, "Well, it's of no use," and I took him to the watch-house - I did not see any person near him.

Cross-examined. Q. What distance was he from the hospital? A. I suppose one hundred yards - he went very willingly.

Prisoner's Defence. I was employed by a man to carry it to Shoreditch-church.

GUILTY . Aged 26.

Transported for Seven Years .

1604. STEPHEN WINTER was indicted for stealing, on the 18th of July , certain fixtures, (i. e.) 6 glazed window-sashes, value 20s., of and belonging to William Young Knight , and fixed to a certain building .

GEORGE TWEEDY . I live in Cooper's-gardens, Hackney-road, and am agent to William Young Knight, Esq . - I look after his houses, one of which is in Whithall-yard, Loggerhead-lane, Bethnal-green - I saw it between six and seven o'clock on the evening of the 17th of July; it was then safe - the doors and shutters were closed; next morning I heard something, and went to the house- I found the shutters open, and I think five glazed sashes were gone; I went to the prisoner, who had been a tenant of ours - he then lived in Moffatt's-court; I found the sash-frames there, partly cut to pieces - I took the pieces to the house, and a carpenter with me to fit them; they matched exactly; the prisoner was out at the time - I saw him afterwards, and told him they had been found at his house; he said his wife had picked them up in the garden.

Cross-examined by MR. BARRY. Q. Do you know whether there are any other persons interested in the property? A. No - Mr. Knight is the King's attorney; it is a house with two rooms and a small kitchen - only the prisoner, and a woman who lived with him, lived in the house, that I know of; Mr. Knight pays me for looking after these houses - I have a written authority.

JOHN IMPEY . I am a chimney-sweeper, and live in Moffatt's-court - the prisoner lived in that court. About a quarter before four o'clock one morning, my little dog awoke me - I saw the prisoner go into a shed, get a ladder, and put it up against the house, No. 2, Moffatt's-court; in about half an hour he went up the ladder, pushed up the sash, went in, took a knife out of his pocket, and began to cut the strings of the sash - then he went down stairs, and broke the shutters; he came and put the sashes down under the window - he saw me, and said, "Halloo, Jack!"

Cross-examined by MR. BARRY. Q. Where were you? A. Partly in my father's room, and partly in the garden; I had one leg inside - I did not say at one time that he looked up at the house for half an hour, and then that he went up instantly; I said he stopped half an hour before he went up - I do not think I ever said he went up instantly; he opened the gate, and went in - I then came out, went up - I do not think I ever said he went up instantly; he opened the gate, and went in - I then came out, went back, and went to bed; I did not call my father or give any information till eight o'clock.

THOMAS HARFORD . I am a constable. I received notice to examine the house - it stands in a very peculiar situation; I went to the prisoner's house, and found some wood burning in the fire - here is one of the fellow-sashes which had not been taken; the pieces of sashes which were found seemed to match in every respect - the prisoner was not at home; he came in, and said his wife picked them up.

Cross-examined. Q. Are you certain it is the same house? A. Yes - I know Mr. Knight; I do not know that he is solicitor to any parties - they are not new houses.

The prisoner received a good character.

GUILTY . Aged 21.

Confined Twelve Months .

1605. MARIA PARROTT was indicted for stealing, on the 7th of August , 30 yards of ribbon, value 30s., the goods of James Shoolbred and Gregory Cook ; and that at the delivery of the King's Gaol of Newgate, holden for the County of Middlesex, at Justice Hall, in the Old Bailey, on Thursday, the 11th of September, in the 9th year of the reign of his present Majesty, she was convicted of felony.

JOHN ADAMS . I am an assistant to James Shoolbred and Gregory Cook , linen-drapers , of Tottenham-court-road . On the 7th of August I was walking outside the counter, and saw the prisoner in the shop concealing a piece of ribbon - she had bought one yard; she put the piece she concealed in a small basket, covered it with a handkerchief, and was then going away - I detained her, took her into the warehouse, and said, "I must send for an officer;" she desired me to let her go, but I said I could not, as it was the second time she had been there- she then gave me a second piece of ribbon, which had been concealed under her shawl.

THOMAS SIPLESS . I am a street-keeper. I took the prisoner into custody, and produce the property.

Prisoner. I was intoxicated at the time. Witness. No, she was not.

HENRY GODDARD . I produce a certificate of the conviction of this prisoner last September, of the name of Maria Drury , for stealing some ribbon - I took her, and attended the trial; I know she is the person.

GUILTY . Aged 30.

Transported for Life .

1606. WILLIAM BUMPSTEAD was indicted for stealing, on the 29th of August , 1 watch, value 3l.; 1 gold seal, value 1l., and 1 piece of ribbon, value 2d., the goods of John Grubb , from his person; and that he, on the 7th day of April, in the 6th year of His Majesty's Reign, was convicted of felony .

JOHN GRUBB . On the 29th of August I was in the skittle-ground of the Boot public-house, in Cromer-street ; I saw my watch safe about eight o'clock, and missed it about half-past eight - I felt it go; I had seen the prisoner there before it was taken, and at the time it was taken several persons were round me - I laid hold of the prisoner directly, at the time of the scuffle, but I have not got my watch.

WILLIAM SILLITOE . I am a tailor. I was at the Boot about half-past eight o'clock with the prosecutor -I saw the prisoner and upwards of thirty more in another part of the ground; they came up to our part and took a pot of ale from us - the prosecutor said it was not right - we then had a pot of porter come in, and they took that; I was knocked down by some of the party, and when I got up I saw the prisoner and Mr. Grubb in contact - I saw the prisoner drawing out the watch by the black ribbon from the pocket; I said they had been robbing him - one of them knocked me down again and said,"What is that to you?" there was then a great rush out; I said to a coachman, "Shut the door, we will let no more out till we get an officer;" the prisoner then went and sat down as if nothing had happened - the watch has not been found.

Prisoner's Defence. I know nothing at all about it; the gentleman played with me for a pint of porter.

ISAAC KIMPTON . I was present when this prisoner was tried in April 1826, for stealing seventeen yards and a half of cotton - I produce a copy of his conviction, and I know he is the man.

GUILTY . Aged 18.

Transported for Life .

1607. JAMES HARRIS was indicted for stealing, on the 21st of July , 1 table, value 2l., the goods of John Arrow ; and that, on the 11th of June, in the 10th year of His Majesty's Reign, he was convicted of felony by the name of William Clancey .

JAMES BARNES . I am a cabinet-maker, and work for John Arrow , an auctioneer of King's-street, Bloomsbury . I was in his shop on the 21st of July - I saw the prisoner come in and look at the furniture; he then walked away with the table - he walked up the street, then crossed, and came down the street on the other side of the way - I took him with the property on his shoulder; he came and put it down where he took it from, and begged me to let him go.

Prisoner. Q. Did you not say I should suffer for all that your master had lost for the last three months? A. No; I said I should not let him go as we had lost so much.

Prisoner's Defence. I was looking in a picture-shop - a very respectable person came and said he would give me 1s. to take the table for him - he gave me 6d., and was to give me 6d. more when I got to Southampton-street; the witness then came and took me - the other person ran off; I told him that was the man, but he did not offer to pursue him.

GEORGE FORDVCE . I took the prisoner for a robbery, for which he was tried last June and sentenced to fourteen days' imprisonment - I am certain he is the man.

GUILTY . Aged 18.

Transported for Life .

1608. GEORGE CLARK was indicted for stealing, on the 29th of August , 3 shillings and 1 penny, the monies of George Bevan , from his person .

GEORGE BEVAN . I lost my money on the 29th of August out of my right-hand breeches pocket, at the prisoner's lodgings, Ropemaker's-fields - I had been at work with him; he asked me to go and have some beer- I paid for a pot of stout, and then he paid for some beer: he asked me to go to his lodgings, and then asked me to send for another pot, which I did - I then had 3s. 1d., and while I was drinking he came and took it out of my pocket; I asked him for it - he called me a young b-r, and every thing he could think of, and knocked me down - I went to the door; the watchman was coming by, and I gave charge of him.

Prisoner's Defence. He had been working with me - we went to the Spread Eagle and had some stout: then we had five pots more with the company - he would go to my lodging; I never had one halfpenny of his money.

DONALD McDONALD . I am a watchman of Limehouse. I was crying twelve o'clock, and saw a crowd round the door - the boy was crying in the crowd; he said he had been robbed by Clark - I said, "Where is he?" he said,"He's in the house;" I called him out and said, "Are you playing your lark with this boy or not?" he made no answer, and I took him - neither of them were tipsy.

NOT GUILTY .

1609. WILLIAM DOWNES was indicted for stealing, on the 5th of September , 1 handkerchief, value 2s., the goods of Walter Blount , from his person .

WALTER BLOUNT . On the 5th of September, as I was crossing over by St. Clement's church, in the Strand , about seven o'clock, I heard a noise, turned round, and the officer came and told me my handkerchief was gone; I had it in my pocket about five minutes before - I did not feel it taken; the officer and the prisoner were on the ground - my handkerchief was taken from the prisoner's pocket.

RICHARD AMBROSE . I saw the prosecutor in the Strand, and the prisoner following him - I followed them into Pickett-street, and saw the prisoner take up the tail of the prosecutor's coat; I caught hold of him, and called to the prosecutor to come back - the prisoner and I had a tussle together; the prisoner threw me down - a man standing by assisted me, and took this handkerchief from the prisoner's pocket.

Prisoner. This man came and said, "You must come, you are the principal person to come against him"- and then he said he would come. Witness. I took hold of him as soon as he lifted up the tail of the gentleman's coat.(Property produced and sworn to.)

Prisoner's Defence. I saw a scuffle, and went to see what was the matter - they did not know who it was that picked the pocket; a man struck me on the head, and then they said it was me.

GUILTY . Aged 20.

Transported for Fourteen Years .

1610. HENRY GRIFFITHS was indicted for stealing, on the 21st of August , 1 handkerchief, value 2s., the goods of Daniel Mesman , from his person .

DANIEL MESMAN . On the 21st of August, as I was coming down Bruton-street , about one o'clock in the day, I felt something at my pocket, I turned, and saw the prisoner close at my elbow; he had a new blue coat on and white trousers - I did not think he was the person, but on looking at him I saw my handkerchief in his coat; I took it from him, and collared him - I said, "You rascal, you have got my handkerchief?" he aimed a blow at me, but missed me and got away - I raised an alarm, and he was taken shortly after.(Property produced and sworn to.)

JOHN BROWN . I was in Bruton-street on the 21st of August, and saw the prosecutor; the prisoner put his hand up the prosecutor's coat, and took the handkerchief from his inside coat pocket.

Cross-examined by MR. PHILLIPS. Q. How soon was the man taken? A. Almost at the very moment; he ran, but I did not lose sight of him.

Prisoner's Defence. I was walking down the street, and saw two boys behind the gentleman; they dropped the handkerchief, and I took it up.

GUILTY . Aged 17.

Transported for Fourteen Years .

1611. FRANCIS MARSHALL was indicted for stealing, on the 24th of July , 1 handkerchief, value 5s., the goods of John Murray , from his person .

JOHN MURRAY . On the 24th of July, as I was passing through Holborn , about eleven o'clock at night, I felt a tug at my pocket, and missed my handkerchief - I turned and saw the prisoner and another; I followed the prisoner about thirty yards, and then charged him with it - he denied it, but I found it in his bosom; it has my mark on it.

DANIEL LYON . I am a watchman. I received charge of the prisoner from Murray.

Prisoner's Defence. I was going up Holborn and saw the handkerchief lying on the ground - I saw a person treading on it, and then I took it up - the prosecutor came to me, and as I was going to give it to him, he took it out of my bosom.

GUILTY . Aged 16.

Transported for Fourteen Years .

1612. WILLIAM STEVENS was indicted for stealing, on the 18th of July , 1 handkerchief, value 4s., the goods of Abraham Canner , from his person .

ABRAHAM CANNER . On the 18th of July I was in Mr. Reynold's shop, in Whitechapel ; I felt a pull at my pocket, turned round, and saw the prisoner behind me with my handkerchief hanging out of his side pocket - I took hold of him, and took it from him.

THOMAS REYNOLDS . The prosecutor came into my shop, and was paying for some goods; the prisoner came in, went behind him, opened his pocket with his right hand, and with his left I saw him put the handkerchief into his own pocket; I came round the counter - the prosecutor then had hold of him, and I gave him in charge.

Prisoner's Defence. I went into the shop on the Saturday night; this gentleman was standing at the counter with his handkerchief half out of his pocket; I said,"Your handkerchief is hanging out." Mr. Reynolds was selling bacon, and he wanted to pretend that I wanted to steal some, but I did not; and then the prosecutor said I wanted to pick his pocket; and when before the Magistrate he told the gentleman to say I wanted to take it out of his pocket.

GUILTY . Aged 75.

Transported for Fourteen Years .

1613. ELIZABETH SAUNDERS was indicted for stealing, on the 3rd of August , 1 watch, value 5l.; 1 watch-chain, value 6d., and 1 watch-key, value 1d., the goods of Anthony Alexander , from his person .

ANTHONY ALEXANDER . I am master of the Peggy, of Newark . I was near Cock-hill, Shadwell , on the 3rd of August; the prisoner came by the side of me - I walked a little way with her; she asked me for some gin; as we were walking up the street she drew my watch from my pocket - I took it from her, put it in again, went on to a corner, stood there a minute or two, and she took the watch from my pocket; she stooped down, and put it behind a post - I took hold of her, and gave charge of her to the watchman: this is the watch.

JAMES TAYLOR . I am a watchman. I came up; the prosecutor had hold of the prisoner, and said she had got his watch; she denied it - I asked where they came from; he said, "Up this lane;" I then went and found the watch behind the post.

Prisoner's Defence. He came and asked me to drink; he took me to the White Lion, and had some gin, but I did not; he went down this lane, then came again, and wanted to take liberties with me; he then called the watchman, said he had lost his watch, and would sell my life as a butcher would an ox.

GUILTY . Aged 19.

Transported for Fourteen Years .

1614. MARY ANN DODD was indicted for stealing, on the 16th of August , 3 half-crowns, 1 sixpence, and 1 farthing, the monies of Thomas Bowen , from his person .

THOMAS BOWEN . On the morning of the 16th of August, about one o'clock, I was in Queen-street, Seven-dials - the prisoner came up, and solicited a penny to buy her a bit of bread; I said I had not a penny, but I would give her a halfpenny; I was pulling it out, and she picked my pocket of three half-crowns, a sixpence, and a copper farthing; I gave charge of her to the watchman - she turned away, and said, "I won't have your halfpenny; if you have not a penny, I won't have any:" she was taken when she had got about twenty yards from me - I was sober.

Prisoner. Q. Did you not say you dropped one halfpenny, and that I picked your pocket when you was stooping for it? A. I did not.

JAMES DUNN . I am a watchman. I was in the Seven-dials; the prisoner was given charge of by the prosecutor- I found on her three half-crowns, one sixpence, and a copper farthing.

Prisoner's Defence. I was walking along; he came up, and put his arm round my neck: I asked him to give me something, and he put it into my hand; I did not know what it was - I thought it was copper; I said I should go and get something to drink, he said I could not; I then said Yes I could, at the watering-house, and he gave charge of me.

GUILTY . Aged 38.

Transported for Fourteen Years .

1615. JOHN MAY was indicted for stealing, on the 20th of July , one coat, value 3l. , the goods of John Wray .

JOHN WRAY . I keep the Bricklayer's Arms, in South Molton-street ; the prisoner lodged in my house, and left on Friday, the 4th of August. In consequence of information, I went to the bed-room on the second-floor, and missed a blue body coat; the prisoner had a fellow lodger at my house - I sent for him, but he did not come to my house: on the 14th of August I went out, and found the prisoner in Henrietta-street - I told him I had lost a coat, collared him, brought him to my house, and sent for an officer - he denied it at first, but he afterwards owned it; he pulled out a spectacle-case, took out the duplicate of the coat, and gave me.

WILLIAM PACKES . The prisoner pawned this coat with me on the 20th of July, and I gave this duplicate - I had known him before by the name of Henry Adams .(Property produced and sworn to.)

Prisoner's Defence. I did not do it with the intention of robbing him. I pawned it, meaning to get it out in a few days.

The prisoner received a good character.

GUILTY. Aged 52.

Recommended to Mercy . - Confined Fourteen Days .

1616. GEORGE EMPSON was indicted for stealing, on the 19th of July , 1 coat, value 1l.; 1 pair of gloves, value 6s.; 1 pair of shoes, value 6s., and 6 shillings, the property of Peter Gaze , his master ; and EDWARD CALLANAN was indicted for feloniously receiving the same, well knowing them to have been stolen .

PETER GAZE . I am an egg-merchant ; Empson lived in my service. I lost a coat and a pair of gloves on the 19th of July; I missed them on the Sunday morning, and I knew no one but Empson could do it - I know nothing of Callanan.

Cross-examined by MR. BODKIN. Q. Did not Callanan come to you, and tell you the part he had taken in it? A. Yes; he came and told me the name of the pawnbroker, where I found the articles.

GEORGE AVIS . On Sunday, the 3d of August, Callanan was brought to me, charged with robbing this gentleman; he said Empson stole the property out of a lost, put it under some straw, and told him to go and take it - that he went to pawn it at one place; they would not take it in; then he went to another place and pawned it.

Cross-examined. Q. This was after Empson was in custody? A. Yes; Empson told me, on the way to the office, that he had taken the coat, put it under the straw, and directed Callanan to go and get it.

THOMAS WILLIAM ANDREWS . I am a pawnbroker. This coat was pawned with me by Callanan, in the name of Coleman; he said he brought it from his father.(Property produced and sworn to.)

Empson put in a written paper, expressing his contrition for the crime. Callanan received a good character.

EMPSON - GUILTY . Aged 12.

Confined Seven Days , and Whipped .

CALLANAN - GUILTY . Aged 12.

Confined Seven Days .

1617. WILLIAM SQUIRES was indicted for stealing, on the 2nd of August , 1 half-sovereign, 8 shillings, 1 pint of rum, value 2s., and 1 bottle, value 3d., the property of Ann Southall , spinster , his mistress .

MR. BODKIN conducted the prosecution.

MARY SOUTHALL . I am sister to Ann Southall , the prisoner, and was in her service. On Sunday evening, the 2nd of August, the prisoner came and asked me for a bottle of rum and change for a sovereign, for Mr. Curling, of Canonbury-square - I gave him the rum, a half-sovereign, and 8s. in silver; he did not return; I went up to the room which he occupied, and his clothes were gone - I told my father and pursuit was made.

JANE NICHOLLS . I am servant to Mr. Curling, of Canonbury-square. I know nothing of the rum being ordered - there was no rum nor silver brought there.

BENJAMIN SOUTHALL . I am the prosecutrix's father. She gave me information, and I went up to Highgate; I returned, and found the prisoner at the Crown, at Holloway; there was a bottle of rum, and 13s. 10 1/2d. found on him - the bottle has my daughter's name on it.

JOHN MORGAN . I am an inspector of the watch. I have the bottle of rum and money; the prisoner said nothing at the time; I do not know what he said before the Magistrate.

Prisoner's Defence (written). - On the 2nd day of August two persons stopped at the door, and I called for a pint of rum and change for a sovereign, as requested by those persons; the sovereign was not given to me - on my obtaining the rum from the bar, I desired that 5d. might be taken for a pot of beer which was before owing, and received 17s. 7d. as the change out of the sovereign; on my going to the door with the rum, I found the persons who asked for it were gone.

GUILTY . Aged 27.

Transported for Fourteen Years .

1618. JOHN HAMILTON was indicted for feloniously receiving, on the 10th of August , 1 flute, value 5l., the goods of William Milhouse and Richard Milhouse , of a certain evil disposed person, he well knowing the same to have been stolen .

RICHARD MILHOUSE . I am in partner ship with my father, Mr. William Milhouse - our shop is in Oxford-street. On the 12th of August we missed a flute from the glass-case in our shop - I had seen it three or four days before.

Cross-examined by MR. BARRY. Q. You missed it on the 12th? A. Yes; I cannot swear that I had not seen it the day before.

HENRY GODDARD . I received information, and on the 18th of August I apprehended the prisoner going into No. 177, Tottenham-court-road; I called him, and asked if he had pawned a flute at Mr. Duprees - he said he had; I asked him what he had done with the duplicate; he put his hand into his pocket, and said, "I can't think what I have done with it, I have lost it;" he told me at the office that he had it of a man named Ferguson, that Country Joe engaged him to go and pawn it, and that all he got above 25s. he might keep - he said he pawned it for 30s., gave Country Joe the 25s., and kept 5s. himself - he did not say where he had received it.

Cross-examined. Q. Did he not say he had seen the young man a night or two before at a music party? A. He said he had seen him once or twice before when he was at the office; he did point out a person who he said had employed him - that person is not here, he is committed on another charge; the prisoner gave his correct address at the pawnbroker's - he was going into his own house when I took him.

WILLIAM SIBLEY . I have known the prisoner some years. On the 11th of August he came to my shop in Whitcombe-street, and said he had the duplicate of a flute to sell - I went to look at it at Mr. Duprees; I bought the duplicate for 12s. - 30s. had been advanced on it.

EDWARD DYER . I am in the service of Mr. Dupree, a pawnbroker. On the 10th of August the prisoner pawned this flute with me; I knew him as a customer - I do not know his family.

Cross-examined. Q. Are you aware that Mr. Dupree is acquainted with his mother? A. I do not know; he asked 2l. for the flute, I lent him 30s. - I heard him point out a person at the office who gave it him.

NOT GUILTY .

1619. JOHN NEWMAN was indicted for embezzlement .

JOHN ARROW . I am an auctioneer and appraiser , and live in King-street, Bloomsbury . The prisoner was in my service, and if he received money he was to bring it to me immediately - he never paid me 7l. 7s. from Mr. Scott - he had been with me about five weeks, and left me on the 3rd of February; I never saw him again for five months - there were no wages due to him.

Cross-examined by MR. MILLER. Q. Has he not parents who have been tolerably strict with him? A. I believe not; I did not see him again till the 27th of August; he did not tell me he had lost the money and was afraid to return - his father told me so; I have not heard where he slept that night.

WILLIAM PULTENEY SCOTT . I paid the prisoner, on the 3rd of February, 7l. 7s. for the prosecutor - he gave me this receipt; I wrote it, and he signed his name to it between twelve and one o'clock in the day - there were seven sovereigns and some silver.

JAMES HERBERT . I am an officer. I took him up near his father's door.

Cross-examined. Q. Did he not tell you where he had lost the money? A. No.

Prisoner's Defence. I did not mean to rob my master; when I went to this gentleman's I asked if he would have a receipt; he said he did not mind, but he got one - if I had intended to rob I should not have given a receipt.

JANE BAILEY . I have known the prisoner fourteen years; I live in Charles-street, Drury-lane, and go out charing; when he lost this money he came to me crying bitterly - I said, "John, what ails you?" he said, "I have lost my employer's money, and if you will let me stop here to-night, from my father's, I will thank you;" I put him to bed with my son that night, and in the morning I gave him 6d. - he said he would go home to his parents.

COURT. Q. What time did he come to you? A. Between seven and eight o'clock in the evening - it was some time in February; I told his father of it afterwards, and he could not find him; about five or six weeks ago he came to me without a shirt, or a bit of shoe to his foot.

GUILTY . Aged 19.

Confined Six Months .

1620. WILLIAM ASHLEY was indicted for stealing, on the 25th of August , 5 silver spoons, value 20s., the goods of Theophilus Barnes ; and 3 gowns, value 40s., the goods of Sarah Barnes .

THEOPHILUS BARNES . I am master of Shelton's charity-school ; the prisoner was a scholar there. We missed one silver spoon on the 17th of August, and four on the 25th - these are them.

SARAH BARNES . I am the prosecutor's daughter, and live at the school in Denmark-street , adjoining the vestryroom of the church. On the evening of the 25th of August I went out for a walk with my father and mother; my mother locked the top room door, and put the key in the kitchen - my father locked the gate, and put the key into his pocket; I returned home alone at a quarter before eight o'clock, and found the top door was then open - I went into the room, and there I saw a trunk which I had left shut, but not locked; the things were all in disorder - I then went into the parlour, and missed four silver spoons from the dining-table, which I had left after dinner; when my father came home I mentioned the circumstance, and then I missed three gowns from the bed-room - the prisoner was taken up the same evening; we did not miss the seal till it was found on the prisoner.

Cross-examined by MR. MILLER. Q. Were you at the Police-office? A. Yes, the next morning; I believe the prisoner did mention a boy named Saunders, who I think has instigated him to do it - I have known him ever since March; he had a good character: he had the key to come in, in his turn to clean the boots and shoes.

JOSEPH COLE . I am a constable. I heard of the robbery, and went to the prisoner's house in Drury-lane; I found him in bed, and asked him if he knew any thing at all about this property - he said No: his mother took out of his pocket two half-crowns, a heart, and a seal, which she said he said he found in St. James'-park - I questioned him rather closely, and his father and mother told him it would be better to tell the truth; he then said he had pawned the spoons and dresses at Mr. Newby's - that he tore up the duplicates, and threw them down by a lamppost; I went there, and found the bits of them; he wanted to say something to his brother in secret, but I would not let him - he then told me there was a purse under the bed; I went and found it, it had a sovereign, two shillings, and a sixpence in it; he said a boy named Saunders had been speaking about the money, and had instigated him to do it - I could not find who he was; the things had been pawned for 1l. 11s.

Cross-examined. Q. Did he say Saunders instigated him to steal them? A. No, he said to do it - he did not tell me that Saunders was in the service of the surveyor of the sewers, nor do I believe he has any boys in his employ- I found this key in his pocket.

COURT. Q. Did he use the word "Instigated?" A. I do not know that he did - I do not know that his statement followed the mention of the pawning.

WILLIAM WILCOX . I am a pawnbroker. The prisoner pawned these things with me, between six and nine o'clock in the evening; I have known him fifteen months - he frequently pawned things for different people in the neighbourhood; he said these things were pawned for a Mrs. Shepherd, to make up her rent - I do not know that he ever pawned plate with me before, but he has pawned very good articles.

Cross-examined. Q. Did you know the neighbours for whom he has pawned them? A. No; he said Mrs. Shepherd lodged at No. 3, Drury-lane - I knew him, and knew his mother - I had no suspicion of him; his parents, I believe, keep a house, but I am not certain of it; the things he pawned have generally been redeemed again.

CHARLES MOORE . On the 25th of August it was my turn to light the fires and clean the shoes; the prisoner came to me, and asked me for the key of the gate, and I let him have it. GUILTY. Aged 13.

Strongly recommended to Mercy, on account of his youth .

Whipped and Discharged.

1621. JOSEPH BEDFORD was indicted for stealing on the 23d of August , 1 pair of boots, value 20s. , the goods of John Scott .

JOHN SCOTT . I lost a pair of boots from the shew-room, where they had been left to be cleaned, on Sunday, the 23rd of August, about ten o'clock in the morning - I put them there on the Friday; the prisoner was in the same employ that I am, and had access to that place.

FRANCIS MACE . I am a constable. I received charge of the prisoner on another offence, and found on him the duplicate of these boots.

WILLIAM WILLIAMS . I am a pawnbroker. I took in these boots of the prisoner, and gave this duplicate, on Monday, the 24th of August.

Prisoner's Defence. I know nothing about the boots, or the duplicate either.

GUILTY . Aged 20.

Confined Six Months .

1622. WILLIAM BREEMER, alias BEAUMONT , was indicted for stealing, on the 17th of August , 1 waistcoat, value 10s.; 1 pair of shoes, value 10s., and 1 handkerchief, value 1s. , the goods of William Scales .

SAMUEL SCALES . I am a labourer, and live at Heston . On the 17th of August I lost a waistcoat, a pair of shoes, and a handkerchief, from my bed-room in my father's house; I left them safe when we all went out to work - when I returned at night they were all gone; the prisoner lodged at my father's, and slept in the same bed with me.

JAMES LEDGER . When the prosecutor came home, and missed these things, he told me if I saw the prisoner to take him; I did take him, and this waistcoat of mine was found on him at the time.

GEORGE WESTON . The prisoner was brought to me -I found two duplicates on him, which relate to Scales' things.

RICHARD HOLDING . I am a pawnbroker, and live at Old Brentford. I have a waistcoat, a pair of shoes, and a handkerchief, pawned with me, but I cannot say by whom- I gave this duplicate for them, on the 17th of August.(Property produced and sworn to.)

GUILTY . Aged 19.

Transported for Seven Years .

1623. SARAH BROWN was indicted for stealing, on the 2nd of September , 1 cap, value 7s.; 1 pair of stockings, value 2s., and 1 napkin, value 1s., the goods of Henry Hornblower ; and 1 apron, value 1s. 6d., the goods of Mary Forster ; and ELIZABETH BROWN was indicted for feloniously receiving 1 napkin, value 1s., well knowing it to have been stolen , & c.

HENRY HORNBLOWER . I live in Holborn . Sarah Brown was in my service, as a charwoman ; her mother, Elizabeth, used to mangle, and clean the pots - I missed a great many things from time to time: one day Sarah called at my house, and brought her child; on the child was a bed-gown of my child's - her mother was sent for; she said she did not know how it was, it might be some mistake in the mangling - some days afterwards Sarah passed the door again, with her child, which had a cap on belonging to my child; I apprehended her, and got a warrant - a number of articles were found in her box and in some drawers belonging to her mother.

Cross-examined by MR. MILLER. Q. What things were found? A. A pair of silk stockings, a cap, some napkins, and other articles - I certainly was not in her debt at all; she had access to the whole of the house - she was paid regularly when she had done her work; when she came to me with the child, she came to ask me to give her something; she perhaps might have had some things to wash, and then did the mangling; I should think there was a great deal of difference between the caps of her child and mine; when her sister came to compare caps, she wanted to withdraw mine and leave the other.

WILLIAM ECKETT . I am a constable. I went to the prisoner's lodging in Red Lion-street, and asked for the key of her box, which she gave me; I found a pair of silk stockings - these are the things which I have brought here.

MARY FORSTER . I live with the prosecutor. I know this cap, stockings, and napkins belong to him.

Cross-examined. Q. How do you know these stockings? A. Here is a hole which I mended; my mistress sent me to look for them, and they were gone - I recollect her working for Mrs. Hornblower while Mr. Hornblower was in prison - I knew she paid her money; the name over the door is Elizabeth Dyer - I do not know who she is; I do not know Mrs. Hornblower's maiden name.

Q. Upon your oath, who do you believe passes for Elizabeth Dyer? A. I do not understand what you mean; I cannot recollect when the name over the door was altered - I do not know whether it has been since he was a bankrupt; I do not believe the woman called Mrs. Hornblower is Elizabeth Dyer.

Q. Do you believe Mrs. Hornblower is Elizabeth Dyer? A. Yes - I do not know by whose direction Elizabeth Dyer was put over the door: the baby to whom this cap belonged is Mr. Hornblower's; these napkins belong to her, and this apron belongs to me.

HENRY HORNBLOWER re-examined. Q. Are these things yours? A. Yes - I bought this cap of Mr. Manning, near Museum-street; I cannot swear to the other things, because I have lost such a quantity - here is a handkerchief with the name of Topping on it, which I do not believe is mine.

Cross-examined. Q. When was this alteration of the name? A. About two months ago, after I had passed my examination; the name refers to my wife's mother -Mrs. Hornblower's name was Elizabeth Dyer ; I suppose this cap is mine; I purchased it for Mrs. Hornblower's baby; her mother does not live in the house - she is there at times; she lives out of town: she certainly has not lived there within the last two months - the rent has been paid to a gentleman in the country by the mortgagee.

Q. How comes the name of Elizabeth Dyer to be over the door? A. I put it there after my own was taken down - I decline stating in what church Mrs. Hornblower and I were married, or whether I am married.

Q. Upon your oath are not these the property of Elizabeth Dyer? A. They are mine; no person of the name of Elizabeth Dyer was ever married to me - most likely Elizabeth Dyer's baby has worn the cap; it was bought for my own baby - I shall decline answering for what women's baby it was bought.

MRS. FORSTER. I know this cap; I went as nurse to Mrs. Hornblower, and have been there these twelve months - it was bought for her child; I have washed and ironed it twenty times.

NOT GUILTY .

Third Middlesex Jury - before Mr. Sergeant Arabin.

1624. JOHN CANCE was indicted for stealing, on the 15th of August , 1 book, value 10s. , the goods of John Noble .

JOHN NOBLE . I am a bookseller . On the 15th of August I lost this book from my door - the prisoner was brought back with it.

RICHARD DENNIS . I saw the prisoner and another standing near Noble's shop; I was in and out of my own door - I watched them, and saw them go by; the prisoner had this Bible in his left hand, in an apron; I took him with it.(Property produced and sworn to.)

GUILTY . Aged 14.

Whipped and Discharged.

1625. CHARLES BOYD was indicted for stealing, on the 5th of September , 1 sovereign , the money of William Farmer .

WILLIAM FARMER . I was in the skittle-ground of the Two Brewers - I took the prisoner to be a waiter there, and sent him for change for a sovereign - he went to the bar, and then went out.

JOHN HEWITT , I am a hair-dresser. I saw the prosecutor give the sovereign to the prisoner, to go to the bar for change; he appeared to be a pot-boy there - I believe there were three pots of beer to pay for; the prisoner was taken again in four or five hours.

JAMES GILL . I am a constable of St. Bartholomew the Great, and was called to take the prisoner about nine o'clock in the evening of the 5th of September - he said he knew it was for a sovereign which a gentleman gave him, and he was very much obliged to him - he thought it was for setting up the skittles.

Prisoner's Defence. I had been drinking a good deal, and was rather tipsy; two strangers followed me; and said, "Don't return the change - I dare say he gave it you for setting up the skittles."

GUILTY . Aged 20.

Transported for Seven Years .

1626. HENRY COOKE was indicted for stealing, on the 2nd of September , 2 sheets, value 4s. , the goods of Robert Waters .

MARY WATERS . I am the wife of Robert Waters , who keeps the King's Head, Church-street, Bethnal-green . The prisoner came on the 1st of September and asked for two nights lodging; he slept there that night, and went away in the morning - I then missed the two sheets; he had paid for his lodging.

WILLIAM EDWARDS . I am assistant to Mr. Harvey, a pawnbroker, in Brick-lane. The prisoner brought these two sheets between seven and eight o'clock in the morning, and I stopped him with them, as I had had information from a Mr. Graham, the day before, that he had lost a sheet.

MARY WATERS . I believe these are mine, but there is no mark on them. He said, before the Magistrate, that he took them from the bed where he slept the night before.

GUILTY . Aged 22.

Transported for Seven Years .

1627. JOHN DAVIS and JOHN BRADBURY were indicted for stealing, on the 20th of July , 1 saddle, value 15s.; 2 stirrup leathers, value 2s.; 2 stirrup-irons, value 1s. 6d.; 1 girth, value 1s. 6d.; 1 bridle, value 5s.; 2 traces, value 12s.; 1 pad, value 7s., and 2 sacks, value 4s., the goods of William Waterhouse and another .

JOHN MORGAN . I am an officer of Islington. I know Mr. Waterhouse's premises. On the 20th of July, about half past three o'clock in the morning, I was riding down Highgate-hill, and saw Bradbury coming out of a field with a sack; he saw me and returned into the field; Davis then came out with a sack, and I asked what he had got there; he made no answer - I took the sack and found it was harness - I gave him to a watchman, then went and took the other prisoner; I found this other sack in a privy near where he was.

Prisoner Davis. Q. What was found in my sack? A. The riding saddle and bridle - I brought Bradbury out of the field before I took his sack.

JOSEPH BENNETT . I am in the service of Joseph and William Waterhouse. I manage their horse business, and know this harness to be theirs - it was kept at Holloway .

JAMES HICKFORD . This property was taken from the stable, which I locked at seven o'clock on the Sunday evening, and at six the next morning I found it broken open, and the lock laid by the side.

Davis's Defence. When Morgan brought Bradbury into the road, he was looking in his sack; there were several persons there, and one said it belonged to an ostler who had a stable there, and he knew it by the saddle.

DAVIS - GUILTY . Aged 19.

BRADBURY - GUILTY . Aged 20.

Transported for Seven Years .

1628. WILLIAM DEACON and EDWARD LAWRENCE were indicted for stealing, on the 24th of August , 2 brushes, value 2s. , the goods of William Dennish .

THOMAS HOBBS . I am a carpenter - William Dennish is a brush-maker , and lives by Whitechapel-church. On the 24th of August, at ten minutes to eleven o'clock, I saw the two prisoners looking into his shop window; Lawrence then came away; Deacon went and took the brushes off a nail; Lawrence was not more than two or three yards from him; they went off together - as soon as they turned the corner Deacon gave them to Lawrence, who took a handkerchief out of his hat and covered them over - I went into the shop, got an officer, and took the prisoners with the brushes.

Prisoner Deacon. Q. Where was I standing when they were taken? A. On the cill of the door; you reached up and took them off a nail.

WILLIAM DENNISH . These brushes are my property. I was not at home at the time.

Lawrence's Defence. They were given to me, and the young man asked me to carry them home - I was going home and was taken.

DEACON - GUILTY . Aged 18.

LAWRENCE - GUILTY . Aged 18.

Confined Three Months .

1629. JOHN DEVINE was indicted for stealing, on the 18th of July , 1 piece of mahogany, value 1l. , the goods of John Darbyshire .

THOMAS WHITE . I am porter to Mr. John Darbyshire , a cabinet-maker , of Whitecross-street . On the 18th of July, between six and seven o'clock in the morning, I was on the premises, and saw the prisoner taking up a piece of mahogany; he was just on the threshold of the door; there seemed to be another person with him; but I could not positively swear that - I saw the prisoner walk away with it - I followed, detained him, and called the prosecutor, who claimed it; the prisoner said he was employed by a person to carry it to St. John-street; the prisoner took it up, but I think there was some one who put it on his shoulder.

Prisoner. Q. Did not you see the other man put it on my shoulder? A. I said there were two, but you took the piece on your shoulder.

THOMAS WALKER . I am an officer. I have the mahogany, and took the prisoner.

JOHN DARBYSHIRE . This is my mahogany. I know nothing of the prisoner; my gate is partly open in the morning for the men to go in.

Prisoner. Q. Was there not a man in your yard? A. I went out and saw a man in my passage, but I did not know then that a robbery had been committed - the prisoner said another man gave it him to carry - I asked the other man what he wanted there; he said to buy some mahogany - I said I did not sell it; then my man came and said a man had gone off with a plank.

Prisoner's Defence. I had a paralytic stroke ten months ago, and it is impossible that I could take it up by myself.

GUILTY . Aged 50.

Transported for Seven Years .

1630. HENRY DEMSEY was indicted for stealing, on the 3rd of September , 1 writing-desk, value 1l. , the goods of Robert Smith .

JOHN JAMES . I am a Bow-street patrol. I took the prisoner in Surrey, about half past nine o'clock, on the morning of the 3rd of September, with this writing-desk; I asked him how he got it; he said a friend gave it him to sell - I asked where he lived; he said in some back street in Westminster - I took him to the watch-house, and found a bunch of keys and a brush in his pockets, and in his hat a number of papers and receipts.

ROBERT SMITH . I live in St. James's-place, St. James's-street . This is my property; I presume it was taken from my parlour; I had seen it the day before, to the best of my knowledge - the door is not open, except when the servant is cleaning the passage.

Prisoner's Defence. It was given me to sell.

GUILTY . Aged 28.

Transported for Seven Years .

1631. THOMAS EDWARDS and WILLIAM WILLIAMS were indicted for stealing, on the 22nd of July , 6 printed books, value 7s. , the goods of William Sharpe .

WILLIAM REYNOLDS . I am a constable. At half-past nine o'clock, on the 27th of July, I was in High-street, Pentonville; I saw Williams running out of Hermes-street, and Edwards came, in about a minute, in the same direction - I took Williams, and found four books on him; Edwards was stopped at the same time, and these other two books were found on him - I went and informed Mr. Sharpe, a bookseller, who lives in the main road.

WILLIAM SHARPE . I am a bookseller . These are my books; I know them perfectly well; they were taken from a stall in the front of my premises - I had not seen the prisoners before.

Edward's Defence. I had been out of work a long time, or I should not have done it.

EDWARDS - GUILTY . Aged 27.

WILLIAMS - GUILTY . Aged 31.

Confined Six Months .

1632. WILLIAM GRAVES was indicted for stealing, on the 29th of July , 1 plated waiter, value 15s. , the goods of Edward Bullock .

WILLIAM KIBBLE . I am a porter, and am generally employed at Mr. Edward Bullock's auction-rooms in High Holborn . On the 29th of July he was not selling any thing, but the property was in the auction-room; I saw the prisoner in the room, and about half-past five o'clock I saw him take up a plated waiter, put it under his coat, and turn to walk out - I called to Mr. Bullock's man, and asked him if he saw the man take the waiter; he said,"No, stop him." I followed him up Southampton-street; I called Stop thief! and saw him take it out of his coat, and throw it down an area - I followed him to Silver-street, and brought him back; he said, "What is the matter?" -I said, "There is not much the matter, but you must go back with me." This is the waiter.

Cross-examined by MR. LEE. Q. This is a public auction-room? A. Yes; there were four or five persons there - I did not particularly notice him while he was in the room, but I can swear he is the man; I did not lose sight of him after he left the room - I suppose it was found about fifty yards from where it was taken; I swear this is the waiter - it was given me from the area; I suppose the prisoner went twenty yards from the area before he was taken - I do not know that this is the one he threw down.

COURT. Q. Did you see him take one from the room? A. Yes, he appeared to me to be sober; he walked and ran very steadily.

WILLIAM UNWIN . I am a porter to Mr. Bullock. I was in the back room when the prisoner took this out of the auction room; I did not see it taken, but saw it down Mr. Luke's area - the servant took it up and gave it me.

Cross-examined. Q. Did not the prisoner run a distance after it was said he had thrown this down? A. Yes, I suppose twenty yards; I lost sight of the waiter while I followed him - I then came back and knocked at the door, and they gave it me; there is no particular mark on it - here is a sort of cross; the servant came to the door - I should not like to swear this is the waiter; it is not my duty to inspect the plate - I know nothing about the waiter but what has been told me by the last witness.

NOT GUILTY .

1633. CHARLOTTE HAWKINS was indicted for stealing, on the 10th of August , 1 tea-pot, value 6s.; 1 time-piece, value 10s.; 2 sheets, value 2s., and 2 lbs. weight of feathers, value 2s. , the goods of John Woodward .

ANN WOODWARD . I am the wife of John Woodward - we live at Newington . The prisoner is my own sister - I left her in my house, to take care of it, on the 4th of August, and came home on the 10th - I then missed the property, and found it at the pawnbroker's; the prisoner lives in Spital-fields.

DICKINSON SOWERBY . I am a pawnbroker, and live in Brick-lane, Spitalfields. I have a tea-pot pawned by the prisoner on the 10th of August.

MARTIN SUTTON . I live with a pawnbroker in Brown's-lane. I produce a pillow pawned by the prisoner on the 10th of August.

JOHN ROBERTSON . I am an officer. I took the prisoner, and found the duplicate of the pillow pawned for 1s., and the tea-pot for 3s.

ANN WOODWARD re-examined. Q. Did you leave her any money? A. I left her plenty of victuals; I had more valuable property in the house - she is not married.

NOT GUILTY .

1634. ANN HEWITT was indicted for stealing, on the 8th of June , 1 rug, value 1s. 6d. , the goods of Thomas Williams .

MARY WILLIAMS . I am the wife of Thomas Williams . We live in Half-Nichol-street . On Whitsun-eve I lost this rug from a seat by the fire-side, and on the Monday following I found it at a broker's shop, hanging up for sale -I know it by a particular mark on it; I have a pair of them - I know nothing of the prisoner.

JOHN JOHNSON . The prosecutrix came to me on the 8th of June; I went with her to a little broker's shop, where this rug was hanging up - she swore to it, and pointed out a particular thread that ran round it.

NATHANIEL HUBBARD . I am a broker. I bought this rug of the prisoner on the 6th of June for 1s., which was all she asked - I knew nothing of her before; I gave her the full value for it - I could sell new ones for 1s. 6d.

The prisoner put in a written defence, denying that she had ever been in possession of the rug, or ever seen the broker.

NOT GUILTY .

1635. ANN HILLYER was indicted for stealing, on the 28th of July , 5 pairs of gloves, value 4s. 6d. , the goods of Philip Palmer .

PHILIP PALMER . I live at Highgate , and am a linen-draper . On the 28th of July the prisoner came to my shop in the evening, in company with two other persons; they asked for some silk, and one of my young men showed them some - there were some gloves on the counter, and some of them got on the floor; I saw the prisoner stoop and push something under her clothes - as soon as they were served they went out, and when they had got about five doors, the prisoner was pursued and brought back; she produced these gloves - they had paid for what they bought, which amounted to about 4s. - I know the prisoner very well; she is married, and lives in the neighbourhood - she had dealt at my shop.

Cross-examined by MR. LEE. Q. Was your attention directed to her? A. Yes, perhaps more from the person she was with, than from her own conduct; I did not charge her with it when she stooped down - we let her go away to be sure of the matter; I knew she had taken something - she was then about two yards from the door; I do not recollect these gloves, but I had seen some gloves on the counter - when she returned she produced these, and said she picked them up at the door; there is nothing on the gloves that I can swear to.

WILLIAM NEWINGTON . I was serving in the shop - I saw the three women come in; I began to show them some silk, and then another young man took them - I stood opposite, putting away some goods; I saw some gloves on the counter were pulled off in some way, but I cannot say how - the prisoner stood opposite them; I saw her stoop - I do not know what she picked up; the others paid for what they had - when they went out I followed them, and overtook the prisoner; I asked her to walk back with me - she came back and produced the gloves, which she said she picked up at the threshold of the door - I believe they are my master's.

Cross-examined. Q. Did the three persons staud together? A. No, a little distance; there was no one else near enough to pull the gloves off.

JOSEPH WILLIAMS. I am an officer, and took the prisoner.

Prisoner's Defence. The gloves were not concealed: I said, "I picked them up at the door" - I had no shawl or cloak on.

NOT GUILTY .

1636. JAMES JONES was indicted for stealing, on the 26th of August , 1 jacket, value 4s., and 1 pair of trousers, value 3s. , the goods of William Arnold .

JANE ARNOLD . I am the wife of William Arnold . The prisoner and two other boy s came into our shop on the 26th of August, and asked for a pair of braces - I showed them some; the prisoner said he had not money enough to pay for them - they came to 1 1/2d., and he wanted me to take 1d. less; I said I could not, and they all went away- they then returned with the 1 1/2d.; I did not miss these articles, but Mr. Brown saw them with them, and I knew they were mine.

EDWARD BROWN . I am an upholsterer. I saw the prisoner and two others come out of the prosecutor's shop- the prisoner had a bundle in his apron; he ran off - I took him with these articles in his apron.(Property produced and sworn to.)

GUILTY . Aged 12.

Judgment Respited .

1637. JOSEPH UNWIN was indicted for stealing, on the 15th of July , 36 lbs. weight of cherries, value 4s.; 2 baskets, value 2s.; 1 pair of scales, value 1s., and 2 weights, value 9d. , the goods of Thomas Powell .

THOMAS POWELL . On the 15th of July I sent the prisoner to Whitechapel to sell 36 lbs. of cherries - he had two baskets, one pair of scales, and two weights; I went some time afterwards to see how he got on - he said, very well, but complained of the scales - I went and brought him another pair, but when I came back he had absconded; I had employed him about a week - I could not find him till the Friday; he had the scales and weights, and one basket - I never sent him out alone before.

EDWARD JOHN BELL . I am an officer. I took the prisoner on the charge of stealing the cherries - he was then selling fruit in front of Vauxhall-gardens - he had this basket, these scales and weights; he said he had run away, but he meant to pay for them some time or other.

NOT GUILTY .

1638. WILLIAM ROBINS was indicted for stealing, on the 22nd of August , 1 ham, value 6s. , the goods of Richard Sharwood .

RICHARD SHARWOOD . I live at No. 3, Willow-row. Kentish-town , and am a cheesemonger . About nine o'clock, in the morning of the 22nd of August , I saw the prisoner go down the steps of my shop with a ham - I ran up stairs, pursued, and took him with it.

Prisoner's Defence. I bought it of a man in the road- I was going by the shop, and the gentleman pursued me, and said it was his property; I gave it up immediately - one of the carmen said he would aver the same thing; I do not know whether he is here.

RICHARD SHARWOOD . I saw no person near him. except three or four who were pursuing him - I have made inquiries about him; his character has been respectable.

GUILTY . Aged 27.

Confined Fourteen Days .

OLD COURT.

THIRD DAY. SATURDAY, SEPTEMBER 12.

First Middlesex Jury - before Mr. Sergeant Arabin.

1639. ELIZABETH SWIVER was indicted for stealing, on the 7th of August , at St. Andrew, Holborn, one 10l. Bank note, the property of Robert Rochester , in his dwelling-house .

PHILLIS ROCHESTER . I am the wife of Robert Rochester , who is an assistant to Mr. Hand, a messenger , and lives at No. 12. Southampton-buildings, Chancery-lane - I do not know the parish. The prisoner had been living with us as maid servant between six and seven months; I changed a cheque at Dixon and Co.'s, Chancery-lane, for 11l. 0s. 8d. on the 6th of May, and received a 10l. Bank note for it - I have the cheque here; I put the note into a drawer in my own bed-room, which was locked - nobody but the prisoner had access to the room; I missed the note on the 4th of August, she was taken on Monday the 6th - the last time I saw the note was on the 5th of July; I found my drawer locked as I had left it; I frequently left my bunch of keys in the kitchen drawer; on missing the note, I went down and told her the note was taken from the drawer, and I suspected she must have taken it, for nobody else could have done it; she said at first that she did not steal it she took it by mistake; I said it was impossible for her to make a mistake - she then said she had taken it and changed it at the baker's, and spent part of the change; she said this before I threatened to send for an officer - I had no other 10l. note in the house.

JOHN ARCHER . I am a baker, and live in High-Holborn. Southampton-street is in the parish of St. Andrew, Holborn; the prisoner frequently came to the shop - I do not remember giving her change for the note at all; I do not remember taking a 10l. note from her at all; I wrote my name on a note which I received in my shop; I was examined before a Magistrate and signed my deposition - it was read over to me - this (looking at it) is signed by me, it is the same as I say now; I say to the best of my belief, I took the note of the girl.

Q. You have not said that now? A. I did not tell the Magistrate I was positive of the prisoner; I know her, and know she lived with the prosecutrix; I do not remember the circumstance, though I know I did take the note, because I have written the prosecutrix's name on it, and said at the office I believed I did take it of the prisoner, and I do believe I received it from her - I wrote on it, "Mrs. Rochester, 12, Southampton-buildings," this is the note(looking at it) I have put that name on it.

GEORGE DYER . I am a clerk in the Bank, and produce a 10l. note, No. 13,155, from the Bank, where it has been paid in.

STEPHEN PEGLER . I am a clerk to Messrs. Dixon and Co., Chancery-lane. I have an entry of having paid this cheque, drawn by Mr. Humber, to Mrs. Rochester, by a 10l. note, No. 13,155.

ANDREW LLOYD . I am an officer. I was sent for by Mrs. Rochester; I went to a house in Holborn on the 10th of August and saw the prisoner; I held out neither threat or promise to her; she said she took the 10l. note from her mistress, and changed it at the baker's, and that a girl, who I took up at the same time, had taken part of the change from her.

GUILTY - DEATH . Aged 16.

Strongly recommended to Mercy by the Prosecutrix and Jury, on account of her character, and believing it to be her first offence .

1640. TIMOTHY DRISCOLL was indicted for feloniously assaulting Jane Teasdale , on the 30th of August , at St. George, and putting her in fear, taking from her person, and against her will, 1 reticule, value 5s.; 1 sovereign, and 20 shillings, her property .

JANE TEASDALE . I am single , and live in John-street, Commercial-road. On the 30th of August, between seven and eight o'clock in the evening, I was in Watney-street , Commercial-road - I had my reticule round my arm hanging by a double chain; it contained 30s. in money, two pieces of coin in a purse, a pocket handkerchief, a bunch of keys, and a silver fruit knife - the prisoner did nothing to me, but wrenched it violently from my arm - but some body else struck me on the back.

Q. Did the person who took it come behind you or meet you? A. He met me; it had a double chain, and was pulled away with a tremendous pull; he gave a tremendous pull before he got away - it was not a sudden snatch but a wrench; my arm was very sore afterwards, for some time the clasp of the chain broke - he got the reticule, and rushed away with it - I called Stop thief! and he called Stop thief himself! somebody then came behind, struck me on the back, and made a catch at me, to prevent my running in pursuit, but he was taken directly on the spot, without being out of my sight; he is the man -I am quite sure of it - it happened on Sunday evening; my purse was found on the Wednesday following, over a garden wall, which the prisoner passed.

Cross-examined by MR. PHILLIPS. Q. I take it for granted you were very much agitated? A. I was - I had never seen him before; it was done momentarily - there was a person standing at a door as I passed round the corner, and her brother pursued him; I had to turn a corner in following him, but did not lose sight of him.

GEORGE ANDERSON . I am a journeyman baker. I was in Dean-street, standing at my father's door; I heard a cry of Stop thief! and saw the prisoner running and calling Stop thief! his hat dropped off - he did not stop to pick it up, so I thought he was the thief himself - he was coming towards me; I told him if he did not stop I would knock him down - he paid no attention to that -I ran after him up Dean-street and laid hold of him, but missed my hold; I secured him at the top of Dean-street; he said he had done nothing, he was not the thief, and was very resolute to get away - I held him, and said,"What as he robbed;" the lady said he was the man immmediately; I took him into a public-house, as the rest of the persons round said I should not illuse him.

Cross-examined. Q. Were not a good many persons behind pursuing him? A. Several were running after him, calling Stop thief! whether that hid him from the lady I cannot say - I did not see her till she came up to me - if I had let my hat fall I should have stopped to pick it up- I kept very close to him; there was nobody between him and me, I swear - I did not see him do any thing; the others were all just behind him when I first met him.

Prisoner. I leave every thing to my counsel.

Three witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 22.

Recommended to mercy by the Prosecutor, on account of his friends .

Second London Jury - Before Mr. Justice Gazelee.

1641. RICHARD GIFFORD was indicted for that he, on the 6th of March , at St. Christopher le Stock , feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counfeited, and did willingly act and assist in the false making, forging and counterfeiting a certain transfer of a certain part, to wit, 125l., then and there standing in the name of William Green , and being part of certain Annuities, established and made transferable at the Bank of Engand, by an Act of Parliament made in the 25th year of George II, entitled, "An Act for converting the several Annuities therein-mentioned, into several joint stocks of Annuities, transferable at the Bank of England , to be charged on the Sinking Fund, &c.", and by divers subsequent Acts in that behalf made and provided, the tenor of which said false, forged, and counterfeit transfer is as followeth:-

No. 23,151. I, William Green, of Crucifix-lane, Bermondsey, brazier , this 6th day of March, in the year of our Lord 1829, do assign and transfer 125l. of my interest or share in the joint stock of 3 per cent. Annuities, erected by an Act of Parliament of the 25th of George the second, entitled, "An Act for converting the several Annuities therein mentioned into se veral Joint Stocks of Annuities transferable of the Bank of England, to be charged on the Sinking Fund;" and by several subsequent Acts, together with the proportional annuity of 3 per cent, per annum attending the same, unto James Clelan , of the Stock Exchange, gentleman, his executors, administrators, or assigns.

Entered by W. ROGERS. Witness my hand, W. GREEN.

Witness to the identity of Wm. Green,

THO. LINTON. Witness B. OVINGTON.

with intent to defraud the Governor and Company of the Bank of England ; against the Statue.

2nd COUNT, for uttering and publishing the same as true, with the like intent.

3rd and 4th COUNTS, like the 1st and 2nd, only stating his intent to be to defraud William Green .

5th and 6th COUNTS, the same as the 1st and 2nd, only stating his intent to be to defraud James Clelan .

TWELVE OTHER COUNTS, varying the manner of stating the charge, and reciting the various acts passed relative to the said Stock.

The prisoner pleaded GUILTY - DEATH . Aged 26.

1642. RICHARD GIFFORD was again indicted for that he, on the 22nd of July , at St. Christopher le Stock, feloniously did forge and counterfeit a certain dividend warrant , as follows:

No. 58,391. Consolidated 3 per cent. Annuities.

154th - 29,333. To the cashiers of the Bank of England. Pay to Richard Mann, Chelsea, the sum of 4l. 10s. for half a year's annuity, at 3 per cent, per annum, which became due on the 5th of July, 1829, on the sum of 300l. interest or share in the joint stock of Consolidated 3 per cent. Annuities, &c. &c.

Examined, H. D. H. BLAKE.

I do hereby acknowledge to have received of the Bank of England the above-mentioned sum, in full payment for half a year's annuity due as aforesaid. Witness my hand, this 6th day of July, 1829. RD. MANN.

Witness, G. TAYLOR.

with intent to defraud the Governor and Company of the Bank of England; against the Statute.

2nd COUNT, for disposing of and putting away a like warrant, knowing the same to be forged and counterfeited, with the like intent; against the Statute.

3rd and 4th COUNTS, like the 1st and 2nd, only calling it a certain receipt for money instead of a dividend warrant.

EIGHT OTHER COUNTS, varying the manner of stating the charge.

The prisoner pleaded GUILTY - DEATH . Aged 26.

Before Mr. Justice Gazelee.

1643. JAMES SUFFOLK was indicted for that he, on the 28th of August , at St. Mary-le-Bow , feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting a certain will and testament , as follows:

This is the last will and testament of me, Thomas Brandrith , of Langley, in the County of Kent, bachelor, made this twentyeighth day of August, in the year of our Lord, one thousand, eight hundred, and twenty-eight. First, - I hereby revoke and make void all former wills and testaments, by me at any time heretofore made, and of this, my last will and testament, do constitute and appoint James Suffolk, of Langley, in the said County of Kent, yeoman, sole executor; I give, devise, and bequeath all and singular, my real and persenal estate and effects, of what, now, here, or kind soever, into the said James Suffolk, his heirs, executors, administrators, or assigns, for ever, he paying all my funeral expences of being interred, in the parish church-yard of Langley, in the said County of Kent, all my money invested in the funds In the bank of england, whatsoever and wharesoever, I give to the said James Suffolk, of Langley, in the said County of Kent; in witness whereunto, I set my hand and seal, this twenty-eight, and in the eighth year of the reign of our sovereign Lord, george the Fourth, of the United Kingdom of Great Britain and Ireland, defender of the faith, and in the year of our Lord, one thousand, eight hundred, and twenty-eight.

THOMAS BRANDRITH , his X mark.

(Witness) MICHAEL WHYMAN ,

FRANCIS TROWEL , SEN., his X mark,

LUCY WHYMAN,

The aforesaid will, containing one sheet of paper. with intention to defraud James Makin and Catherine his wife , and James Harrison and Elizabeth his wife ; against the Statute, &c.

2nd COUNT, that he on the same day, at the same parish, feloniously did utter and publish as true, and cause and procure to be uttered and published as true, a certain other false, forged and counterfeited will and testament, as follows: (setting it out as before) with a like intent; he at the time he so uttered and published as true the said last-mentioned false, forged and counterfeited will and testament, well knowing, &c.; against the Statute, &c.

3rd COUNT, that he on the same day, at the same parish, feloniously did offer, dispose of, and put away a certain other false, forged and counterfeited will and testament, as follows: (setting it out as before) with a like intent; he at the time when he so offered, disposed of and put away the said last-mentioned false, forged and counterfeited will and testament, well knowing, &c.; against the Statute, &c.

4th, 5th, and 6th COUNTS, the same, only stating the intent to be to defraud the next of kin to the said Thomas Brandrith , deceased, at the time of his death.

7th, 8th, and 9th COUNTS, like the first three Counts, only stating the intent to be to defraud the Governor and Company of the Bank of England .

10th, 11th, and 12th COUNTS, like the first three, only stating the intent to be to defraud the said James Harrison .

13th, 14th, and 15th COUNTS, with intent to defraud the said Elizabeth, the wife of the said James Harrison .

16th, 17th, and 18th COUNTS, with intent to defraud the Right Reverend Father in God Charles James , by divine permission Lord Bishop of London , Ordinary of the Diocese of London.

19th, 20th, and 21st COUNTS, the same as the 7th, 8th, and 9th, only omitting the names of the attesting witnesses.

22nd, 23rd, and 24th COUNTS, like the 10th, 11th, and 12th, only omitting the names of the attesting witnesses.

25th, 26th, and 27th COUNTS, the like, only with intent, as in the 13th, 14th, and 15th Counts.

28th, 29th, and 30th COUNTS, the same, only with intent, as in the 16th, 17th, and 18th Counts.

MESSRS. BOLLAND and BRODRICK conducted the prosecution.

JAMES MASELY . I am a labourer, and live at Langley, in Kent; the deceased, Thomas Brandrith, lodged with me at the time of his death, and occasionally for years before - he came last the latter end of August, 1828; he had been in the army. He had been with me three weeks; on the 13th of September, 1828, he came home to his lodging, at ten o'clock that night, fell forward out of his chair, and almost immediately expired: I knew the prisoner; he is a pensioner, and lived about forty roods off; he had been in the army, and was acquainted with the deceased - I went to his house, and told him what had happened; he and his wife came back with me to my house, stopped there all night, and left about six o'clock; after they were gone I found two keys belonging to the deceased, and took them to the prisoner's house - the deceased had a portmanteau at his house; I gave him the keys - he asked me to go up stairs, and see the portmanteau unlocked; I went up with him; he unlocked it, and opened it in my presence with one of the keys I took; it was searched in my presence, and two papers found in it, which appeared about the size of a letter; Suffolk did not appear to take any notice of them - he did look at them, and said they were Brandrith's soldiering papers; I did not see any other papers in the portmanteau; (looking at a will produced by J. Beams) I saw no paper of this sort found in the portmanteau - I saw it emptied; there was some wearing-apparel and things, and two sovereigns.

Cross-examined by MR. ADOLPHUS. Q. Suffolk was an acquaintance of Brandrith's? A. Yes; he was with him almost every day, and only came to my house to sleep - he came down from year to year to visit him; I have seen him there for years; and I believe he slept with me, because Suffolk had no place for him to sleep; the prisoner asked me to go up to see the portmanteau opened; he looked at the papers carelessly, and said they were soldiering papers.

Q. Looking at this paper folded up as it is, can you undertake to swear it was not among them? A. I cannot; the things were turned out of the box, and put in again - some were not taken out; I believe they were all turned over, and all moved; but some might not be taken out - it was a leather portmanteau, lined with paper, I think; I think the lid was lined.

Q. Was any search made in the lining of the lid? A. I cannot say that I saw any part of the lid open - Suffolk took the two sovereigns; I do not know that he paid for the funeral; all the time I knew Suffolk and Brandrith they seemed very friendly, and always walked about the common together - I was with them but very little; Brandrith never told me what he or his family were; I never heard him say what he meant to do with his property after his death - I knew a man named Whyman in the neighbourhood; I fancy he has been a schoolmaster; I do not know that he used to do writing for the neighbours - he lived at Sutton Valence, and has gone away; I do not know that search has been made for him - people have been enquiring after him: I never heard of his being found.

MR. BODKIN. Q. What sort of a lining had the portmanteau; do I understand that it was lined with paper? A. The sides and the bottom; I think the inside of the lid was lined with cloth, or something - I went up at the prisoner's desire to search it.

WILLIAM HENRY GAMBIER , ESQ. I live at Langley, and know the prisoner; he came to me early on the Sunday morning as the deceased died on the Saturday night, and asked if it was necessary to have a Coroner; I told him he must have one, on hearing the particulars of the man's death - I asked if he knew any thing of the deceased; he said he did, that he was an old comrade of his; I asked whether he had any property - he said, "Yes, considerable." I asked what he meant by that - whether it was any thing he derived an income from, or if it was property; he said he had property in the Bank of England -I then asked if he knew whether he had left any will; he said No - I asked if he had any near relations that he knew of; he said he had a sister, and he believed she lived in the City of Chester - that he knew her maiden name, but did not know her name now; I told him she ought to be informed of his death, as the property was hers - he said of course the property was hers; he then said, the weather was hot, and the man must be buried, there was not time to give her the information, for he would not keep, and as there was sufficient property to bury him; he would bury him, and when they came, if they liked to pay him the expenses of burying him, he would give them up the property, which I understood was the money and different things which were found - this was about half-past eight o'clock in the morning; we always breakfast at eight, and were at breakfast when he came - he said he would write to the sister, and went away; I saw him again on the 1st of June this year; I had met him once before that in the road, near Christmas, and asked if he had ever had any answer from Brandrith's sister; he said No, the letter had been returned to him from the returned letter office, as they could not find her - I asked if he ought not to take other means to endeavour to find her out; he said he would write again - this was, I think, two or three days before Christmas; I recollect nothing more passing then. On the 1st of June Mr. Matheson came to me with a letter of introduction from Manchester; I went with him to Masely's house - he wished for information about the death, and to see Masely and the witnesses attesting the will, of which he shewed me a copy; while we were at Masely's, Suffolk came up to the door - I said to Mr. Matheson, "There is the man himself;" Matheson at first said he would not take any notice of him - he afterwards said to me, "I think I may as well at once;" he then called to him and asked whether he had not taken some money under a will of Brandrith - he said he had, that Brandrith had made a will, by which he had made him whole and sole executor, and left him all his property; that he had administered to that will, and had taken more than 300l. from the Bank of England - I then said to him, "How do you account for this? you told me Brandrith had made no will, and now you say he has made a will, leaving you executor and all his property?" he was very much confused, and hesitated for some time - at last he said, "I know I did, I did not then know that there was a will;" we asked him how long it was after Brandrith's death that he found the will - he said it was about a month; I said to him, "It is very extraordinary the will should bear date on the 28th of August, and he die on the 13th of September, and you living in so small a cottage, he should not tell you any thing about it, and that you should not know any thing about it;" we then asked him who made the will; he said he did not know that he was bound to tell - Mr. Matheson said he did not know that he was bound to tell, but he would most likely be made to tell in some other place, if he would not tell him; we pressed him very much to tell who made the will, and he said to Mr. Matheson, "I should like to know who you are;" he said, "I am an attorney at Manchester; I am sent here by the deceased's sister: and unless you like to give up the money I shall take proceedings against you, and very briskly" - he said he did not wish to hurry him, he might take his time about it and should confer with Messrs. Hoare and Beal, whom he should appoint his agents; Matheson asked him several times after, I should think a dozen times, to tell who made the will, and then we left him and went away - we asked if he could bring any respectable person forward who was present and saw the will made or any thing of that sort, but he would not give any answer - I do not think any inquiry was made of him respecting the witnesses; Saturday following (the 6th) I went to his house and told him I had received a letter from Mr. Matheson, wishing me to ask him two questions and he must do as he pleased about answering them; I would read the questions as they were written in the letter - one question was, at what precise time he wrote to the sister of the late Mr. Brandrith, and how and when he learned that the letter had been returned; he said he wrote on the Sunday, the day after the poor man died; that he got Rouse to write, and did not write himself; that he did not know the date of the return of the letter, but it was some considerable time (he told us in the conversation, on the 1st of June, with Mr. Matheson that when he found the will it was between the lid of the trunk and the lining, and about a month after the deceased's death - I asked him whether it was probable a man, who had made an instrument like a will, which was only to come in use after his death, would hide it where it most probably never would be found; he made no reply) - the second question I was to ask him was, "How long after Mr. Brandrith's decease it was when he found the will, as he stated, under the lid of the trunk?" he said he thought it was more than a month; he then asked me some questions about the matter- I told him I had no doubt Mr. Matheson would proceed against him, and that he knew best about the will, if it was a genuine will; he had better produce the witnesses or those who saw it made, that he might avoid getting into trouble, as I did not know in what way Mr. Matheson would proceed, but I thought most probably by a warrant - I told him if Mr. Matheson proceeded by an action against him it would put him to a considerable expense, even if the will was correct; he said a law suit would ruin him, he had better give up the money - he asked me for Mr. Matheson's address, which I gave him; I asked if he could told me the name of the sister, as I had forgotten it, though Mr. Matheson had told me- he immediately said her name was Makin, but I am not quite certain whether Mr. Matheson did not tell him her name on the 1st of June.

Cross-examined by MR. BRODRICK. Q. When you and Mr. Matheson first saw him you did not tell him, in the first instance, who Mr. Matheson was? A. No; I have not stated the conversation quite exact in point of time - he was asked who made the will full a dozen times; he was asked two or three times before Mr. Matheson told him who he was, and several times after - he asked who Mr. Matheson was before he was told he would be made to tell who made the will.

Q. It was on some interference of Mr. Matheson that he asked who he was? A. Yes; he asked the prisoner two or three times who made the will, and then the prisoners said, "I should like to know who you are?" but he was also asked after that who made the will.

Q. Finding he was an attorney who came to claim the property, he declined answering him some question? A. Yes; it was after Matheson told him who he was that he said he should proceed pretty briskly - he answered both the questions I put to him from Matheson's letter; I know Whyman by sight; he can write, but not very well - I believe he has been in several different businesses; he has been rather unfortunate; the only thing I know of his having written is a notice, but not in very good writing - I believe he has left the neighbourhood entirely.

COURT. Q. Repeat the answer Mr. Matheson gave when asked who he was? A."I am an attorney of Manchester, and am sent here by the sisters of the deceased to inquire about the will;" Suffolk said "I only knew he had one sister" - whether either of their names were mentioned, I do not know.

JOHN BEAUMONT ROUSE . I am an auctioneer, and live at Sutton Valence. I was employed to bury the deceased; the prisoner gave me the directions for the funeral, he said if I would do it he would see that I should be paid - he knew Mr. Brandrith had died worth property, and he would see the expenses paid - he said he supposed there would be a will found, by which he expected the property would come to him, but if it was otherwise, the deceased had a sister living near Chester, and he wished me to write her (looking at a letter produced by the prisoner's counsel) this is the letter I wrote by his desire; it is written as from myself, and was returned to me from the post-office - (read.)

Sutton Valence, September 14, 1828.

MADAM - I am sorry to inform you that your brother, Thomas Brandrith died last night, in a few moments after he was taken ill; he was visiting at my house, where he had been a month - I should wish for you to come as early as possible, as I am aware that he has money and property to a considerable amount, and as he died so suddenly, his things are at several places, and as I understand you are the only sister, it is only right that you should have the property that he may possess, and a delay of your coming, a part of it may be made off with; he died in his full strength - he must be buried without delay, but I hope you will not fail coming immediately. Please to inquire for the Plough, in Sutton Valence, near Maidstone, Kent; the coaches leave the Borough four times a day. I am, &c.,

JAMES SUFFOLK .

To Mrs. -, maiden name Allen Brandrith , City of Chester, or elsewhere, since married, name unknown; from Thomas Brandrith - hopes this will be delivered immediately.

This letter was enclosed in the usual circular from the Post-office, dated the 16th of October, stating that the party was not known.

JOHN BEAUMONT ROUSE . The prisoner's letters are al ways left at my house - I broke this open myself - Langley is the adjoining parish to Sutton Valence; I was in the habit of seeing him frequently, almost daily - he came to me four or five days after the letter was sent, to know if I had received an answer; and so he did day by day - the letter was returned about a month after it was sent - I told him it was returned, and gave it him; a very few days after the letter was returned, he said if his sister was living, and there was no will, the property would belong to her - but he said he thought he knew the place where the deceased's trunks were in London, and he should go to London and see if it could be found there; he said he knew one place where there was a trunk, but he thought there were two or three different places where he had trunks.

Q. At the time he talked of going to London to search the trunk there, did he say any thing about the trunk at his own house? A. He said he had searched the trunk at his own house, but could find nothing there in the shape of a will; he said he should go to London to search the trunks, to see if he could find a letter to tell where the sister lived, if she was living; I cannot fix a date to this conversation; it was not many days after the return of the letter - he told me afterwards that he had been to London; I saw him on his return - I should think he had been absent a fortnight - he told me he could find no will; he paid me for the funeral after he returned from London; and when he paid me, I told him I was surprised how he could obtain the money without a will, as he told me he had got 380l. from the Bank; he had been to London twice; after he had been the first time I gave him a paper which I wrote; it was merely an account of what I had heard Mr. Brandrith say respecting him, both in his presence and out of it - I gave it him at his own request; and after he received that paper he went to London a second time; some time after that he paid me for the funeral - I do not think that was for nearly three months after the decease; he paid me about 14l., including money I had lent him - in answer to my question, how he got the money without a will, he said there was no will, but the paper I gave him was as good as a will; he said he had been at a great expence and trouble in getting the money - I think he stated he had received the 380l. from the Bank, both at this conversation and before- I saw him afterwards; he said it was very strange the sister had not written nor come up, as she must have heard of her brother's death; but he understood they were not very good friends - he came to me about the beginning of last June, and told me there had been a solicitor down respecting Mr. Brandrith's will; I said, "I thought you always told me there was no will" - he said there was a will - that Whyman had made a will - he asked me where Whyman was; I told him I had put him in possession, under a distress for rent, at Tunely - he was occasionally employed by me; he said he should go down and see him; (it is about twelve miles off) he came back next day, and told me he had been down and seen Whyman; I know Whyman's hand-writing; I have often seen him write (looking at the will) - I believe this to be Whyman's hand-writing; it is not the hand he usually writes; but it is his hand-writing, I am sure.

Cross-examined by MR. ADOLPHUS. Q. Do I understand that you knew the deceased and the prisoner both? A. I knew them both very well; he was on particularly intimate terms with the prisoner, and came down every year to pass some time at his cottage; they lived and boarded together on the most intimate terms - they frequently came to my house, which is a public-house, and it was always a matter of indifference who paid; I am a publican as well as an auctioneer - they frequently talked of the services they had been in together abroad; and I heard they were in the same corps.

Q. You communicated something he had said both in Suffolk's presence and out of it; was it not that he should leave Suffolk all he had in the world? A. No; Brandrith, when he was down the year before, told me he should stop about a fortnight longer in the country; he lodged at my house - he came home that night, and said he should go home next day - I said, "Why you said you were not going home?" he said, "Yes; but I cannot bear to stay here to see that poor Jem in such misery for the money he has lost by Boddin - I have told him not to grieve; I will take care of him as long as I am alive, and if I die I will take care of him; I am going home now to arrange my affairs" - this was in 1827 - he did not say when he should return to Sutton Valence; I saw him when he returned the following year - he lodged at my house then, and repeated the same sort of conversation respecting his intention towards Suffolk; I have heard him say the same sort of things several times, and one night in particular - when he gave Suffolk's wife his watch, he said, "Sally, when you hear I am dead, come and take my watch, it was given me by Lord Barrington; I should like to wear it all my life, and after I am dead it is your's;" he said Suffolk and him, between them. had money enough to bring them to their graves' end comfortably - he could not bear to see Mrs. Suffolk dragging about the leasing-field, when there was no occasion for it.

Q. Did he not say Mrs. Suffolk would have his watch, and the rest of his property would go to Suffolk? A. I do not think he ever said the whole of his property - he always said he should take care of Suffolk, he should secure Suffolk; I do not think he ever said he would leave him the whole of his property - he said Jem would have his property, or he should take care of him; I know it was his intention that Suffolk should have his property - he told me and my wife so when he has been talking to us; he has said he should give Suffolk property, but I do not think he ever said the whole of his property - I will not say, I have not stated that he said all his property should go to him, nor will I say Brandrith did not say so; I think it was before the prisoner's first journey that he told me he was going to London to look for letters to find the sister's direction - and on his return, I think he told me he had not got access to the trunks at all; I do not speak from dates, I only recollect this as a general conversation - I merely conjecture that it might be three months after the decease that he paid me.

Q. He told you Whyman had made a will - did he not, in the same conversation, say Whyman said he had made the will? A. Yes; he said Whyman told him he had made a will; but I said, "If there are any secrets in it don't tell me;" he said, "There are no secrets on my part;" I told him it had been said about the place that I had made the will - that I was out of it, and wished to keep out of it; I wanted to hear nothing about it; he said Whyman told him he had made the will for Brandrith, but I do not recollect any day being mentioned when it was made.

Q. Then Suffolk mentioned it as a matter Whyman had told him, not as knowing it himself? A. No; it was what Whyman had told him; I know Whyman very well - I believe he was always about that part of the country, not exactly at Sutton, but in the neighbourhood; he formerly kept a school; I do not know what has become of him now, I do not think he can be found - I have looked after him; I saw him on Sunday, the 15th of June, for the last time; I think Suffolk was in custody then, but am not sure; I told the constable if they wanted Whyman I knew where to find him; they said they did not want him; on the very day Suffolk was sent from Maidstone to London I met Mr. Makin, and said if he wanted Whyman I could find him; he said he did not want him that he knew of, there was nothing against him; the constable, I know, told me there was nothing against him.

MR. BODKIN. Q. Was the 15th of June the last time you saw Whyman? A. It was; I gave the prisoner a paper to the purport of the conversation I have stated relative to the disposal of the property; I was paid nothing for my trouble in drawing this paper - I received 3l. from him besides the funeral bill; I had been laying out of my money a long time; I charged him the same as was paid - I had not lent him the 3l. - it was for laying out of money, and I had lent him money; he made me a present of the 3l. as a compliment for that; it was a long time after I gave him the paper.

MR. ADOLPHUS. Q. You charged for the funeral exactly what the undertaker charged? A. I did; if it had been any body else I should have had a profit, but as I knew him I expected he would give me something without it; the 3l. had nothing to do with the paper.

COURT. Q. You stated, that in June he inquired where Whyman was, and you told him at Tunely? A. Yes; and he went there - I saw Whyman after that; I went to see him, most likely on the 7th day, as the goods would be condemned that day; I saw him in possession of the goods I had left him with - I have known the prisoner five years, he bore the character of an honest respectable man.

WILLIAM LEE . I am an officer of the Marshalsea. I have known the prisoner since November last, when I saw him at the Horse Shoe and Magpie, in Fetter-lane - the landlord informed me, in his presence, that the prisoner had applied to him to recommend him to somebody to advise him how to act respecting a debt from a man named Brandrith, who had died in his house - he stated that the person had died in his house and left no will; that he owed him 79l., I think - I told him he had better apply to an attorney; he told me there was property in a box at the Grosvenor Arms, Chelsea, but he did not know what it was; in a short time Mr. Beetham, an attorney, who was in the habit of calling at the house, came in - I introduced him to him, and said he was as fit a person as I knew to attend to his business; he stated to Beetham, that Brandrith had died in his house in his debt, that he had left no will that he could find, and there was a trunk containing some property, of which he had the key, at the Grosvenor Arms , Pimlico; Beetham said it was necessary a proctor should be engaged, and he went to Mr. Clarkson, at Doctors' Commons - either I or Beetham recommended him to apply to the landlord of the Grosvenor Arms to let him see the contents of the box to ascertain whether there was a will; he said if he obtained the amount of his debt he would pay both me and Beetham liberally - I believe that is all that passed then; I saw him next day - he told me the landlord of the public-house would not allow him to open the box; I had gone the day before with Beetham to the proctor, the prisoner was not there - I saw him several times every day for a fortnight nearly at the same public-house; the next circumstance I recollect, was going with Beetham and the prisoner down to Pimlico to examined the box, which was on the 8th of December, about a fortnight after I first saw him; Beetham applied to the landlord to let him see the box, and Beetham produced a will in the prisoner's presence - this is the will he produced (looking at it) - the landlord then delivered up the box to be examined; there were clothes, books, and some Bank Stock warrants found, but no will there; there was a quantity of letters and papers, but none of any importance - an inventory was taken of the different articles; I got a tape tied over the box, sealed it, and left it in possession of the landlord, taking away the inventory; a very short time afterwards I saw the prisoner, when he and his brother made an application to Beetham to give up the will; I heard the application made - he refused to give it up till his bill was paid; Beetham afterwards instructed me to go with him and the prisoner and his brother to fetch the trunk from Pimlico; we all three went with a man to carry it - the landlord delivered it to me and the prisoner.

Cross-examined by MR. BRODRICK. Q. At the public-house, he mentioned a box at Pimlico to be searched; did he say he thought a will would be found somewhere? A. Yes, he presumed it would be found in that box; he spoke as if he expected there was a will in existence, though it had not been found - no secret was made about it; it was known to us and to twenty other people - a man named Whyman was there on some occasions; the first time I saw him was after the will was produced; I saw him the day before or the day after the will was produced to the landlord - I did not go with Whyman to Doctors' Commons; I only went the first time with Beetham - I made an affidavit before the Lord Mayor; I saw Whyman once, twice, or three times.

Q. Was it not stated by Whyman that the will had been made by him, and found by him? A. Not in my presence - I heard nothing about the will, only that it was produced; it was stated either by the prisoner or his brother that it was found in the ticken of a portmanteau or a trunk - I did not know at any time that the will had been written by Whyman; he was called the schoolmaster.

MR. BOLLAND. Q. You say you saw the prisoner nearly every day, do you know whether he went out of town during that time? A. I think he went out of town twice during the time - he went out of town and was absent at least a fortnight; I think there had been a Iapse of a fortnight from his first application to Clarkson and his demanding the box, and during that time I did not see him; I did not see the will before it was produced to the land lord - I think the prisoner had been in town about two days before it was produced to the landlord.

JURY. Q. Can you tell whether the prisoner or his brother told the landlord where the will was found? A. It is impossible for me to say who said it.

Q. Was the expression that the will was found, or that he had found it? A. It was said in general conversation that it was found in the ticken of a trunk or portmanteau.

CHARLES BEETHAM . I am an attorney. I was passing the Horse Shoe and Magpie, Fetter-lane, the latter end of last year; I think it was the beginning of November, and was introduced to the prisoner by Lee; they were standing in the street as I passed up - Lee said, "Mr. Beetham, these gentlemen want you to do some business for them;" I think there were two others; I am sure there was one -I was addressed by, I presume, the prisoner's brother; the prisoner was present; I believe he is rather deaf - the brother said a man named Brandrith had died in their village, and he believed he had made a will, but that will they had not in their possession; they suspected it might be in possession of a person at a public-house at the west end of the town, somewhere by Chelsea, where the deceased had a box; they said they had applied to search this box, but the landlord had refused them; they had previously said the deceased was indebted to the prisoner 60l., I think - he shewed me a letter which had been written to the deceased's sister, and returned "Not found;" I advised him to obtain letters of administration, as a creditor; that was agreed to - I immediately went down to my proctor, a Mr. Clarkson, and gave him instructions; I did not see the parties again for some time; they returned into the country, I believe; however, in about three weeks, (I think) the prisoner, with his brother and a third person, who I understood to be Whyman, came to my house, which was then in Grenville-street, Brunswick-square; they then produced to me a document, purporting to be a will; I think this (looking at the instrument) to be the same.

Q. Had you before that been shewn a paper signed Rouse? A. I do not know the name; I gave the paper into the hands of Robert Suffolk , who had brought it to me; he was in company with the prisoner and Whyman - they were all together when I received it and when I returned it; I think it was a month before I returned it.

Q. A month intervened, during which time the will was in your possession? A. Yes; I did not take any part in proving the will; I gave it to him to take down to Mr. Clarkson - it had not been out of my possession during the month; I am sure I gave it to Robert Suffolk , and that I received it from him, the prisoner and Whyman being present on both occasions.

Cross-examined by MR. BRODRICK. Q. When the will was brought to you, was it stated by Whyman that he had made the will? A. It was, and that in the prisoner's presence; Michael Whyman 's name was to it as an attesting witness - he stated that he made the will for Brandrith.

Q. Did Whyman or the brother take the most active part in these interviews? A. The brother took the whole - when they brought the will the prisoner's brother stated that it had been found in the lining of a portmanteau; I negociated the matter entirely with the brother; he was living in London, and the prisoner in the country.

WILLIAM GEERING CLARKSON . I am a proctor of Doctor's Commons. I have seen the prisoner; he produced this will to me (looking at it); he was sworn on the 12th of January; I had seen him about a month before on the subject of the will - Beetham came in the first instance, and instructed me to enter a caveat - I afterwards understood Beetham had the will, and refused to give it up for about a month; the will was produced to me by the prisoner; I am not aware whether I or my clerk was present when he was sworn - the jurat is in my hand-writing; it was written on the 12th of January; the signature to it is Dr. Coote's - my office is in Doctors' Commons; probate was granted on it.

Cross-examined by MR. ADOLPHUS. Q. Do you recollect distinctly from whom you received the will, whether from the brother or Whyman? A. I believe the brother was present; but whether I received it from the prisoner or his brother I cannot tell; I believe the prisoner was present; I should say so from the jurat - the will was not in my hands till the jurat was written; Beetham was not present when I received it - I believe the brother and Whyman were there.

Q. Have you a clear memory, or are you sure the prisoner was present when you received it? A. I should have some difficulty in swearing that positively; I am sure I wrote the jurat, but who swore to it I do not know; I am not certain whether I went to Dr. Cootes, or my clerk- who took the oath I do not know; I do not recollect that I got him sworn.

Q. Whether the brother or any body else swore it you do not know? A. No, I feel some difficulty in swearing the prisoner was there; I am not positive.

MR. BOLLAND. Q. Had you seen the prisoner before on business? A. He had been to my office before with a person, and stated the business in my absence; I cannot swear the prisoner is the person who appeared before Dr. Coote, and swore this; the impression on my mind is that the prisoner is the person; I should say so from the name in the jurat - I believe he was there when it was brought, if his name is James Suffolk .

Q. Look at him, and tell the Jury whether he was there or not when this will was produced - was he not one of the three persons present? A. I say I feel great difficulty in swearing to him being the executor to the will.

COURT. Q. The question is not whether he was the man before Dr. Coote, as you do not know whether you were present yourself; it is when that will was put into your hands (you say three people brought it to you;) was the prisoner present or not at the time the will was produced to you? A. I never had any previous acquaintance with him, when he came to prove the will; I feel great difficulty in swearing positively to his person - I feel a difficulty in swearing whether he was one of the persons present at my office on that particular business.

