Document type: sessionsPaper

Document ID: t18380402

uri: sessionsPapers/18380402

date: 18380402



CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

SIR JOHN COWAN, BART., MAYOR.

SIXTH SESSION, HELD APRIL 2, 1838.

MINUTES OF EVIDENCE,

Taken in Short-hand,

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.

1838.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY,

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, April 2, 1838, and following Days.

Before the Right Honourable Sir JOHN COWAN , Bart., LORD MAYOR of the City of London; Right Honourable Sir Nicholas Conyngham Tindal, Chief Justice of Her Majesty's Court of Com mon Pleas; Right Honourable James, Lord Abinger, Chief Baron of Her Majesty's Court of Exchequer; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Pattison , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir William Heygate, Bart.; Matthias Prime Lucas, Esq.; Sir John Key , Bart. Sir Peter Laurie, Knt.; and Charles Farebrother, Esq., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall , Knt.; James Harmer , Esq.; John Pirie, Esq.; Thomas Wood , Esq.; John Lainson, Esq.; James White , Esq.; and John Humphery, Esq., Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS .

First Jury .

William Hill

John Webb

Thomas Beeching

Alfred Brett

John Brooksbank.

William Redman

Edward Chapman

Allen Millen

George Holloway

George Lawn

James Holland

William Alben

Second Jury .

James Hurren

James Finer

John Box

James Pattison

Henry Ebbs

Richard Allerton

William Honour

Maurice Barnard

Thomas Otley

Thomas Anderson

Thomas Collier

George Deal

Third Jury .

Edward Benton

William Hill

Adolphus Ackerman

Walter Borthwick

Charles Gooding Cavill

Henry William Gellinghurst

George Dyett

Benjamin Burford

Henry Carter

Leonard Humphrey Ball

William Lane

John Dight

Fourth Jury .

Jeremiah Downes

Charles Day

David Anderson

Job Davis

Thomas Courtney

William Bedford

John Abbot

William Frederick Eyre

John Buckman

Frederick Steven London

William Cull

John Cantis

Fifth Jury .

William Butterfield

George Hollingdale

Robert Davey

William Dicker

Joseph Haysh Carr

Samuel Ferdinand Morris

George Bredon

John Cowper

William Brown

James Binyon Cooper

William Day

William Bellamy

Sixth Jury .

George Adolphus Clark

William Child

John Bowens

Mathew Alder

Francis Besterby

Thomas Hill

Benjamin Baker

John Matthews

John Carey

Thomas Crawford

John Atkins

Benjamin Norton

CENTRAL CRIMINAL COURT .

COWAN, MAYOR . SIXTH SESSION .

A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be associate of bad characters.

LONDON AND MIDDLESEX CASES .

OLD COURT .— Monday, April 2 nd 1838.

First Jury, before Mr. Recorder .

909. THOMAS NORTON was indicted for stealing, on the 16th of December , 1 mare, price 2 l . the property of Alfred Hill .

ALFRED HILL . I am a jobber, and live at Chaste-side, Enfield. On the 15th of December I turned my mare-pony out on Chase Green-com mon—I missed her next morning, and on the 18th I found her at Ed monton, in possession of Walledge, a policeman—it was delivered up to me—she is worth 2 l .

JOHH WALLEDGE . I am one of the Edmonton police. On Saturday morning, the 16th of December, about four o'clock, I was on duty at Winchmore-hill, and saw the prisoner and his brother William with a pony, in Hopper's-lane—William was leading it, and the prisoner driving it—it was in an hempen halter—they were about three miles, from Chase Green-common—it was the same pony as was afterwards claimed and de livered up to Hill—I suspected by their manner that it was not their own property, and asked them about it—they both said they were going to take it to the pound, but they were going in a different direction—they were on the way to London—I took the horse from William Norton, and led it myself—I told them I was not satisfied, and they must go with me—we went for a quarter of a mile, or further—I questioned them closely, and not being satisfied with their answers, I took out my truncheon to secure them, and William ran away—I secured the prisoner—William was taken a fortnight afterwards, and tried—the prisoner was committed to the House of Correction as a vagabond, and was there at the time of William 's trial—he was afterwards taken for this.

Q. How was the prisoner driving the mare? A. He was following close behind his brother, by the side of the pony, patting it with his hands, encouraging it to go on.

Prisoner. I had not met my brother ten minutes before the officer over took

me—I told him where I had been sleeping that night, and I never offered to run away. Witness. He told the Magistrate he had been lying under a hay-stack the night before he met his brother—I asked the spot, which he described, and on that spot there was no hay-stack at the time.

NOT GUILTY .

910. ADELAIDE PAGET was indicted for stealing, on the 17th of January , 1 watch, value 20 s ., the goods of Charles Harding .

MARY ANN HARDING . I am the wife of Charles Harding, who keeps the Three Compasses public-house, in Glasshouse-street, Whitechapel. On the 13th of January the prisoner hired a furnished room in Compasses court, which runs up by the side of our house. On the following Wed nesday I employed her to clean part of our house—I had a watch hanging in the bar parlour—I missed it that evening, when the prisoner had not beta gone five minutes—my husband was serving in the bar at the time she went—I directly went to her room with the police-sergeant, but saw no more of her till she was apprehended—the watch was worth about 1 l .—I did not lend it to her—she was apprehended about a fortnight after—my husband happened to meet her accidentally in the highway.

Prisoner. Q. Was I employed in your house? A. Yes—when you came in the morning you said you were very cold, and I lent you an old shawl—you were cleaning the bar out—I did not lend you the watch to pledge—you did not ask me to lend you money on a monthly note, and I did not say I would if my husband would do so—nothing of the sort passed—a monthly note was shown to my husband, to be left with us as a sort of security, but I never lent you the watch.

Q. Did not I leave money at your bar on Monday night, and in the morning spend every farthing I had with you in drink, which was the change of a sovereign I got from a captain? and did not you tell me in the morning, "I have got money belonging to you?" A. No, you paid me 3 s . 6 d . in advance for a week's rent, that is all the money I received from you, except what you might have spent at the bar, that I know nothing about—you took the room on the 13th, and on the 17th took the watch.

Prisoner . I left money with her to get a gown out of pawn—she was very much in liquor at the time—she told the Magistrate I was a stranger to her—he said it was singular I should be allowed to be in the bar-par lour—then she said I was a friend. Witness . I did not consider her any thing but a stranger, not having seen her till she took the room.

THOMAS ARNOLD . I am a policeman. I apprehended the prisoner at the desire of Charles Harding—he gave her into my custody for stealing a watch—she said she did not steal it, but Mrs. Harding had lent it her to pledge to raise a little money.

Prisoner. Q. Did not the prosecutrix acknowledge to the Magistrate that she and I had three quarterns of rum together that night? A. I do not recollect any thing of the kind.

THOMAS GEORGE SIZER . I am foreman to Mr. Kennedy, pawnbroker, in High-street, Shadwell. I produce a watch, which was pawned on the 18th of January, by the prisoner, for 10 s .—she said it was her own, and gave the name of Poynt, High-street.

( Property produced and sworn to .)

Prisoner's Defence . I did not say it was my own—he never asked me

my name—I had taken a room of Mrs. Harding on the Saturday previous, and paid her the rent on Saturday—on Monday night I was cleaning the up-room, having been employed in the bar, and then went out went out with her—she gave me money to buy grocery at a shop—we then went into a public-house, and had three quarterns of rum—I had received a letter from my husband to go to a young man's mother, and not being respectable, as they had always seen me, I asked Mrs. Harding to lend me money on a monthly note—she said she would, if Mr. Harding agreed to it—he refused, and while we were out drinking she said she would lend me the watch to pawn, provided I would get it out of pawn by the first of February—I went out the next morning, and pawned the watch for 10 s .—I had broken my arm that night—about a fortnight after I met the prosecutor walking with a gentleman, and spoke to him—he said I was the person he wanted, where was his watch—I said it was pawned, and told him where it was pawned—he said, who give me authority to pawn it?—I said, "Mrs. Harding "—he said, why not send him the ticket?—I said there was no occasion, as I had promised to get it out by the 1st of February—I asked him to take my monthly note is security, and he might send a young man with me to the Admiralty to get the money—he said he would not—I said, "Then I mast go home," and he gave me in charge.

CHARLES HARDING . In going down the highway, about a fortnight after the robbery, I met the prisoner, and told her I wanted her about the watch—she said, "Mrs. Harding lent it to me "—I said, "Then why should you leave the house?"—she said, "I understood the police were after me "—I said, "If it was lent to you, why do you fear the police?"—I know nothing of her breaking her arm.

Prisoner . What Mr. Harding has said is false—Mr. and Mrs. Harding were quarrelling, and she threw a quart pot at her husband's head—she was in liquor very much—she and I had been out drinking.

MRs. HARDING re-examined . I was not drunk—I did not throw the pot at my husband's head.

CHARLES HARDING re-examined . At the time I was serving some beet, there was a person taking some cans out—my wife disputed whether the pots should go with the cans, and she did strike me with a pot—my wife caught her gown on fire, which made her ill, after this happened, and pre vented her coming here last Session.

NOT GUILTY .

911. JOHN BROOKS was indicted for wilful and corrupt perjury.

NOT GUILTY .

912. EDWARD GOVETT was indicted for wilful and corrupt perjury.

NOT GUILTY .

913. WILLIAM CHILDS was indicted for stealing, on the 20th of March , 59lbs. weight of pork, value 9 s . 9 d ., the goods of John Reed ; to which he pleaded

GUILTY . Aged 60.— Confined Three Months .

914. GEORGE BEDFORD was indicted for stealing, on the 5th of March , 2 hats, value 9 s ., the goods of George Perring .

THOMAS ALDRIDGE . I am servant to Mr. George Perring, of No. 57, Cheapside. On the evening of the 5th of March I saw the prisoner at the shop—he took two hats, and ran away—they had been in the shop, near the door—I followed, and came' up with him 200 yards from the shop Bow churchyard—I took the hats from him, and gave him in charge of an officer—these are the hats—they are my master's.

ROBERT SHEPHERD . I am watchman of cordwainer's Ward. I took the prisoner, and produce the hats.

GUILTY .*— Confined One Year .

915. WILLIAM TREW was indicted for stealing, on the 10th of March , 1 coat, value 20 s ., the goods of Edwin Daniel ; and that he had been before convicted of felony.

EDWIN DANIEL . I am in the employ of Francis M'Grath, a grocer King-street, Hammersmith. Between twelve and one o'clock, on the 10th of March, I left my master's cart in Bread-street, and went to a tobacco nist's—I left my coat in the cart—I was away ten minutes, and then mind my coat—I have since seen it—the officer had it when he took the prisoner with it.

JOHN RAWLINSON . I am a carman, and live at No. 26, Bread-street hill. I met the prisoner in Basing-lane—I saw him turn into Basing-lane with the coat on his arm—I ran, and stopped him in the churchyard—I brought him back, and gave him to the officer.

JAMES CUTHBERT . I am an officer. The coat was given to me, but I have been detained at the Mansion-house, and have not had time to get the coat—I have it at home.

EDWIN DANIEL re-examined . I saw the coat again, on the day the pri soner was taken, in the officer's hands—I am sure it is the one I had in the cart.

JOHN RAWLINSON re-examined . I gave the officer the same coat as I took from the prisoner.

ROBERT GADBURY . I am a patrol of Bread-street Ward. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—( read )—I was present at the former trial—I had apprehended him—he is the person mentioned.

GUILTY . Aged 27.— Confined One Year .

OLD COURT .— Tuesday, April 3 rd , 1838.

Second Jury, before Mr. Sergeant Arabin .

916. STEPHEN DAVIS was indicted for feloniously forging and ut tering a request for the delivery of 1 gallon of improved brandy in a basket bottle, with intent to defraud Henry Brett .

HENRY BRETT . I am in the employ of my father, Henry Brett, a wine and brandy merchant, at Holborn-bars. We have a customer named F. Ed wards—he has dealt with us some time—the prisoner had been in his employ,

and came to us repeatedly for goods—on the 22nd of March he came and produced this request to me—I let him have a gallon of brandy, a basket, and a bottle, which we call a flask—( request read .)—"Please let the bearer have one gallon of improved brandy, a basket, and a bottle, for I. A. Edwards."

Cross-examined by MR. PAYNE . Q. Are you quite sure this was the order the prisoner presented to you? A. Certainly—there is a mark on it by which I know it.

FREDERICK EDWARDS . I am the son of John Absalom Edwards, and live in Cambridge-terrace, Edgware-road. The prisoner was about three months in his service, and left on the 10th of February—he was not with him in March—this request is not my father's writing.

Cross-examined. Q. When did he leave? A. On the 10th of February—the order is not my writing, nor my father's—I never saw the prisoner's writing, and cannot say whether he can write or not.

NOT GUILTY .

917. THOMAS EDMUND WYATT was indicted for stealing, on Che 13th of March , 1 spoon, value 10 s ., the goods of Thomas Jefferson Holt ; and that he had been before convicted of felony.

THOMAS JEFFERSON HOLT . I am a confectioner, and live in St. Paul's churchyard On the 13th of March the prisoner came to my shop—I did not bow him before—be called for a plate of ox-tail soup which was supplied to him by my servant—my attention was called to him—he was there about half an hour—I had lost spoons before, and when he left, I went up into the loop room and missed the spoon—I followed him—he ran to near Pater noster-row—I came up to him and said, "Young man give me my property"—he said, "It is in my coat pocket"—he drew it from his pocket, and put it into my hand—I said, "This is the second time I have been served this trick," and took him to the watch-house.

GEORGE JOHN RESTIEAUX . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—( read )—I was a witness against him—he is the same man—he was im prisoned three months.

GUILTY . Aged 22.— Transported for Fourteen Years .

918. JOHN M'LAREN was indicted for stealing, on the 27th of March , 1 coat, value 10 s ., the goods of Henry Gosden .

HENRY GOSDEN . I live with Mr. Hedges, a harness-maker and horse-dealer, in Burn-street, Paddington. About three weeks or a month ago my master brought the prisoner home to do a job—he was a stranger till then—master gave him supper that night, and be came and asked mistress for a light to go to bed, as he was to sleep there; but he went away, and I missed my coat—I never found him till I met him in Smithfield on the 27th of March—I knew him again—he had got my coat on his back—I said, "Halloo my fellow "—he said, "Stop, stop, I will give you the coat, don't make a row," and then he ran away—I ran after him, and called a policeman, and he was secured—this is my coat—( looking at it )—it had laid on my bed.

WILLIAM DEVONSHIRE . I am a policeman, I heard the prosecutor calling for the police, and I secured the prisoner with the coat on his back—he said he meant to give it back to the boy.

Prisoner's Defence . I was in the market, and his master asked if I wanted a job—he set me to clean some horses, and to take them home I asked him if he could tell me a regular job—his master agreed for me to stop there a week for my victuals, and I was to lie on the straw in the room in which this boy slept—I could not find any straw, and I put on his coat to go and find him, but I could not find him—when I came back the stable was fastened, and I did not like to disturb them—I should hart returned the coat, but I was looking for a situation.

GUILTY . Aged 26.— Confined Three Months .

919. JOSEPH SMITH and GEORGE BAILEY were indicted for stealing, on the 3rd of March , 12lbs. weight of sugar, value 9 s ., the goods of John Hinton , and another.

ROBERT TYRRELL . I am a police-officer at the General Post-office. On the 3rd of March, about half-past nine o'clock in the evening, Mr. Hinton's chaise stood at the door of the King's Head, Newgate-street—the prisoner Bailey went and looked into it, and went away again—he returned in about a minute, took a parcel out, and gave it to the prisoner Smith, who had a bag which he put it into—I went over, seized Smith, put him into a shop, and left him in charge—I went over, secured Bailey, brought him into the shop, and handcuffed them and took them to the Computer—when I asked Smith what he had got there he said he did not know, a man had just given it to him to hold—when I brought them together I said to Smith, "Is this the man who gave you the sugar?"—he said, "No, I don't know that man."

Cross-examined by MR. BALLANTINE . Q. This was in the evening? A. Yes; it was quite dark—I was standing opposite the chaise—I took Smith first, and Bailey about two minutes after—he walked away, and I lost sight of him—when I took him, he was coming from the opposite side to the chaise—what makes me certain of him was, seeing him go twice to the chaise—I did not know him before—the gas was lighted.

GEORGE BAXTER . I am servant to John Hinton, of the King's Had, Newgate-street. I had put this sugar into the chaise—I had bought it for my master, not a quarter of an hour before—I merely ran into the house to call somebody out, while it was taken.

Bailey's Defence . A man came along, and asked me to hold the panel, and he would give me a pint of beer.

(The prisoners received good characters.)

BAILEY — GUILTY . Aged 23.

SMITH — GUILTY . Aged 41.

Confined Three Months .

920. EDWARD LONG was indicted for stealing, on the 21st of March , 1 cap, value 9 d ., the goods of Thomas Robert Hartley .

WILLIAM JOHNSON . I am a policeman. On the 21st of March I was in Barbican, and saw the prisoner take a cap from Mr. Hartley's shop door—I went and took him, and took it from him, about three doors from the house.

THOMAS ROBERT HARTLEY . I keep the shop. This cap is my Pro perty.

GUILTY . Aged 14.— Confined Six Months .

921. WILLIAM SMITH was indicted for stealing, on the 27th of September , 1 watch, value 2 l . 2 s ., the goods of Jonah West Barnet .

MR. BALLANTINE conducted the Prosecution .

JONAH WEST BARNET . I am in the employ of Leaf and Co., ware housemen. I have seen a watch produced by the officer—it belongs to me—it is nine months since I had seen it safe—I kept it in a drawer in my bed-room, unlocked—I do not remember seeing it after that, till it was brought to me by young Mr. Smith, at Guildhall, about three months ago—I had had it ever since my father's death.

Cross-examined by MR. DOANE . Q. Young Mr. Smith is the prisoner's son? A. Yes—I am certain it is my watch—the drawer was unlocked—there are a great number of persons employed in the house.

ELIZABETH SANDOVER . I am in the employ of Leaf and Co. I know the prisoner—he was at work there at the latter end of September, repair ing a room, close adjoining the room Barnet sleeps in—the door of the room was not locked—he was also employed in other parts of the house.

EDWARD EYRE . I am in the employ of John Leschalles, of Princes-street, Spitalfields. On the 27th of September the prisoner was employed at Leaf and Co.'s, in Wood-street, as a journeyman carpenter.

WILLIAM BARNET . I live at No. 7, Britannia-street, City-road. I was in company with the prisoner and his son last September, at the prisoner's house, in Hackney-road—I went there with the son to supper—I never saw the prisoner before that—after supper I asked what o'clock it was—the prisoner took out a watch, and showed me that it was twenty minutes after ten o'clock—I asked him if he was sure he was right—he said yes, it was a very good watch, he never had a better, and handed it over to me, and said, what did I think he gave for it—I opened it, looked at the face of it, and found my name in it—I said, "Who did you buy it of"—he said, "Of two men, at a public-house"—I saw my name, and the number of it, and said, "Good God! this is my watch; my father had it eighteen years ago."

Cross-examined. Q. Did not you say you would go and ask your mo ther about it, as she knew your watch? A. No, I did not—I did not make inquiry about it of anybody—I gave it back to the prisoner then—he told me before I opened it, that he gave 10 s . for it, and it cost him three half-crowns to repair it—he did not say he was fearful he had made a bad bargain, finding the main-spring broken—he said it was very much out of repair—I was a perfect stranger to him—he did not show me the watch till I asked what o'clock it was—when I opened it, I said, "This is my watch"—he told me How he had got it before I claimed it—I did not go to my brother, he came to me—I told him what had occurred the night before.

Q. Was it not agreed, on your claiming it, that you should have it back provided he got the 17 s . 6 d . which it cost him? A. A message came to me next day, by his son, that I should have it by paying the 17 s . 6 d .—I said if he would bring the watch he should have the money, but it never was brought—I never saw him again—I did not communicate this to Leaf and Co. for two or three weeks—it is at their instance this prosecution is instituted—I never saw the prisoner's daughter at any house—I said it was a pity he had not given me the watch at once, and then he would not have got into trouble—I did not then suggest he had better get out of the way—I felt for the man, having a family—I do not know How long it was before

a warrant was issued for his apprehension—I saw him in custody last Thursday week—I saw the watch in December.

MR. BALLANTINE . Q. You had no reason to suppose he had stolen the watch? A. Certainly not—I knew nothing about his having worked for Leaf.

JOHN CARTER . I am a watch-maker, and live in Hackney-road. This watch was left at my house to repair, the last week in September, or be fore the 3rd of October, in the name of Smith—I cannot speak to the per son of the man who brought it.

JOHN ROE . I am an officer. About three or four months ago I was applied to about this watch—I made several applications to the prisoner's son, and endeavoured to find the prisoner, but was not able to do so for two or three months—I went to his house—I got a warrant for him at last—about five weeks ago I saw him one day go into his garden in Hack ney-road—I did not know he was Mr. Smith, but I said to him, "How do you do, Mr. Smith?"—he said, "I am very well, thank you, How as you?"—I then said I had a warrant against him respecting the matter of the watch—he said, "You are mistaken, I am not the person you mean'—I then said I should not take him away from his family without their knowing where he was going, and asked him to explain the matter—he knocked at the door, and it was opened—he went along the passage and called at the kitchen stairs for a light, and when the light appeared I saw his body over the wall in the garden—I just saw his feet going over—there was a back door in the centre of the stairs, at which he must hare gone out—I endeavoured to follow him, but was prevented by his wife—I succeeded in taking him about three weeks afterwards—it was on a Satur day night that he ran away—I asked him who was with him at the time he purchased the watch, and he said his son.

NOT GUILTY .

922. SARAH LITCHFIELD was indicted for stealing, on the 4th of September , 1 pair of drawers, value 1 s ., the goods of Francis Russell : 5 shirts, value 1 l .; 2 shoe-buckles, value 8 s .; 1 pair of trowsers, value 3 s .; 1 table-cloth, value 4 s .; 1 bed-gown, value 3 s .; 2 pillow-cases, value 2 s .; and 2 handkerchiefs, value 4 s .; the goods of John Russell , her master; also, for stealing, on the 19th of January , 1 sacramental cup, value 1 l ., the goods of John Russell , her master; to both of which indictments she pleaded

GUILTY . Aged 44.— Transported for Seven Years .

923. WILLIAM BAKER was indicted for stealing, on the 20th of March , 7 3/4 lbs. weight of tobacco, value 25 s ., the goods of Joseph Procter , his master.

JOSEPH PROCTER . I am a tobacconist, and live in Bishopsgate-street The prisoner was my servant, and slept in the house—I had suspicion, and on the morning of the 20th of March, my female servant gave me in formation—I saw the prisoner coming out of his bed-room, and I said to him, "Charles, I am told you have some tobacco here?"—he said he had none—I said, "I insist on your letting me see it; what have you in the bundle under your arm?" he said, "My dirty things"—I said, "Let me see them"—he opened the bundle on the bed, and said, "You see they are

dirty shirts"—I said, "What is in them?"—he said, "I hope you will for give me"—I undid the shirts, and there was 7 3/4 lbs. of tobacco in them—he had been three weeks and one day in my employ. (The prisoner received a good character.)

GUILTY . Aged 22.— Confined Three Months .

Before Mr. Recorder .

924. JAMES BROWN was indicted for stealing, on the 23rd of March , 14 rings, value 4 l . 15 s ., the goods of James Smee .

MARY SMEE . I am the wife of James Smee, a jeweller, in the Minories. On the evening of the 23rd of March I was called into my husband's shop, by the shopman, and saw the prisoner—I showed him fourteen gold wed ding-rings on a card—he tried on two or three, then snatched the card from my hand, and ran out of the shop—I ran after him, crying "Stop thief," and he was stopped by two watchmen, and the property was found on him.

NELSON RICKET . I am a watchman. I heard a cry of "Stop thief," and saw the prisoner running—I stopped him—Mrs. Smee came up, and said she had lost a card of wedding-rings—I asked the prisoner where they were, and said to another watchman, "Look for them "—the prisoner said, "There is no occasion to look for them, I have got them," and pulled out of his breast a card containing fourteen rings.

( Property produced and sworn to .)

GUILTY . Aged 22.— Confined One Year .

925. CHARLES PROBERT and HENRY GRIFFITHS were in dicted for stealing, on the 19th of March , 1£100 Bank-note, the property of John Pollexben Pownall Wade Bastard ; and THOMAS BALL for feloniously receiving the same, well knowing it to be stolen; and JOHN PAUL , as accessory after the fact.

JOHN POLLEXBEN POWNALL WADE BASTARD . I am a lieutenant in the Royal Horse Guards Blue. On Monday, the 19th of March, I gave George Carrington a cheque for£300, on Cox and Biddulph—this is the cheque—( looking at it )—I saw him go into the banking-house with the cheque—he came out, and gave me, the money directly—there were two£100 notes and seven£10 notes among it—30 l . was deducted—I desired him to keep the 30 l .—I took the two£100 notes, and seven£10 notes, home with me—I left one£100 note and the seven£10 notes at home—I put one£100 note into my waistcoat pocket, and went to Mr. Wright's, in Gough-street, Gray's Inn-lane—I was there about half an hour, and then went to Pall Mall, and when I got there I found the note was gone out of my pocket—I was at Wright's about half-past two o'clock, and at Pall Mall at ten minutes after three o'clock, when I missed the note—I looked at my watch after I missed it—the cheque was drawn by Mr. Sandford—I did not notice either of the prisoners any where that day.

Cross-examined by MR. PHILLIPS . Q. There was no attempt to rob you at all? A. No, it must have got out of my pocket—my impression is, that I dropped it while I was looking at a coach in the mail-coach factory—I have recovered the note—it went to the Bank to be changed.

COURT . Q. Where is it your impression that you dropped it? A. Why, at

Wright's mail-coach factory—I certainly had it in my pocket when I left the barracks, and I went direct there—I did not get out of my cab till I got there.

GEORGE CARRINGTON . I am a stable-keeper, and live in Albion-street, Hyde Park. On the 19th of March, Mr. Bastard gave me a cheque on Messrs. Cox and Biddulph, Charing-cross—I got it cashed there, and got two£100 Bank-of-England notes, and ten£10 notes—I gave Mr. Bastard the two£100 notes, and seven of the£10 notes, retaining, by his desire, the other three.

WILLIAM HARE . I am cashier to Cox and Co., Charing-cross. On the 19th of March I cashed this cheque—I gave two£100 notes, and ten£10 notes—one of the£100 notes was No. 645, dated 10th January, 1838, and the other was No. 2403 of the same date—it is not the custom to issue two notes of the same amount, with the same number and date.

JOHN KEMPSTER . I am a clerk in the Bank of England. On the 19th of March a man tendered to me a£100 note, No. 2403, dated 10th Janu ary, 1838—it was about a quarter before four o'clock—there was no name or address on the note at the time he presented it; but we always require the name and address, and I asked him for it—he took it away, and re turned it me, after getting some one to put a name and address on it—it was, "Thomas Lack, Laystall-street, Gray's Inn-lane "—I asked him in what way he would have it cashed, and I paid him 100 sovereigns—it was a labouring man—I cannot say either of the prisoners was the man.

THOMAS BROWNING . I live in Munster-street, York-square, and an clerk to Mr. Wright, mail coach contracter, in Gough-street, Gray's Inn-lane. I saw the prosecutor there on the 19th of March—the prisoners were in Mr. Wright's employ—their business would probably bring then there at the time the prosecutor was there—they would be about the premises in the ordinary course of things—they were employed there that day—the prosecutor was in the factory yard—he went down to a part of the yard where there was a quantity of iron lying, to look at a coach which was standing there—after the prosecutor left the yard, the prisoner Ball came to me and asked permission to leave the factory for about ten minutes or a—I gave him permission, and he was gone nearly or quite an hour—I did not learn that the note had been lost till ten o'clock next morning—I then immediately went round the factory, and made known to all the men that a note had been lost, and offered a reward of 10 l ., on my own responsibi lity, to any man that would bring it to the counting-house, not knowing then that it had been paid in—I gave notice of it to the prisoners among the rest.

WILLIAM BALLARD . I am an officer of Bow-street. In consequence of information I received I went to the premises of Mr. Wright, on the 21st of March, accompanied by Mr. Kempster—I saw the prisoner Ball on the premises, with two or three other men, washing one of the coaches—we went there to look at one of the other men who was known to be absent at the time the note was lost—we afterwards went round the factory—I had occasion to leave, and returned late in the afternoon, and while in the counting-house the prisoner Ball came in—he said he understood there was 10 l . reward offered for the£100 note, and hoped that he should have the 10 l . and be pardoned if he told the truth—no promise or threat was made to him—I answered, "I can say nothing to that, did you pick the note up?"—he said no he did not, but he had been and got it changed—I

asked him where the money was—he said it was all safe—I asked where—he said it was at Westminster, and said that he had had 10 l . himself for getting it changed, and he had about 8 l . left, and could make up the other two—something was said as to who he had it from, and who had got the money there, and he then mentioned Probert's name—that Probert had picked up the note—I then sent for Probert, and asked him where the money was—he said it was at home, and he could get it—I did not tell him what Ball had said about his picking up the note—I asked him How much he had—he said, 50 l ., and that he had the whole of it at home—he then said he had picked up the note near where the iron laid in the factory yard, and had shown it to Griffiths, and Griffiths and he went to Ball with it—I then sent for Griffiths, and asked him where the money was—he said it was at home—I asked How much he had—he said 35 l ., that he had spent 3 l . or 4 l . of it, but he could get the other—Griffiths admitted that Probert had shown him the note, and said they went together to Ball, who went and got it changed—somebody standing by the counting-house observed to me that I had not got the whole—I asked who had got the rest, and some one answered that Paul had had 5 l . of it—Paul was sent for and came—I asked him where the money was—he said 4 l . of it was at home in a box, and he had spent 1 l .—he gave me the keys of a box out of which I after wards went and got 4 l . 13 s .—he was asked why he had received the 5 l . or what he had received it for, and some one answered, "To hold his tongue"—I said, "What do you think we think you received it for"—he made some answer, and admitted, not certainly in direct words, that it was for that purpose—he was a washer at the same coach with Ball—I went down to Horgeferry-road with Probert, and in going we saw a young girl who he said was his sister—he asked her for the money, and directed her to go down stairs and get it, and in about jive minutes she brought up fifty sovereigns wrapped up as these now appear—( producing them )—I afterwards went with Griffiths to his house, to his mother's at least, and the mother gave me 30 l .—next morning Ball took me to his residence No. 29, Hare-street, and told his wife to give me the money—she opened a box and gave me 8 l .—next morning Griffiths's sister-in-law brought me up the other 5 l ., making up the 35 l . he had got—there is about 2 l . 13 s . short altogether.

THOMAS BROWNING re-examined. Q. How soon after Mr. Bastard left did Ball apply to you? A. About ten minutes after three o'clock—Mr. Bastard left about a quarter to three o'clock.

NOT GUILTY .

NEW COURT .— Tuesday, April 3 rd , 1838.

Fifth Jury, before Mr. Common Sergeant .

926. JOHN ASHMAN was indicted for stealing, on the 25th of March , 3 brass knobs, value 2 s ., the goods of the church wardens of the Parish of Saint Sepulchre .—2nd COUNT , stating them to be the goods of the Parishioners of the said parish ,—to which he pleaded

GUILTY . Aged 53.— Confined Three Months .

927. WILLIAM SILVESTER was indicted for stealing, on the 3rd of March , 1 handkerchief, value 2 s . 6 d ., the goods of Charles Collambell , from his person.

CHARLES COLLAMBELL . I live at No. 4, Dover-place, New Kent-road, and am a surgeon. About nine o'clock at night, on Saturday, the 3rd of March, I was near St. Bride's church, in Fleet-street—I felt a sudden twitch at my pocket—I turned round, and saw three men behind me—I collared one—that was not the prisoner—I saw the prisoner turn up Bride-lane—I immediately pursued, stopped him, and charged him with having picked my pocket, and on searching him I found my handkerchief tucked inside his breast—this is it—( looking at it .)

Prisoner. Q. Where was the last place you had your handkerchief? A. By the corner of Bouverie-street—I had it when I came down Fleet-street—I did not say at the watch-house that I could only swear to the handkerchief by the pattern—there is no mark on it, but I feel perfectly satisfied that it is mine.

WILLIAM GROVE . I am an officer. I was called, and the prosecutor gave me the handkerchief.

Prisoner. Q. Did not the gentleman say he only knew it by the pat tern? A. He said there were no letters on it—I did not hear him say any thing about the pattern—I asked him if there was any mark on it—he said, no, but he would swear to the handkerchief.

Prisoner's Defence . I saw this handkerchief lying down, and picked it up—I turned down Bride-lane—the gentleman came up to me, and said, "Have you got my handkerchief?"—I said, "Is it yours?"—I did not deny it—he said, "Come to the watch-house "—which I did.

GUILTY .—Aged 32. Confined Six Months .

928. WILLIAM BLACKWOOD and MARY ANN PRICE were indicted for stealing, on the 19th of March , 1 handkerchief, value 2 s ., the goods of Thomas Hollingshead , from his person.

THOMAS HOLLINGSHEAD . I live at No. 3, Fenwick-court, Holborn On the 19th of March I was in Black Horse-court, Fleet-street—I observed an assault on a gentleman—I went down, and in going to the station-house with the gentleman, when within two steps of the station, I felt something at my pocket—I felt, and my handkerchief was gone—this is mine—I know it by the pattern—there is no mark on it—there were two or three officers near me, and I saw the handkerchief drop—I cannot say from whom—as soon as I turned round the two prisoners were at my back. and in custody, and the handkerchief fell at my feet—it was as near to their feet as mine.

Price . Was I not before you?—I went to see what was the matter—I went to the watch-house, and there was a handkerchief dropped from my shawl—I do not know who put it there—two officers came and laid hold of me—I was far before him—I was looking over the watch-house door. Witness . I saw no handkerchief near her shawl.

Blackwood. Q. Was I not a good way behind you? A. No, close.

CHARLES THORP . I am patrol of St. Bride's. I was on this even ing in Black Horse-court—I saw the two prisoners behind the gen tleman—I knew them both before—I stood on one side to make way for the charge, and saw Blackwood take the handkerchief from the gentleman, and he gave it to Price—she put it under her left arm, under her shawl—he immediately stooped down, and began to tie his shoe—I laid hold of his collar, and told the gentleman I knew where the handkerchief was—in putting them into the watch-house the handkerchief fell from Trice's shawl—I knew them before—they are ac quainted

—I had seen them together for two hours before, walking up and down Fleet-street.

JOHN JONES . I am a watchman of St. Bride's. I was in the watch-house—I saw the handkerchief drop from the female prisoner.

Price's Defence . I know nothing of this boy.

Blackwood's Defence . There was the fight in a street—I was looking, and then I went to the watch-house to see the man; as I was going the gentleman caught hold of me, and put me into the watch-house.

BLACKWOOD — GUILTY . Aged 16.— Transported for Ten years .

PRICE — GUILTY . Aged 16.— Confined One Year .

929. JOHN CASHMAN was indicted for stealing, on the 10th of March , 1 bed-tick, value 6 d .; 4 handkerchiefs, value 1 s . 6 d .; 3 pairs of stockings, value 1 s . 6 d .; 1 cloak, value 1 s .; 1 pewter pot, value 3 d .; 1 tea-pot, value 1 s .; 1 pair of shoes, value 3 d .; and 1/2 lb. weight of horse-chair, value 6 d .; the goods of Jemima Wilson .

GEORGE BAKER . I am a watchman of St. Dunstan's. About half-past three o'clock, on the morning of the 4th of March, I was going down Neville's-court, and found the door of No. 4, open—I went in, and went round the corner, up to the water-closet, and found the prisoner coming out—I asked what he did there—he said he went to ease himself—I said that would not do for me—he turned round and ran away, I sprung my rattle, and caught him on New-street-hill—I brought him back, and found in his coat pocket three pairs of stockings, and a comforter.

THOMAS QUINNELL . I am a watchman of St. Dunstan's. I went to Baker's assistance, and we found the prisoner coming out of the privy—he said he had been to ease himself—he then ran off—Baker followed and brought him back—I went into the privy, and Found a red cloak, a pint pot, and a bed-tick.

FRANCIS REXTER . I am an officer. The prisoner was brought to the watch-house—I found in his hat a silk handkerchief, and two cotton ones—in his pocket a phosphorus box, some trinkets, and a key which opened the door of the house.

JEMIMA WILSON . I am a widow, and live in this house. I was in bed that night—this property all belongs to me—I had left them all in the kitch en, down stairs, except the cloak, which was at the one-pair of stairs door.

Cross-examined by MR. PHILLIPS . Q. How was your door? A. It was shut safe, but only on the latch—this is a common latch-key—I have two lodgers—they were in bed—I was the last up—there were more valuable things in the house.

(J. Nightingale, a fishmonger, Bridge water-gardens, and W. Harrow, a fancy trimming maker, Bridgewater-gardens, gave the prisoner a good character.)

GUILTY . Aged 33.— Transported for Seven Years .

930. WILLIAM MARSDEN and CATHERINE CONNOR were indicted for stealing, on the 10th of March , 1 handkerchief, value 2 s ., the goods of John Evans , from his person.

JOHN EVANS . About three o'clock on Saturday, the 10th of March, I was passing through Lombard-street—a gentleman tapped me on the

shoulder, and said something that induced me to put my hand into my pocket, and my handkerchief was gone—I cannot say How long before had seen it, probably a few minutes—the gentleman had hold of the male prisoner with one hand, and the handkerchief in the other—it was mine—it was marked with my initials—I had not seen either of the prisoners near me—they were behind me.

PHILIP PARISH . I am a City police-constable. I was in Clement's lane, and saw the two prisoners walking together—they walked to Lom bard-street, and then to Gracechurch-street, and turned back to Lombard street—they met the prosecutor and another gentleman, walking—they then turned, and Marsden took this handkerchief from the prosecutor's pocket—a gentleman seized him with the handkerchief—Connor walkd off—I desired the gentleman to follow her, and take her, which he did—she was with Marsden, and by his side, when he did it.

MARSDEN — GUILTY . Aged 15.— Transported for Ten Years .

CONNOR — NOT GUILTY .

931. GEORGE WILLIAMS was indicted for stealing, on the 31st of March , 1 pair of trowsers, value 3 s . 6 d .; and 1 waistcoat, value 4 s .; the goods of Thomas Martin .

JOHN CHRISTIAN FRY . I am in the employ of Thomas Martin, a pawn-broker, on Snow-hill. About nine o'clock in the morning of the 31st 3rd March, I was at the window—there was a pair of trowsers and a waist coat inside the door—I saw them taken down—I did not see who took them, but I saw the prisoner walk past the window with them—I pursued him—he turned down a court and dropped them—I believe it was the pri soner, but his back was towards me—I pursued him, and cried "Stop thief"—he was stopped by a man at the top of the court—he came back and was given into custody—he did not deny the robbery—there was no other person that could have dropped them that I saw.

Prisoner . There were plenty of people about. Witness . I believe him to be the man that dropped them—I did not see him take them down—I did not see him near the shop before they were missing—I asked him what he did it for, and he said, "For distress "—the things were cut down.

HENRY KIPLING . I am a porter at the George. I heard a cry of "Stop thief," and saw the prisoner running up the court—I stopped him—I did not see him drop any thing, but he took a knife and threw it in at my door—it was a shoemaker's knife.

JOHN SCOTT ( City police-constable ). I took the prisoner, and have the property.

Prisoner's Defence . At nine o'clock in the morning in the City there are plenty of people passing, and this person tried to find some one else that saw me do it, but they could not—I was going up the turning, and I suppose it was because I had a ragged coat on—I can give no other reason for it.

NOT GUILTY .

932. JOHN HARRIS and WILLIAM ATKINS were indicted for stealing, on the 6th of March , 1 purse, value 6 d .; 4 sovereigns, 1 half-crown, 6 shillings, and 3 sixpences; the goods and monies of Harriet perry , from her person.

HARRIET PERRY . I live at No. 7, Westminster-bridge-road, and am single. About two o'clock in the day, on the 6th of March, I was in water-lane, Blackfriars—there was a pressure on my left shoulder, and then on my right—I put my hand to my pocket, and my purse was gone, with our sovereigns and 10 s .—I saw Harris, and I suppose he was one of those pressing—only two appeared to be pressing—Harris was one—the purse was on my right hand—he was on the right also—he was running way, and my purse was gone—he put his hand into my pocket I suppose—me one put his hand in—I am quite sure Harris was on the right—I do not know who was on the left.

Cross-examined by MR. CLARKSON . Q. There was no crowd of people? A. No, nobody but two persons—I felt my purse taken from my pocket—told the Magistrate so—I do not know How many people have been taken up on this charge—I swore to Harris, because he had the same sort of clothes on that the boy had who was passing me—there were two other boys taken—they had not the same clothes on—I cannot say How they same to take them—I saw the other boys the next day at Guildhall, before the Magistrate—there were four brought up—I spoke to Harris—I said at the station-house that he was the same—I had never seen Harris before—hen I went to complain that I had lost my purse, I did not say that I had seen two boys dressed like Harris and Atkins, and they were near me—I only saw one, that was Harris—I was pressed on both sides at the same time—I have never found my purse nor money.

COURT . Q. You said you only saw two persons, and Harris was one; now you say only one? A. I was pressed by two persons, but I did not see two—the only person that I saw was Harris—I was frightened—I know him from his face and general appearance.

EDWARD NIMMO . I am a butcher, and live at No. 6, Union-street. I was standing by my counting-house, and looked out of the shop—I saw Harris walk deliberately up to this lady, and put his hand into her pocket behind, or cut it, and take out a brown purse, and swing it round—I ran out, and said,"Madam, you are robbed"—I ran, and took Harris in Bride-lane—Atkins was there—I cannot say what situation he was in—they trip ped me up, and I fell with Atkins—there were several of them about.

Cross-examined. Q. You were the first person who gave information to this lady? A. Yes—I do not know whether I knocked Atkins down—I threw Harris down—I do not know that I knocked him down—there were not many persons about the lady except these—there were a great many people in my shop—there were other people at the back of my shop—I suppose he handed the purse away—the same persons were brought up at Guildhall—I did not cause them to be taken—a man named Crawley took them—I did not tell him to take any other one—I was very much confused.

(Jacob Moses, No. 6, King-street, Commercial-road, dealer in Jewellery and watches, gave the prisoner Harris a good character.)

HARRIS *— GUILTY . Aged 18.

ATKINS — GUILTY . Aged 20.

Transported for Ten Years .

933. ROBERT WALKER was indicted for stealing, on the 6th of March , 29lbs. weight of cheese, value 1 l . 5 s ., the goods of William Gootch .

WILLIAM GOOTCII . I live in Great Bath-street, Clerkenwell, and keep a cheesemonger's shop. This is my cheese.

JAMES. WEST . I am shopman to the prosecutor. About half-past six o'clock in the evening of the 6th of March I missed a cheese from outside the shop—I heard it was lost—I went to Cold-bath-square, and overtook the prisoner, with this cheese on him—this is the one I lost—( looking at it .)

JAMES SUMMERSELL . I was minding the shop, and saw the prisoner come past, with the cheese under his arm—I gave information, and pursued him—he had got it.

Prisoner's Defence . A man asked me to carry this to the coach-rank, and said he would give me 6 d .—I did not take it from the shop.

GUILTY . Aged 22.— Confined Three Months .

934. JOHN CONNOR was indicted for stealing, on the 2nd of March , 1Ib. weight of tobacco, value 6 s ., the goods of David Barlin and another, his masters.

DAVID BARLIN . I am in partnership with another person as tobacconist. The prisoner was a servant in our employ—on the 2nd of March Sherwood called me down, and said, in the prisoner's hearing, that he had been rob bing me—I said, "Send for a policeman"—Sherwood produced the to bacco which he had taken from the prisoner's stocking—the prisoner said "I hope you will forgive me"—I gave him into custody.

JAMES SHERWOOD . I am in the employ of the prosecutor. I received information, and called the prisoner into the drying-room—I said had received very disagreeable information, that he had got some tobacco about him, would he produce it, or should I send for a policeman—he than, after some time, pulled up the legs of his trowsers, and produced this tobacco.

JOHN DONELLY . I saw the prisoner take this tobacco out of a bag on the ground—( looking at it .)

(The prisoner put in a petition for a lenient sentence.)

GUILTY . Aged 22.— Confined Six Months .

935. ANN PATTERSON was indicted for stealing, on the 1st of March , 1 spoon, value 10 s ., the goods of the Right Honourable Anne Countess Waldegrave , her mistress.

WILLIAM BENHAM TOMKINSON . I am a pawnbroker, in Upper George street. On the evening of the 1st of March the prisoner brought a spoon, and asked me to take it in to redeem some other property—I asked whose it was—she said her own—she then said the housekeeper gave it her be cause she could not pay her wages, and then she said she had taken it—I gave her into custody—at the station-house she said she worked at Lady Waldegrave's, and she had taken this from the kitchen, and wished to return it.

BENJAMIN NELSON and JOHN HUNT being called on their recognizance, did not answer.

NOT GUILTY .

936. ELIZA M'INTYRE was indicted for stealing, on the 3rd of March , 1 watch, value 12 l .; and 1 guard-chain, value 6 l .; the goods of John Crowe , from his person.

JOHN CBOWE . I am a builder, and live in Manchester-street, Grosvenor-square. About three or four o'clock, on the morning of the 3rd of March, I was coming home—I had been out with a party of friends, and in Oxford-street I was met by the prisoner, who asked me to accompany her to a house; and when we had been there ten minutes she suddenly left the room, which excited my suspicion, and I called to the people down stairs to stop her, which they did—I ran down, and accused her of stealing my watch—she said she had not got it—I asked her three times, and said I would not press the charge against her if she gave it me—she still denied it—the policeman was called in, and while he was searching her the watch and chain fell down, and was found at her feet—this is it—( looking at it .)

Prisoner . There were several other people in the passage, and there I had been two other women in the room as well as myself. Witness . There was no one but her in the room—no one could have dropped the watch but her, and two other young women said she had better give the watch to the gentleman.

Prisoner . He was very tipsy—there were six in the passage—the door was never locked—he gave 1 s . for the room, and he had no money to give me, that was the reason I left the room. Witness . I had 5 l . or 6 l . in my pocket—I would have given her some, but she ran away—the watch was in my waistcoat pocket—I had not undressed myself.

JAMES WARD ( police-constable C 172.) I was called in—the prosecutor, the prisoner, the woman of the house, and the servant, were all in the pas sage—the prosecutor charged the prisoner with-stealing the watch—she denied it—in searching her, the watch dropped from some part of her person—the prosecutor had been drinking.

GUILTY . Aged 26.— Confined One Year .

937. ELIZA WILLIAMS and MARY WILLIAMS were indicted for stealing, on the 2nd of March , 2 shawls, value 8 s ., the goods of Michael Mendoza .

ANN MENDOZA . I live at No. 7, Rosemary-lane, and am the wife of Michael Mendoza. On the 2nd of March the two prisoners came to my house for two bonnets which they had left a deposit on—they had dealt there some time—I put ten shawls on the counter, and when they turned out of the shop there were but eight—I sent my girl after them, and they were brought back, but I have not seen the shawls since—I am sure I had ten shawls—we placed ten on purpose, as we suspected them—I placed a girl to watch them.

Eliza Williams . If we had been bad characters why did she send the shopwoman to ask us what we wanted—she brought the bonnets down stairs, and gave one to each of us, and tied them in a handkerchief and then untied them again—on the Wednesday we went with my mother, and my mother bought a gown, and the shopwoman at the next door came in to have some things, and took three gowns out. Witness . No, she did not.

BRIDGET DELOREY . I live with the prosecutor. I remember the pri soners coming in—I was watching them—I went inside the parlour

door, and saw the two shawls hanging by the side of the counter the prisoners were buying a baby's frock, and they were bargaining there—Eliza Williams took the two shawls and slipped them under her shawl, and Mary was talking to my mistress, and buying a frock at the time—I told my mistress, "They have taken two shawls"—I am quite sure I say Eliza take the shawls, and then she went to my mistress and took the two bonnets—they then went out—my mistress told me not to tell her till her got to the door.

MARY LEE . I am an apprentice of the prosecutrix's. She called me down, and placed me behind the gowns on the chair—she showed one of the prisoners a frock, and while she was doing that Eliza took two shawls—they went out of the shop after they had looked at a boa—I did not give information before they went out, as they ran away as fast as they could—we ran after them—I saw her give the shawls to a man, and the man ran away, that I swear—I saw them both go out of the same door—the shawls were lying on the counter, close by the parlour door, with the other shawls—there is one shop door and one parlour door—I saw Eliza take the shawls while mistress was showing Mary a gown—they were close by the street door—Eliza was up by the parlour door—there were no people of the house there—Eliza went out first with the shawls—Mary was going after her—I was behind the gowns—I cried out the moment they went out, and when they went out they ran away—there is only one street door—they ran to the Rosemary Branch—there was a man there—I hallooed out, but he ran away as fast as he could—Martha Jacobs, the shop girl, was with me—they came back with us when we cried "Stop thief!"

BRIDGET DELOREY re-examined . They walked out one at one door, the other at the other.

Mary Williams . There were two more women in the shop, that we left there—we came out of one door, and there was a door on the left—this girl was tutored at the office by the prosecutrix—there was no cry of "Stop thief"—when this girl had the book put to her she said, if she swore false she would not go to God.

MART LEE re-examined . I have told the truth, and the whole truth—I told the same to the Magistrate—I told him that I lost sight of them for a minute—when I ran through the Rosemary Branch I saw them again.

MARTHA JACOBS . I am the shopwoman to the prosecutor. I was pre sent when Mrs. Mendoza put down the shawls—she put down ten—the prisoners came in to redeem two bonnets, on which they had left 2 s .—I was called to go and fetch them—I could not find them then—they were look ing at several other things—Eliza Williams took up two shawls—one was a blue shawl—they were by the parlour door, on the counter—they were not alone—there were ten separated in different parts of the place, three or four in one part, and three or four in another—they were all separated—there might have been four with these, I cannot say—I was told to watch at the door when they came in—a lady came in, and asked for a morning dress—I took the lady into the parlour, and my mistress called out they were gone—I hastened after them, and found them in Little Prescott-street—they were standing, and I asked what the man was doing, and they said, "He pushed up against us, and spoiled the two bonnets"—he was a short man, in a blue coat—he walked off, and they made very cross remarks, and said, "We have nothing on us"—they had dealt at the shop fifteen months.

MORRIS ASHER . About four o'clock in the afternoon in question I

was coming through Little Prescott-street, and saw the two prisoners give something to a man—the witness came up, I turned round, and the man was gone—I heard one of them say, "Come back, we have nothing on us."

Eliza Williams . There was no man near us. Witness . Yes, there was—you gave something to a man—what it was I cannot say.

CORNELIUS O'DONOGHUE ( police-constable H 180.) I took found nothing on them.

NOT GUILTY .

Eliza Williams . We never saw the shawls at all.

938. WILLIAM READ was indicted for stealing, on the 31st of March , 1 handkerchief, value 2 s . 6 d ., the goods of Cornelius Carter , from his person.

CORNELIUS CARTER . I am a chemist. About half-past ten o'clock on Saturday morning, I was looking into a shop window in Gracechurch-street, and saw, by reflection in the window, my handkerchief in the prisoner's hand—I turned, and he ran off—I followed him—he went up a court and dropped my handkerchief—I took it up, but still followed, and took him.

Prisoner . I picked it up at his feet. Witness . It could not have fallen—it was in the inside pocket of a dress-coat—when I took the prisoner, he begged of me to forgive him.

GUILTY .* Aged 23.— Transported for Ten Years .

939. WILLIAM ANDERSON was indicted for stealing, on the 8th of March , lib. 12oz. weight of brass, value 1 s .; 1 hammer head, value 1 s .; and 1 saw, value 6 d .; the goods of David Magson , his master.

DAVID MAOSON . I live at No. 60, Leather-lane, and am an engineer. I employed the prisoner as a carpenter, to remove my goods from fleet-street to Leather-lane on the 8th of March—he was going out—in conse quence of some suspicion, I asked him to go and drink with me, and when he went from the public-house, I thought he looked very bulky and I followed him—I gave him into custody—the property was found in the privy—he gave me the hammer head in the street—I saw the brass in the shop that day—it was safe about breakfast time—it was found about one o'clock at the Robin Hood, in Leather-lane—the next door to where I have a factory—there was no occasion for him to take it—these things are mine—( looking at them .)

JONATHAN DAVID MAGSON . My father sent; me for a policeman—I went into the privy, and found these things—the prisoner appeared sober—I had seen the saw in the shop that morning.

Prisoner . These things were brought and left in the street all night and there were other men working.

DAVID MAOOON re-examined . I had a great deal of property in the yard, and some van loads were left outside, but I know this piece of brass was seen in the shop that morning.

Prisoner . His things were brought from his other place, and were left in the mews all night—he was so drunk that the Magistrate would not hear him. Witness . I was an hour with him, and had a glass with him, because I was in hopes he would disgorge what he had.

Prisoner's Defence . I was searched and nothing was on me, and my house was searched and nothing was found—there were half-a-dozen work ing in the place as well as me.

NOT GUILTY .

OLD COURT .— Wednesday, April 4 th , 1838.

Third Jury, before Mr. Sergeant Arabin .

940. ATTILIUS SALVADOR was indicted for stealing, on the 10th of February , 12 forks, value 10 l ., the goods of Edwin Pearson, Knt, in the dwelling-house of William Biggs ; the prisoner was also indicted for embezzlement; to both of which he pleaded

GUILTY . Aged.— Transported for Seven Years .

941. GEORGE TAYLOR was indicted for bigamy.

MR. CLARKSON conducted the Prosecution .

JAMES YULE . I knew Rose Hammerton—I only saw her once previous to her marriage—she married the prisoner—I was a witness to the marriage—it was on the 30th of August, 1834, at Trinity church, Marylebone.

Cross-examined by MR. DOANE . Q. Did you see them together after they were married? A. Never—I did not know of their separating.

JOHN WOOD . I am a shoemaker, and live in Regent-street. I know Rose Hammerton—I saw her this morning—she is in Court now.

ELIZABETH MARY GRINSLADE . I live in Kepple-street, Borough. I was married to the prisoner on the 6th of February, this year, at St. An drew's, Holborn—I was aware that he had been married before—I knew that his wife was alive—I was a servant, and had no property—I first be came acquainted with him in August, 1836, but after that he went to France for some months—I preferred this charge against him before the Magistrate—I did not tell the Magistrate that I knew him to be married—the Magistrate did not ask me.

JOHN GEARING ( police-constable G 130.) I took the prisoner into custody, in the parish of St. James, Clerkenwell.

GUILTY . Aged 30.— Confined Six Months .

Before Lord Chief Baron Abinger ,

942. MARIA ANDREWS was indicted for feloniously uttering a false, forged, and counterfeit order for payment of 350 l ., with intent to de fraud William George Prescott , and others, well knowing the same to be forged, and WILLIAM PHILLIPS was indicted as an accessary before the fact.

MESSRS. BODKIN and DOANE conducted the Prosecution .

FRANCIS BORTON . I am clerk and cashier in the banking-house of William George Prescott, Grote, and Co.; there are more than one other partner. On the 21st of February, 1837, this cheque was produced to me, about eleven o'clock in the morning—I believe it was the female prisoner who presented it—I speak from a recollection of her person—Mr. Pearson saw her—I believed it not to be the writing of the drawer—I believed it not to be a genuine cheque—I showed it to the adjoining cashier, and then referred to our signature book, but, that being rather new, it had not the signature in it—I then referred to the pass book of the society, but that is not here—I then took it to a senior clerk, and showed it to him, and then showed it to Mr. Prescott, and, after some hesitation, he gave me instructions to pay it—I paid it in notes, 350 l ., to the person who brought it—previous to paying her, Mr. Prescott asked her if her name was Hall—she said no, she re ceived it for Mrs. Hall—he questioned her as to the nature of the cheque, and then requested her to write her name and address on the back of it, which is here now—I suppose she was a quarter of an hour, or longer, in

the banking-house—at that time there was an account open for Charles Lane Treasurer to the West New Jersey Society, by whom the cheque pur ports' to be signed—I saw the female prisoner again in October, in Trafalgar-street, and recognised her at once—I believed her to be the person.

Cross-examined by MR. CLARKSON . Q. You had seen nothing of her from February to October? A. No—I do not positively say she is the woman.

THOMAS PEARSON . I am clerk to Prescott and Co. I was in attendance at the counter on the 21st of February, last year—I remember this cheque being presented for payment to Mr. Borton—my attention was called the person who paid it—I believe the female prisoner to be the person—the was some hesitation about paying it, which induced me to pay more an ordinary attention to the person—she was a quarter of an hour or twenty minutes under my view—when she left the banking-house after it was paid—I followed her into the street, my attention was attracted by her being very much like a relation of mine—I saw her again in October, and was confirmed in my opinion that she was the same person—I think is the same person—I will not swear to her positively, but I believe her to be the person—I saw her writing, but I was not very near her.

Cross-examined. Q. Do you see a great many people who present cheques in a day? A. Yes—my attention was not called to the person for eight months.

CHARLES LANE . I am treasurer to the West New Jersey Society, and have been so some years. I did not write any cheque for£350 on Pres cott on the 20th of February—I had an account there—this cheque is not my handwriting—when it was presented to my notice I came from Oxford shire, where I live—I found there was no such, person as Mr. Hall, in Mount-street, Grosvenor-square, which is endorsed on the cheque—I can have no hesitation in saying I did not draw this cheque—I draw but seven in the course of the year.

WILLIAM WHITESIDE . I am a solicitor, and live in Lincoln's Inn-fields. I succeeded Mr. Lane in business—the business of the New Jersey Society was still continued in the office—the male prisoner was my clerk in February, 1837—the cheque-book used for the Society was kept in an iron chest, in my room—the prisoner would have access to that room—there are very few cheques drawn on account of the Society—I have not missed any blank cheques from the Society's cheque-book—I keep a partnership account at Prescott's, and have missed from my cheque-book several cheques, which have been cut from the end of the book—that book was usually locked up, but during the day was frequently in the drawer of the table at which I sat, which drawer was open all day—the prisoner had the opportunity of getting at the book, if he chose—he could have access to both cheque-books, as the iron chest was also open—I have compared the cheque in question with the remaining part of a cheque cut from the end of this partnership-book, and it exactly corresponds with the lines through which it is cut—I entertain no doubt of its having been taken from that book—the prisoner was absent from the office the whole of the 20th of February, and part of the 21st, without my permission—I saw him in the office in the middle of the day on the 21st, not before one o'clock, and he was in liquor—he was discharged from my office in consequence of his absence, and left me on the following Saturday—I was not aware where he lived at the time.

Cross-examined by MR. PHILLIPS . Q. How many clerks had you? A. Three writing clerks and one managing clerk, but he is a solicitor himself

—there were three besides the prisoner—one of them has since left—the managing clerk and one of the others is still with me, and the other was at my office a few days ago.

WILLIAM HAYDON . I am a haberdasher, and live in Newington-cause-way. I am owner of the house No. 99, Trafalgar-street, Walworth—the male prisoner came to me about the 8th or 9th of March, 1837, to take the house—he said his name was William Andrews—I did not see the fe male prisoner that day—I saw her about a fortnight afterwards in the house No. 99, living there with the male prisoner—I was in the habit it calling there weekly for the rent—I did not see the male prisoner when I called, but saw her—she mostly paid the rent—I never saw the male pri soner there, that I know of—the male prisoner did not say who the female prisoner was—I never saw him in her presence.

COURT . Q. When he took the house did he say what his family con sisted of? A. He said his family was small—the rent was paid weekly up to January this year—the male prisoner has sometimes called at my house and paid it when I have not received it on the Monday, but I there saw him at the house.

NOT GUILTY .

943. WILLIAM PHILLIPS was again indicted for feloniously forgoing an order for the payment of 310 l ., with intent to defraud James Whatmas Bosanquet and others; seven other counts varying the charge.

MESSRS. BODKIN and DOANE conducted the Prosecution .

JOHN FRYER . I am clerk in the banking-house of James Whatman Bosanquet, and Co.—there are three partners. On the 17th of January this cheque for 310 l ., drawn by Kerslake and Co., was presented to me it payment—I do not know who presented it—the person first paid in a cheque for 284 l . 10 s ., on Dixon and Brook, to the credit of Kerslake and Co., and then presented this cheque, drawn by Kerslake and Co., for pay ment—I recollect the transaction, and am sure it was the same personal—he never moved from the counter—I paid him the amount, 310 l —there were but two persons at the counter at the time.

WILLIAM BELTON CREALOCK . I am a solicitor, in partnership with Mr. Karslake, and carry on business in Regent-street. The prisoner was in our employ as clerk from the 1st of January, 1832, down to the 15th of August, 1835—at that time we kept a cash account at Bosanquet's—I was in the habit of drawing cheques on account of office business, and sending them by clerks, and I was also in the habit of paying in drafts which I received on other banks—we generally paid in and presented drafts at the same time, if we had occasion, as we lived at some distance from the bankers—the prisoner would have the opportunity of knowing that prac tice—in July, 1835, I received a letter from Griffiths Jones, of Welsh Pool—I had before that spoken to the prisoner about his irregular attend ance, and he said if he did not give satisfaction he had better go, and I said he had—I afterwards received this letter from Welsh Pool, to which I wrote an answer, and gave it to the prisoner to take a copy of by the machine—after making the copy he brought it to me himself—he had no authority from me to make a second copy—he never told me that he had done so—( looking at two sheets of paper )—these appear to be copies of the two first sheets of the same letter—they were no doubt made the ma chine—the signature I use in drawing drafts on bankers correspond gene rally

with the signature I use in signing letters—( looking at the cheque )—this certainly not my writing, nor my partner's—it is a very bad imita tion—I did not authorise that cheque to be drawn—the signature to this copy of the letter is my hand-writing—the signature to the cheque is cer tainly like the signature to the copy of the letter, particularly in the K—Kerslake—it is seldom I make such a K, and the cheque and letter corres pound in that particular—I never authorised this cheque on Dixon and Brooks to be paid into Bosanquet's on my account—I believe the words "One hundred and eighty" and the signature James Smith in that cheque to be the prisoner's hand-writing—they bear the strongest mark of his hand writing; but I should say all the cheque is his hand-writing decidedly—he was three years and a half in our office, and I saw him write almost very day—I believe the whole cheque to be his writing, but this portion more strongly than the rest—the figures of the year 1838 on this 310 l . cheque I should say are his figures—it is an imitation of my own hand writing throughout—the character is not like the characters, of the prisoner's ting.

HENRY KARSLAKE . I am a partner of Mr. Crealock's. This cheque is not my hand-writing—I never authorised any body to draw it.

RICHARD MULLINS . I am clerk to Kerlake and Co., and have been so rather more than five years—the prisoner was there when I first went—I have seen him write many times—I believe the whole of this cheque on Dixon and Co. to be his hand-writing, except the words "not known," written in the corner—the figures 38, in the cheque in question are like the prisoner's ordinary writing, and the 16 in the January—the rest is an imitation of Mr. Crealock's writing—I believe the figures I have named are the prisoner's hand-writing.

COURT . Q. Do your employers keep a cheque—book? A. Yes—it is printed cheque.

MATTHEW BAKER . I am clerk to Karslake and Co., and was so when the prisoner was in their employ—I have frequently seen him write—part of this cheque on Dixon strongly bears the characters of the hand-writing of the prisoner, and I believe, from the character, it is his hand-writing—( looking at the cheque )—the 38 in the date of the year, and the 16 in the month, very strongly resemble his ordinary handwriting—I be lieve it to be his hand-writing.

Cross—examined by MR. PHILLIPS . Q. Were you examined before the magistrate? A. No—I believe the whole of the second cheque to be the prisoner's—that is my belief of both cheques.

MR. BODKIN . Q. What is your belief of the 310 l . one? A. That it is the hand-writing of the prisoner—I can see the character of his hand-writing through the whole of it—it is not his ordinary hand, but casting my eye through it, from beginning to end, there is something in the character and style of it, leading me to believe it is his.

COURT . Q. Does it appear a disguised hand, but written by a character which is familiar to you? A. Yes.

MR. CREALOCK re-examined . My cheque-book is usually kept in my drawer, and my partner kept a cheque-book in his room, which was not lacked up—the prisoner would not have had the least difficulty in possess ing himself of blank cheques, if so disposed.

JOSIAH WATHEN . I am a solicitor, and live in Bedford-row. In the latter part of 1836, the prisoner applied for a situation in my office—he

showed me a letter written from Messrs. Karslake and Crealock, which I believe to be this—I have a strong recollection that there was a third sheet to it—I do not recollect whether there was a signature, but I apprehend there was, or I should not have taken notice of it—I read the letter.

JOHN ROE . I am a City officer. I was with Forrester when he appre hended the prisoner in Trafalgar-street, Walworth-road, on the 2nd of February—Forrester had got up to him before me—I got the papers pro duced at No. 1, Clifton-street, Wands worth-road—nothing that the prisoner said took me there.

DANIEL FORRESTER . I am an officer. I accompanied Roe to Wal worth—I saw the prisoner some distance down Trafalgar-street—I followed him, and stopped him when he turned two or three streets—I said, "Your name is Phillips, I believe"—he said, "No, it is not"—I said, "I think it is; if you will step back, here is a person I think will say so"—he denied it—I said, "What is your name?"—he did not give me his name at the time—I said, "The fact is, I believe your name is Phillips, and I shall ar rest you"—on that he said, "You will be careful," and then said his name was Thompson—I told him it was for something that happened at Mr. Whiteside's—he then acknowledged his name was Phillips, and said the reason he had denied it was, that he was in difficulties—I went to No. 99, Trafalgar-street, and found some bills and things there—I afterwards went to No. 1, Clifton-street, Lark-hall-lane—the prisoner was not with me—; I followed a person there—I found an elderly lady there—I searched the place, and found various papers—( looking at the two papers )—I recollect seeing them there, or papers like them—we brought all the papers away, and they were among them.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes—I have not signed any deposition.

JOHN SANKEY . I am owner of the houses Nos. 1, 2, and 3, Cliftone-street—the prisoner took the house, No. 1, on the 21st of May, 1836, and continued to occupy it till the 29th of January, 1838—he took the whole house.

Cross-examined. Q. Were you before the Magistrate? A. No—the prisoner paid his rent punctually at first, but I have had occasion to show him lenity about it.

MR. BODKIN . Q. Did he at any time pay your arrears? A. Yes; on the 29th of January he paid me the arrears—he owed, 6 l . 4 s .

MR. PHILLIPS . Q. Are you aware of his mother receiving a quarterly allowance? A. Yes—he generally paid me at the time of her allowance becoming due.

MR. BODKIN . Q. Was that the case in January? A. I believe she re ceived it on the 10th.

(Mr. Waite, a barrister's clerk; Henry Worth, a solicitor's clerk; and Algernon Sidney Spark, a short-hand writer, deposed to the prisoner's good character.)

GUILTY . Aged 39.— Transported for Life .

944. THOMAS JONES was indicted for a robbery on Elizabeth Rutt on the 5th of March , assaulting her, and taking from her person, and against her will, 1 reticule, value 2 s .; 1 handkerchief, value 3 s .; 1 half-crown, 2 shillings, 1 sixpence, and 3 pence; her goods and monies; and feloniously striking and beating her immediately before, and after the rob bery aforesaid.

ELIZABETH RUTT . On the 5th of March, at eleven o'clock in the fore noon, I walked from Clapton to Hackney, and was going up London-lane—there was nobody in the lane—I was forcibly stopped by somebody coming from behind a wall—he placed his hands on my shoulders, terrified me very much, and took my bag—I resisted for a few moments, but he event ually got it from me—he then stumbled and fell, which prevented his going off so briskly—a man came up, and secured him—the prisoner is the man, I am certain—my bag contained about 4 s ., 6 d . in silver, a handker chief, and some cards—he denied having the bag, but it was found on him—he hurt my hand with my resisting him—the string was round my two fingers, and he got it from me.

Cross-examined by MR. DOANE . Q. Are you married? A. No.

JAMES SMITH . I was going up London-lane, and saw the lady—I saw the prisoner come from behind a brick wall—he caught her by the shoulders and took her reticule out of her hand—I stopped him and took him to the station—it was at eleven o'clock in the morning.

(John Saunders, of Crabtree-row; William Faber, of Bethnal-green; James Goodchild, Mount-street, Bethnal-green; Henry Carfield, Friar's Mount; and Charles Jackson, deposed to the prisoner's good character.)

GUILTY of robbery, but not with violence. Aged 20.

Transported for Ten Years .

Before Lord Chief Baron Abinger .

945. THOMAS JONES was indicted for feloniously breaking and entering the dwelling-house of William Hamper , on the 3rd of March , and stealing therein 11 scarfs, value 1 l . 8 s ., his goods.

WILLIAM HAMPER , Jun. On the night of the 3rd of March, about half-past eight o'clock, I was in my father's shop and heard the glass break—I ran out and found a pane of glass broken—I saw the prisoner running—I followed, and he was stopped by the policeman, with eleven of my father's scarfs in his possession—my father's name is William.

Prisoner. Q. How far was I from the shop when you came out? A. Twice the distance of the Court—he was taken exactly opposite the Rev. Mr. Cotton's house, at the end of Newgate.

JAMES STANTON . On the 3rd of March I was going down Newgate-street, and heard a desperate smash of a window—I turned to the right and saw the prisoner going down the middle of the road, between the carts—I ran and collared him, and took these eleven scarfs from him.

Prisoner's Defence . I heard a cry of "Stop thief," and a window break—I took up the scarfs when the persons had run, and seeing the policeman come across the road I gave him the scarfs—I was not running—the police man tells you he heard the window broken, but he did not see me break it.

JAMES STANTON re-examined . I saw the scarfs in his hand when I saw him running.

WILLIAM HAMPER re-examined . On my coming out the mob said, "That is the man," and I saw the prisoner running.

GUILTY .* Aged.— Confined One Year .

Before Lord Chief Baron Abinger .

946. EDWARD EDWARDS was indicted for stealing, on the 13th of December , at St. Marylebone , 1 bag, value 1 d .; and 15£5 promissory notes, the goods and property of John Bloomfield , in the dwelling-house of Nathaniel Tarr .

JOHN BLOOMFIELD . On the 13th of December, 1836, I was in London—and near one of the bridges a man came across the road, and asked me How beasts sold at Smithfield the day before—it was the show at Smithfield the day before—I told him I did not know, for I had not any to sell—(this was not the prisoner)—he said, "I had, but they were sold badly"—he then said, "Do you know much about London?"—I said, "No, not a great deal; I know enough to find where I want to go"—he said, "I never was in London but once before in my life; if you have no objection, I should like to walk with you"—we walked together, till we came to the top of the Haymarket, and near the corner house, called the Black Horse, he said, "Would you like to take a draught of ale?"—this was between eleven and twelve o'clock in the morning—we went in and had a pint of ale, and the prisoner then came in—he passed us, went round the table, threw himself back, and threw his umbrella on the table—he was dressed in black—I got up, and said, "We are going"—he said, "Oh, gentlemen, I wish you only had the good luck as I have had"—the other man said, "Oh, How is that"—the prisoner said, "Oh, I have done them! I have done them! I have done them!"—the other man said, "What do you met by doing them?"—"Oh," he said, "look here"—he put his hand into his pocket, and pulled out what appeared a handful of notes, and sovereigns mixed with them—he said, "Look here; I have done them"—the other man gave me a jog of the arm, and said he never saw such a fool in his life; to show his notes—I said, "Well, I am going"—he said, "Oh, let us have his story out"—the prisoner had called for some ale—the other man said, "Don't be in a hurry; How did you do them?"—the prisoner said, "I wish every body was as lucky as I am now; I lived with an uncle and a brother, and they treated me very ill; I left them, and lived some distance from them; after some time I came back, and found my uncle was dead; there was an old woman, named Betty Meachan, and she said, 'Oh Teddy, then, you are back again, why don't you go and take the farm your brother is in?' I said, 'I have no business with it;' she said, 'Yes, it belongs to you;' I said, 'I don't think that;' she said, 'Give me 50 l ., and I will tell you How you can get it;' I went to the lawyer's, and had an agreement drawn up that I would give her 50 l . if I got the property; the old woman then told the story How I was to have it, and I said, 'How can that be, when my brother is older than I am?' she said, 'Never mind, your brother was born out of wedlock, and you will gain the property'"—we then came out—the prisoner followed, but before that the man said, "Ayn't there a place called Gardens worth seeing?"—I said, "I suppose you mean the Zoological Gardens, Regent's Park"—we agreed to go there—I had occa sion to call in Old Bond-street, and left my great coat and an umbrella there—I told the gentleman there that two friends were going with me to the Gardens, and I should not be home till night time—I considered them both friends—the prisoner had joined us before I got to Old Bond-street—we walked together, and said very little—when we came to the Regent's Arms, York Terrace, the man I first met proposed to go and have some thing to drink, and we all went in together—refreshment was called for—I said, "I do not think we can go in without a ticket"—I went to the bar, and asked for one, and they gave me a ticket to go in—we sat, chatting , nearly an hour, in the tap-room—at last the prisoner showed his notes again—the other one said. "I suppose he thinks nobody has got money but himself"—he pulled out a pocket-book, and said, "I have got two

£10 notes as well as him; I am not without money"—he said, How careful we ought to be for fear of being robbed about London, and he thought it a good way to mark the notes for fear of being robbed, if we had got any—the prisoner said, "Oh, is that right? well, we had better have them marked"—they accordingly went and got pen and ink brought into the parlour—I had my notes all doubled up close in a little bag inside my shirt next my skin—I pulled them out and a little book to take down the numbers—I had them down by the side of me, and got ready to pull them out, but the prisoner jumped up and stamped on the floor, and said, "Shoot, shoot! if you want to shoot, I have got guns enough at home: I have two or three"—I looked sharp at him—he seemed crazy, and in the mean time while I was looking, my notes were taken by one of them, and the prisoner went out and the other followed him—I went to take up my notes, but instead of them there was a piece of paper doubled up much about the size of my notes—I saw what was the matter, and ran out directly—the Regent's Arms is nearly a corner house—I asked a man if he had seen any body run out—he said a man in top boots had run across into the New-road as hard as he could run—I could see nothing of him, and thought it best to go down to the Bank, where the notes were payable—I told them what had happened, and asked their advice—they said they would stop them, but I did not know the numbers of the notes—I had drawn them from the bank at Hadley, and they took the numbers down—I went to Marylebone office and told them—they wrote a letter and sent to Suffolk to the bankers to know the numbers—I went about for two days to look for the men, but could not find them—I described the men to the landlord of the house, and a short time ago I had a letter to say the prisoner was in custody—I came to town and saw him at Bow-street office, and am sure he is the same per son—I will swear to him—if he did not take my notes, he assisted in tak ing them—he is the man that said, "Shoot, shoot"—I had 75 l . in£5 notes, and I lost them all.