MR. BOLLAND. Q. Had you never seen him before in your office? A. I believe once - I had seen Mr. Suffolk in my office, I believe, before Christmas.

Q. Look at the prisoner, and tell, me whether he is not the man? A. I have said I have a great difficulty in swearing to him, as I had no previous acquaintance with him, but looking at the jurat -

Q. Do not look at the paper, but look at the prisoner, and tell me whether you saw him before that jurat was sworn? A. I cannot swear positively to him - I feel a great difficulty in swearing to the man.

COURT. Q. Looking at him, do you believe him to be the man who was present when the will was produced? -A. I cannot swear positively to him; I feel a difficulty - I wish to swear positively if I could, but from the tenor of the jurat I suppose so.

Q. Do you believe him to be the man? A. I have no recollection of him; I have not sufficient recollection to enable me to form a belief; I believe I saw somebody on the subject of the will, about the middle of December - I have no doubt of it; the prisoner might have been one of the persons I saw then - I believe he might have been; I believe he was among them.

MR. ADOLPHUS. Q. Do you believe it from the recollection of his person, or from other circumstances? A. Not from a recollection of his person, but from the tenor of the jurat and other circumstances - I have not sufficient recollection of his person to enable me to form a belief of him.

JURY. Q. Where did you acquire the information relative to the amount of the personal property? A. From one of the party in attendance; I do not recollect whether the prisoner was present at the time the information was given.

COURT. Q. Is the signature to the jurat yours? A. Yes - It is not usual to state in the attestation of a will, who the actuary is; the memorandum is in my hand-writing - the signature at the bottom is a private mark of the registry.

JOHN BEAMS . I am a clerk in the Prerogative-office of the Archbishop of Canterbury, and produce the will from there; the signature of Dr. Coote is in his hand-writing, I believe.

FRANCIS TROWEL , JUN. I live at Sutton Valence. -My father died on the 3rd of November, 1828 - he lived at Sutton Valence in August, 1828.

HENRY COLLISON . I am a bricklayer, and live at Sutton Valence. I know a man named Whyman, who was a schoolmaster; he came to me some time between October and Christmas, towards the winter: I am sure it was as late as October - I lent him the copy of a will; this is it -(looking at it.)

Cross-examined by MR. ADOLPHUS. Q. Do you know from what precedent this paper was written? A. I wrote it myself, from another will of Ann Collison's, who left me some money.

Q. Do not you know that a man wishing to make a will goes to some form by which to do it? A. I cannot say what it was taken from; I never saw "The attorney's pocket-book."

COURT. Q. You say it was between October and Christmas, towards winter - can you give us the time nearer? A. I cannot - I never saw the will produced before Saturday.

WILLIAM PIZEY . I am clerk to a stock-broker. I know the prisoner - he applied to me in December, and said he had got some stock to sell out under a will of a person named Brandrith; I sold the stock for him, and paid him the produce of it; I did other business for him before that - I first bought in some Long Annuties, in January.

Q. Well, but that was after December? A. Yes; he applied to me in December, but I sold the property on the 10th of February; it was 266l. 12s. 5d. New 4 per Cents., 115l. 16s. 9d. 3 1/2 per Cents.; the produce of the two sums was 367l. odd - I have seen him on different occasions at the Bank, no where else; he showed me a will - Michael Whyman was with him at the time; I believe the will produced to be the one he presented to me.

Cross-examined by MR. ADOLPHUS. Q. Did you make any mark on it, so as to know it again? A. No - he showed it to me about the middle of January; I told him he must take it to a proctor.

Q. Was it about the 15th of 16th of January? A. I dare say it might; I will not swear it was not later, nor do I swear this is the paper; I think it was about the middle of the month - the probate lay in the will-office three weeks before it was acted upon; I know that because I took it away from the will office myself - the document shown to me was paper, not parchment.

MR. BOLLAND. Q. When are the 4 per cent. dividends due? A. On the 5th of January; I saw the prisoner about the stock the latter end of January; I went to the office myself to take the probate there - the prisoner gave it me to carry there.

Q. You have stated this will was shown to you - under what circumstances was it produced? A. Suffolk, the prisoner, told me he had left the will with an attorney named Beetham; this was some time in December - I had told him nothing could be done without the will, and upon that it was produced to me at the Bank; I told him he must take it to a proctor; I made no mark on it, but the will produced appears to be the same - I read it over, and recollect the names of the witnesses; I believe it is the paper he produced to me.

MR. ADOLPHUS. Q. You made no mark on it? A. No Whyman and another man, who I believe is the prisoner's brother, were with him - which of them produced it to me I cannot say; they were all present.

MR. BOLLAND. Q. The prisoner gave you the direction about the stock, and you paid him the money? A. Yes; I am sure the prisoner gave me the direction about the stock.

COURT. Q. When did the prisoner first make application to you? A. In December; he asked for Mr. Brazier at first, and on inquiry I found Brazier was dead; there were two persons with him; the prisoner was the one who asked for Brazier - I told him he was dead; the prisoner then asked me if I would do some business for him, and said it was to sell some stock under a will - I found some difficulty in transferring the stock, as the names were differently spelt; I saw the prisoner several times before I could make the transfer; he was waiting in expectation of it every day - he mentioned in December about the will being at Beetham's; he said it was lodged there, and he found some difficulty in getting it away - I told him I must have it, or nothing could be done, and it was brought to me in January, by the prisoner; the other two were with him then - I cannot tell which of them produced it; this was at the Bank; I told him that very day that he must go to a proctor - I got the probate three or four days after that; the prisoner brought it to me - his brother was with him then, but not Whyman; I lodged it in the will office, and after that the transfers were made.

CATHERINE MAKIN . I am sister to the deceased, Thomas Brandrith ; I am his own sister - he has another sister married; her name is Elizabeth Harrison ; he has no relation so near as us.

Cross-examined by MR. BRODRICK. Q. Do you know whether he was born before your father and mother were married? A. No he was not, it was after; I am older than him - I was born after they were married, I am certain.

COURT. Q. What is your husband's name? A. James; my sister's husband's name is James Harrison.

The will was here read; also the copy produced by Collison, which was a duplicate of the one charged to be forged, both in spelling and words, differing only in the description of the property and names, and having the words "lands, tenements, and hereditaments."

GEORGE THOMAS RUTHVEN . I am an officer of Bow-street. I took the prisoner into custody on Sunday, the 21st of June, at Battle-bridge, at his brother's house; every thing seemed to be packed up for the purpose of going away - I found this book and paper in the pocket of a coat in a trunk; the prisoner claimed it as his, and told me to be particularly careful of it, and not part with it; I found a card and paper in his hat, which he claimed - (read).

I, J.Rouse, of Sutton Valenoe, in the County of Kent, innkeeper, do certify, that Mr. Suffolk and the late Mr. Brandrith was frequently in the habit of using my house, and I have often heard Mr. Brandrith tell Mrs. Suffolk, that if she should survive him, it was his wish that she should have his watch, and that his property of every nature and kind, he wished that Mr. Suffolk should have at his decese, and Mr. Brandrith have told me repeatedly that Mr. Suffolk, at his death, would have something wery hansom.

Witness, my hand, this 3rd of November, 1828, J.B. ROUSE.

The card contained Mr. Beetham's address, and on the paper," John Matheson , attorney at law, Manchester."

MRS. MAKIN re-examined. I live at Penlington, two miles beyond Manchester; my sister lives at Salford, near Manchester - Chester is about forty miles from Manchester; I was born at Chester, and lived there till I was about sixteen years old - my sister was born there, and left when about fourteen.

Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, - I was acquainted with Mr. Brandrith many years, having served together in the army; we were on the most friendly terms - he repeatedly told me and other persons that he intended to leave me all his property; when his death took place, knowing he had property, and not knowing whether he had made a will, I immediately wrote to his sister, hoping she might be able to give me some clue where the will might be found - I accidentally mentioned the circumstance to Whyman, among others, and he informed me he had made a will for him shortly before he died; Whyman afterwards produced the will to me, and I had every reason to believe it was the one Brandrith had made, and being ignorant of business, I left it to my brother and Whyman, to do what was necessary.

JURY to COLLISON. Q. Did you ever lend that copy to any body else? A. I never lent it before or since.

THOMAS FERRIS . I was quarter-master in the prisoner's regiment; I came here by request of the officers of the Grenadier Guards, which the prisoner was discharged from in 1814 - I think he was in the regiment about twenty years; he was at Walcheren and fell ill with the fever - Brandrith was in the same regiment and discharged, being old; while I knew the prisoner in the Guards he bore an unblemished character, and was respected as much as any non-commissioned officer - I knew him as an honest man, and he was considered a very excellent soldier.

JURY. Q. Was he in the habit of reading and writing in the Guards? A. Yes; he could write and read himself - he had returns to make.

GUILTY (of uttering only). DEATH . Aged 52.

Strongly recommended to Mercy by the Jury, on account of his excellent character, and believing he might have been ill-advised .

Second Middlesex Jury. - Before Mr. Baron Vaughan.

1642. WILLIAM BLAKE was indicted for feloniously killing and slaying William Spring .

MARY WESTON . I live in Kepple-street, Chelsea-common, and am a dress-maker - William Spring was in my service; he was about eleven years old. On the 24th of August, about half-past eight o'clock in the evening, I employed him to draw a truck with a small bed on it, from the Kent-road to Chelsea; I accompanied him - he was standing resting in the carriage road with his truck; I was on the pavement near him, and saw a cart coming at a very quick pace - before I had time to warn him, the cart struck against the truck; it had been a rainy night, but was clear then - I saw the cart about four yards from me; the driver must have seen him if he had used proper caution, I certainly think - I saw the cart strike the truck; the boy called out twice before it struck, but the cart did not slacken its pace till it struck the truck - the shaft must have struck it and knocked the boy down, and the wheel went over his body; the blow overset the truck, and threw the contents out - the boy screamed violently, and I went to him; the cart was stopped - there were three men in it; the driver got out, and gave himself up as soon as it was stopped - he was not sober, but quite in liquor; he was driving very quickly - the boy was taken to an apothecary's, and then to Westminster-hospital; he was very near the curb-stone when it happened.

Cross-examined by MR. CLARKSON. Q. Was he sitting on the truck? A. No, he was standing within the handle in his proper place - I saw the shaft of the cart strike the truck; I think the wheel struck the handle and broke it - there was some kind of metal in the cart, more than 3 cwt. it was said; a crowd got round the cart, and stopped it - I cannot say whether the man pulled the horse up himself; I rather think he did stop- I called several times to know who was the driver, and he gave himself up - I am sure he did not himself take the boy in his arms.

COURT. Q. Was he trotting or what? A. It was a kind of very quick trot; it was a dark night, but there was sufficient light from the shops to show the truck - the gas was not lighted.

ANN JONES . I live in Chester-street, Grosvenor-place. I was in Arabella-row, Pimlico , and saw the boy resting on the handle of the truck, and the cart coming at a very quick pace - I did not hear any body call out; I think the cart struck the truck, and threw it down - the boy was thrown down, and the wheel went over him; the cart was stopped, and the prisoner, who was the driver, got out - he was intoxicated; a tall thin man picked the boy up - it was not the prisoner.

Cross-examined. Q. Did the prisoner assist in carrying him to the doctor's? A. No; he came in a few minutes after he was carried in, and appeared to wish to speak to the boy - I do not think he appeared very anxious about it; it was rather a dark night, but not very- there were too many people for me to see whether the cart stopped itself, or was stopped; he gave himself up when the driver was asked for; I was too much frightened to notice the other two men - the man, who took the boy up, is not here; I was crossing when it happened, and was nearer to the cart than the truck - I was at the side of the cart, but I saw the truck long before I ran; I saw a piece of the flap of the truck fly off into the road.

COURT. Q. At what pace was he going? A. Very quick; there was light enough for a person, who was ordinary cautious, to see the truck.

WILLIAM SCALES . I am a butcher. I was standing at my master's door, in Arabella-row, seven or eight doors from where this accident happened, looking towards the spot, and saw the horse going at a tidyish trot, of about six miles an hour - I do not think it was going too fast; the boy was resting about three feet from the curb- I heard him, or the lady, halloo out, and ran up before it happened; I saw the lad knocked down - I think it was the horse came against the truck, and broke the handle; it overturned and broke - all the things were thrown out; I saw the off-wheel go over the boy's loins - I could scarcely see the truck at the distance I was first at; three lamps, a little further off, were not lighted - there were no shops that gave any light of any consequence; if the driver had been ordinary cautious he might have avoided the truck if it was not for the hill, but it is a steepish hill, going down - the road is pretty broad; there were no other carriages - the lad was on the left side, and the driver coming on the same side, which was the near side; he appeared to me a little intoxicated - I should not know him again.

Cross-examined. Q. Was the truck three feet from the curb? A. When I got there the lad seemed to be trying to save the truck, and it must have been three feet from the curb - that part is shockingly lighted; the gas was not lit at all - it was a darkish night, and had been a wet evening; I know it is impossible to draw up in a moment, for I have a troublesome horse to deal with- it is a very awkward place to pull up at immediately; I saw the man throw the reins on the horse's head and get out - he followed the lad to the doctor's; he did not assist to carry him there - the cart would go quicker with a heavy load, at the brow of a hill, than in any other part; he had just got to the foot of the hill where he would have the least power over his horse - the cart was on its wrong side; I think two carriages might pass on the road; but the cart-horse turned out when it happened, and the truck was sent more into the middle of the road - there was room for another carriage to pass when it happened.

WILLIAM SHEEN . I was in the cart with the prisoner when this happened; it was loaded with about 3 cwt. of cast-iron; another of my shopmates was in the cart, and a little boy belonging to the prisoner - the road is six or seven yards wide, as near as I can judge - there is room for two carriages to pass easily - I did not see the truck till the cart struck it; it was very dark; there was no lamps lighted at all - there were candles in the shop windows - the cart stopped directly it happened, as the boy screamed; I never heard any hallooing out till he was knocked down - the prisoner did not appear to me unable to take care of the cart - he had been drinking, and I dare say was not sober; I think he was in liquor, but able to conduct himself - he was on the right-hand side of the road, going towards Pimlico; the truck was on his right-hand side; that is, on the off-side - I saw nothing to prevent his going on the near side.

Cross-examined. Q. You are in the service of Mr. Cubit, the builder? A. Yes; the prisoner came to out place from Mr. Gabriel's, and one of my shopmates said he would give me a lift home in the cart - I was sitting on the same seat as him, on the near side; he was in the middle - I heard nobody cry out for us to get out of the way - he stopped, and got out directly the boy screamed; he was going at a smart trot, not a gallop - he was driving a lightish cart.

RUTHERFORD ALLCOCK . I am a surgeon of the Westminster-hospital. The deceased was brought there, and another medical gentleman saw him; I did not see him till early next morning - he was very drowsy, and unwilling to answer questions; he complained of a pain across his stomach - he died next evening; I opened him - his liver was ruptured, and no doubt he bled to death; I have no doubt the injury caused his death.

Prisoner's Defence. I acknowledge doing the act, and am very sorry for it; I did not see the boy till after it was done - I got out directly, took him up, and asked him if he could walk.

GUILTY. Aged 34.

The prisoner received a good character, and was recommended to mercy .

Confined Twelve Months .

First London Jury - Before Mr. Recorder.

1643. RICHARD CHICK , MARY (HIS WIFE ) CHARLES WILLIAM ELLIOTT , and MARY (HIS WIFE ) were indicted for feloniously breaking and entering the dwelling-house of Henry Wilson , on the 13th of July , at St. Botolph Without, Bishopsgate, and stealing therein 205 yards of woollen cloth, value 144l.; 400 yards of kerseymere, value 128l.; 200 yards of serge, value 33l.; 50 yards of silk, value 15l.; 2 yards of stain, value 10s.; 180 yards of ribbon, value 1l. 10s.; 150 yard of ferrett, value 1l. 5s.; 100 yards of galloon, value 8s., and 5lbs. of silk-twist, value 8l., his property .

MR. PHILLIPS conducted the prosecution.

MR. HENRY WILSON. I am a woollen-draper , and live at No. 80, Sun-street, in the parish of St. Botolph Without, Bishopsgate . On Tuesday morning, the 14th of July, at half-past six o'clock, I observed a hole had been cut through the party-wall, dividing my house from the next, which was empty; woollen and silk goods, to the amount of between 300l. and 400l. were missing - on the following Friday I saw about 30l. worth of that property at Worship-street.

Cross-examined by MR. CLARKSON. Q. Have you any other Christian name? A. No, nor any partner - I saw the property safe the night before.

COURT. Q. Did you sleep at home that night? A. Yes - the opening in the wall was made into the shop; I sleep on the second-floor - I heard no alarm in the night.

MR. CLARKSON. Q. Did you give Mrs. Dobson, a witness, 5l.? A. I gave Mrs. Dobson something, for information.

COURT. Q. Was that before the information, or as a reward for it? A. As a reward for information, which she had before given me - I gave her 10l.: she was examined before the Magistrate, and was held to bail - two persons, named Wear and Vaughan, were held to bail.

THOMAS SAPWELL . I am a constable of St. Botolph. I went to the prosecutor's premises on Tuesday, the 14th of July, at a quarter past seven o'clock in the morning - the adjoining house was empty; I examined and found an opening in the wall, so that a boy or man could get through - the partition had been bored by a centre-bit, in the first instance; there were about three holes made in the wooden part of the partition, and then I think it must have been cut by a knife - I think I could get through the hole myself; the wall was first cut away, and then this wooden partition bored and cut with a knife - I found there a small jemmy, a gimblet, a chisel, centre-bit, and stock; knife, a dark lantern, an old key, and an apron - they a were on a shelf in the empty house, over the hole, which was quite large enought to get the property through.

Cross-examined. Q. I take it for granted you made diligent inquiries in the neighbourhood to discover the thieves? A. I made no inquiries - I did not find a man named Vaughan in the empty house; I only know he was at Worship-street - I believe he was charged with stealing the fixtures of the empty house, but I do not think I heard the charge; I was in another room - I heard him examined on suspicion of being a swindler; I did not examine to see if the fixtures of the empty house had been taken away - I know Vaughan and Wear had taken that empty house before, but only from information- I do not know of their being charged with this robbery; I was not in the office - I was in the room, but do not know what the charge was; I was only called to give evidence of what I found, and know nothing of others being charged with the robbery.

WILLIAM STEVENS . I am a watchman of St. Botolph. Mr. Wilson's premises are on my beat; I was on duty early on the morning of the 14th of July - I know the prisoner Chick, and saw him that morning, between half-past four and five o'clock, standing with his back towards Mr. Wilson's premises, and near it there is a gateway within one house, and he was near the gateway, as near as I can say fifty paces distance; I suppose he was within three or four yards of Wilson's premises; I did not see him do any thing, he was standing still when I first saw him, and at other times walking he walked towards me - when I saw him start for walking: he passed quite close to me - we passed each other; the gas was not alight, it was quite daylight, a bright morning between half-past four and five o'clock; I have not the least doubt he is the man I saw.

Cross-examined. Q. How long had you known him? A. I did not know him before the 14th of July - I never saw him before to my knowledge; I do not know Vaughan; I do my duty as well as I can - I looked after the empty house that night the same as the rest of the premises; I saw it was fast - I have no box - I have a seat within fifty paces of Mr. Wilson's; I go out of the street to the back and front of the premises on that side, and that is all I have to do; I do not know a person named Wear, and do not know of the empty house being taken - I did not see any body go in there that morning, nor ever said I did.

Q. Am I to understand you swear deliberately that you never said before the Justice the person you saw with his back to the premises was Vaughan? A. I do not understand you; I never said I saw Vaughan, or that I believed it to be Vaughan, or that I would not swear it was Chick; he was in my sight five minutes from my first seeing him till he passed me - he went towards Crown-street and I towards Mr. Wilson's; he was standing still when I first saw him - there were other people passing and re-passing that morning, but not at that time to my knowledge; I do not recollect seeing any body from half-past four o'clock till five; I saw Chick, he was the only person on that side of the way - I had seen other persons pass in the night; I came on at three o'clock, and saw several people going to market.

MR. PHILLIPS. Q. Did you observe Chick particularly? A. Yes; because he observed me - he looked me full in the face as he passed, and of course I looked him full in the face; I have not the least doubt of him - I knew him as soon as I went into the office.

MR. CLARKSON. Q. Do you know who the empty house belonged to? A. No; Mr. Collins, the butcher, had the letting of it - I do not know that it had been let.

MARY HOWELL . I am single. On the 14th of July I lived with Mr. Grimsell, at No. 2, Sun-street; I got up about a quarter-past five o'clock that morning - Mr. Wilson's house is nearly opposite ours; I was opening the parlour shutters, and observed a man passing on Mr. Wilson's side of the way - the street is about thirty feet wide; I observed the person distinctly, and believe Chick to be the man - when I first opened the shutters he was passing Mr. Wilson's house; as he passed the next house to Mr. Wilson's some other man came out of the empty house; I have a recollection of that man's person, it was not the prisoner Elliott - Chick passed the empty house, and the other man followed him directly - they went towards Bishopsgate-street, one following close to the other; they did not appear to be talking; I saw them go not quite to the end of Sun-street towards Bishopsgate; I then lost sight of them - I afterwards saw the same persons again coming down in the same direction towards Wilson's house; I am quite sure they were the same two persons - I saw them go into the empty house, and while they were in there a cart drew up to the door of the empty house - I saw four large bundles put into the cart by the same two men, and they drove away directly; there was a man in the cart, he did not get out - the cart went towards Bishopsgate-street; I have no recollection of the driver's person.

Cross-examined. Q. It has been said you have sworn to Chick? A. I have not sworn to him, I cannot, but I believe him to be the man as far as I know; I had never seen him before to my knowledge; I have seen Vaughan and Wear at Worship-street in custody - I saw one of them in Mr. Wilson's shop; I do not know where I saw the other first; I think not more than five minutes elapsed from the time I saw the man I suppose to be Chick, till the two men returned to the cart; the watchman was off his beat at the time - it was a fine bright morning; I had seen Vaughan and Wear bargaining for the house one evening, it was too dark to discern much of them; they were not charged with the felony in my presence - it was for removing the fixtures of the empty house that I saw them in custody; they were not removed till after the 14th, for they moved into the house after the robbery; I saw them bargaining for the house on the Friday before the robbery - they did not move in till after it.

Cross-examined by MR. BODKIN. Q. Do I understand you distinctly to say Elliott was not the other man who came out of the empty house? A. He was not.

JAMES BROWN . I am an officer of Worship-street. In consequence of information I went to a house. No. 28, Vincent-street, Bethnal Green, on the 17th of July, with Garton and Attfield, between twelve and one o'clock in the day; I went into the parlour by breaking the door open, and found in that parlour Chick and his wife and a woman named Dobson - I knew Chick before, and am certain of him; on a table in the room I found two pieces of silk serge, which I produce - also on the left side of the room six pieces of different coloured silk, mostly for waistcoats; some were on the floor, and some on a yard measure - Garton found some pieces of ribbon and ferret - we made a further search; Attfield, in my presence, found in a cupboard two skeleton keys, and in the table drawer a quantity of small files, a centre-bit and screw-driver - he has them in his possession; the outer door was open - we did not ask leave to go in, but broke in, that we might enter without giving notice; Attfield asked Chick how he came by this property - he said he should tell somebody else about that, or words to that effect; we took them all in custody - Dobson was afterwards discharged; between six and seven o'clock the same evening we went to No. 26, Vincent-street, and found the lower room open - nobody was in it at the time; it is next door but one to Chick's - I know it was Elliott's house, for I saw Mrs. Elliott afterwards, and asked if that was her room, the parlour; she said it was - they were not there when I went in; Attfield found some silk there in a bonnet-box, and Vann, who was with us, found some cloth.

Cross-examined by MR. CLARKSON. Q. Chick was asked how he came by the silk, and said he should tell somebody else? A. Yes; I have a full recollection of what passed - that is all the conversation I took notice of; I had known Dobson for three or four years, and often saw her before - I cannot swear how she gets her living.

Q. When Attfield asked Chick how he came by the silk, did he not point out Dobson as the woman who had brought it in, and that within ten minutes of that time? A. No, he said nothing of the sort in my hearing, I swear; he could not have said it without my hearing it. I never paid Mrs. Dobson any money in my life.

Cross-examined by MR. BODKIN. Q. You went to Elliott's six hours after Chick's, from whose house you had taken property? A. Yes, in bundles; the street was full of people when we brought the property away; it was well known in the neighbourhood that the officers had taken property from a house two doors from Elliott's- no opposition was made to our searching Elliott's, for nobody was in the room; we searched thoroughly - there were three of us; I have heard Mrs. Elliott is a dressmaker - the silk was in different pieces, as if for dresses, and in the progress of making up - it was cut, and part of a body made; the first examination had been that day - it was over when we went to Elliott's; we had not got information about Elliott till after the examination - I believe Attfield left word for Mrs. Elliott to attend the office on the Saturday; there was no examination on Saturday - I saw Mrs. Elliott at the office on Saturday, but did not see her husband; whether a message was left for him to come I cannot say; Mrs. Elliott was not detained - the next examination was on the Wednesday following; Mrs. Elliott was told to attend, and she did so - I did not see her husband there till I saw him at the bar of the office; that was at the second examination.

WILLIAM ATTFIELD . I am an officer of Worship-street. On Friday, the 17th of July, in consequence of information, I went with Brown to No. 28, Vincent-street; Garton came immediately after - we burst open the door, and found Chick, his wife, and Dobson in the room; I found a mallet, a hummer, a pair of pincers, seven or eight files, a latch, two skeleton keys for an inner door(Mr. Wilson gave me the centre-bit); some silk and ribbon were found by Brown - we went to Elliott's between four and five o'clock that afternoon, and in a sort of hat or bonnet box in the back part of the parlour I found about sufficient silk to make two gowns, and Vann found some cloth at the bottom of the same box.

Cross-examined by MR. CLARKSON. Q. Where did you find the silk and ribbon at Chick's? A. About the room, in different parts; some on the table and some on a measure - I knew Dobson; they are weavers by trade, but what else she does I do not exactly know; she was brought to the office, and held to bail; Vaughan and Wear were at the office, but I know very little of them; I only knew of their having taken the house from hearsay- they were charged on suspicion of being concerned in this robbery, and examined twice; they were charged with taking away the fixtures of the empty house, I understand - I cannot say whether they were in possession of the empty house on the night of the robbery; after I had done searching, I said to Chick, "How came you in possession of this property?" Dobson was in the room; his answer was, "I decline giving any account till I go before a Magistrate;" he looked round when I asked how he became possessed of it, and said, "The piping dues are on," meaning somebody had been giving information, and they would get paid handsomely for it.

Q. Did he say any thing about Mrs. Dobson? A. I am not certain that he did - I never heard him state that she had brought the silk in a bundle a few minutes before I came in - he asked me if there was any reward; none had been offered to my knowledge; I know nothing of 10l. having been given to Mrs. Dobson - she lives in Cock-lane, Bethnal-green; all that neighbourhood is a common resort for thieves.

Cross-examined by MR. BODKIN. Q. Do you happen to know Mrs. Elliott is a dress-maker? A. From what I have heard; I found the silk partly made up; I saw Mrs. Elliott in a neighbouring house some time after we had taken the property out of their room, she was crying; I had left a message for her to come to the office next day, and she did; she was desired to attend another examination, and did; at the last examination but one she was attending, and was ordered into custody; her husband was there on the 22nd, which was the last examination but one; he came voluntarily - I was sent to the public-house; I went and called Elliott. he came to me directly, and I took him into custody; I asked Mrs. Elliott how she became possessed of the property on the very night when I saw her crying; she was alone; I asked her how she came by the silk found in her room; she said Mrs. Chick had given it to her to make up into dresses, and I believe she has told that story ever since - I do not remember her husband saying he had been dining with his club on the night of the robbery.

MR. PHILLIPS. Q. Had you ever heard of piping dues before? A. Never; it was a new term I thought - he said it a little time after I asked how he came by the property; Mrs. Dobson was let go by the Magistrate; she attended again, and gave bail to appear at the Session if any indictment should be preferred.

MR. CLARKSON. Q. Was it Dobson that explained the meaning of piping dues to you? A. No, nor Chick.

THOMAS VANN . I am an officer of Worship-street. I went to Chick's house, and afterwards to Elliott's; I found this cloth; it is cut for two coats, two pairs of trousers, and two waistcoats; it is not cut out into any pattern, but it is a sufficient quantity for that - I found a quantity of mortar, or lime, on this piece of black cloth -Mrs. Elliott said she was a dress-maker, and had the silk given her to make up by Mrs. Chick; she was then asked who brought the cloth, and said, "Mrs. Chick;" she was asked at the office who brought the cloth, and said, "Mr. Chick;" she was then ordered to be detained.

Cross-examined by MR. BODKIN. Q. You imagine them to be coat lengths by the quantity? A. That is all; they might make a woman's or child's pelisse - it is a very small part of the property; she said Mrs. Chick had brought the silk when I first saw her, and that she had brought the cloth also - about a week after she said Mr. Chick brought the cloth; I had seen Mr. Elliott at the office before he was in custody; I heard no account where he was on the night of the robbery.

MR. WILSON. I have seen the property at the office; the whole of it is mine, I have no doubt.

MR. BODKIN. Q. Have you noticed the property found at Elliott's? A. Yes; I should judge that to be worth about 5l. 10s.; the cloth was all in one piece when I lost it; it has been cut since; there was no lime or mortar on it when I left my house.

COURT. Q. Was this property loose on shelves or drawers? A. The cloth was on shelves, and the silk in drawers, which were not locked; if the cloth had been taken through the hole it would be likely to get marks of lime or mortar.

Richard Chick's Defence. When the officer entered my house I was handcuffed; they asked me who brought the property there - I said I should make no reply till I got before a Magistrate, but requested them to go and take Mrs. Dobson, and to go and search her premises - they took her, and searched her premises; Mrs. Dobson and one of the officers went into my back yard; a lodger, who is ill in the workhouse, overheard her say to the officers, "You have come too soon - you ought to have let me go out before you came in;" at the first examination the watchman stated that he could not swear to me positively - he had seen a tall thin man very much like me, but could not swear I was the man - at the final examination he came and swore I was the man. On Thursday night, about ten o'clock, on the 16th of July, I and my wife were going to Shoreditch to purchase something for supper - we passed Mrs. Dobson's house; she was at the door; she came after us, called us, and said to me, "You make yourself very strange;" I said, "Why, I know you are a neighbour, but I never had any conversation with you;" she said, "Well, the reason I called you was that I have some silk and cloth that I can let you have - I have enough to make your wife three dresses, and yourself a suit or two of clothes; they are my husband's - he buys and sells silk and cloth on commission, and he is a weaver;" I said I thanked her, and would consider of it, I would call in and let her know when I came back - I went into her house, and asked her to let me look at some patterns; she showed me several -I said I should like to have two yards and a half of drab kerseymere, two yards and a quarter of olive, and a yard and three quarters of black cloth, three quarters of a yard of brown cloth, and enough silk to make three gowns - I had eleven yards of fawn, twenty-two of brown, and a small piece of figured silk, and a piece of black to make my boy a waistcoat; she said if I would call in the morning I could have it - I went in the morning, and received from her the cloth produced and the silk found at Elliott's - they live next door but one to me; his wife was in the habit of making up dresses for mine for four years; I called, and told her Mrs. Dobson had sold me the silk, and she should have the making up of the dresses; in the morning I and my wife went and got the goods - I went out; my wife sent in for Mrs. Elliott, and gave her the silk to make up; I had asked Mrs. Elliott if she knew of a good tailor; she said she knew a gentleman who made clothes for a friend of hers - I said I would get her to show him to me, and when my wife said she had given her the silk, I took the cloth in, for Mrs. Elliott to show me where the tailor lived; there was a female in her house; I laid it down in the bundle handkerchief now produced, and said I would come in presently - I went out, and was in my house about half an hour, when in came Dobson; she said, "Mr. Chick, have you put out the silk and cloth to make;" I said I had - she said, "I know a person who can make it up good and cheap for you;" I said I had put it out - she said, "I have a quantity of silk and ribbons which I wish to measure - it is going to a silk-mercer and draper's on Ludgate-hill, who I have served for some years, and having converted my house into a brothel, I have so many people coming in and out, I don't like to measure it there;" I said by all means she could bring it to my house to measure, as she had been so kind as to let me pay for these goods at 2s. a week - she went away, came back in five minutes, and said she must bring some brown paper in - she had forgotten the yard, which she fetched (that should be produced, for I believe it has her name on it;) after she went out for the paper, in about five minutes, a little girl, who I believe to be her daughter, came in with a book yard, and said her mother would be there directly; Mrs. Dobson was a long time, I thought it strange; in the course of three quarters of an hour she came into my house, confused, with the paper - I had taken hold of some of her silk after the yard was left, and measured some of it; I said I dare say it was right - she said she dare say it was; she was so confused she could neither look at me nor my wife, but I had no idea of the villany and trepan-game she was going on with; she asked if we had a bottle to get some gin - I said I had not: she asked for a pen and ink; I said I could borrow some - a pen and ink, and a bottle was brought, and in five or ten minutes in came the officers; she began to abuse them scandalously. calling them Mr. Bounce, and every thing she could think of; when they asked who brought the property, I said I should decline giving an answer till before the Magistrate - I requested them to take her and search her premises; she went out with the officers - whether they searched her premises I cannot say; I and my wife were taken before the Magistrate - the officers stated they brought me and my wife on suspicion of a robbery recently committed in the City; and he said he found part of the property on as - the Magistrate said he should remand us; I said, "Your Worship, what is the reason Mrs. Dobson is not brought forward, she is the woman who brought the property to my place;" I think it was Garton said she was in custody - they went out and brought her in; she said, "What do you want with me?" I said, "You base hussey, you have brought goods to my house, knowing them to have been stolen;" a little whispering went on between the officer and Magistrate, and Mrs. Dobson was let go - at the final examination she was bailed to answer any indictment, but she is not produced here; as to the watchman, every man, on the examination, was ordered to put their hats on - I being placed individually at the bar, and pointed out to him; if I had been with other men I should not have been pointed out - he was asked if he had seen the man since; he said No; he was shewn me, and said he believed me to be the man, but would not swear it; but at the last examination said he had no doubt I was the man - I have not the least doubt the officer persuaded him to say I was the man; Vaughan and Wear were produced at the examination, and I believe the servant swore to Vaughan being the man. - My Lord and Gentlemen of the Jury, You now behold before you an unfortunate individual, brought to the tribunal of justice for an offence of which he is innocent: I now avow myself innocent, but it is for you to decide and act impartially; this trial is a base attempt on my life. and supported by that guilty individual, Mrs. Dobson: I hope you will consider the awful situation I stand in, should you find me guilty of this offence, of which I am as innocent as a baby unborn: I have a wife and large family which I support by honest industry; I leave myself to your merciful consideration, and should your verdict prove against me, it will cause distress to a large family, and myself an ignominious death. I say and avow again, that the lamb that never leaped the grass, was never more innocent than I am.

Charles William Elliott 's Defence. On the 17th of July I was at work by half past five o'clock in the morning till ten at night; I came home, and finding my wife with a deal of property, I asked what was the cause of it; she said she had taken in work for Chick: I said, "My dear, I hope you have spoken the truth, and the truth will never be blamed;" she said she had, and she was to appear on Monday; she went up on Saturday; I went up to the office; she was let go till Wednesday; I went there on Wednesday, and took hail there for her appearance; I had not been there long before an officer came into the adjoining public-house, and called Elliott; I went to him, and was taken, and committed till the following Wednesday; I knew nothing of the property being brought, or any thing of the kind; on the Monday before the robbery I was dining with my brother tradesmen at a feast - I came home and went to bed.

Mary Elliott's Defence. On Monday we were at White Conduit-house till half-past one o'clock in the morning, when the person of the house let us in, and fastened the house, and before we were up she came into our room - we know nothing of the robbery; the silk was given me by Mrs. Chick, and the cloth afterwards by Mr. Chick; the officer came to my house between seven and eight o'clock - I was not at home; they saw me afterwards, and said I was to be at the office in the morning - I went; Brown came and told me I should not be wanted till Monday, when I went, and was detained; my husband was there all the afternoon - Vann said he dare say I should be bailed on Wednesday, and when he came on Wednesday with bail they detained him; he was not at home from five o'clock in the morning till eleven at night, when the property had been taken from my place.

MR. WILSON. The value of all the property found is about 36l.

RICHARD ANDREWS . I am a gold-beater, in the employ of Mr. Jacobs, of Fore-street. Elliott is a goldbeater , in the employ of Styles, of Rosamond-street; I have known him fifteen years - he bore an excellent character; we belong to a gold-beater's club, and dined together on Monday, the 13th of July, at White Conduit-house - Elliott was there, and his wife and my wife; his wife is a dress-maker - we were together at White Conduit-house at one o'clock in the morning, in the dinner room; dinner had come on the table about twenty minutes to three o'clock - Elliott was not sober at one; I should consider him the reverse.

COURT. Q. Where do you live? A. At No. 28, Field-street, Battle-bridge; I saw them both at one o'clock - I did not see him after that.

GEORGE PECK . I am a gold-beater. and live in Turnmill-street - I am in Mr. Jacob's employ. I have known Elliott upwards of twenty years - I belong to the club, and was at the dinner at White Conduit-house on Monday, the 13th of July, with my wife; Elliott and his wife were there - I staid till eleven or twelve o'clock; I saw Elliott about half an hour before I left - he was not then much the worse for liquor.

JOSEPH SADLER . I am a gold-beater, and live in Broad-street, Bloomsbury - I work for Mr. Dixon, of Blackfriars-road. I have known Elliott intimately for seven years - I am one of the club, and was at the dinner at White Conduit-house on the 12th of July, and staid till three o'clock in the morning; my wife was not there - Mrs. Elliott was; I had something to drink with Elliott a little after twelve o'clock, and do not recollect seeing him after that - I went with a private party into another room; when I left him he was drunk.

COURT. Q. Were you a good judge whether he was drunk at that time? A. Yes, for I had been dancing for five or six hours.

RICHARD PHILLIPS . I am a gold-beater, and have known Elliott fourteen years - I am one of the club, and was at the dinner; I think I saw him there about half-past twelve - I think he was a little in liquor; I did not see his wife - I do not know her.

JOSEPH WHITE . I am a gold-beater. I was at the dinner, and staid till two o'clock - I saw Elliott there, to the best of my recollection, about twelve; I do not know his wife.

CHARLOTTE HERRING . I am married - my husband is a wheelwright; I lodge in the same house as Elliott. On the 13th of July he went out between eleven and twelve o'clock, and by his desire his wife was to go in the afternoon, and she did - I had the care of their family; I let them in in the morning at nearly three o'clock - they came home together; Mr. Elliott was very much intoxicated indeed, particularly so - we had a difficulty to get him to bed; he fell on his bed at last - I fastened the street door, and took the key up to my room to prevent his getting up to go out; I saw him in bed at eight o'clock in the morning, when I went up for a light - Mrs. Elliott is a dress-maker.

Cross-examined. Q. Have you a clock in the house? A. No - I know the hour by the watchman going by, and I asked him; I do not lock the door and take the key up every night, but I did it particularly that night, as he seemed anxious to go out again for drink, and it being late we wished to keep him in - it was the key of the front door; I had also the key of the back door - I am certain I knocked at his door for a light in the morning, and Mrs. Elliott said, "Walk in;" they do not burn a light, but Mrs. Elliott was up, getting breakfast, and had a fire - she opened the door, gave me a light, and I saw him in bed; the room the officer found the property in was their's.

R. CHICK - GUILTY - DEATH . Aged 28.

MARY CHICK - NOT GUILTY .

C. W. ELLIOTT - NOT GUILTY .

MARY ELLIOTT - NOT GUILTY .

NEW COURT, Third Day.

Fourth Middlesex Jury - before Mr. Common Sergeant.

1644. JOHN EDMONDS was indicted for stealing, on the 11th of July , 4 coats, value 10l.; 3 pairs of trousers, value 4l. 15s.; 2 pairs of breeches, value 30s.; 1 pair of pantaloons, value 25s., and 1 waistcoat, value 16s., the goods of Thomas Parks , the elder, and Thomas Parks , the younger, from the person of James Culmore .

The prisoner pleaded GUILTY . Aged 29.

Transported for Fourteen Years .

1645. JOHN SHORE was indicted for stealing, on the 20th of August , 2 shirts, value 6s., and 5 shillings , the property of Dennis Collins .

The prisoner pleaded GUILTY . Aged 23.

Transported for Seven Years .

1646. JOHN READING was indicted for stealing, on the 11th of August , 2 gowns, value 5s.; 2 pairs of trousers, value 2s.; 3 waistcoats, value 1s. 6d.; I quilt, value 2s.; and 1 petticoat, value 1s., the goods of Benjamin Loring ; and 2 shifts, value 3s.; 1 gown, value 1s., and 2 window-curtains, value 1s., the goods of Elizabeth Loring .

The prisoner pleaded GUILTY . Aged 34.

Transported for Seven Years .

1647. WILLIAM GREEN was indicted for stealing, on the 23rd of July , 1 watch, value 2l.; 1 key, value 2s.; 4 crowns, and 4 shillings , the property of John Northage .

The prisoner pleaded GUILTY . Aged 18.

Transported for Seven Years .

1648. JOHN CHARLTON was indicted for stealing, on the 19th of August , 2 shifts, value 2s.; 2 pinafores, value 1s.; 2 aprons, value 6d.; 1 sheet, value 6d.; 1 pillow-case, value 1d.; 2 towels, value 6d.; 2 bed-gowns, value 1s.; 1 table-cloth, value 1s.; 1 napkin, value 3d.; 1 shirt, value 2d., and 1 pocket, value 3d. , the goods of John Sharpe .

The prisoner pleaded GUILTY . Aged 10.

Transported for Seven Years .

1649. SOLOMON BARLIENER and PHILIP LEVY were indicted for stealing, on the 2nd of September , 6 watches, value 8l. , the goods of Matthias Lassar .

Barliener pleaded GUILTY . Aged 27.

Levy pleaded GUILTY . Aged 16.

Transported for Seven Years .

1650. MARY JOLLEY was indicted for stealing, on the 29th of July , 2 shifts, value 3s.; 1 gown, value 2s.; 1 petticoat, value 1s., and 1 shirt, value 2s. , the goods of William Saunders .

SARAH SAUNDERS . I am the wife of William Saunders. On the 16th of July these things were taken out of a dirty clothes bag - I had seen them in the course of the week; the prisoner had lodged in the same house - the landlord turned her out, and I took her in; I charged the prisoner with the robbery - she said I might do as I liked.

ANN FEASEY . The prisoner came to my house in Mount Pleasant on the 13th of July - I bought a shift of her for 1s.; on the 14th I bought a petticoat, and on the the 15th another shift; she said her name was Mary Jolley , and she lived at No. 10, Wilton-place - on the Sunday morning I had occasion to send to Mrs. Saunders- the prisoner, who was there, told my little girl she was not at home; I afterwards saw Mrs. Saunders pass my house, and told her what I had bought.

CATHARINE DOHERTY . I live in Spread Eagle-court, Holborn. I bought a duplicate of a gown of the prisoner on the 16th of July - I redeemed it, and gave it up.

SAMUEL HAMPSTEAD . This shirt was pawned with me by the prisoner.

WILLIAM HALL . I am a constable. I took up the prisoner. (Property produced and sworn to.)

The prisoner put in a written Defence, stating that she had taken the things to provide herself and the apprentice with victuals, the prosecutrix having gone out, and left them without any.

GUILTY . Aged 31.

Recommended to Mercy, believing it to be her first offence .

Confined Seven Days .

1651. CHARLES LAW was indicted for stealing, on the 24th of August , 1 hat, value 21s. , the goods of Thomas Gale .

THOMAS GALE . I am a sadler , and live in Brewer-street, Golden-square. On the 24th of August I was at the Fox, in Sherrard-street , between ten o'clock and three; my hat was on a table behind me; I do not know exactly when it went; I saw the prisoner there about one o'clock; he did not stay long; I saw the hat the same evening on the prisoner's head in Charles-street; I did not see any hat on his head when he was in the house - he said it was his own, and he had bought it six months ago; I had bought it but two days before.

Cross-examined by MR. CLARKSON. Q. Were you playing at bagatelle? A. No; I looked at some persons who were playing - I had taken some half and half; there was an old hat left behind; the prisoner did not say if it was my hat he would return it; I did appoint to meet him the next morning at the Fox, but on second consideration, I thought the sooner I got my hat the better; I took him to a public-house, and kept him till the officer came; I asked him to go, but did not say I would settle it there - I did not take part of a pot of ale and a biscuit; there were two or three other hats on the table - the old hat was found on the table; he and his friends were playing at bagatelle.

JOSEPH WILDMAN PAINE . I am an officer. I took the prisoner - he said the hat had been his for six months.

Cross-examined. Q. Have you the hat? A. Yes; this is it; I do not know who this belonged to.

JAMES ANDREW . I sold this hat to the prosecutor on Saturday, the 22nd of August, for a guinea; I am in the employ of Mr. Ruttle.

Cross-examined. Q. Is there any private mark in it? A. Yes; the drawer-string under the living, which I never saw before.

Prisoner's Defence. I went into the public-house with my hat on, with two friends - there were several gentlemen in the room; I played at bagatelle, and had one pot of beer; this hat laid on the table - mine was as good as new, and I took this and put it on my head, and did not know but it was my own; the prosecutor came and asked if I had made a mistake, and taken a wrong hat; I said, "No, but if I have this is it," and that I would meet him the next day at the Fox, and if any one could say it was his I would give it up; I had been drinking a little.

NOT GUILTY

1652. FRANCIS PARSONS , THOMAS JACKSON , and MARGARET JACKSON were indicted for stealing, on the 24th of July , 211lbs. weight of bacon, value 4l., and two hams, value 13s. , the goods of Thomas Brown .

MR. CLARKSON conducted the prosecution.

THOMAS BROWN . I am a wholesale cheesemonger , and live in Grafton-street, Soho . On the 24th of July, about nine o'clock in the evening, Parsons came and asked me to shew him some bacon - he looked out three sides, which weight 311lbs.; I made him out a bill which came to 4l. 7s. 11d. - he then asked if I had any hams at a low price - he looked out two, which weighed 31 1/2lbs., and which came to 13s. - he said if I would send them with him he would pay; I said he must wait till my other lad came in as I had only one there; I asked him his name - he hesitated some time; I asked him three times, and then he gave the name of Parsons - I asked where he lived, he hesitated some time, and then said, "Not far from the top of Crown-street;" I said I could not send the goods without knowing where he lived; he said it was of no consequence, he would go with the boy and send the money back; the other boy then came in, and I sent the two boys with him, the sides of bacon, and the hams; in about half an hour Stephen Sadler, one of the boys, returned - he brought no money, but in consequence of what he said I ran with him as fast as I could to Bainbridge-street, St. Giles', and there saw Thomas Jackson shutting up a window; I took him by the arm, and said, "What have you done with the goods these boys brought here?" he said, "I know nothing about them;" I said, "You must know something about them, because you were the boy who brought the light;" he said he knew nothing at all about the hams; I then asked him if he knew the man who came with the goods - he said he knew nothing of the man nor the hams or bacon; I then ordered Sadler to take him into custody - he took him into the room where the goods had been left; I then went into the shop and saw Margaret Jackson - I asked if she knew what had become of the goods; she said she knew nothing of the goods - I asked if she did not know the back premises; she said No; I asked if she did not know the man who ordered them - she said No; the watchman was with me, and I said I should not go out of the house till I had searched - she took a key out of her pocket, and said I might search where I pleased; the watchman was by my side, and said, "We need not go far to search the house;" he took me into the next room, in which there was a bed, by the side of which there was a trap-door which shut down very close; I should not have seen it if it had not been for the watchman - he lifted it up, it led into a cellar - I took his lantern, and we found the three sides of bacon and two hams, which I knew to be mine; I then ordered the watchman to search for the prisoner; he went into a back cellar and brought up Parsons; we then secured the property, and took it to the watch-house with Thomas Jackson and Parsons.

Cross-examined by MR. PHILLIPS. Q. Had you any private mark on it? A. No; but I weighed them out and in; I could tell my own goods if they were down in Yorkshire - I had perhaps five or six tons of them - there was some rubbish in the shop; I saw one pig's head there - I never saw the prisoner before; I have no doubt but this bill of parcel is mine (looking at it), and no doubt he bought these goods and paid for them - he might have come when I was out; this bill is dated October, 1828 - it is the writing of one of my people in Rose-street, where I have another warehouse; I do not know that Jacksons are mother and son - Parsons came alone for the things.

COURT. Q. You do not mean to insinuate that the others were outside the shop at the time? A. I did not see them - there were shop windows to the house in Bainbridge-street, but I did not notice any name over the door - it was dark.

PETER JEFFERYS . I lodge in the house in Bainbridge-street, St. Giles'. I know the three prisoners; Parson's lives there; on the night that Mr. Brown's lads brought the hams and bacon I was in their back kitchen; the two Jacksons were at home and took them in - they were at first placed on a bench in the back kitchen; Mrs. Jackson and the boy removed them into the cellar, I saw them do it - that was after Parsons went away with the two boys - it was about a quarter past nine o'clock.

Cross-examined. Q. Was it not you that put the hams and bacon into the cellar? A. No; I would not do such a thing for the world - there was nothing else in the cellar; I lodge there but my wife does not, she is in prison; I never was in prison - I never said to any one that I had been transported for seven years - I never told any of the prisoners so; I have been twenty-three years in this country, and get my living by selling fruit - I was not taken up with my wife; I was not living with her when she was taken up - she has been in prison about three months.

GEORGE SADLER . I am in the employ of Mr. Thomas Brown . On the 24th of July Parsons came to his shop, and in consequence of my master's directions I went with my brother and Parsons - we took the bacon and ham to a house in Bainbridge-street; Parsons assisted in laying it on a bench - Parsons then called for a light; Thomas Jackson brought one - Mr. Brown had told us, in his hearing, not to leave the goods without the money; when we had put down the goods, Parsons told us to come with him - when we got outside the door he said he wanted some cheese, and he would go to Mr. Brown's for one; when we got part of the way he said it was too late to go that night, if one of us would return he would pay - I returned with him, and my brother followed behind; when we got back to Bainbridge-street, Parsons told me to go into the room where we had delivered the bacon and hams, and he would bring me the money - the bacon and hams were not there then; I waited three or four minutes, and then a woman, not this prisoner, came and asked if I was waiting for Mr. Parsons - I said Yes; she said I need not wait, he was gone down to pay my master- I said I should wait three or four minutes to see if he came back; she then went out of the room - I went to the door and told my brother, and sent him for Mr. Brown, who came shortly and gave me charge of the boy Jackson, whom he brought into the room to me - I had only seen him at the time he brought the light.

Cross-examined by MR. PHILLIPS. Q. Was not he acting as a servant? A. He brought the light; I saw Margaret Jackson standing in the house when I was going to take the bacon to the watch-house - Parsons did not say that he had only 4l. 10s. in the house, but he would go and get the difference; I did not notice whether there was any counter or any articles in the shop.

STEPHEN SADLER . What my brother has stated is correct - the first I saw of Margaret Jackson was when we were going to the watch-house.

CHARLES BANNIS . I am a watchman of Bloomsbury. I know the house in Bainbridge-street; this time twelve months Mr. Jackson lived there, the husband of this woman, and the father of this boy - Parsons married Jackson's daughter, and came to live there - Jackson and his wife were indicted by the parish and went to prison; I heard the rattle spring, went, and met Mr. Brown, who told me what he wanted and said he should search the house - I heard him ask this boy where the bacon was; he said he knew nothing about it, that it was not in the house - I heard Mr. Brown ask this woman, and she said the same; she reached him the keys, and said he might search every room in the house - I told him to come in with me, I knew where it was if it was in the house, and I showed him the trap door in the back parlour - I lent Mr. Brown my light, then went down, and found the bacon and hams under my feet; the lad came down - I went to another part of the cellar and found Parsons there doing nothing; I asked him whether he stole the bacon - he said he bought the bacon, and did not care any thing about Mr. Brown.

Cross-examined. Q. You asked him whether he stole it, and he said he bought it? A. Yes; I asked him if he paid for it; he said he had not - I did not see this woman in prison; I was not at the marriage of Parsons and Jackson's daughter - I was watchman of that beat.

MR. CLARKSON. Q. Have you known Parsons and Jackson's daughter to live together as husband and wife? A. Yes; Jackson was tried for keeping five or six bad houses, and that house was one - she had six months' imprisonment: Parsons came there while they were in prison.

MR. BROWN re-examined. Q. Can you form any idea of the value of the articles in the shop? A. I suppose there were not more than 2l. worth of goods - I saw some small bits of bacon and some other little things.

STEPHEN SADLER . From the time Parsons' came to the house to their going to the watch-house, I suppose an hour elapsed - they went to the watch-house about ten o'clock.

GEORGE SADLER re-examined. Q. What time elapsed between Mr. Parsons' desiring you to go with him, and he would pay Mr. Brown, and your coming back and finding the bacon gone from the bench? A. I suppose about twenty minutes; we walked down a few streets, and stopped talking I suppose for five minutes.

Parsons' Defence, I told him to wait five minutes while I went to borrow 10s.; I went to a neighbour in the same line in the next street to borrow 10s. - when I came back he was gone: I said, "Is he gone?" this woman said, "Yes, he did not wait half a moment;" I said, "I suppose he won't come back to-night?" and directly Mr. Brown, with a lot of watchmen, came and broke open our doors.

PARSONS - GUILTY . Aged 26.

M. JACKSON - GUILTY . Aged 48.

Transported for Seven Years .

THOS. JACKSON - GUILTY . Aged 16.

Whipped and Discharged.

1652. EDWARD LAW was indicted for stealing, on the 7th of September , 4 live tame ducks, price 3s. , the property of John Pursar .

JOHN PURSAR . I am a carman . On the 7th of Sep tember, about half-past five o'clock in the morning, I was in the shed; my wife called me into the house, and I found the prisoner there - the ducks had gone out; the prisoner said he had not hurt them - I had seen them safe that morning; I had six of them.

NANCY PURSAR . I am the prosecutor's wife. I saw the prisoner, who had the four ducks, in his apron at the end of a court, about three doors from our place in Globe-fields - I asked what he had got there; he made no answer - I laid hold of his apron, and some of them fell down; I took hold of his coat and he said, "Let me go, I have not hurt them."

GEORGE HOY . I heard a noise, looked out of window, and saw the prisoner come out of the court with the ducks in his apron; the prosecutrix laid hold of him - I came down, and took hold of him; he said he was going to sell one of them to get bread for his breakfast.

Prisoner's Defence. I never said I meant to sell one of them.

GUILTY. Aged 23.

Recommended to Mercy by the prosecutor, having heard a good character of him .

Confined Two Months .

1653. REBECCA MONKSFIELD and JANE MULLINS were indicted for stealing, on the 8th of August , 17 pairs of shoes, value 3l. 8s. , the goods of Thomas Deeble Dutton .

THOMAS DEEBLE DUTTON . I keep a shoe warehouse in the Borough . On the 8th of August I received information, and missed eighteen or twenty pairs of shoes - I had known Monksfield for two years; she used to bring a few pairs of shoes of her own manufacture to my shop, for sale two or three times a week.

MARY BURNESS . I live in Cock-alley, Norton Falgate, and know Monksfield by her coming down that alley to see Mullins. On the 8th of August I was in Camberwell-road, and saw the two prisoners together, a good way from Mr. Dutton's shop - they asked me where I was going; I said I was going home - Monksfield said she was going to the shop to get some shoes to bind; Mullins and I waited - Monksfield went to the shop and brought out six pairs of shoes, and gave them to us to mind, on the step of a door; she said she had to go back in half an hour - that was some distance from the shop; I did not see the shop - she then brought out some more, and put them altogether in her lap; and as we were coming over London-bridge, Monksfield said, "Mullins, how you tremble, if there is any thing amiss I will take it all on myself" - we went home and counted the shoes on the bed; there were seventeen pairs, which she said she had from Mr. Dutton's to bind - they were bound, and I said they did not want binding; she said they did - we then went out with them, and she pawned some; she said she wanted 1l. 12s. to get a young man out of prison - she pawned one pair at Mr. Cotton's, and one pair further on, and then we stopped at the corner of Old-street, and she said she pawned some, but I do not know how many - I pawned one pair at the corner of Long-alley, and gave the money to Mullins; I went to pawn another pair in Aldersgate-street, and there I was stopped.

Cross-examined by MR. LEE. Q. How long have you known Monksfield? A. About two years - we were at a considerable distance from the shop; I did not see it - we watched her as far as we could see; as we were coming past the shop, she said that was Mr. Dutton's - I thought it must be wrong when I saw the shoes were bound; it was the first time I had been with her - Monksfield was at the door when I was taken; I did not partake of the produce - Monksfield bought a penny pie, and gave us some of it; I met them casually on the road.

JOHN JOHNSON . I received information from Burness' father went to a house in Shepherd's-court, and saw Monksfield, and took her - Mullins was there on a bed; I took them to the watch-house, and told Monksfield it was my duty to ask a few questions, and that what she said might come in evidence against her - she then said she had got six pairs from Mr. Dutton's; had given some of them to the witness, some to Mullins, and she had pawned some herself.

Cross-examined. Q. Where was Monksfield? A. Behind a bedstead - she went into hysterics; I put her into a chair, and told her not to be frightened, nobody would hurt her - Birch was below stairs when I took her; she said she was pregnant.

JOSEPH BIRCH . I went with Johnson. I said to Mullins, "I suppose you know our business?" she said, "No, I don't" - I said it was about some shoes; she then began crying, and said she knew, and that she had pawned one pair - Monksfield had been denied by the woman of the house; but Mullins said she was concealed up stairs.

Cross-examined. Q. Did you go up stairs where Monksfield was? A. Yes - there was no violence used towards us.

GEORGE CHAMP . I live in Aldersgate-street, and am a pawnbroker. Burness came in and asked 4s. on a pair of shoes - she said they belonged to her father, who was a shoemaker; I asked if he made them - she said Yes; I knew that to be false, as I knew they were Northampton shoes, and I gave her into custody.

JOHN BUNCE . I received Burness in charge with this pair of shoes.

FRANCIS COTTON . I am a pawnbroker. I took in these shoes on the 8th of August, but I do not know of whom.

RICHARD BARREN . I am a pawnbroker. I have three pairs of shoes, all pawned by Monksfield, at different times - the last two pairs on the 8th of August; I questioned her, and she said they belonged to her father - I examined them, found Mr. Dutton's name, and gave information.

Cross-examined. Q. How often have you seen Monksfield. A. About four times - they were pawned in the name of Monksfield and Sharter, and different addresses, which raised my suspicion; I found the label on a pair which had been pawned on the 27th of June, which I examined when she left the last pair.

MATTHEW POULTER . I am a pawnbroker, and live in Holywell-lane. I have some shoes pawned by Monksfield, on the 8th of August, in the name of Rebecca Towers .

Cross-examined. Q. You knew her name was Monksfield? A. Yes - when she gave me the name of Towers, I asked if that was her name; she intimated she was married, and her husband was a shoemaker - I took in two pairs.

HENRY ATTENBOROUGH . I am a pawnbroker. I took in these shoes of Burness on the 8th of August, between ten and eleven o'clock, in the name of Davis.

MR. DUTTON. This pair of shoes were given up to me at Guildhall; these I have brought to match - this pair have my own writing in them.

MONKSFIELD - GUILTY . Aged 18.

Transported for Seven Years .

MULLINS - NOT GUILTY .

1654. MARY ANN NEAL was indicted for stealing, on the 12th of July , 1 coat, value 2l., and 1 handkerchief, value 1s., the goods of James Hayes ; 1 shirt, value 4s., and 1 apron, value 1s., the goods of James Norton .

JAMES HAYES . I went to reside at James Norton 's, with my wife and child, where the prisoner lodged - I had only been there two nights, when the prisoner said she wanted to get up early on the Sunday morning, to go to the first prayers - I heard a noise about six o'clock, and saw her moving my coat; I thought she was looking for something - she again said she wanted to go to the first prayers; soon afterwards the young woman came up and said to her sister-in-law, "Have you taken down James' shirt, that laid in a chair down stairs?" I sat up, and missed my coat - the landlord and I went out in search of the prisoner; we went to Church-street, St. Giles': a woman there gave us information.

MARY HAYES . I am the prosecutor's wife. We went on Thursday and stopped the prisoner in the street, going to the workhouse; we got an officer, and she was taken -I asked if she had left us for good; she said No, she was going back that night - Norton's wife then said, "How came you to serve me as you did?" she began to cry, and said, "Don't knock me about, but take me to the watch-house;" I mentioned to her that we had lost a blue coat, a silk handkerchief, and a case of razors - she said, "I am guilty, but don't knock me about."

BRIDGET NORTON . I am single. The prisoner slept with me; I had an apron of my sister-in-law's - she said she wanted to get up between five and six o'clock, to go to early prayers; I got up about six o'clock, and missed the apron and a shirt of my brother's; Hayes said his coat was gone - we found her afterwards in St. Giles', when she took the duplicate, and began to chew it.

ELLEN NORTON . I am the wife of John Norton . The shirt was his - the apron was mine; I found the apron at a pawnbroker's; when we took the prisoner she put this duplicate into her mouth, and I took it out.

JOHN WATERS . I am an officer, and took up the prisoner; this duplicate was given to me by Ellen Norton, who took it from the prisoner's mouth.

The prisoner put in a written Defence, stating that the duplicates were given her by a Mrs. Smith, and that she never had possession of the articles.

GUILTY . Aged 50.

Confined Fourteen Days .

1655. JAMES ROBINSON was indicted for stealing, on the 2nd of September , 2 coats, value 10s.; 2 pairs of breeches, value 3s.; 2 waistcoats, value 3s.; 1 knife, value 2d.; 2 shirts, value 1s.; 2 pairs of stockings, value 1s., and 3 neck-cloths, value 1s., the goods of Jeremiah Rice ; and 1 coat, value 10s.; 1 hat, value 10s., and 1 hat-band, value 2s., the goods of Sanderson Turner Sturtevant .

JEREMIAH RICE . I am in the service of Sanderson Turner Sturtevant . I lost a livery coat, a hat, and a silver band, of my master's, and two coats, two pairs of small clothes, and other things of my own; part of them were in a box, and part on the balustrade - they were safe at twelve o'clock, and were gone at two. On the Wednesday or Thursday, about half-past one o'clock, I took the prisoner in the coach-house - he had a pair of small clothes, a shirt, and a neck-cloth of mine on; I said, "They are my property;" he made no answer - the rest of the property I have not seen.

JOSHUA CLEMENTS . I was sent for, and found the prisoner in custody - the witness identified these things, which the prisoner then had on.

GUILTY . Aged 21.

Transported for Seven Years .

1656. MARY SEAGAR was indicted for stealing, on the 14th of August , 2 pairs of shoes, value 4s. , the goods of William John Huetson .

WILLIAM JOHN HUETSON . I am a pawnbroker , and live in Kingsland-road . On the 14th of August I was in the parlour - my young man called to me, and pointed out the prisoner; I took her four or five doors off, and found two pairs of shoes on her.

GEORGE ARNOLD . I am in the service of Mr. Huetson. I saw the prisoner come to the shop, and take a pair of women's shoes, and then a pair of men's; I saw her by the reflection of a looking-glass.

WILLIAM HALL . I am an officer, and took the prisoner - I asked how she came to take them - she said it was distress.(Property produced and sworn to.)

GUILTY. Aged 21.

Recommended to Mercy . - Confined One Month .

1657. JOHN WILLIAMS was indicted for stealing, on the 7th of August , 1 boot, value 5s. , the goods of William Jackman .

MOSES PACKER . I am in the service of Mr. William Jack man - he is a boot-maker , and lives in High-street, St. Giles' . This boot is his property; I did not miss it till the prisoner was brought in with it by Hale; he said he picked it up under the window, and was going to bring it in.

WILLIAM HALE . I am a milkman. I saw the prisoner and some others, looking through the prosecutor's window; the prisoner had the boot concealed under his coat - I asked what he was going to do with it; he said he had picked it up - I said I had no doubt it belonged to Mr. Jackman, and I took him there.

Prisoner. Q. Did I not say I was going to take it back? A. No - it appeared to be concealed.

FRANCIS JOHN GATES . I am an officer. I took the prisoner, and bring the boot - one of the loops is cut.

Prisoner. Q. Was there not a person came into the house, who said I picked it up? A. There was a little boy said so, but he did not come to the watch-house.

Prisoner's Defence. I had not long left work; the boot must have been cut down by some person - there was nothing found on me, neither knife nor scissors.

MOSES PACKER . I had seen it safe about eight o'clock- there was nothing found on the prisoner by which it could have been cut.

WILLIAM HALE . The prisoner was not moving at all; I stood at my door, which is the next house, and saw him for nearly a minute - the other boot was hanging just inside the door, seven or eight feet from where he was.

NOT GUILTY .

1658. GEORGE WEST was indicted for stealing, on the 12th of August , 1 fixture, (i. e.) 1 copper, value 30s., the goods of William Cox , and fixed to a certain building .

It being the property of Elizabeth Cox , widow, the prisoner was ACQUITTED .

1659. THOMAS TRIBE was indicted for stealing, on the 6th of September , 1 pair of pincers, value 3s.; 1 hammer, value 1s., and 1 steel baffer, value 6d., the goods of Samuel Townley , his master .

SAMUEL TOWNLEY . I am a farrier , and live near Bedford-row . The prisoner was in my employ on the 6th of September - he had been working with me till the Saturday, and on the Sunday morning I said, "Will you come and shoe some horses in Doughty-mews, and I will give you your breakfast;" he came and took some tools, and went - he came back, and laid down the rasp; I thought he had laid down all the tools, but he had not - in the afternoon I heard that he had sold them; these are the articles; I took him about nine o'clock in the evening - he was not in liquor in the morning.

WILLIAM HARRIS . I am a farrier. I saw the prisoner at the bottom of Melborne-street that morning: he offered me these tools for sale - I asked if they were his master's; he declared they were not, and said he wanted 6d. to get himself some breakfast; I said, "If you want 6d. you shall have it; and if the tools belong to your master, come to-morrow morning, and you shall have them."

JAMES WOOD . I was present when the prisoner came up and asked Harris to buy these tools; he declared they were his own - what Harris has stated is correct.

Prisoner's Defence. This witness was quite drunk - he had been all night at the Roebuck.

NOT GUILTY .

1660. WILLIAM KIRSHAW was indicted for stealing, on the 18th of July , 1 dead goose, value 6s., the goods of William Hayward ; and that at the Delivery of the King's Goal of Newgate, holden on the 9th of day of April, in the Tenth Year of the Reign of his present Majesty, he was convicted of felony .

WILLIAM HAYWARD . I am a poulterer , and live in Red Lion-street, Holborn . On the 18th of July, about nine o'clock in the evening, I was standing in the shop, speaking to a gentleman, when some persons outside gave an alarm that some person had stolen a goose; I went out, and saw the prisoner running with it in his hand; he dropped it before I caught him - I did not see it taken up.

WILLIAM LLOYD . I heard Stop thief! called; I run up, and took the prisoner from the prosecutor; some person afterwards brought the goose to Mr. Hayward at the shop - I produce a copy of a former conviction of the prisoner by the name of Luke Kirshaw - I was present; he received three months imprisonment - she prisoner is the person.

GUILTY . Aged 20.

Transported for Life .

1661. SAMUEL PARKER was indicted for stealing, on the 24th of July , 2lbs. weight of pork, value 1s. 6d. , the goods of Peter James Crosby .

THOMAS PENNINGTON . I am shopman to Mr. Crosby, a porkman , of Shoreditch . On Friday, the 24th of July, Daniels came in, and told me something; I went out, saw the prisoner walking on the edge of the pavement, and took him; he had nothing on him then - I missed a piece of pork from my master's board inside the window.

JOSEPH DANIELS . I was near Mr. Crosby's, and saw the prisoner take a piece of pork from off the board; he walked away, and when he got a good way he put it into his coat; I went and told the man - I do not know what became of the pork; the prisoner had a lame chap with him at the time.

RICHARD REEVES . I am a constable. I took the prisoner.

Prisoner's Defence. I was walking along, and the gentleman said, "What have you got about you?" I said Nothing; he took me to the watch-house, and then told the boy to say I had put it under my coat.

JOSEPH DANIELS . re-examined. No one told me to say he put it under his coat.

NOT GUILTY .

1662. ISAAC QUINCE was indicted for stealing, on the 17th of April , 4 chairs, value 8s.; 2 candlesticks, value 2s.; 1 piece of baize, value 6d.; 1 clock, value 6s.; 3 pictures, value 4s.; 1 pair of shoes, value 2s, and 1 carpet, value 4s. , the goods of James Merchant .

JAMES MERCHANT . I keep the Virginia-row Sunday school, Bethnal-green . I was in the school-room on the 6th of April; these articles were there then; next morning the door was broken open, and they were all missing - that was on the morning of Good Friday.

Cross-examined by MR. PHILLIPS. Q. How soon did you see the chairs again? A. In about three months.

THOMAS CARRANT . I took the prisoner into custody on the 14th of July, and found four chairs in his room - I found these house-breaking implements at the bottom of a tub of water.

JOHN ROBERTSON . I went to the same place, and found these pieces of green baize there.

ANN DOLLWOOD . I was a teacher in this school. I I know this chair from its having some ink on it, which stained my gown.

EDMUND DARNLEY . I am a pawnbroker. This pair of candlesticks were pawned with me on the 27th of June, by Esther Brakshaw .

ESTHER BRAKSHAW . I pawned these candlesticks; Mary Baker, whom I have seen in the prisoner's room, gave them me to pawn.

NOT GUILTY .

1663. JOHN FOLEY was indicted for stealing, on the 12th of August , 1 handkerchief, value 4s., the goods of Charles Ball , from his person .

CHARLES BALL . On the 12th of August I was in Church-street, St. Giles' , about three o'clock in the morning; I felt my handkerchief taken, turned and saw the prisoner behind me; he ran off; I chased him, and caught him - he threw down the handkerchief, and I took it up; this is it.

Prisoner. Q. Did you see me throw it down? A. Yes - there was no young woman with me.

THOMAS SWEENEY . I received the prisoner in charge, and this handkerchief.

Prisoner's Defence. I was standing still - he came and took me.

GUILTY . Aged 19.

Transported for Fourteen Years .

1664. THOMAS LAZARUS was indicted for stealing, on the 27th of July , 1 purse, value 1d.; 1 sovereign, and 11s., the monies of James Salter , from the person of Ann his wife .

JAMES SALTER . I was out with my wife, on the 27th of July, at the corner of Old-street, opposite Shoreditch-church , about nine o'clock at night; we were close together, but she had not hold of my arm; she gave an alarm, and said the prisoner had picked her pocket - I collared him; he held out both his hands, and said, "See, Sir, that I don't drop any thing;" I took him to the watch-house.

ANN SALTER . I was there looking to see if a man was hurt who had been run over; I found the prisoner's hand in my pocket; he took out a purse with 31s. in it - I saw his hand come from my pocket, but I did not see the purse - I had had it not three minutes before, and had not taken it out for any thing; there were other persons near; I saw him put his hand behind me, to give it to some one; there were three duplicates in the purse.

WILLIAM MORTON . I received charge of the prisoner; I have 3s. 6d. and one duplicate which I found on him.

ANN SALTER re-examined. I was outside the crowd; there were some persons on the other side of me, about half a yard from me; I laid hold of the prisoner directly, and called my husband.

Prisoner's Defence. I saw a man run over; I went to see what was the matter; there were about one hundred and fifty people; this woman caught hold of me, and said,"I have lost my purse, you rascal, I have, and my money;" I said, "Don't collar me, I never stole any thing in my life;" I said, "Feel again;" she did, and then called her husband.

ANN SALTER . It was not a dark evening; I have no doubt as to whether I seized the person whose hand had been in my pocket.

GUILTY . Aged 16.

Transported for Fourteen Years .

1665. CATHERINE FENNICK was indicted for stealing, on the 26th of August , 1 half-crown, 4 shillings, and 1 sixpence, the monies of John Crabb , from his person .

JOHN CRABB . On the 26th of August, about twelve o'clock at night, I was going down the Uxbridge road ; I felt the prisoner come behind me, and take 4s., a half-crown, and sixpence, which was loose in my left-hand waistcoat pocket - she came behind, then came beside me, and drew my money; she had asked where I was going, I said Home; as soon as she got the money she ran away; I called Stop thief! a watchman, who was close at hand, took her - the money was found on her.

JAMES CLARK . I am a watchman. I took the prisoner, and saw the money found on her.

PETER HOLT . I am a watch-house-keeper. The prosecutor told me what he had lost, and I found the money on the prisoner.

GUILTY . Aged 52.

Confined Six Months .

1666. WALTER FLEMING was indicted for bigamy .

The witnesses did not appear. NOT GUILTY .

1667. WILLIAM CONNELLY was indicted for bigamy .

WILLIAM TAYLOR . I am parish-clerk of St. Giles'. On the 26th of December, 1827, William Connelly and Eleanor Halfpenny were married; I signed the register - the other witness was Thomas Fitzpatrick ; I remember the woman, but I will not swear that the prisoner is the man.

BENJAMIN TIMBRELL . The prisoner's first wife gave him into custody, and said he was her husband; she said,"Connelly, you know you are my husband;" he said he could not help it; when I came down the father of the second wife put a certificate into my hand.

CATHERINE FOGARTY . I married the prisoner on the 29th of June, 1829, by the name of Patrick Connelly.

Prisoner. I never saw this parish-clerk in my life till I saw him at the office; at the time he states the first marriage took place I was at sea.

WILLIAM TAYLOR re-examined. Q. Did you see the first wife? A. Yes, before the Magistrate - she was the person who was married that day; a particular day was appointed for them to be married; they came, and then we found there had been no banns published; that occasioned some delay - she mentioned that to me at the office, and I remembered the circumstance; I cannot swear to the prisoner; it was a man named Connelly.

Prisoner to BENJAMIN TIMBRELL . Q. Were not many persons present when you came to take me? A. No one but myself and his wife; she knocked at the door; he opened it, and said he was her husband.

NOT GUILTY .

1666. MARY SEARS was indicted for stealing, on the 12th of August , 9 sovereigns, and 18 shillings , the monies of John Whitehouse .

JOHN WHITEHOUSE . I am a boatman . I was at the canal in the City-road, and on the 12th of August I went with George Yarnell to the King's Bench; on returning we met with the prisoner and another - we went to a public-house, had a pot of beer and a drop of gin, and afterwards I went home with her to Chequer-alley ; Yarnell went to the same house with the other woman - the prisoner and I went into the one pair room, and Yarnell and the other to the room above; before we parted to go to sleep we had all been in one room together, and had a gallon of beer, or half and half - I had rather too much; when I went into the room with the prisoner, I found a young man under the bed - I called down Yarnell, and he turned him out; the prisoner and I then went to bed - I cannot say that I locked the door; I believe I went to sleep, but whether the prisoner did or did not I do not know - at six o'clock in the morning Yarnell came down and said, "Come, Whitehouse, I am done clean, how are you?" he took hold of my small clothes, and there was nothing in them; my purse, the keys of the cupboard of my boat, and some papers, were lying on the floor, but the money was all gone - there had been nine sovereigns in my fob, and 18s. in my purse; I put ten sovereigns into my fob as I was going to the Bench, as I thought there might be some street rows - I afterwards took one out, and changed it to pay for the beer; when I awoke in the morning the prisoner was gone - we went to Paddington, came back to the same room, and met the landlord of the house; he said, "One of your mates is quite drunk" - we went up to the room, and saw the prisoner as drunk as an owl; I said to her, "If you will give what is left, I will not hurt you" - she up with an oath, and d-d my mortal eyes, she struck at me twice, but I kept off the blow; she was taken into custody, but I never got 1d. of my money.

GEORGE YARNELL . I went to this house, and had a girl up stairs, and so had he; I was done clean, as well as him - I was not drunk, I knew what I was doing; he had some liquor, and was rather further gone than I was - he called me down: there was a man under the bed, and I took him out - I did not observe whether there was a lock to the door.

SAMUEL MOORE . I am a boatman. I went with these two men, and had some drink - they said they had had their pockets picked; I went with them to Chequer-alley and saw the prisoner - she began to wink and laugh at me; I went and sat down by her - she said the people down stairs took the money, gave her two sovereigns, and she had bought a Leghorn bonnet, a shawl, and a pair of stockings; Whitehouse said she had better give him the money, and he would say no more about it - she said, "How much did you lose?" he said, "You know;" she said, "If you will let me go down stairs, I will go and find the money; if it costs me my life."

THOMAS WALKER . I took the prisoner on the 13th of August - she was very tipsy.

Prisoner's Defence. I was going down the road; they came and asked where I was going - I said, "Any where;" they asked me to have something to drink; two females came up, and one of them said she had 2d. towards half a pint of gin - they were then going away, and he told me to call one of them back, who lived with me, which I did; we afterwards went to several other places and drank, and then went home - when we got to my room my brother was there; he said he should not be there; he called the other man down to put him out, and said he should come up stairs and sleep with him - we then went to bed; the prosecutor got up and said he was very thirsty, he wanted some water - I said I could not get any; he struck me twice, and I had a black eye - I went to try to get some beer, and could not; a young woman said I could get some in Smithfield - we stopped there drinking; when I got back there were four of them in the room.

GUILTY (of stealing only.) Aged 22.

Transported for Seven Years .

1669. GEORGE BARBER was indicted for stealing, on the 3rd of September , 14lbs. weight of lead, value 1s. 4d., the goods of Richard Phillips , and fixed to a certain building ; against the Statute, &c.

RICHARD PHILLIPS . I am an auctioneer - I have a dwelling-house in Chiswell-street, St. Luke's . On the 3rd of September I was informed that the prisoner, who was in my employ, had been selling some lead; I went to examine under the attic windows of my house, which he had been cleaning, and missed lead - I went to the house of Mrs. Ridley, a dealer in marine-stores; she said she had taken some lead to a Mr. Jay, next door, a plumber - we went there, and got this lead; I matched it to my house, and it corresponded exactly - it is a piece that went under the window, and overhung the window; there are nail marks in it which exactly correspond - I had seen it safe the week before.

THOMAS VANN . I am an officer. I produce the lead, which exactly fitted the place; Mrs. Ridley said she took it to Mr. Jay's - the prisoner owned that he did it; he said he had got a wife and child, and hoped his master would forgive him.

The prisoner received a good character.

GUILTY. Aged 22.

Recommended to Mercy . - Confined Three Months .

1670. DANIEL WITHEY and ANN WITHEY were indicted for stealing, on the 11th of August , 2 blankets, value 12s.; 2 sheets, value 6s.; 2 pillows, value 3s.; 1 bolster, value 7s.; 1 set of fire-irons, value 6s.; 2 flatirons, value 1s.; 2 saucepans, value 3s.; 2 pillow cases, value 1s.; 1 table-cloth, value 1s.; 1 pail, value 1s.; 1 Italian iron, value 6d.; 2 trays, value 1s.; 1 tea-pot, value 1s. 6d.; 1 frying-pan, value 6d.; 1 towel, value 6d.; 20lbs. weight of feathers, value 20s., and 1 bed-tick, value 4s. , the goods of William Woodgate .

ALICE WOODGATE . I was the wife of William Woodgate ; he is lately dead - the prisoners lodged at our house on the 11th of August; they left without giving us notice - the articles stated were missed from their room; two pillows and a towel were produced at the office - I am certain all the articles were there when they went to live there; my husband was then living.

WILLIAM TYE . I am a pawnbroker; I have two pillows pawned by a female, but I do not know by whom - one on the 3rd of August, and one on the 11th in the name of Withey.

THOMAS BURCHELL . I have a towel pawned in the name of Ann Withey ; I do not know who brought it.

THOMAS HENRY THOMPSON . I received the duplicate of the towel from Mrs. Woodgate; it had been left in their lodgings.

THOMAS THOMPSON . I apprehended the man, and asked if he had lodged in Devonshire-street; he said Yes - I asked if he knew any thing of the things going out of the room; he asked if they missed any thing -I said Yes.

Daniel Witney , in a long defence, stated that he had quarrelled with his wife, and left the room, at which time all the property was safe.

Ann Withey's Defence. I left the lodging through my husband's ill-usage; I left every thing there but the pillows, which I meant to put in their place again.

ANN WITHEY - GUILTY . Aged 50.

Confined One Month .

DANIEL WITHEY - NOT GUILTY .

1671. THOMAS WILLIAMS was indicted for stealing, on the 1st of January , 1 time-piece, value 2l. , the goods of Samuel Player .

MARIA PLAYER . I am wife of Samul Player; we live at Hackney . We lost a time-piece off the mantel-piece in our front room, about the middle of last September; I had seen it about five hours before - the prisoner was left in charge of a horse and cart opposite our house, and was there nearly the whole of the day; my husband was out of town, and I had occasion to go out - when I returned the time-piece was gone; the horse and cart were still there, and the prisoner was about the premises - I told him of it, and so did my husband: he said he had gone into the house to light his pipe, but had not touched the time-piece.

JOHN MATTHEWS . I am in the service of the prosecutor; he is a chimney-sweeper - the prisoner was in the yard minding a cart; I know the time-piece was on the mantelpiece.

JOHN KALTANBACK . The prisoner sold this time-piece to me in the middle of last September; he looked like a brewer's servant.

Prisoner. When the officer took me to his house, he said, "I never bought a time-piece of you - I never saw you." Witness. He came in the evening, and I could not tell him then, not having a proper view of him, but I know he is the man.

SAMUEL CLEBERLY . I am a constable. I took up the prisoner; the witness did not know him at first.

Prisoner's Defence. I was in the yard with fifty bushels of soot; the mistress said the time-piece was lost; I stripped myself in the yard, and they saw I had not got it.

NOT GUILTY .

1672. JOHN WHITE was indicted for stealing, on the 18th of May , I saw, value 5s. , the goods of James Buck .

JAMES BUCK . On the 18th of May, I met the prisoner in Mile-end; he asked if I wanted a job; I said Yes - he said he was foreman over a job at Tottenham, and wanted another man; he engaged me at 30s. a week, and told me to take my tools down to the Half Moon in Smithfield; I went there, and took a man with me - he engaged him to come on the following Monday; we went off to go to Islington, where he said we should get a ride - he asked if he should carry my two saws; I said No, he might carry the big one, and I would carry the other in my basket; we went on to the George the Fourth, in Old-street , and he told me to set down my tools, and he would be out in a few minutes - he went through the house, and got away - I never saw him again till he was taken up.

JOHN CLARK . I received charge of the prisoner; he said he was not the person; I found six duplicates on him- five of them were for carpenter's tools; one is for the prosecutor's saw, and one for a coat.

Prisoner's Defence. The prosecutor overtook me a fortnight ago, and asked me about the saw; I said, "What saw? I never saw you in my life:" I went with him to four places to find an officer, and we could not; we then went to this officer, who took me to Worship-street; I can safely say, I never saw him before he took me.

WILLIAM BUCK . I was with my brother, and saw the prisoner take the saw.

JAMES BUCK . I am certain he is the man.

GUILTY . Aged 52.

Transported for Seven Years .

1673. JOHN WILLIAMS was indicted for stealing, on the 19th of August , 1 work-box, value 5s. , the goods of Thomas Moore .

THOMAS MOORE . I lost a work-box on the 19th of August: it had been standing on a glass-case in my shop, No.26, Rathbone-place - I had seen it in the morning.

Cross-examined by MR. PHILLIPS. Q. Have you any private mark on it? A. Yes.

DANIEL RIORDAN . I was in Crown-street, about half-past eight o'clock, and saw the prisoner and another; I followed them - they separated, and joined company again; I then took the prisoner, and asked what he had got; he said what was that to me; I took this work-box from under his arm - he said he had it to take home for his sister; I took him to the watch-house; he then said he bought it of a young man.

Cross-examined. Q. Did not you tell him you would give him a lift for being saucy? A. No; he was rather bounceable; he said, I am a respectable man, and will let you know it;" I had seen him about four months ago.(Property produced and sworn to.)

Prisoner's Defence. A young man came up, and asked the way to the Seven-dials; the officer then came up, and asked what I had got - I said what was it to him; he said he was an officer - I said, "It is a workbox I bought of a young man for my sister;" he then took me: I was in London five month's ago, but have been in the country since.

GUILTY . Aged 19.

Transported for Seven Years .

1774. CHARLOTTE SMITH was indicted for stealing, on the 14th of July , 2 pairs of shoes, value 5s., and 1 jacket, value 3s., the goods of William Hutchinson , and 1 counterpane, value 2s., the goods of Elizabeth Beteux .

WILLIAM HUTCHINSON . On the 13th of July I met the prisoner about midnight, near Smithfield, and took her to my lodgings; I locked the door inside - I awoke about six o'clock in the morning; she was gone, with two pairs of shoes and a jacket - the counterpane was gone from the bed, but I did not miss that till it was found at the pawnbroker's; the lower part of the house has a passage which leads to a bath-house.

Cross-examined by MR. PHILLIPS. Q. Are you sure you locked your door? A. Yes; I was not perfectly sober - I recollect locking the door perfectly well; I did not give the prisoner any money, but I promised her 2s. -1 had 15s. in a drawer in the same room.

ELIZABETH BETEUX . The witness lodges in that house - I keep the house; he had a quilt of mine on his bed - this is it.

RICHARD EDWARD BARBER . I am a pawnbroker. On the 14th of July I received these shoes from a woman, who I believe the prisoner, but she is very much altered now, to when I saw her at Hatton-garden - they were pawned in the name of Ann Freeman ; I received this jacket the same day, but not at the same time, in the name of Ann Sullivan - I received this counterpane the same day, in the name of Ann Taylor - I cannot say from whom.