Cross-examined by MR. PAYNE . Q. You have never seen your notes since? A. No—this was in 1836—I had enough to make me sure of the man by losing the money—I have not seen the farming man in top boots since—I am a farmer, and live at Monk Seeley, in Suffolk.

Q. When did you give any intimation that you had money? A. In the Regent's park—I said nothing about it before—the prisoner went out of the house first—I know him by the look of him—I swear positively he is the man.

NATHANIEL TARR . I keep the Regent's Arras, York-terrace. On the 13th of December, I recollect the prosecutor and two men coming into the house—it happened to be my birth-day—they went into the parlour and called for refreshment, which was served them, and in a few minutes after the prosecutor came to the bar and asked for a ticket of admission to the Zoological Gardens, which my daughter-in-law gave him—he took it, and Mrs. Tarr said, "You are very late to-day"—they staid for an hour, and then the two men deliberately walked out of the parlour, and along the passage—one stood at the door with a pipe in his mouth till the other came up to him, but he never turned his face to enable me to identify his features—immediately after the prosecutor came to the bar and said he was robbed of his money, and said, "Which way did he go"—we ran out, but they had made their escape—I had not any opportunity of seeing the prisoner to say whether he was the man.

GUILTY of larceny only. —Aged 50.

First Jury, before Lord Chief Baron Abinger .

947. EDWARD EDWARDS was again indicted for stealing, on the 20th of February , 10 sovereigns, and 1 half-sovereign, the monies of Eras mus Pilling , in the dwelling-house of Edward Smith .

ERASMUS PILLING . I met with the prisoner on the 20th of February, at the Saracen's Head, Snowhill—I had come by coach the day before from Yorkshire—I had been out to leek for a lodging, and had come to the Saracen's Head—the prisoner followed me in in the course of about two mi nutes—I was reading the paper—a young woman was there, who was going to Brignal, Yorkshire, and she was conversing with the guard of the coach she was going with—I said I knew Brignal perfectly well—the pri soner said, "Yes, and I know it perfectly well, I have been there often"—I said, "Indeed! I was not aware I had one of my own countrymen so near me"—he said, "Yes, I am a Yorkshireman"—we got into conversa tion, and conversed about half an hour—at last he said, would I have a walk—I said I had no objection—I went out with him, down Newcastle-street and Farringdon-street, till we came near the Fleet Prison—he then said, "What do you say to a glass of ale?"—I said I had no objection—crossed the street, and went into a public-house on the contrary side of the street, and had a pint of half-and-half, which I paid for—in the course of a few minutes, an old gentleman came in, with a drab top-coat on, and a stick; and he said, in the course of conversation, that he had been having a trial with a brother in town here, and he had won the day—he pulled out a lot of notes—as near as I could judge I took them to be about 200£10 notes—I said to him, "Sir, you will excuse the liberty I am about to take, but I should advise you to keep your money rather more secret, and not hand it out in public company"—he said, "I am not at all afraid, it is my own; it is what I earned at the trial, and I have a right to it"—I said nothing against that, but I said, "You are not, perhaps, aware what kind of com pany you may be in"—he said, oh, he was not at all afraid—I said, "I have no occasion, if you have not"—he said he thought he had met with two friends, would we partake of a glass along with him—I said I had no objection, but he must ask the one on my right, the prisoner, who was a perfect stranger to me—I never saw him before in my life—he said, "Well, what you think proper"—accordingly I said, "Well, I have no objection; if you think proper, I will have a glass of whiskey and water," which we all three partook of—in the course of a short time the other man said again, "Well, I am so glad I have met with two friends"—I said, "You don't know whether they will be friends or not, probably"—"Well," he said, "you appear to be friends, you guarded me against being robbed"—I said, "Yes, I should always wish to do that, because I have heard speak of rob beries in London, though I never was here before, but for a day or two"—he then said, would we go along with him to the Zoological Grardens—I said yes, I did not mind, I should much like to see them—he said he had got a ticket in his pocket, which would admit as many as he thought proper to take—he took it out, and it was half torn in two—he said, "I should much like to see them myself, and if you think proper to go with me I shall be most happy," or some such language—we conversed about something else, I cannot exactly say what just now—he repeated the terms over again that he had met with two friends, and he was so exceedingly glad, and he would treat us to the theatre—nothing had passed about my money then—he had handed his out, but said nothing about mine

—when he said he would treat us to the theatre, I said I did not wish to infringe on his property in that way; if he had got it easily, we would pay each for ourselves—he would not hear of anything of the king, but would treat us—it was fixed that we should go the day after to the theatre—he then said he should like to have a walk, and we went through Farringdon-market, and from one street to another—being a stranger, I did not take particular notice of the names of the streets—we went from one street to another, and so on, till we came to Water-lane—the prisoner went into several houses there, to see, as he said, if there was a fire in the parlour—he came out of several of them again, and said there was no fire—at last, he went into a house, and came out, saying, "There is no fire here, but the landlord will put one in if we go"—accordingly we went in—he then asked if we had any objection to go without a fire—I said, "Not the least"—he asked the old gentleman, and he said he had not the least objection—he went to the counter, and said he would treat us again—we had another glass of whiskey each, which was brought in to us—while the man was lighting the fire, the old gentleman said, "I don't much like whiskey, I will have a glass of gin-and-water," which he had, and paid for the whole of the three—in the course of a few minutes he pulled out his notes again—I again cautioned him about it—he said, "Well, I will take your advice; I will have them placed in my fob, or home secure pocket"—I said, "Yes, do so"—he said, "Have you got any paper in your pocket?"—I said, "I don't know"—I began to feel, when the prisoner brought out a piece of brown paper, and gave it to the old gentleman—he wrapped up the notes, and asked me if I would place them in his fob—I said, "Yes, with pleasure," and I did so—in the course of a few minutes, he said, "Well, as you are a stranger as well as myself, I should advise you to have yours placed in a secure pocket"—accordingly, pulled out my purse, and placed ten sovereigns and a half on the table—the prisoner placed his hand on them, placed them out, and said, "There is ten sovereigns and a half, I think"—I said, "Yes, I am aware of it"—he said he would wrap them up for me, and place them in my pocket—I thought he was doing so—I stood up, and pulled up my waistcoat, for him to place them into my fob, as I thought, and sat down again—in the course of a minute or two, the old man said he must go to the door—he went out, and the prisoner said, "Well, I don't know what our old friend is doing; I will go and see, and bring him back"—accordingly he went, and staid a few minutes—I thought to myself, it was time I should see what they were both doing—I went out, but could see neither of them—I again returned, went into the parlour, and thought to myself, I will see what I have got in my fob now—I put my finger into my fob, and brought out this piece of paper, and looking into it, found five farthings and two halfpence, in place of my ten sovereigns and a half.

Cross-examined by MR. PAYNE . Q. Are you quite sure about the prisoner putting his hand upon the sovereigns? A. I am confident of it—it was not the old gentleman—I can perceive the difference between an old man and a young one—being a countryman, and advising the old man to wrap up his money, I thought it was proper to take the same advice myself—I have never seen my sovereigns since—I am confident they were sovereigns that I laid down on the table—I had not shown them to any one before—I saw the female at the Saracen's Head—she was a servant—I had never seen her before in my life.

JOHN KIRKMAN . I am a policeman. I apprehended the prisoner the 28th of February, on the charge of robbing the prosecutor, from description given of him, and having seen the man before—I followed him from the theatre, which was breaking up, to a public-house in Bow-street where I took him into custody—I found three flash notes upon him.

GEORGE CARTER . I am a waiter at the Saracen's Head. I remember the prosecutor coming there on the 19th of February, by the York coach—he slept at our house, and went out next morning—he came in again, and the prisoner followed him in—I had seen the prisoner before, but did not know him—he had merely come in and looked round, as many people do to see if persons have come by coach, and I thought he did so—when he followed the prosecutor in he asked for a glass of ale, and had the taken off—he sat down, and joined in conversation with the prosecutor about Yorkshire, but what they said I do not know—they went out toge ther—about two o'clock the prosecutor returned, and said this man had robbed him.

Cross-examined. Q. Am I to understand you to swear that you had seen the prisoner come in and look about him, in your tap-room, before the day the prosecutor was there, or since? A. Before—I did not take particular notice of the time, because I did not take particular notice of the man—I am sure it was before, and not after the prosecutor was there.

GUILTY of larceny only. — Transported for Seven Years .

Fourth Jury, before Mr. Recorder .

948. JAMES SMITH was indicted for feloniously assaulting John Thomas Noble , on the 27th of March , and unlawfully and maliciously cut ting and wounding him on his head, with intent to maim and disable him or to do him some grievous bodily harm.

MR. JONES conducted the Prosecution .

JOHN THOMAS NOBLE . I live at Stepney-green. My father is pos sessed of some houses in Lincoln-court, Drury-lane—I collect the rents for him—about a week before Christmas the prisoner applied to me to take a room—I agreed to let it him if he would give me a deposit, which he de clined, and I locked the room again, and said he should not have it—about a fortnight afterwards I went to the house again, and found him in posses sion of a room on the other side of the court—I asked How he came there—he said he did not know—I said I would not let it him without I de posit—he said, "I considered my goods would be a sufficient deposit"—I said, "That will not do; I did not let it to you, and here you shall not remain," and I would fetch a policeman, but as he said his wife was lately confined, I thought I would let it be for a week or two—I did not molest him—he remained there, and never paid me any rent—on my going there on the 27th of March, I asked if he intended to remove, or to hold posses sion in defiance of me—he said he would go when it suited him—I said "Will it suit you in a week, fortnight, a month, or two months?"—he re peated, that he would go when it suited him—I then told him he should go before, for depend upon it he should not remain there—I had not made any motion to remove him—he rose up and seized me by the breast of my waistcoat with both hands, which he tore, forced me over a chair, threw me on the ground, and endeavoured to beat me, but I defended myself, so that he could not do me any material injury—he struck at me, but I de fended myself as I lay on my back, and he did not hurt me seriously—I

could not get up—he held me down, and was over me—he then called to his wife for the poker, and, as she did not give it him, he extricated himself from me, and reached it before I could rise—when I raised my head about two feet from the floor, he struck me in the front of my head with the poker—it had a stunning effect, and having called for help, I saw a young man who was looking at the room—this confused the prisoner, and I was able to escape out of the room—a great quantity of blood came from my head—a policeman came, went up stairs, broke open the door, and took him—he had not got into the room with my father's consent or mine.

Q. Did you take any means by using your hands to remove him before you were struck? A. No; Mr. Smitch, a surgeon, attended me, and dressed my wound.

Prisoner. Q. Did not you come into my room and knock me off my seat? A. No, I did not—I showed him some rooms on the opposite side—I never showed him the room in question, nor saw him in it till I found him there—I might have sent him up to look at it, but I distinctly declined setting him a room without a deposit—I asked him if he would go in a week, a fortnight, a month, or two months; and if he had promised to leave then, I should have communicated with my father, and asked his advice.

Prisoner . The first week he came I owed him 18 d .—he wanted to throw my wife and infant into the street, and brought a policeman up to have me turned out. Witness . I did so after having seen him there, but the policeman refused to act—I did not intend to turn him out, but to take the wife into custody to answer for being there—the policeman refused—I went to the station-house, and they refused assistance—I went to a Magis trate, and he said he was very sorry, but he had no power to interfere—I did not go near the prisoner for two or three months after.

Prisoner . He told me to look at the room, and take it if I gave him a deposit, and said he would give me a lock and key as soon as I had got my things in it. Witness . I never did—I did not apply for any rent when I found him there with his wife confined in it—he has said he would pay me, but I always said, "I will not have your rent, you came without my leave, and I will have you out"—he never produced any money—the rooms are generally locked, but at times a lock it broken, and he might have found it open.

COURT . Q. If you sent him up to look at it and it was locked, How could he get there?" A. If I did I must have given him the key, but I do not recollect sending him at all to look at it—I am quite sure I refused him as a tenant, on his not agreeing to make a deposit.

CHARLES OSBORN . I live in Lincoln-court. The prisoner was living on the third floor back-room—I was living underneath on the second floor—on the 27th of March I heard a scuffle up above stairs—I ran up, and saw the prisoner and prosecutor scuffling together on the floor—the prose cutor was undermost—the prisoner forced himself away from the prosecu tor, went on the other side of the room, brought something in his hand, and struck the prosecutor a violent blow on the head—the blood gushed out directly—I went down stairs to give an alarm, and the prisoner seeing me on the stairs, the prosecutor had time to get up and run down stairs—he sent for a policeman, who came and took the prisoner—I saw him strike the blow, but what it was with I cannot say—it had the appearance of something dark—I ran down stairs, and the prosecutor got up and ran out.

Prisoner . This is a curious character—he is never in till three or four o'clock in the morning—why not go to Bow-street with the prosecutor! Witness . I did not know it was fit I should go till the gentleman came next day and asked me to go—I said I would, but did not wish to go without being asked—I was never in the House of Correction—sometimes I am out till eleven and sometimes till twelve o'clock—I was never taken up for picking pockets—my wife sells matches at times—I was never take up on suspicion of stealing anything—I did not tell your wife that I never saw or heard any thing of this.

WILLIAM CROSS . I am a policeman. I was called in on the 27th of March to take the prisoner—the door was fast—I requested him to open it—he said he would not—I said I was an officer—he said, "I don't came who you are, I will not open the door for you nor anybody"—I broke it open, and took him into custody—I found this poker in the room—it is an iron bolt—the prosecutor's face was covered with blood, which was falling from his face—I observed a wound in his head—I took the prisoner in about twenty minutes afterwards, before the Magistrate—there was no time to look for any witnesses—the prosecutor appeared seriously injured.

Prisoner. Q. Did you ever have the last witness in custody? A. Never—I never saw him to my knowledge.

CHARLES JAMES SMITCH . I am a surgeon to the police-force. I was called on to attend Noble, on the 27th of March—I found him with a deep lacerated wound in the scalp, about two inches in length, and it penetrated to the bone—it was on the forehead—considerable force must have been used to inflict such a wound—an instrument of this kind is very likely to have occasioned such a wound—the skin was broken—I did not consider that any danger was likely to arise—the bone underneath was not injured—that part of the head is exceedingly thick—a blow on the top of the head would be attended with much more serious consequence—I should think it was a single blow.

Prisoner's Defence . I asked him what he objected to me for—he said he would have me out, and knocked me off my seat—I had a knife in my hand, which I threw away—I got up, and he shoved me into my bed—I called out to him, "Noble, Noble, you will kill my child"—he said "Take your child away, I don't care"—I then struck him, and he fell with his face against the corner of a box or broken chair, which he had broken himself in the scuffle.

MART REARDON . I live in Lincoln-court—my husband is a bootmaker. I have known the prisoner going on for two years—he bore a very good character.

MR. JONES . Q. What number in Lincoln-court do you live at? A. No. 9, in the same room as the prisoner—I pass as his wife—I am not so—I was there on the 27th of March, when Mr. Noble came.

COURT . Q. Did the prisoner strike the prosecutor? A. No, not that I saw—the prosecutor struck him first—he received the blow on his head by falling over the box—they both fell into the bed on the floor together over the box, in the scuffle, and he got the wound by the edge of the box, as far as I can think—we had this iron in the room, but he never took it in his hand while the prosecutor was in the room, nor any other weapon.

MR. SMITCH re-examined . I think it very improbable for the wound to be produced by the edge of a box—it is far more probable to be produced by an instrument of this kind—I examined the wound very particularly.

GUILTY of an assault only. — Confined Two Years .

949. CALEB JACKSON BRISTOLL was indicted for stealing, on he 12th of February , 24 rings, value 14 l .; 9 snaps, value 1 l .; 1 neck chain and locket, value 1 l .; 1 work-box, value 1 l . 10 s .; 16 ear-rings, value 1 l .; 1 pair of ear-rings, value 10 s .; 24oz. weight of coral, value 9 l .; pencil-cases, value 3 l .; 36 thimbles, value 2 l .; 2 breast-pins, value 5 l .; and 13 sovereigns; the goods and monies of Thomas Bristoll , in his dwvelling-house; and burglariously breaking out of the same about the hour of two in the night of the same day.

THOMAS BRISTOLL . I am an engraver, and live in King William-street, West Strand. I occupy the whole house—my family consisted of my wife, two female children, and the prisoner—we occupied the drawing-rooms of the house, and slept in the front attic—the prisoner slept in the back attic—the partition between the two rooms is lath and plaster on both sides—on the night of the 12th of February I went to bed, after fastening the street door, and seeing all safe in the house, and also seeing that the prisoner was safe in his room—I had two bolts placed outside his door, to keep him in the night, in consequence of his being addicted to thieving—in the morning I was awoke by the barking of a dog, and, fancying I heard somebody in the room, I got out of bed, and found my bed-room door opened, which I had fastened inside overnight—I then thought I heard somebody go down stairs, and on going down myself I heard one bolt after the other of the street door drawn back, and the door open—I went down as fast as I could, and found it wide open—I was in my shirt—I thought it was some stranger had got into the house—I shut the door, and went up stairs to discover whether any thing was missing—it was between five and o'clock in the morning, and quite dark—I am certain it was before six o'clock—I got a light, and discovered a box, in which I used to keep some jewellery, had been broken open—that box was placed under my bed, and a great quantity of articles were taken away—I then discovered that I had lost from my trowsers pocket a purse, containing thirteen sovereigns and some silver—I called in a policeman, and called the prisoner's name, but got no answer—I withdrew the bolt of his door, which was still fastened, and tried to get in, but the bed had been removed from its place, so that the door would hardly open—I was obliged to push bed and door to get in—I then discovered his jacket, waistcoat, shoes, and cap, but he was gone—on look ing behind the bed, in the corner where it usually stood, there were two holes, one sufficiently large to admit him through into my bed-room—I also found a saw, all over whitening, from the wall, and a loaded pistol on the table—on turning up his bed, between the bed and sacking I found a great many articles which had been taken from the box which was broken open—we then searched the inside of the bed, and found a quantity of coral beads, and some other articles—I gave information to the police—I missed a number of pencil-cases, four diamond rings, and some other things—I had seen the rings and pencil-cases safe about a week or ten days before—the box was all safe then, and the things all right in it—there was no way of getting from his room except through the window or the hole in the wall—there was no way of getting into my room except through the hole in the wall—I have not found any of the property—I saw nothing of the prisoner till he apprehended at Liverpool—I saw him again last Saturday week—I do not know any of his acquaintances or friends.

Prisoner . There is a boy I know who came to me at a place where I went—he used to watch me to our place—at last he said he had no place to

sleep in, and would I let him in, as his father and mother had turned him out—I said I would give him a night's lodging; and in the night he was groping about the place—I asked what he was doing—he had a pistol in his hand, and said, "If you don't hold your noise I will blow your brains out"—he jumped on my breast, and said, "If you don't tell me where your father and mother keep their money I will blow your brains out"—I said I did not know, but he had received some money, and he generally carried it in his pocket; that I was as much in want of money as him, but never could get any, and the door was fastened, and I could not get in—he had some tools about him—he pulled them out, and pulled a great piece of mortar out—when my father went down stairs, he said, "Who is that?"—I said, "My father," and it was then he got up and said he would blow my brains out if I did not tell him—we made the hole that night, and got ready—we were watch ing all night to get ready—he asked me if my father had any jewellery—I told him where the box was—he broke it open, took the things, and put then into the bed—I was trembling like a leaf, and I dared not tell my father—the next night he came again, but I dared not tell my father—I let him in and he took all the money away—he told me to come with him—I knew if I stopped at home I should get all the blame of it—I went to Liverpool with him—I was taken up by a policeman, and he ran away—he gave me four sovereigns, and a pair of pistols which he had with him, and said that would do well for my share—I was going to get bound for a ship there.

EMANUEL FELSTEAD ( police-constable F 80.) On Tuesday morning, the 13th of February, I was called into the prosecutor's house, and found a variety of articles between the bed and bedstead in the attic, also some cases of jewellery, a loaded pistol on the table, and a saw—I have the ar ticles here.

THOMAS POCOCK ( police-constable F 38.) I took possession of these articles.

JOSEPH SHACKELL . I am an officer of Bow-street. On Thursday morning, the 22nd of March, I found the prisoner in the Bridewell, at Liverpool—he was delivered up to me on this charge—I informed him who I was, and that I was going to take him to London—he asked me whether his father intended to transport him—I said I did not know—he said he had been trying to get rid of him for the last four years, and now he had an opportunity of doing so—he said he had let a boy named Reynolds into the house two nights—that he concealed him the first night, then took him up stairs and concealed him under the bed—that the night before he stole the jewellery, and put it under the bed, and the night before the boy brought a skeleton key and auger—that they staid till his father came home in the morning, which was about one o'clock, and when they thought his father was asleep, they crept through the hole and picked his pocket of the sovereigns, and then the dog barking, awoke his father, and they had just time to escape from the house—that on the road to Birmingham they bought the pair of pistols which were found on him—he said Reynolds had brought the pistol to the bed-room, which was found there—I have made inquiry, but cannot find that there is such a boy as Reynolds—here are some necklaces, rings, neck-chains, work-box, and ear-rings of coral—the pencil-cases have not been found, nor the thimbles or money—he told me 4 l . and some silver had been found on him when he was first appre hended, which was returned when he was discharged, and he had spent it before he was taken again.

THOMAS BRISTOLL re-examined . My house is in the parish of St. Mar tin's-in-the-Fields—we occupied the whole house then—I am sure it was not six o'clock when he went out—I did not hear the steps of any second person, nor were there any traces of a second person having been there—I do not know where my son could have procured the pistol—I generally fastened him in his room between half-past nine and ten o'clock—he was generally in his room an hour before the family went to bed—I went to bed before twelve o'clock, and Mrs. Bristoll went to bed nearly an hour before—I think whatever happened to the box must have been previous to either of us going to bed—his bed would conceal the aperture in the wall on his side and my bed would hide it in my room—the hole came underneath the bed—the wall is six or seven inches thick—I have one other son younger than him—I have every reason to believe a boy went down to Liverpool with him, but I am almost sure no second person was in my house—the prisoner has had great opportunities of education—he has been to school since he was an infant up to fourteen years old—he had been at home six months when this happened—I set him down to learn my business.

Prisoner . My father knows every night I came in, I was generally searched, and I was always in bad company. Witness . Sometimes he was searched, but it was very seldom—I did every thing I possibly could to keep him out of bad company—I was obliged when he was only nine years old to send him down to Yorkshire to keep him out of the streets, but when he came back he was quite as bad as before, and considerably more daring.

Prisoner . The dog would not bark at me, because I was always his friend. Witness . The dog frequently barked when I came up stairs late at night—I believe it would bark if anybody in the middle of the night opened a door.

( Properly produced and sworn to .)

GUILTY .* Aged 16.— Transported for Life .

950. GEORGE POULTNEY was indicted for burglariously break ing and entering the dwelling-house of Henry Peyton , about the hour of ten in the night of the 29th of March , at St. Nicholas Acons , with intent to steal, and stealing therein, 4 pairs of boots, value 2 l .; and 9 pairs of shoes, value 5 l .; the goods of the said Henry Peyton.

HENRY PEYTON . I live in King William-street, City, in the parish of St. Nicholas Acons. On Thursday night last, shortly before ten o'clock, (I am sure it was after nine o'clock,) I saw four pairs of boots and nine pairs of shoes packed in a bag, ready to be taken from the house—I occupy the whole house—I was not present at the time.

JOSEPH HENRY ELLIS . I am in the prosecutor's service. On Thurs day evening, the 29th of March, I went out of the shop on a message, and returned about twenty minutes to ten o'clock—the shop was then shut up—I tried the door and it was fast, and I went on my way home—a short distance from ray master's shop I met somebody, in consequence of which I turned back and passed the shop, and stopped talking to him for about a minute—I saw the prisoner at my master's door—I saw him stoop down to the lock, which you must stoop to undo, and use both hands at the same time—you cannot open it except you hold it, and use the key at the same time—he stooped as if he was opening the door—he opened it, and went in—I then ran to the door and rapped—I received no answer the first

time—I knocked a second time, and the prisoner opened the door to me—I immediately asked him if Mr. Peyton was at home—he said, no, he was not—I asked him where he was—he said, "Round the corner"—I asked him who he was, what was his business, and who had sent him—(I had a strong suspicion, because the night previous the house had been tried)—he said Mr. Peyton had sent him—I told him he must be wrong, and he must please to stop there till Mr. Peyton came and released him—he did not appear to know me—he said I need not alarm myself, that Mr. Pey ton's young man had sent him as well—I then said to him, "I am his young man, and I am sure I have not sent you"—that caused him to be frightened—he made a rush forward—I had got hold of him by the coat—he struck me a violent blow on the head, and ran away—I followed him—I saw him put his right hand back, and pull something out of his pocket, which I thought to be a life preserver—he immediately struck me on the hat, above the head—he happened to hit the soft part of the hat, not the part next my head—I still followed him, and cried out "Stop thief"—a watchman ran off the pavement, and endeavoured to stop him in the middle of the road, and he knocked him down—another young man rushed for ward directly and stopped him, and as soon as I saw him encountered with another, I rushed forward and helped to secure him, and he was given into custody—I afterwards returned to my master's shop, and found some shoes and cloth boots on the floor—some were packed in a bag lying on the floor—they were removed from their proper places of deposit in the shop—the bag did not belong to my master—there was a second bag lying close by it.

Cross-examined by MR. PAYNE . Q. How long before you came back and tried the door had you been in the shop yourself? A. I left it exactly at nine o'clock—I had no watch, but I heard the clock strike—I was about half a dozen yards from the door, speaking to my friend, when I saw the prisoner stooping down—there were people passing and re passing—I do not know that what he had was a life-preserver—it was not what is termed one, it is a different thing—it was picked up—the constable called it a Jemmy— this is it—( looking at it )—the boots and shoes were not on the floor when I left the shop—they were all in their proper places—I cannot say I noticed them particularly, but they were not on the floor—the door was open when I went out—the shop was not shut then—I left Mr. Pey ton, jun., and Mr. Peyton, sen., in the shop—I tried the door when I came back, and went away after trying it—my friend was not with me when I tried the door—I remained with him about a minute—he was in a situation to see what I saw—the gas was alight in the shop, and it shone beautifully—the prisoner opened the door very quickly—he was stooping down to the key-hole to open it—he got in before me, but I was very near catching hold of his coat as he was going in.

JOHN GENESE . I met Ellis in King William-street—he called my at tention to his master's house—I saw the prisoner go up to the house, and deliberately put the key into the shop-door, open it, and go in, and he shut the door immediately.

Cross-examined. Q. How far off were you? A. About four yards from the shop—Ellis turned round and looked in the same direction as me, and saw him just opening the door—I was talking to Ellis—we were going in a direction of the bridge, walking very slowly—from the manner he went in I thought he must belong to the place—his back was not to me—I saw his side face.

HENRY JOTCE . I was in King William-street, between nine and ten o'clock on Thursday night—I heard a cry of "Stop thief," and stopped the prisoner in consequence—he was running—a watchman came up and received him into custody—Ellis came up also.

Cross-examined. Q. Do you know Mr. Peyton's shop? A. Yes—I stopped him about fifty yards from there—I am sure I stopped the same person as the watchman took—I held him till Ellis came—he resisted very much.

JOSEPH CAFFYN . I am a butcher, and live in Bermondsey-street. I was passing by Mr. Peyton's shop—as I got up to the door I heard Ellis say to the prisoner, "You must stop here till Mr. Peyton comes to release you—at that time he had hold of the prisoner by the coat—he rushed forward and struck Ellis on the side of the head with his fist, and ran off—I ran after him, calling "Stop thief," and he was stopped by a young man—the prisoner was inside the door when I first saw him—I saw him stop ped by Joyce.

Cross-examined. Q. Did not you lose sight of him till you saw him stopped? A. No, I did not—I am sure it was the prisoner—I saw him just inside the shop door—he was stopped close to the railing of the bank ing-house.

JOSIAH EVANS . I am a street-keeper. The prisoner was brought to the watch-house in Candlewick Ward—I found in his pocket a key—I afterwards found this crow-bar in the railing near the door of Sanderson and Co., Bankers, in King William-street—I applied the key found on the prisoner to Mr. Peyton's shop door, and it opened it easily.

HENRY EYTON re-examined . I had not sent the prisoner to my house—I never recollect seeing him before he was in custody.

Cross-examined. Q. Do you occupy the house? A. Yes—my father is the only person who sleeps there—the shop was closed about nine o'clock—he goes to the West-end generally, to my brother's, and returns about twelve o'clock—the house is left during that time—the boots and shoes are mine—they had been taken off the shelves and deposited in the bag—my father acts in the shop for me—he is not a partner—I pay him a weekly salary.

(Stephen Stiles, carpenter, Kingsland-road; William John Hagan, Ed ward-street, Kingsland-road; and Magdalen Scott, No. 1, Edward-street, Commercial-road; deposed to the prisoner's good character.)

GUILTY . Aged 28.— Transported for Ten Years .

951. ROBERT LOFTHOUSE , THOMAS LEONARD , and ELI ZABETH LEONARD were indicted for feloniously breaking and enter ing the warehouse of Caleb Pizzie , at St. Luke's , with intent to steal, and stealing therein, 960 sheets of wadding, value 10 l .; 221lbs. weight of cot ton, value 4 l . 4 s .; 4 bags, value 2 s .; and 2 baskets, value 1 l .; his goods.

CALEB PIZZIE . I keep a wadding and cotton warehouse at No. 32, Bunhill-row, St. Luke's. On the 23rd of February, about eight o'clock in the morning, I received information from one of my servants, and immedi ately went to the warehouse—I found the door forced open, and missed about seven gross of wadding, about 2cwt. of cotton, and two baskets, worth, together, 15 l .—the baskets were found on the premises, but they were moved from their place.

WILLIAM HARDICK . I am in the employ of the prosecutor, at his ma nufactory

in Coleman-street, leading out of Bunhill-row—it is a wadding manufactory. On Friday, the 23rd of February, I shut up manufac tory, and locked it—I put the key into my pocket, and took it home with me—I went next morning about eight o'clock—I found the bolt of the lock locked—it was shut close—I turned the key, and it undid it as if it had been locked as usual—I saw no marks of any force—I thought I was opening it in the ordinary way—I went into the store-room, and missed some wadding, which had been safe the night before—I also missed four bags of cotton—I have since seen some wadding at the station-house, which I know.

SAMUEL PINKINS . I am a traveller, and live in Tenter-street, Spital-fields. On Friday afternoon, the 23rd of February, the three prisoners came to my house, and engaged a room on the ground floor—Elizabeth Leonard said she would come in the afternoon and take it, as she was waiting for a person from the London Dock—she said she must come in that night—I asked her for a deposit—she said, "I cannot leave any deposit at present, till I hear from my friend in the Dock, who leaves at four o'clock"—she did not come again till nine o'clock at night, she then said, "I am come at last, the rain kept me back"—the two male prisoners were with her—they had a porter with them, who brought some baskets of wadding, and put it into the room—they all went out again about a quarter after nine o'clock—Lofthouse and the woman came back—Thomas Leonard had stopped at the place—the woman said it was a very wet night which was the reason she had moved her goods so late—she said she would make my room glitter with china and beautiful furniture, which she was going to bring on Monday morning—I went with her and Lofthouse to a public-house, and they gave me some porter, and then went away—next morning (Saturday) I heard a knock at the door, and found Lofthouse and Thomas Leonard—Lofthouse unlocked the room and went in, and was there an hour and a half—I then heard the door go, and he was gone—on the Sunday the officers came to my house, and took away the cotton, which the prisoners had brought there.

Lofthouse. Q. Did not I take the room for myself? A. The woman took the room, and asked you if you liked it—you said, "If you like it, I am satisfied"—I asked for a deposit, and you said you could not give me any, because you had no money, but when you sent in some of the wadding, you would give me a deposit, when you could sell your goods—you were all three together when the porter brought in the goods—you took one of the baskets away yourself, and left me with the porter—I saw the porter leave one, and know there were two.

Elizabeth Leonard. Q. Did I take the room? A. Of course you did—you came twice, and was there when the goods were brought—Thomas Leonard only came once.

Q. Did the policeman tell you you would get 3 s . 6 d . a day for coming here, when you asked for the rent of the room? A. No—he said nothing of the kind—he did not say, "Nevermind a half-crown, you fool, you will get 3 s . 6 d . a day up here," nor any thing of the kind.

GEORGE HYATT . I live in Hooper-street, Clerkenwell, and am a trimming-manufacturer. I have a workshop over Mr. Pizzie's warehouse—on Friday evening, the 23rd of February, between nine and ten o'clock, as I came out of the door of my workshop, I saw the prisoner Thomas

Leonard at the prosecutor's door—he had two large baskets, which I have since seen at the office—I am quite sure it was him—it being a rainy night, I round to ask him if he would put the baskets into my place, but seeing him open the door with a key, I did not say any thing to him—people who have the prosecutor's baskets often put them into my place—I saw him open the door—I did not wait to see him enter—I believe he had a key—his hand was up at the keyhole—I saw nobody else.

THOMAS SEAL ( police-constable G 16.) On Saturday, the 24th of February, I examined the outer door of the prosecutor's factory, about eleven o'clock—I observed marks on the door and door-post—the box of the lock was forced completely off, and hanging by the bottom screw—I appre hended Lofthouse and Thomas Leonard that afternoon, at No. 104, Went-worth-street, Whitechapel, and I apprehended Elizabeth Leonard next day at the same place—I went to Pinkin's house, and found on the ground-floor 960 odd sheets of wadding, and some quantity of loose cotton—I produce part of the wadding as a sample—there were no baskets there—I should say the wadding I found would more than fill two baskets.

GEORGE WILLIAM BALL ( police-constable G 226.) On Sunday, the 25th of February, I went to Wentworth-street, Whitechapel, and saw Elisabeth Leonard, in a room at No. 104 or No. 106—there were two other women with her—I heard her say to one of them, "If you will give me a shilling, I will take you and give you a dozen of wadding, but you must be very careful, and wrap them up in your apron, so that they shall not be seen"—the door was ajar—this was before they knew I was there—I went in, and took her into custody—the woman answered her, "Take and tell where the waddings are deposited, and clear my husband, for I How he is innocent"—that woman is below now, her name is Bowers.

Elizabeth Leonard . The two dozen waddings were in the room when the policeman came, and they were bought by Thomas Leonard, of the prosecutor—he sells wadding—the prosecutor ordered the policeman to fetch them, and I said to the woman, "If you will go and give me a shilling to pay the landlord, as he wanted to detain them for rent, I will give you the wadding, and you can sell it." Witness . What she is talking of was on the 23rd—it is on the 25th I am speaking of—I found a bundle of wadding in the room, but not two dozen.