Cross-examined by MR. PHILLIPS. Q. You would not swear to the other articles being pawned by her? A. No- only the shoes; I believe a different woman pawned the other things.

WILLIAM CLARK . I am a constable. I took the prisoner about the 17th of July - I found nothing on her; I heard Mr. Barber, at Hatton-garden, say he thought it was her, but was not certain; I do not see any alteration in her - I should know her again. NOT GUILTY .

Fifth Middlesex Jury - Before Mr. Sergeant Arabin

1775. GEORGE SMITH was indicted for stealing, on the 11th of August , 1 grafting tool, value 3s., and 1 pickaxe, value 3s. , the goods of James Bunyan .

JAMES BUNYAN . I am an excavator , and live in Southampton-court. On the 10th of August I was sinking a sewer for a gentleman, and left my tools while I went to dinner - when I returned these two articles were gone; I went to the lodgings of the prisoner, who worked for me, and asked if he had taken the things - he said he had not; I asked if he would allow me to look in his room - he took me into his bed-room, and pulled out the bed and bedstead in the middle of the room, and took the bed off the bedstead - he then opened two cupboards, but they were not there; I then saw another cupboard - he said that was locked, and he could not open it; I said I would have it opened - I put my hand to it, opened it, and found the tools. GUILTY . Aged 20.

Confined One Month .

1776. WILLIAM KING was indicted for stealing, on the 31st of August , 1 pick-axe, value 1s. , the goods of William Stiles .

WILLIAM STILES . The prisoner had been in my employ for a fortnight before the 31st of August; I am a stone-mason - I missed my pick-axe on the 31st of August; the prisoner was not there then - he had access to the pickaxe on the works; it has not been found.

THOMAS DORMAN . I work for the prosecutor. Last Monday-week, at half-past eleven o'clock, I was called out of a public-house to go and unload a cart; I saw the prisoner go into the carpenter's yard, and take master's pick-axe, and go off with it - when I had done unloading I went to master's brother, and asked if it was lent to him; there was another pick-axe there.

Prisoner's Defence. I never saw any thing of it - I took my rammer and went home at ten o'clock; I did not go out till past two.

THOMAS SHAW . The prisoner is a lodger of mine, and has been so for three months; he has been honest and just - he was in my house from ten o'clock till a quarter to two that day. NOT GUILTY .

1777. WILLIAM ROW and WILLIAM SANDERS were indicted for stealing, on the 20th of August , I live tame rabbit, price 4s. , the property of Jeremiah Dodd .

WILLIAM HALL . I am an inspector of St. Luke's watch. On the 20th of August, before twelve o'clock at night, the prisoners passed me in Windmill-street- Row had something under his jacket and Sanders had a jail dress on; I followed them - they walked quickly on to Finsbury-square, and then Sauders ran away: I took Row, and asked what he had got - he said a rabbit which he had found in Hoxton; I asked where he lived - he said he had no home, but slept in Fleet-market - next morning he told me he had found it in Tabernacle-square; I found Sanders on the 28th, about three quarters of a mile from the prosecutor's.

Cross-examined by MR. PHILLIPS. Q. Was it because Sanders had a jail dress on that you suspected him? A. No, I knew him before - Row could not run away, because I collared him.

CAROLINE DODD . I am the wife of Jeremiah Dodd; we live in Hoxton . On Thursday, the 20th of August, I locked up my rabbit at nine o'clock in the evening; it was gone the next morning - four files had been taken off the roof of the shed; I knew Sanders before.

Cross-examined. Q. Where did Sanders live? A. On the same floor with me; I know the rabbit, it has a cut in one of its ears - this is it; I have fed it from its birth - we lost a pick-axe and some other things; I do not know Row.

Row's Defence. I was coming through Hoxton that Thursday evening, and saw the rabbit running across the road; the other prisoner was with me - we ran, and caught it up a gateway.

Sander's Defence. I never had a prison dress on in my life; it was a dress I had from the parish.

ROW - GUILTY . Aged 17.

SANDERS - GUILTY . Aged 17.

Transported for Seven Years .

1778. JOHN RUSSELL was indicted for stealing, on the 23rd of July , 2 shoes, value 4s. , the goods of George James Underwood .

ANN CLAYBROOK . I know the shop of Mr. Under-wood, in Great Wild-street ; he is a shoemaker . On the 23rd of July, about half-past three o'clock, I saw the prisoner near the shop, and he walked away with a pair of shoes; I told my mother of it.

JAMES BROWN . I am an apprentice to Mr. George James Underwood. On the 23rd of July, at half-past three o'clock, I was down stairs, and heard an alarm-I ran up, and saw the prisoner going with the shoes; I went, and took them from him - I hung them up in their place again.

Cross-examined by MR. PHILLIPS. Q. Was he drunk? A. He was a little intoxicated, but knew what he was about; he had told my master, the night before, that if he did not give him money he would take a pair of shoes, and he told him the next day that he would take another pair if he did not give him money - he worked for my master.

NOT GUILTY .

1779. ELIZABETH PARKER was indicted for for stealing, on the 30th of July , 4 collars, value 1s.; 1 shirt, value 1s.; 1 shift, value 1s. 6d.; 2 pairs of stockings, value 6d., and 1 window curtain, value 4d. , the goods of Alexander Bowen Hopkins .

ALEXANDER BOWEN HOPKINS . I am a tobacconist , and live in the Commercial-road ; the prisoner was in my service about six weeks. In July several things had been missing, and suspicion was raised against the prisoner- her box, which stood in a cupboard by the kitchen door, was desired to be searched; she told Rosanna Haywood she might search it, but desired her not to let me or her master see it - her box was searched after she was gone to bed and these articles were found; the next morning we got the officer, and she was taken - her box was not locked; she said she intended to put them back when her master was out of town - she washed for the family; she had given no notice to quit.

ROSANNA HAYWOOD . I am a servant to Mr. Montefiore, who lives at the prosecutor's. I saw the box opened, and the property found; I know the linen; it is marked.

The prisoner put in a written defence stating, that the articles were placed in the box by mistake.

NOT GUILTY .

1680. JOHN ENGALL was indicted for stealing, on the 17th of July , 1 jacket, value 2s., the goods of Thomas Rooke ; and 1 thermometer, value 2s.; 6 plants, value 2s., and 6 garden-pots, value 6d., the goods of Benjamin Cook Griffinhoofe .

MR. BOOKIN conducted the prosecution.

WILLIAM COLLEY . I am a watchman of Kentish-town. On Friday morning, the 17th of July, at half-past one o'clock, I was near the prosecutors, and saw the prisoner getting over the wall with something on his arm; I could not see what it was - I was about forty yards from him; he ran, and dropped what he had - he was stopped by Cannon, another watchman; I did not lose sight of him, and am sure he is the man - I took him, and sent a man back to where I saw the articles dropped; I knew him before - he lived with the same gentleman about two years before.

WILLIAM CALLAGHAN . I am a watchman. I stopped the prisoner; he was running across a field, and had one shoe in each hand when I took him.

JOHN PURDON . I am a watchman. I was sent to the place described by the witness, and found this jacket.

THOMAS ROOKE . I am gardener to William Cook Griffinhoofe . This is my jacket; it was hanging up in a shed at the back of the hot-house - I saw it safe at half-past six o'clock on the evening before; there was a thermometer in the hot-house, which was removed to another part of the garden - some plants were torn up by the roots, and tied up in a gardener's apros.

GUILTY . Aged 24.

Transported for Seven Years .

1681. MARY ANN DAVIS was indicted for stealing, on the 24th of August , 1 veil, value 5s. , the goods of Samuel James Wood .

FRANCIS THOMPSON . I am an apprentice to Samuel James Wood a pawnbroker , of St. John-street, Clerkenwell . On Monday afternoon, the 24th of August, at four o'clock, I looked up, and saw the prisoner on the other side of the counter - I saw her go out of the shop, and take this veil; I went out after her, and took her two doors from the shop; I brought her back with it - she said she did it through distress.

WILLIAM BROWN EDWARDS . I was sent for, and took her.(Property produced and sworn to.)

GUILTY . Aged 44.

Transported for Seven Years .

1682. HENRY OTWAY was indicted for stealing, on the 5th of August , 1 garden-roller, value 30s. , the goods of Edward Bickersteth , clerk.

WILLIAM PENTECOST . I am gardener to the Rev . Edward Bickersteth, who lives in Barnsbury-park . On Wednesday, the 5th of August, the prisoner, whom I knew before, came into the garden, and said, "William, can you lend me your roller?" I said No - he said, "Why, are you going to use it?" I said No; he said, "you know it is for Mrs. Blossom;" I then said he might take it, and asked if he would return it at five o'clock - he said he would; he went away, and I did not see him again: I let him take it, expecting it was going to Mrs. Blossom's, with whom my master is acquainted; the prisoner is a gardener.

JAMES TAYLOR . I am a constable. I took the prisoner on the 18th of August, at the corner of Turnstile, Holborn; I said I took him on a charge of stealing a roller- he said, "I am glad you took me, or I should have given myself up; I have been miserable;" he was in a wretched state.

THOMAS COPE . I was with Taylor; the prisoner told me where I should find the roller.

JOHN DOBINSON . I am a broker, and live at Kingsland. The prisoner and another brought this roller to my shop for sale, on the 7th of August, in the middle of the day - the prisoner said he took it for money owing to him for wages, it being no further use to the person it had belonged to.

WILLIAM PENTECOST . I do not know whether the prisoner ever worked for Mrs. Blossom; I knew he jobbed about - there is no person here from Mrs. Blossom's.

NOT GUILTY .

1683. RICHARD MUNTON was indicted for stealing, on the 29th of August , 1 waistcoat, value 2s. , the goods of Sarah Hawkins .

SARAH HAWKINS . I deal in second-hand clothes , in Spitalfields-market . I saw the prisoner and some other boy s there, and while I was disposing of a gown the officer came up with this waistcoat, and asked if it belonged to me; it was mine - he took the prisoner into custody.

WILLIAM HOOPER . I was in the market on the 29th of August, and saw this boy and another near the prosecutrix's stall; I saw the other take this waistcoat and look at it - I thought they were bargaining with the woman for it; I then saw him nod to the prisoner - the prisoner took up his apron, and the other put the waistcoat into it - they ran off; I pursued, and took the prisoner with it; I fell over a stool, or I should have had them both.

The prisoner put in a written defence, stating that the other boy had thrown the waistcoat at him.

GUILTY . Aged 12.

Whipped and Discharged.

1684. MARY McPHERSON was indicted for stealing, on the 2nd of September , 1 petticoat, value 3s. , the goods of William Clark .

WILLIAM FOWLER . I am a coal-dealer, and live opposite the prosecutor's. On the 2nd of September I saw the prisoner come out of the prosecutor's house, between four and five o'clock in the evening, putting something under her clothes; I pursued, and brought her back - she took out this petticoat, which Mr. Clark owned.

MARY CLARK . I am the wife of William Clark . I saw the petticoat at the office, and knew it was mine; I had left it on the table in my apartment, on the ground floor, about a quarter-past one o'clock on the 2nd of September.

Prisoner's Defence. I was going past, the door was open, and the petticoat laid by the door - I took it up, and was going on with it.

GUILTY . Aged 30.

Transported for Seven Years .

1685. THOMAS LOOKER was indicted for stealing, on the 9th of July , 1 waistcoat, value 18s.; 1 jacket, value 30s., and 1 pair of trousers, value 1l. , the goods of Richard Taylor .

RICHARD TAYLOR . I am a brick-maker . I have known the prisoner three months; he is a brick-maker . -On the 9th of July I lost my property from the bed-room where we slept, in Hospital-row, Chelsea: there were other lodgers in the house - when I missed it the prisoner was gone; I did not see him again till the Monday.

WILLIAM MATTHEWS . I am a pawnbroker, and live with Mr. Atwood, at Stratford. I have a pair of trousers and a coat, pawned by Bishop.

CATHERINE BISHOP . My husband is a sweep. I have known the prisoner more than two years; he has worked for my husband - he came on the 9th of July to see us, and sent me to pawn these things, which I did, in my own name.

GEORGE CURTIS . I am a pawnbroker, and live in Aldersgate-street. I have a waistcoat and handkerchief, pawned by Bishop.(Property produced and sworn to.)

GUILTY . Aged 20.

Confined Six Months .

1686. JAMES KING and THOMAS CONDON were indicted for stealing, on the 31st of July , 1 handkerchief, value 9s., the goods of Loftus Henry Bland , from his person .

WILLIAM WILLIAMS . I am a parish officer. I heard a cry of Stop thief! on the 31st of July, about six o'clock in the evening, in King-street; I saw the two prisoners running, Condon first and King after him - I took King, and called to a gentleman, who took Condon; I took this handkerchief from a person who picked it up - I did not see it dropped; I went to the office, and heard a gentleman, who stated his name to be Loftus Henry Bland, examined; he stated the handkerchief to be his.

MARTIN CHARLES BARTON . I am an upholsterer, and live in Brownlow-street. I was in Bloomsbury-place , and saw three gentlemen walking together, the middle gentleman had his handkerchief a little out of his pocket; I saw the two prisoners together - they went up behind him, and King took the handkerchief; I had watched them for some time - I went up to the gentleman, and said, "Sir, have you not lost your handkerchief?" he felt, and said, "I have;" the prisoners went off, but were pursued and taken directly; the gentleman, whose pocket I saw picked, went to the office, and gave his name as Loftus Henry Bland.

Cross-examined by MR. BARRY. Q. How far from the place were the prisoners taken? A. They had just turned round the corner of King-street; I did lose sight of them; I do not know who took the handkerchief from the ground; I was told it was taken up at the corner of Bloomsbury-place, at a fishmonger's shop - the prisoners went quietly to the watch-house.

THOMAS BENSON . I was with the officer, and took Condon; I received this handkerchief from a boy.

Cross-examined. Q. Where did you receive the handkerchief? A. Within about twenty yards of where it was thrown down; I saw it thrown, and it was given me by a baker's boy - I was taking Condon back to the place to take it up; I should think it was not a minute from the time it was taken.

WILLIAM WILLIAMS . This is the handkerchief - I saw the prosecutor sign his deposition.

Condon's Defence. I am an apprentice to Mr. Samuel Bentley, of Salisbury-square.

KING - GUILTY . Aged 23.

CONDON - GUILTY . Aged 19.

Transported for Fourteen Years .

1687. JANE KING was indicted for stealing, on the 2nd of September , 1 shawl, value 5s.; 3 frocks, value 3s.; 4 caps, value 6s.; 2 night-gowns, value 2s.; 3 petticoats, value 1s. 6d.; 1 shift, value 6d.; 1 pair of gloves, value 1s., and 2 yards of ribbon, value 6d. , the goods of Rebecca Hardwick .

REBECCA HARDWICK . I have been in service - I had been but a short time in London; the prisoner lodged with me in a room in Crown-court, Soho - she had been with me a fortnight; I had been out of place, and had all this property in my trunk in the room; I was awoke on the morning of the 2nd of September when the prisoner got up - she was a servant out of place; when I got up I missed these articles from my box - it had not been broken; it was locked, but it must have been opened by a false key - I went down to the landlady, she came up and charged the prisoner with it, and sent for a constable - he took her; and when she got to the office she confessed she had taken them and pawned them; I never allowed her to pawn my things.

SAMUEL LINDLEY . I am an officer. I took the prisoner into custody at the office; she said she had taken the articles and pawned them - that the duplicates were in a cupboard, and I found them there.

THOMAS DONDERS PERRY . I am in the service of Mr. Aldous, a pawnbroker, in Berwick-street. I have a shawl and a bed-gown, pawned by the prisoner on the 31st of August.

HENRY WILLIAM PARS . I live with Mr. Fleming, a pawnbroker. I have some caps and other things pawned by a female who I do not know.(Property produced and sworn to.)

Prisoner's Defence. I was in distress, having been out of place three weeks, and rather than go on the town I did do it; I have been a servant four years in London, and never had any thing laid to my charge.

GUILTY . Aged 17.

Transported for Seven Years .

1688. GEORGE HAMMOND was indicted for stealing, on the 9th of August , 1 live tame fowl, price 2s. , the property of Robert Hutchinson .

JAMES SIMMONS . I am a watchman of the Commercial-road - Mr. Robert Hutchinson lives there and is a cooper . A little before one o'clock, in the morning of the 9th of August, I saw the prisoner coming along with something in his hand - I went to him, and said, "What have you got?" he said, "Don't you see" - I said,"Where did you get it?" he said, "Do you know Stepney-church?" I said Yes; he said, "I did not get it there then" - I said "I shall detain you till I know where you did;" I took him to the watch-house, and he said he bought it of a man for 1s. 6d. - this was about one hundred and fifty yards from Mr. Hutchinson's; the fowl was quite warm, and its neck broken.

EDWARD HUNT . I am servant to Mr. Robert Hutchinson . I saw the fowl, and knew it to be my master's - it was a remarkable one, and was bred on the premises; I had seen it on the afternoon of the 6th of August, which was on Friday - the fowls stray about in various parts of the building; there were two lost.

GUILTY .

Confined One Month .

1689. ELLEN GORSUCH was indicted for stealing, on the 22nd of May , 1 tea-spoon, value 2s. , the goods of Ann Longhurst .

JOHN FROST . I live with Ann Longhurst , who keeps the Castle and Falcon, in St. John-street . The prisoner came in there one day in May, and was drinking some half and half with a party - I took out the glass, and the spoon was gone.

JAMES TERRY . I am an officer. I have a duplicate which I took out of a drawer in the prisoner's room - the man she cohabits with took us to the room; she was in custody at the time - she confessed she took the tea-spoon, and she said it was at Mr. Tyrrel's.

JOHN BALL . I live with Mr. Tyrrel. I took in this spoon of Mahoney, and lent 1s. on it.

ANN MAHONEY . I go out to work. I have known the prisoner four years - she has lived with a man; she gave me the spoon to pawn - I have frequently pawned her clothes when she has been short of money; I think I pawned in the name of William Williams - it was a name she desired me to use - I did not ask whether it was her's.(Property produced and sworn to.)

Prisoner's Defence. I picked it up outside the door - we had no spirits in the house.

GUILTY . Aged 20.

Confined Three Months .

1690. PHOEBE DUMVILLE was indicted for stealing, on the 10th of August , 1 writing-desk, value 12s. , the goods of Ambrose Bradley .

MARTIN SUTTON . I am in the service of Ambrose Bradley , a pawnbroker , of Brick-lane, Spitalfields . The prisoner came to the shop about half-past six o'clock, on the 10th of August - I turned my back and she went out; at ten at night she came again - she stooped down and weat out; I got on the counter and missed this writing-desk, which had been tied to another, and to some saucepans, which would have made a noise if it had not been prepared before - I went on the Tuesday, and found it had been pawned; - she had been to our shop on the Monday, but I took no notice of her.

THOMAS HART . I am an officer. I apprehended the prisoner a few doors from Mr. Bradley's - I found in her pocket a duplicate of the writing-desk.

JOHN BARRS . I am a pawnbroker. I took in this desk of the prisoner on the 10th of August - I gave her this duplicate.(Property produced and sworn to.)

Prisoner's Defence. I went into the shop, and a person asked me it I was in a hurry - she said she had an article to sell, and offered me this desk; I gave her half a crown, and went to a pawnbroker in Whitechapel, and got it out for 5s., and on the Monday I wanted money, and took it to Mr. Cassell's - the next week I went to pawn a gown at the prosecutor's and was taken.

GUILTY . Aged 38.

Transported for Seven Years .

There was another indictment against the prisoner.

1691. JOHN COLLINS was indicted for stealing, on the 23rd of July , 1 pair of shoes, value 6s. , the goods of Ralph Wilcoxon .

JAMES EADE . I am shopman to Ralph Wilcoxon , a shoemaker . On the 23rd of July the prisoner came to his shop, in Walker's-court ; he took a pair of shoes, put them in his apron, and walked off - I pursued; he dropped them - I took them and him.

Prisoner's Defence. I was going through the court; there was a young man at the window - four pairs of shoes dropped; I stood still - the witness came up, and said I had stolen a pair, and he saw me cut them, and hold my apron under them; but I had not.

GUILTY . Aged 19.

Whipped and Discharged.

1692. ELIZA CURTIS was indicted for stealing, on the 2nd of September , 1 frock, value 1s., and 1 petticoat, value 6d. , the goods of James Rickman Folkard .

HENRY JOHN PARKER . I am in the employ of James Rickman Folkard , a pawnbroker . On the 2nd of September the prisoner's daughter came to pawn an apron not worth a farthing - the prisoner came and said something to her daughter, and I suppose she took down these articles; as soon as they were gone I missed them - I went after the prisoner; she dropped them from under her shawl, and said she had picked them up at the door - but I hung them up myself.

SUSAN SMITH . I saw the things hanging up - the prisoner took them, and went out with them under her arm.(Property produced and sworn to.)

GUILTY . Aged 44.

Confined One Month .

1693. MARGARET CAIN and ANN MILTON were indicted for stealing, on the 6th of September , 1 pair of shoes, value 3s. , the goods of William Sabine .

WILLIAM SABINE . I am a shoemaker , and live in Monmouth-street . On the 6th of September the prisoners came to my shop, at half-past twelve o'clock, and wanted a pair of shoes to fit Milton; she came in, but Cain stood at the door - I had none to fit her, and they went away: they returned in ten minutes; then both came in, and said if I could not fit one could I the other; I said No; they went away, and in ten minutes I received information - I went out, and found Cockalin; he went with me, and we saw the prisoners in the street; he said, "There they are?" they ran, and hid themselves in a privy; when they man out, I asked them where the shoes were which they took from me; they said they knew of no shoes; a witness then called to me, and said, "Here they are:" I know them to be mine; they are mens' shoes, and had been on my counter.

JOHN COCKALIN . I am a shoemaker, and live in Monmonth-street. The prisoners came to my shop with a pair of shoes; my wife dealt with them first; when I came into the shop these shoes were on the counter - I paid Milton, 1s. 6d. for them.

ABIGAIL COCKALIN . The prisoners came to our shop together; Milton asked if I would buy the shoes; I offered them 1s. 6d. for them; they went to the next shop, and then came back to our shop; my husband gave 1s. 6d. for them - my husband said they were Mr. Stabine's, and said, "Take them to him."

The prisoners put in a written defence, declaring the property had never been in their possession.

CAIN - GUILTY . Aged 18.

MILTON - GUILTY . Aged 18.

Confined One Month .

1694. WILLIAM COX was indicted for stealing, on the 24th of July , 1 set of fire-irons, value 16s. , the goods of Thomas Hodsell .

ROBERT LANGMAN . I am shopman to Mr. Thomas Hodsell. A witness gave me information; I went out and followed the prisoner, on the 24th of July - these fire-irons had been close under the shop window.

THOMAS PLUMB . I am a green-grocer. I saw the prisoner come from the shop with the fire-irons, and gave information; I saw him drop them, and am quite sure he is the man - he said he was running after a man who had dropped them.(Property produced and sworn to.)

Prisoner's Defence. The witness stated he saw me with them in my possession, and he swore to me at the office by my having a white apron on; he said there that he did not see me take them nor drop them.

THOMAS PLUMB . I said I saw him drop them; he was not above three doors from the house when he passed me, and he was endeavouring to conceal them with a white apron.

GUILTY . Aged 22.

Confined Six Weeks .

OLD COURT.

FOURTH DAY. MONDAY, SEPTEMBER 14.

First Middlesex Jury - before Mr. Sergeant Arabin.

1695. HENRY HUGHES was indicted for stealing, on the 10th of September , 1 pocket-book, value 2s, and two 5l. Bank notes, the monies of Sir George Farrant , from his person .

SIR GEORGE FARRANT . I am a Magistrate of Middlesex . On Thursday, the 10th of September, a little after twelve o'clock, I was on the north side of Grosvenor-square , and felt a slight sudden touch at my pocket, hardly perceptible; I turned round, and saw the prisoner walking behind me, with his hand in his pocket, as if he was lame; I put my hand to my pocket, and missed my pocketbook, I immediately collared him, and said, "You have my pocket book;" he said, "Me, Sir; what, Sir, your pocketbook? I said, Yes; I put my hand into his breeches pocket, and took my pocket-book out of his hand, which was in his pocket, it contained two 5l. Bank notes - I took him to the office. I felt the slightest touch; if I had not seen him with his hand in his pocket, and walking as if lame, I should not have suspected him; it was done with great skill and adroitners - nothing could be done neater.

Prisoner's Defence. There were three more boy s behind the gentleman; I saw them go on - the pocketbook laid on the ground; I picked it up - the gentleman asked if I had any thing; I said Nothing belonging to him - I had a right to pick up what laid on the ground.

SIR GEORGE FARRANT . There were two boys further back, but he was the nearest.

GUILTY . Aged 13.

Transported for Fourteen Years .

1696. HENRY MURRELL was indicted for stealing, on the 20th of July , 1 watch, value 5l.; 3 seals, value 10s.; 1 key, value 10s.; and 1 gold chain, value 10s., the goods of William Bell , in his dwelling-house .

ANN BELL . I am the wife of William Bell , who is a saddler , and lives in George-street, Euston-square . On the 20th of July we had the house to let, but resided in it at the time - the prisoner, who was quite a stranger, came to look at the house, as we had a bill up to let it; I was out at the time - the servant sent for me, and when I came I found him there: I took him up to the first floor, and told him it was not convenient to show him the upper part- I told him the terms, and came down; as he said he wished to see the upper part, I went up to ask the lodgers if they would let him; I left him on the stairs - I only knocked at the second floor door, and then came down; I had left him on the first floor stairs - my husband's watch hung on the mantel-piece of the first floor room, which was above the landing-place where he stood - I was not absent above a minute or two; when I came back, I perceived the door a little open, and suspecting he had been in, I went in, and immediately went to look on the mantel-piece for the watch; it was gone - I could not see it there; my husband had not taken it out in the morning, as he went out early; when I turned round, the prisoner was on his knees before me, with the watch in his hand - he said, "Lady, I have taken your watch do forgive me; I took it through distress - I have a wife and child;" I had not spoken to him about it.

Cross-examined by MR. PHILLIPS. Q. Before he knew you missed it, he repented, and told you he had it? A. Yes, before I asked him for it; I had missed it, and felt certain he had it - he gave it up of his own accord; I was alone.

Q. There was nothing to prevent his running away? I had given no alarm, but there were lodgers in the house.

WILLIAM BELL . I was sent for, and found the prisoner in the house; he fell on his knees and begged forgiveness - I took him to the office; he said he had taken the watch through distress, and was very sorry for it - here it is; it cost me five guineas sixteen years ago.

The prisoner pleaded distress.

GUILTY (of stealing to the value of 99s. only.) Aged 25.

Transported for Seven Years .

1697. JOHN McGHEE was indicted for breaking and entering the dwelling-house of Henry Fitchett , on the 27th of July , and stealing therein 1 live tame rabbit, price 3s., his property .

HENRY FITCHETT . I am a baker , and live in White Lion-street, Goodman's-fields . On the 27th of July, at five o'clock in the morning, I was in bed; my lodger caught the prisoner in the back kitchen - he called me up, and I found the prisoner in the back kitchen; he was quite a stranger to me - he got into the house by taking off four tiles out of the back kitchen; he got through the tiles - no other part whatever had been removed; he came down into the yard from his father's house, who lives two doors below- the tiles were all secure when I went to bed; there was a rabbit fastened up in the hutch, and I found it outside, on the tiles on the roof of the kitchen, quite frightened apparently - he would not move.

JOHN BRUCE . I lodge in Fitchett's house. I came down stairs from the garret into the back kitchen, and found the prisoner close to the hole where he got in, standing upon a hamper, with his head through the rafters, attempting to get out; the rabbit was found out on the tiles.

HENRY FITCHETT re-examined. I have no lodger besides Bruce; I am always the last in bed; I went into the back kitchen that night with a candle - it is a lean-to, having an internal communication into the dwelling; no doors were opened so that the prisoner could have got into the house - there is no area; he got through the tiles, where they are about six feet high, and then dropped down into the wash-house - there was no other place open; I cannot say how he knew that I had a rabbit, for I never saw him in my house before; there was very trifling property in the wash-house - there was more in the house.

GUILTY (of stealing, but not of breaking) . Aged 13.

Transported for Seven Years .

Before Mr. Justice Gazelee.

1698. JOHN POTTER was indicted for that he, having in his custody a certain bill of exchange, setting it out(dated 24 July, 1829 , for 60l. drawn at three months after date, by John Potter, on James Burton , Cowley, near Uxbridge), feloniously did forge and counterfeit an acceptance of the same, with intent to defraud James Burton .

SECOND COUNT, for uttering and publishing the same as true.

TWO OTHER COUNTS, stating his intent to be to defraud John Wilson Neil .

MR. ADOLPHUS conducted the prosecution.

JOHN WILSON NEIL . I am a varnish and colour manufacturer , living at Battle-bridge ; I know the prisoner, and had dealings with him. In January last he purchased goods of me to the amount of 26l. 16s., and gave me his own acceptance for them, at four months, which I have with me; the bill was at two months, but it was two months after I sold the goods that he gave me the bill; it was dishonoured, and I made several applications to him; he told me that he was very sorry that he was not able to take up his acceptance; that he had been disposing of some property in the country, for which he would not be entitled to be paid in cash for three months, and that he would be much obliged if I would take the gentleman's acceptance: he afterwards wrote me this letter upon the subject - it is his hand-writing - [See Letter, No. 1.] -In consequence of that letter I saw him again next morning, and told him that if he would give me the address of the party, and I found he was a respectable man, I would take the bill, and I would give him the balance, either in cash, or otherwise give him goods; he told me the name, and I wrote it down at the time, "Thomas Burton, Cowley, near Uxbridge" - he desired me to call at the tallow-chandler's shop, next to Day and Martin's, in High Holborn, and make my own necessary inquiry as to Thomas Burton 's respectability; I accordingly went to the tallow-chandler's, and from what I learnt there, was satisfied that Mr. Thomas Burton was a respectable man -I wrote to the prisoner, and the next morning I received the bill enclosed in a letter; I received an answer to my letter before I received the bill - I received this letter on the same day; it is in the prisoner's hand-writing. [See No. 2.] I did not write to him again - I received that letter on the Saturday, and on the Monday his boy walked into my shop with this letter, and the bill in it. [See No. 3.] This is the bill which was enclosed in that letter - the bill is,

"Accepted, James Burton , payable for the Uxbridge Bank, at Messrs. Glyn and Co. s, bunkers. London;" I did not expect that name upon it, but the name of Thomas Burton - I sent Field, my man, to Glyn's, and, in consequence of what he reported, I sent him to the Uxbridge Bank with the bill; in consequence of what he learnt at the Uxbridge Bank, I had the prisoner apprehended the next morning on a suspicion of forgery - I was at a short distance from the prisoner when the officer apprehended him; he brought him to me: the prisoner said that he was very sorry that he had deceived me, and told me a parcel of falsehoods - he said that if it was a forgery he had been made a dupe, and that he was certain he should get through it; he said very little more about the bill - he said that he had taken it from a man of the name of Askam, in the way of business; he afterwards contradicted that part of it when we were near the office, when he saw I was taking him to the office, and said that Askam was in the habit of lending accommodation bills, and things of that description - that he did not care any thing about it, and should get through it

Cross-examined by MR. PHILLIPS. Q. What do you mean by saying that he contradicted that; did not he say all through that Askam had been the person that gave him the bill? A. Not exactly - he said that he had taken it first in the way of business; he did not name Askam as the person that had given it, nor any body else - I had him taken up without asking any explanation about the bill; I had known him from about last October - he was taken up at his own home.

Re-examined. He had never, in all his conversations with me before I got the bill, mentioned the name of Askam as a person he was to deal with, or any other name, except Thomas Burton - he told me he had disposed of a piece of landed property to Thomas Burton , and that the bill he was to procure was in payment for his landed property that he had sold to Thomas Burton ; for previous to my ever selling him goods, he told me that he had a piece of land of his own; I have seen his house - it was a baker's shop; I was there the day that it first opened.

The following are the letters referred to.

[No. 1.] Six, - I have been out all day in hope of getting the money to pay your bill, or part, but have failed in so doing; but a person that owes me 68l., which will not be due for three months, will give me a bill for it at that date, so if you will send over to me to-morrow morning. I will give you the names and address of the parties, should you like to take it, and let me have goods for the balance: I am sure you will approve of it, as they are right respectable, and it will be made pay able at Messrs. Glyn and Co.'s, as the person lives on his own estate, near Uxbridge, and keeps cash at Messrs. Hull and Co's., Messrs. Glyn being the town agent.

47, Oakley-street; July 24, 1829.

12. Winter-place, Lambeth-walk, July 31, 1829.

[No. 2.] SIR, - You may depend on my getting the bill as soon as possible, I think I can say to-morrow; but if any thing should prevent me having it to-morrow, I am sure on Monday, and the moment I do get it you shall have it; I shall be glad if you can let me have (when I give you the bill) a small firkin of lead, about 1 cwt., and the rest in varnish, to make the balance, which will be to me equal to money.

12, Winter-place, Lambeth-walk, August 1, 1829.

[No. 3.] SIR, - The money due to me from Mr. Burton is in three months from the 24th June, 1829, so I have got the bill drawn accordingly: I received it from him this morning; I have endorsed it, and sent it you according to promise, &c.

JOHN FIELD . I am in the employ of the prosecutor. I went to Messrs. Glyn's, the bankers, to make inquiry respecting the acceptance that was upon a bill which I took with me - I repeated that which I heard, faithfully to my master; and I afterwards, by his direction, made inquiry at the Uxbridge Bank, and stated to him the information I got there; I took the bill there, and returned it to my master; I went with Mr. Neil to the house and saw the prisoner apprehended; I made inquiry for him, and he was called from another room - I had an officer with me.

Cross-examined by MR. BARRY. Q. Did he not say, in your presence, that if the bill was a forgery he had been the dupe of others? A. Yes, he did; I believe he mentioned the name of Askam, but I will not be positive - he did not say where he was to be found till he went to the Police-office; the question was not asked before that - there was nothing said respecting Askam's name; the prisoner gave to the Magistrate such information as led to the finding of a person named Askam.

WILLIAM COLTON . I am the officer who attended the last witness - I heard the name of Askam mentioned at the Police-office; the prisoner gave me a direction where to find him - I saw Askam at the Mail Coach, in Sherborne-lane, which was the place where the prisoner told me to find him; he told me that he was the man that he received the bill of - Askam promised to attend at Queen-square.

Cross-examined by MR. PHILLIPS. Q. Did he not also say that if this bill was a forgery he himself had been duped? A. He did; I went into his house at No.5, near Lambeth-walk - Mr. Neil's young man went in first and spoke to him, and then he came out; I desired Askam to attend at the office, and give an account of the transaction - I told him what time to attend in the evening; I did not endeavour to find him afterwards, and have never seen him since.

Re-examined. The prisoner wished Askam to come; I did not tell Askam at the time that the prisoner said he was duped by others.

JAMES BURTON . I live at Beel-heath, near Cowley. I had no account in January last at Glyn's, the bankers, nor any money in the Uxbridge Bank: nor ever had at either of them - I am not a man in circumstances to give acceptances for 60l.; I do not know the prisoner at the bar - this bill is not my acceptance; I never authorized nor employed any other person to accept that paper for me; I did not, in January last, owe the prisoner any money- I have a brother named Thomas living at Uxbridge; he is a brickmaker, and a man of property.

Cross-examined by MR. BARRY. Q. What are you? A. A brick-maker , and make bricks for my brother; I have been in that business nearly thirty years; I became a bankrupt in it in 1824 or 1825 - I did not obtain any certificate; my debts under that commission amounted to between 3000l. and 4000l. I have been in the habit of accommodating a few of my friends with my acceptances; I do not think I have accommodated twenty persons with my acceptances, but I will not swear that I have not; I was examined about a month ago at the Queen-square Police-office - I do not recollect stating there that I had never given any acceptance as an accommodation; I recollect afterwards swearing that I had given one within six weeks of that time, to a person of the name of Marcus, who is a general-dealer, I believe, in some sort of things, and lives at No. 6, Red Lion-court, Fleet-street; I stated at Queen-square Police-office, that I did not know where in Fleet-street Marcus lived - I forgot then, it slipped my memory; the amount of that bill was 19l. some odd shillings; I do not recollect that I stated to the Magistrate that I did not know the amount of the bill, or where it was made payable: I have not seen Marcus since, and do not know where I could find him; I know where he lives if I should be fixed with the payment of that bill; I never lent my name to Mr. Marcus as an accommodation but that once - I have been fixed with the payment of these bills in every instance in my former accommodations; I do not remember whether I have ever been reimbursed - I have had no money transactions with any persons - I never got from Mr. Marcus 10l. on account of a bill of exchange, purported to be accepted by my brother; my brother gave me a 100l. bill which he accepted in my favour, I think about two or three months ago; I heard of Mr. Marcus then for the first time, and that he was in the habit of discounting bills; I went to him, and gave him the bill to get discounted for me - he kept it for near ten days, pretending he could not get it discounted; I was kept in London waiting for the bill ten days; my brother was a little uneasy about it - he came up and saw Mr. Marcus, and demanded the bill back, which Marcus gave him; then Mr. Marcus came to Cowley, and made out his bill for 8l. for expences, and desired to get the bill discounted; he said he wanted me to pay him the 8l., then he said if I could accommodate him with a 19l. bill he could pay it away for some stoves that he wanted to put into his house, and when the bill became due he was to find his part and I mine; this was the acceptance of the same brother, who is represented to be a person of fortune; it was not an accommodation to me; when my father died he left some property in my hands, and this was a part of it; Marcus gave up the bill to my brother, the acceptor; I have had in my hands a bill of exchange for 90l., purported to be accepted by my brother.

Q. Did you not take a bill of exchange out of the hands of Keating and Co. to avoid a prosecution? A. I refuse to answer; I never in my life accepted bills of exchange in blank, to my knowledge.

MR. ADOLPHUS. Q. Were the accommodation bills you accepted used before you became a bankrupt? A. Before; I do not believe any of them were proved under my commission - part of them were in existence before the commission; I cannot say how many I have excepted since the commission - it is not ten, certainly; I never put my name on a blank piece of paper for the last two years, certainly - when I speak of my brother, I always mean Thomas, the brick-maker.

JOHN ELLIS . I am a brick-maker and scavenger; I live in George-street, New Road. I know James Burton, and have seen a great deal of his writing - if he had sent this bill to me I should have thought it was not his handwriting; it is not in the usual way he writes - I was examined at Queen-square; I do not know on whose behalf - it was about the 12th of August.

Cross-examined by MR. PHILLIPS. Q. Do I understand that you have seen James Burton write? A. Many times; I have 1327l. worth of his bills, which are unpaid.

MR. ADOLPHUS. Q. You have 1327l. of James Burton's bills; when where they given to you? A. At different times before his bankruptcy; I am his assignee - they were bona fide bills, for goods delivered.

THOMAS WANT . I am a builder, and live in Grove-street, Camden-town. I know James Burton; I have not seen his hand-writing for five years, but think I should know it if I saw it - the acceptance to this bill does not appear to me to be his writing.

Cross-examined by MR. BARRY. Q. Did you ever see him write? A. Yes, five years ago; he owes me about 2000l. - I am one of his assignees; I have known very little of him since, for he was shy of me - I was going to render him once or twice; the amount of debts under the commission is nearly 4000l.

COURT. Q. Was any of your debt secured in bills? A. I advanced him money to make bricks; he did not give me bills, but I had his books, and saw his writing in them.

JOHN FIELD re-examined. I have inquired at Uxbridge for James Burton ; I could find no Burton there.

The prisoner delivered in a long written Defence, stating, that a Mr. Askam, of John-street, Blackfriars-road, had engaged to provide him with the acceptances of a Mr. Burton, of Cowley, as his wife had some money in the Court of Chancery, and that he had received the bill in question from Askam - that he had done wrong in representing that Burton was his debtor, but he was fearful the prosecutor would not take the bill if he had not so done; he denied representing him as Thomas Burton , and stated that on one occasion, when Mr. Neil called, he had torn off a piece of his letter, and written on it an address where Burton could be inquired about.

MR. NEIL. I have been from the residence of James Burton to Uxbridge, and believe it to be about half a mile- I went to a house next door to Day and Martin's, in Holborn, and inquired about Thomas Burton of Cowley.

BOSWELL HEMSON . I am the prisoner's attorney. I was engaged at the time he was taken up, in endeavouring to get same money belonging to his wife from a will, and expected to get it before the Chancery Office closed for the vacation; the last I knew of him before he took the baker's shop is, that he was engaged in buying and selling varnish on commission for about six months in the last year, during which time he had sold this house at Lambeth: I took proceedings against a Mr. Farmer for a debt due to him for varnish.

MR. ADOLPHUS. Q. Where does Farmer live? A. Somewhere about Peckham; it was a Surrey writ - the amount was 6l. 8s. or 10l.; I always understood he was a baker before he sold the house in Winter-place, and this summer he told me he was going into the house again - he then said he was selling varnish on commission, that was November last; I proceeded against Farmer, and the debt was paid: I live in Bond-court, Walbrook - I do not know of any other dealing of his in varnish.

MR. BARRY. Q. Farmer's was the only writ in which you was employed to sue? A. Yes.

COURT. Q. Has he got into the same or a different house? A. He stated to me that it was the same - before that we used to direct to him in Oakley-street, Lambeth.

MOY THOMAS. I am clerk to Mr. Hemson. About Michaelmas term I served a writ on Farmer, at the suit of James Potter - he lived somewhere opposite the Bricklayer's Arms.

JOHN PAUL . I am a miller and flour-factor, and live in Grange-walk, Bermondsey. I have seen Askam two or three times - he brought me a bill of exchange some time in July - this is it (looking at one); he gave it to me on account of the prisoner, for flour I had delivered on account of the bill - I kept it a day or two, and then returned it to Potter, as it was drawn, contrary to my stipulation, at three months instead of two.

MR. ADOLPHUS. Q. Can you tell me when in July he brought it? A. Somewhere between the 27th and 31st; Potter owed me 30l. - I have no mills; I have no flour ground at Newbury - I put no mark on the bill; it was the same number and amount as this - it was endorsed by Potter when I had it; I made no enquiry about Burton- I delivered the first of the floor on the 24th of July; Potter had promised me a bill on Burton, of Cowley - he mentioned no Christian name.

MR. NEIL. When I went to the prisoner he gave me the name; I put it down on my own card, and went directly to Holborn to inquire - he did not tear off a piece of my letter, and write it himself, I am positive; I had the card at the office, but have lost it.

NOT GUILTY .

Second Middlesex Jury - before Mr. Baron Vaughan.

1699. JOSIAH NATHAN, alias JOSEPH LATHAM , alias JOSIAH JONES , was indicted for feloniously breaking and entering the dwelling-house of William Newton , on the 22nd of April , at St. Dunstan, Stebonbeath, alias Stepney, and stealing therein 1 watch, value 10s.; 7 spoons, value 1l.; 1 pair of boots, value 10s.; 1 hat, value 10s., and 1 lb. of tea, value 6s., his property; 2 pairs of shoes, value 10s.; 2 pair of bracelets, value 9s.; 1 pair of ear-rings, value 5s.; 2 necklaces, value 3s.; 1 pair of stockings, value 7s; 1 locket, value 7s.; 1 sovereign, 1 crown, and 5 shillings, the property of Mary Drysdale Newton .

MR. ADOLPHUS conducted the prosecution.

WILLIAM NEWTON . I live in Philpot-street, Mile-end Old-town, in the parish of Stepney . In the night of the21st of April, or the morning of the 22nd, about two o'clock; I was awoke by my eldest daughter, and in consequence of what she said, I went into her room, and discovered that almost every article of box or trunk had been rummaged - I do not mean that all the contents were gone, but some were gone; they had been well examined - the boxes were not broken open: a watch, which hung at my daughter's bed-head, had also been removed - I was the last person up the night before, and went to bed about eleven o'clock; I examined every part of the house at that time, and saw it was perfectly secure, the doors, windows, and every thing; in the morning I found a pannel moved from the back-door of the house, leading to the garden, by means of a centre-bit - it appeared they had got in through the aperture, which was quite large enough to admit a body; the door was wide open - they had also unbolted the front door, and unlocked it; that had evidently been opened from within, and I suppose, with a view to get out that way - I made an alarm in front of the house on my daughter giving the alarm; a watchman appeared, and came over the yard to the back door - I then went down, and observed things as I have stated; I, the watchman, and aninspector of the watch of an adjoining parish, examined the premises behind - we found a small crow-bar in the kitchen, a stick by the back-door at which they entered, and a hat and a round for cap in the timber-yard at the side of the premises; I had a watch-dog in the yard - I believe it was partly a bull-dog; it was perfectly well over night, about eight or nine o'clock, when I saw him, and in the morning he appeared in extreme agony - his hind-quarters seemed in great weakness, and about six o'clock that morning he died; I thought I observed a swelling about his neck - he was skinned after death, but I did not see the carcase; I prosecuted a man, named King, for this felony. Having found the cap, stick, and hat on the premises, I made application at Lambeth-street next morning; Shelswell accompanied me to where the hat and cap were - I shewed them to him; he has had them ever since - in consequence of my application to the Police, the prisoner was apprehended about the 16th of May last; he was examined and remanded, probably about seven times, and was not detained on this charge.

Q. After that, in consequence of some disclosures, did you employ the Police again? A. I went to Lambeth-street in consequence of information, and got a search warrant - I went with the officers to execute it; we called on the prisoner's wife on Fish-street-hill, where she worked - we took her from there to her lodgings, in Prince's-place, Walworth-common, Surrey; we were introduced to the sleeping-room of the wife, made search, and there we found a pair of bracelet-snaps in a small box - I supposed them to belong to my daughter, and in consequence of what she said, I returned to the premises, and found a pair of gold ear-rings, and brought them away in consequence of a description from her - Shelswell has got them.

Cross-examined by MR. CLARKSON. Q. You have said the prisoner was in custody on another charge - do you happen to know he has been acquitted on that charge? A. Yes - I think it was on the 5th of August that I searched the premises at Walworth; I have ascertained that the prisoner and his wife have been some time separated - I found the wife living in Prince's-place; I understand the prisoner was not living there - he was not apprehended there, certainly; I found nothing but the bracelet-snaps and earrings, that I claimed - they are not of much value, and a very small portion of the property stolen; in the first instance, the bracelet-snaps were said to belong to the prisoner's wife's sister - his wife's sister said so; the same person has claimed the ear-rings - I did not see that my dog bled at all; I suppose he had been beaten to death, because there appeared to be a swelling on the neck - it might be half an inch larger than the night before.

MR. ADOLPHUS. Q. What was the value of the property you lost that night? A. I suppose 20l. or less would replace the whole that was taken away - I first saw the prisoner in custody in the middle of May; he was in custody from that time till the Croydon Assizes - his wife was at large when I saw her.

COURT. Q. Did you hear any noise in the night? A. I heard footsteps when I left my room to go to my daughter's, when she gave the alarm about two o'clock - they were not my daughter's footsteps; they were down stairs by the back-door of the house, and could not be the footsteps of any of my family - I have a wife and seven children; I did not hear the dog cry at all - my daughter did not come into my room; she gave the alarm by knocking at the door - I was asleep when she gave the alarm.

WILLIAM ANDREWS . I am a watchman. I was on duty on the night of the 21st of April, near Mr. Newton's house - in the course of the evening I saw some very suspicious looking people, and directed my attention to the people passing and repassing, and among them was James Brown, who was convicted last Session; and I observed the prisoner at the bar - I saw them together; they were passing between eleven and twelve o'clock - about half past eleven they were passing by Mr. Stevens' oil-shop, about twenty-five yards from Mr. Newton's.

Q. Look at the prisoner - speak advisedly, and tell me whether he is the man? A. I know him perfectly well -I have not the least doubt of his person; he had, to the best of my recollection, a round hairy cap on, and a stick in his hand - I did not notice his dress further; I had seen him about my beat before, and knew his person before -I was relieved about a quarter to one o'clock; Mallett succeeded me - I gave him notice to be vigilant and attentive, having some suspicion on my mind respecting those two men.

Cross-examined. Q. One man has been already executed for this robbery? A. He has; I recollect giving evidence on the former trial.

Q. Now, did you state on that former examination, that you saw two men, one of whom you knew, and the other you did not know? A. No, I did not say exactly that -I said I saw two men, and the prisoner Brown I knew well; I do not recollect your asking if I had as good a knowledge of the other as I had of Brown - I will swear I did not say I did not know the other; I went before the Magistrate in May, and stated that I knew them both - I stated what I have stated here; the prisoner was not discharged - he was manded; I believe he was not at that time in custody for another offence-I believe no bill was preferred against him for this offence till now; there was a Session here in June and July-no bill was preferred against him at those Sessions, that I know of; I expect I was not more than ten yards from the two persons I saw - I never swore I was not more than one hundred yards; I believe I did state, on the last trial, that I knew one of them better than the other-I recollect I did say so; and that the prisoner I knew so well was Brown.

MR. ADOLPHUS. Q. Was Brown tried here at the Session next after you had been before the Justice? A. I believe he was-I believe there has been a session between that and the present; I have not a doubt of the prisoner being the man I saw that night-one was about a head taller than the other; the prisoner was the tallest-I always described him so: the tall man had the cap and stick.

COURT. Q. You have said at the trial here last Session, that you knew one better than the other? A. I had seen one oftener than the other; the expression I made use of might be that I knew one better than the other - I have no doubt of the prisoner, but I had known the other longer; I recollect the prisoner about the neighbourhood for three or four months; I considered that he did not live faroff-I did not know his name, but knew his person for three or four months before the robbery; I never spoke to either of them.

Q. What induced you to notice him so as to know him again? A. I had frequently seen him as I have desribed, with a cap and stick, the same sort of hair cap; I never heard him speak, to my knowledge - I never knew his business, or where he lived, but considered he lived across the Commercial-road, by seeing him go srequently that way.

MR. CLARKSON. Q. When you appeared at the several examinations, and Brown was committed, was he committed alone? A. He was; the prisoner was not committed with him.

WALTER MALLETT . I am a watchman of Mile-end, and succeeded Andrews on his beat at one o'clock on this night - he said something to me about some men; about two o'clock Mr. Newton called out of window for assistance-I went to the house, and saw a person making his escape over the pales in front of Newton's premises; he saw me, retreated back, and made his escape at the back of the premises - I did not see him escape; I was near him when he got over the pales in front-I did not see more than one man on the premises; I saw two men coming from the premises, by the gas-lights at the Bedford Arms, which are at the back of the premises-I observed as they ran by the light, that one had a hat on, and one was a head taller than the other; the one who had not hat on was the tallest-I cannot positively say whether the other had a cap, but I believe he had neither hat nor cap on; I am positive he had no hat-I could not see them so distinctly as to swear to them, other wise than by their size; Andrews had mentioned to me about some men he wished me to have an eye upon, and the two men agreed in size with his description.

Cross-examined. Q. Will you venture to swear that you stated on the former trial, that the man had no hat on? A. I said I could swear the short one had a hat on; I think I said the other had no hat on, nor cap - I will swear I stated so; I said the bind one had a hat on - the short one was the hind one; the other had passed the gas-light- I think I stated the other had passed the gas-light before I could discern him, but I stated he had no hat.

Q. Did you not state he had passed the gas-light, and you could not see what he had on? A. I do not recollect stating any such thing.

Q. Will you swear you did not? A. I believe I did - well, I did; I could not see what he had on, by the gaslight - I could not see what he had on.

Q. Then, what do you mean by swearing that he had not a hat? A. That is the best statement I can give - I said I could not see what he had on; I saw him after he had passed the gas-light, and then I am positive he had no hat on - I pursued him after he passed the gas-light; I had not been pursuing him two minutes when the short one passed the gas-light. I stated on the last trial that I had a great coat on, and the man kept gaining ground on me; I have not said now that I was nearer to him.

Q. You have said you saw him nearer after he passed the gas-light than before, and he had no hat on then? A. Well, I do not know but I might be nearer; they did gain ground - I believe I said on the last trial that he had no hat on; I will swear I did: I believe I did not state that I could not tell what he had - I said he certainly passed the gas-light before the other, and I could see the other clearer than the first, but to the best of my recollection I said he had no hat - I did state so.

Q. Are you perfectly certain that you swore he had no hat? A. I really forget now; I stated on the former trial that I saw he had no hat on - I am quite positive of that, but the other one I saw clearer than him.

COURT. Q. On the former trial Brown was the only person tried? A. Yes; very few questions were put to me respecting the tall one.

MR. CLARKSON. Q. Were you not asked by the counsel for the prosecution on the former occasion, whether you could or not say what the other man had on? A. I think I stated I could not see him so perfect as the other - I was not asked whether he had a hat or not; I believe I was not asked whether I could see what he had on.

Q. Do you mean to state positively that you said on the former occasion that the other had no hat on? A. I think I did not state no such thing.

COURT. Q. What are we to understand by that - you are asked whether you recollect the tall man? A. I believe the question was never put to me.

Re-examined by MR. CLARKSON. I certainly stated I could not see him so clear as the other, but I think I said in my first statement, that he had no hat on, if I have a recollection - I believe I did not state on the former occasion that I could not see what the other had on; I said he had no hat on, but that Brown had a hat - I do not recollect stating that I did not know what he had on; I think I stated he had no hat - I did not state that I could not see what he had on

MR. ADOLPHUS. Q. Brown alone was on trial then? A. Yes; the Judge asked the questions on that trial; Brown's counsel did not cross-examine me about the manner the tall man was dressed - I believe he asked how far I was off, and whether I was in a box; he asked very few questions - I do not recollect his asking me about the tall man at all.

JOHN LARKIN . I am inspector of the watch of St. George. On the 22d of April, about ten minutes past two o'clock in the morning, I went to Mr. Newton's premises; before I reached the back door, I stumbled over some articles of wearing-apparel; I did not see any person on the premises - I found the pannel of the door taken out by a centre-bit; a person pointed out where he had seen a man getting over the front, and then retreating back; I then traced footsteps over four or five garden-walls towards Bedford-street - I think they were the steps of two persons - I stumbled over some wearing-apparel, which Newton has; I found a hat and a cap stuffed in it, and also a walking-stick and small crow-bar; I brought the crow-bar here at the last trial - the cap was a round hairy one - (Shelswell here produced the cup and stick.)

JAMES LEE . I belong to Lambeth-street. This stick and cap were brought to me by Shelswell; after seeing them I went to No. 43, Rose-lane, Spitalfields, and apprehended the prisoner, suspecting he was the person, having seen him wear a cap similar to that, and carry a stick like that frequently - he lodged there; I knew that before - he was coming down stairs; we desired him to go up again, and when we got into the room I told him I wanted him for a robbery; he said, "What robbery?" I told him for a robbery down the road, meaning the Commercial-road: he said if any one wanted him, they might come there (to his lodgings) to see him; I told him that was not the way I did business, he must go to the office - he then went to the fire-place, took up a poker, made use of many oaths, and said he would not go; that I only wanted him to give him trouble; I told him he had better put the poker down - if he did not, we should certainly shoot him; Shelswell had a pistol, and pulled it out; he then sat down, and afterwards said he would go quietly; I searched the room, and found a crow-bar, dark-lantern, matches, phosphorus-box, and skeleton-key - I took him to the office; he underwent several examinations, and was not committed on that charge.

Cross-examined. Q. When was this? A. On the 16th of May; I knew he had lodged in Rose-lane two days before, and have ascertained since that he had been there three weeks - I have since ascertained that he was living separate from his wife.

MR. ADOLPHUS. Q. Can you tell whether, though they might live in separate places, he was not frequently with her? A. I cannot; she lived at that time in Prince's-place, Walworth.

THOMAS SHELSWELL . I am an officer. The things produced are the same as were found at the prisoner's lodging; this is the cap and stick found at the prosecutor's premises - I know the prisoner, and knew his wife; I saw them together in February last; the prisoner was dressed in a blue jacket and trousers, and a hairy cap, as much like this as possible: in August last I and Mr. Newton called on the prisoner's wife; she went with us to her lodging in Prince's-place, Walworth; I had not seen them together there in February; that was at the George, George-yard, Whitechapel - we found a pair of bracelet snaps, in a small box, in the prisoner's wife's room; Newton wished to take them for his daughter to see, and we took them to her; in consequence of what she said, we went back again, and found a pair of ear-rings - Miss Newton had described some ear-rings; it was that induced us to bring them away, and nothing else; they were in the same box as the snaps - I saw the cap and stick on the morning after the robbery; Newton gave me some description; I knew the prisoner was in the habit of wearing blue trousers and a hairy cap; as soon as I saw the cap I took it up, and suspected it belonged to the prisoner at that time, and desired Newton to keep it safe.

Cross-examined. Q. When did you search at Walworth? A. On the 5th of August; I was before the Magistrate in May, and stated all I knew; I have not seen the prisoner and his wife together since February; I do not know whether they have lived separate since then - I knew his wife was living in Prince's-place, and he in Rose-lane.

MARY SHEPHERD . I live in Prince's-lane, Walworth-common; I am the prisoner's wife's sister. The search was made at my house in August; she had lived in that house ever since the latter end of October - I have not seen her husband with her since October last, I am positive; I do not know Sarah Stevens, nor Samuel Barwick.

Cross-examined. Q. Have they, to your knowledge, since October lived separate? A. Yes; these bracelet-snaps were found at my house in possession of the prisoner's wife; I know them - I do not know whose property they are; I know nothing of them; I had a pair of ear-rings like these; if these are not them, they are exactly the same pattern (looking at them); they were my husband's mother's, and one was broken in her ear when she was dying, twenty-five years ago last June; one of these are broken - to the best of my belief they are the same.

MR. ADOLPHUS. Q. Had they been in your possession since your mother died? A. They have never been out of my possession - the box was mine; my sister had nothing there; she had free access to my place.

Q. Do you mean to swear positively these are your mother's ear-rings? A. No, because there are so many nlike.

COURT. Q. You say the things were in your box; did she keep any thing in your box? A. Yes, she kept articles of her own in it; the box is in my possession now.

MR. ADOLPHUS. Q. Has any box been burnt? A. Oh, my sister said she burnt a box, but I never saw it - the box is not here.

SARAH STEVENS . I live at No. 44, Rose-lane, Spital-fields. I have seen the prisoner several times, but never spoke to him but once; he took my apartment, (at least a woman who came as his wife did). about the middle of April this year; they slept together as man and wife, I believe, for three weeks; I never heard to the contrary-Lee shewed me the house-breaking implements found in the room; the prisoner came to me in the name of James Jones , a carpenter - he occupied my apartment from the middle of April till the 5th of May.

SAMUEL BARWICK . I am a tailor, and live at No. 30, Lower Chapman-street, St. George's East. I know the prisoner and his wife - I have known the wife about a year and a half; I saw them together in January or February at my house; the wife's brother rented an apartment at my house, they came to see him - they were there together; I do not recollect seeing the prisoner but once there with his wife; I think it was in the afternoon; I did not see them

go away; I do not know what time the prisoner went, but his wife stopped all night; I heard her say in the course of the evening that he was gone, and she was going to stay all night; I believe this was in January - it was then or in February.

Cross-examined. Q. Did you know where the prisoner lived at the time? A. No, nor where the wife lived; I heard she was his wife - I have not seen them together since that; whether they came together I do not know; I have not seen the wife since - I had seen her at my house often before, but never saw him before.

MR. ADOLPHUS. Q. I thought you said you had known the prisoner and his wife a year and a half? A. Yes; I think I have, but do not recollect seeing them together except at the time I mention; the prisoner has been at my house I know; he called on his wife's brother I suppose; I have not seen them come together.

Q. Well, but in the same course of time have you seen them going to visit the brother? A. Each going, certainly - it has not been half a dozen times I should think.

COURT. Q. Have you seen each going to your house separately at different times? A. I do not know that I have; I think I have seen the prisoner at my house more than once, but not in her company, not to my knowledge.

MARY DRYSDALE NEWTON . I live with my father. On the night of the 21st of April I heard a noise in the house, and alarmed my father about half-past one o'clock; my room was plundered - I lost a watch from my bed, and a box containing some trinkets (looking at the bracelet snaps) - I think these are mine; I have a very strong opinion of it; I had such a pair like them in all particulars, but no particular mark on them; I had a pair of ear-rings, which I described to my father and the officer when they brought the snaps - these are them I am positive (looking at them) - I have not the least doubt about them; I have bad them eight or ten years - they were given to me by my aunt Drysdale; I broke one after they were given to me.

Cross-examined. Q. You do not speak positively to the snaps, but think they are yours? A. Yes; I am positive of the ear-rings by the colour, and the manner in which they are broken; I believe them to be a common pattern.

MR. ADOLPHUS. Q. Do you only know them by the break? A. I know them by the look and appearance - they are the same colour, make, and shape altogether; and are set the same as what I lost; I should not have the least hesitation in saying they were what I lost if I had seen them any where; I should not have known them so well if I had not broken them.

JANE DRYSDALE . I am Miss Newton's aunt. I gave her a pair of ear-rings; I had had them between seven and eight years when I gave them to her, which was ten years ago - these produced are the same I am quite sure; I should know them as well if they were whole as broken.

Cross-examined. Q. What enables you to speak positively to them? A. Because I had them so many years before I gave them to her; they are not a very common pattern - I never saw any like them; I bought them of Mr. Coffee, Commercial road, opposite Bermondsey-street; I know them by the shape of the stone and the colour of the stone; they are a particular dark cornelian; I may not have seen them for a year or a year and a half till they were before the Magistrate; they were broken when I saw them last-I knew them by nothing but the darkness of the cornelian. and the shape; I was before the Magistrate.

MR. ADOLPHUS. Q. Did you see them there? A. Yes, and had no doubt about them; there is now a part of the broken piece left on the joint, but I had not noticed that.

MISS NEWTON re-examined. I know there was a piece of the broken part left in the joint, as this is now.

Prisoner's Defence. My Lord and Gentleman of the Jury, - I beg leave to state that I have been unfortunately tried capitally three times within the short space of three weeks, and am the victim of a foul conspiracy of the officers of Lambeth-street; I do not know why; they have declared, since I have been in custody, that they would hang me if there was a possibility to do it; there must be something more than the ends of justice attached to that - I have no more to say, but trust entirely to your superior judgment; as to the officers speaking to my identity, if they had given such evidence at the office I should have been committed for trial with the unfortunate Brown, and they had it all fresh in their memory then.

RICHARD ANDREWS re-examined. Q. You have spoken of being on duty between ten and twelve o'clock, and seeing somebody who excited your attention - look again, and tell the Jury whether you are positive that is the man? A. I can speak that he is positively the man - I had repeatedly seen him on my beat before; I did not notice his dress particularly, any more than the cap and stick - he had a cap of that description.

The prisoner here, at his own desire, put the cap on.

Prisoner. It is quite a boy's cap.

RICHARD ANDREWS . I am not at all mistaken in the man.

Prisoner. If he had given this evidence at the office I should undoubtedly have been committed with Brown, but no such evidence was given.

GUILTY - DEATH . Aged 27.

Before Mr. Justice Gazelee.

1700. JAMES CHARGE was indicted for stealing, on the 14th of August , at Hendon , 1 gelding, price 12l. , the property of Peter Coles .

MR. PHILLIPS conducted the prosecution.

GEORGE COLES . I am the son of Peter Coles, who lives at Small-dean farm, Wendover . On the 13th of August I heard him desire Wooster, the servant, to place the horse in the paddock, and on the morning of the 14th it was missing - I received information, and went to Highwood-hill on the 17th, and saw the horse in possession of Hill; it was the same as I had missed - it was well worth 12l.

THOMAS WOOSTER . I am a servant to Peter Coles . On Thursday evening, the 13th of August, between eight and nine o'clock, I remember putting the horse in the paddock by my master's direction; there is a gate to the field, which I fastened - I went next morning, between four and five o'clock, to the paddock to look for the horse; it was not there - I found the gate shut and pinned; I knew the prisoner, his name is James Charge .

HENRY HILL . I keep the Three Crowns, at Highwood-hill. On the 14th of August, a little before ten o'clock in the morning, the prisoner came to my house with a horse; I saw the horse tied to the sign-post - it seemed as if it had been rode hard in the night - I asked the prisoner whose horse it was; he said it was his - it was put into the stable; I understood he wanted to sell it, and asked him if he would sell it - he said he would; I asked what he wanted for it - he said 12l.; I offered him 5l - he said he could not take that, it was too little; I bid him him 10s. more, and he offered it to me for 6l. - I have had horses in my possession many years; I think it worth 10l. or 12l. - I told him I could not give more than I had offered, and should detain him and the horse, as I suspected it was stolen; he said, "Very well," and sat down contented - I sent for a constable; I asked his name in our conversation - he said it was Jem; he gave me no other name till we got before the Magistrate; he then gave his name as James Kirby - I asked him where he had the horse from; he told me that, on the 13th of August, it was at the Black Boy, at Hampstead-he said he had bought it at Dunstaple fair; that a gentleman had it from the Black Boy on the 13th to the Woolpack at St. Albans in his gig, and he had been to fetch it - I asked if they would know him at the Black Boy if I went to make inquiry; he said both the master and boy would know him, that the ostler had started him the day before from the Black Boy, at Hampstead, and the master saw him go likewise - I shewed the horse to Mr. Coles, jun. when lie came up, and gave it up to him - it was the same as the prisoner brought to my house.

JOHN WELLS . I am ostler at the Black Boy, at Hampstead. I know the prisoner's person; I did not see him on the 13th of August - I think the last time I saw him was between five and six weeks before; I am quite sure he was not at the Black Boy with any horse on the 13th.

FRANCIS ELDRIDGE . I am a blacksmith, and live at Wendover. I know Mr. Coles' horse, and saw it at my shoeing-house on the 13th of August.

GEORGE COLES . Our house is thirty-four miles from town.

THOMAS WOOSTER . I had seen the prisoner in the winter - I do not know where he had been living since that.

Prisoner's Defence. I was engaged to bring a horse from St. Albans to Hampstead for a man - he agreed with me, and paid me 5s. for the job; I brought it to Highwood-bill - it being wet I put up there; I had two pints of beer - Mr. Hill detained me, saying he thought it was stolen; I did not know any thing of its being stolen - I had brought it up for the man; he never went to see after the man till eight o'clock at night.

JOHN WELLS re-examined. I did not see the prisoner at our house on the 13th - it did not start off with a gentleman in gig; there was no such person.

MR. COLES. I do not know the prisoner, but have heard of his character being pretty good - St. Albans, I should suppose, is upwards of twenty miles from Wendover.

Two witnesses gave the prisoner a good character till about three years back, since which time they had not known him.

GUILTY - DEATH . Aged 32.

Recommended to Mercy by the Prosecutor and Jury, on account of his character .

Second London Jury - before Mr. Recorder.

1701. DANIEL SAUNDERS was indicted for stealing, on the 4th of August . 1 pair of boots, value 9s. 6d. , the goods of James Nicholas Waylett .

JAMES WOLSONCROFT . I am in the employ of James Nicholns Waylett , a boot and shoemaker , on Fish-street-hill . On the 4th of August, between seven and eight o'clock, the prisoner came into the shop with a coconnut, which he offered to sell for 6d.; I said I did not want any thing of the kind - he then offered it for 4d., and 3d., and down to a halfpenny, and then wanted to leave it and call for the half-penny next day; I made no reply. but turned my back; and when I turned again I missed a pair of boots which had stood by his side, and which I had been cleaning three minutes before - I ran down the hill, saw him running across Monument-yard, and followed him round the chapel in Eastcheap; he made a full stop - I saw him take the boots from under his left arm there; I saw them in his hand - I sprang forward, and took hold of the skirt of his coat; he threw down the boots and ran away, but I never lost sight of him.

Cross-examined by MR. BODKIN. Q. Was it darkisk? A. It was nearly day-light; there were not many persons passing - there were two or three; I met hardly any body-he turned three corners, but I had him in sight each time; he turned round before me, but was not out of my sight a moment - we call the property Blucher boots; they are not shoes.

JOHN MANNING . I am a constable. The prisoner was delivered to me with the shoes; there were a number of people round him.

(Property produced and sworn to.)

Prisoner's Defence. I asked the gentleman to buy the not - he said No; I went out, and met a young man, who asked if I was a Jew - I said I was; he asked me to buy the shoes, and as I dealt in old clothes I bought them for 4s.; the prosecutor came and took them from me - if I had been remanded I could have brought the witness who saw me buy them; I did not run with them.

GUILTY . Aged 21.

Confined One Year , and Publicly Whipped .

1702. JOHN MAHONEY was indicted for stealing, on the 20th of August , 1 watch, value 20s., and I key, value 1d. , the goods of Sarah Thompson .

SARAH THOMPSON . I am single, and live on Collegehill ; I keep a gentleman's house there. On Saturday, the 29th of August, at twenty minutes past one o'clock, I left my watch under a vegetable-cover in the larder, and missed it about eleven at night; the prisoner worked at the house as a plasterer's labourer , till half-past six that day, and had an opportunity of going to the larder; a great many workmen were employed in the house - they were all gone when I missed it; the porter of the house went after the prisoner on the Sunday morning, and on the Monday I saw it before the Lord Mayor, and am certain it is mine. He had worked at the house before.

REECE JONES . I am porter to Mr. Drew, of College-hill. Thompson was minding the house; I heard of her lose between eight and nine o'clock on Sunday morning; I went and found the prisoner in Shoe-lane, where he lives - I had given information to his master: I went for an officer, and on returning found him with his master at the corner of the court where he lived; the officer took him back into the house, and asked where the watch was-he denied all knowledge of it; the officer refused to take him in charge in the morning - I went in the afternoon with another officer; he then took the watch out of his sob, and I caught hold of it.

WILLIAM JACKSON . I am a constable. I apprehended the prisoner, and in crossing from Plough-court, Holboru towards St. Andrew's watch-house, he called Jones - I saw something pass from him to Jones; I saw him take it from his sob - I caught hold of it; it was this watch.

(Property produced and sworn to.)

Prisoner's Defence. I worked at Mr. Drew's, and was several times in the kitchen; I saw the watch under the cover, with the key hanging out - something tempted me to take it; I kept it, but did not mean to steal it; I wore it on Sunday, and meant to return it on Monday morning - I denied having it on Sunday, because I meant to return it: in the afternoon I put it in my pocket, and meant to go to Mrs. Thompson's with it; Jones said he would do nothing in it if I would give it to him, and I did; If I had wished to steal it I could have made away with it.

GUILTY . Aged 16.

Confined Six Months .

1703. WILLIAM BRYDON was indicted for embezzlement .

JAMES DEDE . I am in the employ of James Milner , of Crown-court, Old Change, callender and packer ; the prisoner was his servant , and collected money for him - he was to account daily for what he received: he never accounted for this amount - he has lived there longer than me; I have been there three years.

Cross-examined by MR. BARRY. Q. Is Mr. Milner here? A. No - I am sure his name is Milner; I never heard him go by the name of Mellor - I did not know him at Manchester; all the sums the prisoner received were to be paid into my hands; he entered them himself in a rough cash-book in the office, which I have hear; I charge him with embezzling 27s. on the 6th of June, received from Inglis and Co. and 3l. 16s. 6d. on the 4th of August, from Charles Meekin.

Q. Do you recollect when he came home wet one day, telling you he was going out to receive this 1l. 7s.? A. No - I cannot recollect his going out when he complained of being wet; I will swear he did not bring me home this 27s., place it on the desk, and desire me to enter it in the rough book. Three waistcoat-pieces which were found among his clothes have been kept back, considering them to have been stolen; they are at home, not exactly in my possession - I told the officer I meant to detain them, considering them Mr. Milner's; Mr. Milner has discharged an old servant since I have been there.

JAMES INGLIS . I live in Old Fish-street , and keep a carpet warehouse. I paid the prisoner on the 6th of June, 1l. 7s., for Mr. Milner; I know his person, and am certain he is the man - I had paid him money several times for Milner; I saw him write this receipt - (read).

Cross-examined. Q. Had you paid him money before? A. Yes, generally small amounts, for two or three years; I was applied to for this five or six weeks ago, and produced his receipt.

JOHN SPEECHLEY . I am a constable. I apprehended the prisoner about five weeks ago, and brought him to his master's counting-house - he was still in the service; he denied the charge: Mr. Inglis' was the only amount mentioned then.

Cross-examined. Q. When was the second charge made? A. At the third examination.

WILLIAM JOHNSON . I am clerk to Charles Meekin , of Holborn-hill; he was indebted to Mr. Milner 3l. 16s. 6d. - the prisoner produced a bill to me, and I saw him write a receipt for it, which I produce; he wrote it before me, up in the counting-house, and took it down with an order, which I wrote on the back, for Thompson to pay it.

Cross-examined. Q. He was quite a stranger to you? A. Yes; I know him, because while he was looking down to write the receipt, he had rather a particular head of hair, which struck me he must be a man of colour, and I looked at his face, to see if he was; I did not tell the Magistrate I knew him by a rag on his finger.

ALEXANDER THOMPSON . I am servant to Mr. Meekin. On the 4th of August the prisoner came down to me with a receipt, and an order on the back to pay it; I paid him 3l. 16s. 6d., which I put into his own hands - he thanked me, and walked out; I never saw him before, but am certain of him; I could swear to him as well as to my own brother: here is the receipt, with the order on the back of it.

Cross-examined. Q. You never saw him before? A. Never; my master is in a large way of business - I take cash from hundred's daily, but I can swear to him; I noticed a rag on his finger, but do not speak to him solely by that.

JAMES DEDE . I have seen the prisoner write, but could not swear this receipt is his writing; it appears to me to be feigned hand; he has never accounted for either of these amounts; I am the person he should account to - the bill is attached to this receipt; it is for business done by Milner.

Cross-examined. Q. Do you happen to know that he came to Mr. Milner's from the service of Mr. Glover, of Watling-street? A. I understood so; I have the rough book here.

COURT. Q. Turn to the 6th of June - is there any entry of 1l. 7s. from Inglis? A. There is no such entry; he was not authorized to collect on the 4th of August, so there is no entry on that day - there is no entry of the transaction at all.

MR. BARRY. Q. Did he not account sometimes to Mr. Milner as well as yourself? A. No - if Mr. Milner himself receives money he accounts to me for it; it is the prisoner's duty himself to put down the money he received - I never took money from him till he himself entered it, and the party he received it from; there is no entry of his without a name to it - I do not recollect an instance of Mr. Milner having given me money received by him, for he has not been able to attend to business for six months; I make up my account every morning - I pay cash into the banker's, but keep a floating balance; I have never been urged to make up my accounts quicker than I did.

The prisoner delivered in a written Defence, declaring that he had paid the 27s. to Dede, desiring him to enter it, as he had come home wet, but denying that he had ever received the amount from Mr. Meekin's, and stating that the charge arose from vindictive feelings on the part of Dede.

JURY to WILLIAM JOHNSON . Q. Did the prisoner bring the bill with him? A. No; he asked for Mr. Milner's account, which had been left - our regular settling day is the first Tuesday in the month; I paid several others that day - I think he asked for the precise sum, as I always ask what they call for; I am positive of his person - if a stranger had asked for the account, and named the sum I should have paid him.

ALEXANDER THOMPSON . I paid no other sum of 3l. 16s. 6d. that day, to my recollection; I swear I paid that sum to the prisoner; I never saw him before.

The prisoner received an excellent character.

GUILTY (of embezzling 27s.) Aged 23.

Recommended to Mercy . - Confined Two Months .

1704. THOMAS HOPKINS was indicted for stealing, on the 19th of July , 1 hat, value 10s., the goods of James Muston ; and 1 hat, value 10s. , the goods of the Rev . Caleb Morris .

MR. PHILLIPS conducted the prosecution.

JOSEPH HUNT . On Sunday, the 19th of July, I was at the Independent chapel, Fetter-lane , in the clerk's pew, and had a good view of the vestry window; I heard it creak, looked towards it, and saw it raising up - I saw the head of a person at the window, and intimated to the clerk what I had seen; the window is in a court, and could be lifted up the person without climbing.

RICHARD AXELBY . I was at the chapel; my attention was called, and I saw a man getting out of the vestry window with a hat in each hand; I immediately went out of the chapel, round into Cursitor-street and Castle-street, and at the end of Norwich-court, leading into Fetter-lane, I saw the prisoner going deliberately along, with two hats in his hand; when I got within arm's length of him, he saw me, threw them down behind him, and ran off as fast as he could - I followed, calling Stop thief! he had a hat on; I followed him across Fetter-lane, as far as New-street-hill, and on turning the corner Pavey had tripped him up; they were both rolling together - I caught hold of him, and we brought him back with difficulty; he pleaded for mercy when I first laid hold of him; but at the top of Dean-street he began to be violent, and vowed he would not go to prison for nothing; he struck me, and tore my neck handkerchief - I lost my pin; we were obliged to carry him to Holborn-hill - he vowed he would not walk, and dropped down; he was very desperate at the watch-house - they were obliged to lay him on his back and handcuff him: and even then he got to the fire-place, seized the poker, and would gave done some violence had he not been prevented; I do not believe he was drunk - I swear he is the man; one hat was brought back to the vestry, and given to Mr. Muston, I believe.

ADOLPHUS PAVEY . I am a butcher. I tripped the prisoner up as he was running; I took up a hat in Norwich-court, and gave it to Axelby; he kicked me in a dreadful manner - he did not appear at all in liquor, and ran very fast.

ABRAHAM COLEY . I am an officer. This hat was given to me by Mr. Muston; I was obliged to take the prisoner to the Compter in a coach, he was so very violent.

JAMES MUSTON . I am a deacon of the church. I hung my hat in the vestry, and saw no more of it till it was brought in with the thief; the service was going on when I hung it up; the Rev. George Burder was preaching, and the Rev. Caleb Morris hearing him - this is my hat.

REV. CALEB MORRIS . I left my hat in the vestry - it was given to me after service; I do not know who by.

Prisoner's Defence. I certainly was very much in liquor when I was taken - the gentlemen know it as well as I do; I have a wife and child dependent on me, and will take care I am never guilty of the like again.

GUILTY . Aged 32.

Transported for Seven Years .

1705. GEORGE GIBBS and WILLIAM JONES were indicted for stealing, on the 24th of July , 1 handkerchief, value 2s., the goods of Augustus Haywood , from his person .

AUGUSTUS HAYWOOD . I live in Gray's Inn-road. On the 24th of July, about two o'clock in the afternoon, I was in Beech-street, Barbican - I put my hand into my pocket to use my handkerchief, and missed it - it was safe twenty minutes before; a gentleman almost immediately came up and gave me information - the prisoners at that time had run away; I joined in pursuit, and laid hold of Jones in a court in Upper Whitecross-street - he took his hat off, and handed me the handkerchief, saying, "Pray, Sir, is this your handkerchief?" I said it was, and kept him; they had run in different directions; I saw Gibbs in about ten minutes - I had not seen them near me.

WILLIAM HARDING . I live in Tower-street, Westminster-road. I was in Beech-street, on the opposite side to Haywood, and saw the two prisoners following him about the length of two houses - and nearly opposite Beech-lane I saw Gibbs take the handkerchief out of his pocket and give it to Jones who put it into his breast, under his coat; they passed on to the corner of the lane; I saw the prosecutor feeling for his handkerchief - I heard one of them say, "He is nobbing for it;" they directly ran down the lane; Haywood came over to me and we pursued; they divided - I saw Jones run down a court, and called to the prosecutor to tell him; I was close behind him when he took him; he gave the handkerchief from his hat - he had changed it from his breast; he said, "Is this yours Sir?"

JOHN WILEY . I am a constable. I saw the prisoners running down Beech-lane together; I followed them into a court into Redcross-street - I ran round Redcross-street, and apprehended Gibbs in Whitecross-street; I found Jones in custody, and took them to the Compter; I found a handkerchief in Jones' hat, which has not been claimed; he said it was his own.

Jones's Defence. There was rather a shorter boy than this before me; I was ten or twelve yards behind him - I saw the handkerchief drop and picked it up - being out of work, I put it into my breast and turned down Whitecross-street; they called Stop thief! I thought I might get away with the handkerchief, which would fetch me 1s. or 2s. - the gentleman called after me; I asked if it was his - he said Yes; and if I would give it him I might go.

Gibbs's Defence. I know nothing of Jones.

GIBBS - GUILTY . Aged 17.

JONES - GUILTY . Aged 20.

Transported for Life .

1706. WILLIAM GRAYSON was indicted for stealing, on the 7th of September , 1 handkerchief, value 1s. 6d., the goods of John Yallowley , from his person .

JOHN YALLOWLEY . I live at Wapping-wall. On the 7th of September, about eight o'clock in the evening, I was at Bartholomew-fair , and went into Wombwell's menagerie - I felt my handkerchief safe not two minutes before I missed it; I had seen the prisoner near me not ten minutes before - on missing it, I spoke to my friend Geddes, who pointed to the prisoner; I immediately seized him - he appeared in company with others, but they were at a distance; I saw them in his company about ten minutes before - he dropped the handkerchief immediately I took him - I did not see him drop it, but I took it from under his feet; he denied taking it - we took him to the watch-house.

CHRISTOPHER GEDDES . I live at Lower Shadwell with my brother, who is a chain dealer. I was with Mr. Yallowley, and saw the prisoner take the handkerchief out of his pocket, and put it into his own; I pointed the prisoner out to Mr. Yallowley, who seized him, and the handkerchief dropped at his feet - he denied taking it; another handkerchief, quite a different colour, was found on him - I am sure I saw him take it.

WILLIAM DRINKWATER . The prisoner was brought into the compter - I searched him, and found an old ragged handkerchief and 2d. on him.

Prisoner's Defence. Here is the handkerchief I had, it was not torn at all; I was coming through the fair - there was an immense crowd opposite a show - the mob forced me against the gentleman's pocket; he charged me with the robbery - I said I had not seen it; he felt in his pocket, then turned round, saw it laying down, and charged me with it.

MR. GEDDES. I am sure of his person - he never moved after taking it; nobody but him could possibly take it.

GUILTY . Aged 22.

Transported for Life .

1707. ANN JONES was indicted for stealing, on the 25th of August , 4 sovereigns, and 1 pocket-book, value 6d., the property of Edward Redding , from his person .

EDWARD REDDING . I am a boatman , and live near Coventry. Between twelve and one o'clock at night, I lost a pocket-book and four sovereigns from my waistcoat pocket - I was not drunk: I had been drinking at Spring's public-house, in Holborn, for about an hour and a half, with my brother - I only drank ale; we had some spirits with the prisoner - it got late, and rained very hard; I asked Mrs. Spring if she could accommodate me with a bed - she could not; I met the prisoner in the street, and went into a private house in Gloucester-place - I believe we had 3s. worth of drink among the prisoner, myself, my brother, another woman, and the woman of the house; we paid two shillings each for a bed - I had money in my pocket, besides the sovereigns in my pocket-book; I shewed my pocket-book to the woman of the house, when I paid for the bed - I told her what was in it, and that I should expect to find it all good in the morning; I put my clothes under the pillow - my brother and another woman had gone to sleep in another room; I missed my money between twelve and one o'clock - I had not been to sleep, I am certain; the door was not locked - the prisoner was in bed with me, and I felt her draw the pocket-book from under my head she jumped out of bed directly, and I after her - she got out of the room; I could not find the way out - I gave an alarm; the woman of the house brought a light up, and the prisoner was then sitting on the stairs, opposite the room door - she did not get out of the house; the watchman found my pocket-book under a chair in the room we had been in - I am certain it was in my waistcoat pocket, when I put it under the pillow.

Cross-examined by MR. PHILLIPS. Q. How long had you been roving about that day? From about two o'clock in the morning - I fell in with her about twelve; I went to no public-house but Spring's, except the Blue Posts, to get a bed - I had a pint of beer at the King's Arms about two o'clock; nothing else - I understand Spring is a boxer; I was with nobody but my brother - he is no friend of Spring's, nor is he a fighter; I swear I was not drunk, nor off my guard - I do not think I had above one pint of beer at Spring's, but will not swear what I paid; the prisoner and the other woman were at Spring's - I am not married; I left Spring's between eleven and twelve o'clock - Spring sent no person to the Blue Posts to get a bed; the prisoner's is an up stairs room - the woman pulled the door after her; it was not locked - I paid the prisoner 3s.; I did not have two quarts of gin - we had 2s. worth of gin among us five; no money was found on the prisoner - the watchman took up my brother's woman, and all he found in the house; I am certain the money was in the book, for I shewed it to the woman of the house - I bet 23s. at Spring's on Deaf Burke fighting Cousins; I did not pull out my pocket-book to make the bet - I gave the stake to Mrs. Spring; I was not drunk when I went to bed, or I should have gone to sleep - I never said if the money was given up I would say nothing about it.

ROBERT BROWN . I am a watchman. Spring keeps the Castle in High Holborn - I was sent for a little before five o'clock in the morning, to No. 12, Gloucester-court; it is a common house - the prosecutor had called the watchman, who called me; I found the prosecutor standing at the street-door - he said he had been robbed of a pocket-book and four sovereigns, by a woman up stairs, who he had been with; I went up with him to the room he said he had been in - I found the prisoner in that room; he pulled her out; he was quite sober - the prisoner stood at the end of the room; his brother and another girl were there - he stated he had called his brother down to inform him of the robbery; I found the pocket-book in the room, close to where the prisoner stood - it was the room they had been to bed in; I searched every where else, but found no sovereigns - a man named Hawkins keeps the house, but does not live in it; the woman who manages it for him came up and told the prisoner she must have it, and recommended her to give it up, saying,"You know I saw it, and you saw it, the night before" - the prisoner said she had not got it; the brother said the woman he had been with could not have taken it - the woman of the house was taken up, but discharged; there was a woman sleeping by herself in another room.

Cross-examined. Q. They were all taken up? A. I took the woman and the prisoner - I have often given information of this house to our people; there was a window to the room - the curtains were down; I searched every place as minutely as I could, but did not search any of the women but the prisoner - he insisted that nobody but her could have it, for nobody had been near her; I left the servant to search her more closely than I could -I did not find three shillings on her; she said he had given her three shillings - they were both dressed when I saw them; the servant said she had the key, and she could not get out without being let out.

ABRAHAM COLEY . I am an officer, and was fetched a little after five o'clock - I searched the prisoner; she had half a crown and sixpence, which she said the prosecutor had given her - I searched the house all over, but found no money.

MR. PHILLIPS to EDWARD REDDING . Q. How soon after you went to the house did she take your money? A. In about three quarters of an hour after we went to bed, which was as soon as we had drank the gin - that did not take more than a quarter of an hour; the watchman was not sent for before, because the old woman of the house kept begging her to give me up the money, as she was certain she had it - when I left the room I left my brother sitting with her; the money was not likely to be found on her - she had thrown it through the window, which she owned.

JURY. Q. Was she drunk? A. I cannot say that she was - I met her by the Blue Posts, and took her to Spring's, but did not stop there a minute after - Mrs. Spring would not let me have any thing to drink; I looked under the bed, and am certain nobody was in the room - I felt her drawing my pocket-book out, and could not resist her; she did not take my waistcoat.

NOT GUILTY .

NEW COURT, Fourth Day.

Fifth Middlesex Jury. - Before Mr. Common Sergeant.

1708. THOMAS WILLIAMS was indicted for feloniously breaking and entering the warehouse of James Shears and others, and stealing therein 50lbs. weight of composition metal, value 1l. 5s., and 1 iron bar, value 3d., the goods of James Shears and others .

The prisoner pleaded GUILTY . Aged 32.

Transported for Life .

1709. JOHN WILKINSON was indicted for stealing, on the 6th of August , 2 shirts, value 5s.; 1 handkerchief, value 1s., and 1 waistcoat, value 1s., the goods of Hahor Luming ; 2 shirts, value 1l., the goods of Richard Shrimpton ; 2 shirts, value 5s., and 1 pair of trousers, value 2s., the goods of Charles Frederick Auguste Bodahl ; 3 shirts, value 2s., and 2 pairs of stockings, value 2s., the goods of Hugh Rose Fraser . Also for stealing on the same day, 9 shirts, value 32s.; 1 handkerchief, value 1s.; 1 waistcoat, value 1s.; 1 pair of trousers, value 2s., and 2 pairs of stockings, value 2s., the goods of the said Hugh Rose Fraser .

The prisoner pleaded GUILTY . Aged 34.

Transported for Seven Years .

1710. SAMUEL ROWORTH was indicted for stealing, on the 14th of July , 1 frock, value 1s. 6d. , the goods of William Keep .

The prisoner pleaded GUILTY . Aged 21.

Confined One Month .

1711. JAMES MITCHELL was indicted for stealing, on the 20th of July , 12 knives, value 2s., and 12 forks, value 2s., the goods of John Hinton and another .

The prisoner pleaded GUILTY . Aged 33.

Confined Two Months .

1712. JAMES LEGG was indicted for stealing, on the 29th of July , 1 jacket, value 4s.; 1 pair of breeches, value 20s,; 2 shirts, value 10s.; 1 pair of drawers, value 1s.; 6 cravats, value 6s., and 2 sovereigns , the property of Joseph Loader .

The prisoner pleaded GUILTY . Aged 18.

Transported for Seven Years .

1713. JOHN FISHER was indicted for stealing, on the 5th of September , 2 sow pigs, value 3l. , the goods of William Heard .

The prisoner pleaded GUILTY . Aged 55.

Transported for Seven Years .

1714. JAMES DAVIS was indicted for stealing, on the 18th of July , 2 check braces, value 2s. , the goods of Charles Lynes Stephens , Esq .

The prisoner pleaded GUILTY . Aged 27.

Transported for Seven Years.

1715. CORNELIUS NEHAM was indicted for stealing, on the 1st of June , 30lbs. weight of leaden pipe, value 10s., and 2 cocks, value 3s., the goods of Margaret Harris , and fixed to a certain building .

MARGARET HARRIS . I have a house in St. George's in the East , which I let to the prisoner in the latter end of May; the water pipe was then safe; it was under ground - here is a copy of the agreement for letting the prisoner the house, in which it is stated that he was to lay on the water at his own expense, but he has not done it.

MARGARET GARLING . I live in the same house. The prisoner said he had agreed to take it, and we were to commence his tenants three days afterwards; he took the locks off the doors, and said he was going to send in some furniture.

PHILIP PARISH . I am an officer. I took the prisoner; he said he had taken up the lead pipe to put down iron, and had taken off the locks to mend.

Prisoner's Defence. I was to lay the pipe from the main to my house; the pipe was rather in the ground - the locks I took off to get keys.

MRS. HARRIS re-examined. Q. Suppose he had to lay down the water pipe, was it necessary to remove the other? A. No, he was to lengthen it to run into the yard, to make a lodging-house of it.

NOT GUILTY .

1716. MICHAEL CANNON was indicted for stealing, on the 24th of August , 1 hat, value 5s. , the goods of Mary Powles , widow .

JOHN LANHAM . I am errand-boy to Mary Powles, widow; she keeps a butcher's shop , in Oxford-street . I saw the prisoner take a hat from a board on the threshold of the door, on the 24th of August; I went to him, and he gave it to me - he seemed quite stupid.

Cross-examined. Q. I believe he was very tipsy? A. No, not at all; he seemed stupid, and said, "Here, here?" he must have got on the step to take the hat.

JOHN BARRETT . I was on the opposite side; I saw the prisoner take the hat, and after he gave it up he ran off -I pursued him to Hanway-street, where he was taken.

(Property produced and sworn to.)

The prisoner received a good character.

GUILTY . Aged 17.

Fined One Shilling and Discharged.

1717. JOHN BATES was indicted for stealing, on the 3rd of September , 2 pairs of shoes, value 6s. , the goods of Samuel Bassett .

WILLIAM GILBODY . I am in the employ of Mr. Samuel Bassett, a shoemaker of Whitecross-street . On the 3rd of September I did not miss these shoes till the officer brought them back with the prisoner, between five and six o'clock in the evening - they had been taken off the counter; the man had not brought them in above half an hour.

(Property produced and sworn to.)

RICHARD BURROUGHS . I called at Mr. Bassett's at a quarter before four o'clock on that day, and saw the prisoner walking to and fro, and looking into the shop; I wrote this writing on the bottom of the shoes, which had been sent in as a sample, to get the parish contract.

WILLIAM EDWARD COOPER . I am an officer. I took the prisoner at the corner of Old-street, near Bunhill-row, about one hundred yards from the shop; he had these shoes tucked up in an apron, and was looking back to see if any one was coming; I went to him; he ran to Featherstone-street, and into a court - when I came up to him he had the shoes in his hand, ready to throw over a wall.

Prisoner's Defence. A young man asked me to carry these shoes for 2d.; he said, "Put them in your apron, and run on to Shoreditch-church;" I went down a turning, which was no thoroughfare.

WILLIAM EDWARD COOPER . He told me at the time that a person gave them to him, but he did not point out any one - he ran as fast as he could.

GUILTY . Aged 15.

Fined One Shilling and Discharged.

1718. HENRY BELCHER was indicted for stealing, on the 31st of August , 5lbs. weight of beef, value 2s. 6d. , the goods of Henry Jones .

THOMAS SPEAK . I am a journeyman butcher , in the employ of Mr. Henry Jones, of Tottenham-court-road . About two o'clock, on the 31st of August, I was hanging up the meat, and when I was going for the second piece, three lads came and said, "Butcher, a lad has taken a piece of beef;" I turned, and missed a piece that I had salted, out of a dish; I ran out, and saw the prisoner and two other boy s; they ran up Percy-street, and into Rathbone-place; I turned back, went up another street into Rathbone-place, and saw the persons in Church-street; the prisoner went on to Soho-square, and to Carlisle-street; - he dropped the beef; I took it up, and took him; the two other boys had left him.

TYSON ORCHARD . I saw the prisoner drop the beef.

GUILTY . Aged 13.

Transported for Seven Years .

1719. SARAH BLAKENEY was indicted for stealing, on the 24th of July , 1 cheese, value 4s. , the goods of Henry Hallett .

HENRY HALLETT . I am a cheesemonger , and live in High-street, Shadwell . On the 24th of July, about four o'clock in the afternoon, I lost a cheese from under the window of my shop; I did not see it got, but I was sent for, and found the prisoner in custody - it had been unloaded from a cart about two minutes before.

ANN HALLETT . I was minding the shop, saw the prisoner stoop, take up the cheese, and put it under her apron - she was walking away; I came out, and took her.

Prisoner's Defence. I took it through distress.

GUILTY . Aged 56.

Confined Two Years .

1720. SARAH JONES was indicted for stealing, on the 17th of August , 18 yards of printed cotton, value 10s., the goods of Samuel Belcher and William Jones ; and that at the Delivery of the King's Goal of Newgate, holden on the 23rd of October, in the Ninth Year of his present Majesty's Reign, she was convicted of felony by the name of Sarah Raffles .

JOSEPH KAYE . I am in the employ of Samuel Belcher and William Jones , linen-draper s, High Holborn . On the 17th of August. I saw the prisoner take this print from within the door; I followed her, brought her back with it, and gave her to an officer - I did not lost sight of her; she had got about one hundred yards.

Prisoner. He said I put it in my apron, and I had no apron on. Witness. She had some sort of cloth round her, like an apron.

JOHN COOPER . I am a watchman. I received the prisoner and the property.

(Property produced and sworn to.)

The prisoner put in a written defence, stating that as she was passing the prosecutor's shop, she saw a boy drop the print, which she took up, and was immediately apprehended.

JAMES MEDLYCOTT . I produce the certificate of the prisoner's conviction by the name of Sarah Raffles ; I know she is the person - she was imprisoned for three months.

GUILTY . Aged 25.

Transported for Life .

1721. CHARLES PHILLIPS was indicted for stealing, on the 20th of July , 1 handkerchief, value 4s., the goods of Edward Flower , from his person .

WILLIAM CHIVERS . I am a porter to Mr. Young, of Bear-street, Leicester-square. On the 20th of July I was standing at the corner of Bear-street ; I saw a gentleman and lady come up the street; the prisoner went behind them, and took a handkerchief from the gentleman's pocket, the gentleman turned, seized him, and took the handkerchief from him; a person came up, and took the handkerchief and the prisoner - I did not hear what the gentleman's name was.

Prisoner. Q. Who gave the officer the handkerchief? A. The gentleman did; I went to the watch-house.

Q. Were you outside the door when the night constable asked you if you knew any thing of the transaction? A. He did not ask me that; he said, "Is there any one else to come in;" but I did not, as I never was before a Magistrate in my life.

HAMMOND WEBB . I am an officer. I produce a handkerchief belonging to a gentleman named Edward Flower , of No. 8, Chichester-rents; he promised to attend the next morning, but he did not; I went to the house, but he was gone into the country - I know nothing of the facts; but I was in Bear-street, and the gentleman gave the prisoner to me - he said he saw the handkerchief on the ground, was going to give it to the gentleman, and he took him.

Prisoner's Defence. What I stated was the fact. I saw two men pick the gentleman's pocket; I crossed the road, and took it up; the gentleman turned, and laid hold of me; I said, "It is your handkerchief, I am going to give it you;" he said, "I think you picked my pocket, and I will give you a night's lodging." I am a spring-maker, and work for Mr. Baxter, in Long-acre.

GUILTY . Aged 19.

Transported for Seven Years .

1722. HENRY WOODWARD , HENRY KEYS , and JAMES KELSEY were indicted for stealing, on the 25th of August , 1 handkerchief, value 5s., the goods of James Kennerly , from his person .

JAMES KENNERLEY . I was coming down High-street, Bloomsbury , on the 25th of August - there was a mob occasioned by two men fighting; I saw Woodward come up close behind me - he then went to the other side of the mob, came to me again, and took my handkerchief; I saw it in his hand - he went round the mob, and put my handkerchief into his inside pocket, he then went a considerable distance and took a snuff-box from another person; I told the person - he was then taken; there were two others with him; my handkerchief was found in his hat.

JOSEPH COLE . The prisoners were given into my custody; this snuff-box, key, and ring were taken from Woodward's pocket.

Kelsey's Defence. I was looking at a man selling stuff for corns, and was taken.

Woodward's Defence. I picked up the snuff-box at the corner of Rathbone-place.

WOODWARD - GUILTY . Aged 15.

KEYS - NOT GUILTY .

KELSEY - NOT GUILTY .

1723. HENRY WOODWARD , HENRY KEYS , and JAMES KELSEY were again indicted for stealing, on the 25th of August , 1 handkerchief, value 2s., the goods of Geronimo Valle , from his person .

GERONIMO VALLE (through an Interpreter). I was walking on the 25th of August with my lady - I felt I had lost something - I felt in my pocket, my handkerchief was gone - I saw it afterwards in Woodward's hat - this is it; I had it a few minutes before - I saw the three prisoners together at the time I lost it.

JAMES KENNERLEY . I followed the three prisoners from the crowd in St. Giles' to the other side of Rathbone-place; I saw Woodward take the handkerchief; the other two were close to him; I went and spoke to the prosecutor, but he did not understand me, the lady did - the prisoners then went to the corner of Hanway-street, and looked at a person selling stuff for corns; I laid hold of the three, and said, "Give up the handkerchief you took from that gentleman, and the one you took from me;" Woodward said he had no handkerchief - but a young man took off his hat and there it was.

JOSEPH COLE . I am an officer. The prisoners were given to me; I had seen Woodward and Keys together.

Woodward's Defence. I picked up the two handkerchiefs and the snuff-box in them.

Keys's Defence. I had not seen him at all.

Kelsey's Defence. I had not seen him at all.

WOODWARD- GUILTY . Aged 15.

KEYS- GUILTY . Aged 15.

KELSEY - GUILTY . Aged 16.

Transported for Fourteen Years .

1724. GEORGE MORRIS was indicted for stealing, on the 24th of August , 1 handkerchief, value 2s., the goods of a certain man unknown, from his person .

HENRY WILLIAMS . I am a patrol of St. James's. On the night of the 24th of August I was in the Quadrant, in Regent-street ; I saw the prisoner go behind a gentleman -I followed, and as the gentleman crossed the road, the prisoner picked his right-hand coat pocket of this handkerchief; he ran off as he saw me going to lay hold of him, and threw down the handkerchief - I took it up and followed him, calling Stop thief! the watchman sprung his rattle, and he was taken.

Cross-examined by MR. LEE. Q. What time was this? A. About ten o'clock at night - it was dark, but this was between two lamps; he ran down by the County Fire-office and into another street; here is a mark on the handkerchief; as soon as we had taken him I endeavoured to find who the gentleman was, but he was gone, and I could not find him; I was on the opposite side of the way, and did not lose sight of him as he turned the corner; I swear I saw him throw the handkerchief from his hand at the corner of the Quadrant, where it was quite light; I was hardly five yards from him - I swear I saw him take it.

GEORGE ELLIS . I am a watchman. I heard Williams cry Stop thief! I sprung my rattle, and pursued the prisoner up the street; Williams had picked up the handkerchief - I saw him in a stooping position when the prisoner ran from him; I pursued to Queen-street, he made a halt at the door of the Catherine Wheel, and I took him.

Cross-examined. Q. What distance was the officer from the prisoner? A. I should think not ten yards - there were no sharp turnings, they were in a slanting direction; I did not see the handkerchief thrown away.

GUILTY . Aged 18.

Transported for Fourteen Years .

1725. CAROLINE KNIGHT was indicted for stealing, on the 17th of July , 1 purse, value 2d.; 2 sovereigns, 2 crowns, 7 half-crowns, 14 shillings, and 6 sixpences, the property of John Morgan , from his person .

JOHN MORGAN . On the 17th of July, about ten o'clock at night, I met the prisoner in Mile-end-road - we went to a public-house and had something to drink; I was going towards home - she still walked with me down Mutton-lane and down another lane; I had a purse containing 4l. 4s. 6d. - I took sixpence out to pay for the drink, and then returned the purse into my right-hand breeches pocket; we then went on to Assembly-passage or place , and within twenty yards of the top she made a sudden stop, and drew the purse from my pocket; I did stop, but nothing was done to my dress by myself or her; when I missed my purse I taxed her with it; she said she had not got it - I said I would walk up the place to see if I had dropped it; a watchman was crying half-past eleven or twelve; we then searched again for it, and in going down she turned to the right, and I caught her in the act of throwing it away - I saw that she took it from her bosom.

HENRY HOSEMAN . I was on duty and was called - I saw the prisoner throw this purse away, and the prosecutor caught her; he said before, that he had lost a purse of money - the prisoner said she wished she was dead, and had never been alive.

Prisoner. Q. Did you see me throw it away? A. Yes.

The prisoner delivered in a written Defence, representing that the prosecutor had given her the purse and money, but as she afterwards refused to comply with a very unnatural proposal, he charged her with a robbery, and ill-treated her.

(Property produced and sworn to.)

GUILTY . Aged 19.

Transported for Fourteen Years .

1726. ELLEN KELLY was indicted for stealing, on the 21st of August , I half-crown, and 4 shillings, the monies of John May , from his person .

JOHN MAY . On the 21st of August I was returning from Bagnigge-wells tea-gardens and met with the prisoner, who forced her company upon me, and would walk with me - I repulsed her: and while I was pushing her from me, she took the money stated from my pocket and went off; the money was loose in my pocket.

Prisoner. You said you would go with me, and made use of very bad language, which made me go away.

JOHN SPARDON . I was near the witness, and saw him coming after the prisoner - she was walking; he took hold of her, called Watch! and gave her in charge; while going to the watch-house she dropped half a crown, and I took it up.

MATTHEW DALE . I am a watchman. I took the prisoner; I heard something fall - this half-crown was found, but the shillings were lost.

SAMUEL MOUNT STEPHENS . I am a constable. I received her and the half-crown.

Prisoner's Defence. He said I robbed him of 4s. and a half-crown piece, and I said I would go as far as the Union in the road; I met the watchman, and gave myself up to him - he left me six yards off, and then turned and charged me with the robbery.

GUILTY . Aged 28.

Transported for Fourteen Years .

1727. WILLIAM EARL was indicted for stealing, on the 6th of September , 1 handkerchief, value 3s., the goods of James Lucas , from his person .

JAMES LUCAS . On the 6th of September, about a quarter-past seven o'clock, I felt a slight touch at my pocket, and missed my handkerchief - I saw the prisoner running; I followed, and cried Stop thief! I lost sight of him, but he was stopped at the corner of Earl's-court and had my handkerchief in his possession - I suppose not half a minute had elapsed.

HAMMOND WEBB . I have the handkerchief, which I received from the prosecutor - I saw the prisoner run up Byder's-court and then on to Earl's-court, where a man knocked him down and I took him.

Prisoner. He brought me nearly up to Newport-street before the gentleman or the officer came up. Witness. No, it was not so - the handkerchief was in his hand, and he was on the ground.

(Property produced and sworn to.)

Prisoner's Defence. I was running up Earl's-court, a person came up and said, I heard a cry of Stop thief! I shall stop you;" he took me into Newport-street- he had the handkerchief in his hand, and said he had picked it up; he would not go to the watch-house - he said he had stopped me, and that was all he had to do.

JAMES LUCAS . The person did come to the watch-house, and I asked the watch-house-keeper if it was necessary for him to sign the book - he said No, two were sufficient- I am positive the prisoner ran away, and no one else was near me.

GUILTY . Aged 20.

Transported for Fourteen Years .

1728. JOHN COOK was indicted for stealing, on the 19th of July , 1 handkerchief, value 3s., the goods of a man unknown, from his person .

GEORGE SUELTON . I am a street-keeper. I was on duty at the Seven-dials , on the 19th of July, at a quarter-past eleven o'clock in the morning, and saw the prisoner take this handkerchief from a gentleman's pocket - there was another person just behind him, and as I was following the prisoner the other turned back; I said to him,"Old man, it will not do;" the prisoner then turned back, and I pursued him up Little Andrew-street - as soon as I caught him he took this handkerchief from his hind pocket, and dropped it down; I did lose sight of him, but not for more than half a moment - I had seen him before, and swear he is the man; the gentleman came and said it was his handkerchief - I wanted him to go to the office; he took out his watch, and said he was rather behind time, and would meet me in the evening, but he did not come.

HENRY HEATHFIELD . I was with the witness, and saw the handkerchief taken - he threw it down; the gentleman owned it in the prisoner's presence - the prisoner said he did not take it.

Prisoner's Defence. I never had it - I was in deep distress, walking along; there was a cry of Stop thief! and I ran - there was a mob round, and this handkerchief laid on the ground.

GUILTY . Aged 18.

Transported for Fourteen Years .

1729. ANN WARREN was indicted for stealing, on the 5th of September , 7 yards of linen, value 14s., the goods of William Sims , her master .

MARY SIMS . I am the wife of William Sims ; he is a tailor - the prisoner was in my service. On the 5th of September, at ten o'clock in the morning, I went to the dresser-drawer, and found some linen made up, which I knew to be mine; it corresponded in every respect with some which I had had a considerable time, and seven yards of it I had missed three days before - I found about half of it; I sent for the prisoner, and accused her with it - she denied it several times, and said she had bought it a few nights before; she then said it had been in pawn some time at Queen-elms, at a person's whom she named- I sent for the officer; she then begged to speak to me in an adjoining parlour - I told her I would forgive her if she would confess; I then said it rested with her master - he said he would not forgive her, as the officer was come.

DANIEL HONE . I am an officer. I heard the prisoner say she had stolen the linen.

Prisoner's Defence. I did not cut the linen at all.

GUILTY . Aged 17.

Confined Four Months .

1730. JANE SLIM was indicted for stealing, on the 20th of July , 1 piece of lace, value 4s.; 3 pairs of stockings, value 6s.; 1 sleeve. value 1d.; 1 handkerchief, value 1d.; 3 pieces of cotton, value 1d., and 2 ozs. weight of tea, value 6d., the goods of Peter Sandys , her master .

PETER SANDYS . I am a clerk to Mr. Frederick Robinson - I live in Barossa-terrace, Cambridge-heath . The prisoner was in my service - these articles were taken from her box by the officer; I can swear to these stockings.

Cross-examined by MR. PHILLIPS. Q. Was there any charge made against the prisoner about the silk stockings before she left the house? A. Yes; the whole of her wages were not paid - she was taken up some days after she left my service; I had given the officer directions to take her, but he put it into another officer's hands - I gave instructions to the officer that night, but she was sent home on account of her illness; we had another servant coming that night, and did not think it right to keep her in the house - I sent my servant home with her, because she intended not to go home, but take lodgings in the neighbourhood: she acknowledged that she took things out of my house - it was the neglect of the first officer that she was not taken up sooner; the officer, who searched her box and found the things, is not here.

COURT. Q. You say you had not paid her wages? A. No; her arrangement was that she should have what she wanted at a neighbour's shop - she got into debt 1l. 5s. and I had undertaken that should he paid, the rest was paid to the prisoner - I stated that I should prosecute before any application was made for her wages; I knew what was due, but she could not give me change.

ISABELLA SANDYS . I am the prosecutor's wife. The prisoner was four months in my service - she was charged with taking the property, and gave up the key of her box - these stockings, tea, and several other things were found; my husband told her she would be prosecuted - she begged for mercy; I interceded for her, and I was the cause of her being sent home; it was on Monday morning the things were discovered - my husband came home between eight and nine o'clock at night, and then the officer was sent for.

Cross-examined by MR. PHILLIPS, Q. Is that officer here? A. No; I valued the things at about 10s. or 11s.

FRANCES CLARK . I was at the prosecutor's when the articles were found - this white handkerchief is mine; the prisoner begged forgiveness - I slept with her; no other servant slept in the same room.

CHARLES LEWIS PHILPOT . I am an officer. I went to her mother's - the prisoner came out; I said, "Jane, you have got into a mess;" she said she took a little tea, but nothing else - I brought her to the office.

Cross-examined. Q. Who sent you? A. Kennedy, the other officer - he went twice and could not find her; I found her at her sister's, who is in place - her mother went with me, and called her out.

NOT GUILTY .

1731. SUSANNAH SMITH was indicted for stealing, on the 29th of August , 1 shawl, value 1s.; 6d.; 1 pair of trousers, value 2s.; 1 gown, value 1s.; 1 pelisse, value 1s.; 1 frock, value 6d.; 1 shift, value 6d.; 2 handkerchiefs, value 1s., and 1 flat-iron, value 6d., the goods of William Smith , her master .

WILLIAM SMITH . I am a shoemaker , and live in Baldwin's-place . On the 29th of August I made an application to the parish for my wife, who was sick, and they sent me the prisoner as a nurse - I know these articles to be mine.

JOSEPH SMITH . I am the prosecutor's son. I saw the prisoner on the Tuesday after the Saturday she left us - I asked her what she had done with my trousers, which I had missed on the Sunday; she said she did not like to see my father - I asked her for the duplicate; she gave me ten duplicates, all of Mr. Nicholls'; I gave them to my uncle, who was coming by.

SAMUEL HEMPSTEAD . I am servant to Mr. Nicholls, a pawnbroker. The prisoner pawned seven of these articles at different dates; 1 lent 5s. 11d. on them.

ANDREW LLOYD . I am a constable, and took the prisoner; she said she had pawned the things to buy the children bread.

Prisoner's Defence. He never gave me any money, and I took the things to provide the family with necessaries - from the 20th of July to the 23d of August, I had not common necessaries; I was to have 1s. 6d. per week, and I never received but two eighteen pences.

WILLIAM SMITH re-examined. She had eighteen pence a week of me; I was at home to every meal - the place was never without food; there were different articles which I took from her lodging; she was with me seven or eight weeks.

GUILTY . Aged 57.

Confined Three Months .

1732. FRANCIS DUFF was indicted for stealing, on the 11th of August , 1 coat, value 4l., and 1 pair of trousers, value 30s. , the goods of Richard Eddes , his master.

BRICE TAMIESON . I am foreman to Mr. Richard Eddes , a tailor , of Christ Church-passage ; the prisoner was his journeyman . On the 8th of August, about eight o'clock at night, I gave him a black coat and a pair of trousers to deliver to Mr. Rose, No. 4, Acton-street, Gray's Inn-road; he returned for his wages in about an hour, and said he had delivered them safe.

JAMES HOPPER . I am a pawnbroker, and live in Waller-street. This coat was pawned with me by the prisoner, on Tuesday, the 11th of August.

GEORGE WEBB . I am a pawnbroker. These trousers were pawned with me by the prisoner, on the 10th of August.

ROBERT PAYNE . I took up the prisoner on the 11th of August; he told me the duplicates were under the seat of the privy.

Prisoner's Defence. The prosecutor, before I was taken, and likewise afterwards, sent my brother to say if I would confess what was done with the things, he would not prosecute me.

WILLIAM DUFF . I am the prisoner's brother. On the Tuesday morning the prosecutor came and informed me these things were missing; I went to look after the prisoner by his direction - he said all he wanted was to recover the goods; he thought he had been misled by keeping bad company, and if I would go and get him to give and account of them he would be satisfied; I went - he said he would go and explain to his master; instead of that the foreman came and took part in the affair, and gave him into custody; when he was taken to the Police-office, his master said if he would give up the goods, he would carry the case no further, and upon that assurance, I induced him to give evidence against himself.

GUILTY . Aged 18.

Confined Six Weeks .

1733. ELIZABETH JOHNSON was indicted for stealing, on the 29th of August , 52 pairs of shoes, value 4l.; 1 shawl, value 1s. 6d.; 1 table-cloth, value 2s.; 1 shirt, value 2s.; 2 rows of beads, value 6d.; 1 yard measure, value 2d.; 1 key, value 3d., and 6 books, value 6s., the goods of Thomas Wasp , the elder, and Thomas Wasp , the younger, her masters ; and SARAH O'LEARY was indicted for feloniously receiving the said goods, she well knowing the same to have been stolen .

THOMAS WASP . I am a bootmaker , and live in Holborn . I am in partnership with my father, Thomas Wasp - the prisoner Johnson was in our service. On the 29th of August, in consequence of suspicion, I went to eight or nine pawnbrokers, and found some shoes, six books, and a variety of other things - these shoes I can swear to, as they had been trimmed by the prisoner the night before we missed them; the books had been in a book-case in my bed-room - she had been in our service about two years, and we had no reason to suspect her; she had to go from our house to Islington every day, and property was found at every pawnbroker's between our house and there.

SAMUEL HAMPSTEAD . I am a shopman to Mr. Nicholl's. I have some shoes, books, and other things; the greater part were pawned by Mary Ann O'Leary .

GEORGE UNDERWOOD . I am a shopman to Mr. Nicholl's. I have some shoes pawned by Mary Ann O'Leary , at different times.

RICHARD ROPE . I am shopman to a pawnbroker in Liquorpond-street. I have some shoes pawned with me by Mary Ann O'Leary - I do not recollect the prisoner pawning any thing.

JOSEPH GODDARD . I am a shopman to Mr. Robert Beecham . I have two pairs of shoes pawned by Mary Ann O'Leary .

WILLIAM SMITH . I am a pawnbroker. I have a shawl, pawned on the 25th of August, a table-cloth, and a pair of shoes, pawned by Johnson - and a shirt pawned, I believe, by one of the O'Leary's, but I cannot say which.

ROBERT BERRY . I have a pair of shoes pawned, I believe by O'Leary, on the 29th of August - she was in the shop at the time.

JOHN HUTHILL . I am shopman to Mr. Loveday, a pawnbroker. I have two pairs of shoes pawned, I believe, by O'Leary, in the name of Brown.

MATTHEW GLOVER . I am a patrol. I produce a pair of shoes and some other articles, some lead and a key, the duplicate of a shawl pawned at Mr. Smith's, and a great number of shoes, which were given up before the Magistrate; Mary Ann O'Leary said she pawned some.

JOHN HENRY BILLINGS . I am an officer. I produce a necklace which I found in a small box belonging to Johnson, who was not present - Mrs. Wasp swore to the necklace, at the office; as I was taking Johnson to the office, she said if I would not take her before a Magistrate she would confess - but she owned she pawned two pairs.

MARY ANN O'LEARY . I took some of these things to pawn, but not near so many as are brought against me -I took some of the shoes; I cannot say which - I have known Johnson about four months; I live opposite her mother - she has given me ladies shoes to pawn; I pawned some of them at the corner of Hare-street-hill, and some at Mr. Nicholl's - I gave the money to Johnson; I often pawned for her.

(Property produced and sworn to.)

O'Leary's Defence. I appeal to the Court if it is likely I should pawn property so near my own house, when detection was sure to follow.

JOHNSON - GUILTY . Aged 20.

Transported for Fourteen Years .

O'LEARY - NOT GUILTY .

1734. JOHN HANCOCK was indicted for embezzlement; and that he, at the Delivery of the King's Gaol of Newgate, holden on the 4th of December, in the 9th Year of his Majesty's Reign, was convicted of felony .

WILLIAM HARDING . I am a baker , and live at Bethnal-green . The prisoner was in my employ, and used to receive money for me, every morning he went out with his bread; he was to account for the money he received when he returned - he never accounted to me for 2s. 7 1/2d. received on the 27th of July, nor for 9 1/2d. received on the 28th - I found from the customers that they had paid him; and he afterwards acknowledged it.

CHRISTOPHER WREN . On the 27th of July I paid the prisoner 2s. 7 1/2d. for his master - he did not give me any receipt.

SARAH DERBY . I am servant to Mr. Bushell. I paid the prisoner, on the 28th of July, 9 1/2d. for his master - I gave him a shilling, and he gave me 2 1/2d. out.

THOMAS BRIDGES. I am a constable. I took the prisoner on the 29th of July, at his master's shop - he said he had lost the money.

WILLIAM HARDING re-examined. The prisoner came home on the 27th - I booked his bread; I asked if any of his bills had been paid - he said No; I did the same on the 28th, and he gave me the same answer.

JOHN WILLIAM WINTLE . I produce the certificate of the conviction of the prisoner, last December Session, for stealing a basket of bread - I know he is the person.

GUILTY . Aged 20.

Transported for Life .

1735. JAMES COSTER was indicted for embezzlement .

JAMES GILES . The prisoner was in my employ as a stove grate maker , in Cow cross-street - he had only been with me three days before the 14th of August; I told him that day to take a stove, fender, and fire-irous, to the Dolphin, Dolphin-court, Ludgate-hill - he never returned, but was taken the next day.

JANE SARAH OXFORD . I keep the Dolphin. I purchased this stove, fender, and fire-irons - I paid the prisoner 12s. for them; he brought no bill, and I had no receipt.

RICHARD MILLAR . I took the prisoner on the Saturday. I found 3s. and two or three halfpence on him - he said he had spent the remainder.

GUILTY . Aged 17.

Confined Three Months .

1736. HENRY HUGHES was indicted for embezzlement .

ANN BREEDON . I am the wife of Thomas Breedon - he is a carman . The prisoner was in his employ on the 15th of July - he received money to pay charges for Kennel coal, at the Docks; I gave him 2l. 5s. 6d. first, and then he sent home for 3l. more, which I sent him - he did not return; he was found by the officer about a month afterwards - he had been about seven or eight months in our employ.

JOSEPH HUGHES . The prisoner sent me from the London Docks to get 3l. more - I got it, and took it to him; he said he wanted 5l. 1s. 8 1/2d. to pay the charges, and he had not enough.

ROBERT LOCK . I took up the prisoner in Chequer-alley, on the 20th of August. I told him I wanted him for Mr. Breedon's account - he said he was very sorry, he could not help it, some he had spent, and some he lost.

ANN BREEDON re-examined. He paid part of this money at the Docks, the balance he kept - he sent me a note of what he had paid.

The prisoner delivered in a written defence, stating that he had lost the money, and was afraid to return to his mistress.

GUILTY . Aged 20.

Transported for Fourteen Years .

1737. THOMAS NIBBS was indicted for embezzlement .

MR. BODKIN conducted the prosecution.

WILLIAM SHIRLEY . I am a publican and horse dealer , and live at Staines. I had a stallion, called "The Farmer's Glory;" the prisoner was in my employ for two seasons, to take the horse round to the different farmers, and to different markets - I engaged to give him 5l. for the season, 1s. for every mare that was covered, and he received 3l. 10s. every Monday morning to pay his expences, when he came back at the end of the week he was to give an account of what he had spent; if he had any left he was to return it - if he had spent more it was paid him; when he returned on the Sunday I used to ask him what he received - he said, "None at all," which was the case every Sunday this season; he never paid me any; any money that he received, it was his duty to bring to me; I think he returned me that answer for fourteen or fifteen weeks - the last time I paid him was on the 6th of July, when he left me with the 3l. 10s., and never returned; I received my horse back, I think, on the 17th, with a note in his hand-writing- I waited till the following Sunday, and then sent a person into the country; on the Friday I went to Banbury, where I found the prisoner in custody, and brought him to London; the constable had taken a letter from him, and a book, before I saw him; he afterwards gave me a statement of some sums, which he had never paid me, but I have only a copy of it here.

Cross-examined by MR. PHILLIPS. Q. Were the stallions yours or not? A. Yes, I purchased them; I had three of them; the first I bought was a year ago - this is a bill which I had printed; the prisoner was to lead "The Wanderer" and "The Farmer's Glory;" I was a bankrupt since I bought them - I have got my certificate; my effects were sold in May last - it was in March I sent the prisoner out with the stallion; the stallion was bought in by my friends for me; it was sold by auction, and the assignees got the proceeds of it; my friends have no partnership in these stallions - I had settled with the prisoner at the termination of last season; there was no running account - we settled every week: sometimes there were expences of shoeing and physic for which he paid a shilling or two, which I paid him - he did pay Mr. Coleman 1l. 5s., but he always had money in advance - what he paid out of his pocket he was repaid the next week; he behaved very well the first season, or I should not have employed him again. I have read over this book to my sorrow, which the prisoner kept; the names are down here; these sums are entered as not having been paid; they are entered that the parties might be called upon who had not paid - if he received any money he ought to have paid me, but if he had not I was to call on them; if he had not put down those names I should have beard of it, as those gentlemen were often sending their mares.

MR. BODKIN. Q. What do you understand by this entry of the name of Murrell? A. That he had not paid - there was no account between the prisoner and me but the 5l. which I was to pay him at the end of the season, and he had 3l. of that.

JOHN MURRELL . I live at Walton on Thames. I paid the prisoner 2l. 10s. on the 29th of June, for Mr. Shirley - it was for covering two mares, one on the 17th of April, and one on the 3rd of May.

- STRUBLE. I live at East Moulden . I paid the prisoner 1l. 17s. on the 29th of June, for his master.

WILLIAM SHIRLEY re-examined. The names of Mr. Murrell and Mr. Struble appear in this book - the money has never been paid to me.

Cross-examined. Q. Did you not see that book, with Mr. Murrell's name in it, after the 17th of April? A. Yes: I saw it every week, but he did not tell me he had received the money; it is usual to call several times for the money- he was to pay me if he received it.

Prisoner's Defence. When I sent my horses home my box was in London, and my book was in it; when I went to London my book was gone to Banbury, and I had to go there for it; master sent a man after me, and I could not return as soon as I should, as my mistress was out, and I could not get the key of my box.

GUILTY . Aged 30.

Transported for Fourteen Years .

1738. WILLIAM GOODWIN was indicted for feloniously receiving, on the 7th of July , of a certain evil-disposed person, 10 pieces of silk, containg 1000 yards, value 80l., the goods of William Comber , which had lately before been stolen by the said evil-disposed person, he, the said William Goodwin , well knowing the same to have been stolen .

The same evidence was given in this case as last Session, when the prisoner was indicted as a principal. (See Sixth Session, page 705.)

NOT GUILTY

1739. REBECCA CHITTY was indicted for feloniously receiving, on the 23rd of July , of a certain evil-disposed person, 2 pairs of seales, value 3ls. and 9 weights, value 4s., the goods of William Gayton , which had then been lately before stolen, well knowing the same to have been stolen .

WILLIAM GAYTON. I am a surgeon . I lost a pair of seales from my shop in Church-street, Bethnal-green, on the 23rd of July, at twelve o'clock; I saw them at the prisoner's house; these are them; I value them at a guinea and a half - they cost me near 3l.

THOMAS WATERS . I went with a search-warrant to the prisoner's house; I asked if she was the mistress of the house; she said Yes - I asked if she had any doctor's scales; she paused, and said, "Yes, up stairs;" I went up, and found them under the bed, covered with some dirty linen; she said she hoped we would be merciful to her, she was a poor widow woman - I asked for her book; she said she could not write herself; she gave me a book, which had not got them in; I took her to the office, and afterwards a little girl, whom she called her daughter, came and brought a book, which had got the scales down at 2s., which she before said she gave for them - she did not say from whom she purchased them, nor did she say that she had not them for sale, as they were intended for a friend; I did not hear her say so at the office.

Cross-examined by MR. MILLER. Q. Was not a boy examined at the office? A. Yes, but he was put in the workhouse to be kept, and ran away; he was here on Saturday, but I could not find him to-day; he said he saw two boys go in with them, and they gave him 2d. to say nothing - it was through him the search-warrant was granted; his name is Driscoll.

(Property produced and sworn to.)

Prisoner's Defence. The officer came to my house, and asked if I had a pair of scales; I said, "What sort of scales?" he said, "Doctor's scales;" my reason for asking was, I had bought several pairs for the shop - I said, "I hope I have not done wrong in buying them;" I did not know where my little girl had put them, as she had put them away up stairs, as she had been cleaning - I stood for some minutes; my little girl came up, went to the box, and took them out; the officer did not take them; the lad I bought them of was by himself; he had a very decent appearance: I questioned him, and he said they were his father's, who was ill - I had bought two or three things the week before of him.

NOT GUILTY .

1740. REBECCA CHITTY was again indicted for receiving, on the 23rd of July , of a certain evil-disposed person, 4 milk-pails, value 11s., the goods of Ebenezer Blayney , she knowing the same to have been stolen .

EBENEZER BLAYNEY . I am a milkman . On the 23rd of July I lost four milk-pails from my garden, in Queen-street, Hackney; I had seen them on the garden pails the night before - these are mine; I know nothing of the prisoner.

THOMAS WATERS . I am a Police-officer. On the 25th of July I went to the prisoner's house with a search-warrant; she is a kind of marine-store dealer, in Hackney-road; I found these pails up stairs; she said she bought them - I asked her for her book of the entry; she gave me one book, and I said, "It is not in this;" she said, "I have another, which my brother puts down things in, as I can't write myself:" I took her to the office, and soon after another book was brought, which had them entered; she said she had bought them some time, but she did not say of whom; she did not tell me the price, nor whether she bought them of a man, woman, or child.

Prisoner's Defence. I told the officer I bought them in an honourable way, gave 7s. for them, and exposed them at my door; one of the witnesses came and bought them, and gave me a deposit of a shilling, which induced me to take them in.

JOHN BAILEY . I am a chair-bottomer. I went into the prisoner's house to ask if she had any chairs to mend - I cannot tell the month, but it was on a Tuesday; I saw her give 7s. for these pails - she bought them of a tall man, in a drab coat; she gave him two half-crowns and two shillings - she called me to do some chairs, and offered me ninepence a piece to do them; I said I could not do them under a shilling.

NOT GUILTY .

1741. ESTHER WELLS was indicted for stealing, on the 21st of July , 1 bed, value 10s.; 1 blanket, value 2s.; 1 half blanket, value 1s.; 1 pillow, value 1s., and 2 rugs. value 2s. , the goods of Thomas Brown .

THOMAS BROWN . I lost this property from a backroom, on the ground floor, No. 3, Angel-gardens, Shadwell ; the prisoner did not lodge in my house; I got up that day a little before twelve o'clock, as I am a patrol I left a little girl asleep, and went out for an errand; as I was coming back a woman came running round the corner to me, and said, "That woman has come out of your house with a bed, there she goes;" I went, and took her with these articles.

ELIZABETH TAYLOR . I am a neighbour of the prosecutor's. I saw the prisoner come out of the house with the bed on her shoulder.

(Property produced and sworn to.)

Prisoner's Defence. I got into conversation with a person, who said her name was Brown, but I had no knowledge of her; I said I was very destitute - she said if I would go to this person's house, and get the things out, she would give me a shilling, and she would wait for me in King David-lane.

The prisoner received a good character.

GUILTY . Aged 37.

Confined Fourteen Days .

1742. WILLIAM SULLIVAN was indicted for steal ing, on the 28th of July , 117lbs. of lead, value 16s. , the goods of William Hollinshed .

WILLIAM HOLLINSHED . I am a cabinet-maker , in King-street, Seven-dials . On the 28th of July we had been pulling down part of our premises; this lead was packed up, and laid in a stable - I had seen it safe the day before, and remarked that somebody had been moving it; this piece of lead fits the place it came from exactly.

GEORGE MOGFORD . I am servant to Mr. Hollinshed. There was lead in the stable - I met the prisoner that morning with a bundle, and watched him into an old ironshop; I went and told the prosecutor; we went to the house, and asked what he had brought; the man said it was lead - I did not know what it was; I thought it was a bundle of tiles - it was wrapped up in a bundle; when I saw him first he was not above ten yards from the stable; he was in the back yard, with the bundle on his shoulder; it was about a quarter before nine o'clock in the morning - I found the bag that the lead had been in at the old ironshop, but the lead was out, and the bag laid upon it - it was about a quarter of an hour after I saw the prisoner that I saw the lead again at the shop; he is a bricklayer's labourer, and had been at work there some time.

DANIEL DURALL . I live at the iron-shop. The prisoner came and asked if we bought lead; I said we did not; I said, "Very likely you have not got it in an honest manner;" he said, "Will you let it be here a few minutes;" I made him no answer; but he pushed me aside, put it down, and in a few minutes after the prosecutor came in - he had the same lead.

Prisoner's Defence. I saw some rubbish and some shavings; I kicked the shavings aside, and took up this lead; I took it to the shop, and was coming back to tell the boy if any body came who owned the lead, I would give it up.

GUILTY . Aged 27.

Transported for Seven Years .

1748. GEORGE WINGROVE was indicted for stealing, on the 5th of June , 2 hearth-rugs, value 60s. , the goods of Samuel Hollingsworth .

MR. PRENDERGAST conducted the prosecution.

THOMAS BEESTON . I have an hearth-rug pawned at Mr. Jones, Broad-street, Bloomsbury, on the 1st of June, I have every reason to believe by the prisoner - he answers the description of the person.

JOSEPH LYALL . I am shopman to Mr. Aldridge, pawnbroker. I have an hearth-rug pawned for 9s., on the 1st of June, to the best of my recollection, by the prisoner.

GEORGE HEDWORTH . I am a constable. I took the prisoner at Petersham, near Kingston, on the 2nd of September.

ANN HEATH . The prisoner and his wife lodged near me in Paine-street, White Conduit-fields; I do not recollect when I saw him last, but his wife came to me one day, the officer came the same day, and I saw the prisoner come from his own house, and go to the bottom of the street; it was some time in August, the day we appeared at Hatton-garden.

SAMUEL HOLLINGSWORTH . The prisoner lived as a porter with me, at No. 6, Bedford-street, Bedford-row - he left me about the end of April; his wife was taken on the 30th of July - these two rugs are mine, and were part of my stock; I never sold any thing to him.

Prisoner. Q. Were there not other persons in your employ about my height, who used to frequent your shop when you were out? A. I never heard of any person coming to my shop in my absence, except you and your wife.

Prisoner's Defence. I am entirely innocent of taking the rugs, nor did I ever pawn them. (See the case of Thomas Hollingsworth , page 826.)

GUILTY . Aged 32.

Transported for Seven Years .

1744. RICHARD HARMER was indicted for stealing, on the 9th of September , 1 chair and stand, value 12s , the goods of William Redfarn .

WILLIAM REDFARN . I am a chair-maker , and live in Bethnal-green . On the 9th of September I missed a child's chair, which was tied to a stove outside my door - it was safe about eight o'clock in the morning; I went in search of it, and found it in Wilson-street, Moorfields, at a broker's shop.

GEORGE MATTHEW MILLER . I keep a broker's shop in Wilson-street. On the 9th of September, about ten o'clock in the morning, I bought this chair of the priprisoner, for 10s.

JOSEPH WALTON . I am an officer. I was sent for, and took the prisoner.

(Property produced and sworn to.)

Prisoner's Defence. I was coming down Shoreditch on that morning - a young man came and told me to go and ask 11s. for it, and they would not give it - then he told me to go on further, and I went to this house - he gave me 10s. for it - we changed half a sovereign and had half a pint of beer; I told them to go there, but I do not know whether they went or not.

GEORGE MATTHEW MILLER . I offered him 10s. - he went home with me, I gave him half a sovereign - he said he understood it was half a guinea - he went away, and came again and said it was a great sacrifice, but he would let me have it.

GUILTY . Aged 20.

Judgment Respited .

1745. ELEANOR FITZGERALD was indicted for stealing, on the 10th of September , 1 half sieve, value 6d., and one peck of pears, value 1s. 6d. , the goods of Samuel Ellis .

SAMUEL ELLIS . I am a salesman in Covent-garden . On the 10th of September I lost a half sieve and about a peck of pears in it - I knew the prisoner, and found the pears on her; she had just got out of the market, within twenty rods of my stand.

WILLIAM COOPER . I saw a woman take the sieve of pears from the stand, but I cannot say it was the prisoner - we found the prisoner in about ten minutes; she is like the woman.

Prisoner's Defence. I can safely take my oath I bought them - I gave 2s. for the pears, and 6d. for the half sieve; I did not run away with them, nor hide them- I said, "I will take you to the man;" when I got there the countryman was gone.

WILLIAM COOPER . I told Sir Richard Birnie I did not think that was the woman, but she was very much like her - she took us to the place where she said she purchased them.

NOT GUILTY .

1746. ELIZABETH DUGGAN was indicted for stealing, on the 14th of September , 1 ring, value 14s. , the goods of Edward Storr .

The witnesses did not appear. NOT GUILTY .

1747. HENRY COOKE was indicted for stealing, on the 1st of September , 1 sheet, value 3s. , the goods of Arthur Graham .

ARTHUR GRAHAM . I lost a sheet on the 1st of September from off the bed which the prisoner slept on at my house, the Northumberland's Head; I found it the same morning at Mr. Sowerby's - the prisoner stated he was in great distress, and I believe he was so.

WILLIAM EDWARDS . I am a pawnbroker. I produce a sheet, pawned by the prisoner on the 1st of September, about eight o'clock in the morning.

THOMAS HART . I took up the prisoner, and found this duplicate on him.

(Property produced and sworn to.)

GUILTY . Aged 22. (See page 763.)

1748. JOHN BENNETT was indicted for stealing, on the 28th of August , 1 axe, value 3s. , the goods of William Hamling .

ROBERT FANCOURT . I took up the prisoner about eight o'clock in the morning of the 28th of August, with this axe.

RICHARD BLATCHFORD . The prisoner had been working with me and William Hamling . On the evening of the 26th of August I saw Hamling using this axe - on the morning of the 27th it was missed; suspicion fell on the prisoner - I took him the day following with the axe under his arm; I told him what I charged him with, and he said it was an old axe he had picked up in a stable - he took it out of a bag and said, "Is this it?" I said Yes.

GUILTY . Aged 32.

Confined Two Months .

1749. HANNAH ALLEN was indicted for stealing, on the 27th of July , 1 handkerchief, value 1s.; 1 gold pin, value 7s.; two rows of beads, value 2s.; 1 silver stopper, value 2s.; 1 pair of ear-rings. value 2s.; 2 pockets, value 2s., and 20 half-crowns, the property of Marry Allen, widow ; and 1 bonnet, value 25s., the goods of Matilda Jones .

MARY ALLEN . The prisoner is my daughter - I live in the Edgware-road ; she has not been in my house, to my knowledge, for sixteen or seventeen months - I do not know who took these things, but I missed them on Monday, the 27th of July.

MATILDA JONES . I am the prosecutrix's niece, and live with her - I found the bureau was ransacked, the things turned out, and the articles stated missing.

SARAH PRATT . I am the wife of Thomas Pratt - we live in Windmill-street, Tottenham-court-road; the prisoner lodged with me, and was taken on Monday, the 10th of August - her box was found in my house, which had been brought there with her.

HANNAH MUNDAY . I am the wife of Jacob Munday - we live in Burn's-place, Edgware-road; I can see from my bed-room into Mrs. Allen's house. I saw the prisoner on Mrs. Allen's fence on the 27th of July - the fence broke, and she went over into another garden - she then stood upon the fence some time - I called to her, but she did not answer me; she then went into Mr. Burke's wash-house, got on the files, and into the loft of Mrs. Allen's house - I waited about an hour and a half; she did not come out - I then went to bed; I told Mrs. Allen of it on the Friday evening.

MARY ALLEN . On the Sunday night, the 26th, I tried a little room by the side of my bed-room, and found it locked - I thought my niece had taken the key; in the morning, when she came, I said, "Why did you lock that door?" she said. I did not;" she opened the door, we went in, and missed her bonnet, a cornelian necklace, a pair of ear-rings, two brooches, a silver knife, two shirt-pins, and a great many other things, which I have never seen since - I had seen them safe on the Saturday or Sunday, in the bureau; I know the bureau was fast on the Sunday - whoever took the things must have secreted themselves in the house; the bureau was wrenched all to pieces - the prisoner knew the bureau; and in her father's life time, if we had a little money, it was always put there - I went to Mrs. Pratt's house, and saw the box which my daughter had brought there; I saw a great many things of mine there, and a great number of duplicates - the officer took her; I do not recollect that she said any thing.

Prisoner. I leave it to the mercy of the Court and my mother.

JURY to MRS. ALLEN Q. Did you turn your daughter out of doors? A. No; she has been robbing me these five years successively - I have seen her but once since her father's death, and then she was in a situation.

GUILTY . Aged 18.

Confined Seven Days .

Fourth Middlesex Jury - Before Mr. Sergeant Arabin.

1750. WILLIAM SPONG was indicted for stealing, on the 2nd of July , 1 pair of boots, value 20s.; 1 pair of boot-legs, value 7s.; 1 pair of shoes, value 3s.; 3 sets of two shillings; 1 gown, value 6s.; 4 shirts, value 30s.; 1 shift, value 1s.; 1 table-cloth, value 4s., and 1 handkerchief, value 6d. , the property of James Dawe .

The prisoner pleaded GUILTY . Aged 18.

Transported for Seven Years .

1751. THOMAS TAYLOR was indicted for that he, on the 17th of July , 20 pieces of false and counterfeit milled money and coin, each and every of them made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money and silver coin of this realm, called a shilling, the same not being then cut in pieces, unlawfully and feloniously did put off to one John Lane , at a lower rate and value than the same, did by their denomination import and were counterfeited for, (i. e.) for the sum of 5s. ; against the Statute, &c.

MESSRS. BOLLAND, and SCARLETT conducted the prosecution.

JOHN LANE . I am a watchman of St. Pancras , and have been so for nearly three years - previous to that I was in different places of service, taking care of horses and chaises. About the 8th of July I received directions from Limbrick to assist in detecting a man named Taylor - he told me he wanted me to go to the Barley Mow, in Blue Anchor-alley , and buy some money of him; I went there with Ellis and saw the prisoner; Ellis spoke to him, and said I was the man he might trust in selling the money to; the prisoner asked what I wanted; I said not much - he said he had some half conters, which are had half-sovereigns; I said they would not do for me - he then said he would bring some bulls, meaning crowns; he went out, and was out about a quarter of an hour - I took six of him; I think I did not say how many I would take before he went out - I gave 5s. for them; the prisoner set the price; we then had something to drink and I went away; when I got back to Limbrick I told him what had taken place - I saw the prisoner a day or two afterwards at the Barley Mow, I then bought three crowns and a half for 3s. 6d. - I had several subsequent meetings with him, previous to each of which I had communication with Limbrick; what I did was under his direction. On the 17th day of July, in the evening, I met Hall, Reynolds, and Limbrick, at the Jack of Newbury, the corner of Bun-hill-row - I was searched by them and had nothing about me - they then gave me 5s. to purchase some money and 1s. to spend; I did not know whether it was marked -I went to the Barley Mow alone, and saw the prisoner sitting in one of the boxes with other company; I went and asked if he had got any thing for me; he said Yes; but whispered that there were persons there he did not wish to give it me before - we went out to Graham's-buildings, which is a short distance, and he told me he had a score of bobs, which meant bad shillings; he pulled them out of his pocket in a small silk bag - I gave him 5s. for them; he had a bad crown-piece at the time, he wished me to have that - I said I would have that another day; we went back to the Barley Mow - I tossed for some beer, and lost two pots; Hall, Limbrick, and Reynolds then came in - Limbrick advanced up to me, and said, "Ah! old one, I had you twenty years ago;" that is not true, he never had me in his life - I was taken into custody, and searched by Reynolds, who took the silk bag, containing the bobs, out of my right-hand waistcoat pocket; he put it on the table, and asked where I got it; I said, "From that man," pointing to the prisoner; he said, "Me, Sir?" I said Yes; he was then taken and searched, and the 5s. which I had given him found on him.

Prisoner. He is speaking very falsely to say he had them from me; the man he had them from had been gone about ten minutes.

JOHN LIMBRICK . I am an officer of Hatton-garden. In consequence of information I employed Lane, and gave him 5s. each time he made the purchases - the first time he brought me these five crowns; on the 9th he brought me these three crowns and a half, on the 11th, I instructed him in the same manner, and on the 17th, Hall, Reynolds, and I went to the Jack of Newbury, where I searched Lane, and found he had nothing - I then gave him five marked shillings, and 1s. to get something to drink, and directed him to go to the Barley Mow; after a certain time I went there, and saw him and the prisoner sitting there together; Lane was searched, and we found on him a score of had shillings, which Reynolds has; I asked where he had them from - he said from Taylor; Taylor was searched, and had four marked shillings, a sixpence, some halfpence, (they were four of the shillings which I had given to Lane,) and a bad crown; he was then taken to Hatton-garden.

WILLIAM REYNOLDS . I am an officer of St. James', Clerkenwell. I went with Limbrick and Hall to the Barley Mow, on the 17th of July; I received the prisoner from Limbrick; Hall had searched him; these four shillings, a sixpence, and halfpence, and this bad half-crown, were found upon him.

WILLIAM HALL . I am an officer. I went with Limbrick and Reynolds. This money was found on the prisoner; these four shillings are four which I had seen Limbrick mark, and which had been given to Lane at the Jack of Newbury, about five o'clock in the evening.

MR. JOHN FIELD . I am inspector of counterfeit money- these are all counterfeit crowns, and these shillings are all counterfeit.

JOHN LIMBRICK . These four good shillings are four which I marked and gave to Lane.

Prisoner. He had them of another man, called "the Doctor," whom I have seen in his company several times.

JOHN LANE . No, I had them of him.

Prisoner's Defence. It is false; he, the doctor, and I were there together, and had a good deal of beer - he and the doctor were in conversation for some time, and he had the bad money of him, I am sure; I had lent him 5s. the day before.

GUILTY . Aged 21.

Transported for Seven Years .

1752. WILLIAM JONES was indicted for feloniously receiving, on the 4th of August , from a certain evil-disposed person, a variety of stamped papers and parchments, value 1379l. 13s., the goods of our Lord the King , well knowing the same to have been stolen ; against the Statute.

MESSRS. BOLLAND and BRODRICK conducted the prosecution.

THOMAS ALLEN . I am a warehouse-keeper at the Stamp-office. Mr. Crutwell is a stamp distributor at Bath- I received from him two requisitions for stamps, one dated the 21st of July, and the other the 22nd; the one of the 21st contained a requisition for a great number of stamps, and the one of the 22nd for one single stamp: I examined them previous to their being put up by William Woodyer , and saw the parcels after they were put up - they were numbered 1020 and 1028; the parcel numbered 1020 contained the large number of stamps - an invoice was put into the first parcel, which was very nearly according to the requisition; they were addressed to William Crutwell , Esq., stamp-office, Bath; they were delivered to James Read, Mr. Sherman's porter, to go by the Bath coach; one of them was a square parcel, and the other a long one. I have seen a list which has been produced by Ruthven.

WILLIAM WOODYER . I am a packer at the Stamp-office. I put up the stamps which Mr. Allen has been speaking of, and delivered them to James Read, the porter.

JOHN CLEMENT . I am a clerk at the Stamp-office. I made out an invoice, which I gave to Mr. Allen.

JAMES READ . I am a porter in the employ of Mr. Sherman, a coach-proprietor. I took the two parcels from the Stamp-office to the Saracen's Head, Snow-hill; I do not know what coach they were to go by - I saw the book keeper, but I do not know his name; they were directed to Mr. Crutwell, of Bath - one was larger than the other, but having so many, I cannot say particularly about the size- I think it was the 24th of July; it was on a Friday night.

THOMAS HILLDRUP . I am book-keeper at the Saracen's Head. I received the two parcels from Read on the 24th of July - I entered them to go by the Royal Blue Bath coach: I put them on the appropriate shelf belonging to that coach, and saw no more of them.

JOSEPH MOUNTAIN . I am a book-keeper there. I handed the parcels to go into the coach; I remember two brown paper parcels, directed "Crutwell, Bath," and ticked them off in the book.

JAMES HODSON . I am a porter. I put all the parcels that I received from Mountain into the coach - I have no recollection of them.

JOHN HILL . I am clerk to Mr. Crutwell, of Bath - he is the distributor of stamps there; these requisitions came from our office: we received but one parcel, containing one skin of 130/., six skins of 10/., and six skins of 20l.; the parcel that did come was numbered 1028 - we received no other parcel.

THOMAS CHESTER . I am book-keeper at the Grey Hound inn, Bath; the Royal Blue coach comes to our house - I remember the arrival of it on the 25th; it came about six o'clock in the morning - all the parcels that came by it were sent out to the respective persons to whom they were directed; I called over the parcels by the way-billone parcel was missing; on the way-bill was inserted two parcels for Crutwell - one parcel could not be found; the porter searched the coach a second and a third time, but it could not be found.

WILLIAM BOND . I am porter at the Grey Hound, Bath. There was one parcel missing on this day.

EDWARD KING BALCH . I am a bookseller. My shop is at No. 3, Great Ormond-street - my father is the principal turnkey at Giltspur-street Compter, and has been there eighteen years; I have had my shop in Great Ormond-street about three months, but I sleep at my sister's, No. 40, Great Alie-street. I first saw the prisoner about seven years ago, in the Giltspur-street Compter - I was living there at that time; when he got out I lost sight of him for some time, but saw him again three or four years ago - I saw him again about three months ago; his wife spoke to me about some books, and I saw him on my calling at his house - on Tuesday, the 4th of August, I met him against the dead wall in the King's-road; he asked if I could purchase any stamps - he took off his hat, and produced some stamps on parchment; I took them in my hand, and saw three 30l. stamps, and some that I concluded to be 10l., and some others at 10s. - they laid in my hand like a pack of cards, one over the head of the other; and the way they laid I was prevented from seeing them completely, but the three thirtys were at the top; I said I could not purchase them myself, but I would see some person about them - he said there were about 1400l. or 1500l. worth: that there were two of 140/. each, and the lot would he sold for 300/.; he said he was going to see a party about them, but they would not be gone by the next morning, if I would call at his house - we parted at that time, and I called at his house the next morning; he was not at home - I left word that I would call again at two o'clock; I went at that time and saw him - I had previously looked into the Times, and several other papers, to see if I could see any account of the stamps, as I concluded they were stolen from some law-stationer's; I saw an advertisement in the Times paper - I went to his house at two o'clock, and saw a list of the stamps which he said were to be sold; he then told me they were prigged, by which I understood they were stolen - having seen the list, I found it corresponded with the advertisement; what made me think it was the same, was the two of 140l. - he again told me the price would be 300/.; I left him and went to dinner, and then went to the Stamp-office - I received some directions there what to do, and went to the prisoner's house about nine o'clock in the evening; I left word I should want a copy of the list - he said if I could call in the morning I should have a copy of it; he then said the price would be reduced, and would be from 200l. to 250l., because a portion of the stamps, amounting to 280l., were not to be sold, and he added, that he should expect something for himself; I told him of course he would have something - I told him I had seen the party, and they would not give more than 170/., or there about - I treated him with a pint of porter; we then parted for the evening, and I agreed to see him again the next morning - I called again between ten and eleven o'clock the next morning; he showed me the list which he had shown me previously, but the stamps at the top were struck out; I made a copy of the list, omitting those which were struck out, by his direction, as he said they would not be included in the purchase - this is the list I made out; I believe it nearly tallies with the list he showed me, with the exception of those struck out at top- I of course cannot swear that it does correspond; he told me that the carriage-plate and pawnbroker's licenses were of no use without they were signed by a magistrate, and that made a reduction of 433/. 5s. - after I had taken the copy we parted; I never, on any occasion, asked to see the stamps - they were shown voluntarily; after I had taken the copy; I went again to his house, after that, because an alteration was made in the list - a nought was struck out in 140, and I went for the purpose of adding that; but in the mean time I had seen Ellis and Ruthven, who were then in the neighbourhood, and they had made some arrangements - I saw the prisoner when I went the last time; I said I wished to see the list again, to rectify an error - he allowed me to see it, and I made the alteration; he then placed it on a table, under the window, under some books or a tea-caddy - I then gave the officers information, but did not go to the house again; I brought the list away that I made, and gave it up to the solicitor of the stamps - I had made some figures on the list that I took this copy from.

Cross-examined by MR. ADOLPHUS. Q. In his, or whose hand-writing was that list? A. I do not know; my father was a turnkey of Giltspur-street Compter, seventeen or eighteen years - I lived there seven or eight years; I cannot say how old I was when I left - I might be about eighteen: I am now twenty-five - I made no particular acquaintance with the prisoner while he was there; they do take in thieves and persons of that description, but my father's apartments are quite separate - I saw the prisoner after he left, but had no particular acquaintance with him till this transaction with the books; it was after he showed them me that I looked into the times - I am quite sure I did not show them to him, and ask if he could get rid of them; I concluded, of course, that they were stolen, and of course I knew there was some danger in possessing them - I have been a bookseller, perhaps, about three months, but I was brought up to the profession of the law; I was with Mr. Forrett, the barrister, as his clerk - that was in 1821, 1822, 1823, and part of 1824; I was not clerk to him as a barrister - I have been with his brother since, Mr. Robert Forrett; I have since then been with Mr. Norton and partner, in the Insolvent Debtors' Court - I am also a painter, and deal in pictures and minerals; the reward stated in the advertisement was 50l. - I never, except on that occasion, saw a single stamp in his possession; I cannot tell whether the paper which was left by the books or tea-caddy, was found by the officers - I was placed, for a short time, to the business of herald engraving, and engaged as a manufacturer of chess, backgammon-tables, and dice-boxes, with a person named Parker, in Plummer-street, City-road; I was with him nine or ten months - we parted on amicable terms; he made no complaint against me, except that I spoiled the work - I do not know Saunders, an attorney; I was never in his employ - after I had been to the solicitor of stamps I went to Ruthven and Ellis.

Q. Did it never occur to you, and did none of them, advise you to bring in some one as a purchaser? A. It was proposed, but it was thought better not; I cannot say who proposed it - there were four or five persons; it might be the solicitor - it was not proposed that I should take some other person to see the same thing, and to confirm what I said; but it was proposed that I should return and look at the list, and then take the person - I recollect Mr. Ruthven proposing that I should take some person as a purchaser, if I did not wish to appear; no one stamp has been found - the prisoner lived on Back-hill, which was in the way from my shop to Great Alie-street: I could not be accommodated with any thing more than the shop at Great Ormond-street - I was going to dine with my father at the Compter, the day I first met him - of course I did not choose to be present when this man was taken up; it was Tuesday when I first saw him, and he was taken on the Thursday.

MR. BRODRICK. Q. When you had seen the stamps, your notion was that they had been stolen from some stationer? A. Yes - it was the advertisement led me to the Stamp-office; in the list I made there were stamps of 140l., and stamps of 30l. - I lived with Mr. Forrett,(now the barrister) three years and a half, and after with Mr. Robert Forrett, who is an attorney.

GEORGE THOMAS JOSEPH RUTHVEN . I am an officer. I was employed by the Stamp-office to detect this robbery; Ellis was first applied to, and he told me about it -I saw Balch, but I think not on the first occasion; Ellis and I took the prisoner - I think on Thursday. the 6th of August; I found this paper in a hat, with a handkerchief upon it - I do not recollect any proposition being made as to the mode in which the discovery should be carried on; we were puzzled how to go on with it.

Cross-examined by MR. CLARKSON. Q. How many minutes elapsed from the witness coming out of his house and you going in? A. I should think not three - he passed by him, and I went in and searched the prisoner's person; I expected to find the list on his person, but did not - I have seen the writing of law-stationers very much like the writing on this paper; I have seen Balch's writing - it is not like this, according to my view; Balch told me he made the figures at the corner - I have been to the shop in Great Ormond-street, but did not search there.

COURT. Q. When you went into the house you left Balch outside, and expected to find the list on the prisoner's person, but found nothing? A. Yes; the hat on which the paper was found belonged to the prisoner - he put the hat on his head, and the handkerchief I believe he put into his pocket.

JAMES ELLIS . I was sent for by a person from the Stamp-office; I was directed to apply to another person, and I applied to Ruthven; I was with him when the prisoner was taken - I was securing the prisoner at the time he found the paper.

Cross-examined by MR. CLARKSON. Q. Do you remember suggesting the propriety of sending some one with Balch, in order to confirm him a little? A. I am not quite certain - I do not recollect that such a proposition was made; I had several interviews with Balch, chiefly in the solicitor's office.

JOSEPH TIMMS . I am solicitor to the Board of Stamps. Balch made a communication on the 5th of August, and Ellis and Ruthven, I believe, were sent to; a consultation was held between them, myself, and Balch, as to the best mode of taking the prisoner with the stamps in his possession - I do not recollect any proposition being made about sending any person with Balch.

Cross-examined by MR. CLARKSON. Q. You have said you do not recollect that there was any such proposition? A. I do not remember it - I have heard Balch say there was - he may be right; I cannot contradict it; it did not strike me that there was any thing very singular in what Balch told us - he explained how he became acquainted with the prisoner - it is better to have two witnesses to a fact where you can have them, and perhaps such a proposition might have been made - I do not recollect any meeting at which it was mentioned; if it had been made, I think I should have recollected it.

MR. BRODRICK to JOHN CLEMENT . Q. Did I understand you right that you made an invoice of the stamps from the requisition? A. There was an alteration - to the best of my recollection the medicine labels are put first, and I generally put them last - this list, I apprehended, is the same as the invoice - probates and administration stamps have blanks to fill up; the whole amount of them was 1,545l. 10s.

Prisoner's Defence. I am quite innocent. On the day he says I shewed him the stamps I never saw him - how that paper came into my house I do not know.

NOT GUILTY .

OLD COURT.

FIFTH DAY. TUESDAY, SEPTEMBER 15.

Third Middlesex Jury - Before Mr. Sergeant Arabin.

1753. JOHN HILL was indicted for stealing, on the 22nd of August , at Little Stanmore, 1 gelding, price 4l. , the property of John Ballard .

JOHN BALLARD . I am a labourer and a green-grocer , and live at Brockley-hill, Little Stanmore . On the 21st of August, in the afternoon, I turned my gelding out on Brockley-hill, within a quarter of a mile of my house, on a waste - I saw him still grazing there a little after eight o'clock that evening, I went to look for him between four and five next morning, Saturday, and he was gone - I searched for him on Saturday and Sunday, and found him on Monday, about twelve, at Monk's stables, near Whitechapel; it was mine - I have seen the prisoner once or twice in different parts of the neighbourhood, but not to know him - I live about twelve miles from town.

CHARLES RICH . I am clerk to William Monk , a horse-slaughterer, in Whitechapel-road, opposite the London-hospital. On Saturday, the 22nd of August, about half-past nine o'clock in the morning, a horse was brought to me by the prisoner; another man, whom I have known in the neighbourhood for fifteen years, was with him - the man who came with him said I was to give this man 30s. for the horse, and 1s. to him, for shewing him the slaughtering-house; I put a sovereign and a half into the prisoner's hand; I had scarcely done that, before I said to the other man."Why, do you know this man who has brought the horse?" he said he did not; I then said to the prisoner, "Give me my money back again, I have strong donbts on my mind that this is not right;" he immediately gave me back the money - I told him I should detain the horse and money - Mr. Monk was standing in the shed close by; he took him into the counting-house, and questioned him; he was perfectly satisfied that it was not correct, and told me to take him to the office; as we went along, he made a start, and attempted to escape; I, however secured him, and told him it was a folly to put himself in jeopardy for so trifling a thing; he said he had taken the horse from Mr. Wright, of King's Langley, who was a wealthy man, and could well afford to lose it - I took him to Lambeth-street; he said he was a poor man, and had taken the horse out of the field - we wrote that evening to Wright, of King's Langley, but got no answer - it is near Hemel Hempstead.

Prisoner. I told him no such thing; I said I was afraid it was a stolen horse, not that I had stolen it.

JOHN BALLARD . King's Langley is below Watford; a great many miles from me.

Prisoner's Defence. I had been down at harvest-work, and as I came back on Saturday morning, I met a man in the road with this horse; he asked if I wished to buy it; I said, "I don't care, what do you ask for it?" he asked 35s.; I said, "I have 28s.;" he agreed to take it. I have witnesses who saw me buy the horse, and pay the money, if I had an opportunity of bringing them here.

GUILTY - DEATH . Aged 58.

There was another indictment against the prisoner for a like offence.

1734. MARGARET BARRY was indicted for stealing, on the 1st of July , 9 sovereigns, and 3 shillings, the monies of Edward Maggs , in the dwelling-house of Andrew Clark .

EDWARD MAGGS . I was clerk to Mr. Woolmer, of Milk-street, but have left him about twelve months, and have since been with my brother-in-law, who is a cheesemonger. On the 1st of July, between ten and eleven o'clock, I was in Holborn - the prisoner, who was quite a stranger, accosted me; I was fool enough to go home with her - she took me to a house in Bell-court, Gray's Inn-lane , to a room on the ground floor; I had had a glass or two of ale, but was not at all intoxicated - I am married, but have separated from my wife for nine months; I gave the prisoner 5s. before I went to bed; I had sixteen sovereigns and a half in my right-hand breeches pocket, 4s. or 5s. in silver, and a 5l. Bank note in a pocket-book in my coat pocket; I put my trousers between the bed and sacking; I went to sleep, and awoke a little before twelve o'clock - the prisoner was then out of bed - I heard money rattling; I immediately jumped out of bed, searched for my trousers, and they were gone; I immediately accused her of taking my money, and asked where my trousers were; she said,"Here are your trousers;" and gave them to me immediately; she was standing in a different part of the room, and must have had them in her hand when she spoke - I gave an alarm in the house - the watchman came and took her; she was dressing herself when this happened; she had got on her under clothes and stays - I do not know whether her gown was on; she had partly undressed when she came to bed - I believe her stays were off; when I first gave the alarm I said I had lost sixteen or seventeen sovereigns, but when I put my hand into my pocket I found seven and a half left, nine had been abstracted; on our way to the watch-house we met a constable, who asked the watchman if he had searched her; he said No; he took her into a public-house - I found nine sovereigns, 1ls., and 7 1/4d. on her; I had lost nine whole sovereigns.

Prisoner. Q. Did you not meet me and ask how I did? A. I said I did not know you; you asked me how I did - that is the truth; we were both in bed, and you got out from me.

FRANCIS BENNETT . I am a watchman. I was called into the house and found the prisoner quite dressed; the prosecutor accused her of robbing him of sixteen sovereigns; he appeared to have his senses about him; the constable met us on the road to the watch-house - we took her into a public-house, and found nine sovereigns, 1ls., and 7 3/4d. on her; she said she had got the money in service.

CHRISTOPHER HINDLEY . I am a constable. I met the prosecutor, and went with the prisoner - we searched her, and found nine sovereigns, 1ls., and 7 3/4d. on her; she said she got them in service.

The prisoner delivered in a long written Defence, stating that the prosecutor had met her and persuaded her to go to the house in question, and offered her any sum to consent to his wishes - that he got out of bed to feel for his money, and let some sovereigns fall, then he accused her of stealing them.

EDWARD MAGGS . There is no truth in this; I was asleep - I awoke, and found her out of bed; she took me to the house - I did not know it was in existence.

GUILTY (of stealing only) . Aged 27.

Transported for Seven Years .

Before Mr. Justice Gazelee.

1755. WILLIAM NEWITT , ROBERT DENNINGTON , and WILLIAM WILLIAMS , were indicted for stealing, on the 30th of August , at St. Mary, Islington, 30 sheep, price 50l. , the property of John Thompson .

MR. BODKIN conducted the prosecution.

WILLIAM GORDON . I am in the service of Mr. John Thompson ; I am the gate-keeper - he is proprietor of the cattle-layers , in Liverpool-road, Islington ; they are used for the reception of cattle going to Smithfield-market. On Sunday, the 2nd of August, I received a flock of sheep on account of Mr. Neal - the flock consisted of seventy-one sheep of the Leicestershire breed; there was one black one among them - I saw them last about half-past twelve o'clock at night; I them moved them out of one pen into another and counted them twice; there were seventy-one - I fastened the pen and left it; I went again next morning, about half-past seven o'clock, they were all gone then, they had been fetched away; thirty sheep were worth between 50l. and 60l.; I have since had twenty-seven sheep skins from Howell, on the 5th of August, from the watch-house by the Regent's-park; I delivered twenty-one to Mr. Griffith, a skin sales-man, and have the other six here; I gave them to Limbrick, the officer - I received the sheep into my possession on account of my master, Mr. Thompson.

RICHARD LEE . I am in the employ of Mr. Robinson. On Sunday afternoon I saw these seventy-one sheep in Thompson's layer; on Monday, the 3rd of August, I was directed by Swingler, Mr. Neal's man, to go up to the layer at five o'clock; I found forty-one sheep there - thirty were gone; I had noticed a black one there on the Sunday - that was gone among the thirty.

JOHN HOLLOWAY . I am a butcher, and live at No. 6, Tower-street, Newport-market; I know the prisoner Newitt. On Monday morning, the 3rd of August, about five minutes before six o'clock, he came and knocked at my door; I was not up - my wife let him in; he asked me if I could work - I told him my feet were very bad, I did not know that I could; but he wished me to go very much, and said he would satisfy me for my trouble if I would go - he told me he had sent some things to Mr. Johnson, No. 92, Edgware-road.

Q. Did he explain what he meant by things? A. Whether he said sheep I do not know, I imagine he must; I was to go and dress them - he gave me some gamble-hooks, tied in a blue apron; they are to stick in the legs of the sheep to hang them up; I went from there to a gin-shop with him, and he gave me a drop of gin; and from there I went to No. 92, Edgware-road - he did not go with me, I understood him that he was going to Smithfield - he told me to go on to Mr. Johnson's, and there was somebody there to help me kill these things; I parted from him when he told me he was going to Smithfield, and got to Johnson's about half-past seven o'clock - I was very lame, and not able to walk fast; when I got near Johnson's I saw the door was open, and some sheep in the road at a distance - I suppose about thirty, but did not count them; I saw two men at a distance with the sheep; I went into Johnson's shop - there was no person in the shop then; I called Johnson - the sheep were driven into the shop; I assisted to drive them in - the other two men, Mr. Johnson, and other people who were passing, also assisted; they might be ten minutes or a quarter of an hour bringing the sheep in; I could not swear to the two other men who were with the sheep - I never saw them before to my knowledge - I never saw the other prisoners to my knowledge till they were at Hatton-garden - I cannot swear at all to them; I never saw them before - if they are the men, they were dressed different at the office, and I considered that one was taller and the other shorter than the prisoners - to the best of my knowledge they were; I then went to get somebody to help me kill these sheep; I returned about half-past ten or a quarter to eleven o'clock; Henry Wincott and a man called Poultice, were the men who returned with me to assist in killing them - when I returned with them I saw Newitt forty or fifty yards on this side Johnson's house; I told him there was nobody there to help me, and I had been to fetch these two men; he asked if we would have some gin, to the best of my knowledge; he said he had heard in Holborn that there was nobody to help - he told us to go and get to work, to get some sheep dead; the men who was with me went and stuck the sheep, and I was stripping ready to dress them - I went in with them; Newitt came in a little time, and brought some ale into the yard in a pot while we were engaged with the sheep - I did not count them and cannot say how many were killed - we killed the whole in the yard, which was about thirty; I did not take notice what breed they were: there was no black one; there was a kind of brown one.

Q. Come, Sir, was there a black sheep? A. There was a kind of blackish cast sheep; I cannot say it was a black one - I believe Newitt stuck one or two of them himself; but I was engaged in dressing them and took no notice particularly. Newitt said he wished to get them dead soon that they might get stiff, as he wanted to send them to market; we got done between five and six o'clock I think, but cannot exactly say the time: Newitt did not stay till we had done; he left in the morning: I did not see him again till about six, when I saw him at the public-house next door to Johnson's - Wincott and Poultice were there, and Newitt, I believe, paid them for their work; he paid them 3s. or 3s. 6d., I believe, but I cannot exactly say, as I did not count the money. I saw Newitt again that evening, in a cart near the Hop-pole public-house, Edgware-road; it might be between six and seven - a person named Clark was in the cart with him and a little girl; I got into the cart: there was a sack in it containing some substance, but I did not look inside it - I believe it was fat, but cannot say; I believe there were some skins in the cart; they were sheep or lamb skins - we went down to Clare-market in the cart, to Mr. Sadler's; the sack was taken out and delivered into Sadler's - I cannot exactly say whether Clark or Newitt took it out - next day, Tuesday, about six or seven o'clock in the evening, I was at the Green Man public-house, Coal-yard, Drury-lane, and saw Newitt there; other people were in the house - I cannot exactly say who; Newitt then paid me for my trouble.

Cross-examined by MR. ADOLPHUS. Q. About six in the morning you saw somebody drive the sheep into this place? A. Yes, it was broad day-light. I said at the office that my belief was that neither Williams nor Dennington were the men; I believe neither of them are the men I saw.

Cross-examined by MR. PHILLIPS. Q. Had you known Newitt long? A. Some years; there was no concealment in the transaction; it all took place in open daylight - I cannot tell how far Newitt's house is from Islington, but I suppose about three miles and a half; I have always understood that he was labouring under dropsy, and he has been rather lumpy, like other butchers; he cannot walk very fast - I did not notice the sheep skins so as to know them again, and cannot speak to them; my business was to dress the sheep.

GEORGE CLARK . I live in Little Grove-street, Lisson-grove; and am a porter, and keep a horse and cart - I have known Newitt many years. On Sunday evening, the 2nd of August, I saw him at my house - two of the Johnsons' were at my house at the time - Newitt said to Johnson, that as he was out of business, he must do something for a livelihood, and he would buy a few sheep, if he could have a place to carcase them: Johnson told him if he did buy any, to send them to his house and he would kill them for him - he said nothing about killing them at my place, I believe: I might say I had no place that would do - I went to Johnson's next evening with my yokes and pails to fetch some offal for my pigs; I had my pails full of offal and was coming away, when I saw Newitt - he said he wished me to go home with the offal, and then to bring my horse and cart to take away the fat and skins; I took my horse and cart there: my little boy was in it - the fat and skins were put in by some of the men who had been employed; I did not count the skins - they threw them in any how; Newitt was there: they said there was a certain number - I cannot say whether Newitt was there then.

COURT. Q. Did they mention any number, and if so was it in Newitt's presence? A. I do not think he was there - I saw the skins put in, but did not count them; I never had such things in my cart before, and do not know how many there were - there were above twenty, I am confident; I think there were about twenty, or above - there were above twenty; Newitt told me I was to go first to Clare-market with the fat, and the skins were to go to the foot of Blackfriars-bridge; Newitt and my boy went in the cart with me - we took Holloway up at the Hop-pole, in Edgware-road, and got to Sadler's fat house in Clare-market, about seven o'clock; we had all the fat taken out - I went up into the loft to see it weighed - it weighed 30st. 1 lb., I think; while I was there I saw three sovereigns given, I think by young Mr. Sadler, to Newitt in part payment - I had left the skins in the cart at the door; while I was in the house my little boy, who was standing at the door, sang out, "Father, father, somebody has taken our Peggy away;" that is the name of our horse - Newitt was at that time down below, just where the boy was; I went down, and the horse and cart were gone - I found Newitt there, and asked why he took the horse and cart away without my consent or knowledge; he said why did I bring my little boy with me for, I would not do to go with the cart - I abused him very much for taking the cart away; he said, "Never mind, it will be all right bye and bye when the cart will meet us in Holborn" - I went to a public-house in the market with him and Sadler's man; I and my boy then walked with Newitt to the White Horse, Holborn - he said the horse and cart would meet us at that public-house; it came after we got there - I suppose that was about an hour and a half after it had been taken from Clare-market; I cannot positively say who the person was who got out of the cart when it returned, whether it was one or two, but I saw a party go across the road - there were no skins in the cart then; I parted with Newitt directly I got my cart, and went away - Newitt told me to be sure to be in time at Johnson's next morning for the sheep, to take them to Newgate-market; I went there next morning, about half-past five o'clock - I was to have been there at five; twenty sheep were put into my cart there to go to Newgate-market; fourteen were taken to Mr. Pocklinton's, and six to Chandler's, both in Newgate-market - they were left there in Newitt's name.

Cross-examined by MR. PHILLIPS. Q. Did you make any particular observation of the skins? A. No, not to know them again.

COURT. Q. When you came down stairs, after weighing the fat, was the cart gone out of sight? A. Yes; I cannot say who went in it.

JOHN HOLLOWAY re-examined. Q. When you came to Clare-market, and the fat was taken out, what became of you? A. I went up to the White Horse, Holborn, as Newitt told me if I would go there he would give me something to drink, and pay me for my work - I left the cart standing in the market, and do not know what became of it.

JURY. Q. Is it not usual to be paid at so much a head for dressing sheep? A. Yes; my work was 1 1/4d. a head, but I had to go backward and forward for a man to assist and he gave me 5s. for my trouble, without mentioning the number of sheep, and I did not count them.

JOHN ODDWELL . I am in the service of Clark. I took twenty sheep from Johnson's, in Edgware-road; on the Tuesday morning, and after I returned I took three more to Mr. Basson's, St. Ann's-court - I left them there for Newitt.

JOSEPH JOHNSON . I am in the employ of my brother, who is a butcher in Edgware-road. On Sunday evening, I was at Clark's house; Newitt was there - I got up next morning about a quarter to eight o'clock, and found some sheep at the house - my brother called me; there were thirty sheep, but I never counted them - one of the drovers, I think, told me there were thirty; I saw the prisoner Dennington as one of the drovers of the sheep that morning - there were three men with the sheep when I got up; Holloway was one - I cannot speak to the person of the third; there was one which we term a black sheep - it had a black face, and was black in the neck - I considered them Leicestershire sheep; one of the men said, "Poke that black b-r in, and that will frighten all the rest." Dennington was there then, but whether it was him used that expression, I cannot say; the sheep were got in - I was not there while they were being killed - I met Newitt by St. Giles's pound about ten o'clock, in a cart, as I was going to Smithfield with my brother; he was going in a direction to my brother's house - he got out, and I said to him, "You have been as good as your word, you have sent thirty sheep home;" he said, Yes -I asked him who he traded with; he told me he bought them of Ebb - I know a person of that name who deals in sheep; I said, "How did you come on?" meaning, how did he buy them - he said he thought he had bought them rather too dear, but he did not know how they would turn out; we had something to drink together at the pound, and parted - I went on to market, and he to my brother's; I saw him again about seven o'clock in the evening at my brother's - the sheep had been killed then, and all hung out of doors in public view; he did not say what he meant to do with them - he asked if I would buy any; I agreed that I should have a couple at whatever he might sell the others at market - he had told Clark to come for the offal; I was to buy two sheep for whatever the others fetched at market - it was not said in my presence what was to be done with the rest; I know Mr. Nicholl, and saw him at my brother's next morning -Newitt was there, and sold him two sheep; I remember some of the sheep were double-lined, as we term them - it is customary for butchers in general to put a mark of their own on them; I do not consider that these had any butcher's mark.