Elizabeth Leonard . We are all wadding-makers—I kept a factory of my own once, and one of my boys put the prosecutor into business—I know nothing of his wadding at all—Lofthouse told me to go into the room, but I never knew where the wadding came from.

CALEB PIZZIE re-examined . The prisoner, Thomas Leonard, did not work for meat any time—he occasionally bought a few waddings of me—I never knew Elizabeth Leonard before she was taken into custody—I did not know she had a brother—they have bought a few goods of me to sell—I knew nothing of the female prisoner till she was in custody—the wadding which was taken away was much more than Thomas Leonard could carry at once—it would require a strong man four times to carry them.

Thomas Leonard . I bought four dozen of black waddings that day for 5 s —the day being wet I could not sell them, and I took them home—next morning I sold two dozen of them, and was going to pay him for them when the policeman took me.

ROBERT BACKHOUSE ( police-constable H 92.) I was near the cells where the prisoners were waiting for examination—I first of all heard a

knocking at the partition between the two cells, and heard the female prisoner call on Bob several times—Lofthouse answered, "Halloo," and she said, "Remember, you know nothing about the key, or the wedding"—he said, "Hold your tongue, you b—y fool, you know nothing about it either"—she said, "Old Pizzie says he has got all his wadding"—he said, "He is a b—y liar."

Elizabeth Leonard . I was talking to my brother John, not to Lofthouse—I said, "Pizzie says he has got his waddings," and he said, "There is several dozens of mine among them"—this policeman has come for his 2 s . a day—I knew his brother among the "white boys," and he was nearly hung for murder.

Lofthouse . Is it likely among fifteen or sixteen he should know my voice?—there was no such thing mentioned—nobody spoke to any of the women.

Elizabeth Leonard . The waddings never could be moved by five or six men—I saw a policeman moving them at first, and he has been dismissed from the force since—I am well aware some of the police have been con cerned in it—it could not have gone along all that distance without being seen by the police—I know nothing about it—I lost 11, 000 l . by waddings in seven years, and have had enough of them—I have lived fifteen years in the neighbourhood of Whitechapel—I have been in a madhouse, and what the policeman did not rob me of I lost, but the present policemen know nothing of me.

GEORGE HYATT re-examined . ( Looking at the baskets )—These are the baskets I saw the prisoner, Thomas Leonard, with—he was not carrying them—they were down on the ground, close to the door.

CALEB PIZZIE re-examined . These are my baskets—they were left on my premises the following morning, and were very wet, and so were the papers inside, as if they had been out in the rain, and the cords were very wet.

SAMUEL PINKINS re-examined . The wadding was brought into my pre mises in baskets, such as these—I did not know what it was when it first came—I thought it was crockery—the porter, who was with them, carried the baskets away—they all three went away together, the first time, with the baskets, after emptying them; and then Lofthouse, and the female prisoner, came a second time, with the baskets again—Thomas Leoanrd was not with them then.

Lofthouse . He was ill in bed when I was there, and he did not see me at all. Witness . I opened the door and let you in, and then went to bed again.

Elizabeth Leonard . I lived in the neighbourhood and saw them with the baskets, and there was a policeman with them, who has since been dis missed from the force, and I could not conceive there was any thing wrong in it.

THOMAS SEAL re-examined . On the morning after the robbery, another brother of Lofthouse-came to Mr. Pizzie's, and I had reason to conceive he was concerned in the robbery—I had reason to understand he was drinking with a policeman on the beat, and that policeman was dis missed.

(The prisoner Thomas Leonard received a good character.)

LOFTHOUSE *— GUILTY . Aged 24.

ELIZABETH LEONARD *— GUILTY . Aged 30.

Transported for Ten Years .

THOMAS LEONARD — GUILTY . Aged 14.— Confined Six Months .

NEW COURT .— Wednesday, April 4 th , 1838.

before Mr. Common Sergeant .

952. MARTHA JEFFREYS was indicted for stealing, on the 5th of March , 5 pencil-cases, value 11 s .; 1 brush, value 6 d .; 4 lead pencils, value 3 d .; and 1 printed book, value 3 d .; the goods of Edward Wallis , her master.

EDWARD WALLIS . I live in High-street, Islington, and am a jeweller. I lost these articles—the officer is not here with them.

( THOMAS HOBBS KING , police-serjeant, being called on his recognizance did tot answer.)

NOT GUILTY .

953. SAMUEL SIMONDS was indicted for stealing, on the 5th of March 3 spoons, value 2 l . 18 s .; and 3 printed books, value 1 l . 4 s .; the goods of Jonas Levy , his master.

JONAS LEVY . I live in Prescott-street. The prisoner was my errand boy about a month—he left me without notice on the 5th of March—I missed these articles the same afternoon.

SAMUEL MATTHEWS . I am a pawnbroker and live at Romford. The prisoner brought this gravy-spoon to my shop to pledge on Wednesday, the 7th of March—I asked what he wanted—he said as much as I chose to lend him—I said, "Where did you get it"—he said he bought it of a man in Houndsditch for 3 s .—I detained him.

( Property produced, and sworn to .)

SAMUEL SOUTHEY . I am an officer. Matthews brought the prisoner this spoon to me—I came to London, and found the books and one at St. Giles's, and the other spoon at another plated—the prisoner told me he had left them there.

GUILTY . Aged 15.— Recommended to mercy .— Confined Three Months .

954. WILLIAM REYNOLDS was indicted for stealing, on the 8th of March , 5 half-crowns, 11 shillings, and 11 sixpences; the monies of Richard Payne Hutchings , from the person of Martha Hutchings .

MARTHA HUTCHINGS . I am the wife of Richard Payne Hutchings, of Welbeck-street, Cavendish-square. On the 8th of March, at half-past five o'clock in the evening, I was with Mrs. Godfrey, in Coventry-street—a mob got round me—I felt something behind me—I put my hand down, and caught the prisoner's hand in my bag, which was on my arm—I had nearly 2 l . in silver, loose in the bag—I caught hold of the prisoner, and said he had got my money—a man that was with him tried to take my at tention from the prisoner, and wanted to turn me round—the prisoner got away from me—I followed, and caught sight of him again—I lost sight of him for about ten minutes—I found him next at St. James's station-house—I had 11 s . remaining in the bag—11 s . 6 d . was picked up in the street, which the prisoner threw away—three half-crowns. and 11 s . were gone—I am sure he is the man.

Cross-examined by MR. PHILLIPS . Q. Can you tell How he was dressed? A. In a black coat, very brown from being worn very much—he had a hat on—I was frightened.

HANNAH GODFREY . I am the wife of John Godfrey, of Tottenham-court-road—I was with the prosecutrix—the prisoner took something from

her—I have not the least doubt it was him—I saw him at the station house, and I am sure he is the person.

Cross-examined. Q. Were there many people about? A. There was a crowd.

JOSEPH DOWNES . I live in Oxford-street, and am a clock-maker, I was in Coventry-street, and saw the prosecutrix collar the prisoner—she said, "That man has got my money"—he ran—I followed him up Sher rard-street into Queen-street—he threw something out of his hand—I heard some money fall—I cried, "Stop thief," and he was taken by the policeman—I am quite sure he is the man.

Cross-examined. Q. Did he not deny it? A. He did—there might he twenty people in the crowd—she had him by the collar.

GUILTY . Aged 30.— Transported for Ten Years .

955. JULIA SULLIVAN was indicted for stealing, on the 5th of March , 1 half-sovereign, 3 half-crowns, and 1 shilling; the monies of Mi chael Murray , from the person of Hannah Murray .

HANNAH MURRAY . I live in Mermaid-row, Chelsea, and am the wife of Michael Murray. The prisoner lived in my house six weeks—about twelve o'clock at night, on the 5th of March, I was lying on my bed with my clothes on, waiting for my husband—I had a half sovereign, three half crowns, and one shilling in my pocket—I went to sleep with that in my poc ket, and awoke at five o'clock in the morning—the prisoner was sitting up in my room when I went to sleep—when I awoke, my pocket was cut, and I could not find the money—the prisoner was gone away out of the house—I found her in a public-house in Jews-row, drunk, about an hour after—there were some more persons in my room—I cannot swear that she took it—I seized her pocket, and found 5 s . 2 1/2 d . in a rag in it—I knew the rag—it was mine, and had had my money in it when in my pocket—I asked her for my money—she abused me and said she had not had it—I cannot ex actly swear to this rag—I do not know whether it is the one I had—I told the Magistrate it was—I partly guessed it was.

JOSEPH TINGEY . I keep the Snow-Shoes public-house, in Royal Hos pital-row. On monday morning the prisoner came into my house—I gave her change for a half sovereign—she had a quartern of rum.

JOHN SMITHERS ( police-constable B 67.) I took the prisoner for steal ing this money—she said that the woman told a falsehood about it, for she only took 9 s . from her; and Mrs. Murray produced this piece of rag, which she said the money was in in her pocket.

Prisoner's Defence (written .) I lodged there—I went into a public-house and had some porter, where my prosecutrix was with two women and a man, and her husband—we had two quarterns of rum, and then went into the tap-room—my prosecutrix asked if I intended to go to her house—I said, "No"—she said, "I am almost drunk, will you go with me home"—I did, and she would not go to bed—I left her, and the next morning she abused me for stealing 18 s . 6 d .

GUILTY . Aged 45.— Confined One Year .

956. MARTIN HAWKINS was indicted for feloniously forging and uttering, on the 17th of March , an order for the payment of 40 l ., with intent to defraud Henry Drummond and others.

MR. ADOLPHUS conducted the Prosecution .

RICHARD CHADWICK . I am an auctioneer in St. Martin's-lane, St. Mar tin's-in-the-fields. The prisoner was my errand-boy—I had an account with Messrs. Drummonds, and kept my check-book in a small cupboard with closed doors—one day I left the key in the door, and when I came home the prisoner gave me the key—I soon after saw a check produced from Drunmonds'—it was not my writing—I had authorised no one to draw it.

GEORGE CHARLES COX . I am clerk to Henry Drummond and Co. On the 17th of March the prisoner brought in a check for 40 l ., about eleven o'clock in the morning—I looked, and asked who he had obtained it from—he aid, "From Mr. Wright, in Warwick-street"—that is all the conver sation we had—I detained him—this is the check—( producing it )—it is not Mr. Chadwick's writing—it purports to be drawn by him.

Cross-examined by MR. PHILLIPS . Q. Did you go to Warwick-street? A. No; I did not ask him the number.

RICHARD CHADWICK re-examined . This check is not my writing—I believe the whole of it is the prisoner's writing—I have seen him write, and believe this is his writing.

Cross-examined. Q. This is rather a good hand for such a boy as that? A. Yes, he wrote well—it is not at all like my writing.

MR. ADOLPHUS . Q. Did you ask the prisoner any thing about this? A. Yes—he said he picked it off the floor, and it was already written—I asked what he was going to do with the money—he said, to give it to his mother—I have since looked at my check-book—I had written a check, and torn it—immediately after that a check had been cut out close to the binding—I always tear them out through the check-mark.

(The prisoner received a good character.)

GUILTY . Aged 12.— Recommended to mercy by the Jury .— Confined Two Years .

957. GEORGE CADBY was indicted for bigamy.

WILLIAM TAILOR . I live in Wellington-street, St. John's Wood-road, Marylebone. The prisoner married my sister, Elizabeth Fortescue Taylor, in the 1st of September, 1834, at Marylebone church—I was present at the marriage—they lived together after that a short time—she is alive now—I saw her yesterday.

Cross-examined by MR. BALLANTINE . Q. You are brother of the first wife? A. Yes; she was about sixteen or seventeen—I do not think the prisoner was more than twenty-one—the marriage was without her father's consent—the prisoner did not treat her very well—he only lived with her six weeks—I do not know why they separated—my father fetched her away—the prisoner would not live with her.

MARGARET TAYLOR . I am the mother of the last witness. What he has said with respect to the marriage is quite correct—I went to know the reason why the prisoner was going to leave my daughter, but I did not wish to take her away—she did not wish to go herself, and her father, my brother-in-law, and I went, and the prisoner said so help him Jesus God he would not live with heir—he did not state why—I said he should provide a home for her—he said, she might go on the town, and be d—d, she liked.

Cross-examined. Q. Who was conversation with you? A. My hus band—he is not here—he was here yesterday, but he was told he would not

be wanted—Mr. Robinson was there—he is in Edinburgh—this took place on the 15th of October, 1836—I did not go to the prisoner's house, but to a public-house—his wife found him there—I was with his wife—she came to my house, and went with me after the prisoner, and found him—I did not know of Mr. Robinson having been the day before to the prisoner—I did not tell the prisoner that the marriage was void, nor did anybody in my presence—my daughter took a ring with her and bit in half—she said, "Take that, villain, and give it to another, if you like"—I in structed my daughter to do and say so—that was all we said then—we did not sit down and all have something to drink—my husband called for a pot of half and half before the prisoner came in—we did not all share it together, to my knowledge—I did not sit down with the prisoner after this—I went to the station-house to get a policeman to take him up, but they would not after his wife had thrown the ring at him—I did not institute this prosecution.

SARAH CANNON . I live at Mrs. Harper's, Clerkenwell-green. I was married on the 6th of January, 1835, to the prisoner at Limehouse—he lived with me till four weeks on Monday last, and then called a broker, and sold all my things, and left me destitute with my child in the streets—I have one child by him.

Cross-examined. Q. When were you married? A. On the 6th of January, 1835—the child is two years and four months old come the 30th of this month—I am twenty-seven years old—I had another child at the time I married, by another person—I had the things my father gave me on my marriage—my father did not persuade the prisoner to have me, but he was always after me—he did not tell me of the circumstance relating to his former wife till I was five months gone in the family way—then he told me she was gone to America, and had married again—the prisoner was never in work—it is through friends I appear here to-day.

GUILTY . Aged 24.— Confined Two Years .

958. ELIZABETH JAMES was indicted for stealing, on the 8th of March , 1 hearth rug, value 5 s .; 1 looking-glass and frame, value 10 s .; 1 set of fire-irons, value 4 s .; and 1 table cover, value 1 s .; the goods of George Chapman .

GEORGE CHAPMAN . I live in Judd's place, Gray's Inn-lane. The prisoner was occasionally with me as servant—I missed these articles on the 8th of March—I had discharged her before then—these things were safe at eleven and gone at half-past twelve o'clock—she was not there, that I am aware of, that day—these are the articles—( looking at them .)

WILLIAM FISH . I am shopman to Mr. Loveday, of Gray's Inn-road, a pawnbroker. I stopped the prisoner with these things, on the 8th of March, between twelve and one o'clock—she offered all of them to pledge.

Prisoner . There was another girl with me.

GUILTY .* Aged 16.— Confined One Year .

(There was another indictment against the prisoner.)

959. JAMES GREEN was indicted for stealing, on the 2 d . of March, 1 pair of boots, value 10 s ., the goods of John Mumford .

FREDERICK CHURCH . I am servant to Mr. John Mumford, who keeps the White Swan public-house, Whitechapel. About four o'clock in the evening of the 2nd of March, I put a pair of boots into the cupboard—the prisoner came in soon after, and asked if I had seen an old shoe throwing

about the tap-room—I said "Yes, I threw it into the cupboard"—I opened the door, and let him look in—the parlour bell rang, and I went away—when I came back he was still looking in—I said, "What are you about so long?"—he said, "Only looking for the old shoe"—the bell rang again, and when came back he was gone, and the boots too—these are them—( looking at them ).

SAMUEL TAYLOR . I am a street-keeper. I produce the boots which I got from Jacobs in Petticoat-lane.

ISRAEL JACOBS . I am a general dealer, and go about buying old ward robes. I met the prisoner—he said, "Will you buy a pair of boots?"—he asked 5 s . for these boots, and I gave him 4 s . 3 d .—I think it was on the 2nd of March.

Prisoner . I went to this house at half-past twelve o'clock—a young man who lodged there asked me, between three and four o'clock, whether I would go into the lane and sell these boots for him, and let him have the money—his name was Richardson—I sold them to this man for 2 s . 9 d ., and took him back the money—the man said they were his own.

FREDERICK CHURCH . We have a man of the name of Richardson lodging there.

SAMUEL TAYLOR . I took the prisoner—he denied all knowledge of the boots.

GUILTY . Aged 22.— Confined Three Months .

960. PERCEVAL DEVENISH was indicted for feloniously utter ing, disposing of, and putting off a forged order, on the 21st of March , for the payment of 2 l . 15 s ., with intent to defraud Nathan Phillips .

NATHAN PHILLIPS . I am a slop-seller, and live in High-street, Shad well. On the 21st of March the prisoner came to me with this note—( looking at it )—I did not know him before—I cannot be mistaken in him—when the owners give these notes, the slop-sellers give the holders of them clothes or money sometimes to fit them out—I did not know Mr. Thomas T. Allen, by whom it purports to be signed—we are in the habit of giving money for these notes if we do not know the parties—the captains write them for the owners—the prisoner wanted 2 l . 10 s . in clothes and 5 s . in money—he picked out the clothes bet tween seven and eight o'clock, and wanted to take them away—I said I would bring them the next day on board the ship, and see if he belonged to it—he wanted 5 s .—I said, "No, I will give you a half-crown, and to morrow I will give you a half-crown more"—when I came on board the ship.

EMANUEL MOSS . I am a slop-seller, and live in High-street, Shad well. The prisoner came to my shop the same evening, and brought this note—I refused to cash it, because there was no number of any office on it—it is payable at Mr. Fletcher's office, but no number, or any street, and I would not take it—he said he could neither read nor write—he we nt to wards Mr. Phillips's.

JOHN DOWLINO . I am clerk to Henry Fletcher and Sons; they are owners of the ship the United Kingdom— they have an office at Limehouse—Captain Thomas T. Allen is captain of the United Kingdom— I know his writing very well—I should say this note was not his writing—I have fre quently seen him write—the prisoner is not in the list of the crew which we have received—we have printed forms, which we give, of our notes, with the address in print—there is no other officer on board that might Sign the captain's name—they might fill it up, but not sign his name—I cannot say whether the vessel sailed after or before the 21st of March.

NOT GUILTY .

961. HENRY DAY was indicted for stealing, on the 10th of March , 2 waistcoats, value 10 s .; and 1 stock, value 1 s . 6 d .; the goods of James Thomas Hawes .

GEORGE SAVAGE . I am shopman to James Thomas Hawes, of White chapel-road, a pawnbroker. About half-past ten o'clock at night, on the 10th of March, I saw the prisoner about my shop—I watched him for as hour or more lurking about—I had occasion to go in—I had not been in five minutes before the lad at the door called me—I missed the two waist coats and a stock from the rail outside—I ran out, and saw the prisoner running, with the waistcoats under his arm—as I caught him he fell down, and I picked up the waistcoats and him together—he used great violence, and tried to throw me into the mud—these are my master's—( producing them .)

Prisoner . I picked them up.

GEORGE HOGSTON ( police-constable K 128.) I took the prisoner—he said, "I took the waistcoats."

GUILTY .* Aged 23.— Transported for Seven Years .

962. JANE HORROX was indicted for stealing, on the 3rd of March , 1/4 lb. weight of silk twist, value 5 s ., the goods of George Clark .

GEORGE CLARK . I live in Whitecross-street. On Saturday night, the 3rd of March, the prisoner came into my shop—I was informed of some thing—I went and accused her of stealing a ball of twist—she denied it—I desired her to give it up, or I would send for a policeman—she said I might search her; for she had nothing—I sent for an officer, and she laid a ball of twist on the counter—she turned and asked for forgiveness.

HANNAH COLLINGHAM . I searched the prisoner at the station-house, but found nothing on her—she said she had been into a shop in Whitecross-street, and taken two balls of twist, and they did not know that she had taken but one, but she had dropped one in coming along—I went and found this ball of black twist—she said she was in great distress.

BENJAMIN BAKER ( police constable G 43.) I was called, and took the prisoner—she stated she took the ball from Mr. Clark's, and just before we got to the station-house she stooped and dropped something down an area—I went and picked up the ball of black twist.

GUILTY . Aged 16.— Recommended to mercy .— Confined Three Days .

963. JAMES MOORE was indicted for stealing, on the 2nd of April , 1 handkerchief, value 2 s ., the goods of James Holyoake , from his person.

JAMES HOLYOAKE . Between seven and eight o'clock, on the 2nd of April, I was in Cheapside, and Cuthbert spoke to me—I put my hand into my pocket, and my handkerchief had been stolen—I had seen it safe two or

three minutes before—this is my handkerchief—( examining one )—it has no mark but I am convinced it is mine.

JAMES CUTHBERT . I am inspector of the watch of Bread-street ward. I was in Cheapside at a quarter before eight o'clock that evening—I saw the prosecutor, and the prisoner put his hand into his pocket, and take out his handkerchief—he crossed the road—I took him, and he threw it down.

Prisoner . It was chucked on my feet, and I picked it up. Witness . No; he ran after he took it out of the prosecutor's pocket—he had tried another pocket just before.

GUILTY .* Aged 24.— Transported for Ten Years .

964. EDWARD WILKINSON was indicted for stealing, on the 5th of March , 1 spoon, value 6 s ., the goods of John Newberry , his master.

ELIZA NEWBERRY . I am the wife of John Newberry, of Spring-place, Kentish Town, a gold-beater. The prisoner came into my service, to clean boots and shoes, and do what was wanted—on the 5th of March I missed a silver spoon, and charged him with having it—he said he had not—this is it—( looking at it .)

DANIEL FABRAGE ( police-sergeant S 13.) I took the prisoner—he said he had not got the spoon; but in going up the kitchen stairs, he said he had taken one—I went back, and he took this spoon from some ashes.

Prisoner . The officer said he would do me all the mischief he could.

GUILTY .* Aged 21.— Transported for Seven Years .

965. JEREMIAH PANNING was indicted for stealing, on the 12th of March , 4 pewter pots, value 7 s ., the goods of Stephen Balcombe .

STEPHEN BALCOMBE . I keep the Eagle and Wheat Sheaf, Albion-place, Paddington. On the evening of the 12th of March, about half-past nine o'clock, I saw the prisoner walking up Albion-place—I took hold of him, and this pot fell from under his arm, and this other one from his hat—these other two were found under his waistcoat and in his waistband—they are all four mine, and bad been in my house that evening.

Prisoner . I went to the house—there were about twenty men, some drank and some not—there were some with screws—they screwed up two of the pots, and put them under the table—I took them up, and as I was going out there were two more under the rails, add t took them—necessity compelled me to do it.

HENRY WILLIAM TURPIN ( police-constable F 39.) I found this pint pot in the waistband of his trowsers, and this under his jacket.

GUILTY . Aged 47.

966. JEREMIAH PANNING was again indicted for stealing, on the 12th of March , 1 chisel, value 6 d ., the goods of James East .

JAMES EAST . I am a carpenter, and live in Little London-street, Paddington, near to the last prosecutor. I lost a chisel on the 12th of March—this is it—( looking at it )—I have known the prisoner for some years—he is a bricklayer's labourer, and was working near my premises.

HENRY WILLIAM TURPIN . I found the chisel in the waistband of the prisoner's at the time I found the pots.

Prisoner . I put it there to give it to the owner in the morning; I found it among some rubbish.

GUILTY . Aged 47— Transported for Seven Years .

967. GEORGE WOOD and JOHN WRIGHT were indicted for stealing, on the 12th of March , 1 carpet, value 3 l ., the goods of Eliza Thompson .

FRANCIS BURTON . I live in Mount-terrace, Whitechapel. Eliza Thompson, my niece, is a broker—this carpet was hers on the 12th of March, and was missed off two large chests outside the door.

THOMAS MILLER . I live in John-street, Whitechapel. About one o'clock, on the 12th of March, I was coming from dinner, and saw the two prisoners coming up Court-street with a carpet—they passed it from one to the other—I followed them to a field where they shook it, and took it to Mr. Reynold's shop—this is the carpet—( looking at it .)

JOHN CHUBB . I am foreman to Mr. Reynolds, a pawnbroker, at Mile-end-road. I took in this carpet of the prisoner, Wood, at half-past one o'clock, on the 12th of March—there was no one with him.

FREDERICK PICKERING ( police-constable K 87.) I took the prisoners into custody—I found on Wood 11 s . 7 1/2 d ., and the duplicate of the carpet in his boot—Wright said he knew nothing about it.

Wood's Defence . I bought the carpet nearly a month ago.

Wright's Defence . I met this young man—he said he was going to pledge a carpet, would I go with him—we were gone to have something to drink, and they came and took us.

WOOD — GUILTY . Aged 20.— Confined Three Months .

WRIGHT — NOT GUILTY .

968. SARAH ALLEN , alias Susan Anderson , was indicted for stealing, on the 14th of March , 1 piece of carpet, value 1 s .; 1 pair of pattens, value 6 d .; and 1 pair of clogs, value 6 d .; the goods of William Winsby .

SUSANNA WINSBY . I am the wife of William Winsby, of Union-street, Middlesex-hospital. On the 14th of March, as I went down stain, I heard some one follow me—I turned, and saw the prisoner—I said, "What have you been doing in my room?"—she said, "I have been to Mrs. Spink"—I said there was no such person, and then she said Mrs. Jones—I said no such person lived there—I took her into the second-pair room, and she dropped a piece of old carpet—I looked at her again, and saw these clogs—I said, "They are mine"—"No," said she, "they are mine"—I asked her if she had any thing else, and then she took my little girl's pattens from her bundle.

Prisoner . This carpet was on the stairs—the clogs and pattens I never saw—I had been up stairs to a person, and knocked at the door, but they were not at home.

GUILTY .— Confined Six Months .

969. JOHN AUSTIN was indicted for stealing, on the 10th of March , 1 pewter pot, value 1 s ., the goods of Alexander James Gate .

ALEXANDER JAMES GATE . I keep the Black Horse, Tottenham-court-road. About eight o'clock, on the 10th of March, the prisoner in to drink—Mr. Bliss gave me information—I took the prisoner, but this pot was taken from him outside the door.

JOHN BLISS . I was at this public-house, and saw the prisoner take the pot, put it into his hat, and go out—I gave information, he was fol lowed, and the pot taken on him.

Prisoner's Defence . I fell into intoxication, which was the cause of my committing the offence—I have no recollection of taking it.

ALEXANDER JAMES GATE re-examined . He was not drunk.

GUILTY . Aged 43.— Recommended to mercy .— Confined Three Months .

970. JOHN BEAL was indicted for feloniously breaking and en tering the dwelling-house of Joseph Lincoln , on the 11th of March , at St. Marylebone , and stealing therein, 9 spoons, value 2 l . 14 s .; 1 pair of sugar-tongs, value 12 s .; 1 necklace, value 1 l .; 1 seal, value 1 l .; 4 rings, Joe 1 l .; 1 brooch, value 8 s .; 1 coat, value 1 l . 10 s .; 1 boa, value 10 s .; 1 scarf, value 1 l . 10 s .; 3 shirts, value 12 s .; 20 keys, value 10 s .; 20lbs. eight of tea, value 4 l . 10 s .; 1 cash-box, value 10 s .; 2 purses, value 6 d .; 10 shillings, and 6 shillings in copper money; his goods and monies.

JOSEPH LINCOLN . I live in New Church-street, Marylebone, and am a grocer. I only rent the two parlours, shop, kitchen, and vault—there is an open passage for all the lodgers—I have no outer door to my apart ments—I have a door that opens into the passage—these apartments are my dwelling-house—the prisoner formerly lived in the same house, but had left—I and my wife went out about three o'clock in the afternoon, on Sunday, the 11th of March—I locked the door of the shop, and put the key under the hearth-rug—I locked the door that led into the passage—no one was left in my part of the house—I had also a key of the street-door—it goes with a spring-lock—I fastened it when I went out—as I walked along, I saw the prisoner about 150 yards from my house—I asked him How his wife did—he replied, "I believe, pretty well"—I went to Little Marylebone-street, and then to Paddington-chapel—at seven o'clock I was called, and came home about ten minutes past seven o'clock—I found the policeman there, and the three rooms all in an uproar, strewed with papers and tea, and every place ransacked—when I left I had nine spoons—they were worth 2 l .; and sugar-tongs, 20lbs. of tea, and other things, to the value of 10 l . 3 s . 7 d .—I lost a cash-box and canvas bag—I have since seen the cash-box and bag—they are mine—that is all I have seen.

REBECCA LINCOLN . I am the prosecutor's wife. I accompanied my husband—when I came home I saw the drawers all open—I missed a necklace, two plain gold rings—a gold keeper, a gold brooch, a fur boa, a silk scarf, a bag, and other things, to the value of 7 l .—I have not seen any of them since.

JOHN WICKHAM DAW . I live on the second floor of this house. I re member on that Sunday afternoon a knock at the door—there was a man there with magazines and the prisoner—I bought one magazine of the man, and he went away—Mr. Beal asked me if anybody had been there for him that morning—I said, "No"—he told me to go to ask Mrs. Lincoln—I tapped at the door, and she said, "No."

JOHN GEORGE PRATT . I am a policeman. I received information from some children, and I went, about seven o'clock, to the prosecutor's house—the place was all in confusion—the drawers were open—some persons had been in the place before I got there—the doors did not appear to have been forced—I went into the bed-room, and the things were all strewed about, and on the table I found this chisel—the tea was strewed about in the shop, and the acidulated drops and other things—I went to the prison er's house, No. 9, Little Carlisle-street, about nine o'clock—no one was

at home—I saw the prisoner coming along the street about half past nine o'clock—his door was open—I knew him by the description—when he got in, I knocked at the door—he came—I asked if his name was Beal—he said, "No"—I told him whether his name was Beal or not, he must go with me—I wanted him—he made no answer, but went with me—as I was taking him to the station-house, I asked him if he knew Mr. Lincoln—he said he did—I asked if he had seen him that day—he said he had.

Prisoner . Instead of saying my name was not Beal, I said "Why." Witness . He said distinctly, "No."

JOSEPH NIFTON ( police-constable D 118.) The prisoner was brought to the station-house—I took charge of him—he had been there between five and ten minutes, and said he wanted to go to the water-closet—I said be fore he went I would search him—I found four half-crowns and 6 d ., six teen duplicates, this screw-driver, a quantity of farthings, and halfpence, a tobacco-box, and in this canvas bag ten halfpence and two penny pieces—the prosecutor identified the bag—the prisoner went to the water-closet—I watched him—he was there ten minutes—he came out again and stood with me a few minutes, and then said he wanted to go again—I allowed him to do so—he was there three or four minutes, and as he was leaving I heard some money drop—I examined the water-closet, and found two farthings and some tea, after I had searched him.

REBECCA LINCOLN re-examined . I made this bag, and it was in the cash-box when I left home that day—I had about a shilling's worth of farthings—they were gone—they were in the apartments, not in the cash-box.

JOHN RYAN . I am a police-sergeant. I was at the station-house when the prisoner was brought there—I went to the water-closet, and found two farthings, and some tea—a woman came afterwards and asked if a person of the name of Beal was there—she said she was his wife—we said "Yes"—she had these keys in her hand—I asked what they were—she said, one was of the door where she lived, No. 9, Carlisle-street—I went there and the key did not fit, and then I tried the room door and this key did not fit—I then went to Lincoln's, and this one key fitted the outer door, and the other fitted the parlour door.

THOMAS HENRY THOMPSON . I am a police-sergeant. I went to the prisoner's lodgings and found this cash-box under the bed, at No. 9, Car lisle-street, also a dark lantern.

MRs. LINCOLN re-examined . This is my husband's cash-box.

Prisoner's Defence . I left my wife in the morning at half-past eight o'clock, and never saw her again till she came to the station-house—she had the keys in her possession all the day, and brought them to the sta tion-house—they do belong to the lodgings I occupy—the back parlour door and the front door—I saw Mr. Lincoln in the afternoon, and was not at home again till the officer took me about nine o'clock—the four half-crowns found on me I have had above a week—when I went home in the evening, I found the bag on the table.

GUILTY . Aged 40.— Transported for Ten Years .

971. JOHN GOODCHILD and ISAAC GOODCHILD were indicted for stealing, on the 15th of March , 1 leaden sash weight, value 2 s ., the goods of Mary Hannah Fearn and another.

THOMAS WESTLEY . I am foreman to Mary Hannah Fearn and another, of Uxbridge. They had a leaden sash weight—I saw it safe on the 8th of March, in a shed—I think I missed it on the 14th—this is it—( looking at it )—I had it in my hand a few days before.

Cross-examined by MR. PHILLIPS . Q. Have you any mark on it? A. No, only the string being cut as it is—there were several stolen—it is a piece of patent line—it is a common thing—I have no mark on the lead—I did not see it from the 9th till the 13th.

WILLIAM SERVANT . I am a police-sergeant. I took the prisoner John, on the 14th, at Smith's beer-shop, which adjoins a marine-store shop—he had the weight in his pocket—Isaac was at home, and his brother told me that he gave it him—I went and took Isaac.

NOT GUILTY .

972. JANE BOWDEN and CATHERINE M'BRIDE were indicted for stealing, on the 7th of March , 2 half-crowns, and 10 shillings, the monies, of Thomas Brown , from his person.

THOMAS BROWN . I live in James-street, Kensington, and am a saddler, on the night of the 7th of March I went to the Sell public-house, near Tothill-street, with Jane Bowden—I was half drunk—I went to sleep—I about say what time it was—I was awoke, and missed my money—I had about 15 s .—there were two half-crown pieces, and the rest were shillings.

WILLIAM WATERMAN . I was at the public-house, in New Tothill-street, that night—I saw the prosecutor with Bowden—in a quarter of an hour M'Bride came and spoke to Bowden—she took the newspaper, and stood before the prosecutor, and I saw Bowden take out the prosecutor's hand out of his pocket, and put her hand in three times, one time I saw a half-crown and when she got it out the third time she put it into her left breast, turned to M'Bride, and said, "Come on, it is all right, I have got it"—she was going out—I stopped her, and said, "It is not all right"—I sent for the policeman—M'Bride turned and said, "It serves you right; I told you How it would be"—Bowden resisted as much as she could, and tried to bite me—the officer came, and I told him to look into her bosom and he would find some money.

JAMES DALTON ( police-constable B 63.) I took Bowden, and found five shillings in her breast—she was very resolute, and tried to bite—I took her to the station, and found five shillings more, and Waterman found the remainder—M'Bride was taken afterwards—she got away at the time.

Bowden's Defence . I can assure you I had got the money with a peti tion for my husband, who was lying ill in the hospital, and since that he is dead—the petition was taken from me at the Office.

BOWDEN — GUILTY . Aged 21.— Confined One Year .

M'BRIDE — NOT GUILTY .

973. STEPHEN AYLIFFE was indicted for stealing, on the 6th of March , 361bs. weight of coals, value 6 d .; and 4 1/2 lbs. weight of potatoes, value 1 1/2 d .; the goods of Samuel Joynson , his master: and ANN AYLIFFE , for feloniously receiving the same, well knowing them to have been stolen.

SAMUEL JOYNSON . Stephen Ayliffe worked for me—there is a fence between his yard and mine—Ann Ayliffe is his wife—she was formerly a servant of mine—I have lately missed potatoes and coals—I desired the Policeman to look out—he brought Stephen to me, and the constable produced

some coals to me in a sack—I could not swear to them—I believe they were mine—the potatoes were at the bottom, under the coals—they ap peared the same as were in my cellar—I believe they were mine, but can not swear to either.

Cross-examined by MR. PHILLIPS . Q. I suppose one potato is mighty like another, is not it? A. Yes—they were at some distance from the coals in the cellar—they were a kidney potato.

THOMAS LYNE ( police-sergeant V 5.) I received information from Moore that the prisoner was in the habit of robbing his master in the morning, between five and six o'clock, of potatoes and coals—I went with the officer to watch him—a few minutes before six o'clock, on the 7th of March, I saw him passing from his master's yard to a paling which separates his yard from his master's—he got up some steps, and conveyed a sack full of something to his premises—I went and found the sacks in side the threshold of the prisoner's door, and his wife standing by—I said, "Is that the way you rob your master?"—he said the coals were left for him—I took him—the sack contained coals and potatoes.

Cross-examined. Q. You will swear to the sack that the prisoner had I suppose? A. Yes.

ROBERT MOORE ( police-constable V 85.) I received information—on the 6th of March I saw this sack put over the fence, by the male prisoner, from the prosecutor's yard—I saw him bring it out of the prosecutor's house—I was a stable—I went over the fence, and took the sack and the female prisoner—I examined the sack at the station-house, and two pieces of coal that I had marked the night before, at half-past eleven o'clock, in the cellar, were in the sack.