Cross-examined by MR. PHILLIPS. Q. Did you take any particular notice of the skins? A. No, I should not like to swear to them. I have known Newitt seventeen or eighteen years; I am certain he was not the third person who drove the sheep in.

Cross-examined by MR. CLARKSON. Q. At what time did you first see the sheep? A. About a quarter to eight; my brother's name is William - he had been up before me, and came up to call me; his daughter was up before him, and she called him - they had a better opportunity of seeing the sheep and the men than I did; I had not been acquainted with Dennington - I have seen him at work at Smithfield before among a variety of drovers, but never spoke to him; I conceived it to be a fair and open transaction - there was no concealment about it; I was not desired to say nothing about it - the sheep were exposed as publicly as possible when dressed.

MR. BODKIN. Q. How far are Thompson's layers from Johnson's? A. Nearly three miles, I should think; I have no doubt of Dennington being one of the men.

FREDERICK FRY . I am sometimes called Poultice - I am a butcher and porter, and live in Newgate-market. I know Holloway, and remember going with him to Johnson's, in Edgeware-road, on a Monday in August to kill some sheep - thirty were killed; I assisted - I cannot say what breed they were; Wincott was there - he skinned them; I legged them all but two; I have since been shewn twenty-seven skins by Limbrick - I examined them, but cannot say whether they are the skins of the sheep which were killed that morning, but they were in the same way as I generally leg sheep; there was one black sheep, and there was the skin of a black sheep among those shewn to me, and only one.

Q. On your oath, I ask what your belief is as to to their being the skins of the sheep you killed? A. I do not know them any more than by legging them, and there was a black sheep among them, but I do not know by the legging whether they are the skins or not - I cannot say whether they are or are not the same: I believe they are the skins, but the only reason I have is that they are legged as I leg them, and there was a black one.

Cross-examined by MR. PHILLIPS. Q. What do you mean by legging? A. Skinning the fore and hind quarters; other persons may leg them in the same way.

HENRY WINCOTT . I am a butcher. On Monday, the 3rd of August, I went with Holloway and Poultice to kill some sheep at Johnson's, in Edgware-road; we killed thirty - there was a black one among them; Newitt is the person who paid me for killing them - he was there part of the time I was killing them.

GEORGE FRACKELTON . I am clerk to Mr. Pocklington, a salesman. I paid the prisoner Newitt 23l. 1s. 5d. for fourteen sheep, sold for him on the 14th of August.

WILLIAM FRANCIS JOHNSON . I am a butcher, and live in the Edgware-road. I remember thirty sheep being brought to my house on the 3rd of August, between seven and eight o'clock in the morning; they were Leicestershire sheep: one was a black one: two men accompanied them- Williams was one of them; Newitt came to my house that day - I advised him to kill only ten, and send the others out to field; he said he thought he should kill about fifteen, but when I came home they were all killed; it being hot whether I thought it not right to kill them all- when they came Williams said he had brought some sheep for Mr. Newitt.

Cross-examined by MR. ADOLPHUS. Q. How often were you examined at the office? A. Twice, or, I believe, three times; I said at the two first examinations, that I could not swear to Williams, but said at the third examination I could.

Cross-examined by MR. CLARKSON. Q. You were up before your brother that morning? A. Yes; my little girl called me - I did not take particular notice of the sheep - it did not strike me that there was any thing wrong.

MR. BODKIN. Q. Explain how it is you can swear to Williams? A. The first time I was examined I saw his full face, and said I could not positively swear to his being the man; at the second examination I was not asked any thing about him, but when I came out of the office, having seen his side face, I told Limbrick I was satisfied he was the man; I have not the least doubt of him now.

FRANCES JOHNSON . I am Johnson's daughter. I remember thirty sheep coming to my father's house, about seven o'clock in the morning; I opened the door - Dennington was there (pointing to him) - the sheep were not there then; Dennington said was that Mr. Johnson's - I said Yes; he said the sheep were a little higher up, and he would go and fetch them - I saw them brought in; there was a black one among them: I went and told my father.

Cross-examined by MR. CLARKSON. Q. Have you no doubt about Dennington? A. No; I did not know him before - he was not pointed out to me at the office; I pointed him out - the Magistrate told me his name; my uncle pointed over to Dennington just now, while I was looking about; I have always told the same story about this - I have said it was on a Friday that the sheep came, and I say so now; I have no more doubt of that than I have of Dennington's person.

MR. BODKIN. Q. Whether it was Friday or not, was it the same day as the sheep were killed? A. Yes; I saw Mr. Newitt there.

MR. CLARKSON. Q. How soon afterwards did you see the man? A. He was about half an hour gone for the sheep - I saw the same man again on a Tuesday, not the next Tuesday; it was a fortnight or more after - I had never seen Dennington before; I only saw one person come with the sheep myself - I was standing on the stairs when they drove them in; my uncle and father were present when I saw Dennington in the shop - I am quite sure it was Friday.

MR. BODKIN. Q. Was when you were before the Magistrate the first time you saw Dennington after that? A. Yes - the Magistrate pointed him out then; I had pointed him out myself before the Magistrate told me his name - the Magistrate then said his name was Dennington - there were four people at the office when I pointed him out; there were no more prisoners there - he stood at the end of the bar; there were other people standing at the end of the bar; I was not told the people who had been at our house were standing there - only one person besides him stood at the end of the bar; nobody had told me he was the man.

COURT. Q. You opened the door to Dennington - did you continue in the shop, or go up stairs? A. I stood on the stairs, about an hour, while they were driving them in; the door opens into the shop - I could see the shop from the stairs; my uncle and father came into the shop; I called them while he was gone for the sheep - when they were driven in Dennington came into the shop, so did my uncle and father; I saw no other man came in, nor did I see any body outside; I stood on the stairs till they were driven in- I never saw thirty sheep come into my father's at any other time.

JOHN LEGGATT . I keep the Green Man, Coal-yard, Drury-lane. I know the three prisoners. On Tuesday afternoon, the 4th of August, I saw the three prisoners and Holloway in company at my house; I changed a 5l. note for Newitt - he asked me to take four sovereigns to go out, and return, pretending I had been out to borrow it for him- he gave me no reason for that; he said he did not wish the men to know he had any more money; they were at my house four or five hours together, in company - I did not receive the reckoning, and do not know who paid; he told me to pretend I had borrowed the sovereigns of a man named Bonington, the landlord of the house he lives in; I went into the shop, came out, and carried four sovereigns to him in the tap-room.

COURT. Q. When he gave you the 5l. note, where was he? A. In front of the bar; Williams and Dennington were in the tap-room. and could not hear or see any thing of it; when I brought the four sovereigns he was in the tap-room, sitting with them, and I gave them to him there- he asked me after I changed the 5l. note if I would take care of a good deal of money for him - I spoke to my wife, and she would have nothing to do with it; he had a good deal of money, and put it into his fob - he had between 100l. and 200l. about him, for he asked me if I would take care of between 100l. and 200l. for him.

ANN KING . I am Leggatt's niece. On Monday, the 3rd of August, between one and two o'clock, Dennington and Williams came in together, and had beef-steaks at our house; they staid rather better than half an hour; I do not remember who paid - I never saw them before; I saw them again on Tuesday - Newitt and Williams were with them then; I do not know at what time they came on Tuesday.

JESSY SURBY . I am a painter, and live at Mr. Bonington's Coal-yard, Drury-lane. Newitt lodged in the second floor back room, and I live in the first floor back room. On Monday, the 3rd of August, at three o'clock in the morning, there was a knocking at the door; I looked out of window and saw two persons - they were Williams and Dennington; they asked me if Mr. Newitt was at home - I think it was Williams spoke; I said I believed he was - I went up and called him; he came down, and went out about five minutes after I called him, but I cannot say whether they all went together - I went to hed again - I saw Newitt again, at home, about twelve o'clock that day; I saw him next day at the Green Man, Coal-yard, with Williams, Dennington, and Holloway - they were all drinking together that afternoon; I had seen Dennington and Williams before that morning, and had spoken to them five or six times before.

Cross-examined by MR. PHILLIPS. Q. Newitt lived at the house? A. Yes; he is married. I saw Williams and Dennington go away when I gave them the answer at the window; I did not see Newitt go out - I saw him at his bed-room door when I called him; he appeared as if he had just got of bed - I did not stay at the window above a minute; I only gave the answer to each person - I cannot say whether Dennington and Williams came back and talked with Newitt at the street-door; I have heard Newitt complain of dropsy before this happened - he was very much swollen; I have not observed it affect him so as to prevent him making any great exertion - I heard him go up again, and dress himself afterwards, and go down again in five minutes; he was up stairs long enough to dress, and he went out - I did not see him go out, but I heard the street-door shut directly after he went down; I heard him go down when I called him, heard him go up again, and then down, and never heard him go up again.

Cross-examined by MR. CLARKSON. Q. There can be no mistake about time? A. No - I heard the clock strike during the time I was out of bed; I do not suppose I was out of bed three minutes altogether - I do not burn a light; it was not very dark - the moon was -

Q. Will you swear it was a moonlight morning? A. It was moonlight and daylight together, so that I could distinguish - I will not swear it was moonlight; I cannot say there was a moon - it was not clear daylight at the time.

Q. Why did you say there was a moon? A. Because I could not recollect whether it was daylight or not; I did not see the moon, and will not swear there was one - it was so far daylight that I can swear to the prisoner's if you put them among 20,000 men; it was both daylight and moonlight together - it was not raining then; I did not look to see if the ground was et - one man stood answering me, and the other a little distance off; I only looked at the mens' faces, their appearance and dress - I took particular notice of them; I do not know whether there was a moon or not - I did not see it; it was between daylight and moonlight, because I know it was about the time the moon was up - my recollection is furnished by a knowledge of the state of the moon and the night; it was the third quarter - I am sure of that; I do not know when the moon was new - I calculate from the last time of the new moon, that it was the third quarter; I do not know when it was new, only from seeing it full on Sunday or Saturday night last - I will not swear it was the third quarter; I swear I have not sworn it was.

MR. BODKIN. Q. Had you any expectation of being examined on the state of the weather? A. No - there was light enough for me to distinguish their persons, and I am certain of them; I told them Newitt would be down directly, and then they went away from the door - they came to the door; I did not hear the street-door open the first time Newitt went down - he came up in about two minutes, or two minutes and a half, and I heard him go down again in about two minutes and a half; I then heard the door shut, and did not hear him return up.

COURT. Q. The moment they came to the door they asked if Newitt was at home? A. Yes - I said I believed he was; they asked me to call him - I went up and told him two men at the door wanted to speak to him; he came, opened his door, and told me to tell them he would be down directly - I told them so, and did not see any more of them; I heard him come down stairs directly -I did not hear him open the door or speak to them; I heard him come up again - I heard him moving about in his room over head, and go down in about two minutes and a half, and heard the front door shut; I had not heard it opened - I think it was possible for him to dress and come down in the two minutes and a half he was up stairs.

JURY. Q. Did you know the two prisoners before? A. Yes - I had seen them four or five different times, and have spoken to them in the street.

MR. CLARKSON. Q. When had you last a job of painting? A. The last job I did was for Mr. Leggatt, the witness, at a house in West-street, Walworth - he paid me for the job; I began it on the 5th of August - it took six days; I came here to day with Leggatt - we did not go before the Magistrate together; I was summoned there - I had told Bonington, the landlord, and Leggatt, what I knew; Mrs. Bonington told Limbrick I was the person who answered them from the window.

WILLIAM GORDEN . The layers at Islington are about two miles from the middle of Drury-lane.

GEORGE GRIFFITH HOWELL . I am keeper of the watch-house in Albany-street, Regent's-park. On the 3rd of August, between eleven and twelve o'clock at night, a man, who is not here, brought in a sheep skin, and about five next morning, a watchman, who is not here, brought in another - I kept them both, and went on the Tuesday morning, between seven and eight o'clock, to take a walk by the Regent's-canal, and found a parcel of sheep skins in a heap: I was with my horsepatrol, and in the evening be fetched them to the watch-house - there were twenty-five; there was one black skin among them - I gave the twenty-seven skins to William Gordon; Clare-market is about two miles from that spot - none of the skins were entirely in the water, but on the bank; one of them hung on the butment of the bridge - they appeared to have been thrown over carelessly.

JOHN HOPKINS . I am a horse-patrol. On the morning of the 4th of August, I was with Howell, when the skins were found in the canal; I took possession of them in the afternoon - there were twenty-five; I delivered them at the green-yard belonging to the watch-house -Howell was there; I did not find them exactly in the same situation as in the morning - the day-watchman had turned them over; I knew they were the same - I just turned them over in the morning; there was one black one.

JOHN SWINGLER . I am in the employ of Mr. Neal. On Sunday night, the 3rd of August I took a flock of seventy-one sheep, by his direction, to Mr. Thompson's layer - they were Leicestershire breed; I noticed the marks on the skins - I saw six skins in Limbrick's possession at the office, and can take upon myself to say they are the skins of six of these sheep - there was a black one in the flock, and a black skin among those.

Cross-examined by MR. CLARKSON. Q. It was on Sunday night; do you remember whether it was a rainy night? A. I think not; it would be neither light nor dark at three o'clock in the morning - it would be break of day.

JOHN LIMBRICK . I am an officer of Hatton-garden. I apprehended Williams in Drury-lane, on Saturday the 29th of August - Hall was with me; I received twenty-seven sheep skins from Gordon, and have preserved six of them; I showed them to Swingler - I have been to Thompson's layers - I suppose it is full a mile or a mile and a quarter from the Coal-yard - it may be two miles.

Cross-examined by MR. CLARKSON. Q. Do you recollect what weather it was about the beginning of August? A. I cannot say; I do not suppose it would be quite dark at three o'clock.

WILLIAM BOND . I am a constable. On Friday, the 28th of August, I apprehended Newitt at the Wellington, Wellington-street, Pentonville; he said he was not sorry he was apprehended; he intended to give himself up - this was nearly a month after the robbery - Pentonville joins Islington.

Cross-examined by MR. PHILLIPS. Q. Did you ask why he was about to give himself up? A. No.

Q. Did he not tell you that whatever he knew of the business, he was not concerned in stealing the sheep? A. I cannot say that he did - I will not swear he did not - he had no conversation with Limbrick that I know of; he appeared very infirm, and swollen with dropsy much more than he is now - I should think it would be difficult for him to walk five miles together.

MR. PHILLIPS to JOHN LIMBRICK . Q. I believe you saw Newitt some time after he was apprehended; did he not appear in such a state of bodily infirmity that any great exertion would be fatal? A. I conceive so.

JOHN BASHAM . I am a butcher. On the 3rd of August I was going down Holborn, towards Newgate-market, and saw Newitt - I had had some dealings with him about sheep - he accompanied me down Holborn towards Newgate-market, and I saw him several times in the market; he was walking about there, attending to his business.

Cross-examined by MR. PHILLIPS. Q. Did you observe the state in which his body was? A. Yes, I observed it very big; he walked feeble and infirmly.

JURY to JESSY SURBY . Q. Was there any gas-light near the house, so that you could distinguish the party? A. There was a gas-light at our door attached to the house, close to the front door.

MR. PHILLIPS. Q. Were you ever at Marlborough-street Office? A. Yes, once - I was not charged with doing any thing - there was no accusation made against me of stealing a watch; I had a ticket of a watch in my possession which had been stolen, not knowing it to be stolen - I gave it up to the officer, and got nothing for it; I was discharged directly.

MR. CLARKSON. Q. Do you mean to mix the gaslight with the day and moonlight? A. No; it did assist me to see the prisoners - I did not mention it, because I was not asked - I have not said there was "daylight" enough; the daylight assisted the gaslight - I lived in Smart's-buildings when I had the duplicate - I have lived three years in that house.

MR. BODKIN. Q. Why did you leave there? A. Because the woman who lived there went into the almshouse - a Mr. Cave took it, and ordered all the lodgers out; I went from there to where I now live; it was twelve months ago last February, and have lived there ever since.

NEWITT'S Defence. I can prove that from six o'clock in the morning till ten in the day what became of me - I did not go out of the house till six o'clock in the morning of the 3rd of August.

Dennington's Defence. Respecting Johnson saying he never spoke to me, I have spoken to him several times in his brother's shop, near Ray-street.

Williams' Defence. At the time I was apprehended Johnson said he never knew me; he said it was a dark, short, swarthy man, and I was not the man at all. On the day of my apprehension, Waddington came and said I was wanted; I said directly, "Shall I come now?" he said No, he did not want me now, by and bye would do; I said I would go directly, or wait at home for him at my mother's; I waited there for about an hour; he never came: I went out to sell my plums, and then Limbrick came - I told him I was just coming to him to know what he wanted of me, as I had just done my plums.

ANN JOHNSON . In August last I lived in the same house with the prisoner Newitt; Surby lives in the back room first floor, and I in the front room on the same floor. On Monday morning, the 3rd of August, I heard three knocks at the street door - Surby went up to Newitt's room, and I heard Newitt go down stairs - I heard Newitt go up again and shut his room door (but I did not hear the street door shut) - I did not hear him go down again.

HANNAH BONINGTON . I am landlady of the house Newitt and Surby lived in in August last. On Monday, the 3rd of August, I saw Newitt at three o'clock in the morning, and I saw him again about six - I then met him in the passage of the house going into the yard, where there is a privy - he appeared as if he had just got up in a hurry, with his stockings down, and the knees of his breeches not tied; he appeared to be going to the water-closet; he had been infirm and dropsical for some time before.

MR. BODKIN. Q. How long had he lived at your house? A. About ten days before, but I had known him about twelve months - he had kept a butcher's shop; I was not particularly intimate with him; I used not to walk out with him - I cannot swear I never went out with him, as he came to my house on a Saturday, and I went out with him on Sunday; at least I and my husband met him, and he said he was going to Lisson-grove, we went with him; I have not been out with him since, to my knowledge - I do not know the Castle in Holborn; I have not been to a public-house in Holborn with him since the robbery, to my knowledge; I am not bound to swear what I am not convinced of; I have not been out with him since the robbery to my knowledge; I do not know the other two prisoners - I cannot swear to them; I cannot swear I never saw them at my house - to the best of my knowledge I have not; I do not undertake to swear any thing of the kind - the officer came to my house a great many times; Newitt was not in my house when Limbrick came - I never saw any officer but him there; I was at home three or four times when he came - Hall came with Limbrick afterwards; Newitt was not in the house at any time when the officer came, that I will swear.

Q. The first time you saw Newitt was about three o'clock? A. Yes; I was up then, for my husband, when he gets liquor (which is not very often) is like a madman, and I am afraid to go to bed with him, and sit up - he was at home and in bed at this time; I was up and dressed, and about three o'clock Newitt came down stairs; I heard Surby call him - my door was shut, it is close to the street door; my room is on the ground floor - my door continued shut all the time; I saw Newitt going up stairs; I did not consider that he had shut the street door after he had answered somebody, and I opened my door; I went out to see if it was shut and fastened, and it was fastened - I turned towards the staircase and saw Newitt going up stairs; he had nothing on but a pair of dark or black trousers; I had not heard him speak to any body at the door - I did not go to bed at all; I did not hear him come down again, to the best of my knowledge; I do not think he ever went out of the house; I have had some conversation with Surby - I told him I considered he was telling very great falsehoods in saying the man went out, for I did not go to bed, and was certain he did not go out.

Q. On your oath, did you not say to Surby that you recollected seeing Newitt come in the morning, at a quarter to eight o'clock, with his shoes all over dust? A. I take my oath I never did, nor any thing of the sort; I saw Newitt again about six o'clock - our men knock at the door about six, some of them came rather before six - it was not about five or ten minutes after that I saw him; it was shortly after six, for our men are very punctual - I was giving the key of the street door when I met Newitt, just as if he had come from his bed; it was not above five or ten minutes after six - he was partly undressed; my house is five or ten minutes walk from Newport-market.

Q. Then he could not be out and dressed, calling on a man in Newport-market, before six o'clock? A. I cannot say; that is the time I saw him.

MR. PHILLIPS. Q. What is your husband? A. A coach-smith; Newitt's wife lived with him at our house - he never took any liberties with me; I was awake from three to six o'clock: I do not consider that I closed my eyes a moment - I sat not exceeding two yards from the street door; and from three to six o'clock heard nobody leave the house, nor any one come down stairs.

MR. BODKIN. Q. Did you not, on the 3rd of August, the day of the robbery, go with Newitt to the Castle in Holborn? A. I could not attempt to swear such a thing; I have drank with him on several occasions, when he lived in Rose-street and Turnstile - I have not told Mr. Oldershaw that I went on the 3rd of August with Newitt to the Castle; he asked me that question this morning: I told him I was not bound to answer such questions - I did not say I was there.

MR. PHILLIPS. Q. Did Mr. Oldershaw ask you questions? A. Yes, two or three; I told him I was a witness for the prisoner; he and another gentleman questioned me outside.

JESSY SURBY re-examined. I have had some conversation with Mrs. Bouington about the robbery; she told me she heard Newitt go out of the door about five minutes past three o'clock on the Monday morning, and come in about a quarter to eight that morning with his shoes all over dust - I cannot say what day she stated this.

MR. PHILLIPS. Q. Was any body present? A. Her sister; she told me that I was correct in my statement about his going out soon after three o'clock, and that he came in again about a quarter to eight with his shoes all over dust; she did not say I was a liar for stating what I had, nor any thing to that effect - I had been to Hatton-garden at the time of this conversation; I did not state this to any body - I did not mean to do it, till I heard she was going to appear against me, to try and transport me; I then thought I would peach her, and repeat every thing I knew - I have no spite towards her, nor ill feeling; I have a good will towards her, for I know she cannot transport me - she told me she heard Newitt speak to Dennington and Williams; I told Mr. Oldershaw, the attorney, so last Thursday - I do not know that peaching is a cant word; I know nothing about cant words - I have heard it several times; I heard it both before and after I got the watch ticket.

JURY. Q. Was it from a back room you answered the men? A. I sleep in the one pair back room - the knocking was at the front door; I went to the staircase window to answer them - there was a single knock first, and then a double one came, like a postman.

JOSEPH JOHNSON . I should think it was about a quarter-past ten o'clock on Monday morning that I met Newitt - he told me he had bought the sheep of Mr. Ebb, who is a salesman of Smithfield-market; he has just gone down the steps of the Court - he is in the market regularly twice a week now.

WILLIAM EBB . I am a sheep salesman, of Smithfield-market - I know no other salesman of my name in London; I have been a salesman more than twenty-five years- I know Newitt; I did not sell him any sheep in August last.

MR. PHILLIPS. Q. To how many persons in August may you have sold sheep? A. I cannot state, probably within thirty of the number of persons, but I could tell within one whose names I have sold to on one particular day in August - I cannot tell within fifty of the persons I sold sheep to in August, not as to the number, but I can tell their names within one; I have no foreman, or any body who sells sheep for me - persons do sell for me when I am absent, but I was not absent in August during the hours for the sale of sheep; I will swear nobody sold sheep for me - I swear I was never absent for an hour during the hours of sale; my knowledge of persons to whom I sell is chiefly derived from my transactions with them- I could not identify every person I sold to; I cannot swear nobody bought sheep of me on Newitt's behalf, but I swear they did not buy in his name - if a man buys of me I give an account of them in the name of the buyer, and, in some instances, in the name who he should use; it is common for persons to buy for others - the name they buy for are entered, and if that name is not given to me I enter them in the name of the purchaser; I have sworn there is no other William Ebb in London, a salesman - I cannot say there is no other William Ebb; I do not know such a salesman, and will swear there is not one- no person can be a public salesman without my knowing it; there are a great many other public markets for the sale of sheep, but only one for the sale of live sheep in London - I know nothing about dead sheep; I do not mean to say live sheep may not be sold without my knowledge, but there is no other market for live animals - sheep may be sold in a lane; there is not a sheep salesman named William Ebb ; there is no other market where salesmen attend for the sale of live sheep.

COURT. Q. How many market days are there in a week? A. Two, Monday and Friday; I recollect very well that I was in Smithfield on Monday, the 3rd of August; I did not sell thirty sheep to Newitt that day, nor any - I did not speak to him that day, to my knowledge; I have known him for five or six years - he has dealt with me; he formerly was a butcher; I do not know how long he has ceased to keep a shop, but I have not sold him any sheep this year; I did not sell thirty sheep to him, nor to any body in his name, on the 3d of August - it is both a ready money and credit market; the market hours are from four o'clock in the morning till three in the afternoon, or twenty minutes after; I attend generally within twenty minutes under or over five - no sales of sheep take place before I get there; I have been at Smithfield-market every Monday, for the last twenty years, and every lot of sheep, amounting to twenty-five, I have sold myself on all those Mondays - no agent or person has been deputed to act for me on a Monday; each buyer who pays for sheep, goes and enters his name in the money taker's office - so many sheep, such a price; I sell sheep on commission for any body who sends them - I never sold sheep for Newitt, except half a dozen once because he was absent; he is a salesman himself.

RICHARD LEE . I went to take the sheep to market - thirty were missing; I took the rest to Smithfield - Mr. Neal was there to sell them himself.

Ten witness gave Newitt a good character, two deposed to that of Dennington, and one to that of Williams.

NEWITT - GUILTY - DEATH . Aged 36.

DENNINGTON - GUILTY - DEATH . Aged 21.

WILLIAMS - GUILTY - DEATH . Aged 25.

Recommended to Mercy by the Prosecutor and Jury, on account of their characters .

Second Middlesex Jury - before Mr. Baron Vaughan.

1756. THOMAS HOLLINGSWORTH was indicted for stealing, on the 6th of June , 2 tray-stands, value 16s.; 1 piece of carpet, value 35s.; and 5 hearthrugs, value 7l.; the goods of Samuel Hollingsworth , in his dwelling-house .

SAMUEL HOLLINGSWORTH . I live in Bedford-street, Bedford-row , and am an upholder . The prisoner is my son, and assisted in the business; he absconded from my house on the 13th of June.

Cross-examined by MR. BARRY. Q. How many more sons have you? A. Five. He is my second son; I have five daughters also - the eldest went out to a situation a month or two before the prisoner absconded; the others are mere children - I did not pay the prisoner wages; I provided him with food and clothing.

Q. Is it true that you allowed him and your daughter one shilling a day for their support? A. It is not true; they fared with me - I maintained the prisoner; at the time he absconded I missed property to a large amount and a cheque for 34l., in fact, property of every description: they robbed me of every thing.

COURT. Q. You say "they," as if others were concerned? A. I only say that from a letter written to me by my son - I had no reason to suspect he was going to leave me till he went.

RICHARD ROSS . I am shopman to Mr. Tunis, a pawnbroker, of Liquor-pond-street. Here are five hearth-rugs, pawned by the prisoner, between the 2nd and 23rd of May - he came alone; I advanced 10s. on some, and less on others.

Cross-examined. Q. This is more than three months ago? A. Yes, I am certain he is the man.

SAMUEL HOLLINGSWORTH . I have no doubt of these being my property - I never sold them.

Cross-examined. Q. Have you not a large stock of such articles? A. Yes - my porter has been convicted of stealing articles of this description; I have not sold rugs of exactly this pattern.

COURT. Q. Have you any recollection of seeing that property about, shortly before May? A. Yes: it is a particular pattern, which I do not suppose could be got.

MR. BARRY. Q. Do you manufacture them? A. No- it is an old pattern, which has been out of work many years; it was made expressly for me - I have not sold any of this pattern for years, and had but this one; these rugs had a shop-ticket on them.

JOHN LIMBRICK . I am an officer. I took the prisoner up on the 9th of July; he said he was very sorry, and that the porter and his wife had brought him into this trouble; this was on his being charged with stealing carpet and rugs.

Cross-examined. Q. Was his father present? A. He was; I made him no promise or threat; the father had no private interview with him to my knowledge - he told me this at No. 50, Baldwin's-gardens: he was in a wretched plight when I took him - I do not know of his being married.

Prisoner's Defence. I was forced to do it, for my father kept me short on Saturday, during his absence.

GUILTY (of stealing to the value of 99s. only.) Aged 18.

Recommended to Mercy. - Confined One Year .

First London Jury - Before Mr. Recorder.

1757. JOHN EDMONDS . was indicted for stealing, on the 1st of August , 1 bag, value 18d.; 1 coat, value 5l.; 3 waistcoats, value 3l. 3s.; 1 pair of trousers, value 2l. 5s., and 1 pair of braces, value 2s., the goods of Philip McKenzie ; and that he had been before convicted of felony .

The prisoner pleaded GUILTY . Aged 14.(See page 781.)

1758. ALEXANDER GUYON was indicted for stealing, on the 21st of July , 11 handkerchiefs, value 27s. , the goods of Robert Plant .

The prisoner pleaded GUILTY . Aged 18.

Transported for Seven Years .

1759. MARY FITZGERALD was indicted for a misdemeanor .

MESSRS. BOLLAND, and SCARLETT conducted the prosecution.

ANN CRAMPTON . I am niece to Joseph Pullen , who keeps the Blue Last public-house, in Broadway, Blackfriars . On the 16th of July the prisoner came in, and had a glass of porter, which came to 1 1/2d. - she gave me a shilling; I saw it was counterfeit, and laid it on a shelf over the engine, by itself - she came again in about half an hour, had another glass of porter, and paid me a shilling; I laid that by the other, as I suspected it, but being alone in the bar, and my uncle not at home, I could not detain her - he came in in half an hour, and I gave him both the shillings; he laid them on the same shelf again, apart from any others; they laid there till the 27th of July, when the prisoner came again, about a quarter to ten o'clock at night, in company, and asked for a glass of porter and a glass of gin; she paid for both with a shilling - I told her it was counterfeit, and it made four counterfeit shillings which she had passed at our house; she said it was quite unknown to her if they were counterfeit - I gave Mr. Pullen that shilling; a constable was sent for, and took her in charge; I marked that shilling directly I took it - I gave the constable three shillings, only one of them was what she had paid me before; the other had been mislaid - one of those I gave the constable I had from Mrs. Pullen.

Prisoner. I did not know they were bad; I said if it was bad I was willing to change it. Witness. She said so at the watch-house, but not before.

SARAH PULLEN . I am the wife of Mr. Pullen. On the 27th of July, at a quarter-past nine o'clock at night, the prisoner came in alone, and had a glass of porter - she paid me a shilling; I gave her 10 1/2d., and she left - I put the shilling by itself, and gave it to Camplin.

Prisoner. Q. Did you not put it into a drawer? A. I put it into a part of the till where there was no silver whatever.

JOSEPH PULLEN . My niece gave me two shillings which she had received; I put them in the bar, and gave them to her again.

SAMUEL DOWDNEY . I am a constable. I was sent for on the 27th of July, and took the prisoner; I received from Crampton three counterfeit shillings, which I produce- I have kept them separate ever since; I diligently searched the prisoner in the watch-house, and found on her 3s. 6d. in good silver, and 1s. worth of copper.

WILLIAM CRAMPTON . These are the shillings; I know them by the marks I put on them.

JOHN FIELD . I am an inspector of coin at His Majesty's Mint. These shillings are all counterfeit, and are cast, two from one mould, and one from another.

The prisoner delivered in a written Defence, declaring she was not conscious of the money being counterfeit, and that she had received them in the street, where she sold thread and tape.

JURY to MRS. PULLEN. Q. What was your reason for putting the shilling in the till? A. I thought she was the person who had passed bad money before, and I put it there separate from any other; I took it out as soon as she went out, which was in a moment.

GUILTY . Aged 29.

Confined One Year , and to find Sureties .

1760. GILBERT WITT was indicted for stealing, on the 13th of July , at St. Ann, Blackfriars, 60 sovereigns, 30 half-sovereigns, 112 shillings, 4 half-crowns, 1 crown, 1 sixpence, 1 order for payment of and value 28l. 15s., and one 40l. Bank note, the property of George Le Boutillier , in the dwelling-house of Robert John Banyon .

MR. ADOLPHUS conducted the prosecution.

GEORGE LE BOUTILLIER . I am a clerk in the Norwich Union Life and Fire Insurance office, and an agent at Islington - the business is carried on in Bridge-street, Blackfriars ; I receive money as an agent for Islington. On the 13th of July I had in my possession a sum of money which I had received - I put it into a tin cash-box; there was a 40l. Bank-note, a cheque for 28l. 15s., 75l. in sovereigns and half-sovereigns, more sovereigns than halves, 6l. 7s. 6d. in silver, two bills of exchange for 22l. 17s. 6d. and 17l. 16s, an I. O. U. for 5l., and this memorandum on a piece of paper, "Pleas 8s. 6d., and 3s. 6d. coach;" both these items were on one piece of paper written with my own hand, and it was in the box- the prisoner was on trial in the office as clerk - I was at the office at Bridge-street, and at four o'clock I handed the box to Mr. Tolkein in the office, who I saw deposit it in the iron safe - he locked it, and put the key in his pocket in my presence; there are inner and outer doors to the safe - only the inner doors were locked; I went out immediately, and did not go to the office any more that night; the sovereigns had been marked some time before the 13th by Mr. Howell, our surveyor - I saw some of them marked; they had been in the box above a month - I had not delivered out any of the marked sovereigns; I did not return to the office till ten o'clock next morning - Mr. Tolkein then went to the safe in my presence to take the cash-boxes out - he took the key out of his pocket, put it to the lock, and found the doors had been opened - my money-box was gone; it was a tin one - the money was in a kind of false bottom in the box -Mr. Marriott came, and examined the lock of the chest; I have seen some of the sovereigns since, and am certain they are some of the same as I had seen marked - I am positive they are the same; I have also seen the memorandum of the 8s. 6d. and 3s. 6d. - they were shown to me at the Mansion-house on the Monday following (the 13th was Monday) I never had a doubt of their being mine - Mr. Cope had been employed.

Cross-examined by MR. BRODRICK. Q. How long had this lad been employed in the office? A. I suppose from five to six months - he continued to come there after the property was lost, and was taken into custody on the Saturday, at his father's house; I think the iron safe belongs to the Company; the different clerks deposit money there - I did not collect this money as a clerk, but as an agent myself; I did not deposit it there on account of the Company - I pay it over perhaps five or six months after; the marked sovereigns had been there more than a month - nobody but myself took money from that box; I took the key of the box away in my pocket - Mr. Tolkein had the key of the safe; Tolkein put the box into the safe after I had locked it.

Q. Did the cash-box belong to the Company or yourself? A. It had been lent to me by the secretary; it belonged to the Company - I had not accounted to the secretary for the money in the box; the secretary deposits money in the safe.

MR. ADOLPHUS. Q. When you deposited the money in the safe that night was it your intention to take it out in the morning, and go on with your business with it? A. To go on with my business with it; I had not accounted to the Company.

JOHN BENJAMIN TOLKEIN . I am chief clerk at the Norwich Union office. I remember putting Mr. Boutillier's cash-box into the safe on the 13th of July - I locked it up with two boxes which I am in the habit of depositing there every evening; I believe the prisoner was there at the time - he was there till four o'clock; I left Mr. Boutillier, the prisoner, and another clerk in the office - Mr. Pleas, I believe, was likewise present; on the following morning, as soon as I put the key to the safe, the folding doors opened of themselves - I found it was unlocked; I sent for Mr. Marriott, who examined the lock in my presence - I found my two boxes there, but Mr. Boutillier's was gone.

Cross-examined. Q. When you locked the safe you put the key into your pocket? A. Yes - it was a small key, and had never been out of my possession; it was the key of the inner door - the outer doors were left open; the inside is fitted up with iron doors, and the upper part is fitted up for books: the junior clerks have access to the books, and we consider it not necessary to lock the outer doors - the key of the outer door is kept in a drawer; I believe Mr. Pleas had that key - I did not tell him he might have it; I believe the secretary had told him so - that key was deposited in a drawer next the iron safe; the secretary residing on the premises takes care of that key - the outer door was not locked before I left the office; I left Mr. Pleas there, and believe he had that key - my box remained.

MR. ADOLPHUS. Q. Was Mr. Boutillier's cash box locked up in the same place as yours? A. Yes, and the key of the inner door was never out of my possession; the cash boxes were locked up as safe as if there had been no outer door - the key of the outer door would not open the inner.

MR. MARRIOTT. I am an ironmonger, and live in Fleet-street. I was sent for to the office immediately on this robbery being discovered; I examined the locks of the inner safe - the doors were put too, and I was asked to look at them to form an opinion by what means they had been opened - I examined with a candle, and said there were marks of some instrument I found they opened; I took the lock off, and found part of the lock broken off, and marks where an instrument had been employed - it could not have been done with the proper key.

MR. ROBERT JOHN BUNYON . I am secretary of the Norwich Union Fire-office, and live in the house, in Bridge-street, it is in the parish of St. Ann, Blackfriars; nobody but myself, my family, and my servants occupy it.

Cross-examined. Q. You live there as secretary of the office? A. Yes; I pay no rent nor taxes - the prisoner was my servant about six months; he had left school very lately, and is the son of a very respectable tradesman - he was there without salary, merely on trial; he continued to attend after this discovery, and when he was sent for about eleven o'clock at night, his father brought him to the office.

MR. ADOLPHUS. Q. Was that before his father's house had been searched? A. Yes; he was there without a salary, at the request of his father.

GEORGE ROBERT PLEAS . I am in the employ of the Norwich Union Fire-office. On Monday evening, the 13th of July, I left the office at five o'clock; the prisoner staid longer than any of the clerks, except myself - I went out between four and five, and left him alone in the office; I was not out above a quarter of an hour, and as I returned I met the prisoner coming down Union-street, as I stood at the private door of the office; I asked him why he left the office while I was absent - he said he thought I was gone backwards - that passed without further notice, and we both went into the office together; he went to his book immediately - he was copying a policy; he stopped in the office about a quarter of an hour, and went out again, as he said with letters; I said nothing about it as I was there - when he came in I went out again, and was not out ten minutes; he was in the office at his book: at five o'clock I saw all the books put into the safe, and I locked it; I did not take any notice of the inner doors - they were shut too; I locked the key up in my desk at the office - I hid it behind some books; the prisoner and I left the office together - I saw him out; I went back at a quarter-past nine o'clock in the morning - I went to my desk, and found the key of my safe where I had left it; I did not open the outer door of the safe - it was opened about ten, when I had gone out; I gave the key of the outer door to the prisoner to bring out the books - I had come to the office before him; the other clerks were in the office when I gave him the key - Mr. Tolkein was there.

Cross-examined. Q. The key of the outer door was left with you? A. Yes - the other clerks left at four o'clock; I went out for a short time, leaving the prisoner there - I believe he was at work at his books; I was certainly not out more than a quarter of an hour - I was waiting at the private door when I saw him, and we went in together; he went to copy a policy - I went away for a very short time again, and left him writing something in the office, and found him doing the same when I came back; I saw him out of the office when I left - he lives in Chenies-street, Tottenham-court-road; when I locked the outer doors of the safe the inner doors appeared locked.

MR. ADOLPHUS. Q. What he had done at the time you were away, was it in your power to tell? A. No - I did not try the inner doors; there is no difference in the appearance of a locked door and a closed one.

CHARLES HOWELL . I am a surveyor. I marked some sovereigns by desire of Mr. Boutillier, with a kind of awl - here is the instrument; it was about six weeks before this circumstance - I have seen some of them since, and am convinced they are the same as I marked; I have no doubt of it.

Cross-examined. Q. How many did you mark? A. I cannot tell - there were several sovereigns, some half-sovereigns, half-crowns, shillings and sixpences; I dare say I marked more than twenty gold coins, sovereigns and half-sovereigns - I did not see them afterwards, till they were produced, not for six weeks; I delivered them to Mr. Boutillier.

MR. WILLIAM WADHAM COPE . I am a City marshal. I went with Forrester to the prisoner's father's house, Chenies-street, Tottenham-court-road, on Monday, the 20th of July; I had apprehended the prisoner in Frances-street, Tottenham-court-road; I took him back to his father's house, and made search in a room which the father told me, in the prisoner's hearing, was his (the prisoner's) room - I found clothes and things in it which would suit the prisoner; I believe he was in the parlour when I searched - I found in his bed-room this piece of paper in a small box which belonged to him; I found in the cellar,(which is down three pairs of stairs from his room) twenty-nine sovereigns concealed under the stairs, behind the skirting board - he was not present when I found them; I produced them to him afterwards - he said he knew nothing about it, that some one else had done it - I was present when the cash-box was found down the privy, in the yard, by Daniel Forrester; the prisoner still said he knew nothing about it.

Cross-examined. Q. I suppose the family were in the house? A. Yes.

GEORGE ROBERT PLEAS re-examined. Q. During the time he was clerk in the office, was his father, or any of the family, in the habit of calling to see him? A. His sister did - I do not know whether she was there on the day this happened; I cannot say whether she was there while I was - if she had come to the place the safe was in, while I was in the office, I think I must have seen her; I was absent about ten minutes.

DANIEL FORRESTER . I went with Mr. Cope and my brother to search this house in Chenies-street. I found twenty-nine sovereigns behind the skirting, on the stairs, and with a pitchfork, in the privy, I pulled up the bottom of the tin box, and then the top, but the interior was produced by another person - I apprehended the prisoner at Spittle's livery-stables, in Frances-street; he was standing there.

Cross-examined. Q. That was very near where his father lived? A. Yes.

JOHN FORRESTER . I know no more than my brother has stated.

WILLIAM PAUL . I am a performer at the theatre in Tottenham-street. I have a slight acquaintance with the prisoner - he overtook me in a gig at Pimlico, on the 13th of July, between seven and eight o'clock in the evening; I got into the gig and rode with him to the Red House at Battersea, and while there he offered to lend me 5l. or 10l. - he pulled a handful of sovereigns out of his waistcoat-pocket; he seemed to have about fifteen, and he produced the interior part of a cashbox from under the seat of the gig - it fell from the seat as he was sitting on it; it was empty - I said, "What have you got that for;" he said, "I have been to buy it, but it won't answer the purpose I want it for - if it is of any service to you you may have it" - I said it would answer many purposes I could put it to; we took it to the Red House - we had some stout, and as I was returning I was carrying it under my arm; he said I need not carry it in such a public place - I said, "I am not ashamed of it;" I carried it to my house, and produced it before the Magistrate.

Cross-examined. Q. Did he ever offer to lend you money before? A. Never - I had seen him but twice; I only intended to ride about one hundred yards with him, but he got me to go over to the Red House - I did not take any money from him.

MR. LE BOUTILLIER. I have examined this cash-box; it is exactly the same as mine - this interior part is exactly like the one I lost; there is no mark on it - here are eight of the sovereigns which I am certain are the same as were marked for me by Howell; this paper is my hand-writing, and is the same as I left in the cashbox - (reads) "Coach 3s. 6d. Pleas 8s. 6d."

Cross-examined. Q. Can you tell what is the mark on the sovereigns without looking at them? A. A dot made with this instrument.

MR. HOWELL. These eight sovereigns are exactly like those I marked - I have no doubt about them myself; I identified them at Witt's house - at the time they were found.

Cross-examined. Q. They have the same dot on them? A. Exactly the same - they could only be marked the same by the same description of instrument; it was a broken instrument.

MR. ADOLPHUS. Q. Have you that broken instrument here? A. Yes, it corresponds; if one was marked now with it, it would be exactly the same.

JURY. Q. Has that instrument been out of your possession since? A. Yes (here the witness marked a sovereign with it); I delivered to Mr. Boutillier the sovereigns I marked, and saw him put them in his box.

MR. LE BOUTILLIER. I had to use the cash-box every day, and continually kept the sovereigns at the bottom of it - I am certain there were marked sovereigns at the bottom of the box; I had seen Mr. Howell mark them - they had been there from the time they were marked; the box was deposited in the safe every night.

MR. BRODRICK. Q. Did you see them the day they were missed? A. Yes - I did not take them out, but saw they were there.

Prisoner's Defence. This paper, which is said to have been found in a box in my bed-room, is said to have been in the cash-box at the time of the robbery; now there is a drawer in the office at the left side of Mr. Boutillier's desk, which contains waste-paper - it was put there for wastepaper a month or three weeks before the robbery; I took it out of the drawer: it was larger than it is now - I made a memorandum on it, tore it in two, took the piece I made the memorandum on, and put the other into my pocket, and at night I make it a rule to lock up every thing I have in my box - if I had committed the robbery, is it likely I should have returned every day to the office and be cross-examined as I was twice - I solemnly declare, before every body here, I am as innocent as you are yourselves.

MR. LE BOUTILLIER. I am certain the memorandum was in the cash-box locked up with the cash at the time I put it in the safe on Monday evening; the memorandum was a recent thing - it might have been in existence about a fortnight before. I had a drawer in which I kept waste-paper about three months ago.

MR. BRODRICK. Q. Was not the paper on which you made the memorandum larger than it is now? A. How can I say that; it is the very same paper and is the same size as it was then, I think - I will not swear I did not make the memorandum on half a sheet of paper - How can I tell?

MR. ADOLPHUS. Q. Is that paper in your hand writing? A. It is; the 3s. 6d. might have been laid out a fortnight before - Pleas had paid me some money and this was the balance; he had paid it me since Midsummer: it was about some rent - he might have paid it me a fortnight after Midsummer - I never wrote the memorandum on any other piece of paper, and it was in the box on the 13th of July; I used to keep my cash in the drawer near my seat, and from time to time I found a deficiency in that drawer - it was a drawer for general purposes and waste-paper; I never put the memorandum in that drawer - the drawer is there still.

JURY. Q. Was the box regularly replaced in the safe every night, or left at Islington? A. It was always in the safe; I kept it there not at Islington.

COURT to MR. TOLKEIN. Q. When the office hours are over, is that part of the office appropriated to the business locked up so as to prevent Mr. Bunyon from going into it? A. No; it is accessible to him or any of his family.

Eleven witnesses deposed to the prisoner's good character.

GUILTY . Aged 16.

Strongly recommended to mercy by the Jury, in consideration of his extreme youth and former good character.

Judgment Respited .

1761. WILLIAM JONES was indicted for stealing, on the 24th of July , 2 spoons, value 12s. , the goods of Christmas William Colls .

ISAAC ARGENT . I live at the Rainbow tavern, Fleet-street ; Christopher William Colls is the proprietor . On the 24th of July, between seven and eight o'clock the prisoner came into the coffee-house as a customer; I was serving - he called for a go of rum, which I gave him and a silver tea-spoon with it; a person afterwards came in who I had seen in his company the night before, when we had lost four spoons - his companion had a go of whiskey; we had other customers in the room - they staid till ten, had supper, and two more goes after, and had four spoons altogether - I missed two before they left the house; they had the tavern mark on them - they went out together; I followed them out, pretending to go to see the time - I came up with them, caught hold of the prisoner, and the watchman took hold of the other; I had given him information before they left - they wanted to know what charge I had against them; I said I would let them know when we got over to the watch-house - before we got there, one spoon was found with the tavern mark on it: I had seen the prisoner attempt to throw it away - only one has been found: the prisoner said he had taken it up with his handkerchief by mistake.

Prisoner. Q. When you brought the glass of liquor did you not observe my handkerchief on the table? A. I did not; I noticed his hat on the table and saw him playing with the spoon in his hand, while his hat was on the table - we were going to discharge all the servants on account of losing so much plate.

ROBERT NATHANIEL CRESWELL , ESQ. I am a barrister. I was at the coffee-house, and in consequence of information from the last witness I followed the prisoner and the other out; and when we got about two yards into the street, they were stopped by Argent and the watchman - I happened to be about a yard behind the prisoner, and saw his right hand coming out of his coat pocket with a white handkerchief in it, and the end of the spoon peeping out of the handkerchief - I immediately collared him, caught his hand, and held it with the handkerchief in it; I said, "You will see the spoon here," and took it out of his hand - he held out his hand, and said, "Oh, I have got nothing."

Prisoner. Q. Do not you recollect saying at Guiddhall that when you took the spoon out of my hand that you said, "That is not it?" A. I did not say so - I marked the spoon with my initials, and gave it to the officer.

SAMUEL NEWBURY . The prisoner was brought to the watch-house - Mr. Creswell delivered me this spoon - the Alderman discharged the other prisoner.(Property produced and sworn to.)

The prisoner, in his defence, stated that he had placed his handkerchief on the table to prevent his coat-sleeve from getting wet, and on replacing it in his pocket, he was unconscious of the spoon being there.

GUILTY . Aged 24.

Transported for Seven Years .

NEW COURT, Fifth Day.

Fourth Middlesex Jury - before Mr. Common Sergeant.

1762. WILLIAM SNOW was indicted for stealing, on the 30th of July , 9,500 needles, value 30s.; 8 ozs. weight of pins, value 1s. 6d.; 2 yards of ribbon, value 1s.; 2 ozs. weight of thread, value 6d.; 13 balls of worsted, value 3d.; 80 skeins of silk, value 7s.; 2 reels of cotton, value 5d.; 33 balls of cotton, value 1s. 3d.; 1 half-sovereign 1 crown, 2 half-crowns, and 2 shillings, the property of William Rotherham and another, his masters ; and MARTHA SNOW was indicted for feloniously receiving part of the said goods, well knowing them to have been stolen .

JOHN CAPEY . I am in the employ of William Rotherham and John Hill Grinsell - the prisoner, William Snow, was in their employ for two months previous to the 30th of July, as a cashier , to sit at the desk, and give change - he slept with me. On the Thursday morning, before the 30th of July, he got up first, and went down stairs; I got up about seven o'clock, and saw a bundle hanging on a nail in my bed-room - some of our shop-twine was hanging through a hole in it; I took it down, and found some skeins of silk, some cotton, a purse, a half-sovereign, a crown, two half-crowns, and a quantity of my master's property - there was a cheque-book, a number of billheads, and some paper - I called a young man, and we showed them to Mr. Rotherham; in about an hour I was called into the counting-house, and found the prisoner -Mr. Rotherham said to me, "This boy denies these things, and says they don't belong to him;" I said to the prisoner,"It is of no use your denying it, it must be your's, and you took them;" Mr. Rotherham said it was of no use his denying it, he would bottom the affair, and he had better tell the truth; he then said he took them, and he had taken some cotton, needles, and worsted home, and they were in a school-box, in the back-parlour - the officer and I went to his mother's, after he was gone to Worship-street; when we got to the house, the officer asked Mrs. Snow whether she had a son in the employ of Rotherham and Grinsell; she said, Yes; he asked if she had any of their property in her house; she said, No; she then said,"His aunt has been here, and I have been looking into the school-box, and found these two parcels" - Attfield said, "Have you got any more?" she said No; he said,"We must look," and we found two more lots in the parlour, in different places, in boxes and drawers - here is cotton, needles, tape, and silk, such as they have in their shop; the whole amount, I should think, is about 3l.; the cottons have our name on the label, and the needles have our private mark on the paper.

Cross-exmained by MR. PHILLIPS. Q. Who are your employers? A. William Rotherham and John Hill Grinsell - I have sold things out of the shop with these labels on them - I sometimes find needles and things about the shop, but these are done up in papers.

WILLIAM ATTFIELD . I am an officer. I went to the house of the female prisoner, at No. 31, Gloucester-street, Commercial-road - it is about three quarters of a mile from the prosecutors' - she opened the door; I asked if her name was Snow; she said Yes; I asked if she had a son at Rotherham and Grinsell's; she said Yes; I asked if she had ever received any goods belonging to them - she said not to her knowledge - I took her into the back-parlour, and read the warrant - I asked if there were any goods there; she then opened the drawer, and gave out two parcels, which she said she had taken from the boy's box, and intended to take to the prosecutors' - I said, "Is this all;" "I believe it is," she said; I said I must search, and in different parts I found these papers of needles, cottons, and other things - this other parcel I got from Capey.

Cross-examined. Q. Is the husband of this woman living? A. Yes, and I believe he sleeps in the front-room, in consequence of this woman's mother being there, and sleeping with her - her husband is coachman to a gentleman in the City.

The prisoners received good characters.

WILLIAM SNOW - GUILTY. Aged 13.

MARTHA SNOW - GUILTY. Aged 44.

Recommended to Mercy - Confined 6 Months .

1763. RALPH GEORGE MARTIN was indicted for stealing, on the 4th of August , 170 foreign dollars, value 35l., and 1 night-cap, value 6d. , the property of Robert Willie Briggs .

ROBERT WILLIE BRIGGS . I am chief officer of the Catherine Stewart Forbes . I left my dollars in a trunk in my cabin - I left it on the 4th of August, and the last thing I took five dollars out of the bag, and gave them to a doctor to take to a man who was going to the hospital; there was no one present; next morning one of the men was searching my box, and said, "Here are a great many wax candles;" I said Yes; he said, "We burn a great many in our lantern, I will take one;" I said, "Do;" the prisoner was second officer of the ship - he was on board when I left; I missed the dollars about half-past five o'clock, on the 5th - the prisoner had gone on shore that day about nine o'clock in the morning, and returned about three; I did not know then that I had lost them; he came on board the next day, and said, "Is it true you have lost the dollars?" I said, "It is too true;" he declared that he knew nothing about them; the next day he came on board again and went below - a person came to inquire for a package, and it was not found; in looking for it, I saw the prisoner in the larboard after-cabin, stooping down; I asked him if he knew any thing of the package; he said No; I was then coming up again - he said, "Look here;" he pointed down, and lifted up a night-cap with fifty-eight dollars in it; it was under his couch; I desired him to let it he till I had called one of the Dock clerks - he appeared as if he had accidentally hit upon it; he said he was looking for his shoe, and found the night-cap under the coach; the whole crew on board the ship, were thirty-seven or thirty-eight, but they had all left the ship except some boys.

Cross-examined by MR. PHILLIPS. Q. Did not you bring a prostitute on board to sleep with you in your cabin? A. Not in my cabin, in one of the other cabins; I did not say any thing against the prisoner - there was much said against him, but not by me; he came on board the ship from time to time; the Magistrate admitted him to bail; he never slept in the same cabin with me - he slept in the cabin in which the dollars were found; it was sometimes open and sometimes shut - there is a water-closet in it for the passengers; it is not open to all - the prisoner had gone on shore three times before he found the dollars, but I do not think he had an opportunity of taking them on shore; prostitutes are often thieves - I was not in her company the whole of the time she was on board, but I can swear she never left the cabin, because the door was kept locked; I had gone on deck, and while I was there I could not see the cabin door.

COURT. Q. When did that woman come on board? A. About half-past eleven or twelve o'clock at night, and staid till six the next day; the trunk was not kept locked, but the door of the cabin was; the prisoner had complained of the Custom-house officer going into that cabin to the water-closet - we had other passengers on board, but not in that cabin.

ALFRED FELL . I am third officer on board this vessel. I was ill and on my couch in a cabin opposite the one the dollars were found in; about ten o'clock Briggs went on shore, and in about half an hour I heard a person, who I thought was the prisoner, come down the ladder with an immense quantity of dollars - he was emptying them out; and the next day I heard Mr. Briggs say he had lost a great number, unless Mr. Martin had taken care of them; I said he might make himself easy, for Mr. Martin had taken care of them; I did not speak to the prisoner at the time I heard him; I believe he slept in that cabin, because I heard a midshipman come and call him about ten o'clock the next morning - I heard a Custom-house officer come to that cabin; Martin said, "Who is that?" he said, "It is I;" and he told him to go on deck.

Cross-examined by MR. LEE. Q. What time did the witness bring the woman on board? A. I think about an hour after I heard the prisoner come down; I slept in the starboard after-cabin; I could not see the prisoner, but I heard him; if any person had asked me, I should have said it was Martin; I heard his foot, and heard him cough - I never said though I was not certain, yet I would swear to him; he was called at night and went on deck, and then came down again; it was a passenger's cabin, who had left at Dover - I did not suspect him; he came on board, and eat and drank with the prosecutor; they were on the closest intimacy the whole voyage; he has been appointed chief officer of the ship.

COURT. Q. I understand you said the dollars were safe because Martin had taken them? A. Yes; I thought he took them to take care of for Mr. Briggs, as they were so intimate; I told Mr. Briggs of it when he came on board, and he inquired of Mr. Martin when he came on board; the cabin in which the dollars had been was on the deck on the larboard side - I heard that door shut, as I suppose, and a person come down and go into the other cabin - he was afterwards called and went on deck; it was after that I heard the dollars taken, and some one come down from the awning after-cabin; I do not think I had been asleep for three nights.

Cross-examined by MR. LEE. Q. Have you any reason to suppose that it was Martin that came down, otherwise than by supposing he had left the cabin? A. I supposed it was him; I expected he would have remained on deck, but I supposed he came down.

COURT. Q. Was it his duty to remain on deck? A. Yes; he was called to look out - there would have been no person on deck with him but the Custom-house officer.

ROBERT WILLIE BRIGGS re-examined. Q. When Fell told you your money was safe as Martin had taken it, did you speak to Martin? A. Yes; when he came on board he said, "Is it true that you have lost your money?" I said it was too true; on the Saturday after I had been at the Thames Police, he said he had received an anonymous letter - he showed it to me, and asked if I knew any thing about it; I said No - but I suspected him, and there was evidence which I intended to have looked into as soon as I had time; he said he had not taken the money, and had not so much, or he would pay it me rather than have his name made public; when I went on shore that night, I told a boy to give Mr. Martin the key of my cabin - when I returned I got the key from him.

Cross-examined by MR. LEE. Q. Where did you pay the woman from? A. From the desk, in dollars; after the letter had been received the prisoner left me, and on Monday I went to the Thames Police.

JAMES EVANS . I am a surveyor of the Thames Police. I was required to go on board the ship on Monday, the 24th - I found the prisoner and the two witnesses in the cuddy: I was talking to Fell, and the prisoner came out - I called him, and said, "I understand there has been a robbery committed;" he said Yes - I said, "Do you know any thing about it?" he said No; I said,"There is some suspicion attaches to you, have you any objection to go before the Magistrate?" he said he had not; he said he could swear the money was safe in Mr. Briggs' trunk - the next day he went before the Magistrate, who admitted him to bail.

Witnesses for the Defence.

NICHOLAS GEORGE TERL . I live in Trinity-square, Borough. On the 5th of August I was on board the Catherine Stewart Forbes; I found Mr. Fell sick in bed- Mr. Briggs told me the dollars were lost; I went down to Mr. Fell, and told him - he said he heard something like dollars, by the sound of them, in the next cabin; I said, "Who slept there?" he said Martin - I said it could not be Mr. Martin; he said "No, it could not be him, if it had been him I should have known him," and he said if it had been Martin he must have taken them to hide from Briggs; for, about an hour before Briggs went on shore, Martin said, "Are you not going to pay the men some of their dollars before you go on shore?" - he said, "No, I shall pay them at my pleasure."

MR. HUNGERFORD. I live in Newton-terrace, Kennington, and am a tide-surveyor of the Customs. On the 4th of August I was on board the vessel, and heard that Mr. Briggs had lost his property; some hints were thrown out that the Custom-house officers or searchers, had taken them - I said, "If you suspect any of them, let me know, and I will represent it to the Board of Customs;" he said,"Indeed, I may blame myself a great deal" - I said, "If you suspect any of my officers, let me have their names, and I will not let them go on duty;" I advised the prosecutor to go to the office, and the prisoner offered to go for him: I asked him if he suspected the prisoner - he said he did not; when it was said that a person had been jingling dollars in the cabin, Fell said it was not Martin, if it had been him he should have known him.

NOT GUILTY .

1764. HENRY NORRIS was indicted for stealing, on the 8th of September , 1 waistcoat, value 10s.; 4 sovereigns, and 1 half-sovereign , the property of James Picknell .

JAMES PICKNELL . I lodge at Mr. Featherstone's, in St. George's in the East ; the prisoner slept in the same bed for eight days - he was there before me. On the morning of the 8th of September I employed him to take my chest down to the Hull packet - it was locked, and I had the key of it; I took a bag, and another young man took a hammock - I opened my chest to get the money to pay the prisoner, and this money and the waistcoat were gone; the prisoner seemed quite unconcerned, and pressed me to go back and see if it was there - I went home and told the landlord - he seemed quite surprised; when I got back to the packet, the prisoner was gone - I did not see him again till eight o'clock in the evening, in Jewin-street, at the sign of the Woolpack; he had the waistcoat on, and 19s. 2d. in his hat - he said he had bought the waistcoat, with the other things he had on; I am certain it is mine - it has two gores under the arms to make it larger.

Prisoner. Q. When had you these pieces put in? A. The beginning of this summer - I had not worn it above three times; they were put in at Sunderland.

JOHN COVERLY . I am landlord of the Woolpack. The prisoner came to my house on the 8th of September, about nine o'clock in the morning - he gave me a bundle to take care of; he came again in the evening - I gave the bundle to Repton.

ANTHONY REPTON . I am an officer. I have the bundle, which Coverly gave me, and the waistcoat which the prisoner had on; the prosecutor described the pieces in the waistcoat before I took it off - these other things, which were in the bundle, appear to be new.

JAMES PICKNELL . I went to the docks about seven o'clock - my chest was locked, and the key was in my hat by the side of the bed; I had seen the money safe the night before - the prisoner saw me put my clothes away, and take the money out.

Prisoner. There were eight other men in the room Witness. No, there were three or four.

Prisoner's Defence. Another young man slept in the same bed with us - there were three beds in the room, and three slept in each; in the morning he asked me to lend him a hand - we went down to the Dock, and he missed his money; I told him he had better go back and see if he had left it - I then went to a ship going to the Swan River, but it was not going off then; I went to my father, and then to Jewin-street, where I was taken in the evening.

GUILTY . Aged 24.

Transported for Seven Years .

1765. GEORGE SAMUEL BALL was indicted for stealing, on the 6th of February , certain fixtures, (i.e.) 2 pairs of window sashes, value 30s., and 2 locks, value 3s., the goods of Anthony Pratt , and fixed to a certain building ; against the Statute, &c.

EMANUEL PLAYER . I am a house agent for Mr. Anthony Pratt, who has a house in Raven's-buildings, Whitechapel . On the 6th of February there were two sashes taken from the front parlour, and two from the back - I had seen them safe the evening before, and missed them at nine o'clock in the morning; I had opened the house the evening before, and put the other keys in the front parlour, and took the parlour and street door keys away - when I went in the morning the parlour door was open, and the sash frames gone; the officer showed me the frames the next day - I compared them with the window places; they fitted exactly, and I have no doubt they belonged there - two locks, which had been taken off, were fitted to their places.

Cross-examined by MR. LEE. Q. Were not the sashes burnt? A. Yes, a little; but the tops and bottoms fitted exactly - there was sufficient left to fit in; it was not a common size - they had but six squares, and there were eight squares in the sashes of the other houses in that street - all frames, having the same number of squares, are not of the same size; I had seen them hundreds of times - a man named Bailey was transported for this very offence; I distinctly swear that I saw the frames the same day as I missed them.

THOMAS GREEALY . One morning in February last, about seven o'clock, I saw a man opposite my door, in Parsey's-gardens, which is less than a quarter of a mile from where they were taken - he had two sashes, which laid up against the wall; I do not know who he was - in about a second I saw the prisoner going into a house in North-street with two sashes; I went on to my place of work, and saw the man I had first seen go into the same place as the prisoner did - it was the day the other man was taken up.

Cross-examined. Q. Had you seen the prisoner before? A. Yes, and knew him - he was just at the door, but I saw him quite sufficiently to know him.

THOMAS CARRANT . I am an officer; I went with Vann to a house in North-street, which is kept by the prisoner's grandmother - we knocked some time before she let us in; we looked throught the window and saw a person go out at the back door, but I cannot say that it was the prisoner - when the street door was opened we went up stairs; we found some glass and some frames - I met Bailey coming out of the room and took him; he was tried - we took the prisoner from information - we fitted the frames and lines to the place they had been taken from.

JOHN VANN . I went with this witness to the prisoner's grandmother's; I found a lot of sashes broken up and two locks in the lower room - I did not see any person leaving the premises; I only saw Bailey, who has been convicted.

THOMAS GREEALY . I saw the house the officer went into; it is within one door of Parsey's-gardens - I saw the articles taken from the house that morning.

FRANCIS KEYS . I am an officer. On the 30th of July I was standing at the corner of Worship-street, Norton Falgate - I saw the prisoner go into a public-house, and he saw me, I suppose; I had been in search of him for some time - I waited a few minutes, and then went and looked in at the window; he was not there - I then saw him come out of a court and crossed towards him; he ran up Worship-street - I saw it was of no use to run after him, and turned up another street, which brought me into the Curtain-road - I saw the prisoner again; he saw me, and ran into a dust yard, which had no thoroughfare - I looked up a hole over some breeze and saw the prisoner's legs; I said, "George, come down" - he said, "Keys, I will come to you" - I said, I took him for some sashes, for which Bailey had been tried; he said, "It is all right, I don't care for that" - as we were going to the office he said,"Cannot you settle it with me; I have 14s. in my pocket which I will give you, if you will let me go?" I said, "That is not the way I do my business; keep the money, you will want it" - I knew of no other charge against him.

Cross-examined. Q. When was this? A. About six months after the robbery.

Prisoner's Defence. I am innocent.

GUILTY . Aged 19.

Transported for Seven Years .

1766. MARY JONES was indicted for stealing on the 30th of July , 1 watch, value 4l.; 1 watch-chain, value 1s.; 2 seals, value 8s.; and 1 watch-key, value 2s., the goods of Robert Haywood , from his person .

ROBERT HAYWOOD . On the 30th of July, I was at the top of Grosvenor-place and met Mary Allen ; I went home with her to Providence-row - I had then four sovereigns and a half in my breeches pocket; I undressed, and put my breeches, with the money in them, upon the table - it was then about twelve o'clock; at about half-past two or a quarter before three, Allen went down stairs - I awoke, and asked where she was going; I waited some time, expecting her to return - I then got up and looked at my watch at the window; the prisoner Jones came in in a few minutes, and asked what I wanted there - I said I came in with Allen; she said it was her apartment, and her husband would soon come home; I asked her for a light, as I could not find one of my gaiters - she went down for a light and took my watch; I did not see her take it, but I had had it in my hand two minutes before and put it on the mantel-shelf - she then came up with the light, and I accused her of it; she denied it - I got my clothes on and went to the watchman, who came; we saw the two women leaving the house -I was sober.

Cross-examined by MR. BARRY. Q. How long had you been walking with Mary Allen? A. It might be about two hours - we had one pot of beer to drink - I had been paying some bills, and might have taken a glass of porter before; I will not swear I had not taken any spirits - I was quite sober - the house has not a very respectable appearance; I had been asleep perhaps two hours and a half before Jones came - she did not come to the door, and ask for a light - when she came, I thought it was Allen -I had known Allen for two years; my watch was found in a pair of bellows, in another room - I missed it before the light was brought up; I was certain it was gone, for I had had it in my hand just before - there were no other persons but Allen and myself in the house - there is only one room in it - the watch was found at No. 6, another house.

COURT. Q. When the light came, you saw the watch was gone from the mantel-piece? A. Yes, but I had missed it before - a little light came from the window - it was beginning to be day-light; I had light enough to see the prisoner's person before the candle came - I am certain she is the person who came up, before she brought the light, both by her appearance and her voice.

GEORGE PALMER . I am a watchman. I went with the witness to No. 2, Providence-place, where he said he had been robbed - I could get no admittance; but having seen a woman come out, and go to No. 6, I followed her -I got in at the window, and the constable found this watch in the bellows in the first-floor room; I found the prisoner in the same room, and took her.

Cross-examined. Q. What time did you go there? A. Twenty minutes after three o'clock - I suppose the prosesecutor had not been with me above five minutes before I went there - I had to get a light, which occasioned me to stop a few minutes - it is a bad place - some of the houses are open the greater part of the night; Mrs. Fulmer is the landlady of that house.

JOHN BUZZARD . I am a patrol, and was with Palmer; what he has stated is correct.(Property produced and sworn to.)

GUILTY (of stealing only) Aged 19.

Transported for Seven Years .

1767. MARY ALLEN was indicted for stealing, on the 30th of July , 1 purse, value 2d., and 4 sovereigns, the property of Robert Haywood , from his person .

ROBERT HAYWOOD . I went home with the prisoner; when I awoke in the morning, she was going down stairs; I then missed four sovereigns, half a crown, and a purse, which had been in my right-hand breeches pocket; I did not know what she went down for - I got up, and went to the watchman - we saw the prisoner going into No. 6, with the last prisoner - the patrol got in at the window - there was one sovereign found within the lining of the prisoner's shoe.

Cross-examined by MR. BARRY. Q. Did you place the money by the watch? A. No, I missed the money after I got out of bed, before I missed the watch; I then looked at the watch, and put it on the shelf again - I am sure I had the money when I went with her - she had a glass of rum at a public-house - we should have gone into a bye place, but there was a watchman - I have gone to a bye place with her, and given her a shilling; I never went home with her till that night - I did not give her any thing that night but the glass of rum - I am a groom - I changed half a sovereign at the public-house; I had paid about 2l. away before I went home with her; when I got home with her, I took out the purse, and said I hoped I should not be robbed; she said I was perfectly safe - she did not say she had had this money sent her by a friend from the country.

GEORGE PALMER . I went with the prosecutor. I got in at the window and took the prisoner.

JOHN BUZZARD . I was on duty as patrol; at twenty minutes after three o'clock I met the prosecutor and the watchman - I went to the house where he said he had been robbed, but we could not get in; the landlord was present, but was not willing that we should break the door, and we did not like to do it - we fetched Timbrell, and found the watch; I took the prisoner to the watch-house, searched her, and in her shoe I found the sovereign - that was all.

ROBERT HAYWOOD re-examined. Q. What awoke you in the morning? A. I suppose it was Allen dressing herself - I did not hear her till just as she was going down stairs; I called to her, and she made no answer.

GUILTY (of stealing only.) Aged 26.

Transported for Seven Years .

1768. SAMUEL FISHER was indicted for stealing, on the 24th of August , 1 watch, value 10l., the goods of Matilda Parlett , from her person .

MATILDA PARLETT . I live with my father, who is now in the Fleet-prison - I keep house for him there. On the 24th of August I met the prisoner in the New-road, between twelve and one o'clock in the day; he first spoke to me about the weather, and then asked if I would have something to drink - I said No, several times, but at last said Yes; I had never seen him before - I walked with him for about half an hour, and then went to my uncle's, in Gloucester-place; he waited for me at the end of Gloucester-place - I went to see my uncle, but he was out of town; I sat talking with the housekeeper nearly three-quarters of an hour, not thinking he would wait so long, but when I came out he was where I left him - he took me into a public-house, No. 75, Norton-street ; it might be later than one o'clock - we went into the parlour; we had a pint of ale, and after that he ordered a beef-steak, of which I partook - he had another pint of ale; several persons came in - the door was not locked, and the window which looked into the street was open; a lady and gentleman came in, and staid for an hour and a half - I was conversing with them about situations and other things; several persons came in - I staid there till a quarter past seven o'clock; the prisoner then went away in great haste, while I sat there, as soon as the gentleman and lady were gone; the prisoner had heard my watch tick, and said I had got a watch - I said I had not, but at last I said I had, showed it him, and said, "I will defy you or any man to take it from me;" some other persons then came in the room - as soon as the prisoner was gone I thought of my watch, missed it, and told the landlord - he looked out, but could not see the prisoner; we then went to the Regent's-park barracks, but could not trace him - I had the watch five minutes before he left the house; the next morning I went to the public-house, and then to Knightsbridge - I asked the serjeant if such a man had been out, and he said he had; I pointed the prisoner out to the serjeant-major, who said that is him by his looks - there were a great number of men exercising; the watch was fastened round me by a piece of tape, which was cut - I left the tape at the barracks; I was not more than half an hour sitting near the prisoner - I was not very close to him; he put his hand round my waist at one time, but said nothing - there were lights brought in about an hour before he went away.

Cross-examined by MR. ADOLPHUS. Q. Are you in any way of business? A. No - I have been with my father; I have not been to service or any business - I was with Mrs. Hart on liking, for two or three days, but the place was too hard, and I left her, finding my health declining; it was between twelve and one o'clock when I met the prisoner in the New-road - I was conversing with him for half an hour or an hour, before I went to my uncle's; I did not make any appointment with him, he said he would wait - I then met him at the corner of Gloucester-place; we went to the Little Cannon in Norton-street - I was not in the Goat and Compasses at the corner of Fitzroy-street, I am quite sure of that; it was between one and two o'clock - we had the beef-steak at the Little Cannon; I think he had a pint of ale afterwards - he might have had three pints in all; I did partake of it before he went away he had a glass of gin and water; I had some of that - he had a pint of beer; I had some of that - he put his arm round my waist after that; he had not done any thing to me before - people kept coming in; no fondling had taken place between us, or any thing of the kind - I do not say he did not kiss me; it was only once - that was early in our sitting; it was not all the time we were there - he paid for what was had; he did not make me any present - my watch was gold, but the chain was not gold; my father is in prison through a person he had been a great friend to - the lights had been lighted an hour before the prisoner went away; the room was not a dark one - I did not see which way he went; I showed the tape to him at the barracks, he took it from me and it fell on the floor - he said, "I have no knife, and how could I cut it;" I did not feel it done, but it was very easy for him to break it - I told the quarter-master my name was Parlett, and I was residing at a friend's; I did not tell him my name was Parker, and that I lived in Britannia-row - I was quite sober, upon my oath; the pot-boy did not conduct me to any place.

COURT. Q. When was the kiss given? A. About an hour and a half before he left; no one was in the room at the time - I do not know whether the light was gas or not; I mentioned to the landlady that my watch was gone.

RICHARD BLAKE . I am landlord of the Little Cannon, or the Good Man, in Norton-street. I was not at home when the prosecutor and prisoner came in; I came home at three o'clock, and saw them there - I believe I went in twice, once with a glass of gin and water; she was sitting by his side - seven or eight persons came in while they were sitting; I did not see them go -Mrs. Blake was in the bar, and said she would see the couple go; the witness did not go out, but in about five minutes after the prisoner was gone, she came from the parlour, and said she had been robbed of a gold watch - I went into the parlour; there was no one there - she did not describe how she had lost it; I said I would search the parlour, the yard, and the water-closet, before she went - I found nothing; I did not ask her particularly how she had lost it, and she did not tell me - she was the worse for liquor; they had two pints of ale, one glass of gin and water, and one pint of porter, after I came home.

Cross-examined. Q. Did you see one of your potboys conduct her to the water-closet? A. No; I thought the prisoner belonged to the first or second regiment of Life Guards, and went with her to the Regent's barracks the same night - when I went into the parlour she was sitting close by the prisoner on the bench; the lights were not lighted more than twenty minutes before they went - the witness was not drunk; she was the worse for liquor.

ISAAC MOOREY . I am waiter at the Little Cannon. I remember the prisoner and the witness being there - they came in together; the prisoner asked her what she would take - she said, "I won't have any thing to drink, I would rather have something to eat;" the prisoner said bring in a pint of ale at all events - he pulled off his gloves and gave me 1s., and said fetch us some beefsteaks; I took them in, and saw no more for an hour, I dare say - another pint of ale was then called for, and I took that in.

Cross-examined. Q. Did you see or hear any thing like a watch about her? A. No.

MATILDA PARLETT re-examined. I did not sleep in the Fleet Prison the night before; I was at a friend's, No. 8, Halton-street; I am sure I had the watch when I got up, and fastened it with the tape as usual; I had looked at it in the day - the reason I said I would defy any man to take it from me was, because I did not know what character he was, and I thought it would deter him - my friend is not here at whose house I slept.

Prisoner's Defence. I am quite innocent.

ANN EDSON . I lived at the Goat and Compasses. On the 24th of August I served the prosecutrix, and a soldier who was with her, with two pints of ale; I cannot swear the prisoner is the person - the man had a red coat on; I have no doubt of the prosecutrix's person.

COURT. Q. What time was it? A. Half-past twelve o'clock when they came, they left at half-past one - the house is at the corner of Fitzroy-street; I saw something about this in the newspaper, but had no idea I should be wanted; I had a subpoena last Wednesday - I had no conversation with the prosecutrix; she was in the back room - she had a white shawl on with a narrow border, and a white bonnet with coloured ribbons; I observed her face - my master and his two nieces live there; I served them with what they had.

WILLIAM BOWER . I am a private in the First Regiment of Life Guards . On the 24th of August I was at the Regent's-park barracks - the prosecutrix came there that evening, she was what I call drunk; the landlord of the public-house asked for the officer of the guard - I said there was no officer, there was a corporal; he said that would not do; I sent the orderly man to the adjutant - they staid two or three minutes; the prosecutrix reeled up against the table; the adjutant asked her if I was the man - she said No, he had no pouch-belt on; he asked her what time he left her - she said at half-past nine o'clock; I then went to the guard-room, and it wanted a quarter to nine; she said she was positive it was half-past nine - the landlord said you mean half-past seven; she said No, half-past nine.

DANIEL PENNY . I am the corporal. I was called in by the last witness; the prosecutrix appeared to me to be very much the worse for liquor - I heard her complain to the adjutant that she had lost a watch, and some soldier stole it at the Little Cannon; he brought forward first the orderly man and then the centry - she said he was something like the orderly man; she staggered about very much; the adjutant said, "I will show you every assistance in my power - leave your address with the corporal;" and while he was writing she frequently caught hold of the table to steady herself.

GEORGE MILLER . I am a quarter-master at the Knightsbridge barracks. On the morning of the 25th of August the prosecutrix came there, and stated she had lost her watch - the prisoner was taken off the parade, and searched in my presence, but no watch or duplicate was found; she then gave her address, "Parker, 16, Britannia-row, Islington;" she wrote it herself - this is it; I saw her write it.

MATILDA PARLETT . I gave him the address, but I did not write that - it is not my writing.

COURT. Q. Look at it; tell us whether it is your writing? A. Yes, this is my writing - but I thought if I could get the watch without my father's knowledge I would - I did not remember it before.

MR ADOLPHUS. Q. Who is Parker? A. They live at No. 16, Britannia-street; they are laundresses - I do not know what part of the house they occupy; I am not much acquainted with them.

MR. ADOLPHUS to GEORGE MILLER . Q. Have you made inquiries for them? A. Yes; there is no laundress of the name of Parker, there is one of the name of Sawyer; the prisoner has been ten years and a half in the regiment, and had a good character.

NOT GUILTY .

1769. SARAH BANKS was indicted for stealing, on the 30th of July , 1 sovereign, and 3 shillings, the monies of Frederick Timberman , from his person .

FREDERICK TIMBERMAN . I am a sugar-baker . On the 30th of July I was going home, at half-past one o'clock in the morning, from a public-house where I had been spending the evening; I met the prisoner and another woman at the corner of Lambeth-street ; they asked where I was going; I said, "Home, and it is almost time for you to go home;" the prisoner then put her hand into my pocket and took out 1l. 3s.; she went across the road - two other girls came round her; I saw her trying to make away with the money - the watchman caught her, and found some silver on her, but could not find the sovereign; I was sober.

Prisoner. I had been drinking at the White Lion public-house, and he came and asked if I would have any thing to drink; he called for liquor three times, and asked if I would take a walk with him - when we got out he said he had been robbed. Witness. I was at no public-house with her at all; I do not know how much money was found - the watchman is not here.

NOT GUILTY .

1770. ROBERT HIGGS was indicted for stealing, on the 4th of September , 2 spoons, value 1l. , the goods of William Wise .

ELIZABETH WISE . I am the wife of William Wise - we live in George-street, Islington . The prisoner lodged in our house a fortnight; I missed these two spoons out of the top drawer of a chest in my bed-room.

Cross-examined by MR. LEE. Q. When was this? A. Last Friday week; I let my lodging to a woman, who said she was a shoe binder, and the same evening the prisoner came, and was there the remainder of the time - I said the woman might have taken property, and given them to him to pawn; I cannot say when he had been at my house, but I have a side door which persons go in and out at - the prisoner came there on the Sunday after I missed them; I accused the woman of stealing them; I do not believe it was the prisoner.

COURT. Q. Had the young woman been at your house? A. Yes; I went on the Friday to put my little baby to bed, and missed them - I think I had seen them the morning before.

FRANCIS PARKER . This spoon was pawned with me on the 4th of September, by the prisoner; he said it was his mother's, and asked if I thought his mother was not possessed of a silver spoon.

Cross-examined. Q. Had you seen him before? A. Yes - he had been several times at the shop.

SAMUEL SHERWOOD . I am a pawnbroker. This spoon was pawned with me on the 4th of September, by the prisoner; he said it was for his mother.

ROBERT WORTLEY . I am an officer. I took the prisoner; the prosecutor charged him with stealing the spoons- he acknowledged that he pawned them, but did not say how he came by them.

The prisoner put in a written Defence, stating that the spoons were given him to pledge.

NOT GUILTY .

1771. MARY DOWNES was indicted for stealing, on the 12th of July , 28 sovereigns, the monies of Sarah Catherine Williams , her mistress ; and ALICE KELLY was indicted for feloniously receiving the same, well knowing them to have been stolen .

MR. LEE conducted the prosecution.

CELIA WINDER . I was at Mrs. Sarah Catherine Williams' house on the 3rd of July, and she being ill, I sent for a doctor: the desk was wanted to write a prescription - I took out of it twenty-eight sovereigns: I put them into a drawer, locked it, and gave the key to Mrs. Williams, who is not here - she is ill.

Cross-examined by MR. CLARKSON. Q. Is she married? A. Yes; her husband is out of town.

NOT GUILTY .

1772. JOHN HURLEY was indicted for stealing, on the 17th of July , 87lbs. weight of soap, value 2l. 6s., the goods of George Godfrey Holdsworth , his master .

GEORGE GODFREY HOLDSWORTH . The prisoner was in my service, as errand-boy ; he had lived with me five or six months the last time, but he had been with me two years before. On the 17th of July my wife sent him with a cake of yellow soap to Mrs. Marshall; I was at home when he returned, and said Mrs. Marshall liked the soap, and would have 56lbs. of it on the Tuesday following.

Cross-examined by MR. BARRY. Q. He had been a long time with you? A. Yes; I have a female servant - my wife frequently received money of the prisoner, and he has taken out goods in my absence; he has gone out with me to receive monies - we were on familiar terms; I have drank with him when we have been out for four or five hours - I did not miss any soap.

ANN HOLDSWORTH . I am the prosecutor's wife. On the 17th of July I sent a sample of yellow soap and mottled, to Mrs. Marshall, by the prisoner; he brought word that it was approved of, and she would have half a hundred weight of it on Tuesday - he did not pay me for any soap delivered to her.

Cross-examined. Q. Has he not, on other occasions, brought you money? A. Yes; I was not aware of any goods being sent out that day to any customers; there might be, but it was by my husband's orders - I had not given the prisoner general orders to take out goods; we have a book, in which we keep entries of the sales, but Mrs. Marshall never had credit in her life - I do not enter money received; I have often received money of the prisoner, but have accounted to my husband for it - I have not received money of the prisoner several days after, for ready money transactions - he was taken on the Saturday.

ESTHER MARSHALL . I keep a chandler's-shop. I received half a hundred weight of soap by the prisoner, on the 17th of July, for which I paid him, and said I would have another half hundred weight the following week, but I did not name any day; this is the bill and receipt.

Cross-examined. Q. Whose writing is this? A. The bottom part is the prisoner's; I have received bills before, but I do not know who wrote them; I have not particularly examined how the month was put - I know this delivery was on the 17th of July, and I remarked at the time that I could scarcely tell whether the month on the bill was June or July; I have dealt with Mr. Holdsworth for some time - I did receive the second half hundred weight of soap, but not from the prisoner.

ANN HOLDSWORTH re-examined. On the 17th of July the prisoner took a sample of soap to Mrs. Marshall's, and brought word back that she would have half a hundred weight on the Tuesday, but on the Saturday he was taken on another charge, and on the Thursday my husband called and asked when Mrs. Marshall would have the half hundred weight of soap, as he had not had an opportunity of sending it before, and she said, "I had one half hundred weight and paid for it - has not your lad given you the money?"

Cross-examined. Q. Whose hand-writing is this bill? A. The prisoner's; he made out bills of parcels sometimes - I have entrusted him to do it, but I have looked over him - he has received monies when I have receipted a bill and sent it out.

Prisoner's Defence. I received the order from Mrs. Marshall, and took the soap from my master's shop by my mistress' knowledge, and brought back the money - my mistress was very busy at tea with her sister.

ANN HOLDSWORTH . My husband was on the Jury here, and we had tea at four o'clock - he left home at near five; the prisoner did not leave my house.

JURY. Q. If you had sent the prisoner with the order you would have asked him for the amount on his return? A. Yes.

GUILTY . Aged 18.

Transported for Fourteen Years .

1773. ALEXANDER FAIRBAIRN was indicted for stealing, on the 19th of July , 1 file, value 5s., the goods of James Edwards , his master .

JAMES EDWARDS . I am a coach-spring maker , and live in High-street, Bloomsbury . The prisoner had been in my employ, but left me about four months before the 19th of July; I missed a great number of files, and have only found this one, which has my mark on it.

Cross-examined by MR. LEE. Q. He was not in your employ at this time? A. No; he used to look in as a shopmate ; he has been in my service off and on this seven years - he says he took this off my bench: it is usual for men, when they go out to work, to take rubbers and files; they might leave them, but I never knew it done.

THOMAS BURROUGHS . I bought a file for 6d. or 7d., but I cannot say it was of the prisoner.

Cross-examined. Q. Can you swear that is the file? A. No; I sold the one I bought to Welkes - my wife never purchased one of them, to my knowledge.

GEORGE WELKES . On the 30th of April I saw this file in Grub-street, and bought it of this man for 9d.

ROBERT JAMES . On the 17th or 18th of July this rubber was brought to the shop, and I detained it, knowing it to be stolen.

FRANCIS FAGAN . I took the prisoner on the 21st of July; he said he had taken it in a fit of drunkenness, and was very sorry for what he had done; the prosecutor asked if he had taken any more, and he said No.

GUILTY. Aged 45.

Recommended to Mercy . - Fined 1s. and Discharged.

1774. WILLIAM ELSBURY was indicted for embezzlement .

MR. SMITH conducted the prosecution.

WILLIAM DANBY . I live at Lambeth; my wife is in a lunatic asylum at Peckham, for which I pay the parish of St. Andrew, Holborn, 9s. a week. On the 7th of July I received a note from Mr. Wilks, saying he was desired to apply to me for the arrears of my money: and on the 10th of July, after tea, from half-past five to six o'clock, I sent by my nephew two sovereigns, to the best of my recollection - it was 2l.; I said to him, "Bill, take this over to the workhouse, and make haste back;" he returned between seven and eight o'clock, and said he had delivered the two sovereigns at the gate.

WILLIAM BANTING . I am nephew to the witness. On the 10th of July he gave me two sovereigns, which I took to Gray's Inn-lane workhouse , and gave to the prisoner, who was at the gate - he took a book down, as they generally do, and seemed to write something; he said, "That will do," I went home and told my uncle.

Prisoner. Q. Was it not three sovereigns? A. No - it was two.

JOHN WOOD WILKS . I am assistant overseer of the parish of St. Andrew, Holborn . The prisoner was the gateman , and was formerly a messenger; it was his duty to put down in a book any payments that were made, and to carry them to account. On the 10th of July I had a settlement with him, between ten and two o'clock - I received 2l. of him, which he had received from four or five persons, and gave him a receipt for it; I wrote several times to William Danby for the arrears due from him, but I do not recollect the day; the prisoner continued in his place us gate-man on Saturday, the 11th of July; and on Monday morning, when I went, the first thing I heard was that Elsbury was off - I sent down to the lodge for the book, in which I found this entry made."Danby, 2l.;" I never saw the prisoner write, but I have little doubt it is his writing; this 2l. has never been paid to me, nor to any one else, to my knowledge: the prisoner was paid so much per week for his attendance, and had an extra allowance of provision.

GEORGE STRIPLING . I am a watch-house-keeper. On the 17th of July the prisoner came to me, and said he came to give himself up, and he supposed I had heard what he had done - I said I had heard he had done wrong, but I did not know to what amount; he said to the extent of 40s. - he said he was sorry for what he had done, and he was a fool for it.

Prisoner's Defence. I leave myself to the consideration of the Court and Jury; it was a great error, but not done intentionally - I have had 20l. or 30l. to get change, and if I had intended to defraud, I could have gone off with it.

GUILTY. Aged 25.

Recommended to Mercy on behalf of the Parish .

Confined Two Months .

1715. WILLIAM VERRYARD was indicted for stealing, on the 5th of September , 1 bevil, value 2s.; and 1 plane, value 1s. , the goods of George Stockdale .

GEORGE STOCKDALE . I am a carpenter , and was at work at Eaton-square on the 5th of September. I lost a bevil and a plane from a house I had the key of; the prisoner was foreman in the employ.

Cross-examined by MR. LEE. Q. I believe you and the prisoner are old friends? A. No; he was foreman to Mr. Smith; he has not lent me his tools - he has none; he lent me a bead plane once - I never lent him any: I did go with him to Bartholomew fair, but not on the night of the robbery - I did not lend him these tools, nor go to my master to get him turned out: I have not said, "I have got master Verryard now, and I am d-d if I don't transport him." - I said, if I could find who had the tools, I would.

JOHN GRINDLEY . I am a pawnbroker. I have a plane and a bevil pawned by the prisoner; I have known him twelve months - he said his name was Verryard, and he lived in Chester-street.

Prisoner's Defence. I can safely say, with a clear conscience, that he lent me the tools to get half a gallon of beer, and he drank with me; when he came to the fair he spent his money with me - I left him at half-past ten at the top of Holborn, and little did I think that a man I had treated as a brother would be my prosecutor.

GEORGE STOCKDALE . I went to the fair with him the night afterwards: I paid for every thing I had there, and he paid for what he had - I never lent him these things, nor did I know it till one day I met his wife, and she said he had between 3l. and 4l. worth of duplicates - that led me to suspect him; all the other men's tools were gone.

NOT GUILTY .

1776. HENRY TURNER was indicted for stealing, on the 10th of July , 7 books, value 2l. , the goods of Robert Wilks .

ROBERT WILKS . I am a bookseller in Chancery-lane . On the 10th of July the prisoner came between five and six o'clock in the evening, and looked at seven volumes of Law Reports, which were in my window; he said he had a brother in the law, who he was pretty certain would be glad to buy them, if I would send them to an office he had in Leadenhall-street - I thought he was on no good, and wanted to get rid of him; he said if they were sent that evening, and I would call the next morning, he would settle for them - I then went out, and did not return till eight o'clock; my shop was then shut up.

Prisoner. Q. Did you not tell the boy to dust them? A. No; you remarked that they were dirty, and I said the boys could easily clean them - they might be put on one side for the purpose of being dusted - these are the books, and here is another book which I know nothing of.

THOMAS WOOD . I am shopman to Mr. Wilks. The prisoner came after Mr. Wilks was gone out, and said he was waiting for me to take the books down to his chambers in Leadenhall-street - I was not present at his interview with Mr. Wilks; I then went with him, and left the books at No. 25, in the East India chambers - he opened the chamber with a key, and opened a desk which he said he meant to put the books into; I did not return to my employer till the next morning, when he desired me to go anddemand the books: back - I went, and waited till the prisoner came; I said I came for the books to save me from any further noise - he said it was a fair bargain betwen Mr. Wilks and him, and his brother could not come to town that day; I went across the way, and saw the prisoner come out and go to Mr. Higham's - when he came out, I went there, and asked if he had come to sell or to buy books, and the books were on the counter; I told them to detain him if he came again.

SARAH HIGHAM . My father is a bookseller, and lives at No. 54, Chiswell-street. On the 11th of July the prisoner came there, about nine o'clock in the morning, with a porter, and brought these books, which are Dowling's Reports; he wanted 4l. for them - my father said he would not give that, as one of them was spoilt with ink; he then said he would take 50s. - my father said he would not have them till they were looked over, and he was desired to call at two o'clock; he said he could not call till four - he requested to have a few shillings, and we let him have 3s.; the witness then came in, and gave us information - the prisoner came at twelve o'clock, and we told him they were so much damaged he had better take them away, and return the few shillings; he said he had more to sell, and he would bring them - Mr. Wood came in, and he was detained.

JOHN LEWIS . I am a porter. I was employed by the prisoner to carry the books.

ANDREW WOOD WEST . I am a headborough. I took the prisoner when Mr. Higham sent for me - he asked where I was going to take him; I said to take him up - he wanted me to go to Mr. Wilks, and then to Hackney; I said I was not authorized to go any where - when we got to the corner of Bunhill-row he ran off, and I called Stop thief! a man ran against him, and I came up to him.

ROBERT WILKS . These are the books. I never intended he should have them, and had not sold them to him - they are labelled nine guineas.

Prisoner's Defence. I went to Mr. Wilks' shop to look at the volumes; he ordered them to be dusted, and said they should come that evening - I went in an hour after, and saw the shopman; I said Mr. Wilks had agreed to send them to my office - the shopman took them down; a person came, who looked at them, and said they were in so bad a condition they were not worth 5s. - under that conviction, and thinking Mr. Wilks would take less, I asked the low price I did for them; Mr. Wilks now says he did not intend I should have them - but he said I should, and he knew they were for immediate sale; Mr. Higham said they were worth nothing but for waste-paper, and wished me to take the covers off them.

LINDLEY JOHN HIGHAM . I did not say so - I had a suspicion, from the manner in which he took the 3s., that they were not honestly come by, and left word with my family to tell him to return the 3s., and take them away.

THOMAS WOOD . The name "Mr. Turner" is on the chamber door.

GUILTY . Aged 21.

Transported for Seven Years .

1777. EDMOND TOMS was indicted for stealing, on the 24th of July , 1 watch, value 10s. , the goods of James John Tyler .

JAMES JOHN TYLER . I am a working goldsmith . On the 24th of July I lost my watch from my house, No. 6, Great Chesterfield-street. Marylebone - I did not miss it till the next morning, when the woman it belonged to came and asked if it was ready; I then missed it from my work-board, where I had left it - I know the prisoner by his coming two years ago, and offering me some spoons, which I did not buy.

MARY ANN TYLER . Between six and seven o'clock that evening the prisoner came to sell a seal - he remained about a quarter of an hour; the shop-board was open to him at the time - I left the board while he was there, but we did not miss the watch till next morning.

DANIEL CARTER . I am in the service of Mr. Daniels, a baker, in South-street, Manchester-square. On the 1st of August the prisoner came up to me in George-street, and asked if I wanted to buy a watch - I said Yes, I was going to buy one soon; he took this watch from his pocket, put it into my hand, and said he wanted 7s. for it - I saw there was one of the hands broken, and it wanted a glass; I gave him 4s. 6d. then, and 2s. 6d. in the evening - I took it to Mr. Berquez to have it repaired.

FRANCIS BERQUEZ . Carter brought this watch to me on the 1st of August; it is worth 5s. or 6s.

PHILIP WEBSTER . I took the prisoner at his father's one morning - I told him I wanted him on suspicion of stealing a watch from Mr. Tyler; he denied it at first, and then said he had bought it of a gentleman's servant who was out of place, for 5s., which he had saved up.

GUILTY . Aged 12.

Transported for Seven Years .

1778. HENRY STANLEY was indicted for stealing, on the 7th of September , 1 handkerchief, value 6d.; 1 sovereign, 1 half-crown, 2 shillings, and 1 sixpence , the property of Robert Boyd .

ELLEN BOYD . I am the wife of Robert Boyd; we live in Star-court, Little Compton-street : the prisoner lodged in there on the 7th of August - he was sitting in my room that night; I pulled off my apron - there was a pocket in it, in which was a sovereign, a half-crown, two shillings, and a sixpence; I put the apron on a chair, close by where he sat - I went to get some coals; he put his hand into my pocket, and took out a handkerchief, which had the money tied in one corner - I was putting on the coals, I turned my head and said to another lodger, " James, Henry has got my money and handkerchief;" he said, "Yes, he is only gone into the yard - it is only a lark" - I staid a few minutes, but he did not return; he ran away - on the 9th I met him in Seven-dials; he had no money, but he had a good hat on, a pair of stockings, and a different handkerchief and trousers to what he used to wear.

Prisoner. Q. Did you not send me to Mr. Smith, to see if you had left any money there, where you had been drinking, and were brought home by a man and woman? A. No, nothing of the kind - I did not leave my home.

JAMES VAUGHAN . I lodge in this house. I saw the apron on the chair near the bed-side; the prosecutor had given me a sixpence out of the corner of the handkerchief where the sovereign and silver was; to fetch a pot of beer, about half-past ten o'clock, and then the prisoner took the handkerchief and went towards the yard - he made his escape, and never returned till we found him in Great Earl-street on the Wednesday.

FRANCIS MACE . I took up the prisoner. I found half a crown and some halfpence on him, a good second-hand hat on his head, and the trousers he has on.

Prisoner's Defence. I solemnly assure you I went to Bartholomew-fair with this woman's husband - he told me she was in the habit of taking all his money and valuables, wasting them, and then coming back to her old quarters; when he returned home that night he found her drinking in a gin-shop with her daughter - after I got home he chastised her, and then they went to bed with the witness; her clothes were in a chair by the bed-side- I heard some one touch the clothes, and her husband rose up and said, "Henry, Ellen is off;" he dressed himself and went out; he returned in the morning, and said he had found her in a watch-box with the watchman, and she had been circulating scandalous reports, which I do not choose to repeat - she came home; her husband and this man gave her a beating; she then desired me to go to the house of a person named Smith, to inquire if she had left any money there - I left the house without knowing any thing of the money; the trousers I have on were given me by a friend, and the hat I exchanged for an old one.

Prisoner to ROBERT BOYD . Q. Have you not stated that your wife has often left you, and that you found her and her daughter drinking after you returned from Bartholomew-fair? A. No, I did not; I did not see you after I entered the fair - we were going to have some supper when you came home; I found my wife at home - I did not return with any man and woman.

Q. Were not you, your wife, Sullivan and his wife, drinking in Smith's wine vaults that morning? A. No.

GUILTY . Aged 28.

Transported for Seven Years .

1779. JOHN SMITH was indicted for stealing, on the 10th of September , 6 skins, value 3s. 6d., the goods of Henry Lay Champlin , in a certain vessel, in a certain dock, adjacent to a port of entry and discharge, called the Port of London .

GILBERT DUNCAN . I am a Police-constable. On the 10th of September I saw the prisoner near the London-dock gate, about seven o'clock in the evening - he had six skins in his coat; I asked how he came by them - he said he brought them from New York, in the ship Cambria , in which he was a seaman ; I went to the Cambria, and the mate said they had nothing of the kind on board the vessel, to his knowledge, but they had that day been loading some skins from the dock.

WILLIAM JUDGE . I am a Thames Police-surveyor. I went on board the Cambria on the 11th of September - I found a cargo of bales of skins, and one of them was very loose, so that persons could pull the skins out; I brought it on deck, and went to the searchers, who came and examined the bale, and found the same sort of skins in it.

JOHN BLUNT . I am a searcher. I examined the bale, and found the same sort of skins in it.

JOHN COOKE . I shipped twenty-nine bales of skins on board the ship Cambria, for New York - these appear to be exactly the same sort.

SKINNER ROW . I am a clerk in the house of Row and Co - these skins were shipped from their house; we do not know the consignee, but the captain of the Cambria is Henry Lay Champlin.

JAMES THOMAS . I am a seaman on board the Cambria. I came from New York with the prisoner, but never knew of his having such skins as these.

The prisoner put in a written Defence, stating that he purchased the skins at New York, and had brought them home as a present to a friend.

GUILTY . Aged 25.

Judgment Respited .

1780. JOHN SMITH was indicted stealing, on the 11th of September , 1 writing-desk, value 18s. , the goods of William Bowden .

WILLIAM BOWDEN . I am a broker . On the 11th of September I missed this desk, about five minutes after I placed it on the table - the officer brought the prisoner back with it.

Prisoner. Q. Did not you say you did not know it? A. I said I would look and see, and then I missed it - I know the desk now.

WILLIAM HOLT . I was standing fronting the Sessions' House, about ten o'clock in the morning, and saw the prisoner running by with this desk; I took him, and asked the prosecutor if he had lost any thing; he said No; then he looked, and said, "I lost it from this table;" I took the prisoner to Hatton-garden.

Prisoner's Defence. A gentleman came up, and asked if I was willing to earn a shilling; he said, "Take this box to Islington," and told me to go on - I went about two hundred yards, and then this gentleman came and asked where I got it.

GUILTY . Aged 14.

Transported for Seven Years .

1781. JOHN KELLY was indicted for stealing, on the 10th of September , 4 shillings, 1 sixpence, and the sum of 6d. in copper money , the monies of Stephen Swain .

HANNAH SWAIN . I am the wife of Stephen Swain. On the 10th of September we lost 5s. out of the till, in our shop, in Chad's-place, Gray's Inn-lane - I went up stairs, a quarter before three o'clock, to fetch my baby down - I left no one in the shop; a person had been in the shop about two minutes before, and asked for change for half a sovereign; I looked, and had but 8s. 6d.; I then went up to get the child - it was cross; I just showed the child the garden from the window, and I heard the prisoner knock on the counter - I came down, and was struck with his appearance; he said, "How do you sell these apples?" I said, "Two for a halfpenny;" I gave him two; he gave me a halfpenny, and I put it into the till - he went away; I looked round to see if any thing was gone - I then drew out the till, and missed the money; I ran out with my baby, and called to him to come back - he set off running; I overtook him; I asked him for the money - he said he had no money, and had taken none.

JOHN BLAKE . I am an officer. I came up, and took the prisoner; the prosecutrix said she had lost five shillings - I found on him four shillings, one sixpence, 4 1/2d. in halfpence, and one penny piece - he said he had it of his sister, who lived at No. 82, Chapel-street, Somer's-town -I went there, but there was no such number.

Prisoner's Defence. I had but just got in the shop when she came down: I bought the apples, and went out; I heard a cry of Stop thief! looked back, and the prosecutrix came up - the money found on me I got at my sister's, at Somer's-town.

MARY KELLY . I lent the prisoner, who is my brother, five shillings, and pawned a handkerchief to make it up - this is the duplicate of it; I kept him twelve months after the death of his mother - I could not keep him longer, as I have a child.

GUILTY . Aged 22.

Transported for Seven Years .

Fifth Middlesex Jury - Before Mr. Sergeant Arabin.

1782. JAMES CONNELLY was indicted for stealing, on the 12th of April , 1 handkerchief, value 2s., the goods of John Charles Bicknell , from his person .

GEORGE WILLIAM HYAT . On Sunday evening, the 12th of April last, I saw a gentleman; Morgan and some other boys were near him, but I cannot swear to the prisoner as one - Morgan took a handkerchief from the gentleman, and put it behind him; in five minutes I saw him cross Coventry-street - he was taken; he said he did not take it, and he would go to the boy who had it.

JOHN HARRIS . I am a plasterer. I saw the mob -Morgan told me to go to Jem Connelly , in Peter-street, and he would give me the handkerchief - I went to the prisoner, and he gave it me.

THOMAS GOOK . I received charge of Morgan, who was tried, and transported for life - Harris brought me the handkerchief, and I was ordered to take the prisoner, but he was out of the way till last Monday.

NOT GUILTY .

1783. JOHN HEWITT was indicted for stealing, on the 13th of August , 1 feather bed, value 2l. 10s.; 3 blankets, value 9s.; 2 sheets, value 5s.; 1 candlestick, value 1s. 6d., and 1 flat-iron, value 6d. , the goods of John Craft .

SARAH CRAFT . I am the wife of John Craft - we live in Gloucester-court, Whitecross-street . I let a lodging to the prisoner's wife - he lived there with her; they came in June, and left in August - they owed one week's rent - I missed the articles stated, and have only found one pair of sheets.

CHRISTOPHER DEER . I am a pawnbroker. I have two sheets pawned by a female, in the name of Davies.

ROBERT LOCK . I am a constable. The prisoner was taken before the Alderman, but being a county charge, it was given to me - I asked where the woman's bed was, and he said, "It is where you can't get it;" I found the duplicate of these sheets at his lodging.

Prisoner's Defence. I did not have them.

GUILTY . Aged 19.

Transported for Seven Years .

1784. JAMES HATTON was indicted for stealing, on the 10th of September , 4 candlesticks, value 4s. , the goods of Mary Smith .

EDWARD SMITH . I am a publican - I keep the Two Brewers, in Bunhill-row . About one o'clock, last Thursday, the prisoner was going out; I went, and found two candlesticks in his pocket, and two in his hat - they belonged to my mother, Mary Smith .

THOMAS EARLE . I was passing, and saw a mob - I took the prisoner - the prosecutor produced two candlesticks, and I found the other two.

The prisoner received a good character.

GUILTY. Aged 40.

Recommended to Mercy . - Confined Seven Days .

1785. JOHN HILL was indicted for stealing, on the 14th of July , 4 plucks, value 9s., and 1 sheet, value 1s. , the goods of Henry Caton .

HENRY CATON . I am a butcher , and live at Blackmore, in Essex. On the 14th of July I had four plucks and one heart, to go to Monday, Venables, and Co.; I sent my man with them in a cart.

WILLIAM REYNOLDS . I am servant to Mr. Caton; I received the plucks from him tied in a wrapper - I lost them just below Mile-end-gate .

THOMAS JEVANS . I am a watchman. On the 14th of July, at three o'clock in the morning, I saw the prisoner in company with two others with a bundle, in Collingwood-street; I pursued them - they made their escape to Northampton-street; I came back, and examined a yard where I had a glimpse of the bundle going over, and found the plucks - I know the prisoner, but he had not the bundle; I did not see the cart.

NOT GUILTY .

1786. JOHN DONALD was indicted for stealing on the 10th of September , 1 book-stand, value 1l. , the goods of Stephen Law .

The witnesses did not appear. NOT GUILTY .

1787. ANN BAKER and WILLIAM THOMPSON were indicted for stealing, on the 20th of June , 4 bedsteads, value 8l.; 4 beds, value 8l.; 4 bolsters, value 1l.; 8 pillows, value 1l.; 4 sets of curtains, value 5l.; 3 tables, value 5l.; 2 chests of drawers, value 4l; 10 chairs, value 4l.; 4 mattresses, value 4l.; 1 palliasse, value 10s.; 8 pairs of blankets, value 2l.; 1 desk, value 1l.; 60 knives and forks, value 2l.; 2 sets of fire irons, value 10s.; 40 yards of carpeting, value 4l.: 20 brass rods, value 20s.; 1 fender, value 10s.; 1 tea urn, value 10s.; 1 coffee biggen, value 10s.; 6 pairs of sheets, value 3l.; 1 sofa, value 2l.; 1 pair of pantaloons, value 5s.; 1 hat, value 2l.; 2 shirts, value 6s.; and 12 books, value 2l. , the goods of Henry Provis .

Messrs. ADOLPHUS, PRENDERGAST, and DUNN conducted the Prosecution.

HENRY PROVIS . I live in Buckinghamshire, and am an architect and engineer . The house No. 37, George-street , is mine - I let it furnished to the female prisoner; the rent had been 60l. per year unfurnished, and was to be 70l. per year furnished: and to commence at Christmas, 1826- I went into the country, but frequently returned to town.

COURT. Q. Was the furniture in it your's? A. Part of it was mine and part Baker's; in return for her services, I had furnished one room, which was to be her's - the furniture of that room might be worth about 10l.; the other furniture in the house belonged to me, and was worth about 60l.

MR. PRENDERGAST. Q. You returned at various times? A. Yes, and every thing was quite right up to the 7th of February, on which day I left town; I returned again on the 28th of July - the house was shut up; I knocked some time at the door and could not get in, but one of the windows was open - some one got in and opened the door; the house was stripped of every thing but the kitchen poker - there had been some books in the kitchen, which were my own property; there were some clothes which I had worn when I had been in London - there was all the articles stated in the indictment gone, and many more; I have seen a table and some other things since.

Cross-examined by MR. CLARKSON. Q. Are you married? Yes; I have no one who was present when I let the house to Baker - she had lived in my service, at different times, perhaps for six years, partly in London and partly in Buckinghamshire: she was my housekeeper - I think there were six bedsteads in the house, and four were mine - I have no one here of whom I bought any of them, or who saw them in my possession; the male prisoner lodged there - my agreement was, to have a bed in the house when I came to town, provided there was a spare one; and she was to provide me with food - I generally lodged in the attic; I was not there long at a time - I have been there while the male prisoner lodged there; I have taken tea with him - there was a large mahogany table which I had let with the house, in the room he occupied; I bought it at a sale of Mr. Howard, in Judd-street - the female prisoner did not buy the articles I call mine; that I deliberately swear - she, perhaps, accompanied me to buy half of them; but, upon my oath, I did not give them to her - I have sent her food, but not for her to know who sent it.

MR. PRENDERGAST. Q. Have you seen any of your articles in the possession of Robert Davies ? A. Yes; the kitchen table, at which I have repeatedly written, and a chest of drawers - I sent her food in prison, because I heard she wanted it; she said she was starving.

BENJAMIN LAMB . I am a surgeon. About March last, I was about to purchase a piece of furniture; Mrs. Baker told me she did not know a cheaper place than Oxenden's rooms in Oxford-street - I said I was not aware that any articles of value were sold there; she said Mr. Provis bought the furniture there which belonged to him - and Thompson observed, that very good articles were sometimes to be got there as bargains, but that entirely depended upon the attendance or non-attendance of Jew brokers - the furniture was removed from No. 37, George-street in June or July; I understood, she spoke generally of the furniture of the house - I did not understand it meant all the furniture of the house; I knew she bought some herself - after the furniture was removed, I assisted in apprehending the male prisoner; he begged and entreated to be let go - I would not, and he ran away; he was taken to the watch-house, and produced a receipt for the furniture, having purchased it of the other prisoner.

Cross-examined by MR. CLARKSON. Q. Then your only occupation is not that of a surgeon, you take thieves? A. I give them to the officer - I cannot tell of any one article of furniture which she had purchased: I only knew by what she said to me that she had purchased some - I attended her when she was ill; I had no hostile feeling towards either of the prisoners - I had some legal proceedings with Baker for my expences as a surgeon; I do not exactly know the amount of my bill - the debt stands as it did; I knew Thompson to be the person against whom the warrant was issued - I saw him in the street, and apprehended him; I never did such a thing in my life before - I live at No. 17, Carmarthen-street; I do not know that Baker had ever sold these goods as her own - I do not know her hand-writing.

MR. DUNN. Q. Is Mr. Provis a friend of yours? A. Yes, I have known him some time - I saw one load of the furniture handed out of the passage of the house to the carman; I endeavoured to find Mr. Provis' address - I was three days finding it out, and before I could write he came to town.

ROWLAND WILLIAMS . I am a surgeon in Carmarthen-street - Mr. Lamb resides with me; I have been at the house of the prisoners - I was there in the beginning of June; I had some conversation with Baker - I told her that the other prisoner had circulated a report that the furniture was his, and that it was very wrong such reports should be circulated, for very likely, as he was in some difficulties, an execution would be put in, and it would be taken - she said if any thing of that kind happened she would send to Mr. Provis, and be would trounce them, for the furniture was his.

FRANCES SMITH . I lived as servant at the house - Mrs. Baker was my mistress; Thompson occupied the front and back parlour in the latter end of June - the whole of the furniture was removed by Thompson's direction; he sent it away in a cart - I saw him assist in the removal; there were some books which were tied up in a cloth, and sent away by him - the clothes were all tied up and sent away; the bedsteads, chest of drawers, and other things were put into the cart - Baker was not present when the whole of it went away; I remember Skinner was one of the carters.

Cross-examined. Q. Did you attend the first examination? A. Yes; I saw Thompson at Marlborough-street, and asked him if he would pay me my wages - he told me he had no money, and could not pay me; I gave evidence after that, but I should have done so if he had paid me - I did not know Baker was in difficulty; I knew there was to be an execution in the house - I did not know the goods were removed to avoid the execution; I was present when the Sheriffs' officer came - I do not know when it was; I did not leave the house till the goods were removed - the surgeons did attend me; I think the goods were removed the same week that the Sheriffs' officer came - I think it was within two days; I know they were removed to avoid the execution.

MR. PRENDERGAST. Q. Why do you know it? A. The officer told me so - he did not call himself a Sheriffs' officer; he asked for Mrs. Baker - that is all I know; I do not know what he was, and Thompson did not say.

MR. CLARKSON. Q. Upon your oath did not this gentleman come to the house and produce his warrant to seize? A. I do not know; he offered me a paper, but I did not know what it was - I did not know the man.

MR. PRENDERGAST. Q. Were your wages paid when you left the house? A. No; I did not see Thompson till he was in custody - I did not propose that if he would pay me I would not give evidence; some proposals have been made to me by Mr. Wallis, who is not here.

JAMES PARROTT . I am a carter; I know Thompson. In June last my master, Mr. Skinner, sent me to No. 36, George-street, to remove some things - I went in the morning, between ten and eleven o'clock, and twice afterwards in the day; I saw Thompson, the servant, and an elderly woman - I took the goods, which consisted of chairs, tables, and other things, to a coffee-shop at the corner of Grafton-street; Mr. Thompson sent me on, and followed the cart - when I got to the corner of Grafton-street I put the things down by the railings: another cart came and took some of them - Thompson was present at the time; I took a large table to Mr. Chapman's, a pawnbroker, by Thompson's order - he said it was paid for; I removed two other loads in the course of the day - Thompson was present, I acted under his orders - he told me he was going to take them to a sale the next morning; he did not say whose they were.

GEORGE CHAPMAN . I am a pawnbroker, and live at No. 30, London-street, Fitzroy-square. I received the table; Mr. Provis saw it, and claimed it - Thompson came to my shop, said he had a table to dispose of and wished me to go and see it - he gave me the number of the house in George-street; I went, and saw him there - he said from some pressing circumstances he wished to sell it; he did not state any particulars, and I bought it.

Cross-examined by MR. CLARKSON. Q. Did not he tell you an execution was expected every day against the woman? A. I saw no woman, and cannot tax my recollection as to whether it was said.

JOHN WALTON . I keep a coffee-shop, at No. 11, Grafton-street, Fitzroy-square. Thompson came to me, and said he was a house-agent and broker ; he asked if I had any place in which he could put some things for a few days - I told him I had a place at liberty; he brought some things, and put them in my kitchen - this was about the beginning of July, I think; he was a stranger - he did not say he had any thing to sell; he brought some things, and took them away in two or three days; I saw bedsteads, and, I believe, a chest of drawers, but there were a very few things - they remained three or four days; the carman is here who took them away; I saw one parcel of them taken away, but I was obliged to go out - Thompson was present, and the carman; that was all I saw.

Cross-examined. Q. Do you mean that Thompson was present? A. To the best of my knowledge he was there; I think I saw him.

ROBERT DAVIES . I live at No. 27, Little Pulteney-street. I bought a chest of drawers, a large deal table, and a few more things of Thompson - the prosecutor has seen them and claimed them; he did not say whose they were.

Cross-examined. Q. You did not hear from him that it was removed to avoid an execution? A. No - I went to Meard's-court, and there I bought them; Thompson appeared to be the occupier of that place.

JOSEPH SKINNER . I am master of the carman who has been examined. Thompson came to me, and I sent my man: he came for him again, and I sent him again; in about a fortnight I was going down George-street - he came and said he wanted a cart, could he have it; I said Yes - I drew up to the house, and took out a bedstead; Baker was in the kitchen, helping us up with it; I did not wait, but sent for my man, who took them.

Cross-examined. Q. Did you hear of any execution against the goods? A. I heard nothing at all, but by seeing the cart loaded in such a bustle, I thought there was something very queer in it.

MR. PROVIS re-examined. I went to Mr. Davies, and saw some property, which was mine; I had let it in the house to the female prisoner - I saw the table shown by Mr. Chapman; that was a part of it.

Cross-examined. Q. Was there a coffee-biggin? A. No; I found nothing portable; there were two large tables and a chest of drawers - I know the woman has bought goods, and put them in the house; I do not know whether she bought a chest of drawers or a deal table, but the table I saw was my own - I do not know whether she was in any difficulty; I never saw her from the 7th of February till she was in custody: all I know about the man, is that he was a lodger in the house - the lodging was furnished, and was let to him by the other prisoner; he might take her for the owner of the house.

MR. PRENDERGAST. Q. Have you yourself had any conversation with him, as to who was the owner? A. No - the property she bought was bought with my money partly, which I owed for wages; I think it was legally hers but morally mine; I was to allow it her in the rent.

COURT. Q. Did you know of any execution? A. No- I have heard of such a thing since I have been in town, but I know nothing of it.

MR. CLARKSON called -

LAURENCE NATHAN . I am an officer of the Sheriff of Middlesex. I had this warrant in my possession; before I received it I had this warrant in my possession; before I received it I had been to No. 36, George-street, for the purpose of arresting Thompson. I saw this servant, and told her my object; I saw Baker, and told her the same: this warrant is dated the 28th of July - I went to execute it two or three times, but the house was closed; when I went there first the house was fall of goods, but when I entered with the warrant there were no goods on the premises; I endeavoured to follow them, but could not find them - the warrant is against William Thompson and Ann Baker - if I had found any goods I should have seized them, and sold them; I remember being in the Court of King's Bench; I arrested Thompson, and he offered Baker as bail to me - she offered to become bail for the man: I asked if she was a responsible person, and could pay the money, if he should fix her, and she said Yes, her furniture in her house in George-street would pay it.

BAKER - GUILTY. Aged 43.

Recommended to Mercy by the Prosecutor .

Confined Twelve Months .

THOMPSON - GUILTY . Aged 47.

Transported for Seven Years .

1788. MARY BROWNE was indicted for stealing, on the 28th of July , 1 trunk, value 12s. , the goods of Adam Margatroyd .

ADAM MARGATROYD . I am a trunk-maker , and live at Knightsbridge . I lost a trunk from my door on the 28th of July; I followed the prisoner, and took her with it, about two hundred yards off.

CHARLES THOMPSON . I saw the prisoner take the trunk from the door, and gave information - she was taken.

The prisoner pleaded poverty.

GUILTY . Aged 35.

Transported for Seven Years .

1789. THOMAS JOSEPH ADAMS was indicted for stealing, on the 8th of September , 1 coat, value 10s. , the goods of Joseph Lawton .

JOSEPH LAWTON . I am a porter at Mr. Stevens', in Tottenham-court-road. I slept with the prisoner in the back parlour of a lodging-house - on the 8th of September I missed my coat, which I never permitted him to take - he denied knowing any thing about it.

JAMES ALDONS . I am a pawnbroker. This coat was pawned on the 8th of September - I cannot say by whom.

THOMAS DUKE . I am a patrol. I took the prisoner, and he produced this duplicate, which led me to the place.(Property produced and sworn to.)

Prisoner's Defence. I meant to bring it him before Saturday night, when he came home, and saw me - he said if I would give him up the duplicate he would say no more about it.

GUILTY . Aged 18.

Confined Six Weeks .

1790. MARGARET WATSON and JANE BATNER were indicted for stealing, on the 7th of September , 11 sovereigns, the monies of Thomas Webb , from his person .

THOMAS WEBB . I am a seaman of the Maitland. On the 7th of September I had eleven sovereigns and 7s. - I got drunkish, and do not know what happened till I awoke, and found myself in bed with Watson, at No. 2, Shadwell-market ; it was day-light - she asked me to get something to drink; I put on my trousers, came down, and she showed me some money in her hand - I had received my money in the dusk of the evening, but I do not know any thing about meeting the prisoners; I missed my money when I got up stairs, after having something to drink.

ELIZABETH TURNER . I keep the White Lion. Batner came on the Monday evening to me, and Watson followed her, and gave me two sovereigns to keep; Mrs. Scott, who is a witness, was quite drunk outside - she cannot be found now. NOT GUILTY .

1791. WILLIAM JORDAN was indicted for stealing, on the 5th of August , 1 canvas bag, value 2d., and 4 sovereigns, the property of Joseph Pigg , from his person .

The prosecutor did not appear. NOT GUILTY .

1792. ELIZA JONES was indicted for stealing, on the 10th of September , 6 sovereigns, the monies of Andrew Oliver , from his person .

ANDREW OLIVER . I am a seaman of a merchantman . On the 10th of September, at half-past ten o'clock at night, I met the prisoner at No. 1, Dock-street - I went home and agreed to stay all night with her; I was sober - I had eleven sovereigns and 24s. 1d. in my trousers pocket; she put away my trousers at the head of the bed- I am sure the money was in them; in the morning she said she was very bad, and wanted to go down stairs - I told her not to stop long; I then looked into my pocket, and six sovereigns were gone; I do not think the door was locked when we went to bed - I have not seen my sovereigns since; I am sure the prisoner is the woman - she did not return.

Prisoner. He dropped 12s. 6d. on the bed - I took it up, and put it into his hand; that was all the money he had. Witness. There were 14s. dropped out of my jacket-pocket, but the gold was in my fob.

MARY WILLIAMS . I live in this house with the prisoner, in Dock-street. On the 10th of September she brought the prosecutor home - he appeared sober; at half-past three o'clock the next day the prisoner told me she had been shopping, and had bought a pair of shoes for 5s., a pair of shoes for a child, and a black bonnet - she then said she meant to go down to her grandmother, and leave her her money to take care of till Saturday, when she meant to go to Chatham; I did not see what money she had; but she said the shoes cost 5s., and the child's boots 5s. - I do not know what the bonnet cost; the prosecutor afterwards came into my room, and the prisoner turned her back to him; he then went away, and she said, "He don't know me again," and burst out laughing - I said, "I don't suppose he does know you?" we were having tea together at the time - as soon as he was gone, the prisoner and another girl got up and ran away; they sent me word in an hour that they were going to a raffle, and could not come back to tea.

ADAM HIGH . I am a Thames Police-constable. I went with the prosecutor to Dock-street - he pointed out the prisoner, who was standing in the street; I took her, and said she was charged with robbing a man of six sove reigns; she said, "You are mistaken, I don't lodge in this street," and affected not to know the prosecutor - I took her into the house - she said she did not live there; I found a new bonnet on the bed, and she had a new pair of shoes on her feet - I asked whose bonnet it was; she denied all knowledge of it, but the next morning she said it was not a new bonnet, she had fetched it from the scourers, or something.

Prisoner. I did not tell you I did not know the man; I said I got the bonnet from Queen-street, but I did not know the woman's name - I never told Williams I had any money; I bought these things, but I pawned a handkerchief and a gown to do it.

The prisoner put in a written Defence, stating that the prosecutor had counted all his money, and seen it safe before she left him. GUILTY . Aged 18.

Transported for Life .

1793. MICHAEL BARRY was indicted for bigamy .

The prosecutrix did not appear. NOT GUILTY .

1794. JOHN MACKLIN was indicted for stealing, on the 8th of September , 4 loaves of bread, value 2s., the goods of Jabez Thurgood , his master .

JABEZ THURGOOD . I am a baker , and live in Old-street - the prisoner was in my employ for three weeks or a month. On the 8th of September my brother sent him out with a lot of bread.

JOHN THURGOOD . I am the prosecutor's brother. On the 8th of September, I gave the prisoner sixteen loaves to take to Mr. Selwin, in Golden-lane ; I went the next morning, carried the bread myself, and found but twelve booked - they keep the book, but the prisoner books the bread; I know this to be the prisoner's writing - I do not know what became of the other four: he knew the book would be seen - he was discharged the next day.

JABEZ THURGOOD . I discharged the prisoner for another offence; I did not speak to him on this subject.

JAMES HAWTHORN . I was applied to, and took the prisoner; he said the reason he kept the loaves, was his master not paying his wages.

Prisoner's Defence. I deny it; I met a man the night before, who said Mr. Thurgood had been accusing me of stealing eight loaves - I went home, and asked Mr. Thurgood if he had said such a thing; he said No: I went on the 8th of September to the shop, and was to take sixteen loaves, but we had not much bread, and I took but twelve, and booked twelve in the shop.

JABEZ THURGOOD . I have known him eight or nine years - he bore a good character; I paid him all up on the Tuesday evening - he did come back, and said he understood he was accused of robbing me.

NOT GUILTY .

1795. JOHN MACKLIN was again indicted for stealing, on the 8th of September , 4 loaves of bread, value 2s. , the goods of Jabez Thurgood .

JABEZ THURGOOD . On the afternoon of the 8th of September, I put sixteen loaves of bread on the board, and sent the prisoner to the same place; he only delivered twelve - he came back intoxicated; I paid him and discharged him in about two hours; here are only twelve entered in Mr. Selwin's book, and I am sure I gave him sixteen: I am sure he took sixteen, and took them all at once - he was not to go to any other customer, and brought none back.

Prisoner's Defence. My master put down sixteen - I delivered them on the shelves; I did not count the bread.

SAMUEL SELWIN . I keep a chandler's shop. On the 8th of September the prisoner brought me twelve loaves, and no more - I saw him write the number in my book.

GUILTY . Aged 18.

Confined One Month .

1796. THOMAS SIMPKINS and CHARLES SMITH were indicted for stealing, on the 3rd of September , 1 saddle, value 30s. , the goods of George Houghton ; and STEPHEN SERJER was indicted for feloniously receiving the same goods, well knowing the same to have been stolen ; against the Statute.

SIMPKINS pleaded GUILTY . Aged 21.

Transported for Seven Years .

GEORGE HOUGHTON . I live in Harford-street, Mayfair . On the 3rd of September, Smith, the prisoner, came to me, and said he came from John Watson (whom I knew) to borrow a saddle - I objected to let him have it; he returned in ten minutes, and said if I would lend it to Watson he would use it for his own riding - I let him have it for Watson; it was to be returned by twelve o'clock the same day - I saw Watson the next day, and asked him why he had not returned the saddle; he said he had never borrowed it - Watson is not here.

WILLIAM SPINDLER . I am a general-dealer in saddles and harness. On Friday week a message was left for me to go and look at a saddle at No. 9, Hart-street - I met Webster, and said "I am going to look at a saddle, there was one lost out of the park, perhaps it is it;" I went there and asked the man in the shop if there was not a man who had a saddle to sell, he said go to the first-floor- I went up, and the woman said "My husband is gone out and has got the saddle;" I went back to my house and heard that it had been there - I went to the Duke of Wellington public-house, and saw Serjer, and another man who had the saddle; Serjer said, "It does not belong to me, it balongs to a man named Smith - I want 36s. for it;" I told Webster.

PHILIP WEBSTER . I am an officer. On the 4th of September I went and saw Serjer with the saddle - he said he bought it of a man named Smith, but he did not know where to find him; I took him - he was examined the next day; some of his friends looked out for Smith, and said he was at a public-house - I went and said, "Is your name Smith?" he said "Yes - I gave the saddle to Serjer, and I received it from Simpkins;" I took him to the office - Simpkins said he was the person who applied for it under false pretences.

Smith's Defence. I never knew where the prosecutor's shop was; I met Simpkin, who asked me if I knew a person who would buy an old saddle which he had cleaned up, as it had got mouldy - I said I knew Serjer, and took him to him. NOT GUILTY .

OLD COURT.

SIXTH DAY. WEDNESDAY, SEPTEMBER 16.

First Middlesex Jury - Before Mr. Sergeant Arabin.

1797. WILLIAM SPONG was indicted for stealing, on the 2nd of September , at St. Pancras , 1 watch, value 30s.; 5 gowns, value 3l.; 3 petticoats, value 6s.; 4 pairs of - stockings, value 4s.; 4 handkerchiefs, value 9s.; 2 shifts, value 6s.; 1 sheet, value 6s.; 1 brouch, value 5s.; 1 spoon, value 2s., and 1 waistcoat, value 2s., the goods of Mary Ann Bird , in the dwelling-house of Margaret Jones , widow .

The prisoner pleaded GUILTY - DEATH . Aged 26.

1798. JOHN BOYCE was indicted for feloniously assaulting Thomas Gardner Niner , on the 24th of July , at St. Luke, putting him in fear, and taking from his person, and against his will, 1 watch, value 1l., his property .

THOMAS GARDNER NINER . I am clerk and warehouseman to Messrs. Wood and Co., of Wood-street Cheapside. On the 24th of July, at near twelve o'clock at night, I fell in with a woman - she was a stranger to me; she accosted me, and I eventually accompanied her home - she took me to Chequer-alley, Bunhill-row ; she appeared to be a girl of the town - I was not tipsy, but a little elevated; I had been supping with a friend - I had my senses about me; I went to bed with her - I could not go to sleep, for I fancied I heard a noise in the room; it was an up stairs room - I think it was two pairs of stairs; I am almost certain of that - at last a man made his appearance before me from a cupboard; it was rather a large room, fifteen or sixteen feet long, I should think - when the man made his appearance the woman was in bed with me.

Q. When you first went into the room with the woman, did she bolt the door? A. She locked it, and she did not get up to unlock it - I had not been asleep at all; the man made his appearance from the cupboard, suddenly - it was the prisoner; I had been in bed about an hour or an hour and a half, and am quite positive nobody had opened the room door - I was undressed, and in bed; as soon as the prisoner made his appearance, I jumped out of bed; before he spoke to me - he said, "D - n your b - y eyes (or something of that sort) what do you do here with my wife?" I desired him to do me no bodily harm -I am not certain that I used the word bodily; I said this in consequence of his using these threatening expressions, and from his manner - I was very much frightened at the time at his manner and his words - he then nailed the window with a hammer and nails; it was a sliding window - he had a hammer and nail there; he then said if I made any resistance he would call those to his assistance who would use me ten times worse than he would, and that he could have plenty to his assistance; he said he would call his brother to his assistance, who would use me worse than he would, or could - the woman at this time was sitting at the foot of the bed; he went to the cupboard which he had come out of, and wetted a knife - I did not see the knife, but it had the sound of a knife; this alarmed me very much - there was no light in the room; it was daylight at the time.

Q. When he was nailing the window down, or during the time all this was going on, did he threaten you at all? A. He threatened me very much, by saying several times that he would use me ill by calling his brothers to me - he said that several times; he asked me if I could give him money - I told him I dare say I could get a friend; in fact, he asked me, when he found I had very little about me, if I could get a friend to advance me some -I had a watch in my possession; during the time I was in bed, it was in my hat, which was close by the bedside; on the chair; I dressed myself before any thing was said about the watch - when I was dressed, he said,"Leave your watch."

Q. Did he say that in a threatening manner? A. He did; I told him I valued the watch very much, but it would not be of much value to him, that he had better take what money I had and let me go; he did not take my money - I took the money in my hand and offered him - it was only 3s.; he said it was only 3s., and refused it; he made another request for my watch, and said if I did not give it up he should take other means to make me, or he should call his brothers, who would soon set me to rights, or something to that effect; I gave the watch up to him through fear from those threatenings: I had taken it from my hat and put it into my pocket; I took it from my fob, and gave it to him with my hand, through fear.

Q. You gave it out of fear from this threatening language; his whetting the knife, nailing down the window, and saying he would call his brother, who would use you worse, is that true, on your oath? A. That is true - when he first appeared at the foot of the bed I do not think he asked if I had any money; he unlocked the door and let me out; the woman was a perfect stranger to me; I had made no bargain to give her any money, but I gave her, I think, 2s. in the room; I had no intention of stopping all night; I went and gave information directly; the prisoner is the man - he was taken up in about an hour, and my watch found on him; I parted with it in consequence of fear.

Prisoner. Q. Did you give the watch into my hand? A. I did; I did not first offer to send the watch to pledge, nor offer you 50l. not to expose me to the public.

Q. Did I not tell you to be cautions under what circumstances you gave me your watch, as you valued it? A. You told me, provided I would return at ten o'clock with a sovereign, you would return me the watch; I did not authorize him to pledge it.

Q. What was the terms you gave me the watch for? A. Through fear; I was not treated with hospitality in the room; I was treated most shamefully - you did produce to me a paper which you said was the certificate of your marriage; he took it from a box, and said it was the certificate of his marriage.

JOHN BROWN . I am an officer. The prosecutor came to my house a little after six o'clock on Friday morning, and informed me he had been robbed of his watch - I went to the house he pointed out in Chequer-alley, and went up two pairs of stairs - he gave the account he has now; he was in a very agitated state; I went up stairs to the room; the prosecutor was with me - the room was locked, and nobody in it; I obtained a key of the landlord, who lives but a few doors off - and while I was in the room searching for the property, I heard footsteps on the stairs, and the prisoner made his appearance; the prosecutor said,"That is the man who has robbed me;" I laid hold of him, and he immediately produced the watch from his pocket with a view to give it to the prosecutor; he presented it to the prosecutor as I caught hold of him, but I prevented his giving it to him.

Prisoner. Q. Did you not ask me when I entered the room where the man's watch was? A. You did not give me the opportunity - you pulled the watch out of your pocket before I could hardly get hold of you; the moment you showed your face on the top of the stairs, the prosecutor said "This is the man that robbed me;" the prisoner heard that, and it was after that he gave up the watch; I received it and took him to the office.

Prisoner's Defence. On the 24th of July, I came home about a quarter to one o'clock, and on my arrival, found the door open; the prosecutor swore it was locked and bolted at the office - I went in - this man started from the bed; I asked who he was, and what he did on my premises - he said he was seduced there by the woman; I said it was impossible, and that the woman was my wife - he said that could not be; I said it was so - he begged for mercy; and asked if I would permit him to put on his clothes - I said I would, provided he had no injurious implement about him - he asked if I would search him; I said No, I would take his word, and he dressed, placed himself in a chair, appeared very agitated, and crying out about his woman and child - he pulled from his pocket a small parcel containing a child's frock or pelisse, and said he would give me 50l. not to expose him, as he would lose his situation, and offend his wife; I staid in the room some time, then undrew the curtain - my wife placed herself near the window, and having occasion to go down stairs, I took a small brad and nail to fasten the window, which was a little open when I entered the room; I went to the cupboard to strike a light with a flint and steel, to light the fire, and the prosecutor represents that as a knife - I went down stairs, came up again in five minutes, and found him, and the woman both by the window, he blaming her for bringing him there; I then considered he had been seduced there - he begged of me to let him go; pulling a small sum of money from his pocket, asking if that and his watch would do - he asked me to pledge the watch, and asked if he could place confidence in me, and leave his watch with me till he returned; I asked what he was going away for - he said he wanted to speak to a friend; I said I was determined to look into this - he then pulled his watch from his pocket; I believe it had before been in his hat - he laid it on the table, and asked me again if he could place confidence in me, and leave it with me- seeing he had been led into an error, I said I had no objection to take care of it till he returned; he was going away - I told him to be cautious, as the neighbourhood was a bad one; I gave him a card, he wrote my address on it with pencil, and went away - he was to come to me at twelve o'clock; I went out, walked about for ten minutes, and on returning, the female was gone - I took the watch from the box, put it into my fob, and walked about looking for the female; I could not find her, and on coming back, found Brown in the room - as I entered, the prosecutor said, "This is the man;" Brown asked me"Where is the man's watch" - "Here she is" said I, pulling her out of my pocket; the prosecutor seemed inclined to take it, but Brown pulled it out of my hand. I hope you will take it into your serious consideration, and treat me with impartiality.

THOMAS GARDNER NINER re-examined. Q. Is it true that you gave him the watch to prevent his exposing you to your wife? A. I can only say I gave it him, through fear, and from no other account whatever; I did not say any thing to him about hoping he would not expose me or tell where I had been - how could I expect he would see my wife, when he did not know me; there is not a word of truth in what he has said.

GUILTY - DEATH . Aged 30.

Second London Jury - before Mr. Justice Gazelee.

1798. RICHARD HUBAND JONES , THOMAS THOMAS MAYNARD , and JOSEPH WILLIAM WEST were indicted for that they, on the 18th of April , at St. Dunstan in the East , feloniously did cause and procure to be falsely made, forged and counterfeited, a certain false, forged and counterfeit warrant, for payment of money , which is as follows:

Custom House, London, 9th April, 1829.

Whereas the Collector and Comptroller of Fowey have represented to us that there is not money at that port sufficient to defray the necessary charges there; and whereas the Comptroller-general, after examining the said Collector and Comptroller's account current, has certified to us the truth of the same: you are to pay Mr. William G. Hemsworth, collector of the port, the sum of 1,973l., taking his receipt for the same, attested by his Comptroller.

£. 1,973. C. W. WM. CUST. S. G. LUShINGTON. H. LEGGE. To Sir William Booth by, Bart., Receiver-general and Cashier of the Customs. with intent to defraud our Lord the King , against the Statute.

2nd COUNT, the same, only charging the intent to be to defraud Sir William Boothby , Bart .

3rd and 4th COUNTS, the same as the first and second, only calling the instrument an order instead of a warrant.

5th COUNT, charging the prisoners with falsely making, forging and counterfeiting, &c. the said warrant, with intent to defraud the King.

6th COUNT, charging them with uttering and publishing the said warrant as true, with the like intent.

7th and 8th COUNTS, the same as the fifth and sixth, only stating the intent to be to defraud Sir William Boothby.

9th and 10th COUNTS, the same as the fifth and sixth, only calling the instrument an order instead of a warrant.

11th COUNT, for forging the same, with intent to defraud Sir William Boothby.

12th COUNT, for uttering and publishing the said order as true, with intent to defraud Sir William Boothby.

13th COUNT, for uttering and publishing as true a certain false, forged and counterfeited warrant for payment of money, and a certain false, forged and counterfeit receipt for money, well knowing the same to be false, forged, and counterfeited; and which said false, forged and counterfeit receipt for money is as follows:

Fowey, - Received, 13th April, 1829, of Sir William Boothby, Bart., Receiver-general and Comptroller of his Majesty's Customs , the sum of 1973l., being the amount of the annexed impressed order.

Witness, H. J. W. COUCHE. W. G. HEMSWORTH, Collector. with intent to defraud the King.

14th COUNT, stating the intent to be to defraud Sir William Boothby.

15th and 16th COUNTS, the same as the thirteenth and fourteenth, only calling it an order instead of a warrant, and an acquittance instead of a receipt.

17th COUNT, that the said Thomas Thomas Maynard feloniously did utter and publish as true the said warrant and receipt, well knowing it to be forged and counterfeited, with intent to defraud the King.

18th COUNT, that the said Richard Huband Jones and Joseph William West , before the felony last aforesaid was done and committed, feloniously and maliciously did make, move, procure, counsel, hire and command the said Thomas Thomas Maynard the said felony to do and commit, against the Statute.

19th and 20th COUNTS, the same as the seventeenth and eighteenth, only stating the intent to be to defraud Sir William Boothby.

21st COUNT, charging the said Thomas Thomas Maynard with uttering and publishing as true the said order and acquittance, well knowing it to be forged, with intent to defraud the King.

22nd COUNT, charging Richard Huband Jones and Joseph William West as accessaries before the fact, as before.

TWO OTHER COUNTS, stating the intent to be to defraud Sir William Boothby.

MR. ATTORNEY-GENERAL with MESSRS. BOLLAND and SHEPPARD conducted the prosecution.

SAMUEL ROBERT MURE. I am an extra clerk in the Comptroller-general's office, in the Custom-house, and was so in April last. These papers (looking at them) were presented to me to be entered and marked, on Saturday, the 18th of April - it was the day after Good Friday - I cannot speak exactly to the hour; it was between twelve and two o'clock; I have no recollection of the person who presented them to me - I observed he was not a tall man; I entered and marked the documents in a green book, which I hold in my hand, and returned them to the person who brought them - the prisoner Jones was a clerk in the same department as me, in the Comptroller-general's office, but does not sit in the same room - I have known him since I entered that office, which was about a year and a half ago; I never knew him in any other office in the Customs.

Cross-examined by MR. ADOLPHUS. Q. You put your name to them, supposing them genuine documents? A. I did.

Cross-examined by MR. BRODRICK. Q. How many clerks are there in the Comptroller-general's office? A. Ten or twelve - it is all considered the same department.

EDWARD BEAUMONT . I am assistant to the receiver general of the Customs, and was so in April last; these two documents (looking at them) were produced to me on the 18th of April by a person who was rather short - I think the person was very much like the short prisoner(Maynuard); I am unable to identify him - I saw him for a very short time; I think the resemblance strong, but cannot identify him - on the documents being put into my hand, there was something in the receipt, that struck me, a little remarkable; it appeared something like a schoolboy's writing - I communicated with the corresponding clerk, and being satisfied the document was genuine, I marked it for payment, with my initials and the date, the 18th of April - the course of business, after I had marked it, would be for the individual presenting it to me, to present it at the Treasury for payment, which, I believe, was the case - for Croxford, the clerk of the Treasury, not having cash to meet it, came to me for a cheque on the Bank, to pay it with; (looking at the cheque) this is the cheque I gave him for it - this receipt was annexed to the document, and purports to be signed by the comptroller of the Customs; when I pay a warrant of this sort, I do not ask the name of the person receiving it, or for whom it is received - that is Croxford's duty; I have been in the Custom-house upwards of thirty-four years - these two documents are filled up perfectly regular and correct in all parts.

Q. Are both these documents the work of one office or would they pass through two offices? A. That would emanate from the Secretary's department; I know of no order given at the Bank respecting the payment of cheques for the Customs - (looking at a 5l. note) after this fraud had been committed, I traced a 5l. note; I believe this is it, by the name of Maynard at the back of it, but I have put no mark on it - I obtained that note from the Bank of England; I think, on the 7th of May I went to Lees', the banker's in Lombard-street, from there to Ruden and Co's., Salvador-house, Bishopsgate-street - I finally traced it to a baker, of the name of Bristow; I have no doubt this is the note delivered to me, in consequence of this notice from the Bank, which is attached to it - I had no other 5l. note at that time; it was cancelled when I got it from the Bank - I had no other cancelled note. After this fraud was discovered, placards were stock in the lobby of the Custom-house; here is one which I took down from the officer - the 5l. note, No. 5068, is the last of the series mentioned here.

Cross-examined by MR. ADOLPHUS. Q. You think one of the prisoners is like the person, but you do not swear which? A. Certainly not; if I had met him in the street or play-house, I think I might have passed him without noticing him - the name of Maynard on the note is not my writing; I identify it, by that name being on it when I received it cancelled from the Bank - I never had it before.

JOHN CROXFORD . I am in the Treasury department of the Receiver-general's office, and was so in April. These documents (looking at them) were presented to me for payment, on the 18th of April, by a person who stated that he came from Praed and Co's. house; I examined the documents afterwards, and found Praed and Co. written across it, and asked him, supposing he had been in the habit of coming from Praed's, why he had not put his name on it as usual, and he wrote his name, Thomas Maynard - from the appearance of the prisoner Maynard, I believe him to be the man who presented it; I had not sufficient money to pay it, and went to Mr. Beaumont and asked him for a draft on the Bank of England - he gave me this draft, to the best of my recollection (looking at it) - I gave it to Maynard; it was necessary that he should take the draft to the Comptroller-general, to be countersigned by him before it would be paid at the Bank - I do not think that I told him that was necessary.

Cross-examined by MR. ADOLPHUS. Q. Had you any previous acquaintance with the person you call Maynard? A. Not to my knowledge; I see a great many persons in the course of business - when I saw Maynard again, he was in custody and pointed out to me as the man charged with this offence: I had not seen him from the day he presented it, till he was in custody - I do not swear positively to him, but I believe him to be the man.

Q. If you had never seen him in custody, but had seen him elsewhere, should you say "That is the man, I believe, who brought the order?" A. No, because I should not notice him; if I had been shown him in a coffee-house and been asked, if I had seen that man before, I think I should have known him.

MR. ATTORNEY GENERAL. Q. Had you a good opportunity of seeing him at the Custom-house? A. I had.

GEORGE JONES . I am a clerk in the Comptroller-general's office at the Custom-house. On the 18th of April, I recollect this warrant for 1973l. being brought in (looking at it) - it was presented to Mr. Mure in my presence; it was necessary for him to make an entry of it, in a book- while he was so doing, I observed the person who brought it, sitting on a box near me; the prisoner, Maynard, very much resembles that person - to the best of my belief, he is the person; I had an opportunity of seeing him for a quarter of an hour; I should think - the prisoner Jones, is in the same office as myself; the green book is kept in the Secretary's office - whether he had access to it, I cannot say.

Cross-examined by MR. BODKIN. Q. Can you take on yourself to say the person was there a quarter of an hour? A. I am confident it was near a quarter of an hour; Mr. Mure had to examine the document to see if it was correct, and make an entry of it; he had not got to copy it - he did not remain longer than while Mr. Mure was so engaged: all the time he was in the office Mr. Mure was engaged writing - there is a railing round the first clerk's desk, but Mr. Mure's desk is not enclosed by any partition; I was sitting opposite Mr. Mure - there was no railing to prevent my seeing him; I was engaged reading and examining debentures, which Mr. Mure was ticking off, prior to the person coming with the document - we both left off instantly: I did not see Maynard again for about four months - he was then in custody on this charge.

MR. BOLLAND. Q. When the person entered, you left off reading the debentures - were you employed doing any thing else, or had you an opportunity of observing the person? A. I had an opportunity of observing him, because I could not go on without Mure.

WILLIAM DICKINSON . I am assistant comptroller. I have been in the office since last December; before that I was inspector of out-port collectors' accounts - if an outport collector has occasion for money, the practice at that time was either to apply to the Board, or to make a statement to the comptroller-general of his account; if it is found he is in want of money, an entry is made in this green book (producing it) by a clerk in the office - it is called the receiver-general's interest book: the clerk enters it, and then brings it to the chief clerk to put his initials - the book is then taken to the Secretary's office; what passes there I do not know - the prisoner Jones was a clerk in the Comptroller's office; I found him there when I came in December - his salary was 90l. a year; the hours of attendance are from ten till four - he had a specific duty, which was to enter the reports of the principal of the department; that required his attendance daily, except on holidays - I sat in another room, and therefore had not constant inspection of him, to see whether he was there every day; when an order is made on the Bank for the payment of money by the receiver-general, it is countersigned by myself and the chief clerk, by power of attorney from the Comptroller-general; it is countersigned before it is taken out; Jones had been in the office some years, as I understand, and would be acquainted with the forms of the office - this order on the Bank has my signature to it; I have no recollection of the person who brought it to be signed - the green book is kept usually in the Secretary's office, I believe; I expect that the clerks in both offices had access to it; one of the clerks going to the office, and inquiring for it, would of course have it - it is not locked up during office hours.

Cross-examined by MR. PHILLIPS. Q. How many clerks are there in the Secretary's office? A. I do not know - there are certainly more than half a dozen.

CHARLES WILLIAMS . I am northern clerk in the Custom-house. My duty is to conduct the correspondence with the northern division; if application is made by a northern agent for money, I have to obtain an order from the Board for that purpose; I mark the order with my initials - there is another clerk for the western department; Mr. Harrison was that clerk, but he was absent from the 7th of April, in consequence of illness, and I took the duty of the western department during his absence - an order procured on the 9th of April would have my initials; I also make a mark in the green book, when the document has been returned, passed through my hands - I put my initials in the green book, which is brought to me by the clerk who fills up the order; the letters C. W. in the margin of this order are not my initials - they are in the proper place where they would be if the order was genuine; I had occasion to make my initials several times in the green book in April - I have been in the Custom-house nearly twenty-four years; the prisoner Jones has been a clerk there about five years - be first was in the Searcher's department, and subsequently in the Comptroller-general's; documents for the payment of money to the collectors of out-ports pass through both those offices.

HONOURABLE WILLIAM CUST . I am one of the commissioners of Customs. The signature to this document is not mine.

HONOURABLE HENEAGE LEGGE . I am a commissioner of Customs. This signature, purporting to be mine, is not my writing.

STEPHEN GEORGE LUSHINGTON , ESQ. I am a commissioner of Customs. The signature purporting to be mine is not my writing.

WILLIAM GLASSFORD HEMSWORTH . I am collector of the Customs at Fowey. The signature to this receipt is not my writing; I know the hand-writing of Mr. Couche, the comptroller of the port of Fowey - this signature appears not to be his writing.

MR. BODKIN to GEORGE JONES . Q. I think you said that when you saw the man whom you believe to be Maynard again, he was in custody at the office? A. Yes; I was at Bow-street at one examination, which was about four months after the transaction, and saw Maynard in custody on this charge; I was not examined at the office at all; it was the second examination I was there; I was not asked any questions.

HENRY SAMUEL NAISH. I am a clerk in the Bank of England. This cheque (looking at it) was presented there for payment on the 18th of April; I gave two tickets on different offices for the payment of it, and have them here - one is on the Pay-clerks office for 1970l. in notes, and the other for 3l. on the In-teller's office; I saw the person who presented it, but do not recollect what passed - the person must have said he would take it short or in notes, or I should not have given the ticket on the pay-clerks for the sum; I took notice of the person presenting it - he was of a middle stature, and shabbily dressed; from Maynard's height and age, I should say he hears some resemblance.

WILLIAM HIGMAN . I am a clerk in the Bank. This ticket, marked A., was presented to me on the 18th of April by a person of middle stature, and dressed in a brown coat, as well as I can remember, and there was asecond person accompanying him; the prisoner Maynard resembles the party who presented this ticket to me; I have no recollection of the other - I asked the person presenting it how he wished it to be paid; he said (looking at a book) he would have two 500l., nine 100l., one 50l., and four 5l. Bank notes; I paid him those notes - this book contains the entry, here is a book containing the number of the notes; the 500l. were Nos. 2536 and 2537, dated the 6th of April, 1829 - nine of 100l., Nos. 19,417 to 19,425, both inclusive, dated the 11th of April - one of 50l., No. 16,63, dated the 21st of March - four of 5l., Nos. 5865 to 5868, dated the 9th of March (looking at a 100l. note, number 19,495) - I have no doubt of this being one of them; and this 5l. note, number 5868, is also one.

Q. Have you any recollection of the person who presented the ticket? A. I have some slight recollection of the party; the prisoner Maynard resembles the person who presented it - the other was dressed in a blue coat, but I did not notice him.

Cross-examined by MR. BRODRICK. Q. Does it distinctly appear in your book that the numbers are inclusive? A. They are; if you count the numbers you will find it must be so, and they are all marked off in my book; I paid him new notes with no names on them; there are now several names on this note as if it had passed through several hands - it is quite in a different state as to the names on it; it appears as if there had been some writing on the face also.

MR. ATTORNEY-GENERAL. Q. There were no such names on it when it left the Bank? A. No; I cannot tell who put them on.

JOHN HAWKES . I am in the Pay-clerks' office at the Bank, and on the 18th of April, I, in conjunction with Mr. Higman, paid this ticket; this 100l. and 5l. notes are part of the notes paid by me; there were two of 500l. in the sum.

GEORGE DYER . I am a clerk in the Bank of England. I produce two 500l. notes, Nos. 2536 and 2537, dated the 6th of April, 1829 - one 50l., No. 1663, dated the 21st of March - and eight of 100l., Nos. 19,417 to 19,424 inclusive, dated the 11th of April.

THOMAS BENJAMIN KINGSTON . I am a clerk in the Tellers' office at the Bank. On the 18th of April I paid sovereigns for two 500l. notes and one 50l. note; it was about a quarter before two o'clock as near as I can tell - they were presented by a tall thin man; the prisoner Jones resembles him in point of height and size, that is all I can say - there was somebody with him.

JEFFERY TAYLOR . I am a clerk in the Comptroller-general's office in the Custom-house. I discovered this forgery about a quarter-past three o'clock on the 18th of April; the prisoner Jones was a clerk in the Comptroller's office - the forgery was a frequent subject of conversation in the office; Jones would have the same opportunity of reading the advertisement of the numbers of the notes, which was posted in the Custom-house, as others; it was known to every body in the office that the notes were stopped at the Bank; it was a subject of general conversation in the office.

JOHN GROVE . I am a clerk at Messrs. Masterman and Co.'s, Nicholas-lane. I did not know the prisoner Jones till the 27th of April, when he introduced himself, opened an account at our house, and left 758l. in gold there; the whole has been drawn out since.

Cross-examined by MR. BRODRICK. Q. You were personally present, were you? A. I received the money from him; he said he wished to deposit it for some short time with us.

COURT. Q. When was the last drawn out? A. On the 6th of August - the account was opened in his own name, and drawn out in his own name.

WILLIAM POOL MANGER . I am a clerk in the Secretary's office in the Custom-house. I have known Jones rather more than three years; when he first came into the Custom-house he was in the Secretary's department, and was then removed to the Comptroller's; I know he was in difficulties in the year 1828, for I was applied to by a relative to settle his private affairs; I communicated with Jones, and found he was in difficulties - the amount I paid for him was about 100l.; it was an arrangement with his creditors - they had 20s. in the pound; I got part of it from a relative, and deducted part from his own salary; I saw him in June last, when he told me his wife had 700l., and a piano left by a relative of his wife's, residing in Newgate-street or the Old Bailey, I do not know which - I advised him to invest it; I have seen the warrant and receipt - in the way they are got, I should say it was certainly necessary for the person to be acquainted with the method of business in the Secretary and Comptrollers' offices.

Cross-examined by MR. PHILLIPS. Q. How long before the 27th of April was it you advised him to invest the money? A. It was about the 9th or 10th of June this year; I had been intimate with him about three years - his difficulties were finally settled in February, 1829; that was the last payment I made - the money was advanced him by a gentleman moving in a respectable sphere of life, and of some opulence.

MR. ATTORNEY-GENERAL. Q. Would the gentleman that advanced the money allow it to pass through his own hands, or did he give it to you? A. He gave it to me - he had no communication with the prisoner himself.

JOHN DEAN . I live in Wilmot-street, Brunswick-square. On the 25th of April the prisoner Jones bought a piano-forte of me, and paid me 17l. in sovereigns for it.

WILLIAM DWELLY . I am an irommonger, and live in Tottenham-court-road. In April last the prisoner Jones' wife bought some things of me - she represented herself as his wife; I only knew where Jones lived from what she told me - I delivered the articles at No. 6, Somer's-town-terrace; I saw the person who bought them, and the landlord and landlady of the house, who were with her at the time the purchase was made; these are the bill and receipts given (looking at them) - she paid me about 16l. I think in gold.

CHARLES SAVILL . I am in the service of Evans and Dry, linen-drapers, of Tottenham-court-road. In April last I sent some goods to Somer's-town-terrace; I do not know the number - (looking at a bill) this is the bill and receipt for the goods I sent - it is in my writing; the porter was paid for them - it was 11l. 7s. 8d.; he paid the money to my master - I cannot say whether it was notes or gold.

CHARLES BROWN . I keep a china and glass shop in Tottenham-court-road. In April last I sold some goods to a Mrs. Jones - they were sent to No. 6, Somer's-town-terrace; I received 6l. 12s. for them.

ANTHONY WAGSTAFF . I am a furniture-broker, and live in Castle-street, Long-acre. In April last some goods were purchased of me, in the name of JOnes, by an elderly man and woman, and a young woman - I sent them, I think, to Marchmont-street, Somer's-town; these are the bills and receipts I gave for them - one is made out by me, and the other by my man; the 24th of April was the time most of the goods were purchased - my man received 31l. 9s., and I received 5l; this receipt enables me to say that it was on the 27th of April - here are two bills and two receipts.

Cross-examined by MR. BRODRICK. Q. The only thing that is in your hand-writing is one receipt? A. Yes, and that is dated the 27th of April.

MR. ATTORNEY GENERAL. Q. Do you know, from your own recollection, that the other goods were sold before that day? A. Yes - the bill and receipt is made by my shopman.

WILLIAM SALMON . I am a Police-officer, and apprehended the prisoner Jones, on Thursday, the 13th of August - a person, named Bull, pointed him out; I did not know Jones at the time - I afterwards ascertained what his name was, and where he lodged; I did not take him at his lodgings - we had previously made inquiries, and found he lodged at No. 59, Judd-street; I searched what I supposed to be his lodging there - I left him with Bull, at a public-house, while I went to search; I do not think I spoke to him about his lodgings, but I went there with his wife, who was present when I apprehended him; at the search I found all these papers there, and marked them - I did not show them to him.

COURT. Q. Did you know it was his wife, except from what she told you? A. I did not - she said nothing in his presence; we would not allow them to speak.

GEORGE WATSON WOOD . I am in the service of Mr. Hamlin, jeweller, of Princes-street, Coventry-street. On the 10th of August I remember the prisoner Jones coming to purchase some jewellery - I think it was near eleven o'clock; he was dressed in a frock-coat - I do not recollect the colour; he had mustachios, which he has not now- he asked to see some necklaces, which I showed him; they were too expensive for him; he then asked to see some ear-rings and lockets, which were shown him - he agreed to purchase jewellery to the amount of 6l. 14s., and tendered me a 100l. note in payment; I called Mr. Bull, the clerk - he gave it to him; I have no doubt of his being the man.

Cross-examined by MR. PHILLIPS. Q. Did you see any note yourself? A. I did, and should know it again;(looking at it), this is it - here are a number of names which were all on it at the time, except one, which he wrote himself; I think three different names were on it when he gave it to me, to the best of my recollection; the note is in the same situation as when he gave it me, except his own name being on it.

MR. ATTORNEY-GENERAL. Q. What name did he put on it? A. William Arrowsmith , Green Dragon-lane, rowgate.

JAMES BULL. I am a servant to Mr. Hamlin. I remember this note being given to me to change; the prisoner Jones is the person, I am certain - when it was handed to me I requested him to put his name on the back of it, for I was not satisfied about the note, as well as his appearance; I sent it to the banker's for change - the prisoner walked about the shop while it was gone to the banker's; he walked out, walked in again, and asked for the change - I told him we had not received it, and I had sent to the banker's for it; he said he could not wait for the change, he would write a letter for it - we afterwards sent the note to the Bank; I saw the prisoner write this name on it - I am sure this is the note; I got information from the Bank that it had been stopped - I was out with Salmon looking for him two or three times; we found him in Hadlow-street, Brunswick-square, near Judd-street - I knew him immediately, and laid hold of him; he was dressed very different to when he came to our house - he had a blue coat, buff-waistcoat, gilt buttons, black handkerchief, and had a new silk umbrella in his hand; at our shop he had an old blue coat, much worn, an eye-glass, and a cotton umbrella - he had a pair of mustachios, which he had not got when he was taken up.

Cross-examined by MR. BRODRICK. Q. On what day did you sell him the jewellery? A. On the 10th of August - Salmon took him two or three days afterwards.

COURT. Q. Did you address him by any name? A. Yes - I said, "Mr. Arrowsmith, you have not got your mustachios on, how is that?"

WILLIAM POOL MANGER . I never saw Jones wear mustachios.

JOHN COX . I keep the Blackmoor's Head in Whitcomb-street. I saw the prisoner Jones at my house on Monday, I think the 10th of August - he came and called for a glass of ale, a sheet of paper, and a pen and ink; he wrote a note, turned to the bar, and asked for a wafer, which I gave him - he went out, returned again, and asked if I could find a person to take a note for him; I got him a man, named Ferguson - he gave a note to Ferguson, and went out at the time Ferguson did; he told him, in my presence, to take the note as directed, to obtain a parcel, and carry it for Mr. Arrowsmith to the Bull and Mouth, Regent-circus, Piccadilly - he was to inquire for a Mr. Arrowsmith, and if he was there to give him the parcel; he came back in about ten minutes - Ferguson had not returned; he told me he would send a Temple porter to my house for the parcel, and I was to take care of it till the Temple porter came for it.

Cross-examined by MR. PHILLIPS. Q. Who is the man that did all this? A. The prisoner Jones; I have no doubt he is the man - I certainly did doubt at first; I named another person at Bow-street as the man, but I had not seen Jones then - I recalled it almost directly.

Q. Now, did you not look round as attentively as you chose, and say you could not see the man? A. I looked round the office, and saw a man I thought resembled him, but I had not seen Jones then; I did state I did not see the man.

Q. Was not Jones at that time in the office, as conspicuous as any other? A. He was; I did point another man out - I was on my oath at that time; I cannot recollect, but I think some one did tell me to look round again - I have no doubt of it; my attention was directed to the part of the room Jones was in - I selected Jones the moment I saw the man I pointed to - no person pointed to him; I think I was directed to the part of the room he stood in - he was about two yards from me; the man, I first pointed out, was about the same distance - I thought the other man resembled the features at the moment I looked round; I had not then seen Jones - I certainly thought he was the man.

MR. ATTORNEY-GENERAL. Q. It turned out you were mistaken? A. I was; I was agitated in giving evidence- I am sure the man told Ferguson he must go for a parcel to Hamlin's, and he said he was to bring it to the Temple; he had no mustachios on when he wrote the note.

EDWARD FERGUSON . I was sent with a note from the the Blackmoor's Head to Hamlin's; it was on a Monday, and I think the 10th of August; the person told me to go to Mr. Hamlin's, Princes-street, and bring a parcel from there to the Blackmoor's Head to him - I did not see him more than once till I saw him at Bow-street; I knew him again immediately - that is the man (pointing to Jones) -I took the note to Hamlin's and left it there; this is it -(looking at it) - I believe this to be the same.

Cross-examined by MR. BRODRICK. Q. You did not know the person before? A. No; when I saw him again he was in custody - Cox was at Bow-street with me; he spoke to the man before I did - I saw him point to a man, but which man it was I do not know; I went into the office, Jones looked round at me directly - Cox had sworn to him before I did; I should not have sworn to him without being positive - I had only seen him once before, but that was for a long time; he wrote the letter in the room - I saw him at Bow-street on the Friday week following; I do not think Cox saw him so long as I did - he was talking to him when he called me to take the letter.

MR. ATTORNEY-GENERAL. Q. Did you know the man immediately you got into the office? A. Yes.

JAMES BULL . This is the note the witness brought(read.)

Mr. Hamlin, Bridges-street.

Mr. Hamlin is requested to send to Mr. Arrowsmith, by bearer, the jewellery, taking care to enclose the money.

JACOB BEDWIN . I am a watchman at the Temple, and act as a porter, but have not a badge - I have known Jones about six years, and cannot be mistaken in his person. He came to me on the 10th of August, about one o'clock, just as I was going to dinner, and said he wanted me to go with him - I crossed the Temple with him; he said he wanted me to go to Whitcomb-street to fetch a parcel from a public-house - he did not know the house; we walked together towards Whitcomb-street - before we got there I asked if he had any note for me to fetch the parcel with; he said No - I said,

"I cannot think of fetching it without you give me a note for it;" we went into the Coach and Horses, near the New Church, in the Strand - he wrote a note there in my presence, and put the name of Arrowsmith at the bottom of it; we went out together - when we got to St. Martin's Church he said,"Bedwin, I don't wish you to leave this note;" I said,"What is to indemnify me or the landlord, Mr. Jones; I hope you are not going to bring me into a scrape about this parcel? for I was never brought to justice in my life for any thing;" I went on with him - he went within four or five yards of the house with me, and pointed out to me the Blackmoor's Head, in Whitcomb street - I gave the note to the landlord, but did not get the parcel; I went back to Jones and told him the parcel was not come, that the publican had sent to Mr. Hamlin for it, they said the man who packed it up was not in the way, and they did not know when he might be - Jones told me to stop for the parcel, (and gave me 6d. to get some drink with) and take it to the Bull and Mouth, Regent-circus - this passed in Whitcomb-street, where he had been waiting for me; I went back to the public-house - the landlord spoke to me, and seeing the name of Arrowsmith - I did not stop, but went home; I saw no more of Jones - (note read).

"Please to give the bearer, a messenger from the Temple, whatever was brought from Mr. Hamlin for Mr. Arrowsmith."

10th of August.

THOMAS FINCH . I am a shoemaker, and have known the prisoner West five or six months - I have known Maynard about the same time; I have seen the prisoner Jones once at Mr. Davies', the Lord Nelson public-house, Trafalgar-street, Walworth; that was four or five months ago, probably - Maynard and West were in his company; they were having some gin - hot together - it was some time in April, and I think was after Easter; they were talking together of their having been drunk over night - I staid about an hour, and left them there; I made a remark to the landlord about West, that day - I knew Jones again when I saw him in Newgate, on Monday.

Cross-examined by MR. BRODRICK. Q. Had you seen him since, till you saw him in Newgate? A. No, I knew nothing of him before; I was told to come and pick out the man I had seen there - I did not see him at Bow-street; I had gone to the public-house to have half a pint of beer.

WILLIAM MICHAEL DAVIES . I keep the Lord Nelson public-house. I saw Finch at my house some time in April - I am acquainted with West and Maynard perfectly well, and think I saw Jones with them once, in the middle of April, when Finch was in the tap-room; Finch made a remark to me about them - I have known West about two years; I was not in the habit of giving him much credit - some days before I saw the three together; I saw a handful of sovereigns in West's hand at my house - I cannot say whether any body was with him at that time.

JAMES JOHN SMITH . I am a principal officer of Bow-street. In consequence of information I had, I watched a house in Camden-street, Walworth-common, to look after the prisoner Maynard - I got a clue to him, and in consequence of information, I watched another house in Salisbury-street, New North-road, Hoxton; it was about the beginning of August, I think, when I began to watch- I know Maria Jennings ; she passes as Maynard's wife, and was living at the house at Hoxton - West was also living there, with Mrs. West, and two of Maynard's children; while I was watching, I frequently observed West come out, and the women also - on the 27th I saw some man come there, whom I had not seen previously; on the 28th I saw some goods brought out of the house, and go away in a cart - after this I saw a hackney-coach brought up to the door by West; some boxes were put into it -Mrs. West, Maria Jennings, and the two children, got in, West remained with the coach till they got in; there were three or four large boxes, and a trunk among them- West then came into the New North-road; the coach that had taken the women up then came into the road, and West got into it - I saw the coach some distance, then sent my son-in-law to watch it; he sent for me afterwards, and I went to the corner of Bull and Month-street - then went to the Custom-house, and told what I had heard; I went back again to my son, made inquiry at the booking-office, and from what I discovered there I proceeded by the mail with Taunton, my brother officer, and a young man who could identify Maynard, to Taunton, in Somersetshire - we inquired at Taunton for a person named Baker; we found the prisoners West and Maynard, the same two women and children in a room up stairs, at the Black Horse at Taunton - West was coming down stairs; Maynard was sitting with the women and children - the tea-things were on the table; I told them they were my prisoners, and told Maynard I had been looking for him for some time - he said his name was not Maynard; I asked the young man, who said in his presence that he was Maynard - I told him what I took him for, and searched them; I found on Maynard, in one parcel, 280l. in Bank of England notes - in this paper, which is a memorandum, (see No. 1.) and on the back of it is the number of all the notes; I found another 10l. note wrapped up in part of a letter, which I produce,(see No. 2.) here is another letter directed to Thomas Thomas , and some bills in the name of Thomas - I found a watch and a musical snuff-box on Maynard, which I have since given to his wife; here are some acceptances of West's, which I found in a pocket-book in a box which I saw West put into the coach, and found at Taunton.

Cross-examined by MR. ADOLPHUS. Q. When did you take them at Taunton? A. On Saturday, the 29th of August.

Letters referred to.

No. 1. Monday, the 10th of August. In the event of accident or death, to be given to Maria Jennings , for her use, for the benefit of my two dear girls; she lives at No. 2, Ewin's-place, Camden-street, Walworth-common, near Camberwell, or elsewhere. THOMAS THOMAS .

On the back of this was a memorandum, dated the 3rd of August, of the number of the notes enclosed.

No. 2. To Mr. Thomas, Taunton, Somersetshire, to be left at the Post-office.

Monday, 10th of August, 1829. Dear Sir, It is my intention to start to-morrow morning with the two females and the young ones, from the Bull and Mouth, Bull and Mouth-street, near the new Post-office, therefore shall expect to meet you at the inn.

SAMUEL TAUNTON . I am an officer of Bow-street. I went with Smith down to Taunton, and found Maynard and West - I searched West, and found on him one 200l. and two 40l. Bank notes, and sixty-nine sovereigns; part of the sovereigns were given to his solicitor, and some he has had himself - I found a watch on him, which I gave up to him, but I took this seal off, as it exactly fits the impression on the seal of this letter (No. 2.)

JAMES VINNEY . I am a shoemaker, and live at No. 63, Kent-street, Borough. I have known Maynard three or four years; I know his hand-writing pretty well, but not to be positive of it, (looking at the receipt charged as forged) I believe what is written across this is Maynard's hand-writing.

Cross-examined by MR. ADOLPHUS. Q. Do you say so from your knowledge of his hand-writing, or from seeing it under particular circumstances? A. I have seen him write, and from my recollection of his writing, I believe this to be his - I can read writing a little.

MR. BOLLAND. Q. Look at this, (the Bank cheque) whose hand-writing is this on the back? A. I do not know - this is not the same hand.

ROBERT BRISTOW . I am a baker, and live in Portland-street, Walworth. I know Elizabeth Jennings; she brought me a 5l. note to change on Sunday, the 19th of April - I know her daughter Maria; she passes as Mrs. Maynard - I know Maynard by sight; he is the man whose name she went by - I gave Elizabeth Jennings change for the note; I think it was on Easter Sunday.

Cross-examined by MR. ADOLPHUS. Q. Have you any recollection of it, except from what is written on the note? A. I remember giving her the change - I put my hand-writing on it before I gave it her; a gentleman also called to inquire about it.

ELIZABETH JENNINGS . I have a daughter named Maria; she goes by the name of Jennings - she lived with Maynard in April last, and passed as his wife; I received a note from her - it was put into my hand, but I did not look at it, and should not know it again; I took the same note to Bristow the baker directly: my daughter told me it was a 5l. note - I did not count the change I got for it; I gave it to my daughter - she lived at the time on Walworth-common, in a street near Maynard's house; she was living at his house at the time - I am sure I gave Bristow the same note I got from my daughter.

Cross-examined by MR. ADOLPHUS. Q. Did you ever get any other note changed at Bristow's? A. Never.

MARIA JENNINGS . I gave my mother a 5l. note to get changed; she brought me the change - I received the note from Maynard the same day as it was changed.

Cross-examined by MR. ADOLPHUS. Q. What day of the week was it? A. Friday.

MARY DAVIDSON . I am a widow, and live at No. 18, Lant-street, Borough; the prisoner Maynard came to lodge with me on the 6th of last September, and remained till Palm Sunday, the 12th of April - he had a wife living with him; when he went away he owed me four guineas, for rent, at six shillings a week - I had applied to him for it from time to time, but have never been paid.

THOMAS VICKERS . I keep a public-house in Lant-street, Borough. Maynard owed me 1l. 5s. 9d. in April last; I applied to him for it, I think on the 12th of April, but not since.

STEPHEN BARTLETT . I am a clerk at Messrs. Praeds' banking-house, Fleet-street - and have been so for ten years - Maynard had nothing to do with our house; I do not know him - this order on the Customs for 1973l. was never in our house.

Cross-examined by Mr. ADOLPHUS. Q. Do you know all the papers and orders that go through your house? A. Of that date I do; there is no entry in August of that sort - my knowledge is derived from the books which are kept by other people.

COURT. Q. Is Praed and Co., which is written across it, the hand-writing of any person in your house? A. No.

EDWARD BUSHEL . I am an ironmonger. I have known West about two years and a half, and Maynard twenty months; I know West's writing perfectly well -I have seen Maynard write, and think I know his writing;(looking at the receipt) I believe the body of this to be in West's writing - the name, Thomas Maynard across it, I believe to be Maynard's writing; I do not positively swear it, (looking at the letter found in Maynard's possession) to the best of my judgement, the whole of this is in West's hand-writing.