Cross-examined. Q. What mark had you put on them? A. Here is the mark—( showing it .)

(The prisoner Stephen Ayliffe received a good character.)

STEPHEN AYLIFFE — GUILTY . Aged 40.— Recommended to mercy .

Confined Three Months .

ANN AYLIFFE — NOT GUILTY .

Fifth Jury, before Mr. Sergeant Arabin .

974. JOHN M'CARTHY was indicted for stealing, on the 29th of March , 90 yards of linen cloth, called hessian, value 3 l ., the goods of Abraham Fountain .

ABRAHAM FOUNTAIN . I live at Ealing, and keep a linen-draper's shop. This cloth was outside my shop on the 29th of March—I missed it about twenty minutes past seven o'clock, when I was called out of my parlour—I have frequently seen the prisoner—he was horse-keeper at a house opposite—about eight o'clock the same evening we went and found it in a hay-loft which the prisoner has the charge of—I saw the prisoner before I searched, sitting in the tap-room—the officer spoke to him, and he went into the yard, and began shutting the gates—he was with me when I went into the loft—this is the cloth.

Cross-examined by MR. BALLANTINE . Q. Have you a mark on it? A. Yes—there are ninety yards—the stable is rented by Mr. M'Intosh the contractor.

ANN BETT . I live with Mr. Fountain. I saw the prisoner examining

the goods about half-past five o'clock—he then went away, and I missed them about twenty minutes past seven o'clock.

Cross-examined. Q. Were these outside the door? A. Yes—I only know the prisoner by seeing him about.

THOMAS YATES . I keep a grocer's shop next door to Mr. Fountain, found the corner. I saw the prisoner that night standing in the road, four or five yards from the prosecutor's—he came into our shop, and had some bacon and eggs—he came again in five minutes, and had two more eggs.

JOHN PASCOE ( police-sergeant T 19.) About half-past seven o'clock, on the 29th, I received information from Mr. Fountain—I went and ques tioned the prisoner if he had been over to that shop, and from that I went and searched the loft, and found the property—he appeared very much agitated.

Cross-examined. Q. Did you know these premises? A. Yes—the door was shut, but not locked—there are a great many persons in Mr. M'Intosh's employ—many of them have access to the stable.

WILLIAM TAYLOR ( police-constable T 36.) I had charge of the prisoner—as soon as the sergeant got into the loft, the prisoner tried to make his escape, to get to the loft door, to get out—I was inside the loft.

NOT GUILTY .

975. HENRY WHEELER was indicted for feloniously breaking and entering the dwelling-house of Joseph Mills , on the 10th of March , at St. Leonard, Shoreditch , and stealing therein, 3 blankets, Value 1 l . 6 s ., his goods; and that the prisoner had been before convicted of felony.

JOSEPH MILLS . I am a journeyman ironfounder, and live at No. 18, in Windsor-street, City-road, in the parish of St. Leonard, Shoreditch; it is my dwelling-house. About eight o'clock, on the 10th of March, I went into the parlour—I saw the prisoner standing against the table, the door was open—he got on the table and jumped out of the window the moment he saw me—I jumped out and followed him—I did not lose sight of him for a moment—he had got about thirty yards—when I got up to him he said, "I am innocent"—I had not charged him with any thing—I brought him back to my house and gave him into custody—my wife was in the room before I went in, and had put the child to bed ten minutes before—I found thee articles stated packed up in a bundle, ready to carry away—my door was fastened with a spring lock.

Cross-examined by MR. BALLANTINE . Q. He was not very long before he got out? A. No—I had a candle in my hand, which made me observe him better—he had a cord jacket, fustian trowsers, and a round cap—he had the same on when I caught him—when he was running I said, "Holloa, I want you"—I did not tell him what for—he was walking away from me when I came to him.

GEORGE BETLY ( police-constable N 217.) I took the prisoner—he had a blue cloth cap on.

GEORGE SAYER ( police-constable N 34.) I know the prosecutor's house—I was there about ten minutes before eight o'clock, and examined every shutter in the street, and every window was fast, except No. 10.—I searched the prisoner, and found this small whistle in his pocket—he said he was a cabinet-maker, and made this whistle.

HENRY ALLEN ( police-sergeant N 21.) I got this certificate of the

prisoner's former conviction from Mr. Clark's office—(read)—I was a witness on that indictment—he is the same person.

GUILTY . Aged 17.— Transported for Fifteen Years .

976. CHARLES WILLIAM LOVE was indicted for bigamy.

MR. JONES conducted the Prosecution .

JOHN ASHFORD . I had a sister of the name of Ann Mary Ashford—I was present when the prisoner was married to her, about fifteen months ago, or I should say it was longer than that—she died in childbirth fourteen months back, I should think.

Prisoner. Q. Was your sister named Ann Mary Ashford? A. Yes—I had a sister, Ann Maria—I cannot say that you ever ill-used my sister—I never knew it—you lived next door to me.

MR. JONES . Q. Was your sister's name Ann Mary Ashford? A. I cannot tell—I was not present when she was christened—I never heard her called Ann Mary—they called her Ann.

JOHN WILLIAM HARRINGTON . I had a sister of the name of Mary Ann Warr—I was a step-brother of the prisoner—I was at Stepney in 1817, when he was married to Mary Ann Warr —I have seen his wife within a month at the police-office—Mary Ann Warr and the prisoner lived together after they were married, for about twelve years, till they were parted, as far as I know.

Prisoner. Q. Did you ever hear of my ill-treating her? A. No—I believe she left you—I cannot speak about your fetching her back—I know you lived alone for a length of time—I was put into a madhouse, but I have been out twelve months.

ITHJEL PRICE . I am parish-clerk of St. Duns tan's, Stepney. I pro duce the register of marriages in 1817—I find a marriage between Charles Love and Mary Ann Warr, on the 13th of August, 1817.

ELIZABETH ASHFORD . I am the wife of John Ashford. I was present when the prisoner was married to Ann Mary Ashford, on the 1st of February, 1836, at St. John's, Hackney—she has since died.

WILLIAM JACKSON . I am parish-clerk of St. John's, Hackney. I pro duce the register of marriages—I find a marriage entered on the 1st of February, 1836, between Charles Love and Ann Mary Ashford—I was present.

GEORGE GREEN . I apprehended the prisoner at Bethnal-green work-house—I told him the charge—he said, "I cannot deny it."

ELIZABETH ASHFORD re-examined . When the prisoner married my sister she was single—she had formerly lived with me—she was a brush maker—they lived together for ten weeks before she was confined and died.

(The prisoner, in a written defence, stated that his first wife had deserted him, and cohabited with another person, and that she had consented to his marrying again.)

GUILTY . Aged 45.— Confined Three Months .

977. CHARLES WILLIAM LOVE was again indicted for bigamy.

JOHN WILLIAM HARRINGTON . I was present at Stepney church when the prisoner was married to Mary Ann Warr—I cannot speak to the month—it may be twenty-one or twenty-two years ago—she lived with him after that—I saw her at Worship-street office when the prisoner was there—they were married at Stepney church.

ITHIEL PRICE . I produce the register of marriages from Stepney—on the 13th of August, 1817, Charles Love was married to Mary Ann Warr—was present, and made the entry.

ELIZABETH MERCER . In the beginning of 1832 the prisoner paid his addresses to me—he married me at St. John's, Hackney, on the 1st of May—I lived with him twelve months and then left him, as I found he and a wife—I should have left him before, but I could not get employ sooner—I was a weaveress, and had no money.

Prisoner. Q. Do you not recollect my telling you that I had a wife? A. There was something passed, but I thought it was a joke—you did not me to go and see her—you lived with me while the banns were up for fortnight—I was afraid of losing the bit of home I had—I had been a window for ten years—I was not in the poor-house—I was going in—you did not wrong me of any thing.

JOHN WILLIAM FURBEY . I was present at the marriage of the prisoner with Elizabeth Mercer, on the 1st of May, 1832.

WILLIAM JACKSON . I am clerk of St. John's, Hackney. I produce he register of marriages for 1832—I find, on the 1st of May Charles Love was married to Elizabeth Mercer.

GUILTY . Aged 45.— Recommended to mercy by the Jury ,

Confined Three Months more .

978. CATHERINE NOWLAND was indicted for stealing, on the 10th of March , 5 1/4; lbs. weight of bacon, value 3 s ., the goods of William Gunston .

CRANLEY BEETNELL . I am servant to William Gunston, a cheese monger, of Exmouth-street. I saw the prisoner come into the shop on the 10th of March, at half-past nine o'clock—she was in the act of taking a piece of bacon, but Mrs. Gunston saw her, and she put it down—she came again, took the bacon, and was going away with it, and I took her to the station—she was intoxicated.

(The prisoner received a good character.)

GUILTY . Aged 51.— Confined Three Days .

979. JOSEPH KELLY , WILLIAM HARRIS , and GEORGE CLARKSON were indicted for feloniously breaking and entering the dwelling-house of Richard Sole West , on the 10th of March , at St. Luke , and stealing therein 12 penknives, value 6 s ., his goods.

GEORGE CLARK . I am a linen-draper. Mr. West is a cutler, and lives in Banner-street, St. Luke's—about 10 o'clock in the morning, on the 10th of march, I was passing and saw Kelly and Harris standing close to the window I removed Harris from the window, and saw it was perfect there—I then moved Kelly, and saw a hole broken in the corner of the glass, and a board inside which had had knives on was cleared—I said, "What have you been about?"—he said, "Nothing"—I took him into the shop—Mr. West, jun., came out of the room into the shop, and Kelly took out eight knives and said Harris had given them to him—Harris ran away when I took Kelly—I did not see Clarkson there.

FRANCIS WEST . I am the son of Richard Sole West. This is his dwell ing-house—it is in the parish of St. Luke's—Clark brought Kelly in, and he produced the knives out of his pocket, which were my father's—we lost about a dozen—this glass had been cracked about an hour before, but had

not fallen out—it had been cut out by some sharp instrument—it was the out of the putty.

WILLIAM BARNES ( police-constable G 35.) I took Kelly and the eight knives.

JAMES BRANNAN ( police-constable G 20.) I received information, and went to Peter's-lane, Cow-cross—I saw Clarkson standing at the end, and he ran up New-court—he went into a house on the second floor—I seized him and got him down—I found a knife on him and a piece of wire with a hook at each end—the knife was identified by the prosecutor—I asked Clarkson where he got it—he said, "I bought it"—I said, "Where?"—he then said he saw a bone picker throw it down, and he picked it up—he then said he had been lucky enough to escape five indictments but now I had nailed him on the ready —I was going away and saw Harris going towards Smithfield, and took him—his hand was cut and bloody—he said it was done by opening oysters.

FRANCIS WEST re-examined . This is my father's knife—I cannot say it has not been sold, but believe it has not.

Harris . I did not say it was done with opening oysters.

Clarkson . I did not tell the officer what he says. Witness . Yes, he did—he said he was nailed on the ready this time—it was from a discrip tion I got that I took Clarkson, and seeing him run away to No. 13, I was and took him there.

(The prisoner Kelly received a good character.)

KELLY — GUILTY . Aged 13.— Recommended to mercy .— Confined Three Months .

HARRIS — GUILTY . Aged 16.— Confined Six Months .

CLARKSON — NOT GUILTY .

OLD COURT . Thursday, April 5 th , 1838.

Second Jury, before Lord Chief Baron Abinger .

980. JOHN LATHAM was indicted for unlawfully, maliciously, all feloniously assaulting David Cooper , on the 9th of March , at Hillingdon and unlawfully, &c, cutting and wounding him upon his left leg and left thigh, with intent to maim and disable him, or to do him some grievous bodily harm; and ANN CLEMENTS was indicted as accessory after the fact.

MR. CLARKSON conducted the Prosecution .

DAVID COOPER , I am a sergeant of the police establishment at Ux bridge, Middlesex. On the evening of Friday, the 9th of March, I was on duty there—I had occasion to see one Richard Pearce about a fortnight before—he is not at present in custody—I had seen his stable open about one o'clock in the morning, and thinking it my duty to see if anybody was in it I went in, and saw Pearce lying with a prostitute, both asleep—I awoke them up, and informed him that his door was open—I knew him to be a married man with a family, and disturbed him—on Friday evening, the 9th of March I went to the Rockingham-road—there is a beer-shop there—fortman, a policeman, was with me that night—I saw the prisoner Latham knocking at the window of the beer-shop, about half-past nine o'clock at night—there were several persons near the front of the shop—some of them were drunk and making a noise—I did not interfere with them while they stood there

—I said nothing to either of them—I placed myself about ten yards from the beer-shop, thinking that, seeing me, they would move away—I had not been there above ten minutes before Pearce came up to me, and began to abuse me—Latham was within hearing—Pearce said, "D—n you, what business had you in my stable the other night?"—I said, "My good fellow, I do not want to have any thing to say to you," and immediately left him—I was proceeding towards the station—Fortnum went away with me—as we were going along, we were followed by Pearce and Latham—Pearce was on before Latham two or three yards—Pearce called out, "You b—y po lice we will get you out of this town; we will make this town too hot for you; we will do your business," and such expressions as those—I cannot say whether Latham used any expressions, for I walked on quickly to get away from them—I arrived at the gate of the station-house before any thing was done—as I was going in at the gate, Pearce put himself into a righting attitude, and again used the expressions I have named—he was not more than six or seven feet from me—he was within reach of me, if he had struck me—(Latham was close behind him—close to him—he did not say any thing)—I found it necessary, as the peace was broken, to lake Pearce into custody—there were fifty or sixty persons collected together in a mob—they had been followed by all the persons who were at the beer-shop, and the mob collected as they came along—I took Pearce by the collar, to take him into the station-house, and immediately Latham hung himself right round Pearce, as I suppose, for the purpose of rescuing him from me—we gate a sudden pull, and got them both inside the gate—they had both been drinking pretty freely, and were labouring under the effects of drink—I got them both into the station-house, and Fortnum shut the gate—the door of the station-house is not more than two or three yards from the gate—it is a small room we have for the purpose of taking the charges—I succeeded in getting Pearce and Latham into the charge-room—we have a strong-room eight or ten yards from the charge-room—Fortnum left after getting them into the charge-room—they were both in liquor, and clinging to each other—when I got them into the room, they both fell down on the floor, and while there I and my wife kept them down as well as we could, while Fortnum went to open the door of the strong-room—while I was endeavour ing to keep them down, Latham got himself round so as to get on one leg—he pat his arm round, and took something from his pocket—there was a strong light in the room, a fire and a candle—I saw something in his hand which appeared to me to be a table-knife—he made several thrusts at me—here is the great coat I had on—( producing it )—here are seven stabs in the coat in the part which covers my thigh and leg—there is one stab in the arm—I felt the knife go into my leg—I called out, "Oh, the villain has stabbed me"—Pearce, who laid down in one part of the station-house, hearing me say that, called out, "That is right, give it the b——r," quite load.

Q. Did you feel that you had received more than one wound at the time pearce called? A. No—the particular wound I felt was of a particular description—it went nearly through the calf of my leg—I have reason to recollect the moment I received it—I felt the knife enter the calf of my leg—after receiving this wound, Latham got himself up on his legs, in the charge-room—I stepped back off the step, and he made another plunge at me—I drew my staff out, and struck him on the side of his head—I got out into the yard, and he followed me, making thrusts at me as he followed

—I discovered I had two wounds—I hardly know How many stabs I had before I used my staff—he followed, and thrust at me—I struck him again with my staff, in the yard, and at that moment the station-house yard gate was burst open, and a mob of persons entered—the first person I saw was the female prisoner, Clements—at the time the gate was being opened my leg was bleeding—I felt the blood flowing from me—it was pouring over my boat—at that time, I should think, there were two hundred persons collected round the station-house—fifteen or twenty accompanied Clements, as many as could crowd in at the gate—on her coming in, she was close to me and Latham, as we were close to the gate—I will not say that Clements could see the state of my leg—as she entered I and Latham were fighting—he was stabbing at me at the time, and I was keeping him off—she saw us fighting, and clapped her hands, and called out, "Give it him, give it the b——r"—she turned round to the others, and said, "Get out your knives we will give it to the b——r," and such like expressions—the mob got both prisoners out of the yard—they caught hold of them, and pulled them out of the gate—Pearce had got out of the house then—he had got into a cornet, and was still calling out to Latham to give it to me, but did not join in it himself—he was standing up in a corner, not above two yards from me and Latham—I had got two men taking their rest, before going on duty, and Fortnum had gone to call them, believing they would make an attack on a—a great number of the windows of the station-house were broken, and we heard the stones fly up at the windows, at least we heard the windows crack—I then went, and saw my three men come down stairs—the prisoners at that time, were gone—I suggested that we should go and take them—up to the time, I used my staff, to protect myself, I had never spoken it Latham, nor put a hand on him—I became exhausted from the wound—we had left our cutlasses exposed, in the little room, near the gate—I pro posed to go back and secure the cutlasses; and on going back, the gate was again broken open; and the female prisoner kept calling out, "Here they come—Get out your knives, my boys, let us give it to the b—n—I bad just pushed down the catch of the gate—the latch was broken of by their bursting it in.

COURT . Q. What happened when the woman called out what you have said? A. I was exhausted then—I found I had a stab in the calf of my left leg, and one just in the inside of my left thigh—the wound is the thigh was about six inches above the knee—the wound on the calf of the leg appeared a very bad one—the other one did not enter my flesh very far, and that is not a very bad wound—it appeared to be done with a sharp instrument—the one in the leg appeared to have been cut two ways as if when the knife got in it had turned round—I had two wounds—here is the part of my coat which came directly over my leg, where the lower wound is—here are seven holes altogether, and there is a cut in the right arm of my coat—that is included in the seven.

Cross-examined by MR. PAYNE . Q. Who was present when you re ceived the first stab? A. My wife was with me in the room, holding Latham and Pearce down—I believe Fortnum was near the door, having just returned from unlocking the strong room—the woman might have seen Latham's head bleeding—I will not venture to swear she did not see it—it was a bright moon-light night, and there was a large fire in the station-house, and a candle—I had never spoken to Latham in my life before—he had a cap, which Fortnum has got—Latham was taken on

the spot, very soon after—Pearce had got away—my wife is here—I was in the Metropolitan police about six years ago—I retired from that, and went into the country with an insane lady, and when I returned, I was recommended to this place—I resigned from the police of my own accord.

GEORGE WILLIAM FORTNUM . I am one of the police-constables of Ux bridge. On the evening of Friday, the 9th of March, I was with Cooper in Rockingham-place, about half-past nine o'clock—there is a beer-shop nearly opposite to where we were—I observed a vast crowd around the beer-shop—the prisoner Latham was much enraged, holding his fist up, wishing somebody to come out, I believe, whom he had been quarrelling with—I believe the persons were in liquor—I did not interfere with them, nor did cooper—they made use of bad language, and called us b—y police and b—y half-starved looking b—s—Pearce used bad language, and said, "B—y police"—neither I nor Cooper took any notice of him—we walked on towards the station-house, followed by a number of persons—Pearce was foremost—I did not see Latham follow, but he hung on Pearce when he was collared—Pearce used language respecting being caught in the barn—I saw Cooper collar Pearce, and Latham hung on him—I aid not see Pearce do any thing to Cooper before Cooper took hold of him—when I got to the station-house, Cooper endeavoured to pull Pearce in, and La tham hung on him—we succeeded in getting them both into the yard, and shut the gate—we got them into the charge-room—there was a great struggle between Pearce and Sergeant Cooper and Latham—Pearce was on the ground, flat on his face, and Latham on the top of him—there is a strong-room near the spot—I went to open it, by the desire of my sergeant to get the prisoners in—after I returned from the strong-room I was Latham on one knee, making two distinct stabs as it were at Cooper, who said, "I am stabbed; run and get the men up"—I did not hear what passed from Pearce when the sergeant said, "I am stabbed"—but I heard Latham, when he stabbed him, say, "Take that, you b—r"—I went for the policemen, who were resting, to take their turn at twelve o'clock at night—Latham and Pearce had got away, when I returned from calling the men, and I found the gate of the station-house yard had been burst open—I did not see the female prisoner till she was brought in in custody—I did not hear what passed with her—while Latham was in the charge-room, after hearing a cry that the man was stabbed, I saw something shine in Latham's hand—I cannot say what it was.

JAMES DARVILL . I am constable of Uxbridge. I was in the town on this Friday evening, about half-past nine o'clock, and saw a disturbance at the station-house—I went towards it, and found about a hundred or more persons about the gate—I saw the female prisoner there—she was against Pearce and several more, trying to burst the gate open—five or six of them were rushing against it at once—I pushed her away—she went into the road—I pushed Pearce from the gate, and I saw her throw some stones three times—I heard her say, "I hope the b—r is dead"—I saw Pearce and Latham both—Latham was a little on the other, side—Pearce was with her—Latham was seven or eight yards from the other two—I did not hear Latham say any thing at that time—it might be a quarter of an hour after—I did not come there till after they had got out of the station-house.

Cross-examined. Q. When you saw Latham, was he bleeding? A. Yes, a great deal from the head.

GEORGE AUSTIN . I am a baker living at Uxbridge. I was in the station-house about half-past nine o'clock on Friday evening, the 9th of

March—I observed a congregation of people, and the prisoners in remark able manner among them—by their manner of acting, they evinced them selves as the chief conductors of a riot—the woman was urging on a number of people to do mischief, and the male prisoner was acted upon by her in an especial manner—I did not hear her say any thing, because I am deaf, but I saw enough to convince me she was the ringleader of the disturb ance—I imagine there were a hundred people there—I did not observe any thing in Latham's hand, but I saw it in an attitude which made me conclude there was something in it—he was in the attitude of striking a blow at some one, unperceived by me behind the gate—I heard him say, "God strike me b—y dead, I will stab him"—I afterwards went to the station-house—this was opposite the station-house—I went for Mr. Patten, the surgeon.

Cross-examined. Q. Are you any thing besides a baker? A. I am a baker by profession—I include the business of corn-dealer—a baker is my ostensible business—I have no extra business—I do not hold forth my where—at the time I speak of, Latham was bleeding—I did not notice whether it was a great deal—I remarked a disfiguration on his head.

MARY GRENVILLE . I am the wife of Joseph Grenville, a brazier, living at Uxbridge. I was near the station-house on Friday night, the 9th of March—I saw the female prisoner in the street, by the station-house, about three yards from the gate—she and two more were jumping at the gate to break it open—I saw the male prisoner come out at the gate—Clements patted him on the back, and another, but I did not observe the other—she said, "You b—r, I have pluck enough to release the whole of you"—she tucked up the sleeves of her gown, and challenged to fight anybody.

Cross-examined. Q. What are you? A. The wife of John Grenvile—it was when they came out that she patted Latham on the back.

SOPHIA GROOM . I am the wife of Edward Groom, of Uxbridge. On this Friday night I was disturbed, by a noise at the station-house—I got up, went towards the place, and saw Latham among other persons there—I observed where he stood, and in the course of the evening I found a knife about half a yard from where he was standing—I gave it to my husband—Murray called at my house the next morning, and I deliver ed the knife to him.

CHARLES JAMES MURRAY . I am a constable of Uxbridge. I produce knife which I received from Mrs. Groom on Saturday morning, the 10th of March—I observed blood on the handle of it.

Cross-examined. Q. None on the blade? A. None—I have kept it ever since—I saw Latham standing not far from the gate—he told me he had been knocked or chopped down—he was bleeding very much—I left him there—I then went to the station-house, and understood the policeman had been stabbed—I went back and found Latham standing in the same place as I had left him—he appeared very weak from the loss of blood.

CHARLES PATTEN . I am a surgeon, and live at Uxbridge. On Friday evening, the 9th of March, I was called in to see sergeant Cooper—I went to the station-house—he had received a deep punctured wound in the fleshy part of the left leg, and a very slight wound in the thigh of the same side—the wound in the leg was a very deep wound, and appeared to be made in two directions—a triangular wound—it was extremely dangerous, at tended with a great deal of haemorrhage—the knife produced is pre cisely the kind of instrument that would have inflicted the wound—it ap pears like a half-worn-out oyster knife.

Cross-examined. Q. Did you examine Latham? A. I did—I dressed wound, and had part of the hair shaved away to apply a plaster to it.

MR. CLARKSON . Q. Was it such a wound as a man might have inflicted with a constable's staff? A. Very likely.

(John Stevens, a shoemaker, of Uxbridge, and Mary Brown, of Uxbridge, gave the prisoner Latham a good character.)

LATHAM — GUILTY . Aged 19.— Transported for Fifteen Years .

CLEMENTS — NOT GUILTY .

981. DENNIS RAGAN was indicted for a rape.

NOT GUILTY .

Fourth Jury before Lord Chief Baron Abinger .

982. WILLIAM HARDWICK was indicted for unlawfully, mali ously, and feloniously assaulting Peter Thirion , on the 24th of February , and stabbing and wounding him on his neck, with intent to maim and dis able him.—2nd COUNT , with intent to do him some grievous bodily harm.

MR. CLARKSON conducted the Prosecution .

PETER THIRION . I live at No. 9, Ray-street, Clerkenwell, and am a skin-dresser. The prisoner had been in my employ about eighteen months—I had advanced him some money in December last—that was the first me—I advanced him more again in February—he worked by the piece—owed me some money—he owes me 10 s . now—on Saturday, the 24th of February, I paid my men as usual—one of the shopmen who says the men was to deduct what the prisoner owed me—about half-past seven o'clock that evening I was sitting in my parlour, and heard the pri soner ask if his master was in—I went to the door immediately, and said, What do you want, Bill?"—his reply was, "You have sent me home without money"—my reply was, I could not make more of him than I did with the rest of the shopmen—he directly after tried to catch hold of me—was at a distance from the half door, and he was outside it, leaping over—he tried to catch hold of me, with his left hand, by my coat, and he drew a knife from his coat pocket, where he had it inside, and got it ready will give me a stab—I rushed from him, and called out, "O my God"—I observed him put his hand inside his coat, and saw a handle as if it was a knife—he had caught hold of my coat very slightly, but I got from him, exclaiming, "My God, I am going," and ran away—I heard the half door burst open—he caught me, and as I was opening the shop door he stabbed me—I do not recollect any thing further for a few minutes till the witness Finnegan took hold of me—I was not aware that I had been stabbed for two or three minutes—I did not feel any blow at the time—I fainted away, and when I recovered I saw Finnegan holding the prisoner round the waist,—I sung out, "Martin, take care, he has got a knife in his hand"—I found I had been stabbed—I knew I had had a blow on my neck, but whether with the blade or handle of the knife I could not tell at the moment—I sent for a surgeon—I afterwards saw a knife which was found, and it is the very knife the prisoner drew out of his pocket—I know it by the handle—he used it in his employ—I had seen it often before—I was laid up for six or sever days—I had more clothes on than when I am at work—I had a coat, waistcoat, shirt, and flannel shirt on—I have got the coat here which I wore—there are two cuts in the back and one in the collar.

Cross-examined by MR. PHILLIPS . Q. The poor man, I believe, the week before had buried one of his children? A. I understand so—I do not

know whether he has three remaining—I cannot tell whether he was in a state of great distress—he has always had good employ from me—we were slack a few months back—he can earn from thirty to forty shillings a week, and I pay him beforehand—I did not on this occasion threaten to kick him out of the house, nor attempt to kick him.

MARY EADES . I am housekeeper to the prosecutor. On Saturday, the 24th of February, I was at home—the prisoner came and asked if his master was within, and stated that he had a child dead, and a girl lying it—I heard that, and I heard the prosecutor afterwards exclaim, "Oh, my God, I am going"—I went out into the passage, and saw the prisoner holding the prosecutor with one hand, and the other hand at the back of his neck, and in a faint voice the prosecutor said, "He has a knife in his hand"—after it was all over I picked a knife up in the passage, and gave it to a policeman of the E division—I saw the place where the prisoner was standing—I did not see any thing in his hand—I was very much alarmed—I picked up the knife close to where I saw him holding the pro secutor.

JAMES ERANNAN . I am a policeman. I received the knife from Eade—the prosecutor's clothes were marked with blood, and cut.

Cross-examined. Q. Did you take the prisoner into custody? A. Yes on the 15th of last March—I did not find him at home—I tool him a No. 1, Black Swan-court, Golden-lane—he does not live there—I produce the knife.

MART EADES re-examined . The police were sent for after it happened and declined to take the prisoner, because they had not seen the assault—they were very abusive, indeed—that is the knife I gave to the policeman.

STEPHEN JOHN PEACH PARKER . I am a surgeon. I was called in to attend the prosecutor on the evening of the 24th of February, and found on the back of his neck a wound about half an inch long, directly over the spinal bone, and three-fourths of an inch deep—it must have been inflicted with some degree of violence—there was about three tea-spoonfuls of blood from it—he was under my care about seven days—such a knife as that produced would inflict that injury—the spinal bone would present considerable resistance to a blow of this kind.

Cross-examined. Q. You found only one wound? A. Only one.

(The prisoner received a good character.)

GUILTY . Aged 29.— Recommended to mercy by the Jury .— Confined Two Years .

983. HENRY PAINE and JOHN STONE were indicted for feloniously breaking, and entering the dwelling-house of George Harding , and steal ing 1 tea caddy, value 32 s .; 1 sugar basin, value 8 s .; 1 decanter stopper, value 6 d .; and 3 printed books, value 3 l .; his goods: 1 Printed book, value 12 s ., the goods of Harriet Harding : and MARY HILL for feloni ously receiving the said tea caddy and sugar bason; well-knowing then to have been stolen.

HARRIET HARDING . I am the daughter of George Harding, and live with him. On Thursday evening, the 2nd of March, I left the parlour at a quarter past six o'clock—on returning, at a quarter to seven o'clock, I found half the blind open, and the articles in question stolen from the op posite side of the room—I found a decanter taken out of the cupboard, and placed on a chair; a tea-caddy, a glass sugar-basin, and five books, were taken from the sideboard on the other side of the room—the decanter was left

on the chair—the books were, the Penny Magazine, one Bible, two Prayer Books, and the History of Maple Church—the small Prayer Book, with a silver clasp, was mine—three books were my brother's—that is one volume the Penny Magazine—the History of Maple Old Church—the Bible is my father's—the books were worth 1 l . altogether—I found the windows shut, as the line was out of repair, and it would not keep up—if thrown up it falls down again—the catch of the window was not fastened when I left a room, but the window was shut down, and the Venetian blind was shut down, and fastened with a small button, or bolt—anybody, by throwing up the sash, could open the blind—I did not notice whether the bolt at the bottom had been forced.

THOMAS LAWRENCE , (a prisoner.) On the evening of the robbery Stone and Paine asked me whether I would go with them—I went with them to Helmet-row, and stood about there a long time—then Paine and Stone went up to the prosecutor's window—I was a little distance from them—they came, and said, "Now then, come along, it is all right"—they told me to get in at the window—I asked them what I was to give them when I got in—they said "Any thing"—I put my foot on a bar by the side of the house, and got in at the window, and gave them out the tea-caddy and some books—the window was open, the sash shoved up, the blind was open—I gave them out a tea-caddy and some books—Payne took them—there was a decanter I had in my hand, but I heard somebody coming, and put it down, got out of the window, and ran away with the stopper in my hand—I met Paine a little way from the place, and we went to Stone's house, and the property was there on the table—I stopped there some time, and then went home—I went there again at eight o'clock the next morning, and in about half an hour a boy named Cox came, and he was going to the pawnbrokers, and they asked him to pledge the books—he took them, came back, and said they would not take them—Paine and Stone were both in the room at the time Cox went away—he brought them back the prisoner bill and another young woman came in soon after, and then Mrs. Stone came in out of the country—we had not been there long before the officers came and took us into custody—I do not know that Hill did any thing—she was in the room—when the officers came Paine and Stone were gone out—they were in the room when Hill came, and she asked Stone if his mother was come home, as he expected her—Hill sells fish in Whitecross-street—the books were not there then—I do not know what had become of them—the tea-caddy was there—Mrs. Stone came in, and Paine and Stone went out to get some shavings for a dog to lie on, and the policeman came and took me and Hill.

JAMES BRANNAN . I am a policeman. In consequence of information on the 3rd of last month, I went to No. 12, Graham's Buildings, Twister's alley, St. Luke's, to a front room—I saw Hill, Lawrence, and another female—Hill and another fe male were sitting on a bed—a young man sitting between them endeavoured, as I thought, to conceal something underneath the bed clothes—I proceeded to search towards the bed—the prisoner, Hill, said, "That is Mrs. D. V—" What is?" said I—"The box," said the—I asked her what box—the other female replied, "The work-box"—on search ing the bed, I found the caddy and sugar basin inside it—I also received a boot from Lawrence, which corresponded with a mark on the chair in Mr. Harding's parlour—after he had been discharged by the Magistrate, I saw something which induced me to take him into custody again—I saw him Judge the other prisoners, and very anxious to get away—winking at them

—I followed him to his lodgings in company with Davis, and asked him tolet me look at his boot—he said, "No," that he was discharged by the Ma gistrate, and I had no business to interfere with him—I said, "Just allow me to look at your boot, if you please"—he held up his right foot—I said "Let us look at the other"—it is a remarkable boot—some of the nails are out of it—I got it off, and took it to Mr. Harding's—the nails correspond ed with the marks on the chair—I came back, and cautioned him of the im-propriety of saying any thing—he said, "I will tell you about it: I have been put into the window by Paine and Stone, and I handed out the caddy and books in question"—the Magistrate committed Paine and Stone on the evidence of the witnesses, Peck and Chetwood—Lawrence was dis-charged at first, but afterwards admitted as evidence for the Crown.

Cross-examined by Mr. DOANE . Q. Was there a box in the room? A. Only this caddy.

MATTHEW PEEK . I am a policeman. On Saturday, the 3rd of March in consequence of information, I went to the bottom of Twister's-alley, and took Stone into custody—I told him it was for the tea-caddy and I back which we had found at his mother's house—he said he bought the caddy in Petticoat-lane for 2 s ., and knew nothing about the books—on Monday when he was being taken to the Magistrate, I showed him the caddy under the servant's arm, and he said that was the tea-caddy he had bought.

JOSEPH PATRICK . I am a pawnbroker. On Saturday, the 3rd March, the prisoner, Stone, offered a prayer-book with silver clasps, and lessons bound in it—the foreman asked who it belonged to—I was there—he said a person at his house—we did not think ourselves justified in it, because it did not exactly answer the description given in the mori-nig and knowing him as a customer, we asked him to fetch the person it belonged to—he did not return—he did not leave the book with us.

ELIZABETH DOWNS . I live in Graham's-buildings, Twister'w-alley. On the 26th of February, the prisoners came into the lower room—I saw then move some furniture, and saw Hill and Payne two or three times in the course of the week backwards and forwards, but I saw nothing of the rob-bery whatever.

PHILIP CHEETWOOD . I am a policeman. From information I received I took Paine into custody, on the 3rd, at the corner of Twister's-alley—I asked if his name was not Paine—he denied it, and said it was Harns—I asked why he should deny it, his name was Paine—he said, "NO," it was a nick name he had—he denied it till the charge was taken.

Cross-examined by MR. PHILLIPS . Q. Then it is not true as Lawrence has said, that Paine and the rest were taken in one room? You took him in the street? A. I did.

EVAN DAVIS . I am a policeman. On the 3rd of March, Sergeand Brannan sent for a constable—I went with him and took Hill and Elsley—Elsley was discharged—I took them for concealing the tea-caddy in the bed clothes.

GEORGE HARDING . That is my tea-caddy—( looking at it )—I know it again—the books have not been found.

STONE †— GUILTY . Aged 18.— Confined One Year .

PAINE — NOT GUILTY .

HILL — NOT GUILTY .

984. MARY LIPSCOMB and SARAH PITHERS were in dicted for feloniously breaking and entering the dwelling-house of John Jones , on the 17th of March , and stealing therein 1 towel, value 6 d .; 1 goe-box, value 1 s .; 3 dice, value 3 s .; 1 canvas bag, value 1 s .; and 1 made shirt, value 2 s .; the goods of David Lloyd Jones : 2 sheets, Value 4 s .; 1 counterpane, value 1 s .; 2 caps, value 6 d .; 1 pair of ear-rings, value 8 s .; 1 ear-ring, value 5 s .; 1 pair of bracelets, value 5 s .; 12 window certain, value 18 s .; 1 bread basket, value 1 s ; and 2 pillow-case; the goods of the said John Jones.

JOHN JONES . I am a baker, and live at No. 3, Lisson-street, in the pa rish of Marylebone. On the night of the 17th of March I went to bed at twelve o'clock—the door was fast then—I got up at eight o'clock in the morning, and found it broken open, and missed the articles stated—some belong to me, and some of them to my son, David Lloyd Jones—the bracelets, ear-rings, and linen belong to me—the dice-box being gone first caught my attention—I then found a bag of dirty liner-emptied info gone I have found since a shirt cut out ready for making, which was on a chair an my house that night, and a counterpane which it was wrapped in—I found some of these things at No. 8, Providence-place, and some. at No. 91, Salisbury-street—I knew the prisoners by seeing them come to the next room to me a few days before—they used to come up and down stairs, as Lipscomp's sister lodged there—the house is let onto in lodgings—they had room of their own, and I have a room—I have only two room in the house—the landlord does not live there—I missed the things from my two rooms—both the prisoners used to come to the house—I left my key over the door when I went out.

DAVID LLOYD JOKES . My father and I went onto on Saturday night—came home before my father, and missed a dice-box about twelve o'clock—my father came home about half-past twelve o'clock—I 'told him I missed the dice-box—we missed nothing else that night—the next morn ing I missed a towel, marked with my name—I went out on the landing, and missed a canvas bag and a lot of other things—suspicion fell on the people in the next room—my father has a latch-key of the street door—the rooms are locked up separate from the rest of the house—no other lodgers go into his rooms.

MARY ANN PIEMAN . I live in this house. On Saturday evening I rent up stairs to Mrs. Sawyer, who was going to remove, to bid the children good bye, and met Lipscomb on the stairs—she came up—I said, "Good bye, Mary"—she said, "I want to speak to you"—I said, "Make haste, for my mother wants me"—she said, "Do you know where old Jones keeps his key/"—I said, "I believe he puts it over the ledge of the door"—I came down again to my mother—I was up stairs nearly all the evening, and saw the prisoner Lipscomb come and offer Mr. Spinks sixpence—Mrs. Spinks said "Your sister had better come, we will have it all settled together—then the two prisoners go over the way with two bundles, and I saw no more of them—I did not see her take Jones's key—I saw her came out of Mrs. Spinks's passage soon after Mr. Sawyer's things were moved out of her room—I then saw the two prisoners come out with two bundles—I did not see them take the bundles into any shop—I saw them cross Over the way with them.

Lipscomb. Q. Were not in in the room? A. No; I know nothing about it—I never went into the room at all.

WILLIAM SPINKS . I live in the same house as the prosecutor. On the night the robbery Lipscomb brought me 2 s . 6 d . out of 3 s . which her

sister, Mrs. Sawyer, owed me—I refused to take it—I saw her go over the way with two large bundles after her sister had moved all her things out of the house—she went across the street from the street door—the other prisoner was with her, and she had a bundle also.

JURY . Q. How long was it after her sister's things were removed A. This was between eight and nine o'clock at night, and her sister move in the afternoon.

THOMAS HENRY THOMPSON ( police-constable D 4.) On the 18th of March I went to No. 8, Providence-place, and went into the front parlour, and found the prisoner Pithers and her brother there—I said I had come to search the place—the man Pithers asked me what for—I told him for a robbery in Lisson-street, where Mrs. Sawyer had lived—he said I might search the place; he knew nothing about it—I proceeded to search, and in a trunk found a shirt unmade—I had Mr. Jones and his son with me—the son said it was his—I then found a counterpane, and the elder Jones owned that—while I was searching the box, the man said he knew nothing of what was in the box, and was quite innocent—I told the prisoner Pithers I must take her to the station-house—in going along 1 asked her where Mrs. sawyer your had gone to live—she said, "At 91, Salisbury-street"—I left her at the station-house, and proceeded to No. 91, Salisbury-street with the two Joneses—I went to a room—Pithers told me it was the top room, and they rented the floor—I went into the room, and found Mrs. Sawyer and the prisoner Lipscomb there—I asked Mrs. Sawyer if it was her place?—she said, "Yes "—I said I had come to search it—she said, I was welcome to search it—I asked if she knew what I was to search for—she said she did not—I said a robbery was committed in the house she had moved from—Tate, my brother officer, was with me—I left him there, and I went into the back room, and found three sheets behind the door, which Jones claimed—I found two pillow-cases and two caps—I then went into the front room and told Mrs. Sawyer what I had found—she said she knew nothing about it, for the things I had found were brought there by Lipscomb to be washed—Lipscomb was present—I went to a cupboard in the front-room and found the dice-box, which Jones's son claimed—I took a towel off the cupboard-door with Jones's name in full on it—I said to Mrs. Sawyer, "I must take you, and also your sister"—I said to Lipicomb, "Come, give me all the duplicates you have about you"—she said she had got none—I said, give me what you have got"—she put her hand into her pocket, and gave me a little box—I opened it, and found three dice in it—in taking her to the station-house, I told her she had got into a mess—she said she was not the first that went into the room, that Mary Ann Pieman went into the room first with a light, and took the trinkets out of a box behind the door—I have not found any trinkets—Mrs. Sawyer was discharged, and also the man Pithers—the house I searched belongs to the man Pithers—he said he rented the room—I asked him if the prisoner was his wife—he said no, she was his sister, and she lived there with him—when I found the sheet, she claimed it as hers—she said nothing about the countepane' when Mr. Jones claimed it, she cried.

( Property produced and sworn to .)

Mpscomb's Defence . I know nothing about it—my sister is more to blame than I am.

LIPSCOMB — GUILTY . Aged 19.

PITHERS — GUILTY . Aged 17.

of Larceny only. Confined Six Months .

Third Jury, before Mr. Recorder .

985. JOHN FENTON was indicted for stealing, on the 12th of March , 1 pair of trowsers, value 5 s .; 1 waistcoat, value 4 s .; 1 pair of thoes, value 1 s .; and 1 handkerchief, value 1 s . 6 d .; the goods of Ed mund Lathbury .

EDMUND LATHBURY . I formerly lodged in Little George-street, Hamp stead-road—the prisoner lodged in the same room. On the morning of the 12th of March, when I got up, I missed these clothes, which I had worn the previous day—the prisoner was then gone, and his clothes left behind—I afterwards saw him in custody, with all my things on.

FERDINAND JOHNS . I live in Little George-street, and keep the house. found the prisoner at the Cock public-house, Brook-street, New-road, and charged him with stealing these things—I gave him to the constable.

WILLIAM BARNETT ( police-constable S 25.) I saw the prisoner at Mr.Johns's, and asked him whether he took the clothes in mistake—he said no.

( Property produced and sworn to .)

GUILTY . Aged 18.— Confined Six Months .

986. ROBERT GORDON was indicted for stealing, on, the 24th of March , 1 watch, value 5 l .; and 1 chain, value 1 s .; the goods of Elizabeth Barraclough .

ELIZABETH BARRACLOUGH . I live in Curzon-street, and am single. On the 24th of March, I was in my kitchen, and Mrs. Lenel, who works for me, was in the parlour—she came to the head of the stairs, and gave me notice that my apartments which I had to let, were inquired after—I went up, and saw the prisoner at the parlour door—while I was telling him what I had to let, Mrs. Lenel asked me if I had my watch—I said, "No, I have not, it is on the mantel-piece"—she said, "It is not there"—I looked and missed it—I seized the prisoner by the collar, and said he had it—he said he had not—I said, "You have, and shall not go till you give it to me"—I pulled hint in to the parlour, and called Mr. Dungey, who was putting down an oil-cloth—the prisoner then put his hand into his pocket, put the watch on the table, and said, "There is your watch"—I said, "You have put it there"—he said, "I have not"—Mr. Dungey came up, and secured him.

WILLIAM DUNGEY . I live in Little Chelsea, and am a cabinet-maker. I was in the kitchen, and heard the prosecutrix call out—I came up, and she said, "This man has stolen my watch," and said, "Give it me directly," said, "Come; deliver it up directly"—I saw him take the watch from some part of his person, and put it on the table.

( Property produced and sworn to .)

Prisoner's defence . I admit having taken it into my hands to inspect it; the reason I did so was, because it was similar to one I had about three and a half years ago.

GUILTY . Aged 35.— Transported for Seven Years .

987. LUCY PATRICK was indicted for stealing, on the 12th of March , 1 table-cloth, value 1 s .; and 1 sheet, value 4 s .; the goods of Na thaniel Fountain , her master.

NATHANIEL FOUNTAIN . I keep Marquis of Granby public-house, St. Pancras. The prisoner lived with me for about three weeks—I was present when my wife asked the prisoner to produce the sheets of her bed

and a table-cloth which had been given to her, and she said she had pledged them.

JAMES PORTER ( police-constable E 85.) I was at Mr. Fountain's as Sunday evening, after the 12th of March, when the prisoner was accused of another robbery in the house, and she consented to Mrs. Fountain searching her—she said she was not in the habit of pawning, and had as duplicates about her—she afterwards gave me her pocket, and I found for duplicates—one was for a sheet, and another for a table-cloth.

JAMES MILLS . I am shopman to Mr. Attenborough, of Charlotte-street I produce a sheet, pawned on the 12th of March, in the name of Ass Patrick—I do not know who by, but I gave the ticket which has been pro duced for it.

NATHANIEL FOUNTAIN re-examined . This is my sheet.

GUILTY . Aged 37.— Confined Six Months .

(There was another indictment against the prisoner.)

988. JOHN HARRIS was indicted for stealing, on the 24th of March , 3 pewter pots, value 2 s . 6 d ., the goods of George Caslake .

THOMAS JENNINGS . I am potman to George Caslake, at the Boston Arms, Preston-street, Regent's-park. On the morning of the 24th of March, I saw the prisoner with a bag—I followed him up Park-terrace—he ran as soon as he saw me, and I after him—he dropped the bag—I caught him—he said, "Don't give me in charge, if you please "—I gave him to the policeman, brought him back, picked up the bag and the pots in it, which belonged to my master.

Prisoner , As I went up Preston-street, a young man put a bag in to my hand, and said, "Here, young man, here is something for you"—I heart a cry of "Stop thief"—I immediately ran after him, and the young man caught me—I said, "Are you going to blame me for it?" Witness . He said nothing about another man—he owned the bag, and said they were the first pots he had ever stolen.

THOMAS KENNY ( police-constable D 46.) I saw Jenning running after the prisoner—he came in a direction from the Sovereign public-house—I saw the bag produced, and asked him if it was his—he said it was—I asked How the pots came in it—he said they were the first pots he had ever ( Property produced and sworn to .)

GUILTY . Aged 24.— Confined Three Months .

989. DANIEL WILLIAM M'LAUREN was indicted forstearling on the 31st of March , 10 handkerchiefs, value 5 s ., the goods of Gilbert Orme .

GEORGE COLLYER ( police-constable E 38.) On the 31st of March I saw the prisoner running down Great Russell-street, from the Prosecutor's shop, with a bundle under his arm—I stopped him, and asked what he had there—he threw the bundle down—I picked it up, and took him back to the prosecutor's shop, and he identified ten handkerchiefs which were in the bundle.

Prisoner . It was given into my hands by a carroty-headed young man Witness . He was alone, and not ten yards from the shop when I stopped him—if there had been another young man I must have seen him, for I saw the prisoner come from the shop.

GILBERT ORME . I am a linen-draper, and live in Little Russell-street,

Govern-garden. This piece of cotton handkerchief is mine—it was secured by cord to my shop—it was half-past seven o'clock when I last saw it—the prisoner was stopped ten or a dozen yards off.

GUILTY . Aged 17.— Confined Three Months.

990. JOHN GREGSON BUCKLEY was indicted for bigamy.

WILLIAM BUCKLEY . I live at the Metropolitan Asylum, Ball's Pond; the prisoner is my son. I was present when he was married to Eliza Wild Woble, at St. Dunstan's-in-the-West, on the 25th of December, but I cannot ascertain the year—it was about nine or ten years ago—they lived together about two years in my house—I saw her alive last Monday.

Cross-examined by MR. PAYNE . Q. Where did they live after marriage? A. I believe along with her father and mother, before they came to be with me—my son has been a soldier, and was at the battle of Waterloo—he was an assistant officer of Excise ten years—I have seen him with Jane Harman, his second wife, at times, but her conduct was most Horridly had—I cannot tell why the first wife and he parted—I do not recollect their living together after the two years—not constantly.

RICHARD COWDEEY . I am parish clerk of St. Dunstan's-in-the-West. produce the marriage register for 1828—on the 25th of December in that rear, I find John Gregson Buckley and Elizabeth Waite Noble were parried by banns—William Buckley is witness to the marriage.

WILLIAM BUCKLEY re-examined . That is my signature in the register, and I find my son's writing here.

JANE HARMAN . I live in Stepney-green workhouse. I became ac quained with the prisoner in 1834—he represented himself as single—named him on the 16th of August, at Kennington, New Church, and lived with him several months—I have bad a child by him—he left me very heavy with the baby, without any habitation—I wag obliged to go on the pariah—he left me destitute, and what clothes I bad he took from me, without leaving me even a pair of stockings, except what f bad on—I flew in the face of my father and friends and everybody for him, when his con duct was bad, and then I bad nobody to go to—the parish found be was a married man.

Cross-examined. Q. Did not you live with him before you were married? A. I cannot say I did not—I did not press him to marry me, it was his own inclination—I had no property—my father did not turn me out of doors—I lived with him in the country—we came to town together, and lived in the Borough—he has deserted me since the 10th of October—he brought me up from the country the last time, and left me in a coffee-shop—he had ill-used me in the country, and knocked me down several times—I have had bruises on my stomach from his ill-usage—he took me to a coffee-shop, in town—I went away for less than twenty minutes, and when I came in I found him gone out—I was married before the child was born—my conduct was not violent towards him—that I will swear—he did not tell me before he married me that he was married to another person—I did not know his wife was living—he said at the station-house that I knew of it, but I did not know it—I have never said he told me he had another wife, and that I thought he was joking—I had not the least idea of it—I was married before the child was born, but that child is dead.

COURT . Q. How old were you when he introduced himself to you? A. I am now twenty-seven—I was then about twenty four—he made no

promise of marriage when I first became acquainted with him he said, must trust to his honor, and he certainly performed what he said be would.

MR. PAYNE . Q. You do not know of his seeing his first wife while you were with him? A. No; but I have passed the door where his first wife lived with him, but I did not know she lived there.

ELIZA WIGGINS . I live in Kennington-oval. I was present at the marriage between Harman and the prisoner, on the 16th of August, 1838 at St. Mark's church, Kennington.

WILLIAM EASTER . I am parish clerk to the district church of St. Mark, Kennington. I produce the register—I find a marriage between John Buckley, bachelor, and Jane Harman, by banns—I recollect wiggins being there—she has signed the register.

GUILTY . Aged 40.— Confined Twelve Months .

991. RICHARD SKATES , MARY ANN M'CARTY , MARY CAR ROLL , and MARY MORGAN , were indicted for stealing, on the 23rd of March , 4 handkerchiefs, value 20 s ., the goods of Thomas Foster ; and that Mary Ann M'Carty had been before convicted of felony.

SAMUEL WARD . I am shopman to Thomas Foster, a linen-draper, in the Oxford-street. On the afternoon of the 23rd of March, I saw the three female prisoners in the shop, about four o'clock—Carroll and Morgan first came in, and asked to look at some silk pocket-handkerchiefs—I showed them some—they objected to the price, and went out—they came in again in a few minutes in company with M'Carty—they bought one hand chief between them—it came to 3 s . 6 d .—M'Carty gave me the money for it, and they left the shop—in consequence of information which I received from a person named Lathart, I missed from the windows two pieces con taining four handkerchiefs, one three, and the other a single handkerchief.

JOSEPH DAVIS LATHART . I live in Bath-place, Bayswater. On the afternoon of the 23rd of March I saw the four prisoners together in my Oxford-street—I followed and saw them go into several shops—M'carty and Morgan went into the first shop, Carroll waiting outside—the next shop they went to, the three women went in, and the man remained outside—they went down Oxford-street, by Foster's shop, to Mr. Taylor's—I met a policeman, and told him my suspicions—we followed—they met some more companions, and went over to a public-house, after which they left their companions—they went over to Mr. Taylor', the three women going in, and the man remaining outside—in a few mimutes Carroll came out with something bulky under her cloak, and turned up Hanway-yard—the man followed her close up—I did not see M'carty or Morgan in Foster's shop—I saw three loose handkerchiefs drop from M'Carty at the station-house, and a red one from Morgan—I met them, I suppose, after they had been into Foster's shop.

Skates . I was with three young men, not with these women. Witness . He was with the three women—they went westward, then came back, and went eastward.

COURT . Q. Was he joining them from time to time? A. Every time they came out of the shops he joined them—I was watching them for above three quarters of an hour—I counted five shops that they went in to.

JOHN SMITHERS ( police-constable C 71.) I saw the three prisoner's at

Mr. Taylor's shop—the male prisoner was standing outside—I saw Carroll come out with something bulky under her cloak—Skates followed her down Hanway-yard—Leonard laid hold of Carroll, and a roll of serge fell from her—I secured Skates—they were looking at table-cloths, at Taylor's—I thought M'Carty was concealing something under her shawl—I took Skates back into Mr. Taylor's shop—he asked me where I wasgoing to take him—I said, "To the station-house"—he said he should not—he tried to get away from me, and threw me down an area at the house—I saw this handkerchief fall from one of the three women.

WILLIAM BALSTER . I am shopman to Henry Taylor. I saw the three female prisoners in his shop—they asked to look at some table-covert—two of them came up to the counter, and one stopped at the door—I saw no more of them then—the two looked at table-covers, and in a few minutes the policeman and another man brought in the male prisoner and he other female—it was about half-past six o'clock.

Morgan. I did not drop the red handkerchief. Witness . She did, M'Carty dropped her apron over it.

SAMUEL WOOD re-examined . These handkerchiefs are the tame pattern and quality as we lost from the shop—I believe them to be ours—no one was in the shop when the three prisoners came in.

Defence . I was in Oxford-street, with three young men—I at into a public-house, and met these young women—they all went in have something to drink, and came out—the three women went one way, and I the other—the policeman came and shoved me into the shop, and afterwards crossed the road, and said he was going to take me—three more young men were in company with the women, as well as myself—I ever taw the women before that day.

WILLIAM FEATHERTON ( police-constable N 7.) I produce a certifi cate of M'Cartby'4 former conviction, which I got from the office of the Clerk of the Peace for Surrey—I was present at her trial, in May, 1837—she is the person who was then convicted—( read .)

M'Carthy's Defence . I was innocent of it—my husband promised a boy 10 s . to come against me on that occasion. Witness . I know of nothing of the sort—I have no reason to believe it was a conspiracy—she was con victed the name of Hamilton.

SKATES *— GUILTY . Aged 23.

M'CARTY *— GUILTY . Aged. 23.

Transported for seven Years .

CARROLL — GUILTY . Aged 16.

MORGAN — GUILTY . Aged 16.

Confined Twelve Months .

NEW COURT .— Thursday, April 5 th , 1838.

Fifth Jury, before Mr. Common Sergeant .

992. WILLIAM TOWNSEND was indicted for stealing, on the 6th of March , 1000 bricks, value 1 l . 10 s ., the goods. of Thomas Grissell and another.

JOHH CURNOCK . I live at No. 19, Wharf, Padding ton, and am a car man. I contract with Messrs. Grissell and Peto, to cart bricks to the Western Railway, from the wharf—the prisoner was my carter—on the 6th of March, it was his duty to drive the bricks down the Harrow-road, to the

Red Lion, Westbound-green—he had no business in Horrox-street—that is directly out of the way.

JOHN DRURV . I live in Horrox-street, Marylebone, and am a labourer employed on the Great Western Railway. I know Curnock's caru—on the 6th of March, at six o'clock in the morning, I saw the prisoner and another man in Horrox-street, each with a cart loaded with bricks—there was a butcher's cart against a stable gate, and they were shifting it away that they might shoot the bricks—Townsend first shot his load of bricks, against the stable door, and then the other man shot his bricks down—I know they was both Curnock's carts—I took up one of the bricks in my hand, after they were shot out, and there was the letter A on it, which is the same sort brick that were used on the works—I have no doubt of the prisoner being one of the men—the carts were loaded with five hundred each—I told my foreman of it, and brought him to the place where the bricks were shot.

Cross-examined by MR. PHILLIPS . Q. When did you tell your form man? A. I did not see him till the Wednesday, and I told him between nine and ten o'clock—I was never taken up—I was taken up in a false case—I did not swear I was never taken up—I did and to Marylebone-office—I was only examined once—there was another young man and me together—he took it from his father—I have never been at Marylebone police-office but that once—I have been there many time to see a friend, when there were bits of rows —I will not swear I have not been there twenty times, or a hundred times—I never was under any change but the lead—I swear that I was never charged with stealing any thing else neither there nor any where else—I know the brick bridge in the Harrow road—I cannot tell How far that is from Horrox-street.

JAMES LAUOHTON . I am foreman to Thomas Grissell and Samuel Poet, they are doing the work of the Great Western Railway. On the Wednesday, I was informed of something by Drury—I went to Horrar street, and saw some bricks there, but Sid well's cart had taken the greader part of them away—I believe them to belong to my employer—they were marked with the A—I have no doubt they were theirs.

RICHARD RQADKNIGHT ( police-constable T 120.) I took the prisoner at Paddington—I told him it was for stealing some bricks—he said he knew nothing about them—in coming along, he said the men told him the other man was gone away, and asked him if he was going—he said no, he should stand his ground—I then went to see for Sid well, but could not find him.

Cross-examined. Q. Have you not kept back deliberately what was is favorite of this man? A. He said he was innocent—he might have said prove that they saw him at work on the railway that morning at six o'clock—did not think of that at the time, or I should have given it—he said both that a man and two men on the second bridge on the Harrow-road saw him on the works at six o'clock in the morning.

MR. PHILLIPS called

CHARLES SHAW . I am an excavator. I live at No. 2 Wharf-road—I have come from the Chelsea works to-day—I remember Tuesday morning the 6th of March—I saw the prisoner at work about two or three minutes past six o'clock—I heard the clock strike—I do not know Hortox-streets—the prisoner was driving a cart-load of bricks over the brick bridge—a

boy was with him—another horse was drawing him over the bridge—I remember the day, because it was the first morning we were to go home to breaks—we had oar breakfast before we went oat on other mornings—I call it the brick bridge, because there is another bridge which is wooden.

GEORGE HELVEY . I am a son of the prisoner's wife by a former mar riage. I vas with him on Tuesday, the 6th of March—I looked after the other horse—the prisoner called me up at ten minutes before six o'clock—I was at the brick bridge two or three minutes after six o'clock—when I was taking the horse out of the stable the church clock struck six o'clock—Horrox-street is very near three quarters of a mile from the brick bridge—the prisoner went on over the bridge, after I took the horse off—Shaw went order the bridge with my father—I saw Jones there.

JOHN JOKES . I am an excavator on the road. I was with Shaw on this Tuesday morning—it was the first morning we went out at six o'clock to week—before that we used to go at seven o'clock—I did not hear the dock strike—I saw the prisoner on the brick bridge—the boy was with him. NOT GUILTY .

993. FREDERICK SAUNDERS was indicted for stealing, on the 8th of March , 1 shell, value 30 s ., the goods of the Trustees of the British Museum , his masters.—2 other COUNTS , stating it to belong to other persons.

MR. ADOLFHUS conducted the Prosecution ,

THOMAS CLEMENTS . I am an officer of Marlborough-street. Mr. Chil ders, of the British Museum, put this shell into my hands—I took the prisoner hi charge—I searched his lodgings, but found nothing that was identified by Mr. Gray who was present.

JOHN EDWARD GRAT . I am assistant in the Natural History depart ment, "having charge of the shells. The prisoner is an attendant in the British Museum, in the service of the Trustees, and has been so ten or twelve years—I purchased a shell similar to this at a sale, in 1836, for the Museum—I had seen it about two or three months ago—I do not swear to the identity of the shell; but Mr. Sowerby took a drawing of it, and took the shell out to compare it with the drawing—I pat it back again—that shell is not there now—there has been no sale of shells from the Museum.

HENTRY KAY EVANS . I am a dealer in cariosities, and live at No. 282, High Holborn. The prisoner has brought me several shells to sell—on the 12th of March he brought me three—I think I should know them again—this seems to be one of them—it is such a shell as he brought—I sold it to Mr. Sowerby—I inspected it very little—I laced it in my win dow—I am sure it was the same I sold to Sowerby—I had it about three days—I gave 6 s . for the three shells.

Cross-examined by MR. PHILLIPS . Q. you are a good judge of shells? A. No, not particularly—I give what I think a fair value—I have some hundreds—I can swear this is the one I bought of the prisoner, from having placed the three in a triangle in the window—I have always said so—I did say I bought so many shells I could not tell who I bought it of, as I did not wish to get the prisoner into trouble, and he called on me to say he was about: being promoted—I said I did not know who I bought it of—I never said so since I had to attend Marlborough-street—Mr. Childers called on

me, and I wished to evade it, as the prisoner was about being promoted—I never said it to any one else but Mr. Childers—that I swear, and to Mr. Sowerby—he called at the same time—I considered these two gentlemen one—I think they called on me a week after I bought it of Saunders—that was the first application that was made to me about the prisoner—he called two days before Mr. Childers—I think Mr. Childers called on Friday morning—I told them I did not know who I bought it of, as I did not wish to get the prisoner into trouble, not expecting it amounted to felony; and, more than that, the prisoner told me he bought it of a Frenchman—I did not tell that to the Magistrate—I never bought any thing of a person who was transported for selling it to me—they wished me to call at the Museum, and go round to see any one that I had bought of at any time, and I thought it best to say the truth—I never remember purchasing two bot tiles of indigo of a boy—I cannot recollect it—I never bought two bottle of tregonium in my life—I know what you allude to—I never was up a any public office in my life—I never heard of a boy being transported for any regnum which I bought of him.

MR. ADOLPHUS . Q. Had you known the prisoner for some yean? A. Yes—it was at his request that I made the statement I have done—he said he was about being promoted, and he did not wish them to know it—I called on Mr. Childers half an hour after, and told him the whole truth—I was examined before Mr. Dyer, and what I stated was taken down—I am certain that the shell I bought of the prisoner was so set apart that I can be certain it was the same—I placed the three in a tray.

GEORGE BRETTINGHAM SOWERBY . I purchased this shell of Evans, on Monday, the 19th of March, with four or five others—I saw another shell in the window, and then I went in and bought this one, giving 3 s . for it—my daughter had made a drawing of it before, when it was in the Museum, and I knew it not only by the particular marks of the shell, bat there being a small hole on one side of it, which I remembered from the first time I saw it—I made a communication to the Museum—I believe I am considerably versed in shells—I never saw such a one as this before—I consider it worth 30 s . at least.

Cross-examined. Q. At the time you first went in and saw it, was Evans in the shop? A. No, I saw him in about a minute after—I did not ask him any. Question about it then—he did not say any thing at all about where he had it, or How long—I asked the price—he said 3.—I went again on the second day, with Mr. Childers—the prisoner had not been taken up at that time—Evans said he bought so many, he could not tell who be bought it of, or words to that effect.

MR. ADOLPHUS . Q. How long had you seen it before you bought it? A. I should think twelve months—it did not immediately strike me as being the shell—when I first saw it I was very much pleased, as it was an oppor tunity of adding a shell to my own collection, and when I got it home I saw the small hole in it.

THOMAS CLEMENTS . I was present at the examination of the prisoner before Mr. Dyer—I cannot say that I saw Mr. Dyer sign the deposition I know his hand-writing—I was examined the same day and the same time—the prisoner refused saying any thing.

JOHN EDWARD GRAY re-examined . I think Saunders was information the loss of this shell after it was in Sowerby's possession—I cannot tell.

NOT GUILTY .

994. CHARLES SUGGETT was indicted for stealing, on the 13th of March , 4 feet of leaden pipe, value 1 s .; and 1 metal cock, value 1 s .; the goods of Thomas Davies , and fixed to a building.

THOMAS DATIES . I keep the Royal Oak public-house, Princes-street, Portman-market. No. 5, Princes-street belongs to me—I had four feet of leaden pipe and a metal cock there—I had seen it fixed a few days before it was stolen—this is the cock and pipe, I am certain—I fixed it myself.

PATRICK HAGGERTY . I am a policeman. I was on duty in Princes-street, Portman-market, on Tuesday night, the 13th of March, and found No. 5 was open—I shut the door to—just about ten o'clock, I saw the prisoner come out—after that I asked him if he belonged to the house, he said, "Yes"—I said, "Are you sure?"—he said, "I don't exactly belong to it, there is a female there I go to see "—I said I will take you back to see—he said, "Do you think I am a thief?"—I searched him and found this pipe and cock in his pocket. (The prisoner pleaded poverty.)

GUILTY . Aged 22.— Confined Three Months .

995. RICHARD GIFFORD was indicted for stealing, on the 2nd of April , 1 bottle, value 2 d .; and 1 1/2; quarter of gin, value 4 d ., the goods of William Chaplin .

CHARLES WABLAND . I am porter at the Swan-with-two-necks, Lad-line, I had a parcel on the 2nd of April directed to Slatcher, of Daventry, by the Birmingham coach—I laid it on the counter, and did not know what it contained—I saw it safe about eight o'clock, or within two or three mi nutes—the coach was to start at eight o'clock.

Cross-examined by MR. PAYNE . Q. What was it? A. A paper parcel—this is it—( producing it )—we did not know the contents.

THOMAS COOK . I am a book-keeper. I booked this parcel to go by the coach—I opened it at Guildhall—it contained a bottle and some gin.

GEORGE EDWARDS . I am horse-keeper at the Swan-with-two-necks. A few minutes after eight o'clock, I saw a parcel behind the back of the coach-wheel—the prisoner dropped a red handkerchief upon it, and then took it up, parcel and all together—he made away with it—I could not stop him—I halloed "Stop thief "—that is the sort of parcel he picked up.

Cross-examined. Q. Where were you? A. I was going across the road, about two yards from it—I saw no one but him against the parole—it all happened in less than a minute.

GEORGE DOUGLAS . I live in Pink-row, and am a shoe-maker. I heard a cry of "Stop thief"—I saw the prisoner running, and drop this parcel—I took it up.

Cross-examined. Q. Where was this? A. In Lad-lane—I lost sight c the person—I heard the cry, turned round, and the prisoner was close be him me—I knew him directly I saw him again—I was going the same way—he was coming after me—I was near the top of Lad-lane—he turned up Wood-street, and ran up Maiden-lane.

WILLIAM LLOYD . I live in Angel-street. I was in Lad-lane, and saw the prisoner running—I made a snatch at him, but could not hold him—I pursued him to Maiden-lane, and the policeman caught him.

Cross-examined. Q. What made you sure of him? A. I had a very good sight of him—I had him in my arms, and I never lost sight of him until he

was in the police—I went in search of the parcel, and found it in the wit ness's hand.

WILLIAM WIGGINS . I live in Wood-street. I heard a cry of "Stop thief," and saw the prisoner running very fast—I followed him—he took up the tail of his coat, and ran on until the policeman stopped him—I saw him knock the policeman down.

CHARLES WALLER ( City police-sergeant No . 8) I was in Maiden-lane, and saw the prisoner running up the street, calling "Stop thief;" but he being the first, I said, "You are the thief"—he knocked Crawley down who was with me—I seized him—we all three went down, and I took him back.

Cross-examined. Q. Did you take any money from him? A. No; I searched him—there was no money taken from him.

THOMAS COOK . I am book-keeper at the S wan-with-two necks. Mr. William Chaplin keeps the office.

Cross-examined. Q. Does it belong to Mr. Chaplin alone? A. Yet; be has no partner in London—he is the sole proprietor of the booking-office and yard in London.

GUILTY . Aged 29.— Confined One Year .

996. JAMES GREENHALL and WILLIAM SMAILE were indicted for stealing, on the 29th of March , 1 box, value 1 l .; 1 card-plate, value 1 s .; 1 miniature, value 10 s .; 3 pairs of spectacles, value 1 l . 5 s .; 1 pair of spun, value 1 s .; 3 purses, value 5 s .; 24 foreign silver coins, value 1 l .; 1 open-glass, value 5 s .; 4 snuff-boxes, value 5 l .; 3 pocket-books, value 5 s .; 11 books, value 10 s .; 1 card-case, value 1 s .; 1 wafer-stamp, value 5 s .; 2 pen cil-cases, value 2 s .; 3 seals, value 10 s .; 1 piece of pebble, value 1 s .; 1 cork, value 10 s .; 1 minute-glass, value is d .; 1 box of whist-markers, vain 1 s .; 8 counters, value 1 s .; 20 pens, value 1 s .; 1 kettle-bolder, value 1 l .; 1 cross of the order of the Bath, value 40 l .; 1 medal, value 5 l .; 2 medal eases, value 2 s .; 1 muff, value 1 l .; 1 coat, value 1 l .; 1 bell, value 5 s .; 1 knife, value 2 d .; and 1 shell, value 6 d .; the goods of George Davis Wil son , Esq.

GEORGE DAVIS WILSON, ESQ . I am a colonel in the army. About three o'clock, on the 28th of March, I landed from a steam-packet—I bad twenty-five or twenty-six trunks at the Custom-house—I was informed that some of them had been taken from the cart in which they had been deposited to go down to Rumford—four or five packages of different kinds were gone—one of them contained the card-plate, spectacles, and all these things—this order of the Bath, and this gold medal, are mine; and this box full of things are all mine—( looking at them .)

BENJAMIN MASTERS . I am servant to Messrs. Ing and Smith, of Rom ford, brewers. At half-past six o'clock on Wednesday evening, the 28th of March, I left the Custom-house, going to Col. Wilson's with the cart with twenty-six packages of various sorts in it—I saw them all put in—there was a tilt over the cart—I rode before—when I got to the Rising Sun public-house, in Bow-road—I heard something fall from the hind part—I stopped, jumped down, and found the cord cut, and some parcels gone—I turned, and saw a man—I made up to him, and said, "What have you taken out of my cart—he said, "Nothing," but two men have run by—I said, "I with stop you"—he got away from me, ran to the path, jumped over into Mr. Gregory's field—I was afraid to go from my cart—I went to the Rising

Sun, and staid there till the patrols came up—we went up and down with a candle, but could find nothing—I cannot swear, but I believe, the man I saw was Greenhall—he had a fustian frock coat on, as he has now, and by his features and dress I think he is the roan—it was very dark—when I returned home instead of twenty-six parcels I had only twenty-one.

JAMES HAINES ( police-constable K 248.) I was on duty last Thursday morning the 29th of March, in High-street, Bow, and at half-past three o'clock I saw three persons pass me with a donkey cart—there was some music playing at the Black Swan—the three persons stopped to listen to it—I took particular notice of them—they stood under a gas-light—I sus pected from their appearance, and the knowledge I had of one, who is not is custoday, that they were after no good—they went down the road—I met another officer—we agreed to watch them coming back, and to examine their cart—about six o'clock the two prisoners came back in the cart—I stopped and asked them what they had got in the cart—they said, nothing, and I was welcome to look if I pleased—I got into the part, and found about half a load of dung in it, with three empty hampers turned he said down, which they were sitting on—I turned them over, took out my staff turned the dung over, and found these two white boxes—I jumped down, laid hold of Smile, and asked him where he got them from—he said they had picked them up by the road-side—I took him to the station-house, sod found a half-crown in his shoe.

HENRY MILSTED ( police-constable K 208.) In consequence of what haines said to me, I watched, and at twenty minutes to six o'clock I saw the donkey cart, and the two prisoners in it, coming up from Bow—the pri soner said they had nothing, and we were welcome to look—Haines took sinaile, I took Greenhall, and as we were going to the station-house I saw this other red box projecting out under the dung—it contains the ar ticles stated.

WILLIAM ROBERT GARDE . I am a police inspector. The officers brought he prisoners and the boxes to me—I broke open this one, which con fined the articles.

Greenhall's Defence . At half-past three o'clock I went down to Rom ford with this man to buy some roots, and in going down we found these two white boxes and this red box, with a cover over it—we took them up, at them into a cart, and were returning home with them, when we were stopped—we said we had nothing but what we picked up.

HENRY MILSTED . They said they had nothing at all, and "Look if you Greenhall. They took us to the office, and there were some more pri soners—some women and a man with a trunk, which was found on the road-side—we were bringing these thinks to town, thinking there would he a reward for them.

Smile's Defence . As we were going down the road we saw something white, and found these boxes, and the red box had a black cover over it—as we came back we were stopped, and told the officer we had nothing, only that found.

GREENHALL — GUILTY . Aged 20.— Trartsported for Seven Years.

SMAILE — GUILTY . Aged 21.— Judgment Respected.