Cross-examined by MR. ADOLPHUS. Q. Where is your warehouse? A. I have none, nor any shop - I have not dealt in ironmongery lately, not for about a twelve month; I have bought and sold 4000l. or 5000l. worth within this fifteen years; I was a black ironmonger, and was never in business in London; I had a shop at Coventry, in 1815, since which I have been staying in London - I have been a hired servant - I have had no establishment in the ironmongery trade since 1815; I now live in Green-street, Blackfriar's-road, which is in the rules of the Bench, but I am not a ruler - I never in my life was bail for any person at Westminster. nor at Serjeant's Inn - I have been bail to the Sheriff; I have never been bail at Westminster unless once or twice, perhaps, I have put in bail for remnant; I never justified, nor attempted to do so - I have been in the employ of Mr. Turk, at Lambeth, then in Frith-street, Soho, and at Sturch and Co's., where I was two years - that is eleven or twelve years ago; I left him through illness - there was no imputation against me, that I know of - I was never bail at Union Hall; I once bailed a person at Bow-street, seven or eight years ago; I was then selling goods on commission - I know the Globe public-house, Borough-road, and know the landlord - I have not been in the habit of getting bail, or receiving money for doing it - I have when I have been bail - I have asked friends to go to bail; I have been paid my expences for that, but received no fee - nothing more than I considered my expences; I have done that perhaps half a dozen times - I cannot tell to a few times; you may take it at forty in all - I have not been the procurer of bail; I have introduced the parties together, and within fifteen years it may be forty times -I did not give them money to be bail; the defendants themselves did, I dare say, but I do not know it - I did not promise them payment - I know a man they call Mack - I do not know him by any other name; I did not tell him I had been to Bow-street against West, or that if I could swear, so as to convict him, I should get 50l.; I never mentioned such a word; nor that if not, I should have a guinea a day for my trouble - I never thought of such a thing; but that person told me he would go and swear so; he saw it in the newspaper, and came to me next morning, and abused me very much.

Q. Did you ever say with an oath that you would swear above a bit? A. No, I never made use of an oath in his presence - I do not swear very often - I never said that if I got the money I should leave the Borough-road; that I was short of blunt, and not particular - I know Mr. Parish, the clerk of the papers, of the King's Bench.

Q. And if we have him here, you will go on to swear you were never bail for people in the King's Bench? A. Never in my life - I was charged, about fourteen years ago, with not making my accounts correct at a place; there was 3s. 6d. deficient, and when the books were brought forward, it was proved I was innocent and I believe you pleaded for me: it was Mr. Lawford, the ironmonger, made the charge - he was my master - I was acquitted, certainly; I never was in any other disagreeable situatin.

Q. No Custom-house affair? A. I signed a bond for a relation of mine, and suffered six months in Horsemonger-lane for it, four years ago - I was a housekeeper last in Union-row, Kent-road; that is two years ago - I have not been a housekeeper all the time I have been from Coventry - I sometimes was for two or three years, and sometimes not.

MR. ATTORNEY-GENERAL. Q. Who is Mack? A. A person who has been in the army, and now carries yeast about - he sells Birmingham yeast; I have seen the prisoners and him at Mr. Bailey's public-house several times.

CHARLES CUDDEN . I am a clerk to Messrs. Wright and Co., bankers, Henrietta-street. Our house received a remittance from Paris, in June last - I have the receivingbook here, but the entry is not in my hand-writing - these are three 100l. notes we received from Daley and Co. of Paris - they came into my hands on Saturday, the 27th of June.

MR. ADOLPHUS. Q. Is that the first book in which they are entered? A. No, it is the first book in which they are particularized; the first book is not in my handwriting, but this entry is made by me from the notes themselves - I have the letter here in which they came.

Q. Do you know more of it than their coming to you from the partners, as having come from Daley and Co.? A. The letters are received and brought to us from the partner's room, and the entry made; that is all I know of them.

JAMES BRITTON . I am a clerk to Messrs. Praeds. I received this 100l. note, No. 19420, dated the 11th of April, 1829, in halves, from Daley and Co., Paris, on the 30th of June, 1829; here is the entry, in my hand-writing.

Cross-examined by MR. ADOLPHUS. Q. Letters frequently come to you from the foreign post, enclosing remittances? A. Yes, the letters are opened by the partners; I only know of their coming from Paris, by what the partners tell me.

JOSEPH NORTON . I am clerk to Fry and Co., merchants, No. 5, Crosby-square; I know of our house receiving some 100l. notes from Paris - these are them (looking at some); I know them from a private mark on them, as well as the numbers - one of the firm opened the letters; I was present and took the notes off the desk, and put a mark on them - I am certain they are the same notes; I have the letter here in which they came.

Cross-examined by MR. ADOLPHUS. Q. The foreign post brings to your house letters from different places, do they all come together. A. Yes; they are all handed to the partners and opened together - I take the letters with the Bank notes off the desk; the partner opens every letter, and puts the contents under it - I see him put the notes in the letters and take them to enter; I am guided entirely by what the letter says.

MR. BOLLAND. Q. I think you said you saw them taken out of the letters. A. Yes; that letter, when I took it off the desk, had these notes in it, and I made my private mark on them.

COURT. Q. Who is the partner that opened the letters. A. Mr. Fry; I saw him open them all - I saw him open this; I did not, at the moment he opened it, see it contained notes, nor till after he had opened other letters - after he had opened all his letters, I took them and found these under the respective covers; I can swear these three notes were in this letter, because the numbers correspond with those mentioned in it - I cannot undertake to say they were in it when it was opened by Mr. Fry; I found them in it.

JOHN JAMES HOOKEY . I am a clerk in the Bank of England. On the 6th of July, Mr. Savory, of Cornhill, exchanged two 100l. notes, for which he received five 20l. and ten 10l. notes; the entry is in my hand-writing - the 20l. notes were Nos. 12321 to 12325, dated the 3rd of June, 1829, (looking at three 20l. notes found on Maynard) these are three of them - the 10l. notes were Nos. 4002 to 4011, dated the 5th of June, 1829; (looking at three found on Magnard) these are three of them: On the 13th of July, I paid Mr. Savory, in exchange for a 100l. note, ten 10l. notes, Nos. 2560 to 2569, dated the 17th of June, 1829; (looking at seven 10l. notes found on Maynard) these are part of them.

JOSEPH SAVORY . My father is a bullion dealer, and lives in Cornhill: we frequently have persons come to the shop with Napoleons for sale (looking at a cheque). On the 24th of August, I served a person who brought three hundred and fifty-nine Napoleons - I gave him a cheque on Smith, Payne, and Smith, for 284l. 4s. 2d.; I cannot speak positively to the person - if it was either of the prisoners it was West, but I cannot say that I believe it was him; the name of Must is put on the cheque, which I have got back as paid; I changed three 100l. notes at the Bank of England, and paid the notes I received for them for foreign coin brought to me by somebody - when we pay notes for foreign coin, we make a point of getting them from the Bank; I most likely paid these notes for bullion, but it might be for other things.

JOHN BRYANT PRIESTMAN . I am clerk to Smith and Payne. I paid this cheque, on the 24th of August, in a 200l. bank note and two 40l. (looking at three notes found on the prisoner West) - these are three of the notes I paid.(The warrant and receipt were here put in and read.)

Jones' Defence (written). My Lord and Gentlemen of the Jury, - I labour under the infirmity of very considerable deafness, which almost incapacitates me from hearing the details of the proceedings in Court upon this most serious occasion, when every earthly interest is at stake, and even my life is placed in jeopardy; but I leave myself in perfect confidence in the hands of my counsel, being satisfied, as I can confidently and solemnly assert myself innocent of the offence of either forging or uttering the document in question; and that I either directly or indirectly counselled, assisted, or afforded any assistance in the fabrication; that no evidence can be produced to connect me in any way with a transaction of which, in truth, I had no knowledge - I therefore leave my case to the discrimination and humanity of the Court and Jury, satisfied that a verdict against me will not be pronounced upon suspicions that have no foundation, or circumstances which lead to no satisfactory proof of guilt on my part.

Maynard's Defence. I know nothing of the transaction- I never had any thing to do with it in any shape or way whatever.

West's Defence. I have no knowledge of the circumstance.

JOHN BAILEY . I keep the Globe, Borough-road. I have known Bushel about two years, and have seen him at my house frequently, as a customer; he has been in the habit of meeting people at my house for the purpose of procuring bail for them - I have heard him say to the people, "What men do you want; we have them from 20l. to 1000l." - I do not know how he was paid for this; I certainly would not believe him on his oath, from what I know of his character.

MR. BOLLAND. Q. What reason have you for not believing him on his oath? A. I have heard him, when an observation has been made, say, for so and so he would take an oath to such a thing - I think he is that character, he is not to be taken on his oath; I have heard him state on many trifling things which I knew to be false, that he would make an affidavit of it - he frequented my house, and I knew his affairs pretty well.

Q. How? A. I know he is a good for nothing man, and I think he would take any man's character away for 5s. - that is my reason for not believing him.

MR. ADOLPHUS. Q. You have heard him say, for so and so he would make an affidavit; what do you mean? A. Why, if a man wanted him to say he was in such a place on such a day, I believe he is the man that would do it; I have heard him say so - I have seen enough of him to know him.

PETER GEORGE MC EVOY . I am a dealer in yeast: I have been under government, and have a pension. I know Bushel - I have no malice against him, nor have I quarrelled with him; I had some conversation with him after he had been to Bow-street - he told me if he could swear so as to convict West, he should get 50l. - that if he could not convict him, he should get a guinea a day for his trouble; and he said, "D-n my eyes if I won't swear above a bit; that if he got the money, he would leave the Borough-road to be d-d; that he was short of money, and not particular - this was last Tuesday week; I have known him seven or eight months, and declare I would not believe him on his oath.

MR. SHEPPARD. Q. Where was this? A. In the parlour of the house I lodge at; he was a customer, and came at times - he did not come by invitation, not latterly, when I found what he was - he did not say this to me alone; there were other persons in the room - I do not know who they are; I was subpoenaed to come here last Saturday; he said this after he had given his evidence at Bow-street - I lodge at Bailey's public-house; I have seen West and Maynard there two or three times - I do not know that I have seen Maynard there above twice; I never saw them together to my knowledge.

MR. ADOLPHUS. Q. He came into the parlour, and you, being a parlour customer, went in likewise? A. Yes; this conversation was quite voluntary on his part - I sent the next day to tell West of it.

COURT. Q. You say there were several people there? A. Yes; Bailey was not there.

AMBROSE PARISH . I am clerk to Mr. Hewit, in the office of the King's Bench prison, and have been there about seventeen years. I have known Bushel at least ten or twelve years - he has been about the place assisting prisoners, and I believe at times getting bail for them; I have not had much opportunity of judging of his character, for I never associated with him - I should not myself consider him a person to be believed on his oath.

MR. BOLLAND. Q. Now, why do you come to say you would not believe him on his oath? A. I speak in general terms - I do not mean to say he is not to be believed; I only know him about the prison - I had nothing to do with him.

MR. ADOLPHUS. Q. Have you seen him in particular societies, and with particular persons? A. I have seen him almost daily - he seldom or ever goes into the prison; it does not fall within my department to know what he is employed in about there.

CHARLES CHADWICK JONES . I am a special pleader - my chambers are in Serjeant's Inn, Fleet-street, and my house at Pimlico. I know Bushel, unfortunately, and certainly would not believe him on any oath he would take.

MR. SHEPHERD. Q. For what reason would you not believe him? A. Because he has obtained money from me on several occasions on promises which he never performed, and which I believe at the time he never intended to perform.

MR. BODKIN. Q. Have you any other reason? A. He has told me that he was a common procurer of bail, and would swear any thing if he was paid for it.

MR. SHEPHERD. Q. On what occasion has he made this declaration to you? A. I was some time ago arrested for 500l., by a person calling himself Jonathan Clark - I indicted the man for perjury, for I did not know him, and never owed him the money; subsequent to my indicting him, Bushel and another man came and said they would point out the person who had arrested me - Bushel came repeatedly, saying he could point out the person who arrested me, and he has on different occasions obtained from a shilling to a sovereign; he and Brook came to me one afternoon, and said, "We have found the man, and if you will appoint your officers to be at Spa-fields, he shall be taken; I went with the officers - Brook pointed out a man named Wild; Bushel was there: Wild was taken and confined two nights in Giltspur-street, and on Monday morning two persons, calling themselves attornies, swore positively he was not the man; he was consequently discharged, and I had an action brought against me - when Brook pointed the man out Bushel said that was right; Wild was first taken to Marlborough-street, and at a public-house there Bushel and Brook obtained from me another sovereign; I have come here with great reluctance, in consequence of being subpoenaed this afternoon.

JURY to EDWARD BEAUMONT . Q. Is the receipt said to be written by West, a peculiar form of office, or is it a common receipt, which could be written by an uninformed person? A. It is written according to the usual form; it might be worded different, and yet would be paid, but I should require it to be signed by the collector, and it must be transmitted with the warrant.

JURY to JAMES JOHN SMITH . Q. After seeing these people get into the coach, where did you go? A. To the Bull and Mouth; I got there about one o'clock on Friday, the 28th of August, set off that night by the mail, and got to Taunton about half-past one o'clock next day; the others went by the North Devon coach from the Bull and Mouth - I am certain Maynard did not go by that coach; I got there about six hours after the North Devon coach, and found them together about three o'clock.

JONES - GUILTY (on the Counts only, which charge him only as an accessory.) Aged 25.

Transported for Seven Years .

MAYNARD - GUILTY (of uttering) - DEATH . Aged 36.

WEST - NOT GUILTY .

NEW COURT SIXTH DAY.

Third London Jury - before Mr. Common Sergeant.

1799. WILLIAM WILSON was indicted for stealing, on the 8th of August , 2 pocket-knives, value 4s. , the goods of Charles Griffin .

SARAH GRIFFIN . I am the wife of Charles Griffin , a perfumer , of Skinner-street . On the 8th of September, at half-past seven o'clock in the evening, the prisoner came and asked for some pen-knives - I showed him several; he said they were not good enough; he wished to have some with two blades, and said he wanted two of them to make a present of; I showed him some, and he chose two at 2s. 6d. a piece, but he said I ought to let him have them for 4s., which I agreed to do - he took the money out of his pocket; I was going to wrap them up, but he took them up, said he wished I might get the money, and ran out- I cried Stop thief! my brother pursued, and brought him back with them in ten minutes; I am certain of him.

Prisoner. She said when I was examined that the young man who came in cut a bit out of his thumb; when she saw me at the watch-house I had my coat off, and she said I was not the man. Witness. He cut a small piece out of his thumb in opening one of the knives, and it bled at the watch-house; he was rather intoxicated, but perfectly conscious of what he was doing.

HENRY ANDERSON . I am the prosecutrix's brother. I was in the next shop, which is only separated by a thin partition; I heard her cry Stop thief! and ran out; she was at her door, and pointed to a man running across the road - I pursued him across Fleet-market, and when he got to Holborn I took him; I did lose sight of him, as he got between the stalls.

THOMAS WILDER . The prisoner was brought to the watch-house; there was 6s. 6d. and a farthing found on him, but no knives; there was a cut on the joint of his thumb, which the prosecutrix described; he was not very drunk - he said, what a pity it was, and that he was a hard - working man.

Prisoner's Defence. I came down the hill - I do not know the name of it; there was a mob of people shouting Stop thief! I ran - a man came and took hold of me, and said I had stolen two knives, which I had not.

GUILTY. Aged 23.

Recommended to Mercy . - Confined Two Months .

1800. JOHN FAIRER was indicted for stealing, on the 27th of August , 6 pairs of stockings, value 12s.; 2 pairs of gloves, value 6s.; 1 handkerchief, value 4s. 6d., and 48 yards of silk, value 7l., the goods of Joseph Clow and another, to whom he was servant ; and JOHN DOWLAN was indicted for feloniously receiving 1 handkerchief, value 4s. 6d., and 48 yards of silk, value 7l., part of the same, he well knowing them to have been stolen ; against the Statute.

THOMAS WATERS . I am an officer of Worship-street. On the 27th of August, I was in Pitfield-street, and met Dowlan with a bundle; I asked what he had got, he said silk, and he was going to take it to some young woman he knew at the mad-house, at Bethnal-green - that he bought it in Holborn on Saturday night, of a man he did not know, at 2s. 6d. per yard, and gave 5l. for the whole; I took him into a public-house, looked at it, and then took him to the office - he said there, that he had lived with Mr. Maynard's fourteen days; I went there, and found it was right - he said he lived at No. 5, Harford-place, Drury-lane, and then at No. 2, West-street, Smithfield; I took Maynard's young man with me, and went to West-street - I found he lived there, but did not find any thing; we went on to No. 5, Harford-place , and there found this handkerchief in Mann's hat, who lives there - I asked Mann where he got it; he said he bought it - the next morning I went to Mr. Maynard's again; they knew the pattern of the handkerchief, and sent for Messrs. Cummings and Clow, who lived next door - they knew all the goods; Fairer was at that time out; when he returned, I asked him if he knew a man named Dowlan - he said No; I said, "What, not the porter next door?" he said, "Yes, I do;" I then asked if he ever sold him or given him any handkerchiefs, or silk; he said No; I then produced the property - he began to cry, fell on his knees. and said he hoped his master would forgive him, that the Irish had led him into it - I cautioned him to say nothing; we went and found these stockings in his box; I took him to the office - when Dowlan was before the Magistrate, Dowlan said Fairer had given them to him to sell.

Cross-examined by MR. CLARKSON. Q. Are these articles in different pieces? A. Yes, cut in twelve yards each.

MARK MANN . I am a newsman, and live at Harford-place. Dowlan did live with me; this handkerchief was found in my hat, my sister had bought it of Dowlan, in my presence, the day before - he said he was a hawker; he had some silk with him, but I do not know how much; he had other handkerchiefs, but not of this pattern.

JAMES CUMMINGS . I am in partnership with Joseph Clow , we are haberdasher s - Fairer was our porter for thirteen months - he lodged in our house; these pieces of silk I know to be ours, they were cut off the lengths - it is almost impossible to miss them - but on unrolling two of the pieces they were found deficient of these lengths; we have compared them all, and know them to be ours, but only two have been cut off whole pieces; this is a new handkerchief of a pattern we had - these stockings and gloves were found in his box, and I believe them to be ours - the gloves had been worn, the stockings are new; Fairer said, when he was taken, that he had been deceived by the Irishmen, and they had ruined him - that he had never been guilty of the like before, but we afterwards found these things in his box.

Cross-examined by MR. CLARKSON. Q. Do you know who he means by the Irishmen? A. No; I have not the ticket which was pinned to the silk - we believe we had not sold the pieces of silk; we began taking stock on the 30th of August.

Cross-examined by MR. BARRY. Q. I take it you do not sell all the stock in your shop? A. No; we have several shopmen who have particular articles for sale; these are about the length of gown-pieces - we had none but these individual pieces of this kind.

MARY MANN . I bought this handkerchief of Dowlan for 2s. 6d. - he asked 3s. for it; he had more for sale, and some silk; he said he was a hawker - I gave the handkerchief to my brother.

MR. CUMMINGS. This is our handkerchief, and is worth 4s. or 4s. 6d.

JURY. Q. Have you any mark besides the pattern? A. It was the last we had of the pattern, and it was missing - we had sold the pieces; the value of the whole is 6l. or 7l; Fairer was not alone in the shop to my knowledge; he was not employed about the silks; he might get access by taking down the inside shutters which we put up on Sundays and at nights; whether he picked the lock or not I do not know; he has been a whitesmith; the locks are but common ones - he said it was on Sunday afternoon he got them.

COURT. Q. What did he say? A. I inquired how he had got access to the shop - he said on Sunday afternoon, and that he had persuaded one of the servants to go away, which she did, contrary to my orders.

THOMAS WATERS . I heard the prisoner say he got the stockings on Sunday afternoon. when his masters were out, and the silks at night when they were gone to bed; I cautioned him not to say any thing.

FAIRER - GUILTY . Aged 22.

DOWLAN - GUILTY . Aged 21.

Transported for Fourteen Years .

1801. WILLIAM HUMPHRIES was indicted for stealing, on the 28th of August , 1 watch, value 2l. 10s. , the goods of Mary Claridge .

MARY CLARIDGE . I am a widow, and carry on the milk business - I live at Camberwell . The prisoner came on the 28th of August to see my servant and my sister; he comes out of our country - and he said he had got a letter from our country, which is Gloucestershire; he staid about three-quarters of an hour; I was backwards and forwards in the kitchen - after he was gone I missed a silver watch off a nail over the mantel-piece - I had seen it while he was there - this is it.

Prisoner. Q. Did you observe it after John Hemmings left the house? A. I do not know that I did - he left about a quarter of an hour before you.

MARY WHITE . I am the prosecutrix's niece. The prisoner came to see me; the watch was on the mantel-piece; I saw it at twenty minutes before he left - he left at twenty minutes after twelve o'clock; I did not notice it after Hemmings left.

JOHN BENBRIDGE . I am shopman to a pawnbroker. I took in this watch from the prisoner on the 28th of August, between two and five o'clock, in the name of William Humphries .

Prisoner. Q. Can you swear I am the man? A. I can, for he asked me the value of it at the time - our shop is at Aldgate.

ROBERT PINDER . I am an officer. I took the prisoner on the 29th of August; he said he knew nothing about it; Mary White said, "Bill, what did you take it for?" he said,

"I did not."

GUILTY . Aged 34.

Transported for Seven Years .

1802. WILLIAM COLSON was indicted for stealing, on the 25th of August , 1 tin box, value 3d.; I sovereign, and 1 half-crown, the property of Joseph Dorrell , from his person .

JOSEPH DORRELL . I am a waggoner . I had a tin box with one sovereign and one half-crown in it, in my left hand pocket, on the 25th of August; I was coming down Chiswell-street ; the prisoner said to me,

"Joe, do you drive the Chesham waggon?" I said Yes - he asked if I was going down to it; I said Yes - he said he was going that way, and as we were going along I lost the box and money from my pocket; I did not see it taken, but the officer asked me if I had lost any thing - I said "Yes, a box;" I suppose the prisoner walked half a mile with me- I had it safe while he was with me: I had been to Mr. Chapple's, and paid him four sovereigns about a quarter of an hour before - the officer showed me the box; I said it was mine - the prisoner was close to me and another boy; the officer took them both.

JOSEPH NEWSOM . I am an officer. I saw the prisoner and another boy, one on each side the prosecutor, leading him along - I saw the prisoner put his hand into his pocket several times; I followed them to Barbican - they separated from him; I went, and took them both - the prisoner dropped this box at my feet; there was some tobacco in it, but nothing else - the prosecutor was drunk- he said he had lost his box, and at the office he said there was a sovereign and a half-crown in it.

(Box produced and sworn to.)

Prisoner's Defence. The officer came and took me, and said I dropped the box, which I did not.

GUILTY . Aged 16.

Transported for Fourteen Years .

1803. WILLIAM LEWIS was indicted for stealing, on the 9th of August , 1 handkerchief, value 5s., the goods of Robert Howson , from his person .

ROBERT HOWSON . On the 9th of August, about nine o'clock in the evening, I was at the top of Cow-lane with a female; I felt my handkerchief go from my coat pocket - I turned, and saw the prisoner give it to another; I followed them. but the other got off - I followed the prisoner to Fleet-market - he began to run; I called Stop thief! and he was secured - I have no doubt he saw me; he stopped himself when I cried Stop thief! I am sure he gave the handkerchief to the other - I was quite sober.

Prisoner. Q. Where did you take me into custody? A. In Fleet-market; I did not take the other because I wished to secure you both if possible; you attempted to get away, but could not.

JAMES SLATE . I am a constable. The prisoner was brought into the watch-house a little after nine o'clock - he had nothing on him but a little iron screw-driver and a handkerchief, which he said was his own.

Prisoner's Defence. I was in Cow-lane , and saw this gentleman take notice of me - I went on my way down to Fleet-market; I heard some person cry Stop thief! or Stop him! I stopped, and went back towards the prosecutor - I took out my own handkerchief while I was passing the gentleman, and wiped my face with it.

ROBERT HOWSON . My handkerchief was a red one, and this is green - I did not see the prisoner take it out, but I saw him with it; he gave it to the other, who turned off to the right - when I got to the turning, the other was out of sight; I am sure it was my property - I had used it a few minutes before; it was a fine night, and just twilight.

GUILTY . Aged 22.

Confined Six Months .

1804. GEORGE DASH was indicted for stealing, on the 24th of August , 1 pair of trousers, value 17s. 6d., the goods of Edward Philips Doudney and another .

GEORGE DAVIS DOUDNEY . I am the son of Edward Philips Doudney ; he is in partnership with my brother, and they are tailor s. On the 24th of August I was in the shop, and heard a noise - I went to the door, and saw the prisoner running up the court, tucking up something before him; I called Stop thief! and pursued - I lost sight of him when he turned, but when I turned I saw the same person running; I saw him throw the trousers down and stooped to get them, but I could not - I called Stop thief! and he ran into the officer's arms; the trousers were picked up and brought to my father's shop - I saw them in the shop not two minutes before; I have known the prisoner from a child, and know his mother.

JOHN BARNLEY . I am an officer. I stopped the prisoner going into the George and Vulture in George-yard- he was running, and people after him crying Stop thief!(Property produced and sworn to.)

Prisoner's Defence. It rained very fast, and I was running - I never had the trousers.

The prisoner received a good character.

GUILTY . Aged 20.

Confined Two Months .

1805. WILLIAM GOULBOURN was indicted for embezzlement .

THOMAS HALL . I am a linen-draper . The prisoner was in my employ - he was to receive money, and take it to a cashier, with a cheque for the amount, on paper - he was to make a bill, have it examined by a second person, and then take the money to the cashier - here is the prisoner's cheque-book in which he enters the amounts he receives; here is 7s. 1 1/2d. entered on the 12th of August, instead of 1ls. 1 1/2d.; the whole amount of the bill was 14s. 1 1/2d., and the lady paid 3s. afterwards.

Cross-examined by MR. BARRY. Q. How long has he been in your employ? A. Five months - I have a lad named Champness, who has been my cashier some time - we have occasionally found errors into which he has fallen - we have discovered mistakes among the shopmen, which have been shortly afterwards rectified; the lady came afterwards, and paid 3s., which is regularly passed to account - he gave a ticket of the last payment - there had been a quarrel between the prisoner and Champness; the prisoner struck him.

ANN HARLOW . I went to the shop on the 12th of August, and bought goods amounting to 14s. 1 1/2d.; I paid the prisoner 11s. 1 1/2d., and said I had not sufficient with me, but I would bring the other 3s.; when I went in, I wished to be served by the prisoner - some other persons came in while I was there - this is the bill the prisoner gave me; it is 14s. 1 1/2d.; it has no receipt to it.

Cross-examined. Q. You did not desire that the part not paid should be marked on the bill? A. No; when I went back, I went to the prisoner, and paid him - two ladies came in to look at some crape shawls, after I was served - I do not recollect whether he attended to them before he made my bill out - he took the 3s. to the cashier the moment I gave it him, but the first money he did not take for several minutes; he was looking for a sheet of paper to put the goods in.

THOMAS BROWN CHAMPNESS . I am cashier to the prosecutor. On the 12th of August the prisoner brought me this cheque of 7s. 1 1/2d., which he paid me.

Cross-examined. Q. How long have you been in the service of the prosecutor? A. Fourteen or fifteen months- I am apprentice there - Mr. Hall has complained of errors in my cash accounts; I do not recollect his saying he would turn me away - errors have been made by me, or the shopmen; an explanation has been given afterwards - I quarrelled with the prisoner, and he struck me; but I was not set to watch him particularly - there were a great many people in the shop - I saw two other ladies come in, but I think that was after the ticket came to me; I received the 3s.; I did not see Mr. Phillips present - I did not hand the money over to Mr. Phillips; I believe Mr. Phillips and all the rest were present when the prisoner was charged with this.

COURT. Q. Has there been any charge against your honesty? A. No, there have been mistakes.

MR. BARRY to MR. HALL. Q. I believe you had a good character with the prisoner? A. Yes, for three years - I had engaged him as a foreman, and had the greatest confidence in him till within a few days.

COURT. Q. When did you tell him of this? A. About two hours after it occurred - he denied it altogether, till the lady was brought over, and then he admitted it - the cashier slipped out after the lady, and asked what she had paid; when the lady was brought back, the prisoner admitted it, but did not say how it happened.

Cross-examined. Q. Do not you know he had served other ladies before the charge was made? A. Yes, he served thirty-four customers that day - it was about nine o'clock at night when I spoke to him.

JURY. Q. Was the lady sent for? A. Yes; I had been over to inquire the particulars, and then brought her to the shop - he said, "I admit the lady paid me 1ls. 1 1/2d." he did not say he meant to pay the 4s. at some other time, nor would any young man be allowed to do so - that is my peremptory order.

COURT. Q. Suppose he had wanted 4s. for any purpose? A. He should have taken the whole money to the cashier - it does not appear by his book that the other ladies were served - the sums just above and below this are 1s. 10d. and 1s. 4d., and then here is a cheque for 5l. 12s.; the 7s. 1 1/2d. is not in the right place in his book; it is added afterwards.

MR. BARRY to THOMAS BROWN CHAMPNESS . Q. Was the cheque given with the money at the time? A. I believe it was a minute or two after he paid the money.

Prisoner. Q. Has not Mr. Hall entered the amount of your deficiencies to your father both before and after I was in the house? A. Yes - I believe you did say there were 3s. more to pay; I do not recollect that you were attending to any ladies at the time - you have at other times given your money without a cheque, when engaged with a second person - on the Monday night, I entered 1s. 9d. to your name which did not belong to it.

Prisoner. Q. Have you not left your desk totally unattended to for a quarter of an hour? A. No; I may for ten minutes - I do not think I was down stairs for twenty-five minutes while Mr. Hall was at Margate.

Q. If a young man has given you a cheque, and it has been wrong, have you not asked how much he gave you last time? A. Yes; you have set me right - you were engaged with two ladies when you brought the 3s., but not when you brought the 7s. 1 1/2d., to my knowledge.

Prisoner to MRS. HARLOW. Q. I believe at the time I was serving you, these ladies were sitting by you? A. Yes; you served them, and while you served them, tied up my parcel.

JURY. Q. When you were brought back, what took place? A. The prisoner denied having received more than 10s. 1 1/2d. - I said, "Either you or I must have wronged Mr. Hall;" he paused for a while - I again said,"Either you or I must be guilty; I will take my oath I paid you 14s. 1 1/2d." - he said, "Well, then, I admit I have kept it;" Mr. Halls said, "Goulbourne denies having taken more than 10s. 1 1/2d. of you;" I saw him take the first money to the desk, and heard him say "The lady will bring you 3s."

MR. BARRY. Q. Did not you say he was hunting for some paper? A. Yes; and the crape shawls for the ladies to look at were then on the counter, but I think the bill was made out before they were on the counter; I think the ladies applied to another young man first, and the prisoner said "If they will wait, I will attend to them;" the money laid on the counter at the time - he should have taken the bill up to the desk, but he did not; he gave it to me.

The prisoner, in a long address to the Court, positively denied all intention of keeping the money; stating that it arose from a mistake on his part, and that the prosecution was the result of vindictive motives on the part of Champness.

THOMAS BROWN CHAMPNESS re-examined. Q. What did he strike you for? A. Because I told that he threw a dog into the cellar; I said he should not strike me again- that was all.

GUILTY. Aged 30.

Recommended to Mercy by the Jury . - Confined 12 Months .

1806. WILLIAM WHITE , WILLIAM WELLS , and JOHN WOOD were indicted for stealing, on the 28th of July , 1 handkerchief, value 2s., the goods of Thomas Spooner Rowsell , from his person .

THOMAS SPOONER ROWSELL . I was opposite the Mansion-house , on the 28th of July, about a quarter before three o'clock - I heard some one call, "Sir, you are robbed;" I missed my handkerchief, and saw it on the ground - I had had it not ten minutes before; this is it: I saw White and Wood in custody when I turned round; Jeffries had one and Breakwell another - I did not see Wells.

GEORGE JEFFRIES . On the 28th of July, I took hold of Wood, a little before three o'clock, having suspicion that he was picking pockets - I did not see him do any thing, but I had seen him for about an hour in company with the other two, passing up and down Ludgate-hill; I saw the prosecutor's handkerchief on the ground, just before he was aware he had lost it; I did not see it fall, but it was nearest to White - Wood was close to him, and Wells within one yard.

Cross-examined by MR. LEE. Q. Were there many other persons there? A. Yes; I did not see Wells do any thing - they were altogether; I had before seen White attempt to pick a gentleman's pocket, and at that time Wells was about a yard and a half from him; I am a solicitor - I do not usually walk about the street; I had not seen Wells till within that hour, but I can swear he was one of them.

WILLIAM BREAKWELL . I am a carrier. I saw the prisoners together by the Old Jewry - they walked towards the Mansion-house; I saw White take the handkerchief from this gentleman's pocket; I got out of my cart, and caught hold of him - he threw the handkerchief down; the other two were within a few yards of him - Wood was within a yard and a half of him, and Wells within four or five yards - Mr. Jeffries took hold of Wood - he then went into the Poultry, and took Wells.

Cross-examined. Q. How many persons were passing? A. Several; White was not twenty yards from the other two - there might be six or seven people between them when I saw White on one side of the road; Wells and Wood ran across to try to draw him away by whistling and beckoning, but he would not come - White was then following the prosecutor, but the robbery had not then been committed.

MR. LEE to MR. JEFFRIES. Q. What time did you see them on Ludgate-hill? A. About two o'clock - I looked at St. Paul's clock; I think it was not past two - it could not be more than half-past two.

COURT. Q. Did it appear to you that they were within a yard and a half of White? A. It appeared so.

Prisoner White. Q. Was there not a boy with me who told you where the handkerchief laid? A. No; I did not pick it up - there might be two persons between Wood and the boy.

DANIEL FORRESTER . I am an officer. I received them in custody.

White's Defence. I was coming by the Mansion-house with another boy; the witness said I had picked the gentleman's pocket, and the boy with me told where the handkerchief laid.

WHITE - GUILTY . Aged 15.

Confined Three Months , and Whipped .

WELLS - NOT GUILTY .

WOOD - NOT GUILTY .

1807. JAMES KINNOCK was indicted for stealing, on the 6th of August , 6 pairs of stockings, value 15s., the goods of William Wilson and others, his masters .

WILLIAM WILSON . I am in partnership with two other persons - we live in Martin's-lane, Cannon-street , and are hatter s; the prisoner was in our employ. On the 6th of August he went out, I believe to go to dinner; one of my partners followed him, and one of the porters - he was brought back, and I charged him with having stolen some stockings; he said he was very sorry, he had done so, and that he had been tempted to steal them - the officer took these stockings from his trousers.

Prisoner. Q. Did you not promise if I made any confession you would not hurt me? A. No, I made no promise of any kind; we perhaps kept him a quarter of an hour in conversation, as we wished to know if he could give us any information on an another subject - he gave us a great deal of information.

CHARLES HERDSFIELD . I took the prisoner - he had these stockings in his trousers, and two pairs in the crown of his hat; he said they were his masters', he was very sorry, but he had been pressed to do it by another person.

GUILTY . Aged 18.

Transported for Fourteen Years .

1808. MICHAEL BATEMAN was indicted for stealing, on the 1st of August , 1 seal-skin cap, value 5s., the goods of William Reading , from the person of William Reading , the younger .

SOPHIA READING . I am the wife of William Reading; my son William was with me in Butcher-row - I told him to walk on; he got a little way before me: I saw the prisoner take the cap off his head, and give it to a lesser one, who ran away - I collared the prisoner, but the other with the cap got away.

JAMES ROBERTS . I am an officer, and took the prisoner - he said he knew nothing of it.

Prisoner's Defence. The woman cried out Stop him! I stopped - she came up, and said had I the child's cap; I said, "What cap? search me - I have no cap;" she laid hold of me - she said she was not sure of the man, but she would be paid for her cap.

SOPHIA READING . I never said any such word - when I took him I said, "It is you, Sir, is it?" for he had been attempting to take the beads off my child's neck two days before - this was about ten o'clock in the evening; as we walked we were abreast - there was no one but the child, the prisoner, and myself, in a line; I saw it taken, and collared him directly.

GUILTY . Aged 18.

Confined Two Months .

1809. JOSEPH BUTTON was indicted for stealing, on the 5th of August , 1 handkerchief, value 2s. , the goods of William Clements .

WILLIAM CLEMENTS . I am a chair and couch manufacturer . On the 5th of August the prisoner was allowed to be at my room till the next day, as he was going to sea; about five o'clock he asked to go out for an errand, and did not return - when he was gone I missed the handkerchief from the bed; I searched the place, but it was not there - I accused him of it the next morning, and he denied all knowledge of it.

GEORGE KNAPP . I am a pawnbroker. I have a handkerchief, pawned by the prisoner on the 5th of August, about five o'clock in the afternoon, in his own name.

THOMAS HARRISON . I am an officer, and took the prisoner; he at first denied it, but when I said we had found it, he gave me this duplicate - I asked how he came to do such a thing; he said he thought the Court would get him a ship.

Prisoner's Defence. I did not intend to keep it; I had the money to get it out when I was taken.(Property produced and sworn to.)

GUILTY . Aged 18.

Judgment Respited .

1810. GEORGE McANN was indicted for stealing, on the 29th of July , 1 handkerchief, value 2s. 6d., the goods of Jabez Balek , from his person .

JABEZ BALEK . Between twelve and one o'clock on the 29th of July, as I was going down Barbican , I felt something go from my pocket; I felt, and missed my handkerchief; I turned, and saw the prisoner about a yard from me, with it partly out of his right-hand breeches pocket - I said, "My boy, whose handkerchief have you got there?" and made a snatch at it; he ran off, and was taken within forty or fifty yards - this is the handkerchief; my nose had bled in the morning, and it has the mark of blood on it now.

THOMAS WHITE . I received the prisoner, and found another handkerchief on him; I asked him what mark was on it, and he gave me quite a different mark to what is on it.

Prisoner's Defence. My mother bought it at a pawnbroker's; I wore it on my neck till lately - this other one I picked up at the step of a door; there were two or three young men walking by me - I did not know what they had done.

GUILTY . Aged 15.

Transported for Fourteen Years .

1811. THOMAS CONNOLLY was indicted for stealing, on the 28th of July , 1 hat, value 6s. , the goods of George Chapell .

JOHN HOLLAND . I am a street-keeper of St. Andrew, Holborn . On the 28th of July, I saw the prisoner and another standing a few yards from Mr. George Chapell's shop; I crossed the way and watched them - I saw the other snatch this hat from the door, run up a little court and give it to the prisoner - I ran and took one of them in each hand; they struggled, and my hat fell off - the other got away, but I kept the prisoner and the hat.

Prisoner. I could not run; I have lost the use of one side - I was coming home, saw the paper and took it up; he came and took me - I said, "Mr. Holland, I have not taken the hat, I picked it up;" he had a row with in mother and said he would do something with us.

JOHN HOLLAND . It never was on the ground at all; the other tore the paper off and gave it to the prisoner -I was called into a house where there were some Irish, and received a cut on my head; but I had no piece of work with his mother.

JURY. Q. Have you any means of knowing they were together? A. They were talking together before it was taken.

GUILTY . Aged 18.

Transported for Seven Years .

1812. SARAH SKELTON was indicted for stealing, on the 31st of July , 19 yards of printed cotton, value 14s. , the goods of Jesse Pim .

HENRY TEAL . I am in the service of Jesse Pim , linen-draper , of Barbican . On the 31st of July, the prisoner came to the shop; I was showing her some prints -I saw the upper pieces move, and one slipped off the counter; the prisoner had bought eight yards of one, paid 1s. on it and said she would call for it at night - I accused her with taking one off the counter - she denied it; I came round, looked into her basket and found it there - this is it; there is nineteen yards of it - it is one I had shown her, and asked her 1s. a yard for.

Prisoner. It was not in the basket. Witness. Yes, it was; I took it out myself when I accused her of it; she took her basket and put it on the other side of her, and put her apron before it - when I found it, she said she did it through distress; that her mother was lying ill in bed, and she lived at No. 25, Golden-lane, which is false - she was not known there.

JOHN WILLIAM HARRISON. I took the prisoner; she said she did it through distress - she had 1s. 3d.

The prisoner put in a written Defence, stating she was not conscious of the property being in her basket.

GUILTY . Aged 19.

Transported for Seven Years .

1813. JAMES TURNER and WILLIAM PARKER were indicted for feloniously breaking and entering the warehouse of James Newton , on the 15th of August , and stealing therein 15 glass bottles, value 3s. 9d., and 2 gallons and a half of wine, value 2l., his property .

FRANCIS HILL . I am clerk to James Newton - his premises are in Harrow-alley, Aldgate High-street , in the parish of St. Botolph. I went on Sunday morning, the 16th of August, to examine the premises - I found two locks broken and fifteen bottles of wine taken away; we picked up a crow-bar in the warehouse - Mr. Newton is a wine-merchant; I have seen some of the wine since, and have every reason to believe it is Mr. Newton's - one of the bottles has our seal on the cork, and this neck of a bottle has the seal.

JAMES ROBERTS . On the 16th of August I was in Harrow-alley, about two o'clock in the morning; I went up the yard towards Mr. Newton's cellars, and saw the two prisoners coming out - I went up to them, and said,"What do you do here?" Parker went on - I stopped Turner, and said, "You seem very much loaded, you had better let me help you" - he had, I think, seven bottles about his body and in his coat-pockets; I took two bottles from him - he then pretended to run after the other prisoner; I called Stop thief! and did not lose sight of Turner - he was stopped as he crossed the street; Parker was brought in after I took Turner, and I have no doubt of his being the man that was with him - these are the two bottles I took from Turner; when he was stopped these bottles were broken, down his trousers, and these others were taken from him at the watch-house - I found this phosphorus-box on Parker; Mr. Newton's cellars are about three hundred yards from the street.

Cross-examined by MR. CLARKSON. Q. Where was this? A. In a yard up Harrow-alley, in Aldgate High-street - I have no doubt of Parker; I described his jacket - he was not in my presence half a minute, and I had never seen him before; I should not like to be too positive.

Cross-examined by MR. LEE. Q. Is there any lamp in the passage? A. Yes, a gas-lamp just over where he was - I am positive I never lost sight of Turner; I was close at his heels - I knew him before.

JOSEPH WHITNEY . I am a watchman. At two o'clock that morning I heard a cry of Stop thief! I saw Turner run across the road - I ran and knocked him down; I took him up, and found in his breast two bottles, in his waistcoat two more, and in the thigh of his trousers this other bottle, broken - there was no one else running.

Cross-examined by MR. LEE. Q. What distance was this? A. About forty yards from Harrow-alley, on the opposite side.

WILLIAM MILLER . I saw Parker running down Petticoat-lane, about two hundred yards from Harrow-alley, just before two o'clock - I told him to stop, and crossed to meet him: I hit him with a stick - he whipped over the way, put his hand into his bosom, took out a bottle, and hove it at me; I ran and sprang my rattle - he made a stop, and threw another bottle at me; my partner came up and stopped him - a third bottle fell from him and broke; there was red wine in that - I took up the necks of the others, but there are no marks on the corks.

Cross-examined by MR. CLARKSON. Q. How do you know it was not red mixture for colouring wine? A. I could smell it was wine - there was a gas-light just over our heads; the neck of that bottle was broken.

JURY. Q. Had you time to notice whether there was any wine in the bottles which he threw away? A. No - it was a very wet night.

DANIEL SHEPHERD . On Sunday morning, the 16th of August, I was on duty, and heard the rattle spring - I ran up and saw Parker running; I laid hold of him - he let a bottle of wine fall, which broke all to pieces.

Cross-examined by MR. CLARKSON. Q. It was a very wet night? A. Not then - it was very fine; it had been raining - I have no doubt the other bottle was intended for me, had it not slipped out of his hand before he had the opportunity of throwing it; I found by the smell that it was port-wine - I swear it was not claret.

Turner's Defence. I had been at a public-house, and had occasion to go up this passage - I saw the bottles; I was going to apprize the owner of it - there is some sheep dung up the alley.

Parker's Defence. I work on board some barges, for Mr. Curry, of Russell-buildings - I was going home, up Petticoat-lane, and the first watchman struck me; I certainly had three bottles, but they were not wine - he broke one, and one fell down; I did not run, but was going along, and the other watchman took me.

MR. HILL. I have now opened the bottles - they are port, and we missed bottles of this description.

Cross-examined by MR. LEE. Q. Had you occasion to inspect the cellar? A. I had been there two or three days before - no bottle is sold out of that cellar; they come to our house for it - I swear it was not sold, because I keep the books; I could see by the saw-dust that some had been taken.

COURT. Q. What was the wine kept there for? A. For stock - we never go there for small quantities; we use it as a warehouse - it is a large cellar or vault; I missed fifteen bottles. TURNER - GUILTY . Aged 27.

PARKER - GUILTY . Aged 20.

Transported for Fourteen Years .

1814. CHARLES WILSON was indicted for stealing, on the 20th of July , at St. Michael, Cornhill , 28 pieces of foreign gold coin called Napoleons, value 22l., the property of Adey Bellamy Savory , in his dwelling-house .

SECOND COUNT, the same, only omitting the words in italics.

ADEY BELLAMY SAVORY . I am a dealer in bullion , and live at No. 14, Cornhill . I had forty-five Napoleons on the 20th of July, and twenty-eight of them were taken; I had not noticed them very particularly; I deal in money generally - they were taken from my son; I was present, but did not see them taken; they were usually kept in a drawer, or in a bowl in the window.

JOSEPH SAVORY . I am the prosecutor's son. On the 20th of July a person came into the shop and asked for 50l. worth of French money - I counted out forty-five Napoleons into my hand and laid them on the counter; I turned to my desk to reckon what they would come to, and the person who came for them said he would step into Birch's and take something while I made the account; the prisoner then came in, seized a handful of the Napoleons, and ran off - I called my father from the back shop, and jumped over the counter - I pursued the prisoner down Pope's Head-alley and Lombard-street to the Mansion-house; a person I knew, of the name of Finch, was coming by, he saw I could hardly catch him, he caught him, and brought him back - the prisoner was running: Finch is not here; I took the prisoner to our counting-house, and went back to Pope's Head-alley to look for one Napoleon he had dropped, but it was gone; he had the rest of the money on him.

Cross-examined by MR. LEE. Q. Were they in your possession? A. They were on the counter close before me; I did lose sight of the person who took them for perhaps half a minute or a quarter of a minute - he ran two hundred or two hundred and fifty yards before he was taken; it was about five o'clock - there were a great number of persons about - our dwelling-house is in the parish of St. Michael, Cornhill; the Napoleons were within half a yard of me - they had not been paid for.

COURT. Q. Had there been any bargain between you? A. No.

WILLIAM WORCESTER . I took the prisoner at the shop a quarter before five o'clock; I saw the witness coming with him - I went and searched his person; he said, "They are in this pocket;" and took twenty-five Napoleons out of his right-hand pocket, and put them into my hand; I felt in his pocket and found one more, and one was found on the mat of the door - one I understood was lost.

Prisoner. Is the property in Court?

JOSEPH SAVORY . No; the gentleman came in again for it and had it - he was a most respectable man.

COURT. Q. Is this a dwelling-house? A. There is a watchman sleeps there; there is a bed, but we do not use it.

Four witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 27.

Recommended to Mercy by the Jury, on account of his character .

1815. WILLIAM WARD was indicted for breaking and entering the dwelling-house of Richard Hough , on the 8th of August , and stealing 320 yards of gilt moulding, value 7l. 10s.; 12 yards of baize, value 14s., and 1 blanket, value 2s., the goods of Henry Edwards .

RICHARD HOUGH . I live in East Harding-street, St. Bride's . On Friday night, the 7th of August, my street door was double locked, by my son - when I came down in the morning the box was broken off and the lock was double shot - these gold mouldings which had been on the landing of the stairs were gone; they had been rolled up in a green baize as they are now.

Cross-examined by MR. PHILLIPS. Q. When was this? A. On Saturday morning, the 8th of August - I did not call a constable - I know a man of the name of Smith, who came half drunk to examine the door, after the prisoner had been examined two or three times - he said he came to examine the door, but he did not - I certainly was taken into custody on this charge myself, and my son; I believe that was the only charge ever made against me - I have no recollection of ever being taken up on a charge of felony; I do not recollect that I was ever taken up; if I ever was, I have forgotten it - I cannot swear to a thing I do not recollect - I have been on a Jury, and I have been a constable - I cannot give any other answer; I have known Smith but a short time; I do not know that he is a constable - I have not received any money for the evidence I am to give - I borrowed some money of Mr. Edwards; I expect the reward according to the hand-bill as I took the prisoner with the property, and if it belongs to any body, I suppose it does to me - I did not say to Edwards, "You may as well let me have some money now, as it will be part of the 5l.,; and I am sure of convicting him;" I had about 2l. which I borrowed, and the boy's wages; the boy has seven shillings a week - I had seven shillings on that, and I think I borrowed four times ten shillings of him - I believe the prisoner has a high shoe, but he can walk as well as I can - I believe I received 1l. of Mr. Edwards, on the first or second examination - I did not borrow it to get my clothes out of pawn, that I might be a respectable witness - some of my clothes were in pawn, and very likely I might take some of them out with that money - I was kept in custody from Saturday night till Monday, and was examined before Alderman Ansley - I did drink a glass of gin with the prisoner when we were looking after the moulding - I did not know him before; but when I heard where the mouldings were, I went to him politically, as I understood he had offered them to Fairbrother - I went to the Spotted Dog, and found the prisoner; I called him out, and said,"I want to speak you; but we won't go into the taproom, as there are some people there" - he made no objection to go into the parlour; he said, "I thought you were coming to tap me on the shoulder for a bill of exchange;" I said, "No, Ward, I am nothing in that way; but Fairbrother says you know a person who has some mouldings to sell;" he said, "They are as far off as Mile-end-road;" I said, "I don't mind going as far as that;" he said, "You can't see them; a friend of mine took them for a bad debt, but if you will give me 3l. 10s., I will go and fetch them;" I said, "No, but call in the landlord;" the landlord came - I said, "I will put two sovereigns in your hand, to bind the bargain; and if Ward brings the mouldings, and they are what I want, I shall have thirty shillings more to give;" the prisoner then called a man named Nelson from the tap-room, and went out to fetch the mouldings; in fifteen or twenty minutes Nelson and he brought in these mouldings; he said, "Now, here they are;" my son was present, and I believe the landlord - I looked at them, and I said, "Mr. Ward, last Saturday morning my front-door was broken open, between five and six o'clock, and you are very much like the man that came out with these mouldings;" I gave charge of him - he said he thought I had behaved very bad to him; I said, "You need not think any thing of that, as I was taken up, and was forty-eight hours in hold;" the officer said, "You had better tell who was with you;" he said, "I will have my b-y neck broken before I will split;" the reason I called him Ward was, because his wife went with me, and she called him Ward - I might have been in the same room with him before, but not to my knowledge - I have not drank gin with him before or since.

HENRY EDWARDS . I had these gold mouldings safe at my own house in the middle of the day, on the 7th of August; I went out, and left word with my lad, Samuel Hough , to leave work at seven o'clock, and take them to Mr. Moore's at the other end from the town, instead of which he stopped at his father's, the last witness, and left them there - I have seen them in the hands of the officer, and know them to be mine; also the baize and the cloth.

Cross-examined Q. How many whole windows are there in Hough's house? A. I think very few; there are very few panes of glass whole - it is very much dilapidated; I know Smith - he is a gilder; he is not a constable now - Hough has had 2l. from me by three instalments; I do not recollect when he had the first, but he said it was to enable him to appear respectable at Guildhall to give evidence - he asked for it for the purpose of taking his clothes out of pawn; but before the second hearing he sent for some more money I would not let him have it - he came in his former dishabille; whether he asked for any more then or no I cannot say - he did ask for it on the ground of what he should receive on conviction, but I said I was so little acquainted with those things, that I did not know whether he was the right man to have it, but at any rate he could not have it till after the conviction - he has made no proposition to me to quash this prosecution; he is glad it has happened, and wanted to make as much of a job of it as possible - after I refused to let him have any more money, he was ungenerous enough to serve me with a writ for false imprisonment, and I was taken up.

SAMUEL HOUGH . I was in Mr. Edward's employ, and received this property to take to Mr. Moore's, in St. Martin's-lane, but I took it to my father's house, as I have done before - I double locked the street door, and the next morning the box of the lock was off, the lock double-shot, and the door broken open; I ran out into the street very much alarmed, and a young woman said she saw two men, one in a fustian dress, a tall thin man, and the other a short stout man, with a blue frock coat and black apron.

Cross-examined. Q. What kind of house is your father's? A. A very large house - I was quite surprised at finding the door open; I had locked it - the windows are nailed up all but one; there are not above two or three panes broken - my master has said before, that if I felt myself tired I might leave my work at my father's; I was taken up, and so was my father; we have served a writ on Mr. Edwards - Smith came to examine the door; he did not examine it very attentively; he came tipsy with another man - I do not know whether he examined the door - he was standing on the steps; I suppose his eyes were three quarters of a yard from the door.

COURT. Q. You thought, from your master's practice, you might leave these at your father's? A. Yes: I was to have received some more in the wood at Mr. Moore's, and he said if I was tired I might leave them at my father's.

MR. EDWARDS. I went out about dinner time, and told him I wished him to leave work at seven o'clock, and take them.

RACHAEL WILLIAMS . I was near Mr. Hough's house about half-past five o'clock that morning, and saw two young men come out of the house without anything; they went towards Gough-square - the prisoner has the features of one of them; I observed he was a stout man, but I cannot say it was the prisoner - before six o'clock I saw a man go and push the door open, go to the corner, then go into the house, and bring something out in a green cloth on his shoulder, and go towards Gough-square; I did not know they were mouldings - I afterwards saw the boy crying, and said, "What have you lost?" he told me, and I said, "It was gone out of your house before six o'clock."

GEORGE FAIRBROTHER . I am a picture-frame maker. The prisoner came to me about the 10th of August - he called me down stairs, and said a person at the end of the court had something to sell in my way; he did not know exactly what; I went to the end of the court - a person there pulled out a piece of moulding, and said he had some hundreds of yards of it for sale; I said I did not want any of it - the prisoner was at the opposite side of the court; the mouldings were similar to these - I told Mr. Hough of it, and he asked if I could tell him where the person lived who offered them; I took him to the prisoner's house, in Star-court - he is a very respectable man; he is lame - no one can see him walk without knowing it; he goes very much on one side.

Cross-examined. Q. How long have you known him? A. About four years: I was not at the public-house when he was apprehended - I came in afterwards, and went to the watch-house; I did not hear him say he would rather be hanged than split - I do not think he did.

SAMUEL HOUGH . The prisoner said he thought he was very ill-used; the officer said, "You had better tell who was with you" - he said, "I will rather have my b-y neck scragged than split."

JOHN DUNCAN . I received the prisoner on the 11th of August. In taking him to the watch-house, I said he should tell where he got them - he said he would suffer his neck to be twisted, or something, before he would let any one into it; they were found at the Spotted Dog, in Clement's-lane.

Cross-examined. Q. Was not the word he used, that he would sooner have his neck twisted than peach? A. That might be the word - I understood sooner than implicate another person.

COURT. Q. What was it? A. I should surmise that there was some other person connected with the robbery, and he would sooner take the whole weight upon himself than tell of any other person - Fairbrother was in custody at the time.

Cross-examined. Q. He spoke rather angrily, I believe? A. Yes; I cannot charge my memory as to whether I spoke to him about my being in difficulties, and had got over them - I might have said it, or I might not; I have been tried, but I really do not know whether I said so to him or no - it was an attempt at a rape charged against me - you pleaded the cause for me, and I was honourably acquitted.

Prisoner's Defence. I am totally innocent; it is necessary to state that I wear a cork shoe four inches high - this girl said she saw some person come out like my features; this prosecution has been got up for the money - this man got bills stuck up; a person came to me, and asked if I knew a person in the gilding line - I said, Yes, and directed him to Fairbrother; Hough then came to me with my wife, and made me drink; as he told the Alderman - he made people drunk, and then got any thing out of them; he then said I knew a person who had some gilt mouldings, and if I would bring them, he would give me 2l., and no questions should be asked - he then sent for a constable, and had us all taken. NOT GUILTY .

1816. JOHN ROBERTS was indicted for stealing, on the 6th of August , 1 pair of half-boots, value 4s. , the goods of George Clarke .

SECOND COUNT, stating them to be the goods of Jane Clarke .

GEORGE CLARKE . I am a shoemaker and Manchester warehouseman : my dwelling-house is at No. 29, Stonecutter-street , where my wife keeps a shop . The prisoner and another man came there with each a basket, on the 6th of August - the prisoner asked for some half-boots to look at, and then said he would come again; the other man then said he would come again - my wife said to the prisoner."Where are those I showed you?" he said, "You put them into the glass case:" I said to him, "Let me look into your basket;" he set off and ran - I pursued; he dropped the basket, and it contained these boots; I took them up, and a neighbour stopped him - I gave him in charge.

JANE CLARKE . I am the prosecutor's wife: he has stated what is correct. I had seen these boots safe ten minutes before.

WILLIAM DRINKWATER . I am an officer. I took the prisoner - these boots were given to me; he had a crown-piece and a sixpence.(Property produced and sworn to.)

Prisoner's Defence. I had no intention to steal them.

GUILTY . Aged 27.

Transported for Seven Years .

1817. MARY MAHONEY was indicted for stealing, on the 22d of August , 8 1/2 yards of ribbon, value 6s. , the goods of Henry Gaze .

- GAZE. I am the wife of Henry Gaze : he has a milliner's shop in Cheapside . The prisoner came there, and asked to look at some ribbons, at half-past five o'clock, on the 22nd of August; I shewed her some - she staid above five minutes; she did not buy any, but was going away - I saw something under her shawl, turned it back, and saw this ribbon, which I took from her; it was one of the pieces I had shown her - she said she had not taken it.

Prisoner. Q. Did I turn from the counter? A. You went a little way from the counter - I do not think you turned your back.

Prisoner. I stood at the counter, and you accused me of stealing it; I looked, and it was on the counter, under my shawl. Witness. She was about half a yard from the counter - I saw something project under her shawl, turned back her shawl, and took it.

SAMUEL PAGE . I was sent for, and took this ribbon from the witness - I searched her as far as decency would permit, and then Mrs. Gaze searched her, and found this other ribbion in her bosom.

Prisoner's Defence. I went to see if they could match the ribbon I had, but they had none - I deferred having any.(Property produced and sworn to.)

GUILTY . Aged 17.

Transported for Seven Years .

1818. JAMES WHITTLE was indicted for stealing, on the 4th of September , 1 handkerchief, value 3s., the goods of a person unknown, from his person .

EDWARD MOORE . I am a Bow-street patrol. On the 4th of September I saw the prisoner in Bartholomew-fair , about five o'clock; he took this handkerchief from a gentleman's pocket, who was standing looking at Clarke's show - he handed it to a woman who appeared as his wife; she put it into her bosom - I seized him; some persons came up and hustled me - an officer came up and I took him to the Compter.

Cross-examined by MR. LEE. Q. Was this during the fair? A. Yes; there were a great many people - I distinctly saw the prisoner take the handkerchief; he was not a yard from me - I went back and looked for the gentleman, but could not find him; I had not an opportunity of mentioning it to him at the time, because I was hustled by the prisoner's confederates - I had seenthem with the prisoner before; there were four of them.

Prisoner's Defence. When the officer took me, I said"Why do not you speak to the person I took it from?" but he dragged me away.

GUILTY . Aged 29.

Transported for Fourteen Years .

Third London Jury - Before Mr. Sergeant Arabin.

1819. HENRY WICKS was indicted for stealing, on the 4th of August , 1 handkerchief, value 2s., the goods of Henry Edward Turner , from his person .

HENRY EDWARD TURNER . I am a clerk . About two o'clock, on the 4th of August, I was in Cheapside - before I had got to Cheapside I had felt a push against me, and when I got there I wanted my handkerchief, and missed it from my coat pocket; I turned round and saw the prisoner putting it into his own pocket - I collared him, took it from him, and took him to Guildhall.

CHARLES RICHARD BULL . I am a porter. I saw the prisoner take this handkerchief from Mr. Turner's pocket - he put it into his own pocket; Mr. Turner collared him, and said, "You have got my handkerchief" - he said "It was that boy;" there was no other boy.

Prisoner. Q. Why did you not take me? A. The gentleman took you before I could come up.(Property produced and sworn to.)

Prisoner's Defence. I picked it up.

GUILTY . Aged 18.

Transported for Seven Years .

1820. GEORGE SMITH was indicted for stealing, on the 4th of September , 1 handkerchief, value 2s., the goods of William George Rolfes , from his person .

WILLIAM GEORGE ROLFES . I am a broker . I was passing through Abchurch-lane on the 4th of September, the officer asked if I had lost a handkerchief - I felt, and it was gone; he went and fetched the prisoner, and this handkerchief, which I believe is mine.

JOHN GIRTON . I am an officer. I saw this gentleman in Abchurch-lane - I saw the prisoner go up by the Post-office, put his hand into this gentleman's pocket, and take out the handkerchief; I told the gentleman, then went and took the prisoner with it, between his breast and his waistcoat - he took it out and threw it down; there were others with him.

Prisoner's Defence. I did not take it at all.

The prisoner received a good character, and his father promised to take care of him.

GUILTY . Aged 14.

Whipped and Discharged.

1821. SAMUEL SMITH and RICHARD GRAHAM were indicted for breaking and entering the dwelling-house of William Gansden and Judah Jacobs , on the 22nd of June , and stealing therein 2 coats, value 30s., their property .

WILLIAM GANSDEN . I live in Barbican , and am a tailor . On the 22nd of June, about twelve o'clock in the day, a pane of glass was shoved in, and two coats taken out of the window - I did not see the transaction; I have no doubt the glass was perfectly sound - I had probably seen it in the course of the morning several times, but cannot say exactly; I had been up stairs about ten minutes, was called down, and saw some persons in my shop - they said, "Here is a man who has been taking two coats out of your window;" one of the prisoners were there, and they were pursuing the other.

ANTHONY ROWEN . I am a watchman. I was coming up Barbican - I saw the two prisoners at the prosecutor's window; I saw Graham put his hand in, and pull these coats towards the window - he took one out and gave it to Smith, who concealed it under his coat; Graham then took another, and they walked on towards Smithfield- I rushed in between them, seized Smith, and brought him back; the officer followed Graham, and took him within four or five minutes - I found one coat on Smith.

Cross-examined by MR. CRESWELL. Q. How long did you see them there? A. A long time - I had a good view of the window; I cannot tell whether they were drunk or sober.

WILLIAM CARTLAND . I am a brewer's labourer. I was crossing to Golden-lane, and saw the prisoners at the window - Graham had his arm in the window; I told Rowen to look - I then saw the officer coming along, and told him; he pursued, and took Graham - a coat was found on each.

JOSEPH HORTON . I am an officer. I produce two coats - I took Graham with one of them, and the other was found on Smith.

WILLIAM GANSDEN . They are the property of myself and my partner, Judah Jacobs .

Cross-examined. Q. Did you not state last Session, that your partner's name was Lawrence Miles? A. No.

Graham's Defence. I was intoxicated, and have no recollection of it.

SMITH - GUILTY. Aged 23.

GRAHAM - GUILTY. Aged 29.

Of stealing only . - Transported for Seven Years .

1822. FREDERICK IRELAND was indicted for stealing, on the 20th of July , 1 handkerchief, value 1s., the goods of Edward John Ockley , from his person .

The prosecutor did not appear. NOT GUILTY .

1823. JOHN STEDMAN was indicted for a misdeameanour .

The prisoner pleaded GUILTY .

Transported for Seven Years .

1824. THOMAS BIRCH was indicted for fraud .

The prisoner pleaded GUILTY .

Confined Six Months .

1825. THOMAS FARLEY was indicted for a misdemeanour .

The prosecutor did not appear. NOT GUILTY .

Fifth Middlesex Jury - Before Mr. Sergeant Arabin.

1826. WILLIAM HARRISON SCATE and EDMUND SEALE were indicted for stealing, on the 29th of August , 6 pairs of stockings, value 13s.; 6 shifts, value 30s.; 1 veil, value 2l.; 3 petticoats, value 9s.; 4 yards of silk, value 20s.; 4 handkerchiefs, value 4s.; 1 shawl, value 9s.; 4 yards of lace, value 10s.; 1 pair of sheets, value 12s.; 1 sovereign; 1 half-crown; and 12 shillings , the property of Emma Harwood .

EMMA HARWOOD . I live at No. 4, Leicester-street, Leicester-square ; I am a dress-maker - I occupy a room at the top of the house; this property was all taken from there - it was all secure on the 27th of August, when I left it in the morning, and the following morning it was missing - I have seen it since in Bear-street, Leicester-square, in the prisoner Scate's possession; he is a broker - I did not know him before this; I did not know the other prisoner till this occurrence; the property was distrained for 2l. 17s. 9d. rent; the inventory was left, stating that the property was at No. 4, Lloyd's-court, St. Giles' - I found it at Mr. Scate's warehouse on the Monday, where other goods were kept; I could not find Mr. Scate at home till the Monday - on the Friday, Mr. William King called and told me where the property was; when I saw Mr. Scate, I told him I was come to pay the rent and the expences, but there was no rent due - the things were not on the premises when the rent became due. I was before Sir George Farrant - Mr. Scate was sent for several times, but he did not come, and Sir George Farrant advised me to prefer a bill against him - I did not owe any rent at the time the things were removed; he removed them by my direction in the first instance, and then he got Mrs. Sanders, who was my landlady, to allow him to seize - I have not got my property again.

Cross-examined by MR. PHILLIPS. Q. Should you know Mrs. Sanders' hand-writing? A. Yes; I believe the name of "Dinah Sanders" to this paper, is her writing - I am not aware that I have gone by a dozen names; I am come into Court quite unprepared to meet the trial, and my most essential witness is out of town - I have not gone by any names, known to Scate but Harwood, and that name he has seized in; I have gone by three names, but not by any other name than Harwood in this affair - I did go by the name of Richardson, from family circumstances; I have a brother by the same father but not by my mother; he has a brass plate on his door in the name of Edgar, and I have been addressed as Miss Edgar in the way of business - I lived at Brompton when I went by the name of Richardson: I knew a gentleman of that name, but in consequence of my own family, I must beg leave to decline answering these questions.

COURT. Q. When did you remove? A. On the 8th of August, and the rent was due on the 10th - the things were left under Scate's care, in Leicester-street, where he took them from Well-street, till a debt was paid; he was to remove them merely as a broker, not to keep them - I had a landlady named Mrs. Sanders; my quarter with her expired on the 10th of August - before I removed I paid her all; I believe she is here to prove it - I had entrusted this property to be taken care of by Scate; he removed it from Leicester-street to Bear-street, under a distress for rent due to Mrs. Sanders, as he said, but I owed her none - the things were taken out of the drawers and pawned; there was a purse with a sovereign in it, and some duplicates - Scate redeemed some of the things.

Mr. PHILLIPS. Q. You have sworn to your landlady's writing? A. I have sworn to my belief of it; I never saw her write but once - she told me she had signed a warrant; this paper is not my hand-writing - I will swear it is not.

COURT. Q. Did you ever sign any receipt? A. Never, but in the presence of witnesses; I only signed two receipts - one for 2l. 5s. 9d., and one other; the value of my property was about 60l.; Mr. Seale's bill is 7l. 1s.; I have not seen all my property - a purse, a sovereign, and some duplicates are missing; no one has given me any account of that money - the property I have seen is worth about 40l.; that is now detained for the 7l. - (paper read.)

I hereby undertake to redeem the goods contained in the in ventory hereunto annexed on Saturday - in default of my doing so, I give all power over them to Mr. Seale.

Witness. The money has been tendered, but not the 7l.

WILLIAM SMITH . I am a broker. I have seen the property in Seale's shop.

Cross-examined by MR. PHILLIPS. Q. Are you not a convict? A. No; there is a judgment hanging over me till next Term - I have been convicted in the Court of King's Bench, for being misled by a landlord.

HARFORD JONES . I am drawn into a conspiracy. A person redeemed two rings, who very much resembled Scate - I have been induced to swear he is the person; I am almost certain he is not - they sent him on purpose, I am sure they have.

NOT GUILTY .

1827. ANN LAWDAY was indicted for stealing, on the 16th of March , 2 snuff-boxes, value 10s.; 1 segartube, value 2s.; 1 veil, value 10s.; 1 pair of shoes, value 2s., and 1 pillow-case, value 1s. 6d. , the goods of William Chave .

The witnesses did not appear. NOT GUILTY .

1828. MICHAEL DUFF was indicted for feloniously assaulting Thomas Turpin , on the 8th of August , at Christchurch, putting him in fear, and taking from his person, and against his will, 1 sovereign, 2 half-crowns, and three halfpence, his property .

THOMAS TURPIN . I am a painter and glazier ; I live in Grey Eagle-street, and work for Mr. Hart. On the 8th of August, about half-past twelve o'clock at night, I was in Black Eagle-street ; I had been drinking a little, but I was sober - I was leaning my hand upon a dray; I felt myself sick; I am often taken sick and faint in my business - the prisoner and another man came up; one of them struck me in the back, and I felt my waistcoat pockets lift up, and heard my money rattle; I put my hand into my pocket, and ran and called Watch! the prisoner and the other ran away - I lost a sovereign and two half-crowns from my right-hand pocket, and three halfpence from my other pocket; I left my hat behind me, and followed them about one hundred and forty yards; I stated at first it was two hundred yards, but I have measured it since - the prisoner ran down to Grey Eagle-street; he turned two corners, but I was close to him, and never lost sight of him; I took him, held him till the watchman came, and gave charge of him- I then went back, and got my hat; I am quite sure the prisoner is one of them: I am sure I had the money before that; for as we were coming out of a public-house I took the sovereign and two half-crowns, put them in my right-hand pocket, and the three halfpence in the other; that was about half an hour before - I was not knocked down; it was a blow between my shoulders; it was from a fist, I think.

Cross-examined by MR. PHILLIPS. Q. The two half-crowns and sovereign were in your right-hand pocket, and the three halfpence in the other? A. Yes; I was ten or eleven hundred yards from the public-house I had come out of; it was the Blue Coat Boy, in Dorset-street; there are warehouses where I was robbed; it was half-past twelve o'clock; I had just come out of the public-house, and was leaning my hand against a dray - I left work at eight o'clock, and went to have a pint of beer at the Seven Stars, in Brick-lane, with two of my shopmates and one of their brothers; we had two pots of beer there, and whether it was one or two quarterns of gin I cannot be certain - I changed a shilling there, and paid for one pot of beer; I put a few halfpence towards the gin - I spent 10 1/2d. altogether; my day's wages was 3s. 6d.; we then went to the Blue Coat Boy, had one pot of beer and one quartern of gin; we went there about half-past ten o'clock, and staid till twelve - we drank no more; I was quite sober; I saw the prisoner searched at the watch-house; I do not know that he stated the exact money he had in his pockets; no sovereign was found upon him; he did tell me to go home for a drunken fellow, and not to follow him, for he was not the man; I was calling Stop thief! because he was going away from me; I do not know any thing about him - I never was in a Court of Justice or before a Magistrate - I go to work at six o'clock in the morning.

COURT. Q. You say there was a sovereign and two half-crowns in one pocket and three halfpence in the other, and the prisoner ran away, and said, "What do you follow me for? A. Yes.

JOHN BUDMORE . I am a watchman. On the 8th of August I was on duty in Brick-lane, between twelve and one o'clock; I heard a cry of Watch! and ran as fast as possible; when I got to Black Eagle-street, where the drays stand, I saw a bat lay; I passed that, and went on; the prosecutor had hold of the prisoner, he said, "I give you charge of him, he has robbed me of a sovereign;" he did not then mention any half-crown; but in going along he said he had lost two half-crowns and three half-pence -I took the prisoner back; the prosecutor took up his hat, and we went to the watch-house - I could perceive the prosecutor had been drinking; but he walked, and told his story very sensibly.

Cross-examined. Q. Would you say he told the truth if he said he was quite sober? A. He had been drinking, but he must have gone very rapidly to the place where he took the prisoner - he seemed capable of knowing what he was about; I think he had taken rather too much - he did not, at that time, say in which pocket he had his different monies; I saw the prisoner pull the money out of his own pocket - there were two half-crowns, and I think 7 1/2d.; but the watchman has nothing to do with that.

DANIEL GRAY . I saw the prosecutor have in his possession one sovereign, two half-crowns, and some copper, because he changed 1s.

Cross-examined. Q. What are you? A. A painter and glazier - I was with him at the Seven Stars, and we then went to the Blue Coat Boy: I left him in Brown's-lane, and hade him good night - that was close to his own house; it would not take him above five minutes to go home - he was not sick when I left him; he had not been drinking so as not to know what he was doing.

MOSES SIMMONS . I was the watch-house-keeper. The prisoner was brought there, and searched in my presence - there were two half-crowns and 7 1/2d. on him; the prosecutor charged him with having robbed him of a sovereign, two half-crowns, and 1 1/2d. - he appeared to tell his story sensibly.

Cross-examined. Q. Had he been drinking? A. Yes, I thought so, and at first refused to take the charge, but afterwards he told his story so correctly I did not think he had been drinking; the reason I thought he had been drinking at first was he seemed in a great flustration, and said he had been robbed a great many times over - I did not think he was drunk but that he had been drinking; at first he kept saying, "I have been robbed of a sovereign and 5s." for several minutes: and from his manner I did not think it was true - he did not at first say which pockets the coin had been in, but afterwards said the half-crown and sovereign were in one pocket and the 1 1/2d. in the other; I knew him by sight - the prisoner produced the money himself.

Prisoner's Defence. I came home from work at half-past eight o'clock - I said to my father, "Shall I go and enter myself into that benefit society to night?" he said,"You are getting a young family, I think it would be advisable;" I said my master would not give me any money - he said, "You shall not be lost for that;" and he went out, changed a sovereign, and lent me two halfcrowns and one shilling - I went to the Sugar Loaf to be entered, but the man, who was to propose me, was not there; I stopped, and had a pint of porter, a small glass of gin, and a short pipe of tobacco, which cost 4 1/2d. -I remained there to see if this man was there when the society broke up, but he did not come; that made me late - as I turned into Grey Eagle-street to go home this young man came and said, "I will have you about my sovereign;" I said, "Go about your business, you drunken fellow" - he laid hold of me, the watchman came up, and took me; the watchman said, "Come to the watch-hosue, you can see the man is drunk."

Five witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 24.

OLD COURT.

SEVENTH DAY. THURSDAY, SEPTEMBER 17.

Third Middlesex Jury - Before Mr. Sergeant Arabin.

1829. HENRY KING was indicted for stealing, on the 10th of June , at St. Anne, 3 watches, value 46l., and 1 seal, value 4l., the goods of Charles Wieland , in his dwelling-house .

CHARLES WIELAND . I am a watch-maker , and live at Limehouse, in the parish of St. Anne , and rent the house. I became acquainted with the prisoner's friends at Boulogne; his father keeps an hotel there, and is a very respectable person - in consequence of this I became acquainted with the prisoner, and he lodged in my house as a friend; he had been there about eight days on the 10th of June, when my son missed some watches - in consequence of what he said, I looked and missed three from a drawer, and a gold watch, which was locked in a dressing-case in my bed-room; he had access to any part of the house - he left the house when I was out; I expected to see him again in the evening - he did not return; this was on the 10th of June - I did not see him again till the 11th of July.

THOMAS WALKER . I am a pawnbroker. I produce a watch, pawned by the prisoner on the 10th of June.

CHARLES FREEMAN . I am an officer. I saw this robbery mentioned in the reports; I apprehended the prisoner on the 11th of July, on suspicion, and found a watch pawned at Walker's; the prisoner told me he had sold the gold watch to a watch-maker at Chatham, and the other to a shoemaker at Gravesend; I went and found them both.

JOHN IGGLESDEN . I am a watch-maker, and live at Chatham. I bought this watch of a person; it was not the prisoner.

SAMUEL SAUNDERS . I live at Gravesend. I bought this watch of the prisoner.

CHARLES WIELAND . These are my three watches - here is one silver repeater, worth 30l., with the seal attached to it, which is worth 5l.; I should charge 35l. for the watch and all - this other watch is worth 22l.; he broke open two sets of drawers and a dressing-case. He attended his father's billiard-rooms at Boulogne.

GUILTY - DEATH . Aged 20.

Recommended to Mercy by the Prosecutor, on account of his family, and believing it to be his first offence .

1830. THOMAS EDWARDS and HENRY DUFFY were indicted for stealing, on the 3rd of September , at Hornsey, 2 cows, price 40l. , the property of John Bacon .

EDWARDS pleaded GUILTY - DEATH . Aged 18.

JOHN BACON . I live at Grenville-mews, Somer's-town. On the 3rd of August I had six cows in Southwood-lane, Hornsey , which I should think is at least thirteen miles from Dulwich - my man left them in Southwood-lane, on the 3rd of August - he was examined at the office, but the Magistrate did not bind him over, on account of the expence: I saw them in the field about three days before, and on the day before, I think; I will swear I saw them safe three days before they were stolen - on the 3rd of August, about two o'clock, I found two of them were gone; I went to Smithfield, and inquired about them among the drovers and Police - I got information, and went back to my fields to be certain they had not broken out - I found them both in Kennington-pound on Tuesday morning, the 4th of August, about ten o'clock; they appeared jaded, and very thin indeed - their bags were ready to burst with milk - I took Edwards in custody on Tuesday morning, in an open shed, at Dulwich; he had lived with me, and left me on the 17th of February - the prisoners are own brothers; Duffy came twice to see him while he lived with me - Edwards gave the name of Edwards when he lived with me - the other goes by the name of Henry Duffy; I know him by his visiting his brother - I took him in Bunhill-row, on the 6th of August, in consequence of information.

JAMES PAGE . I live at Muswell-hill. On Monday morning, the 3rd of August, between four and five o'clock, I was going to work, and saw the two prisoners in Mr. Bacon's field; I saw them drive the two cows out of the field - Edwards opened the gate, the other drove them out, and Edwards fastened the gate up after him - I live adjoining the field, and knew the cows; I have seen them since, and know them to be the same - I knew Thomas Edwards before, but not Duffy; I rather think he is the other man by his clothes - I looked at him, and believe he is the man, but I am not exactly positive; I said I thought him the lad, when he was taken up, and think so still.

JURY. Q. Have you any other means of being certain of him except by his clothes? A. No; I thought they were going to take them home - I knew Edwards had been in Bacon's service.

STEPHEN BROWN. I live at Mr. Upjohn's, at Highgate - I know Bacon, and knew his cows. On the 3rd of August, between four and five o'clock in the morning, I was about half a mile from Bacon's field, and saw his two cows - I have seen them since, and know them to be the same; Edwards was one person who was driving them, and Duffy the other - I knew Edwards in Bacon's service, and thought he was going to take them home; I am sure of the other prisoner - I had never seen him before, but took notice of him, and said he was the man when he was apprehended.

GEORGE CORK . I am an assistant to Mr. Moyes, a salesman, of Smithfield-market. On Monday, the 3rd of August, about eight o'clock, Edwards brought me two cows, and delivered them to a drover's charge, to tie them up; the drover asked who was to sell them; he said,"The salesman that stands before the Bear and Ragged Staff;" we usually stand there - at one o'clock Edwards came to Mr. Moyes, and the cows were taken away - I never saw Duffy.

JOHN WARREN . I am an officer. I was on duty at Dulwich, on the 3rd of August, and saw Bacon, who informed me of the robbery - I only know that two cows were turned out in a field at Dulwich.

SAMUEL CHAMBERS . I am a Bow-street patrol, and was with Warren.

JOHN BACON . Edwards left my service on the 17th of February, and lived with Mr. Marsh, of John-street, Kent-road.

Duffy's Defence. I neither had any thing to do with what I am charged with, nor do I know any thing about them.

DUFFY - GUILTY - DEATH . Aged 20.

1831. CATHERINE WINGROVE was indicted for stealing, on the 30th of May , 80 yards of carpet, value 14l., and 15 yards of oil-cloth, value 2l., the goods of Samuel Hollingsworth , in his dwelling-house .

SAMUEL HOLLINGSWORTH . I live in Bedford-street, Bedford-row . I have lost a quantity of property, carpets, and rugs - the prisoner's husband was our porter, and lived in the house, but he had left when this property was taken - I never saw the prisoner there; the property must have been taken through the connivance of my son, who, as well as my porter, have both been convicted.

NOT GUILTY .

Before Mr. Justice Gazelee.

1832. MARK JOEL was indicted for feloniously breaking and entering the dwelling-house of John Bloom , in the Liberty of Norton-falgate, on the 27th of May , and stealing therein 1000 yards of silk, value 500l., his property .

2nd COUNT, calling it a warehouse instead of a dwelling-house.

3rd COUNT, for stealing 100 yards of silk, value 20l., the goods of the said John Bloom.

MR. BRODRICK conducted the prosecution.

SUSANNAH BLOOM . I am the daughter of John Bloom, who lives in Spital-square, in the Liberty of Nortou-falgate . On the 27th of May my father went out, about ten o'clock in the morning - the warehouse is part of the dwelling-house, and under the same roof; in consequence of information from the servant, I went and looked at the warehouse at half-past four o'clock in the afternoon, and saw that a wooden window of the warehouse, which is in the passage, was taken down, and laid in the passage - my father came home about five o'clock, and I communicated to him what had happened.

Cross-examined by MR. BARRY. Q. How many persons were in the house? A. Three; my mother, the servant, and myself - it is our dwelling-house; the family live there - I might have seen the property before, but I did not take any particular notice of it.

JOHN BLOOM . My house is No. 24, Spital-square, in the Liberty of Norton-falgate; it is extra parochial. On Wednesday, the 27th of May, when I came home, about half-past five or six o'clock, in consequence of information, I went to the warehouse, and found it broken open - a wooden window, which had originally been a door, and slides up and down, was taken down - I found every thing on the counter as I had left them in the morning, and did not examine the rest of my stock till Saturday morning, when I had to execute some orders, and the very goods I wanted to send out were gone - I reckon that above nine hundred yards of silk were gone; I was in the habit of seeing it every day, and am sure it was there on the Tuesday and Wednesday morning - I know it was there; I missed fourteen pieces, containing about nine hundred yards - the value is about 320l.; the shortest piece was worth at least 12l. - I am certain no piece was worth less than 5l. On the 7th of August I was going along the Quadrant, in Regent-street, and saw part of one of my pieces of silk in the shop of Mr. Poulson, a tailor; I went in, and asked the price of it - I examined it, and was sure it was mine; Poulson gave me a pattern of it, and on the 20th of August I went there with an officer, and found the piece in the same state as when I first saw it - I brought it away, and there was a short length of another piece; the officer has them.

Cross-examined. Q. Have you any other name? A. No, nor any partner; I reside at the house - the silks were on the ground floor.

Q. How does it happen that you did not discover the robbery the next morning? A. Being trustee to an estate I was obliged to go out next morning early - the property might have been stolen between the Wednesday and Saturday, for what I know; I was in the habit of seeing those fourteen pieces of silk every day before Wednesday - I was busy out of doors on Thursday and Friday- when I was at Poulson's I fixed on one piece of silk, which I said belonged to me; and it did not afterwards turn out that it had been in the shop for six months previous- I went to Mr. Shoolbred's and saw a good many pieces of silk, but none of mine; there were several young men there- I do not recollect seeing a little boy; I saw Mr. Shoolbred's brother - I fixed on a piece of silk there I thought was mine, but found afterwards it was not; no little boy spoke to me about it - there was a young man who said it had been in the shop six months.

Q. Had you not ascertained that it had been there previously, and did not belong to you - would you not have sworn as positively to that as you do now to the silk in the indictment? A. No; because I found it was a different colour - mine was gold and blue, and that was yellow and blue.

COURT. Q. You saw a piece of silk at Shoolbred's which you first thought was yours? A. Yes; but I examined afterwards and found it was not; I speak to the two pieces found at Poulson's, because I only made one piece of the brown with the blue and white selvedge, and the other piece I can swear to by the selvedge.

JANE GULBRUNSON . I was servant to Mr. Bloom at the time of the robbery - I went down stairs to answer the bell about four o'clock, and saw the wooden window of the warehouse was taken down; it had been safe when I saw it in the morning, about half-past six or seven o'clock - I had passed it after that, and had not observed it out; I had been by in the course of the morning, it was safe the last time I went by; when I found it down I informed Miss Bloom - the sash-lines were cut, and the window put down on the ground.

Cross-examined. Q. Your master was out? A. Yes; I do not know what time he came home - he was informed the shutter had been taken down and the rope of the window cut; there was no alarm made till he came home; I cannot say how many people had been to the house between half-past four and six o'clock - persons had been to the house; I was engaged up in the parlour, and Miss Bloom was up in the bed room: I was down in the kitchen from twelve o'clock to half-past four; I cannot see the wooden window from there - there is a middle door before you enter the place where the window is - my mistress was in the parlour and sometimes in the bed room from twelve to four; I had not seen any persons near the premises outside - the robbery was not committed before two o'clock, for I was down in the kitchen before two, and I know that Miss Bloom went into the warehouse about three.

SUSANNAH BLOOM re-examined. I went down to the warehouse at four o'clock to a customer who came, and know it was all safethen - I left nobody in the warehouse, and did not return till the alarm; I knew the customer.

Cross-examined. Q. How many persons were in the house at four o'clock? A. Myself, the servant, and my mother; I was up in the bed room after four o'clock - my mother is not here; she was up stairs from four to half-past, and the servant was in the parlour - that does not command a view of the warehouse.

BENJAMIN POULSON . I am a tailor, and live in the Quadrant, Regent-street. I bought both these pieces of silk, which are claimed by the prosecutor, of Mr. Shoolbred, in Tottenham-court-road - I bought the brown piece on the 23rd of June, I cannot exactly recollect when I bought the other - here is the invoice of it.