997. JOHN ADDISON and THOMAS SMITH were indicted for stealing, on the 24th of March , 1 sack, value 6 d .; and 9 1/2; pecks of oats, beans, and clover chaff, mixed together, value 3 s . 6 d .; the goods of Hugh M'Intosh .

JOHN M'INNIS . I am in the service of Mr. Hugh M'Intosh—he is contractor for the Great Western Railway, and is executing a part near Han well—Addison was his carter—Mr. M'Intosh finds food for his horses. On Saturday, the 24th of March, from information I received, I went to his stable at Drayton-green, and ascertained what horse provender Addition had taken out with him that morning—I then went after him to Ealine I found him about seven o'clock in the morning, and asked him where the chaff was that he had taken out from the stable—he said it wag in the nose-bag—I asked where the sack was that he had taken out three quarter full—(I put that question from information I had got)—he told me he had got none but what was in the nose-bag, and denied taking any other out—I then took him out of the cart, and he voluntarily admitted to me he had left a sack with Tom, the ostler, at the Coach and Horses—this was cart of bricks he was loading—in consequence of what Addison said I went to the Coach and Horses, at Ealing—I saw Smith sweeping the front of the house—he is, I believe, under-ostler—I took a policeman and Addison with me—I asked Smith what he had done with the sack of chaf corn and beans that Addison left with him—Smith, at first, denied having seen Addison, or the corn, or sack either—I gave him into custoday he then said he had found the sack down in the shed—I looked under the manger of the stable, and found the sack produced, about three quarter foil with chaff, corn, and beans—I know it to be the same sort of sack we have for our oats and beans—it had some grey hairs upon it, as if it had been laid across a grey horse's back—I gave them in charge—when Addi-son went out in the morning, he had no business at the Coach and Horses.

JOSEPH DAVIS . I am housekeeper to Mr. M'Intosh. On the 24th March, Addison took some grey horses from the stable at Drayton, a little after six o'clock—they were going to work by the rail-road—be took his two nose-bags, and about three parts of a sack of mixed corn, chaff, beans and oats, on a grey horse's back—I have since seen a sack in the police man's possession—it has the same mark on it as my master's had that the took that morning, and it had the same grey hairs on it—I then went to find Addison, and took him at Ealing—he ought to have had the same sack of food he had taken in the morning, but he had not—this is the same sack as we have.

HENRY GILES ( police-constable T 72.) I was in the neighbourhood of Ealing, in the morning of the 24th of March, at the Coach and Horses, about a quarter-past six o'clock, and saw both the prisoner drinking together, in front of the house—I went on and saw Mr. M'Innis—I communicated some suspicions to him—there were two grey house with Addison—they had nose-bags, hitched on to the harness, and no cart—about an hour after that, Mr. M'Innis returned to the station-house Addison and he gave me an account of what he had done with it—from what he said, I went to the Coach and Horses, with Mr. M'Innis, and Smith—I asked what he had done with the sack—he said he had chucked it down, and he did not know where it was—I went in, but could not find it—we then came out, and asked Mr. M'Innis to go and look under the manger—he went and found it—I knew Smith nearly twelve months he has been ostler all that time.

Addison's Defence . I went there to give my horses water—I just turned way, and the sack was taken off the horse's back—I could not see it any where—I have worked twenty years for Mr. M'Intosh.

ADDISON — GUILTY . Aged 28.— Recommended to mercy by the Prosecutor .— Confined Three Months .

SMITH — NOT GUILTY .

998. EDWARD ROBINSON was indicted for stealing, on the 17th of March , 1 coat, value 5 s ., the goods of Edward Whetherall .

EDWARD WETHERALL . I live in Edward Terrace, Islington. About nine o'clock in the morning, on the 17th of March, I left my great coat in By ball—I did not miss it, but I saw it at Hatton-garden.

JOSEPH HILTON . I live in Penton-street. On Saturday afternoon, at half-past one o'clock, I was in Edward Terrace, and saw the prisoner stand ing just by Mr. Wetberall's gate—I went on to No. 4, and as I came back I saw the prisoner go from the door across the fields, to a person who was here—he took something from that person, and then he put this great coat on him—I followed him till he came to the station-house in Rosamond street, and there I gave him in charge.

Prisoner . I was in great distress.

GUILTY . Aged 20.— Confined Three Months .

999. LOUISA NEWMAN was indicted for stealing, on the 15th of March , 10 yards of printed cotton, value 4 s ., the goods of Thomas Read .

HENRY NASH . I am shopman to Thomas Read—he keeps a linen draper's shop in Sidney-place, Commercial-road. On the 15th of March his cotton was on the iron outside the window—I missed it—I went out and saw the prisoner—I ran after her, and caught her—I asked if she had my print—she said "No," but I heard she had thrown it away—it was ticked up, and given to me—I went and took her again—it is my master's cotton.

ANN CAMPBELL . I was at the shop, and in going in, I saw the pri soner take a piece of print off the bar—I gave information to the witness, who went out.

WILIIAM PARAMOUR ( police-constable K 51.) I took the prisoner, and have the print.

Prisoner . I did not have it.

GUILTY . Aged 23.— Confined Three Months .

1000. THOMAS CRUMP was indicted for stealing, on the 19th of march , 1 pair of trowsers, value 7 s ., the goods of William James Stevenson .

RICHARD WILLIAM MUSOROVE . I am an apprentice to William James Stevenson., of Ratcliffe-highway. These trowsers were outside the door on 19th of March—I heard they were gone, and missed them—these are them—( looking at them .).

WILLIAM BORHAM . I live in Hermitage-street. I was in a cart going by the prosecutor's, and observed the prisoner and another man between six and seven o'clock in the evening, taking a pair of trowsers, which were at tached to a bar or stiff string—the other one cut the trowsers down, and gave them the prisoner, who put them into his apron, and made off—I stopped,

and made after him—the prisoner dropped the trowsers—I did not take them up, but pursued—our carman followed me—he took up the trowser and assisted me in taking the prisoner back to the shop.

Prisoner . I had not seen them.

GUILTY . Aged 18.— Confined Three Months .

1001. SAMUEL FLETCHER and MARIA FLETCHER were in dieted for stealing, on the 21st of December , Gibes, of feathers, value 10 s .; 3 blankets, value 10 s .; 2 sheets, value 4 s .; 2 pillows, value 6 s .; bolster, value 5 s .; and 1 flat-iron, value 6 d .; the goods of Edward Peacock .

EDWARD PEACOCK . I live in Adam-street, East, and am a grocet The prisoners lodged in my house from November—the apartments were furnished—on the morning of the 16th of March, I went to their room—I observed the bed was open, and the prisoners in the act of removing fea there—I looked round, and all the bed clothes were gone—the blanking sheets, pillows, and bolster—I said, "What! are you robbing me?"—they said, "Oh no, we met with an accident and burnt the bed"—the other things are here.

GEORGE SPELLER . I live with Mr. Walter, a pawnbroker, in High-street, Marylebone. I have a blanket pawned on the 21st of December—I cannot say by whom, but two of these articles the woman pawned—I have seven in all, sheets and other things.

CHARLOTTE PEACOCK . I am the prosecutor's wife. These blankets sheets, bolster, and other things, are my husband's property.

HENRY WILLIAMS ( police-constable D 51.) I went to the room, and asked the female for the duplicates of these things—she gave me a bag with twenty-seven duplicates, seven of which relate to these things.

Samuel Fletcher's Defence . I have been brought up for gentlemen's service, but had no work since Christmas—we have been for day together without food or firing, which caused my wife in an evil hour to pawn my landlord's things—we applied to the parish, but got no relief—the blankets was pawned for 4 s ., to pay our week's rent.

MARIA FLETCHER — GUILTY . Aged 39.

Transported for Seven Years .

SAMUEL FLETCHER — NOT GUILTY .

1002. MARY POWELL was indicted for stealing, on the 12th of March , 51bs. weight of cheese, value 2 s .; the goods of Robert Walkington , and another.

CHARLES BRADBROOK . I am in the service of Robert Walking ton and Richard Carr, cheesemongers, in St. George's, Bloomsbury—I receive information on the evening of the 12th of March—I ran after the prisoner and found on her this Dutch cheese, with a mark on it, which I know's by—I had seen it safe not a quarter of an hour before.

Prisoner . I picked it up at the window. Witness . It was in then mid dle of the shop, not on the retail side—I had not seen her in the shop, as I had but just come down stairs—we have only one person selling in the shop, and he is not here.

NOT GUILTY .

1003. JOHN COLLINS was indicted for stealing, on the 12th of March 2 sheets, value 3 s .; 4 pairs of stockings, value 2 s .; 1 pair of shoes, value 1 d .; 2 handkerchiefs, value 1 s .; 1 night-cap, value 6 d .; and 1 shirt, collar, value 6 d .; the goods of Daniel Flannagan , from his person.

DAVID FLANNAGAN . On the 12th of March, I landed from the ship Liverpool on board which I had been steward—I had a bundle containing all these things—I went to the Queen's Head to get some refreshment, and saw the prisoner there—he drank with me, and then we went out—I had my bundle under my arm—I turned to stop for a moment, and as I did so the prisoner snatched the bundle from me.

Prisoner. Q. Did not you invite me to a friend's house? A. No.

CORNELIUS FOAY ( police-constable H 98.) I was outside this house that night, and I saw the prisoner come up—the prosecutor went into the house and the prisoner followed him—about half an hour after the prose cutor came out with the bundle under his arm—he stopped for a moment—the prisoner snatched the bundle and ran away—I pursued and took him with it.

Prisoner . The prosecutor invited me to spend an hour or two with a friend of his named Dubourg in the Minories—I got very much in liquor, and I am very sorry for what occurred—I had been drinking from two or three o'clock in the afternoon till ten or eleven o'clock at night.

GUILTY . Aged 26.— Confined Six Months .

1004. WILLIAM HOPWOOD was indicted for stealing, on the 20th of March , 7 lbs. weight of coffee, value 12 s . 6 d . the goods of James Robinson Craney .

JANES ALEXANDER ALLEN . I am porter to James Robinson Craney, of High-street, Shad well. On the 20th of March, I went out with my struck to deliver goods—I lost seven pounds of coffee about six o'clock, and another parcel of four pounds—this is the seven pounds parcel ( look ing at it .)

JOHN ANDREWS ( police-constable K 231.) I was on duty between even and eight o'clock—I saw the prisoner with this bundle under his arm—I asked him what he had got—he said it was no business of mine, and I had no business to see it—I said I should wish to see it—be said it was coffee—I said, "Where did you get it?"—he said that was no business of mine—I took him to the station-house.

Prisoner . By the Commercial-road gate I saw two men running, they dropped this, and I took it up.

GUILTY . Aged 23.— Confined Six Months .

1005. WILLIAM DAVIS was indicted for stealing, on the 14th of March , 1 range, value 1 s ., the goods of Thomas Higginbottom .

ELIZA ANN HIGGINBOTTOM . I live with my father, Thomas Higgin-bottom, in Charles-street, Lisson-grove. At a quarter past seven o'clock, on the with of March, I saw the prisoner go into No. 5, which belongs to my father—in a quarter of an hour I saw him come out with the range on his shoulder—I ran half way up the street, and stopped him—I told him to put it down, which he did, and told me to take it home, but I followed him—he struck at me twice with an umbrella—I then followed him to William-street into Stephen-street—where my father came up, and took him—he was then in the act of striking me.

THOMAS HIGGINBOTTOM . I came up, and the prisoner ran off three or four streets—I then took him.

Prisoner . A man told me to go to that street and fetch the range, which he said he had bought—as I was going, this girl came and said it was

her father's—I said a man had bought it, and I was anxious to get it to be man—I put up my hand to keep her off me—I did not strike her—the man was to be at the Castle, at the corner of Chapel Street, New Road—the door of the house was open.

ELIZA ANN HIGGINBOTTOM . He opened the latch of the door, and went in—there was no one there but him.

GUILTY . Aged 30.— Confined Six Months .

1006. JAMES DOWNS was indicted for stealing, on the 23rd of March 1 shovel, value 25., the goods of Robert Satchwell .

ROBERT SATCHWELL . I live in Middlesex-street, Somers Ton On the 23rd of March, while I was gone to dinner I lost a shovel from some gravel, where I was digging foundations—this is it—( looking at it .)

GEORGE POWELL . I was looking out of a window opposite the founda tion—I saw the prisoner go down, and come up with this shovel—I went to the public-house and told of it—he was followed and taken with this shovel.

GUILTY . Aged 23.— Confined Three Months .

1007. FRANCIS DAVIES was indicted for stealing, on the 31st of March , 1 purse, value 4 s .; 1 sovereign, 2 half-crowns, 10 shillings, and I sixpence; the goods and monies of William Dimes , from the person of Elizabeth Wintersgill Dimes .

ELIZABETH WINTERSGILL DIMES . I live in Austin Friars, and am the wife of William Dimes. About one o'clock on Saturday, the 31st of March, I was going down St. Botolph's-lane, when I got to the corner of Thames-street two or three people came before me, and an equal number I think behind—I tried to move backwards—I then made a push forwards, and a man behind me gave me a violent push, and I lost a purse from my pocket, which con tained a sovereign and about 1 l . in silver, to the best of my knowledge—there were two half-crowns—I cannot tell who any of the people were, but I think the prisoner was a man who was behind me.

Cross-examined by MR. PAYNE . Q. How lately had you seen the purse A. Immediately before I left home—I had walked to a watchmaker's in Cornhill, and then I went down to this place, which took me eight a twelve minutes—I am sure I had my money in my pocket—I was pursed forwards, and I apologised to a woman that I was pushed agains, I turned and saw one or two persons—I think the prisoner was one.

JAMES CUTHBBRT . I am an officer. About one o'clock on Saturday, the 31st of March, I was in East-cheap—I observed the prisoner and several others—I had known them before—I saw the prosecutrix going down Botolph's-lane—I asked a witness here to follow her—I watched the prisoner and his companions—at the bottom of the lane they all surrounded her—the prisoner was one—they surrounded her purposely, at accident ally.

Cross-examined by MR. PHILLIPS . Q. Are you an officer? Yet—I as Inspector of the watch of Bread-street ward—I don't believe I knew the prisoner before that day—I knew those who were with him—I lost sight of him from eight to ten minutes—I lost sight of the whole of them directly after they had completed their purpose, in my opinion—they left the lady—I went to ask if she had lost any thing—they went down Dark House-lane—I followed them from place to place—I saw four of them together, but the prisoner was not pointed out to me at that time.

THOMAS BARNETT . I reside with Mr. Harford. The officer came and told me to assist him—I walked down Botolph-lane, and I saw the prisoner and four others—I saw the prisoner feel the lady's pocket three times—when they got to the bottom of the lane they all surrounded her—the prisoner got behind the lady, picked her pocket, and handed something to one of his companions—I saw it quite distinctly, and saw him put his hand into her pocket.

Cross-examined. Q. Have you and your friend been getting this case up, since you were before the Magistrate? A. No—I do not exactly know bow long I have been acquainted with Mr. Cuthbert—it might be twelve or eighteen months, or two years, but not three years—I have not been talking to him about this case since I was before the Magistrate.

Q. Have you not talked to Cuthbert about the case this day? A. It if not my business to answer that question—I did not speak to him about it, only he said, I want you such a time at the Old Bailey, and then he said but side what time it was to come on—I have never been out thief-hunting with him—I never was a witness before—I am an orange merchant's man and a cooper—I have been with Mr. Harford ever since I came from a place called Hems worth, eleven miles this side of Portsmouth, and then I was kept by my parents—I saw the prisoner feel the woman's pocket three times—I said that before the Magistrate—what I said was taken down, and read over to me—I signed it—I said before the Magistrate that I saw him feel the lady three times as she was going down the lane—this it my handwriting—( looking at his deposition )—I will not swear to the prisoner's dress, but I will to his face—he had no cape on when he picked the lady's pocket.

JAMES WALTER BREWER . About one o'clock I was in Lime-street pas sage, and heard a cry of "Stop, thief!"—I saw the prisoner running, and stopped him.

Cross-examined. Q. Did you observe How he was dressed? A. Yes; in a Mackintosh cape, buttoned up to the top.

MR. PHILLIPS to JAMES CUTHBERT . Q. How was the prisoner dressed at the time this lady was robbed? A. In the same way he is now—the same coat and waistcoat—I cannot swear How he was dressed about the neck—I never said I saw him in a Mackintosh cape—I did not see him in that—he was taken in eight or ten minutes, and he had a Mackintosh cape then—I have known Barnett about twelve months—I called on him to watch the parties, because I knew several of them knew me, and that I should have no chance of detecting them—I may have said something to Barnett about this case since we were before the Magistrate, but no parti cular point—I may have said he must be very particular in what he said, to mind his statement—I would not swear that I did not say it to him.

GUILTY . Aged 24.— Transported for Ten Years .

Sixth Jury, before Mr. Sergeant Arabin ,

1008. JANE ROBINSON was indicted for stealing, on the 18th of March , 1 watch, value £2. 10 s .; 1 chain, value 3 d .; and 1 key, value 3 d .; the goods of William Hall , from his person.

WILLIAM HALL . I am a labourer—I have been to sea the most of my life—I live at Deptford. On the 18th of March I went through London to go to Deptford—I fell in with the prisoner in the Mile-end-road—she wished me to go up a turning with her, which I refused, and then she requested

me to go home with her to Bow, which I refused—she made free with my person, and used language to induce me to go with her up a turning for five or ten minutes—I missed my watch—I went to the police officer, and described her—he knew her, and took me to a house near Bow Church, where I found her, and recovered the watch.

Cross-examined by MR. PHILLIPS . Q. How long is it since you were on the sea? A. I came home last in 1824—I have lived at Deptford and Sheerness a good while—I asked the woman where she lived—she said by the side of Bow Church, and gave me the name of Reynolds—I went to her residence with the policeman—she came out of the house—she did not give her right address, because she told me it was the first turning, and it was up an alley further on—I did not take the officer up there—I merely asked where she lived to get rid of her, and said I would call the next day—I did not go down a turning with her—I had 23 s . or 24 s .—it was four o'clock in the morning—I had been up all night, keeping watch as the bridge at Stratford—I met her in the high road, between the Globe bridge and Bow Church.

WILLIAM TILLEY ( police-constable K 218.) The prosecutor came to me and described the prisoner—I knew her quite well, as she walked my beat regularly every night—I took him to the house where she lived, and asked her where the watch was that she stole from this man—she denied it—I was in the house a quarter of an hour, she then said she had got kit—she went into the back yard, took it off the wall, brought it in, and gave it to me—she said he promised to give her a half-crown, and she took the watch in place of payment.

Cross-examined. Q. Did she not say she took it in payment? look at this deposition, and read the first line. A. I said to the Magistrate that she took the watch in payment.

NOT GUILTY .

1009. HENRY JAMES was indicted for stealing, on the 3rd of Janu ary , 1 painting and frame, value£4., the goods of Edward Radclyffe .

EDWARD RADCLYFFE . Hive in High-Holborn, and am a picture deals On the 3rd of January I saw this picture in the window, between seven and eight o'clock in the evening—I did not miss it till next morning at eight o'clock—this is the picture—it is "Time flying away with Beauty"—it was framed.

Cross-examined by MR. PHILLIPS . Q. Did you know the prisoner? A. No—I do not know a man of the name of Thomas—I have used a great deal of pains to inquire about the prisoner, and the police have done the same, and I have heard nothing against him—I understand he is a literary character, and the world is much indebted to him—ray shop is about a quarter of a mile from the pawnbroker's.

JOHN BARKER . I live with the prosecutor. I remember this picture being in the shop between five and six o'clock on the 3rd of January.

MARMADUKE JACKSON HOWLETT . I am in the service of Mr. Hedger, a pawnbroker, of Drury-lane. This picture was brought on the 3rd of january by the prisoner—he wanted a sovereign for it, and we lent it him—he gave his name on the ticket—I cannot say what it was—I am sure he is the person who left it—on the 25th of March, when he came again to the shop for an affidavit, which we give when a duplicate is lost, I recollected him, and sent for an officer, who took him.

WILLIAM RANDALL ( police-serjeant F 8.) I apprehended the prisoner—on his way to the station-house he told me he had pledged the picture, but that he purchased it of a man—I asked his name—he said he could not tell me—I asked if he knew him—he said he never had any acquaintance with him—on the way he dropped some duplicates down an area, and in the station-house some more, which related to some books and umbrellas.

Cross-examined. Q. Did you say before the Magistrate that he said he purchased it of a man, and did not know his name? A. Yes, but it was hot entered, I believe, in the depositions—I asked him if he could tell me the man that he purchased it of—he said he did not know the name, as he never had much acquaintance with him—I said, "If you can show me where he lives, I will take you to him"—he said he purchased it of a friend, but he did not know the name—I found 1 l . 12 s . 6 d . on him.

NOT GUILTY .

1010. ANN JOHNSON was indicted for uttering counterfeit coin; which she pleaded

GUILTY .— Confined One Year .

1011. JAMES DONOVAN was indicted for a misdemeanor.

THE HON. MR. SCARLETT and MR. THOMPSON conducted the Prosecution.

ELIZABETH LEWIS . I am in the milk business, and reside at New Wall, white-friars. On the 9th of March the prisoner came to my house, be tween three and four o'clock, and asked for 1 d . worth of milk, and offered me a sixpence—I looked, and said it was bad—he then gave me a good one—I gave him 5 1/2 d .—the officers entered my shop at that time, and took him into custody—they showed me three sixpences, and they took from the prisoner's hand the 5yd., and the sixpence which he had first offered me—I believe it was the same, because it was a little bent.

WILLIAM ISBESTER . I am a surveyor of the Thames Police. I was with Gaskin on the 9th of March—I saw the prisoner, and followed him down the alley where this witness lives—I went into the shop, and took from his left hand a counterfeit sixpence—I found on him three other counterfeit sixpences—here is the one I took from him—the other three were wrapped up in paper.

COURT . Q. What other money had he about him? A. Five penny-pieces, and 5 1/2 d . in halfpence.

JOHN GASKIN . I have heard the testimony of Isbester—it is correct—I found these three sixpences on the prisoner—( producing them )—wrapped up in fine paper—I found in his pocket one good sixpence, and five penny-pieces, and in his right hand 5 1/2 d . in copper.

JOHN FIELD . I am Inspector of Coin to the Mint. I have looked at these four sixpences—they are all counterfeit, and all from the same mould.

GUILTY . Aged 60.— Confined One Year .

1012. MARY M'GUIRE was indicted for a misdemeanor.

THE HON. MR. SCARLETT and MR. THOMPSON conducted the Prosecution.

ROBERT SAMUEL BAUGHTON . I am in the service of George Hitchcock, who keeps the Jacob's Well, in Barbican. The prisoner came in there on Wednesday, the 28th of February—she asked for a pint of beer—I served her—she tendered me a half-crown—I gave her change, and put the half-crown

into the till—the beer came to 1 1/2 d .—there was a waiter, of the name of Sims, at that house—he opened the till within ten minutes after the prisoner had the beer, and said, "This half-crown is a bad one"—I got up, and took it out myself—I saw it was bad—there was not another of any description in the till—nobody had been to the till during the minutes—at eleven o'clock the same night the prisoner came again, and asked the waiter for a pint and a half of four penny ale, and tendered; half-crown—I heard Sims say it was bad—I got up and took it—I put them both together, and sent for a policeman, and gave her in charge—I sealed the half-crowns up in a paper—I put a mark on them first, and gave them to the policeman—there was a great difference in the prisoner's dress—she had a dark shawl and bonnet on the first time, and the next time only a little white shawl, and no bonnet, as if she came from not door—I can swear to her, from her face—there was a mark on her nose that night.

GEORGE SIMS . I am waiter at the Jacob's Well. The prisoner came for a pint and a half of fourpenny ale—she gave me a bad half-crown—this was between ten and eleven o'clock at night—I had not seen her before—I examined the half-crown, and put it on the bar-door—Mr. Baughton took it, and put them both together.

GEORGE HITCHCOCK . I keep the house. I saw the prisoner come these twice, on the 28th of February—I detained her the last time, and got policeman—she paid for the ale in copper, and then wanted the half-crown break—she had 1 1/2 d . more, I believe.

JAMES REDWOOD . I am a policeman. I took the prisoner—I get these two half-crowns from Mr. Baughton—the prisoner had 1 1/2 d ., in copper on her—she refused to tell me where she lived—she was very made intoxicated, I was forced to get an officer to assist me to take her to the watch-house.

MR. FIELD . These are both counterfeit, and from the same mould.

Prisoner , I was there but once, and offered the half-crown, not knowing it was bad—I got it from a man outside, who asked me to get some beer—when I came out the man was gone.

GUILTY . Aged 36.— Confined One Year .

1013. MARY SMITH was indicted for a misdemeanor.

SARAH ANN CHATTERS . I am the wife of Jeffrey Chatters—he is a porter, and keeps a chandler's shop in Featherstone-street. I recollect Thursday, the 8th of March, the prisoner came to my shop about tins o'clock—she had a few small articles, bread, tea, and sugar—they came to about—she gave me a shilling—I gave her the change, and she went away—I put the shilling into the till—there were two more in, this made the third—she came about four o'clock the same day—she then had some bread, tea, sugar, and butter, which came to about 4 d . or 5 d .—she offered a shilling in payment—I put it into the same till—I recollect her coming again about five o'clock—she then bought some bread, tea, sugar, and become which came to about 6 d .—she offered a shilling, which I added to the others and gave her change—that would make about five shillings in the till, not more—she came a fourth time that day, about half-past five o'clock—she then had a pound of bread, which was 1 3/4 d .—she offered a crown-piece, which I placed in another till, on the other side of the shop, and gave her change—my husband came home about seven or eight o'clock, which was about two

hours after, she came the last time—I went out after that, and when I came back, he said he had taken two bad shillings from the till, where I put the shillings—I had not taken a shilling from any other person from the time the prisoner first came—I recollect the morning subsequent to that—I went to the till where I placed the crown, took it out to examine it, and found it a bad one—I examined the till where the shillings were kept, and found a third bad shilling there.

JURY . Q. Where did you give the change of the five-shilling piece from? A. From another till on the opposite side.

MR. SCARLETT . Q. You had two tills? A. Yes; and I put the crown in to one till, and gave change out of that till for it—it was not the one I put into shillings in.

JEFFERY CHATTERS . I returned home on the 8th of March—my wife rent out after I came home—no one went to the till before me—I went soon after my wife went out—there were four or five shillings in the till—I found two bad ones—I took them out, looked at them, and put them in again, separate from the other money—I left the whole of the shillings in the till—there were two or three besides the two I picked out—I believe there was one more bad one, which my wife found the next morning—I did not get a bad crown from my wife then, but I did on the Saturday—I put it into my pocket, and showed it to the policeman—I gave him the shillings and the crown piece, on the 10th of March—I had had some communication with Mr. Fobbester.

CHARLES FOBS EATER . I am servant to Mr. Chambers, a greengrocer, in Bunhill-row. On the 10th of March the prisoner came in for two red herrings—she offered me a shilling—they came to 1 1/2 d .—I took the shilling into the parlor, and showed it to ray mistress—she tried it first, and then I bent it with my teeth—I ascertained it was a bad one, and gave it back to the prisoner, and she said, "Bless me, it is a bad one"—I asked her for it back again, and said I would nail it to the door-post, and she returned it to me—she then went away, and promised to come back, and pay for the herrings—she did not come back—Mr. Chatters came to the shop that night, and told me of his case—I gave the shilling to the police man.

JAMES JOHN EMXS . I am a policeman. I called on Chatters on the 10th of March, and got a crown-piece and three bad shillings from him, and one from Fobbester—I went to a house in Featherstone-court, and found the prisoner in bed with a man—a sergeant, who was with me, found a tad shilling in the room.

CHARLES SCOTCHMEN . I am a police-sergeant I went with Ernest to this room, and found this counterfeit shilling on a chair.

MR. FIELD . These are all counterfeit, the crown and the shillings, and three of them are from one mould—the one passed to Fobbester, the one found at the prisoner's house, and one of the others.

Prisoner . It was money that was given to me—I did not know it was bad.

GUILTY . Aged 19.— Confined One Year .

1014. WILLIAM COLE was indicted for a misdemeanor.

CAROLINE HANNAH JACQUES . I am the wife of James Jacques, a pastry cook and confectioner, at Shadwell. On the 24th of February the prisoner

came to my shop, between three and four o'clock in the afternoon—he had a penny bun, and gave me a sixpence—I gave him 5 d . in copper—I placed the sixpence at the hack of the till, where there were shillings, half, crowns, and two new sixpences—there was not more than two new sixpences—I noticed the sixpence he gave me was dirty, and as he was to him working dress I thought that was the cause—Susan Duncan came in for sixpenny worth of cakes—it was about five o'clock—she gave me a half crown—I gave her one shilling and two sixpences—one of them was the sixpence that the prisoner had given me—I am sure of it, because I had only three sixpences in the till, and that was the only one I had, except two new ones—she came back to my shop, and said I had given her a bad sixpence—I said I was very sorry for it; I had taken it of a boy in a fustian jacket—I had suspected it was bad, but did not know it—I took it into the parlour, and gave it into my husband's hand—he said it was bad—I took it and put it on the inkstand—Burgess came into the shop—I marked the same sixpence, and gave it him—he afterwards showed me bun, which was my husband's make.

SUSAN DUNCAN . I live in Cross-alley, Shad well. I went for sixpenny. worth of cakes, and saw Mrs. Jacques—she gave me the cakes—I gave her a half-crown—she gave me one shilling and two sixpences—one new, the other old—I went to the grocer's, at the corner of Star and Garter yard, and offered the old sixpence—the gentleman said it was bad—it was not out of my sight—he never laid it down—I took it back to Mrs. Jacques, and she gave me another.

EMMA BALTON . My father is a baker, in Ratcliff-highway. The pri soner came to our shop on the 24th of February, for a penny loaf—I gave it him—he laid down a sixpence—I thought it was bad, and I took it to if father—he said it was good—I gave the prisoner the change—I laid in the shelf, and then showed it to my mother—she said it was bad—I gave it to the policeman—I am sure it was the same—my mother marked it—gave saw another officer with the loaf—it was my father's make, and the same sort that I sold the prisoner.

RACHEL BAGSNT . I am the wife of Isaac Bagent—he keeps an eating house at East Smithfield. On the 24th of February the prisoner came for a penny-worth of pudding—he gave me a sixpence—I bent it—was bad—I gave it to the officer.

CHARLES RANDYLL . lam a policeman. I was in Bagent'shop on the 24th of February—I learned something, and pursued the prisoner—I saw him on Tower Hill, with another man, against whom the bill has beet thrown out—they walked on together over Tower Hill—I took them up searched Cole, and found on him this counterfeit sixpence, ( produce one ,) which is bent—I also took Davis—I saw the pastry and bun found on him—they were afterwards shown to the different people, and they owned them.

RICHARD BURGESS . I am a policeman. I assisted Randyll—I found the things that have been described on Davis, also 3 s . 6 d ., some thread and other things—I got the sixpence from Mrs. Jacques.

MR. FIELD . These are both counterfeit, and from the same mould.

Prisoner . I bought a penny worth of fish—they gave me four sixpences out of a half-crown—I did not know they were bad.

GUILTY . Aged 18.— Confined Three Months .

1015. JOHN BROWN was indicted for a misdemeanor.

GEORGE BOORN . I live with my mother at ford, near the Three pigeons. On the 5th of March I had a stall of fish in High-street, Bow—the prisoner came to ray stall, between eight and nine o'clock at night, and asked the price of several fish, and then waited till I served two people—he wanted me to take 3 d . for a Dutch plaice, but I would not—he theft Offered 3 1/2 d —I would not take it—he said he would give me 4 d .—he gave Me 1 s ., and I gave him change—it was the only shilling I took that day—my mother said it was a bad one—I said I should know the person again—I saw him at the station-house, and knew him—it was the pri soner.

Cross-examined by Mr. PAYNE . Q. Had you ever seen him before? A. yes, going up and down the road.

MART BOORN . I have heard what my son says—I saw the shilling was bad when he gave it to me—I gave the same shilling the next morning to the policeman.

Cross-examined. Q. Had you not another shilling? A. No, not one.

JOHN PARKER ( police-constable K 288.) On Tuesday, the 6th of March, received a shilling from Mary Boorn—on the 14th of March I took George Boorn to the station, and he knew the prisoner directly.

ELIZA ANN POOLE . I am servant to Mr. Denton, the eating-house keeper—on the 14th of March the prisoner came and asked for a pennyworth of putting, and gave me a shilling—I showed it to my master—he said it was a bad one, and he took it.

WILLIAM DENTON . Poole brought me a bad shilling—I took it back to the prisoner, and said it was bad—he said, "Is it?"—I laid, "Yes"—he gave me a sixpence out of his pocket, which was good—I gave him change for that—the officer came in at that moment and took the prisoner and the shilling.

EDWARD SHAW ( police-sergeant K 14.) I produce a shilling given to me by William Denton—I took the prisoner in charge.

HENRY MULLINS . I am a police-sergeant. I searched the prisoner on the 14th, and found on him 1 s . in silver, and 9 d . in copper.

MR. FIELD . These shillings are both counterfeit.

Cross-examined. Q. Are they from the same mould? A. No, they are not.

(The prisoner received a good character.)

GUILTY .— Confined Six Months .

NEW COURT .— Friday, April 6 th , 1838.

Sixth Jury, before Mr. Common Sergeant .

1016. ANN BUSH was indicted for stealing, on the 31st of March , 6lbs. weight of pork, value 4 the goods of Henry Rogers , to which she pleaded.

GUILTY .— Confined Six Days .

1017. ELIZA JONES , THOMAS JONES , JOHN TREADAWAY and MARY ANN SMITH , were indicted for a midemeanor.

THE HON. Mr. SCARLETT and MR. THOMPSON conducted the Prosecution.

MARY THRUSSELL . I am the wife of John Thrussell, who keeps the Mar.

quis of Granby public-house, Green Hill, near Harrow. On the 26th of February these four prisoners came in, about twelve o'clock, and had two pots of beer, which they paid for in coppers—they had something to eat, which they brought with them—they eat and drank together—the two female asked me to show them into the yard—they then asked me if I sold gin—I said "Yes "—Eliza Jones asked me to bring half-a-quartern, which I gave than—they drank it in the yard, and Eliza Jones offered a half-crown—I took it to the bar—Mary Ann Smith was present when she offered it—I laid it on the table in the bar—my husband came in soon after, and took it up marked it, and put it into his pocket—the prisoners had then left the hose—they went out as near together as possible—the two women went out first but only just in time for the men to follow them as quickly as the does would admit of—my husband went in his horse and cart to Mow the pri soners.

Cross-examined by MR. PHILLIPS . Q. Where were the women when Eliza Jones gave you this half-crown? A. In the yard—the men were in the tap-room, not in the same place.

JOHN THRUSSELL . I saw the four prisoners drinking beer and eating in the tap-room, all together—after they were gone out, I saw a half crown on the table in the bar—I marked it, and put it into my pocket—here it is—I went about a mile and a half before I overtook them—I first at saw Treadaway standing at the corner, just against Hill's house, where there roads met—Mr. Rowe, who was with me, got out to go to Hill's house,—just as he was going there, Jones came out with a pipe—he was followed by Hill and Rowe—I beckoned that they were the two men—Jones came to Treadaway, and Rowe collared them—I had asked Tread away if he would ride in the cart—I assisted in taking them—they got away from Rowe, and ran round the corner—we all pursued them—Tread away struck at Rowe—when they resisted, I got out of my cart to help them, and collared Tread away, while they searched Jones, who kicked at them—then there came more assistance, and the two men were taken to the Led Lion—I went in pursuit of the women, and found them four or five hundred yards further down the road—I asked if they would ride, they refused—I said, "I shall take the liberty of handing you into my cart, and taking you to town"—they went, and were taken to the Magistrate.

Cross-examined. Q. Was not Tread away walking by himself? A. He was at that time—there were very few persons in my house that day—there might be three or four, besides them.

HON. Mr. SCARLETT . Q. How far is it from Hill's to where Tread away was standing? A. It might be 200 or 300 yards.

Thomas Jones. Q. Which of us four went out of the door first? A. The two women, and you followed instantly.