Cross-examined. Q. Is the brown a common or uncommon pattern? A. Very common; I have purchased many silks of the same make, but never bought any of exactly the same colour; the manufacture of the silk is very general, there is plenty of the same material made - I know by the invoice I bought it of Shoolbred, and can swear it is the piece I bought of him - I had no other of the same colour; I cannot say whether it was delivered in my presence or that I received it myself; I have no knowledge of any other silk being in the house, and will swear I had it from nobody but Shoolbred, though I might not be at home when it was brought - I call it slate colour, some call it grey - it is quite a common description of silk; I have no other reason for saying I bought it of Shoolbred than I have stated.

MR. BRODRICK. Q. You had no other piece of silk in your possession? A. Not of that description.

COURT. Q. Did you make any bargain with Shoolbred about it? A. I bought it at his house; I believe I made the bargain with his brother; it was sent to my house; here is the invoice.

MR. BARRY. Q. Is there any brown silk mentioned here? A. No; here is ten yards and a quarter of silk.

JAMES SHOOLBRED . I am a mercer and draper, and live at No. 155, Tottenham-court-road. I had a piece of brown silk like this in my possession, and sold a piece like it to Poulson on the 23rd of June; I sold him several others; I sold him a piece like this other - one of the lengths I sold him was part of a piece I bought of Vanberg - I do not know this from any mark, but there was a brown piece of a very similar colour I bought of Vanberg - it is part of the length; I bought of Vanberg one hundred and fourteen yards and a half, and produce the invoice and the cheque I paid him; it was of various colours - I bought it as one hundred and fourteen yards and a quarter of balantine on the 12th of June; the colours of these two pieces are similar, but I have no mark on them, and cannot swear to them.

Cross-examined. Q. You have been some years in the business? A. Yes; the silk produced are the most common patterns that are made - I would not take on myself to swear to the silk of this pattern, unless I had a mark on it: I can generally tell who I purchase silks of, because I mark all the rollers - I do not mark the silk; these rolls of silk were mixed with my stock - I have only been in this particular branch of the business two years, and have had from four to five hundred pieces of silk of this description, in that time - there will generally be a little difference in the colour; I was not at home when Bloom came to my shop, but came in before he left - my shopman is not here; one piece of silk was given into my hand - there was a piece, which I knew to be mine; Bloom said nothing about that in my presence - I did not receive the silks from Vanberg; he brought me up the silks one day, and I offered him 4s. 6d. a yard; he would not take less than 4s. 9d., and took them away - next day, when I was out, he came with them; I did not receive them myself - some of my servants attended before the Magistrate.

ISRAEL MOSES VANBERG . I live at No. 69, Leman-street, Goodman's-fields. I am a silk-mercer and linen-draper; I sold Shoolbred silk several times - I sold him some on the 12th of June; this is the invoice of it - among what I sold him, there was silk something like this, but I cannot say this is the article; I cannot say whether there was silk of the same colour and description - I had the silks which I sold him, from Isaac Israel , as his agent; I received them on the Tuesday previous to the 12th of June, which was Friday - I sold Shoolbred the silks I received from Israel; I delivered them at his shop, but cannot say this is the silk.

Cross-examined. Q. You sold silk of a similar description to him several times? A. Yes; it is impossible to say whether these are them - I did not put any mark on them.

ISAAC ISRAEL . I am a shop-seller and tailor. I know the prisoner; he came to my shop the beginning of June, and had some silk to sell - it was on a Tuesday or Wed nesday; I cannot say it was the beginning of June - he did not say what quantity he had, but I bought one hundred and fourteen yards of him, and delivered the same silks I bought of him to Vanberg, to sell for me - the prisoner brought it to my house in rolls and in a bag; I cannot say whether the silk produced is the same - I cannot tell whether there was any like this; they were waistcoat silks - this is waistcoat silk; I sent my nephew to Vanberg to make inquiries about the price of silks, but for nothing else then.

Cross-examined. Q. You sent him to ascertain the value? A. Yes, just to see what it was worth - that was after I made the purchase; it was a very common kind of silk from what I saw - I cannot say this is the same; Vanberg had it to sell on commission - I am sure of that; it was about the 7th or 8th of June - I cannot state the time particularly; I was examined before the Magistrate about a month ago, I suppose - it was in June I bought the silk; I think it was in June - I generally keep books, but sometimes do not use them, and did not on this occasion.

MR. BRODRICK. Q. How long had you the silk before it went to Vanberg? A. I cannot say; I dare say about nine or ten days - I sent my nephew to borrow 20l. of him to pay for them; he brought me a 10l. and two 5l. notes - that was the same day as I purchased the silk.

COURT. Q. The day you purchased the silk of Joel you sent your nephew to borrow the money of Vanberg? A. Yes, that was the time - I sent him to make inquiries, to ascertain the price - I bought the silk about two hours after I got the money, but did not send them to Vanberg the same day; it was about two or three days after - when the prisoner came with the silk, my little nephew called me up to him.

Q. Look at those two pieces - you are not asked whether they are the same, but are they at all similar or like what you bought of the prisoner? A. I cannot swear whether they are at all like; I saw the two pieces of silk before the Magistrate - I cannot tell whether these are the same they are similar to what were produced before the Magistrate.

Q. Were those produced before the Magistrate similar to what you bought of Joel? A. They were similar to them, but I cannot tell whether they are the same.

ISAAC ISRAEL , JUN. I am the last witness' nephew. I cannot say that I know the prisoner; I have seen him pass many times - I saw him at my uncle's the beginning of June, when he came and told Mr. Israel he had some silks to show him, but what sort of silks I cannot say; I called Mr. Israel to him, what Joel said I cannot tell, because I never see business transacted; when I called Israel down - I went out of doors and never saw any business transacted; Mr. Israel sent me to Vanberg for 20l.; I got a 10l. and two 5l. notes, which I gave him - I cannot say what day that was; I believe it was the same day as Joel was there.

COURT. Q. Do you know whether it was the same day or not? A. I cannot swear it was; Joel was not in the shop when my uncle sent me for the money - I cannot say what it was for; I told Vanberg my uncle wanted to borrow 20l. - I did not tell him what for; I did not ask him the proper price to give for silks.

Q. Your uncle states he sent you there to inquire, recollect yourself, and say whether you can say it was on the same day? A. It was the same day, I am sure - I came back and gave my uncle the money in the shop; I did not see Joel then, and do not know what my uncle did with the money.

ISRAEL MOSES VANBERG re-examined. I did not advance money to Israel - I lent him 20l. which the last witness came for; he sent me samples of the silk first, by the hands of his eldest nephew - I told him the value, and in two hours he sent his little boy for the 20l.; I received the silks a day or two afterwards - I took some samples about, and got the silk, I consider, on the 12th of June, the day I sold it to Shoolbred; that I think was two or three days after I lent the money.

RALPH ISRAEL . I am nephew and shopman to Isaac Israel, and know the prisoner. I saw him at my uncle's shop the beginning of June - he had a bag with him; I did not see what was in it exactly - I saw some silk in it; I took some samples of silk to Vanberg, by my uncle's direction - I showed him the samples, made inquiries of him, and took his answer back to my uncle; Israel gave me the samples - I did not see where he got them from; I saw Joel come in - I remained in the shop till my uncle gave me the samples; he cut them off the silk which he bought of Joel; I cannot take on myself to swear whether these two pieces were there.

Q. Nobody asked you: I ask whether in the samples you took there was any of that description? A. Similar, but not the same; I cannot say it is the same, because it is out of my recollection - it is very near three months ago; I do not recollect whether it is the same.

Cross-examined. Your master deals in silk, I suppose? A. Yes; it was early in June, but I do not know the day; my master has dealt with the prisoner several times in silks - I cannot give the date to any particular transaction.

MR. BRODRICK. Q. Do you know how long before this transaction he had sold your master any silks? A. I cannot tell - I cannot mention any time.

COURT. Q. You have stated these two pieces are similar, but not the same; do I understand you to swear positively they are not the same, or that you cannot take on yourself to say they are not? A. I cannot take on myself to say they are not the same - I mean to say I can swear they are not the same.

Q. How can you take on yourself to say they are not the same? A. Because it is out of my recollection - they are similar but not the same; I mean to say positively they are not the same.

Q. Tell me the difference between these and those that came out of the bag? A. I cannot tell: I mean to say they are not the same - I do not know the difference.

JAMES BROWN . I am a constable of Worship-street. On the 20th of August I went with Mr. Bloom to Poulson's, and took two pieces of silk from the window, which I produce; I apprehended the prisoner on the night of the 21st, in Petticoat-lane - I took him to a public-house, in company with the street-keeper, and asked him if he knew a person named Israel - he said No; I again asked if he did not know Israel, who lived within three or four doors of the Mint, on Tower-hill; he then said Yes - I asked if he had sold Israel any silk for waistcoat pieces; he said No; I think I only asked him that once - I took him to another public-house, and left him with Adams, while I fetched Israel - he was in a room with a dozen people, and the moment Israel went in, he said, "That is the man I had the silk of;" the prisoner made no answer - I took him to Worship-street.

JOHN ADAMS . I am a headborough. I was present when the prisoner was apprehended - Brown's statement is correct.

MR. BLOOM. This brown silk is mine - I know it by the selvedge; I generally make white selvedges, but having a remnant of blue to get off, I put this blue to it - the silk was made by my direction; I could tell you how many threads there are in this selvedge, and how many in that; the other piece is also mine - there are eight claret-coloured threads outside the selvedge; I remember manufacturing silk of that sort - I lost three pieces of this description at the time of the robbery; two of them were sixty-eight yards long, and the other thirty-five and three quarters.

Cross-examined. Q. How many pieces of that description have you manufactured? A. I suppose one hundred of this pattern - the brown is a common pattern, but not a common colour; they are shots - it is brown and black, what we call a cane; I manufactured two of this description - one was a white selvedge, and the other of this colour; I sold the other two years ago - another manufacturer might put on exactly the same selvedge, but that is a hundred chances to one.

MR. BRODRICK. Q. Had the piece you sold the same selvedge as this? A. No, that was a white selvedge - this is blue and white.

MR. BARRY. Q. Is it not common to manufacture with a white selvedge? A. Yes; but not blue and white - I will not swear that no other manufacturer ever made with blue and white.

MR. BRODRICK. Q. Had you ever manufactured any other with that selvedge? A. No, not of this colour; I sold twenty-five yards of this piece to Mr. Maund, of Corn-hill, and have got this piece back to prove it - I asked him to lend it to me; I sold it to him on the 2nd of May, and know it to be the same piece - I went there, and brought it away myself to compare; they are both one piece - they tally exactly in the selvedge; I am positive they are from one piece, and will swear it.

COURT. Q. Of how many yards did the piece originally consist? A. Eight-four; I sold twenty-five to Maund, and six and three quarters to Kestevens, of Milk-street; about fifty yards were taken out of my warehouse - the piece found is about seven or eight yards.

Prisoner's Defence. I am totally innocent of the charge, and know no more about it than a child.

Eleven witnesses gave the prisoner a good character.

GUILTY - DEATH - Aged 59.

Of Stealing above the value of 5l. in the Dwelling house, but not of breaking and entering.

Before Mr. Baron Vaughan.

1833. ELIZABETH CARTER & ROBERT CARTER (THE YOUNGER) were indicted for stealing, on the 8th of June , one 40l., one 30l., two 20l., nine 10l., and five 5l. Bank notes, the property of Johanna Keefe , in the dwelling-house of Robert Carter the elder; and ROBERT CARTER (THE ELDER) was indicted for feloniously receiving one 30l., one 20l., and two 5l. Bank notes, part of the said property so feloniously stolen, he well knowing the same to have been stolen .

2nd COUNT, stating them to be the property of John Richard Farre .

3rd and 4th COUNTS, stating them to be the property of William, by divine providence, Archhishop of Canterbury , Primate of all England and Metropolitan.

5th and 6th COUNTS, stating them to be the property of a person or persons unknown.

MR. ADOLPHUS conducted the prosecution.

JOHN RICHARD FARRE, ESQ . M.D. I live at No. 4. Charterhouse-square. Mrs. Keefe was my aunt - I saw her alive last on the evening of the 1st of June; she resided at Robert Carter 's house, No. 91, Drury-lane - I received information of her death, and went there again on the 8th of July, having been at Brighton: I saw Mrs. Carter, and told her I was administrator to the estate - she replied that she knew it; I told her I had proof that the desk of Mrs. Keefe had been opened, and Bank notes to a considerable amount removed from it - she replied, she could not help it; she had done her duty - and when I pressed her again and again on the subject of the Bank notes, she denied all knowledge of them, not only once but repeatedly; I told her it was the last time I should have it in my power to show her that mercy which I wished, and desired that the whole of Mrs. Keefe's property should be sent to No. 11, Charter house-square, on the following day; and at the same time to send for payment of her bill for lodging, attendance, &c.; she made no answer, except to deny all knowledge of the notes - I left her, and went to the Police-office; she never told me that Mrs. Keefe had made her a present of the notes: I never saw her on any other occasion till she was in custody.

Cross-examined by MR. BRODRICK. Q. What was the lady's age? A. As near as I can judge, between seventy and eighty - it might be seventy-five; there was that kind of habit in her which I should expect from a lady who had married early in life, and lived much abroad - she lived in lodgings much below her station; I believe that resulted from penurious habits - she went to lodge there on the 2nd of April, and had lodged there previously, between 1822 and 1824; I called on her there several times - I cannot recollect how often: I do not recollect where she went to lodge after that - I saw her repeatedly; I was scarcely a week without seeing her - I saw her when she lodged in Carey-street, in 1829, repeatedly, and she used to come either to my house or to some of my relations, every week; I sent her to the West Indies twice, at my own expense; before she went to Carter's I understood she lived in Portugal-street, after she left Carter's the first time; I did not visit her there, being much occupied in my profession, and she usually called on me or my family - I saw her last on the 1st of June; I left town the next morning for Brighton, for my own health, and left her better than I had seen her from the commencement of her illness in February - I left her dropsical and ill, but expected she would recover; she kept her bed when I left - she was confined to her bed all the time she was at Carter's; her complaint required it - I did not direct any medical friend to call on her; I did not think it necessary, and it was my opinion she would not submit to any advice but my own - I had great difficulty to get her to submit to mine; she was of a determined mind, and would have her own will in every thing - she dressed respectable: not like a pauper - I think I saw her repeatedly at Carter's, but not so much as at Carey-street; I considered her convalescent on the 26th of March - I may have seen her once or twice a week at Carter's, but not for the last fortnight, till the night before I went to Brighton, having been ill myself; she was the only person I visited - she was confined there with the consequence of her former disease, and did not require my attendance there oftener than I have stated; she was in bed - I had not an opportunity of seeing her dressed; I saw her dressed at Carey-street, before she took to her bed - she certainly dressed in a way I thought unworthy of her; very much in the style of a pauper - but when she visited she dressed respectable; I had enabled her to become wholly independent, having sent her twice to the West Indies, at my own expense, to obtain an independent income, which she had been deprived of for twenty-five years - she had 200l. a year transferred to her by the Court of Chancery, and claimed a great deal more; she lodged on the ground floor in Carey-street - if it had been kept as I could have wished, I considered it a decent lodging, but it was dirty; she was attended by a servant whom she employed, and I got a nurse for her at my own expense.

Q. When you told Mrs. Carter to send all the things to Charterhouse-square, did not she tell your Mrs. Keefe had left her every thing in the house? A. No, nothing like it - Mr. Franks, of Mill-hill was present, and Miss Springweiler; Mr. Franks is a Magistrate - she did not state this to me, nor in my hearing, but denied positively all knowledge of the notes; she did not say any thing had been left her by Mrs. Keefe - I claim on the property as sole administrator, to answer all claims as the whole of the estate; I have a sister who claims as well - we are her next relatives; I am a creditor of 150l.

Re-examined. Q. Were you and the deceased on good terms? A. Perfectly so - we never had any difference; I thought she would recover on the 1st of June, and only required good nursing and nourishment - I had a better opinion of her then, than at any time from the commencement of her illness, and did not provide a nurse on that occasion, because I was satisfied with Mrs. Carter's attention up to that time; she had enjoyed the 200l. a year from 1821.

MISS ANN SPRINGWEILER . I am single, and was intimately acquainted with Mrs. Keefe - I am no relation, but have been acquainted with her many years. I remember her going to live at Carter's on the 2nd of April; she was then in a bad state of health - I had visited her during her illness about twice a week till her death; I saw her last on Monday, the 1st of June - she died on the 8th; I know she was in possession of about 225l. in Bank notes - I had counted them for her on the 10th of April, and had them in my hand on the 15th; I did not see them on the 1st of June - they were deposited in her desk, of which she kept the key herself: it was put into a purse in a little drawer by her bed side - there was also a 200l. bill of exchange, four sovereigns and a half, and some ear-drops: I had seen those in April and May - I saw the bundle of notes about three weeks previous to my last visit; they appeared just the same in bulk as when I had opened them - the drops of her ear-rings were in the desk, and were gold; I saw them there in May - she was very particular about opening her desk; I frequently brought it to her, wishing her to open it herself if she wanted to go to it, but I used to open it when I was there: she used to direct me to take the key from the purse in this drawer, if she did not take it herself - when she wanted a note changed she employed me to do it, and was very particular about it; I changed a note for her last on the 10th of April, when I saw them altogether - about three weeks previous to my last visit or after that, she used to point to her desk and say to me, "There they are for you to pat your hand on in case any thing happens to me;" but generally added, "I am not going to die yet." On the 8th of June Mrs. Carter's son came to me at No. 1l, Charterhouse-square, and informed me of her death; I went almost immediately - Mrs. Carter told me she died about nine o'clock that morning very suddenly, and had been very angry in the night at her employing a nurse to attend her instead of herself - I asked why she employed a nurse without sending for me; she said she had been too ill to attend to her herself - I asked her for the key of the desk, saying I knew there were papers of consequence there; she said she had the key in her possession, went down, and brought it up - I opened the desk in her presence; I found it on the steps by the bed-side - I found all the papers in confusion; the bill of exchange was there, but neither the ear-drops nor any one of the Bank notes - I then said there was a parcel missing, which was of consequence to Dr. Farre; she replied if they were merely papers they could not be of much consequence, and stated that Mrs. Keefe had told her she had no money, but there was a bill of exchange coming due in October when she should be paid for her lodging - the bill in the desk is due in October; Mrs. Carter had told me, previous to this, that Mrs. Keefe was to pay her 13s. a week for lodging, and desired me, on one occasion, to apply to Mrs. Keefe to allow her 1s. a day more for her attendance - this was about the 10th of April; I made the application to Mrs. Keefe, who was very angry - she said 13s. was quite sufficient, and she would allow nothing more - on the 8th of June Mrs. Carter told me Mrs. Keefe had desired her to shut the doors against every body, and take charge of every thing; she did not say for what purpose - I left the desk there, taking home the 200l. bill and the West India letters; I went there, I believe, every day but two, till the funeral; notice was sent to Dr. Farre, who came to town that day week - I think I had no more conversation with her myself about the desk, but I went back on the day she died, with Mr. Frederick Farre - he stated to her, in my presence, that the property was missing; she said she knew nothing about it - he asked who had been in the room; she said she knew nothing at all about it - on the 18th I went in company with Mr. Franks, and opened the desk; I was showing him, in Mrs. Carter's presence, the manner in which the notes used to lay there, and where the drops were in a small box in the desk - Mrs. Carter said she had picked the drops up in the fire-place, and sent her child down for them; the child returned, and she gave them to me - we never examined any thing out of Mrs. Carter's presence; she heard what I said about where the notes used to lay; but gave no account of them, or what had become of them - I myself only asked her if she had met with any papers or parcels; but the notes were mentioned in her presence more than once - she said she knew nothing of them; Mr. Franks asked me for the key of the desk on the 26th of June, and took out both these papers (looking at them) in Mrs. Carter's presence - the desk was then locked, and I had the key.

Cross-examined by MR. PHILLIPS. Q. Was Mrs. Keefe a woman rather grateful, as to acts of kindness done to her? A. I never thought her so - she made no will; I have no recollection of her saying any thing to me, but"There the notes are for you to put your hand on;" she did not tell me to give them to Dr. Farre, but I concluded that was her meaning - I saw her last on the day Dr. Farre did; she certainly appeared to require nursing very much, but appeared better, and I was prevented from going to see her - I am not aware that Mrs. Carter sat up one night with her - Mrs. Keefe had a stick to knock with to call her in the day time; I am not aware of her doing that in the night; Mrs. Carter did not appear to me to be particularly fatigued on the day of her death - she did not appear pregnant; I visited Mrs. Keefe almost daily in Carey-street - she was a very odd woman; her apartment at one time was in a filthy state: her dress was more like a pauper than a lady; she was a self-willed obstinate woman -I do not know why she returned to lodge at Carter's; I was surprised to hear of her going back, because I understood she had left there in anger - she had lived there before for two years; if she had wanted the desk in my absence, she could not lift it herself, but must have some one to bring it to her; Mrs. Carter's words were that Mrs. Keefe had told her to shut the door against every body, and take charge of every thing; she did not say she had given her every thing.

COURT. Q. Did she on any occasion insist that the notes, or any other property, had been given to her? A. No; she only said she was to take charge of every thing.

MR. PHILLIPS. Q. Did you never hear Mrs. Keefe say she intended to make Carter a compliment? A. Once, when I applied about the shilling a day, she said, in an angry manner, "I will make her a compliment;" I did not take out all the papers when I first examined the desk - I turned them over in the desk, and opened every West Indis letter; there were a great many papers; it was not full- I did not put any papers on the steps, or on the bed, nor put them on one side; there was no room to do so - there were a great many loose papers - I examined them, and am certain there were no Bank notes among them; I might be ten minutes rummaging the desk.

MR. ADOLPHUS. Q. Do you live in the house of Dr. Farre's father, as one of the family? A. Yes - I frequently went to see Mrs. Keefe, when Dr. Farre did not; Mrs. Carter knew I was a member of the family, no doubt - if the desk was brought to Mrs. Keefe, she could open it with the key, and put the key away in its proper place; Mrs. Carter said she was assisting her out of bed, that her head dropped on her shoulder, and she died immediately - when Mrs. Keefe said she would make her a compliment she did not fix any time for it, in words or otherwise.

FREDERICK JOHN FARRE , ESQ. I live with my father, Dr. Farre. On the 8th of June I went with Miss Springweiler to Mrs. Carter's house - I said I had no hesitation in telling her that notes to a considerable amount were missing from the desk, and I was sure, for her own sake, she would be anxious to afford some explanation of it, as it appeared to me very mysterious; she said she knew nothing about them, and could not be answerable for them - I saw her again on the 10th and 26th - I believe she was asked by Miss Springweiler whether she could afford any further information about the paper - she could not; the desk was opened on both occasions before me - Mrs. Carter was the only person in the room; I saw Robert Carter , Jun, write at Charterhouse-square - I stood over him, and observed his writing; I am fully persuaded that the two papers found in the desk are in his hand-writing.

Cross-examined by MR. BARRY. Q. Did you visit Mrs. Keefe at any time? A. Yes; I visited her on the Sunday week previous to her death, not afterwards - I am studying medicine; Mr. Franks was with me on the 24th and 26th, and on two other occasions; I have not been in Court during the examination of the other witnesses.

RICHARD FRANKS , ESQ. I live at Mill-hill, and am a Magistrate of Middlesex. I went to Carter's with Mr. Farre and Miss Springweiler, on the 18th of June, and saw Mrs. Carter - Miss Springweiler desired her to come up stairs; she came up - I asked her where she took the key of the desk from: she said, "Out of the drawer, by the bed-side, and it was in a purse;" I asked what made her take the key; she said she thought she had a right to take it; I told her she did very wrong; she had made herself liable by so doing - I did not say to what she was liable; she was agitated, and shook very much - I said all she ought to have done was to close the eyes of the deceased, tied a handkerchief round her mouth, locked the door, and sent for her relations - she made no answer: I asked to see her daughter Catherine, who is about twelve years old, and asked her, in her mother's presence, whether Mrs. Keefe had laid quiet in the night she died, and if she was out of the room the whole night - she said she laid very quiet, as usual - I asked if she had asked for the desk; the daughter said she had asked for it on the Friday before the Sunday, and she had handed it to her on the bed - I asked what Mrs. Keefe took out of it; she said a sovereign, and gave it her to get change; I asked if she had left any papers or things on the bed, after she had locked the desk - she said she had not left any thing, and Mrs. Keefe told her to put the desk where it was, and the key and purse in the drawer where she usually kept it - I then requested Miss Springweiler to open the desk, and look into every part of it very particularly - it was searched, but no notes found; the notes were not mentioned - Miss Springweiler asked Mrs. Carter if the ear-drops had been in the desk; she said she would go and fetch them - I said, "Don't move out of the room, you may send for them;" and she sent the child, who brought them up -Mrs. Carter said she found them under the grate: I wished to see the nurse, who had attended Mrs. Keefe that night - they sent for Catherine Williams , who came; I asked her if Mrs. Keefe had moved in the night, or asked to see any body, or expressed a desire to do any thing; she said she did not, that she passed a very quiet night; the child and she were in the room all night, that she left at half-past six o'clock in the morning; I asked why she left so early; she said she was not well, and went home - no part of this statement was contradicted, either by Mrs. Carter or the child: she said she was lying as usual, quite quiet; when she went away, I asked the child what time she left the room; she said soon after the nurse, to go down to breakfast: the trunks were all opened in the presence of Mrs. Carter and the child, but no notes found - I do not know that Mrs. Carter was told what we were searching for - I went to the house, I think, five times with Miss Springweiler and Mr. Farre, Jun.; we left the trunks and things in the sitting-room, and one of the trunks open: the last time I was there, which was ten days after the death, Dr. Farre told her, in my presence, that a number of notes, amounting to 225l., were stolen out of the desk, and it was the last time the parties would have an opportunity of extricating themselves; Mrs. Carter said she knew nothing of the notes - she had done her duty, and could not help it.

Cross-examined by MR. BRODRICK. Q. The last was the only time the notes were specifically mentioned? A. That was the only time - I did not announce myself as a Magistrate; I acted as a friend of Dr. Farre, he being a professional man, and not able to attend - I was not acting as a Magistrate; I told her she had made herself liable - she was frightened before that; she could hardly hold herself still; she did not appear ill - I did not desire that she should be taken to Bow-street.

MR. ADOLPHUS. Q. Did you go there as a Magistrate, or merely as a friend of Dr. Farre? A. As a friend; the little girl said she had slept with Mrs. Keefe that night.

The papers proved to be in the hand-writing of Carter, which were put in and read as follows -"Mrs. Keefe died 11th."Mr. Dr. Farre, 11, Charter-house-square."

SUSAN BROWN . I knew Mrs. Keefe. I used to go to make her bed every night before she lived at Carter's; I took her luggage to Carter's - Mrs. Carter paid every attention to her, and Mrs. Keefe was certainly attached to her for her kindness; in the course of the week I asked Mrs. Keefe if Miss Springweiler should be sent for - she said she could do her no good if she were there; Mrs. Carter said Mrs. Keefe did not want to see her - I said, as there was such an alteration, the family ought to know it; Mrs. Carter sent me away, and said I was not wanted any more - I know Mrs. Keefe used to knock with a stick when she wanted Carter to help her into bed; I said on the Friday night that Mrs. Keefe was altered, and I said the same on Saturday night - I was to stop and sit up with her on the Saturday night, but I could not.

WILLIAM WOODBURY . I am an officer of Queen-square. I took Mrs. Carter into custody in August; on our way to the office she said that the notes were given her by Mrs. Keefe - that Mrs. Keefe had called her little girl and given her a 200l. bill, but the child could not read, and she took it away from her again; I then asked, if any of the notes should be traced with the name of Carter on them, what she would say? - she said, "It will be all very well; they were given to me - indeed she gave me all;" I understood her to mean all that was in the desk, and I think she said, "I am sorry I let the desk go." I afterwards apprehended Carter, Sen.; he said his wife had given him the notes; that he had passed them, and he was not ashamed of it - that his name was on them; that he had passed them at a public-house in his neighbourhood, and one at an ironmonger's - that his wife had not acted right, for she should have brought him the key of the room, and then he would have kept the whole property, for he understood her it had been given to her.

Cross-examined by MR. BRODRICK. Q. You went to Mrs. Carter's and took her? A. Yes, it was mentioned that I wished to take up the son, and the father went and brought him to the office, and attended the examinations from time to time till I took him, which was a fortnight or three weeks after, and then I found him at home at his business; he is a master builder, and has a large family.

MR. WILLIAM WATERS . I am one of the firm of Barnard, Hoares, and Co. bankers, Lombard-street. (Looking at three bills of exchange), these were paid at our house at different times to a person named Keefe, by the receipt on the back of them - I have no recollection whether it was man or woman; two of the bills for 120l. and 180l. were paid together - here is a list of the notes I paid for them(handing it in).

WILLIAM BEATON . I am a clerk in the Bank of England, and produce thirty-two notes which have been paid in there, and are cancelled.

McCULLOCK ROSS . I am a clerk at the Duke of Bedford's office in Montague-street. The prisoner, Carter, Sen., holds a lease under the Duke, and paid me this 20l. note (looking at it) for rent - I cannot say which of them paid it, but think it was the father; I believe so, for I do not think it was the son; I have written "Carter" on it -I recollect that it was a man.

Cross-examined by MR. BRODRICK. Q. You have no perfect recollection so as to swear positively which gave it you? A. No; seing the name on it induces me to suppose it was Carter; besides which I recollect asking him about a man named Wilson, with whom he had a trial; I should not have put the name on it if I had not received it from him - the note is No. 15,311, dated the 9th of June, 1825.

WILLIAM BROWN . I keep the Compasses in White Hart-yard. I received this 30l. note, No. 10,855, dated the 20th of June, 1825, from Carter, Sen. on the 16th of July, and put his name on it; here are two 5l. notes, Nos. 11,560 and 11,561, dated the 9th of June, 1825, which I received on the 16th and 20th of June, either from the father or son, I cannot tell which; my house is within two hundred yards of Carter's.

JOSEPH HART . I am a wholesale ironmonger. I received this 5l. note, No. 11,564, from Carter, Jun. on the 18th of June - he lives fifty or sixty yards from me.

JOHN PARISH . I am collector of rates. I received these two 10l. notes, Nos. 3122 and 3123, from Carter, Jun. - I think on the 20th of June.

JOHN TRIMBY . I keep a public-house in Drury-lane. I received two 10l. notes, Nos. 3120 and 7616, and a 5l., No. 11,558, from one of the Mr. Carters, I cannot say which, for I am in the habit of giving them change almost every Saturday night, as they live next door; I cannot say when it was, as I have only put the name on them.

JACOB WATSON . I keep a public-house in Drury-lane. Here is a note with my hand-writing on it; the name on it enables me to say I received it from Carter, but I cannot say which - I have no recollection of the transaction; what Carter it might be I do not know.

JOSEPH CARTER . I live at No. 109, Drury-lane. I recollect a 10l. note being changed by one of the Carters, but which I cannot say.

MR. WATERS re-examined. The two bills of exchange were paid on the 11th of July, 1825; they were most likely presented to a clerk at the counter - the person who received them would write the receipts.

MISS SPRINGWEILER. I believe the words, "Received, J. Keefe," on the back of these bills to be Mrs. Keefe's writing.

The letter of administration granted to Dr. Farre were here read: the list of notes produced by Mr. Waters, corresponded with those given in evidence.

Robert Carter 's Defence. My wife has been in the habit, for twenty years, of keeping the cash; and when I wanted money to pay away, I always sent to her for it.

Robert Carter, Jun.'s Defence. When I was taken into custody. I was at work in Stacey-street; my father came and said I was wanted, and I went with him to Queen-square - I have been in the habit of receiving notes for my father, and giving them to my mother; and receiving them from her, when I wanted them to pay away.

Elizabeth Carter delivered in a long written defence, stating that she was on the most familiar terms with the deceased, who usually called her "Dear Carter, &c.;" and felt unhappy if any one but herself attended to her; and that, a few days previous to her death, she told her to send her daughter out of the room, and then gave the notes into her hand, telling her to keep them if she died, and telling her to take every thing in the place for herself, and had often promised to make her and family comfortable. That the papers in question, must have got into the desk when Miss Springweiler was rummaging it.

HARRIET DOBBINS . I have lodged in Carter's house for sixteen months; I was called down the morning Mrs. Keefe died, to assist Mrs. Carter - it was when she was dying - I had seen her the Friday before her death, and at other times; I have heard her say Mrs. Carter behaved with the greatest kindness to her - on the Friday before she died, my sister and I were in the room helping her into bed; she was much troubled with dropsy - I asked if her doctor was aware of her being in that situation; she said, she believed so - that Mr. Farre was her doctor, and he was her nephew, but he was gone to Brighton, for the benefit of his health - she told me Mrs. Carter was to have all her property when she died, and that she had already made her a very handsome compliment - she was very infirm, and required great attention; Mrs. Carter paid her every attention - she slept in the room over Mrs. Carter, and had a stick to thump the boards to call her - I have heard Mrs. Carter say she went to a physician, in consequence of hurting herself by lifting her out of bed, as she was pregnant - I was taken to the Police-office on the part of the prosecution but not examined.

MR. ADOLPHUS. Q. How often in the course of your being there did you see Mrs. Keefe? A. I should think four or five times - I was not at all intimate with her; every time I went into the room she talked about her property that she had given it to Mrs. Carter; I only saw her four times - the first time might have been five or six weeks before her death; she told me about the handsome compliment on the Friday - she said there was a time-piece on the mantel-shelf which had been given to her by an old sweetheart, and she had given that to Mrs. Carter; I heard nothing of Carter wanting 1s. more to attend her - I was not with her more than ten minutes when she died; she was sitting on the nightchair, but I assisted Mrs. Carter to put her into bed - that was at near ten o'clock in the morning; I never told the officer of this - I was at the office on the day Mrs. Carter went to prison.

CATHERINE WILLIAMS . I sat up with Mrs. Keefe the night before she died - I heard Mrs. Brown ask Mrs. Keefe if Miss Springweiler had been to see her; she said she had nothing to do with her - she owed her nothing, and did not want her; a little before that Mrs. Carter was assisting her, and she said, "Carter, my dear Carter, my love! I want no one here but you, you are the first here" - Catherine Carter, the daughter, slept in the room before Mrs. Keefe died, and had done so for some time; on the Sunday night Mrs. Carter asked if she wanted Miss Springweiler - she said she did not want her there; she owed her nothing - "I want none here but you, Carter;" I remember her once sending for Robert Carter , Jun. - she gave him a glass of wine, and said,"My boy, I respect you, you are a nice youth - Will you have a commission in the army or navy? I will buy it you, and make a gentleman of you;" the boy thanked her, and said he did not want either - I remember, when Mrs. Keefe lodged in Carey-street, Mrs. Carter sent me to see her there three times; she desired me to give her kind respects to her, and begged she would move, as she was so poorly - she thought she had better not move back to her house; this was about a fortnight before she did move - Mrs. Keefe's answer was, that so Dr. Farre said, but that did not matter; that her rent where she was, was only 12s. a week, and Mrs. Carter's 13s. - I said I thought she paid 15s. there; she said she did not, but that did not matter - she would go back to Carter's, and if she was to die she would die there; I remember Carter burting herself by lifting her out of bed - she was often in the habit of doing so.

Cross-examined. Q. Were you very intimate with Mrs. Keefe? A. Yes - I washed for her three years ago; I have seen her several times as a friend - I used to go and work in her room; she was very stingy indeed - it surprised me to see her give young Carter wine.

JANE TAYLOR . I am a widow, and live in Stanhope-street, Clare-market. Mrs. Keefe came from Carter's to lodge with me, in October, 1824 - she has spoken to me very handsomely of Mrs. Carter, and often wished to go back there again; I know Mrs. Carter was pregnant in May, or the beginning of June.

MR. ADOLPHUS. Q. How long did Mrs. Keefe lodge at your house? A. Six or seven months - she then moved over the way; I never visited her at Carter's - she never sent for me to go and see her at Carter's.

MR. FARTHING. I am a solicitor, and live in Great James's-street. I have a house at Wandsworth - I have known Carter, Sen. about twelve years, and have employed him as a builder for the last five; he was down at Wandsworth, building for me, the greater part of May, and seven or eight days in June - he was living at my house for the convenience of business, and slept there every night, except Sunday.

MR. MORLEY. My brother (who is a barrister) is Carter's landlord - he has been in the habit of paying me 180l. a year for rent for some time.

E. CARTER GUILTY (of stealing, but not in the dwelling-house.) Aged 41.

Strongly recommended to Mercy . - Confined 2 Years .

R.CARTER, Sen. - NOT GUILTY .

R.CARTER, Jun. - NOT GUILTY .

First Middlesex Jury - Before Mr. Recorder.

1834. EDWARD HAYGREEN and WILLIAM DUTTON were indicted for feloniously assaulting Hannah Rogers , on the King's highway, on the 7th of September , putting her in fear, and taking from her person, and against her will, 1 frock, value 2s,; 1 apron, value 6d.; 1 piece of ribbon, value 6d.; 1 pair of stocking, value 1s., and 1 lace collar, value 3s., her property .

HANNAH ROGERS . I live at Bushey, with my father, and am single . On the 7th of September I had been to London with my father, and as we returned we went into the Crown, at Hendon , between ten and half-past ten o'clock at night - it is about four miles from London; I staid there about an hour - I saw Haygreen there, but not Dutton - he asked me to sing, and I did attempt a song; I did sing, but it was out of fear, because I thought I was in bad company - I staid there because it rained hard; I left the public-house with my father, and had not got three hundred yards when Haygreen, and another man whom I do not know, interrupted me - Haygreen caught me round the waist, and said I should not go home; I had never seen him till he was at the public-house - when I saw they would not let me go, I instantly called to my father to fire his pistol, as I thought it would intimidate them - I knew he had not got one; while my father was in the act of taking a knife from his pocket, a bundle was taken from between my father's hands and mine - the bundle was under his arm, which I had hold of; when I asked my father to fire his pistol, he said he had one in his pocket that never missed fire, and while he was drawing a knife out the bundle was drawn away by one of the two; I could not see which took it - they ran away, and I have not seen it since; it was very dark, but there were three officers opposite, who called out "What are you at, can't you let the people pass quietly?" in ten minutes I saw the prisoners in custody; we were going back to the public-house, and met the officers with them - when I saw them in the public-house I was quite sure of Haygreen, but I cannot speak to Dutton.

Cross-examined by MR. BOLLAND. Q. What time in the morning had you left Bushey? A. At twelve o'clock- we stopped at the Crown on our way to town, about three o'clock, and called for a pint of porter, but had nothing else; we had some porter in London - it might be three pints; I did not drink a pint, I am certain - we had nothing more till we got to the Crown; there were a great many men there - we had a pint of porter, and Haygreen asked me to drink; I drank with no other man, to my knowledge - I am not certain whether I drank with any body else; I will not swear it - I might perhaps; I do not think I did - if I did, it was not with more than one; I began two songs, and did not get through the third - I do not exactly know what the songs were; the one I sang through was, "Yes coachmen all of London-town" - I will swear I only sang two, and part of a third; a woman asked me to sing - I said I did not make a practice of singing in public tap-rooms, and it was a long while before I attempted to sing; Haygreen put his arm round my neck - I did not put my arm round his waist, or round any man's waist; Haygreen attempted to kiss me, but I do not know whether he did - I begged of him to take no liberties: nobody else kissed me: I had a black veil on, and did not pull it up for him to kiss me -I did not go into the passage and beckon him out, nor any other young man; I knew Haygreen by his voice - I did not say it was a dark man who robbed me, but I could not tell who it was - I said it was Haygreen; I told the Magistrate he was the man, but I did not know his name - the patrol asked me if I could swear to him; I said Yes, if I had a light; it was a very dark night - all the company came out of the public-house together; we had a pint of porter outside the house before we went in, and sat under a tree with it - that was for a very few minutes; we went in for shelter - Scott, the ostler, brought us the beer; he did not advise us to go home, as it was late - I asked him for some water; he said had I not better have porter - I said I had had porter in town; I do not recollect his saying any thing about my going home.

THOMAS ROGERS . I am the prosecutrix's father. I left home with her between eleven and twelve o'clock, and went to Windmill-street, Haymarket; we stopped and had a pint of porter at two houses - it was dark when we got to town; on our way back we stopped at the Crown, which is about four miles from town - Bushey is thirteen; my daughter had some water at the Black Lion in Kilburn, as she did not like the beer - I had two pints of beer in town; when we got to the Crown, the servant brought us a pint of beer, and the girl some water - we had it under the tree; it began to rain very fast, which induced us to go into the house - there might be six or eight persons in the tap-room; I cannot say how many - Haygreen was one; I do not know Duttol - we sat there an hour or more; one of them wished my daughter to drink - I thought as they were hard working people, there was no harm in it, and I did, out of fear, persuade her to drink; she drank with nobody but Haygreen - there were two women in the house; the servant had orders to shut the house up, and all the company went out together; Haygreen wanted to kiss my daughter - I told him to let her alone, that she was my daughter, and very tired; they would hardly believe she was my daughter - she sang merely to oblige the people, out of fear; she attempted two songs, but could not sing - I could tell by the beating of her body that she was in fear - she afterwards sung three verses; they said that would do - when we left the public-house, I had her bundle in my arm, and her arm was linked in mine; when we got about two hundred and sixty yards, we heard some people running after us - it was very dark; my daughter said"These men are coming after me" - I said, "Never mind, hold my arm;" Haygreen then caught hold of her, and said he would be d-d if she should go home with that old man; she said, "Father, why do you stand any nonsense? why don't you draw your pistol, and shoot them?"- I said I would, as soon as I could get it out, for I had one in my pocket that never missed - I had a knife in my hand, and was going to plunge it into Haygreen if my daughter had not been between him and me, and the patrol speaking, he certainly would have had it in him; I felt the bundle drawn from my arm very plainly - they ran away; the patrol pursued them directly; we stood a few minutes listening, and heard a noise - she said, "They have got them, father;" they were taken to the public-house and we went back; I saw Haygreen then - I am sure he is the man who offered to kiss my daughter; I cannot speak to the others - I am positive of Haygreen; we did not go back to the spot to look for the bundle; whether it was dropped near the spot I cannot tell.

Cross-examined. Q. At the time the party came up to you, was it not so dark you could not see any body? A. I could see there were two men, and I knew Haygreen's voice; he had talked very much at the public-house - I speak to him by his voice, his jacket, and his height; it was very dark, but I knew him again perfectly well, both by his dress, person, and every thing - he had a cap on; I did not notice whether the other people had caps; there might be eight, ten, or more in the house; there was a man called Austin there, and I hear he has absconded - I cannot say whether he had a cap on; my daughter had a little of the beer on the road, but I drank the best part of it - it might be ten o'clock or half-past when we got to the Crown; I do not think we sat under the tree above two or three minutes; I saw no one but Haygreen take liberties with her, farther than forcing themselves up against her; he kissed her, I cannot say how many times; I will say twice - that is as much as I know; he lifted the veil up to do it, she did not lift it up to my knowledge - she did not put her arm round his neck nor round any other man's; I believe no one took liberties with her but him - she went into the passage and beckoned to me to come home, not to him; whether any man went out to her I cannot say - I did not go home, as it rained hard; I did not like the company altogether, and I thought some might be going our way; I do not know who asked her to sing first - the man who has absconded sat next to her - I said, "They are all hard working people, I dare say - it will be no harm, sing if you like;" she sung, "Ye coachmen all," &c., for she said she did not recollect one - I said, "You do sing that at home;" I do not recollect telling her to sing another afterwards; the officers were very close to us when the men came up -I do not recollect the man, who brought us the beer under the tree, telling us we had better go home; they never separated my daughter's arm from me - it was drawn back by pulling - her arm was clenched in with mine.

Q. Might not the bundle be drawn out with their trying to get your daughter? A. It was drawn out by a hand; I will swear I saw it in the man's hand, and felt it taken.

THOMAS HENRY THOMPSON . I am a Bow-street officer. I was on duty near the Crown a few minutes before half-past eleven o'clock; I was standing up against the pales, taking shelter, as it was very dark and stormy - I saw the two witnesses coming along the middle of the road; two men came after them - when they got up to them a kind of scuffle ensued; I heard a female say, "Father, take out your pistol and shoot them;" a male voice answered directly,"D-n your eyes, if you don't leave my daughter alone, I will shoot you;" I hallooed out, "What are you after there?" I might be twenty yards from them - the two men immediately ran away - I said to the party, "Don't be frightened, it is only the patrol;" the old man called out,"Then run patrol - they have robbed me of a bundle;" I immediately pursued the men - we lost sight of them entirely: it was very dark - we followed footsteps to the corner of Child's-hill-lane, about two hundred yards, and then lost the sound; I returned, and found the prisoners in custody, near the Crown - I said to the girl, "Are either of these the men?" she said Yes, Haygreen was the one who took hold of her round the waist - that she could swear it, and the father said he was the man; Haygreen said he was mistaken.

Cross-examined. Q. Did the men pass you in going after them? A. No, we were beyond them - I do not know a man named Austin; I had been into the Crown at a quarter past ten o'clock, to light a pipe, and saw the prosecutor and his daughter sitting there by themselves; there might be twenty persons there - it was full of people, labouring men and some women, girls of the town; I never knew Haygreen.

JAMES COVINGTON . I am a patrol, and was with Thompson near the fourth mile-stone; I observed people coming from the Crown, and when they got within thirty yards of us, I heard a female voice say, "Father, why don't you draw your pistol and shoot them?" I heard a man say, "D-n you, if you don't let her alone, I will shoot you;" two men ran away - we called out, and the party called out, "Make haste, patrol - they have got my bundle;" we followed them as far as Child's-hill-lane; it was too dark for me to see them - Thompson and I went up the lane, and Blaney went up the road; in seven or eight minutes I saw the prisoners in Mr. Prior's chair - it is a garden chair, that stands about one hundred and fifty yards from the Crown - they were both sitting there; I told them we apprehended them on suspicion of a robbery that had been committed; I searched the chair and them, but found no property - they made no answer, nor any resistance; Blaney came up, and we took them to the Crown - the prosecutor and his daughter had come up in about ten minutes; both said they thought they could identify Haygreen if they had a light - we took them to the Crown - the daughter fainted as soon as she entered; we got a light, and went out to took for the property - I was not present when the daughter came too; I left the house entirely.

Cross-examined. Q. The night was very dark indeed? A. Yes; Prior's chair is a sort of alcove, which will hold six or eight people - it stands by the side of the path, and people may sit in it; there was a young woman sitting with them, and another standing about forty yards off - the chair is enclosed, except at the door-way.

JOHN BLANEY . I am an officer. I was with the witnesses - I heard the prosecutor and his daughter coming along before this happened; they were about fifteen yards from me, when I heard the daughter say, "Father, take your pistol, and shoot them;" I then perceived two men run away - the father said, "Make haste, they have got my bundle;" I had not distinguished the features of either of them - I lost sight of them, and saw them in Covington's custody in about eight minutes; I saw the prosecutor and his daughter - they said the dark man. Haygreen, was the man who took hold of the daughter - they could not speak to the other.

Cross-examined. Q. Covington took them in the chair? A. He saw them in the chair about a minute before me; I made them come out - the witnesses said they could not speak to them till they had a light; when they saw them by the light at the Crown, they spoke to Haygreen - I had only seen two figures moving along: I could not tell it was the prosecutor and his daughter - I do not know of any man absconding from Wilsden.

COURT. Q. Did you afterwards go to the spot where this happened to look for the bundle? A. Yes; we searches there with a light that night, and could not find one.

JURY to JOHN BLANEY . Q. Was the place where the witnesses could not identify them, darker than where the robbery was committed? A. I should think, as near as could he, it was the same - I took Dutton, because I found him with the other.

Haygreen's Defence. I never followed the girl - I saw her in the public-house.

EDWARD WORDLEY . I am landlord of the Crown. The prosecutor and his daughter came there about three o'clock in the day, and had two pints of porter - they returned rather before nine, I should think, and had a pint of porter under the tree - they then went into the tap-room; there were eighteen or twenty haymakers and labourers there - there was a lad named Austin who, I understand, has left the neighbourhood - he had a cap on; the prosecutor and his daughter went, and sat among the rest of the men, they did not appear alarmed - very far from it; the young girl sang several songs at her father's request - I believe she drank with most of the men; she was in two or three parts of the room, and I believe drank wherever she sat - they were there nearly two hours; I turned them all out together - I saw Haygreen lift up her veil, and kiss her two or three times; I saw nobody else kiss her - they returned to my house about three quarters of an hour after it was cleared - it was full that time; I have known Haygreen for three years - he was servant to Mr. Tilyard, and had the care of about one hundred cows; he was strictly honest, and rather above a man in his station.

COURT. Q. Was it not raining very hard while the prosecutor and his daughter were in your house? A. There were showers - it was not a continued rain, for I went out to see; it rained a little when they left: I did not know Austin, but understood he worked for Captain Lewis, opposite my house; the first time I saw him at my house was the night before - I know he has absconded, because the officers were sent after him; I heard the Magistrate order them to search for him - I believe it was neither of the officers that are here; he had a cap on on Sunday and Monday, and Haygreen had a cap - I had seen him and Haygreen sit down, and should judge they were nearly of the same height, and about the same stoutness.

NOT GUILTY .

NEW COURT Seventh Day.

Second London Jury - Before Mr. Common Sergeant.

1835. PHILIP OVERTON was indicted for stealing, on the 5th of December , 1 dressing-case, value 3l. 15s.; 1 pair of boot-books, value 3s. 6d.; 1 pair of nail-nippers, value 5s.; 1 pair of scissors, value 3s. 6d.; 1 shaving-glass, value 4s. 6d.; 1 shaving-brush, value 4s. 6d.; 2 glass boxes, with plated tops, value 4s.; 1 hair-brush, value 2s. 6d., and 1 clothes-brush, value 2s. 6d., the goods of Joshua Strickland Rigge , and another, and to whom he was servant . Also for stealing, on the 16th of February , 12 dessert knives, value 2l. 2s.; 12 dessert forks, value 1l. 1s., and 30 pocket-knives, value 9l., the goods of the same persons. Also for stealing, on the 2nd of February, 6 dressing-cases, value 6l.; 16 razors, value 30s.; 5 combs, value 13s.; 1 bottle of otto of roses, value 3s.; 17 pairs of scissors, value 2l. 6s.; 16 brushes, value 16s.; 4 razor-strops, value 4s.; 1 workbox, value 12s.; 130 knives, value 12l.; 130 forks, value 6l.; 5 snuff-boxes, value 25s.; 100 fish-books, value 5s.; 1 segar-case, value 1s.; 1 razor-case, value 2s.; 1 glass bottle, value 1s.; 4 pairs of tweezers, value 2s.; 4 shaving-boxes, value 4s.; 2 nail-files, value 1s.; 2 corkscrews, value 2s., and 1 button-hook, value 1s., the goods of the same persons. And also for stealing, on the 2nd of March, 61 lbs. weight of ivory, value 7l. 10s., their property.

The prisoner pleaded GUILTY . Aged 23.

Transported for Fourteen Years .

1836. JOHN LANE was indicted for stealing, on the 10th of September , 4lbs. of cheese, value 2s. , the goods of Thomas Sutch .

THOMAS SUTCH . I am a cheesemonger , and live in West-Street, Smithfield . On the 10th of September, a little after nine o'clock, my wife told me this cheese was taken; I turned, and saw the prisoner going with it out of the shop; I called him back; he came back, put it down on the step, then came in, and said he had got nothing - he had got about five or six yards from the place he had taken it from when I saw him - he begged pardon, and said he would never do so again.

GUILTY . Aged 21.

Confined Fourteen Days , and Whipped .

1837. JOHN PESMAN , ANTHONY COLVIN , JOHN FORBES , HENRY SERJEANT , and CHARLES QUIXLEY , were indicted for a conspiracy .

MESSRS. BARRY and CLARKSON conducted the Prosecution.

WILLIAM REES . I am a mariner. I was employed up to March last, on board the Royalist South Sea whalefisher - I was entitled to two tons of oil on board that vessel, instead of wages; the oil was sold at 70l. per ton- we arrived at Gravesend on the 21st of March last; Colvin and Pesman came on board, and brought some gin to entice as to sell our voyage, but I would not sell mine- Colvin did not then say any thing about any debt I owed him; we arrived in the London Docks on the 22nd- I took a lodging at Philip Sullivan 's; on the 25th of March, Colvin and Forbes called on me; I was coming home that morning - when they saw me, Colvin told Forbes I was the man, and he had nothing more to do with me, pointing with his finger to me; Forbes then took charge of me, and said, "Come home to breakfast, I want you to take a walk with me" - I went in and took my breakfast, and afterwards he told me to take a walk with him; I went with him and Phillip Sullivan - as we walked along he said I was his prisoner; I said, Why? - he said it was a debt I owed to Colvin; but I never owed him a farthing, except for porterage and waterage - I do not know what that might amount to; Sullivan was walking with me at the time, and must have heard what was said - he told me to walk on one side the street, that he might not disgrace me in the neighbourhood; he took me to the Mitre public-house, and Forbes called for a pint of gin and half a gallon of beer - I partook of it, I never object against a glass of grog; and Sullivan drank same - when I was half drunk, Forbes took me into the back parlour; Colvin, Pesman, Quixley, and Serjeant came in - we had drank the gin and beer in the other room; they said that I should go to gaol, if I would not pay Colvin nine weeks board that I owed him - Pesman said that for one: they said the amount of the bill was 7l. 13s. - I said I would not go to gaol for any one, to disgrace myself; Sullivan said he and another housekeeper would give bail for me if I owed any money - both Forbes and Colvin said they would not take bail at all; after they refused bail, they said I should go to gaol - I told them I would not go to gaol; Pesman told me I should if I would not sell the voyage, meaning my share of oil -I said I would not sign any bill of sale at all; I would not take a pen and ink in any bill of sale at all; I would not take a pen and ink in my hand - they had not mentioned a bill of sale, until I had agreed to sell the oil, and I offered my whole share of oil for 90l., clear of all debts, dues and demands - they would not agree, and I was compelled to do it or go to gaol; Pesman offered me 44l. 6s. 6d. I objected to it, but at last signed the bill of sale for it; it was a written paper, I believe - I did not read it; I can read - I only signed it; I believe Sullivan has it - this is a receipt given by Pesman, after the bill of sale was signed (read)

"I, John Pesman , have this day purchased of William Williams , of the ship Royalist, his share of oil at 70l. per ton, if he should be entitled to more than 70l. per ton, the balance I promise to pay. JOHN PESMAN.

I do not know what became of the bill of sale; I was drunk, and was compelled to sign it - all the prisoners were there at the time; I do not know who said any thing about the cheque - Pesman gave a cheque on the Bank; I did not see it to my recollection - my landlord told me of it; Sullivan went to the Bank with Forbes, and I was kept a prisoner all the time - (cheque read) "For 44l. 6s. 6d. on Sir William Curtis and Co., signed J. Pesman." Sullivan and Forbes went with it; I was Serjeant's prisoner at the time - Pesman and Quixley were there; when Forbes and Sullivan came back they reckoned the money on the table - a bill was then made out against me, of 7l. 13s., due to Colvin, and 1l. 5s. for the writ; I paid that and was set at liberty - I afterwards applied at Pesman's for the balance of my money; I cannot tell exactly when it might be - in the course of a week or two, I went to his house in Wapping; he began to kick up a row with me at his own door; he said he would not give any more money, as the oil had not been sold for any such price - Quixley drew this receipt and Colvin signed to it.

Cross-examined by MR. PHILLIPS. Q. What is your name? A. William Rees - William Williams ' name is in the ship's book; that is a man who was lost, and the captain told me I should go by that man's name - I am half a Welchman and half an Irishman; here is William Williams on these ship's articles, but it is not my hand-writing - I do not see the name William Rees here; I never signed the name of William Williams to any document.

Q. Is the name of William Williams on this paper your hand-writing? A. No, Sir, it is not - I did not sign it in the presence of Sullivan; I signed the bill of sale in the name of William Williams - I declare to God I did not think of that; I dare say that is the paper I signed - this is William Williams ; this is the signature I swore was not mine - I was before the Lord Mayor; I was not sober - I was sworn and examined, but did not well know what I was saying; I do not know how long I was being examined, perhaps half and hour - I did say, before the Lord Mayor, that I owed Colvin for waterage and porterage; I cannot say whether I said Pesman and Colvin had come on board the ship at Gravesend - I cannot say whether I did mention the porterate and waterage, but I know that is all I owed Colvin; I formerly, lived at Colvin's for five weeks, but did not promise him I would go to his house again after the voyage - I did not intend to go there; I gave him 1l. 7s. 6d. and I paid him 4l. 10s. at Gravesend.

COURT. Q. When did you pay the 1l. 7s. 6d.? A. About five years ago, when I was going to the Coast of Peru - I gave him the other money on board the ship between decks, down by the starboard side.

MR. PHILLIPS. Q. How often have you seen Mr. Isaacs? A. Several times; not at his own house, but some place in the country - I went down to a farm-house; I shall not swear in what part of the country - Mr. Isaacs. paid my expences down, and I was there three months; I cannot tell how often he visited me - I cannot tell whether he has been down twenty times talking about this business.

Q. What is the name of the place where the farmhouse is? A. I do not know the name of the town.

MR. PHILLIPS. Q. How far is it from town? A. That I cannot tell neither - I went in a coach; I suppose I was about four hours going - I did not know Isaacs before I went to the Mansion-house, but I believe he is the best friend I have got in London - we have not been conversing about what I was to swear at this trial; he merely came down to see how my health was getting on- we drank together, and he paid; the landlord's name was James Hall - he has a farm, and keeps a public-house; it was the public-house I was at - the sign of the George and Dragon; I do not remember the name of the coach I went by - Isaacs did not go with me; he told me to stop at Mr. Hall's, but I do not know the name of the town - the coachman took me to the house.

Q. You swear you do not know the name of the town? A. No, I do not swear it; it was in a village.

Q. Now do you mean to swear that you do not know the name of the village you were living in for three months, and that you never inquired? A. No, I shall not swear it.

COURT. Q. You are upon your oath, do not you know the name of the village where you wereliving - what County was it in? A. Essex, I believe; I cannot tell you the name of the town - I never inquired.

MR. PHILLIPS. Q. What was the name of the place? A. Brentwood; that is what I heard them say - I never saw any market there - there was a fair there once.

Q. Upon your oath, did you not know the name of the town all through the examination? A. I cannot swear to that.

Prisoner Colvin. Q. Did you say you gave me 4l. 10s. when you went out to Peru? A. Yes - I came out of the cabin, took two months in advance, and gave you 4l. 10s; you took the money, went on shore, and bought me a pair of trousers and 3lbs. of soap out of it.

Prisoner Colvin. He ran away from the ship, and I paid 3l. out of the money to a man for him; he was naked when I took him in, and he confessed before the Lord Mayor that he owed me 7l. 13s. Witness. I said I owed him something.

MR. CLARKSON. Q. Why did you sign that paper by the name of Williams? A. I went to the office with Serjeant, from the Mitre, to overhaul the ship's articles - I could not find my own name in the articles, and I signed that in the room of my own name.

PHILIP SULLIVAN . I lived at No. 2, Bremer's-court, Gravel-lane. Rees came to live with me on the 22nd of March - he continued there till the 25th, except when he went out occasionally, and eat and drank at my house. On the 25th Forbes and Colvin came - when I went down they were at the door; they asked if Rees was at home- I said No, he did not sleep there that night; I was talking to Colvin, whom I had known for some time, and Rees came down from Ratcliff-highway - Colvin pointed to Rees, and said, "Forbes, there is the man, I give charge of him - I have nothing more to do with him;" he then went away - Forbes asked him if he had had his breakfast; he said No, and he desired him, being his prisoner, to get his breakfast as soon he could - when he had done breakfast he ordered him out into the street; I accompanied him - I did not hear what passed between Forbes and Rees till we got to the Mitre; except that Forbes told him to walk with me and one or two more for fear of disgracing him, being known there; we got to the Mitre, where they called for liquor freely, and treated every body there - the others came in; the Mitre is about a mile from my house, near Aldgate-street - we went into the tap-room, where they called for the beer and gin; Rees drank, and so did Forbes - I was quite sober; nothing passed between Forbes and Rees till the others came - we were conveyed into the parlour by Pesman Quixley, and the others; when Pesman came, he said;" What is this business about?" Forbes said that Rees was taken prisoner; they asked Colvin if he had his bill- he said No, but he could make it out by word of month; I cannot say which of them it was that asked the question- Serjeant made out the bill; this is it - Pesman asked Rees if he would sell his voyage, his share of oil; he said No, he would not - I then offered myself, and another housekeeper, as bail till the ship was paid; Colvin refused, and swore he would have they money - I then told Rees to go to gaol, and said I would see him provided with every thing he wanted till the ship was paid; Rees said he thought it was a very hard case, after being at sea for thirty-two months and four days, to go to gaol for a debt he never contracted - Pesman then said he had better come to a settlement with Colvin, and he would give him 44l. 6s. 6d. for his share of oil; he asked what share of oil he had - he said, two tons and three barrels - Pesman told him not to mind the three barrels, as they would be little enough to make up the three tons, for there had been an alteration in the measure since he left London; he agreed to give 70l. a ton for his share of oil, and if it came to more he should have the balance - Rees said he would not accept of it; he said he would give him 44l. 6s. 6d. if the oil sold for 70l. a ton, and if it sold for more he would pay him the balance -Rees was unwilling to sell till he got a little in his heard, which was apparent to the five persons present, or to any person who saw him; when he got a little more, he agreed to sell it for 44l. 6s. 6d. sooner than to go to gaol -Quixley wrote this paper - he said it was better to come to a conclusion, and to walk about like the rest of his shipmates, than to be confined; Pesman then made out a cheque for 44l. 6s. 6d. - I did not look at it particularly; I only just folded it up; Forbes and myself then went to the banker's, and received the money leaving the prosecutor in custody - I had the check; I returned, and found Rees in custody of Colvin - I counted the money to Rees on the table; Rees signed a paper before I went- they did not explain it, but folded it up in a narrow compass, and Rees signed his name at the bottom; it was a large paper, and folded - there was no writing on it that Rees could see; I looked at it while he was writing -Pesman then produced a blank receipt; I do not know whether there was any stamp to it - he asked Rees to sign his name to it; I said he should not sign it till I knew the contents - he said he wanted it to draw the amount of the wages from the owners, and it was of no consequence; he then made Rees sign his name to it - he signed his name William Williams; he was able to walk home, and that was all - Quixley said the receipt was of no cousequence; he might sign his name to it, it was no harm - this was before I went to the Bank for the money; when I brought the money Rees counted out 7l. 13s., the amount he was arrested for, as he thought - Forbes would not accept of it till 1l. 5s. was paid for the writ; it was Serjeant who put down 1l. 5s. for expences - Rees then gave them nine sovereigns, and they gave him 1s. out; Quixley wrote a receipt, and Colvin signed his name to it - this is the receipt, it is for 7l. 13s.; they did not give any receipt for the 1l. 5s. - no person asked for it; he was then at liberty; in the course of a little time I went with Rees to Pesman's, and asked if there was any balance coming to him - he told him not to come bothering him about it, for after all the money he had given him, he never came to lay out 1l. at his shop - he desired him to walk out of his shop; he keeps a slop-shop, in High-street, Wapping - none of the other parties were then present; there were some sailors there - to the best of my judgment, when Rees signed this paper he was not in a condition to know what he was about, he was in such a ter ror and in such a fright - he was in liquor, and his mind in trouble besides.

Cross-examined by MR. PHILLIPS. Q. Were you sober? A. I expect so - I had drank both heer and gin after going to the Mitre; Rees, Forbes, Colvin, Serjeant, Tom Donovan and I, drank - I saw Rees sign the receipt in the name of Williams; I saw him take the pen, but I was not near enough to see the way he wrote it - he wrote William Williams; I did not see it read.

COURT. Q. Why do you say he wrote William Williams? A. Because he was expected to do so.

MR. PHILLIPS. Q. How many papers did he sign? A. I have not heard what he has sworn here, but he signed two papers - we passed by Pesman's shop in going to the Mitre; I did not state so before the Lord Mayor - I do not know a man by the name of Levy; I may know his face.

Q. Do you know that man? (a person was here pointed out to the witness) A. No, I never saw him, to my knowledge before; I do not know a man of the name of Moss - I have seen that man (another person) frequently before; I never asked him to buy the oil on behalf of Rees nor to advance any money upon the oil - I never saw Moss in company with Rees before the day we were at the Mitre; he was in and out - he was not there the whole time; he had nothing to do with the business -Rees did not, in my presence, ask Moss to get Levy to advance money on this oil; nor leave the Mitre, in my presence, with Moss, to go to Levy, to see if he would advance money on his share - he went to overhaul the ship's articles, to see about his name; that was the intention with which he left the house - they made an advance as his name has been scratched out by the captain, as there was a man left at St. Helen, and the captain said he should go by that man's name; Moss did not tell me that he was Mr. Levy's clerk - this bill was drawn out for Colvin; I did not say that Quixley wrote it; all I said was that Quickly wrote the two receipts - not that Quixley wrote the bill by Colvin's desire; to the best of my knowledge I never expressed that word - Rees boarded and lodged with me for thirteen weeks, and then I got tired of him; Mr. Isaacs took him and sent him into the country, for fear he should be tampered with by this party - he did not tell me what part of the country; I have no idea where it was - I have seen Mr. Isaacs; he told me to tell the truth, and that I always will do - Rees appeared to me to he sober at the Mansion-house: he might be in terror - to the best of my opinion he had only one glass of liquor, but I had not been with him all the morning - the sale of the oil was on the 25th of March, and I think in April we went to the Mansion-house; he went to recover his own rights - I did not hear him tell the Lord Mayor that he had not a stick to cover him, tell the Lord Mayor that he had not a stick to cover him, nor a farthing in the world; the money was not spent when he went - I can swear I had more than two sovereigns of his money to take care of; he would not want for a meal if I had it, if he was never to pay me for it - Mr. Isaacs brought an action against the owner of the ship for this very oil by Rees's direction; I know they brought the action for the whole of the oil - the Sheriff's officer arrested him for the whole amount; I did not go for Quixley and Pesman from the Mitre - I do not know that any one did; I did not know them, and cannot tell whether they frequent the Mitre or not; Quixley did say, that if in case Rees was entitled to more than 70l. a ton, and left the receipt with me, I could get it, but he did not say from whom - I cannot say whether Moss was present or not; Colvin was bailed - I do not know whether the others were required to give bail.

Prisoner Colvin. The day after the ship came into the London-docks, I went down to this man, and he said, if we can get him to sell his wages, we will, for he has been arrested for a suit of clothes, and I do not know how I shall get my money - Sullivan took him out of my house to his house, and I went there. Witness. I never did; I saw Colvin the day Rees came on shore - he was quite drunk, and when he saw me he began shedding tears for joy, at seeing me.

MR. CLARKSON. Q. At the time you saw Colvin with Rees, did Colvin say any thing about any debt? A. No, he went and got a pot of beer - we drank it, and then Rees went home to my house.

Prisoner Colvin. Q. Did I not mention it to you the day after, and you said, I should get my money? A. No.

COURT. Q. Upon the oath you have taken, did you know Colvin claimed any debt before the morning Rees was taken? A. Upon my oath I did not - Rees did tell me, that morning, that he owed him a trifle, but he did not say what.

MOSES NATHAN . I am a Jew, and so is Pesman, but I believe Quixley is not. I live in Ratcliff-highway -Pesman is in the clothes business, and a slop-seller ; he finds clothes for seamen, and fits them out - the name of Pesman and Quixley is on the door; I live next door but one - I have seen Forbes in the neighbourhood, but I do not know whether he is in the employ of Pesman and Quixley; Harris takes care of the shop when Pesman and Quixley are not there - I have seen Forbes there when Harris, Pesman, and Quixley, have not been there; I cannot say that I have seen him managing the business - Forbes is a tailor ; Serjeant is a shoemaker ; he taken in lodgers, and lives in Pell-street, forty or fifty yards from me - it is at the back part of Pesman's shop; Serjeant does go on board ships to get seaman - Colvin is a waterman ; I cannot say where he lives - he goes on board ships to get sailors, and takes them on shore.

Cross-examined by MR. ADOLPHUS. Q. Has Serjeant's residence any thing to do with Pesman's shop? A. No; many of the others about there get their living by getting sailors to lodge - there is nothing particular in getting sailors; I have known Serjeant ten or twelve years - he has been in and out of my house, and I have had goods of him; Serjeant has been a sailor.

Cross-examined by MR. BODKIN. Q. You have told my friend you have seen the names Pesman and Quixley on the door? A. I have - the house is let out to different lodgers; there is another person lives up stairs - Pesman and Quixley's names are written, up separately, one on one side and and one on the other.

COURT. Q. Was Forbes behind the counter or no? A. I did not particular notice - I never heard any thing to the contrary, but that Colvin was an honest man; there are two windows to the shop, one on each side the door -I cannot tell whether they are in partnership; Harris is constantly there - there is but one door, and there is no other name but Pesman and Quixley: neither of them live there.

CHARLES ISAACS . I am an attorney, and live in Mansell-street, Goodman's-fields. I have kept Rees in the country this three months.

Cross-examined by MR. PHILLIPS. Q. Has not Rees instructed you to bring an action against the owner of the Royalist for the entire amount of his share of the oil? A. Yes; I have arrested him for the whole sum - I cannot tell how much money I have paid for Rees; they have not sent me in the bill from the public-house - I never drank with him there; I never conversed with him on the evidence he was to give here - my clerk took down his evidence; I never did - I have been down to Brentwood on business, but never saw him; I saw him four or five times in the three months - my clerk paid his coach-here; I told my clerk to send him down to Mr. Halls, at Brentwood - I may have paid 15l. or 16l.; I will not swear I have not paid 30l. - I will swear I have not paid 50l.: I have his cause in hand, and I expect to get it - that will re-pay me; it was by my advice that he brought the action against Mr. Smith.

HENRY JACOBS . I am a clerk to Mr. Isaacs. I went in March to the King's Bench to the Filazer's office, and to every public office where I thought a process could be issued by Colvin against Rees - I found no bill nor any serviceable process.

Cross-examined by MR. BODKIN. Q. Were you present at the Mansion-house? A. Yes; Rees was like other sailors - he had been out passing the morning, but he appeared to give his evidence as a sober man; I took him from the Grand Jury room, as he was walking in the street, to the Spread Eagle, Gracechurch-street, and took him by the Norwich coach to Brentwood; I staid with him from the Friday till the Sunday - I did not tell him the name of the place; I cannot tell whether he knew it - I went to him there three times; I have drank in the same room he was sitting in - I paid for myself; the liquor he drank, the people who were there paid, he being a sailor; I did not write to him while he was there; I have conversed with him about his evidence here several times.

COURT. Q. You have heard his evidence this morning - does he appear more competent to give his evidence now than he did at the Mansion-house? A. Yes; more so.

Prisoner Colvin. I said I had no money, and he turned round, and said, "If you will turn evidence against the master, it will be something in your way. Witness. No, I did not - I was sent for; I saw him in a very destitute state: he said, "What am I to do?" I said,

"If you have any thing to state, put it on paper, and I will attend to it,"

Mr. ADOLPHUS addressed the Jury on behalf of Forbes, and Mr. BODKIN on behalf of Pesman and Quixley.

PHILIP SULLIVAN re-examined. Q. Which room were they in when you went for the money? A. In the back parlour - there was no other person there that I took notice of; we had the drink in the tap-room - they had no drink in the parlour, unless it was while I was gone for the money- the agreement was made in the parlour.

Cross-examined by MR. BODKIN. Q. When Pesman and Quixley first came, where were you? A. In the taproom - we were there a quarter of an hour, while they were going backwards and forwards to overhaul his name; he had stated that he was entitled to two tons and three barrels of oil, before they went into the parlour.

Colvin's Defence. I am innocent. I kept the man when he was in distress; this man never kept him, only when he found he had a little money - I only received 4l. 10s. of him, and he had no clothes.

JOHN MOSS . I am clerk to Messrs. Levy and Co. of Leadenhall-street - the Royalist was paid off there by Mr. Smith. the owner, about the 19th or 20th of April - it generally happens that the men have advances made - about three weeks generally elapse before the company are paid - the parties who have made advances attend when the ship's company are paid; I have known parties receive the whole of the sailors money; I was not in the counting-house at the time the Royalist was paid, but I was in the warehouse adjoining - I did not see Rees. I was at the Mitre on the day in question; I went about ten o'clock in the morning for change; while I was getting change, Colvin came out of the tap-room, and said there was a sailor of the Royalist there who wanted an advance, and asked me if Mr.Levy would make the advance - I said No, he would not; I said immediately, "Why don't you go to Pesman's or Quixley's, as they are in the habit of advancing money to the people;" he said No, he would rather Mr. Levy would do it, but he might go over, and see - I then left; I went there again about eleven o'clock, with a friend; while in the parlour, Pesman and Quixley came in - Pesman asked me if there was any sailor of the Royalist there; I said there had been some there about ten o'clock - Pesman then went out, and Quixley remained -Pesman returned in two or three minutes with Colvin, Rees, and one or two others. in sailor's dresses - Quixley turned round, and said to Rees, "Well, my man, what countryman are you?" he said, a Welchman - Quixley said, "I think you are an Irishman; before I can make you any advance, you must go over to Mr. Levy's, to see whether you belong to the ship;" Quixley, Rees, and his lodging-house keeper then left, and returned in about ten minutes or a quarter of an hour; Quixley then said the man belonged to the ship - he had pointed out his name - they sat down at an opposite table; I and my friend got up to leave the place; Quixley asked me if I would be kind enough to witness the payment of the money - I staid a few minutes; the man was complaining that he wanted a greater advance - Quixley said, "I shall not think of advancing you more till such time as your ship is paid, as dont know how it will turn out; the price of oil has fluctuated very much;" Quixley said,

"You are not compelled to take it, and I shall advise you to wait till the ship is paid;" but he said he must have money, as he wanted to go to Liverpool; he said, "Let's have it;" Quixley then wrote the receipt, Pesman this cheque, and Rees signed the receipt - this is it: after that, Pesman, Quixley, and my friend left the house - there was a memorandum given, just as I came away, that if the oil sold for 75l. a ton, he should receive the benefit of it; the whole cargo has been sold at 70l. a ton - the expenses of the voyage are to be deducted from that; I was present during the whole of the transaction, till Pesman and I left - I think Pesman made an advance; I saw no other paper signed by Rees but the receipt - I am positive of that - if Rees had attended at my house at the time the ship was paid, he would have received his money.

MR. CLARKSON. Q. Did you attend before the Lord Mayor? A. Yes; I was asked if I knew any thing about it, and I said what I have stated - I did not say I knew nothing about it; I have known Pesman and Quixley these three years - they are partners in some transactions, not as slop-sellers that I know of; Forbes is not in their employ to my knowledge - Pesman and Quixley have not applied to my employers for this to my knowledge; the prosecutor is entitled to the one hundred and fortieth share of the net proceeds of the one hundred and fortieth share of the net proceeds of the cargo, but I do not know what they are; I was not at any time in the tap-room; I do not know what passed there: I did not see a hill of sale signed, I think if it had been I should have seen it; I did not see a folded paper given to him to sign; he appeared sober; I do not know that he was in custody; Forbes was there when Pesman and Quixley were - I heard nothing about custody; if it had passed I think I should have heard it; Colvin was there - I heard nothing about 7l. 13s. - I do not know where Pesman and Quixley went to, they parted in Aldgate; Sullivan was there - I did not hear one word about any claim made upon Rees by Colvin - Sergeant was there, I have seen him repeatedly - I did not know what he was; I do not know what a crimp means; I do not know that Colvin is a depuly crimp, he is a waterman; I have been agent to Mr. Smith about twelve years - I do not know what a crimp means, unless it be to follow seamen to take orders from them for clothes; Pesman and Quixley are in partnership as crimps certainly - I do not know that Colvin is a deputy crimp in their service - I do not know that Forbes is a crimp in their service; I have been at their place five hundred times; I have not seen him there twenty times; they have three shops, I never saw Forbes behind Quixley's counter; Mr. Levy supplies Pesman and Quixley with slops - I get no commission when they receive money.

MR. BODKIN. Q. Have you heard the word crimps applied to persons who get recruits for the army? A. Yes; when a bill of sale is given for a man's interest in a cargo, it is usual for a copy of it to be sent in and lodged with the agent - no such copy was sent to Mr. Levy in this instance.

JOHN BATTERSBY . I am an agent to Mr. Lidiker; he is in the South Sea trade; ships in that line are usually paid three or four weeks after their arrival in the river - the men often have advances; a copy of bills of sale are sent to thein, or the agent would pay the sailor - I have known Pesman twelve years; he has made advances to the crews of our ships - I know Quixley by sight; when I have seen him the men have accompanied him to the office, and they have made a settlement.

JOHN CLARK SPRUE . I am a ship's husband. I have known Pesman ten or a dozen years; it is the practice of the trade, when a bill of sale is made, to lodge it with the agent - without that the agent takes the money.

MR. CLARKSON. Q. If the sailor does not accompany him, the person does not get paid? A. No.

COURT. Q. Suppose a person produced a receipt on account of so much of a share of oil, would you not pay that? A. Yes certainly; if the sailor desires they frequently leave a note.

Mr. Francis Hobler produced a minute of the depositions taken at the Mansion-house, which corresponded with the evidence which had been given.

MR. LEVY. All I know of this transaction is, that on the 18th of April, on my return from the City, I found a notice from Charles Isaacs not to pay Pesman, and threatening me with an action - that is the only notice I have received.

COURT. Q. Then the share is wholly unpaid? A. Mr. Smith paid something in the Court; the whole proceeds of the cargo was 14040l., his share is 100l. 5s. 8l. - the set off is 31l. 12s. 9d.; the amount due to him 68l. 12s. 11d. - Mr. Jacobs afterwards called on me on the part of Mr. Isaacs, and asked if I would pay this balance to the man; I said I was not certain we should have the payment of the ship, but I would recommend the owners to withhold payment of the balance, till this matter was settled - on the 19th of April, Pesman called to know when the ship would be paid; I said what is this occurrence? I have received a notice so and so; he stated that the parties intended to defrand him of a large sum of money, which he had advanced - that was the only reply he made; sometime after they lodged an attachment in the hands of the owner, for the amount of this man's share, which I bailed - then they withdrew that, and commenced an action for his share.

MR. CLARKSON. Q. Is the action against you settled? A. No, I believe not.

Mr. Clarkson addressed the Jury.

COLVIN - GUILTY . Aged 49.

PESMAN - GUILTY . Aged 45.

FORBES - GUILTY . Aged 43.

QUIXLEY - GUILTY . Aged 36.

Confined Two Years .

SERJEANT - GUILTY . Aged 38.

Confined Six Months .

Second Middlesex Jury. - Before Mr. Sergeant Arabin.

1838. JULIA DIAS was indicted for feloniously assaulting James Joshua Stevens , on the 15th of July . putting him in fear, and taking from his person and against his will, 1 watch, value 3l., and 1 ribbon, value 2d, his property .

JAMES JOSHUA STEVENS . I am a labourer, in the East India Company's service , and live in Pollard's-row, Bethnal-green. I was in Whitechapel-road , between eleven and twelve o'clock at night - I was sober; there were three men on the pavement - one of them struck me in the chest; the prisoner came up, and drew the watch from my pocket - it was a violent blow, but it did not stagger me; she ran up a passage - I ran, and lost sight of her in a turning in the passage; I came out, saw a watchman, and went up, but could not find her - on the Saturday following I saw her again in Whitechapel; she avoided me, and went up a turning - I saw her again on the Wednesday after, and then gave charge of her to the street-keeper; he refused to take her, saying he knew her - I told Vann, and he took her the next day; I am positive she is the woman - there was a gas-lamp just over us; I have not found my watch.

JOHN VANN . I am an officer. The witness gave me a description of the prisoner; I gave the description to another officer, who brought her to me on Friday the 24th -I collected eight or ten women together, put the prisoner among them, and then desired the prosecutor to go into the room and see if there was any body there he knew; he went in, and pointed out the prisoner immediately.

FRANCIS KEYS . I apprehended the prisoner. The prosecutor pointed her out at the watch-house.

Prisoner's Defence. I never saw the man in my life

NOT GUILTY .

1839. WILLIAM PATTISON FLANAGAN was indicted for stealing, on the 2nd of September , 1 coat, value 20s.; 2 handkerchiefs, value 2s.; 1 watch, value 30s.; 1 seal. value 5s.; 1 key, value 2s. 6d., and 11 sovereigns, the property of Edward Swiney , in the dwelling-house of Sarah Mountain .

EDWARD SWINEY . I am a coachman , and lodge at Sarah Mountain's, Short's-garden, St. Giles' . I lost the property stated, from my lodging room, where I slept - the prisoner's wife came to visit me; she is my own sister - I left her in the room, on Wednesday afternoon, the 2nd of September; when I came back the property was gone out of my box - the officer found my watch on the prisoner's person; I believe I lost it all on the 2nd of September; I did not see the prisoner there.

NOT GUILTY .

1840. ROBERT CROSS was indicted for feloniously breaking and entering the dwelling-house of Rebecca Smith , on the 15th of August , at St. George, and stealing therein, 2 frocks, value 2s.; 1 bed-gown, value 6s.; 1 pelisse, value 4s.; 9 yards of printed cotton, value 7s.; 1 scarf, value 3s., and 1 shawl, value 5s., her property .

REBECCA SMITH . I am a widow , and have three children - I live at No. 2, Church-lane, in the parish of St. George . On Saturday. the 15th of August, I went out at half-past eleven o'clock in the morning - there are no lodgers; it is a small house, with two rooms and a kitchen; I locked my door, and saw two bad boys throwing stones; I turned back, and put my shutters too - my children were at that time at school, and no one was in the house; I locked my door very particularly, and when I came home at a quarter-past twelve o'clock, I met my little boy, who had come home from school; he said to me,"How came you to leave your window open;" I went to the house, and found the window was open, and the curtain torn down; the parlour door was wide open - my drawers were open, and the property stated was gone; the person had got in by pulling open the shutters, and lifting up the window, which was down, and fastened by a latch. I found my property at a pawnbroker's on the Monday - I know the prisoner, and knew his father; they did live three or four doors from my house, but they had moved a short time before; his father is a watchman.

JOHN GEORGE . I am a pawnbroker, and live in High-street, Shadwell. On the 15th of August the prisoner pawned this gown-piece with me.

JOSEPH THOMPSON . I am a pawnbroker, in Broad-street, Ratcliff. I have a shawl and a frock, pawned by the prisoner, between twelve and one o'clock on the 15th of August.

HENRY OSMOND . I am a pawnbroker, and live in Broad-street, Ratcliff. On Saturday, the 15th of August, the prisoner pawned a child's coat, for 2s.

JOHN NORRIS . I am an officer. I was sent for, and took the prisoner - he took me to the pawnbroker's.

REBECCA SMITH . These articles are my property; I am quite sure my window was shut down - I thought it would not open without breaking, but it did, and he had broken a knife in opening the drawers.

Prisoner's Defence (written.) I have never before, on any occasion, been accused of an offence against the laws of my country, but have lived with my parents, and have at all times maintained a good character with those who knew me. This act I was tempted to commit, at the request of William Budd , who opened the window of the house, and asked me to get in, and told me what to do; when I came out he took the bundle and went away with it; afterwards sharing the 10s. This statement is not made with a view of exeulpating myself, by implicating him, but to shew the Court, that although I am guilty of an offence, the commission of it was not contemplated or planned, but accidental, in consequence of meeting with William Budd.

Three witnesses gave the prisoner a good character.

GUILTY - DEATH Aged 13.

Recommended to Mercy by the Jury, on account of his character and youth, and believing him to be seduced by Budd .

1841. GEORGE SICE was indicted for stealing, on the 26th of July , 1 watch, value 1l.; 1 pair of breaches, value 15s.; 1 pair of shoes, value 2s.; 1 shirt, value 5s.; and 1 pair of trousers, value 2s., the goods of James Cox ; and 2 coats, value 3l. 10s., and 1 gold seal, value 5s., the goods of George Cox ; and 2 1/2 yards of woollen cloth, value 30s., the goods of David Callaghan , in the dwelling-house of James Cox .

DAVID CALLAGHAN . I am a journeyman-tailor , and work at Mr. Cox's, Little Russell-street, Bloomsbury . The prisoner is a shoemaker , and boarded in the house, but - did not lodge there - I missed this piece of cloth on the 26th of July; the prisoner had been there a good deal before - I left the cloth there on the Saturday night, and it was taken.

JOHN GANT . I am a pawnbroker, and live in London-street, Tottenham-court-road. I took in this coat on the 27th of July, from Kilerby.

BENJAMIN KILERBY . I am a tailor, and have known the prisoner about six months; I pawned a piece of cloth and a pair of breeches for him, but not this coat.

GEORGE MACKAY . I am a pawnbroker, and live in Grafton-street, Fitzroy-square. I have a remnant of cloth and a pair of breeches, which were pawned by Kilerby.

BENJAMIN KILERBY . These are what I pawned, by the desire of the prisoner - I got 25s. for them, and gave it to him.

DAVID CALLAGHAN . This cloth is my property.

JAMES COX . This watch and other articles are mine.

GEORGE COX . These articles are mine.

The prisoner put in a written Defence, stating that the property had been stolen by a boy named George Weston , in whose company he was.

GUILTY (of stealing to the value of 25s.) Aged 18.

Transported for Seven Years .

The Number of Prisoners committed for Trial at the present Session, was 423.

Of whom were Acquitted or Discharged by Proclamation.....146

Convicted.....277

Of whom 25 have Received Sentence of Death.

18.....Transportation for Life.

40..... 14 Years.

91..... 7 Years.

174 carried up.

174 brought up.

95 have been Imprisoned for various terms, Whipped of Fined.

7 Judgments Respited.

277