JOHN WATTS HILL . I am a baker and beer-seller, and live at Harrow On the 26th of February Thomas Jones came to my shop, and asked for half-a-pint of beer—I served him—he offered a shilling which was bad — I said, "This won't do"—he said, "Why not?"—I said, "Because it is a bad one "—he wanted to look at it, and said it was a good one—he gave me another—a person of the name of Rowe came in—Jones had left my shop a few minutes—from an observation that Rowe made, I accom panied him to the road—Thomas Jones was walking down the road, and Treadaway was waiting—they joined before we got to them, about 200 Yards from my house—I assisted Thrussell and Rowe in taking the prisoner

—a violent resistance was made by both—they scuffled and got away a short distance—we ran and took them again—I was passing with my horse and cart, where Darville was digging in a ditch on the 2nd of March, and he said he had found a shilling—that was as near as possible on the spot where I had captured the prisoners.

MARY CHAPMAN . I am the wife of William Chapman, of Green-hill, near Harrow, and keep a chandler's shop. On the 26th of February I saw, Thomas Jones betwixt one and two o'clock—be came for a penny-worth of tobacco, and gave me a bad shilling—I did not see that it was bad immediately—I gave him the change, and asked him if it was good or bad—be said it was very good—I saw it was George the Third's reign—two minutes after a man came in with herrings, and he said it was bad—I marked it and pat it into a bit of paper—I now produce it—I had put it into my pocket, but I had no other shilling—I marked the shilling and saw it at the office.

JAMES ROWE . I am a farmer. On the 26th of February I accompa nied Thrussell and took the two male prisoners—they resisted—I took. Jones—I saw Thomas Jones take up a stone and throw it into a ditch—I saw John Watte Hill look towards the ditch—Thomas Jones said, "What are you looking for there?"—I took them to the Red Lion, and found on Treadaway about 9 s . in silver, and some coppers, all good—Thomas Jones had 11 d .—as I was going into Hill's house, I met Thomas Jones coming out—I was going to inquire whether two females were there, but they were not—the stone was thrown after they had got from me—I bad taken them,. but Thrussell's horse went off, and he let Treadaway go, and they got from me, and then Thomas Jones threw the stone into the ditch—if there had been any thing else thrown, I do not think I should Have seen it.

WILLIAM DARVILLE . I am a labourer, living in the Harrow-road On the 27th of February I was clearing out a ditch near that place—I found five shillings first—I went back to the ditch, and found twelve half-crowns and thirteen shillings more—I took them up and kept them till the Friday following—I then gave them. to the Magistrate's clerk at Edge ware—he sealed them 'up in a paper, and gave them me back again—I kept them till Friday—I then gave them to him again—I first found the money wrapped up in a bit of paper—I cut the paper in two, and. it tumbled down into the water with the money—I found another shilling about twenty yards from there on the Thursday following—I kept it till Friday, and then gave it to Mr. Hill.

JOHN WATTS HILL re-examined . I have a parcel which I got from Mr. Tudell, the Magistrate's clerk—Darville produced it—it was sealed up by Tudell, given back to Darville, and at their re-examination it was opened, and given by Mr. Tudell to me for security, by order of the Bench—it was laid on the Magistrates' table.

Cross-examined. Q. Were you in the office all life time? A. No, I went out while they were examined.

MR. POWELL . I was present before the Magistrate—I saw some counterfeit money produced by Hill on the day they were com mitted for trial—Hill brought the money into the Court—a man named Darville had possession of the money at first, because he swore that he had found it in a ditch—I saw it produced on the table on the day they were committed, by Darville, and it was then taken possession of by Hill,

sealed up in a paper—when it was produced I saw the seal broken—believe it was placed on the table before the Magistrate, and Hill after him examination, took it—I do not know that it was delivered to him.

Cross-examined. Q. What are you in the Mint? A. Assistant to the Solicitor and the Inspector of Coins—my father came out of this Court to fetch me in to be a witness—he told me that I was wanted in this case—he said, "Was you present on the examination of these people?"—I said, "Yes"—he said, "Then you are wanted in Court," that was all—he did not ask me on what examination—I did not know that I was coming to prove this was the money—I came here without knowing what for—I said Hill pro duced it, because I thought he did, but I recollect that Darville was the man who found it—I dare say I recollected that from your first mentioning the name of Darville—I was not out of the office—I was there as soon as the prisoners were in—I will not swear that Darville was not in the room before me—the money was produced on the table—I do not know that I was given either to the Magistrate or the clerk—I do not know that he gave it to any one in particular—Mr. Tudell was sitting next to the Magistrate.

COURT . Q. Were you present when the seal was broken? A. Yes—I believe I broke it open myself, to look at the money—I was there till it was sealed up again—Darville brought the money in—I believe there was only one person with it—I saw but one—there were a number of persons is the room.

JOHN FIELD . I am Inspector of Coins to Her Majesty's Mint, and have been so many years. This coin is all counterfeit—the half-crowns appear to have been cast in the same mould as the one first passed, and five or six of these shillings appear of the same mould as the one produced by Chap man—six or seven of them are of the same mould as the one that was found in the ditch.

Cross-examined. Q. Is not this first half-crown one that they might very easily pass on an illiterate person? A. Yes, I think it is.

MR. PHILLIPS to JOHN THRUSSELL . Q. Did you take Treadaway to the station-house? A. No, the constable did—he is not here—I believe Treadaway was discharged, and taken again.

Thomas Jones's Defence . I never saw this other man before, if I were to die this moment—the money was sunk three or four inches in the bank—I could not throw it so far as that.

ELIZA JONES — GUILTY .— Confined Six Months .

THOMAS JONES — GUILTY .— Confined One Year .

SMITH and TREADAWAY— NOT GUILTY .

1018. GEORGE GERRARD was indicted for a misdemeanor.

FREDERICK DARBEY . I am shopman to Mr. Ward, tobacconist, in Oxford-street. About twenty minutes past ten o'clock at night, on the 14th of March, the prisoner came into the shop, went to the glass where we keep cigars, and selected one—he put down a good half-crown, and as I was going to give him change, he said he thought he had halfpence enough—I heard some halfpence rattle in his coat pocket—he said he had but three halfpence, and he then put down a bad half-crown—I gave him 2 s . 4 d . change—I bent the half-crown, and took hold of him—two persons came out of the parlour—I went and got a constable.

Cross-examined by MR. PAYNE . Q. Did he appear to be sober.? A.

He pretended to be very tipsy—if he had gone out immediately after I should have supposed that he was tipsy—I heard a lot of halfpence rattle in his pocket when he put his hand in.

MR. THOMPSON . Q. When he was given in charge did you see any alteration in his manner? A. He did not seem to be tipsy at all—I chucked down the half-crown on the counter, and he snatched it up, and put it be hind him, and they could not get it from him for some time—I do not think he was drunk—I saw the half-crown was bad, but I did not take it off the counter till I gave him the change.

HUGH BYRNE LEVETT ( police-constable D 161.) I went to the prose cutor's shop, and saw a half-crown on the counter—the prisoner snatched from the counter—I got it again after some difficulty—it was picked up and given to me—I produce it—I took the prisoner into the parlour—he appeared excited on my first appearance, but when I had been there two or three minutes he appeared quite sober—I found on him a purse con taining twenty-nine sovereigns, one half-sovereign, and some silver; mak ing altogether in silver in his purse and pockets, 29 s .—there were three half-crowns, nineteen shillings, three sixpences, three fourpences, all good; and in his coat pocket, twelvepence-halfpenny, a gold watch, a silver chain, split ring and key—on the way to the station he said, "It is but one piece, to-morrow is Thursday, Mr. Powell knows me."

Cross-examined. Q. Had you mentioned Mr. Powell's name? A. No—so a syllable on the subject.

MR. FIELD . This half-crown is counterfeit in all respects.

COURT to FREDERICK DARLEY . Q. What pocket did he put his hand to? A. His left-hand coat pocket—that was the same pocket as the cop per was taken out of afterwards—I believe there was no handkerchief or paper in that pocket.

HUGH BYRNE LETETT . There was no handkerchief in that pocket, nor paper.

GUILTY .* Aged 21.— Confined One Year .

1019. JULIAN SOMERVILLE , alias Francis Alexander Randall was indicted for stealing, on the 17th of March , 661bs. weight of tea, value 15 l ., and 1 tea-chest, value 15 s .; the goods of Daniel Deacon , and others.

JOSEPH WILLIAM LOVERING . I am a carman in the service of Daniel Deacon, and others. I was driving a wagon of theirs on the 17th of March, about nine o'clock at night, through Oxford-street—I stopped at Charles-street, went to the back of the wagon, and missed a chest of tea, which I had from Fickson & Co., in Queen-street—it was directed to go by Daniel Deacon—it had been on the front of the wagon—my mate was asleep on the top of the wagon.

GEORGE UNSWORTH . I live in Hanway-street, and am a china-dealer On that Saturday, about nine o'clock, I was in Oxford-street, and saw the prisoner reach a box from the wagon—I am certain he is the man—in crossing the road a driver of an omnibus called to him, and a hat fell—he did not stop, but went on—I followed him through Hanway-street—I there saw a policeman—I told him, and the tea was taken on the prisoner's shoulders.

Cross-examined by MR. CLARKSON . Q. Which side of the street were

you? A. On Hanway-street side—the wagon was on the opposite side about seven or eight yards from me—the wagon was close to the pave ment on the other side, three doors from Charles-street, and nearly oppo site Hanway-street—it was light enough to see the prisoner for he passed me within a yard—I saw a hat fall, and when he passed me his head was bare, that I am quite positive of—I saw another person pick up the hat, it was a black one—the person who had the chest of tea, went up through Hanway street—it winds up to Tottenham-court-road, so that a person cannot see from one end to the other—I never lost sight of the prisoner—the same policeman is here now—I saw no other vehicle passing besides the omnibus.

COURT . Q. How long elapsed between the time of your seeing the man take the chest, and your seeing the prisoner carrying it with his hat of A. Not more than two minutes—I did not lose sight of him the whole time except just the time of the omnibus passing, and it was not above a mi nute from the time of his passing me, till he was taken.

AARON WOOSTER . I am in the service of Fickson and Co., of Queen-street, grocers. On the 17th of March I sent a chest of tea to Leicester for William Johnson—it was going by Deacon's wagon—Lovering was the wagoner—it contained 60lbs. of tea—this is the chest—( looking at it .)

Cross-examined. Q. How do you know it? A. By the number (1186) on the card, and on the wood.

COURT . Q. Have you any doubt that that is the chest? A. No; one of our clerk's writing is on the card—I am sure of it—it was corded in this way.

MR. CLARKSON . Q. How many hundred chests do you send out in a year? A. I cannot tell—the square ones are all corded in this way—it is the warehouseman's business to make the entries in the books—I am a pos ter—I carried it from the warehouse, and put it into the wagon—we only sent that one chest off that evening—the warehouseman gives me a note of it, and I give it to the wagoner—I do not always read the addresses, but I did that one, before I nailed it on—I cannot tell what any other address was—his address is "William Johnson, Leicester"—he is not a carrier—I have looked at the direction on the chest to-day.

COURT . Q. You nailed that one on that day? A. Yes; I nailed no other to "William Johnson, Leicester," that day.

JOHN ANSER WHEELER . I am principal clerk to Daniel Deacon, and others. He has other partners.

Cross-examined. Q. How many are there? A. I should think somewhere near twenty—William Johnson, of Leicester, is a customer of ours—this would not be entered in the carman's book till it gets to the wharf, but we are answerable for it from the moment it is delivered to our servant.

EDWARD CAMPION ( police-constable E 45.) I took the prisoner with this tea on his shoulder, twenty yards down Great Russell-street.

Cross-examined. Q. What did you find on his head? A. Nothing—no cap—he had the bosom of his coat buttoned, and from the bosom of his coat he took a cap.

MR. CLARKSON to JOSEPH WILLIAM LOVERING . Q. Where was the wa gon standing? A. In Oxford-street, on this side of Charles-street—I was at the near hind wheel—my partner is not here—he was lying on some har ness asleep—the harness was in the tail of the wagon, a yard or a yard and a half from the chest—it was put in edgeways between the rail and half a

butt of currants—I could not reach it myself to take it off—I was two minutes at the utmost at the tail of the wagon—I called three times to my date when I missed it, and he answered me—I did not lose a hat. Witness for the Defence .

THOMAS MORGAN . I keep the Robin Hood, Shoe-lane. The prisoner was at my house that Saturday evening about six o'clock—he had a small parcel in his hand—I always understood him to be a light porter—he had cap on his head, which he generally wears—I should say this, was the same sort of cap—( looking at one .)

COURT . Q. How long have you lived there? A. Very nearly a year and a half—I am the proprietor.

Prisoner . I am innocent of this charge as any man living—I received at the corner of Great Russell-street, and I had this cap on at the time, and had no other on my head at all.

GUILTY . Aged 46.— Transported for Seven Years .

1020. WILLIAM TOWNSEND was indicted for stealing on the 3rd April , one sheet, value 2 s ., the goods of William Perry .

JANE PERRY . I am the wife, of William Perry, and keep a lodging-house, near Gravel-lane. On the 3rd of April the prisoner came to lodge at my house—the next morning, between eight and nine o'clock, I fol lowed him out, and asked if he had not got a sheet of mine—he said no—I asked him to come back, and he did; and while the girls were gone for a policeman, he took my sheet out of his hat—this is mine—( looking at one .,)

Prisoner's Defence . I took it because I was very hungry.

GUILTY . Aged 29.— Confined Three Months .

1021. JOHN BETTS was indicted for stealing, on the 17th of March , handkerchief, value 1 s . 6 d . the goods of John Dixon , from his person; and that he had been before convicted of felony.

JOHN DIXON . I keep the Rose and Crown, King-street, Westminster. I was at Broad Sanctuary on the 17th of March, about a quarter-past twelve o'clock at noon—somebody gave me information—I missed my hand kerchief, and saw the prisoner walking away, twisting it up—I said "Stop, I want you"—he ran off—a man ran and took him—he threw the witness, Facey, down against the railings—we pursued him again, and he tried to throw the handkerchief into the square, but the wind took it, and we picked it up—this is it—( looking at it .)

JAMES FACEY . I saw the prisoner running, and I took hold of him—he threw me down—we pursued him again, and he threw down this handker chief.

Prisoner . It was a temptation; the gentleman had the handkerchief hangin out of his pocket.

JOHN BOOTH . I am a watchman. I got this certificate of the prisoner's former conviction from Mr. Gilby's office, at Westminster—( read )—he is the person.

GUILTY . Aged 20.— Transported for Ten Years .

1022. SIMON JENKINS and WILLIAM PERRY were indicted for a misdemeanor.

THE HON. MR. SCARLETT and MR. THOMPSON conducted the Prosecution .

MATTHEW HAMILTON , I live in Charlton-street, Somers-town, and am

a wholesale milliner. On the 31st of March I was in Charlton-street and saw the two prisoners together in company—they passed me, and Jenkins said to the other, "I will go into the green-grocer's shop"—the other said "It is no use going into that shop, it is a stale game there"—Jenkins went in, and Perry waited close by my side till Jenkins came out, and went away—Perry waited some time by me, then followed him returned, and came and stood by me—Jenkins went down a passage—went into Osbaldeston's shop immediately after the prisoners had left me and gave a description of them to a policeman instantly.

MARY ANN OSBALDESTON . I live in Charlton-street, and keep a green grocer's shop. The prisoner Jenkins came to my shop for some on one and then asked me to let him have twopenny-worth of turnip-tops—he gave me a half-crown—I did not look at it particularly—I took up my apron to give him change—he said, "I think I have got halfpence"—he put his hand into his pocket, and said he had not enough, he must give me a half-crown—he then took four or five half-crowns out of his pocket and gave me one—Hamilton came in soon after, and asked if it was a good one, and I then found it was not—I gave it to the officer.

WILLIAM HONEY ( police-constable S 151.) On the 31st of March I was Church-way—I followed the prisoners from a description I had got of them—I saw them about a quarter before twelve o'clock, and stopped them—they were walking quite quickly—I told a man to follow me—the moment I took them, Jenkins dropped a half-crown, which I took up—this is it—Jenkins pretended to be drunk, but when I got him into the station-house he appeared sober—I found 1 1/4 d . on Jenkins, and 19 s . 6 d ., and 11 1/2 d . in copper, on Perry, with twopenny-worth of turnip-tops tied up in a handkerchief, nine eggs, half an ounce of tobacco, and about half an ounce of tea.

Jenkins. Q. How many people might be round? A. I cannot tell—it was a market evening, and it is a great thoroughfare—no persons noticed me following them that I could see—I do not suppose that there were five round us—I saw the half-crown drop from your hand.

JOHN FIELD . I am Inspector of coin to the Mint. These half-crown are both counterfeit, and from the same mould.

Perry's Defence . I have known Jenkins three or four years—I met him that evening—he asked me to wait for him a few minutes—I said I would—as to the conversation that the witness states passed it is all false—I then went to the Regent's Park, but my master's factory was shut up—we re turned, and got drinking.

PERRY— GUILTY . Aged 25.

JENKINS— GUILTY . Aged 24.

Confined one year .

1023. JOHN CLEMENTS was indicted for stealing, on the 20th of March , 5 spoons, value 1 l . 5 s .; 2 sovereigns, 8 half-crowns, 15 shillings, 3 sixpences, and 1 fourpenny-piece; the goods and monies of John Wilson , his master; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 14.— Transported for Seven Years .

1024. ANDERSON JEFFREY was indicted for stealing, on the 4th of March , 1 work-box, value 5 s . 6 d ., the goods of Thomas Perry .

CHARLOTTE PERRY . I am the wife of Thomas Perry, he keeps a

broker's shop in Upper Rosoman-street. On the 4th of March, between one and two o'clock, I was in my room, and was called—I went into the shop, and a boy wanted to know the price of a box—I saw the prisoner take up this work-box at the door, and run away with it—I have never seen it since—I am sure he is the boy—I knew him before—the other boy was taken, but he was discharged yesterday.

Cross-examined by MR. PHILLIPS . Q. Do you know the boy Negus? A. Yes, some years—I got no information from him—I have known the prisoner, I think, two years, to speak to him—I do not know the boy Murcott—I had him taken up—he was in the shop talking to me, while the prisoner went off with the box, and he stopped me from running out, or else I should have caught the prisoner—the Magistrate asked me if I knew the boy, and I said yes, I knew him well—I do hot know whether that was taken down and read over to me—I did not see Jeffrey when I ran out of the shop, I lost sight of him.

MARY ANN SMITH . I saw the prisoner run from Mrs. Perry's with the box under his arm.

Cross-examined. Q. What day of the month was this? A. The 3rd or 4th—I do not know exactly—it was in the month of March, on a Saturday—I had known the prisoner before—I told the Magistrate so. (The prisoner received a good character.)

GUILTY . Aged 15.— Recommended to mercy .— Confined Six Months .

1025. ELIZABETH PATCHING and FRANCIS LEWIS were in dicted for stealing, on the 23rd of February , at St. George, Hanover-square , £20, and 1 £5 bank-note, the property of Samuel Cartwright , in the dwelling-house of Christopher Lonsdale .

MR. DOANE conducted the Prosecution .

FRANCES CARTWRIGHT . I am the wife of Samuel Cartwright. In Fe bruary last I was residing at Mr. Lonsdale's, in Old Bond-street—the prison ers were both servants in the house—on the 7th of December I received of Mr. Robson, a relative, 200 l . in notes and cash—there were five £20 notes, five £10 notes, four £5 notes, and thirty sovereigns—I placed the notes in the banker's book, and put it into the carriage-case In the bed-room—I after wards removed it, and put it into a drawer—I had expended some—on the 15th of February they were right—there was then 105 l .—there were four £20 notes—on the 6th of March I had occasion to go to the drawer—I then missed 55 l .—there were only two £20 notes instead of four—I had only 50 l . remaining—I am sure they were the notes I had from Mr. Rob son—the female prisoner had access to the room where the drawer was—my drawer was not kept locked—I sent for Mrs. Lonsdale, and told her of it, and it was known in the house—the two prisoners were both residing there at the same time.

Cross-examined by MR. JONES . Q. Has your husband any other name but Samuel? A. No—he had not been living in the house—I received the money from Mr. Robson in my own right—Mr. Lonsdale lives in this house, and I suppose he sleeps there, but I never saw him till the night of the 6th of February, when there was a fire at Mr. Atkinson's—I heard that his Christian name was Christopher—I heard that Lewis was one of the porters—I cannot inform you whether he assisted in the domestic duties—there was another female servant—I do not know whether she is here, nor whether she is still in Mr. Lonsdale's service—I put the money into my

carriage-case, and I kept it locked, till the night of the fire, at Mr. Atkinson's and then I put it into my drawer in the bed-room—there was no lock to that drawer—I never looked at the money between the 15th of February and the 6th of March—I do not recollect ever having these notes while sitting on the sofa in the sitting-room—immediately I received them from my nephew, Mr. Robson, I put them into my banker's book, and put that into the carriage-case—I went to them to expend some, I brought them into my sitting-room, took the money out, and made a memorandum of what was left—I sat on a chair by the table, not near the sofa—I can undertake to say, that when I took the book back to my bed-room, the whole of the 105 l . were safe—I have no doubt of it.

GEORGE LLOYD ROBSON . I hold a commission in the 5th Dragoon Guards. On the 7th of December I received from my aunt a cheque, and I got these notes—I cannot tell the numbers of them—I received them from a Mr. Owen—I gave the same notes to Mrs. Cartwright.

DAVID OWEN . I am cashier to Martin, Call, Martin and Co., bankers. I remember seeing Robson, on the 7th of December, change a £200 cheque—I gave him five £20 notes, from No. 10502, and I gave him some £10 notes and £5 notes—these are two notes that I paid him—( looking at them .)

THOMAS WHITFORD . I am one of the cashiers of the Bank of England. On Wednesday, the 14th of March, a bank note, No. 10505, for 20 l . was brought to me by the prisoner Lewis—he wanted sovereigns for it—I told him, on looking at my card, that payment was stopped, and he must go with me to the Secretary—he said he brought it from Mr. Smith, silversmith, of No. 66, Conduit-street, Bond-street—on the note was written "Thomas Harding, 66, Conduit-street"—that appeared to be fresh written—he then said he had not the number—I said that was no consequence, he could claim it by what he had written on it—he made no reply.

Cross-examined by MR. CHAMBERS . Q. What time in the day was it? A. About four o'clock in the afternoon—it is about a hundred yards from where I was to the Secretary's office—if we find nothing written on the front of a note, it is usual to require something to be written—the Secre tary asked him some questions, where he came from, and he told him that this was a stopped note, and then I permitted him to go—we never detain persons—we retain the note, and the parties are to call again.

MR. DOANE . Q. Have you a £5 note? A. Yes, No. 37883—it was paid from Jones, Lloyd, and Co.

Cross-examined by MR. JONES . Q. How do you know it was paid there? A. I have an extract from the bank book—the note is entered in our cash book—I did not receive it myself from Jones, Lloyd, and Co.—I received it from the librarian at the bank.

SAMUEL HUGHES . I am an inspector of the A division of the police. On the 16th of March I went to Mr. Lonsdale's—Lewis was in the draw ing-room—Mr. Whitford was with me—he recognised Lewis—in conse quence of that Mr. Lonsdale said something to Lewis, and he left the room—he was called back, and Mr. Lonsdale took him by the arm, led him to the fire-place, and said, "Francis"—Lewis said he would explain all—that Elizabeth gave him the note—the bell was then rung, and Patching came into the room—I then told them both that they were in custody for stealing 55 l . in bank notes from Mrs. Cartwright—Lewis said, "I will explain all; Elizabeth gave me the note; I did take it to the Bank to get it changed"

—I then went down with Patching; she said, "I found the note last Tuesday, curled up in a bit of paper, in Mrs. Cartwright's room on the sofa; I gave the note to Lewis; I did not tell any one else about it, for fear it might be thought that I had stolen the other money"—I produce some articles here which I found at No. 4, Russell-court, Bow-street, where Lewis said he lived.

Cross-examined by MR. CHAMBERS . Q. When Lewis came in, Mr. Lonsdale spoke very kindly to him? A. Yes; and then he said what I have mentioned, which led to the ringing of the bell for the other prisoner.

Cross-examined by MR. JONES . Q. Did any one else hear what Patch ing said to you on the stairs? A. No—I took her down, and Lewis came down afterwards—this took place in the drawing-room on the second floor—I did not say any thing to her before she said she found it on the sofa—I made no answer to her—she did not say that she did not know what it was, nor any thing of the kind—she did say she could neither read nor write, and did not know what it was—she did not say she took it to Lewis to ask what it was—I do not recollect that she said, that having given it to Lewis she left it with him—she said, "I went down stairs, and gave it to Lewis,"

MR. DOANE . Q. Are you sure that she said she did not mention it, for fear it should be thought that she had stolen the other money? A. Yes.

REBECCA LANE . I am a lace-dealer, and live in Sidney-alley. The female prisoner came to my shop somewhere about the 20th of February—I am not rare as to the day—this was the first article I sold her—( producing it )—she purchased all these articles—they came to nearly 4 l .—she gave me a £5 note in payment—I asked her for her name and address—she said her name was Edwards, 32, Piccadilly—I wrote that on the note in pencil—this is the note and my writing—I have no doubt about it—I am confident the prisoner was the woman.

Cross-examined by MR. JONES . Q. What time in the day was it? A. Between six and seven o'clock in the evening, just about dusk—our lamps were lighted—I do not know, but I think I had seen her a day or two before—I did not know who she was—we always ask the name and address—I am not positive, but I think I saw her a week or two after—it was not so long as a fortnight, I am positive—she purchased a black lace veil and other things—they are sold in other shops—two young ladies and the boy were in the shop—none of them are here—Patching was in the shop half an hour—I do not know exactly, but I can say positively that she was a quarter of an hour.

SAMUEL HUGHES . I saw Mr. Lonsdale at the office—he did not give his name then, but yesterday I heard him give his name as Christopher—his house is in the parish of St. George, Hanover-square.

MR. JONES to MRs. CARTWRIGHT . Q. How long had you lived there? A. Five or six months—Patching had been there all the time—she was not present when I made my loss known—I sent for Mrs. Lonsdale, and told her of it—I never saw Mr. Lonsdale—I believe Mrs. Lonsdale went down and named it.

(Christopher Lonsdale, of No. 26, Old Bond-street, and Caroline Baker, Brewer-street, Pimlico, gave the prisoner Patching a good character.)

PATCHING - GUILTY. Aged 25.— Recommended to mercy .

Transported for Ten Years.

LEWIS— NOT GUILTY .

Fifth Jury, before Mr. Sergeant Arabin .

1026. FRANCIS LEWIS was again indicted for stealing, on the 6th of February , 1 liquor-flask, value 19 s .; 2 clothes-brushes, valued 5 s .; I look ing-glass, value 1 s .; 1 razor-strop, value 3 s .; 1 tooth-brush, value 1 s .; 2 hair-brushes, value 10 s .; 1 scent-bottle, value 8 s .; 12 pairs of gloves, value 7 s .; and 13 combs, value 2 l .; the goods of Edward Atkinson and another.

EDWARD ATKINSON . I live in Old Bond-street—I am a perfumer, and have one partner. There was a fire on my premises on the evening of the 6th of February, and such goods as could be saved were removed to the premises of Mr. Lonsdale, opposite—the prisoner was his servant, and was very active in carrying the goods over—a great deal was saved—we missed the articles enumerated in the indictment when our attention was called to them—( looking at them )—here is a liquor-flask, two brushes, a looking-glass, a razor-strop, a scent-bottle, twelve pairs of gloves, and other things—they are the property of myself and partner—I can swear to them—the paper round the gloves has our mark on it—they were safe on the pre mises on the night of the fire.

Cross-examined by MR. CHAMBERS . Q. You cannot tell they were missed but by your books? A. I can tell by our private marks on them—I have taken stock—I have received a sum from the Insurance Office for goods destroyed and damaged—I did not include the goods missing—the upper part of the house was burnt, but none of the goods were burnt—they were damaged by water—I lost no gloves, brushes, or bottles—some large bottles were affected by the fire—many glass bottles and china were broken—I made no claim for articles of the description that are here—Mr. Lonsdale lives in Bond-street—my shop is at the corner of Burlington-gardens, in Bond-street—the things were all in glass cases, and carried off—they were returned the next morning.

COURT . Q. These were quite independent of what you claimed com pensation for? A. Yes.

SAMUEL HUGHES . I am a police-inspector. On the 16th of March found these things at No. 4, Russell-place, Bow-street—the prisoner's mother was there.

Cross-examined. Q. Besides these, yon found a scarf and veil, and some other things, that Patching had bought? A. Yes—I found the things I now produce in two boxes, some in one, and some in the other—the prisoner lived at Mr. Lonsdale's—he gave me his address—I went there, and found his mother and these things.

JANE PITTS . The prisoner is my son—the boxes belong to him, as far as I know—I saw them at the police-station—I did not see them at my house—there were two boxes there belonging to my son, but I did not go up stairs till they were searched and locked up—I did not point them out to the officer, nor did his father-in-law, in my presence—they would not allow me to go up stairs till they were all shut up—I did not point out the boxes to the officers—they were not shown to me till the Monday, at the station-house—I was sworn before the Magistrate—I said I did not see the boxes opened—the Magistrate asked me whether the boxes in which the property was found were my son's—I answered, "Yes," and I now swear I did not point them out to the officers.

Cross-examined. Q. You have been married a second time? A. Yes—Patching was in the habit of coming to visit me—she was no further intimate with my son than as fellow servants—the boxes were not kept open

they were in my room, and I was kept down stairs by another officer, while they went up with his father-in-law.

SAMUEL HUGHES re-examined . A short time after we were there, the witness was down stairs, and then she came up, and saw these gloves on the room; and as the boxes were going down, she said they were her son's.

(Alexander Wylie, William Marriott, Benjamin Dickens, Benjamin At kins, and John Reynolds, gave the prisoner a good character.)

GUILTY . Aged 24.— Transported for Seven Years .

1027. JAMES HOLMES was indicted for stealing, on the 16th of March , 1 hearth-rug, value 8 s . the goods of David Jones .

RICHARD COOPER . I am a policeman. I met the prisoner at a quarter-past six o'clock, on the evening of the 16th of March, with a rug—I asked him where he got it—he said that he was sent for it by a person in Tot enham-court-road—I asked him who—he said, "Mrs. Cavan"—I took him there, and she said she knew nothing of it.

EDWARD WILLIAM HUMBERSTONE . I live with Mr. David Jones, a liversmith and pawnbroker, in High Holborn. This rug is his—it was suspended outside on a rod, eleven feet and a half high from the ground—I do not know the prisoner.

GUILTY . Aged 18.— Confined Three Months .

1028. GEORGE PALMER was indicted for stealing, on the 22nd of March , 1 handkerchief, value 1 s . 6 d ., the goods of Alfred Perkins , from his person.

ALFRED PERKINS . I am in the umbrella business. On the 22nd of March I was in St. James's-park, about one o'clock—I was walking along with the crowd, and felt a slight pull at my pocket, and on looking round, I saw the prisoner wiping his mouth with my handkerchief—I was in the act of taking it from him, and the policeman reached over and took him—this handkerchief is mine—( looking at it .)

JOHN PASMORE MUMFORD . I am a policeman. I was in the Park and saw the prisoner put his left hand into the prosecutor's pocket—by the time I got to him he had got it to his mouth—I took him with it.

Prisoner's Defence . I had been to St. Bartholomew's Hospital as a out-patient, and on returning home I fell in with the band of a regi ment—there being a great crowd I was nearly thrown down—I saw a handkerchief on the ground—I picked it up, and while I was looking at it the prosecutor said it was his, and I gave it him.

GUILTY . Aged 27.— Confined Three Months .

1029. DAVID HOTT , alias George Johnson , was indicted for stealing, on the 22nd of March , 1 time-piece, value 2 l ., the goods of John Budd .—2nd COUNT , stating it to be the goods of William Nedby and others.

THOMAS CLEMENTS . I am an assistant to William Nedby and others, who are auctioneers. There was a sale on the 22nd of March in Surrey-street, Strand—they were employed as auctioneers by the executor, John Budd—I was there as their agent—there was a time-piece, which I removed to the back parlour the night before the sale—it was safe when the sale began, about half-past twelve o'clock, and about half-past one o'clock I missed it

—I had noticed the prrisoner there—he asked me for a catalogue—this is the time-piece—( looking at it .)

Poisoner. Q. Was there any other person in the place? A. Yes; but not in the parlour—I did not see you in the parlour, but within two feet of the parlour-door—I had not seen you before—I pointed you out at the station-house because I recollected you—I swear this is the die—I should have sworn to it from a thousand—I described it to the policeman.

HENRY HUBBERTY . I am an officer. I fell in with the prisoner, and saw him talking to Davies, near Crown-street, Westminster—he had something in a black handkerchief—I asked him what he had got—he said "A time-piece"—I took him to the station—I asked to look at what he had got, and he refused at first to let me look, and then I told him I should take him to the watch-house, and he showed me the time-piece—I asked where he got it—he said I had no right to ask him that question, and he should not tell me—when I got him to the station, he said he bought it at Brixton, that day fortnight, at a sale—I found on him a catalogue of a sale, but not the sale where this time-piece was stolen—I made inquiry, and found out this sale.

Prisoner . You asked me what I had got in my hand, and the person with me said you had a right to know, and then I showed it you immediately.

WILLIAM DAVIES . I fell in with the prisoner at the Mitre, in King-street, Westminster—he said he had no money, and asked if I would treat him with a pint of half-and-half—he then took this time-piece out of his pocket behind, and asked me to buy it for fourteen shillings.

Prisoner's Defence . I bought the time-piece of a person at a sale it Brixton-rise, at the beginning of March—I gave fifteen shillings for it—I know the person, but do not know his name nor where he lives—he was at the sale, and I bought it of him afterwards—I was at the West end of the town all that morning, and was not near Surrey-street, Strand—I do not know the residence of the person I was with, or I would have sent to him.

GUILTY .* Aged 37.— Transported for Seven Years .

1030. GEORGE NEWMAN was indicted for stealing, on the 20th of December , 1 plane, value 1 s .; 1 file, value 1 d .; and 1 plumb bob, value 1 s . 6 d .; the goods of Peter Scott .

PETER SCOTT . I am an engineer. I lost these articles from Mr. Saun ders's, a soda-water maker—the prisoner was his servant—I missed some tools, and could not account for it—Mr. Saunders then missed some things, and then these things, ( looking at them ) which are mine, were found at the prisoner's lodgings.

Prisoner . That plane I have had eighteen months—I gave 1 s . 3 d . for it. Witness . I know it to be mine by a mark in it—I missed it about December; and this plumb bob I can swear to.

WILLIAM WILSON . I am an officer. I searched the prisoner's lodgings on the 20th of March, and found these articles there—he told me he lodged there, and gave me the key.

GUILTY . Aged 22.

1031. GEORGE NEWMAN was again indicted for stealing, on the 20th of January , 1 spoon, value 2 s . 6 d .; 1 handkerchief, value 2 s . 6 d .; 4 bottles, value 1 s .; 1 brush, value 6 d .; 1 pair of scissors, value 6 d .; 1 blow-pipe, value 1 s .; 1 packing needle, value 1 d .; and 3 printed books, value, the goods of George Saunders , his master .

GEORGE SAUNDERS . I am a soda-water manufacturer, and live in larendon Grove, Somers Town. The prisoner lived with me three years, a labourer—I missed things for some time, and told the policeman, he searched his lodgings, and found some things of mine.

HENRY JOHN BEAUMONT . I am a pawnbroker, and live in Ossulston-street. I produce a silver salt-spoon, pawned, to the best of my recollec tion, by the prisoner.

WILLIAM WILSON . I am a police-sergeant I went to the prisoner's lodgings, and found these other articles, and a duplicate of this salt-spoon his box, which induced me to go to the pawnbroker's.

GUILTY . Aged 22.— Confined Six Months .

1032. JOHN REEVES was indicted for stealing, on the 19th of March , boots, value 1 l ., the goods of Samuel Bryan .

THOMAS POTTER . I live in Bateman's-buildings, Soho-square, and am cab-driver. I was going up Oxford-street, about a quarter past six clock, on the 19th of March, and saw the prisoner take two boots from the door of Mr. Bryan's shop—he got a space from the door, doubled them up, then put them under his arm, and ran off—I said to a man, "That man has stolen these boots"—I went on, and got to Crown-street—the man belonging to the boots overtook me—I told him—I then went on towards St. Giles's Church, and saw the prisoner opposite the churchyard, in conversation with two women—I went across, and said, "Old fellow, you have got a good pair of boots there"—he said, "Yes; I make them"—I said,"Yes, you made them pretty quick, for I saw you take them from a man's door"—he up with his fist, gave me a rap on the side of the head, and down I went—I got up, and said I would follow him—he went on to Bainbridge-street, and stopped at a door, and said, "I live here"—I said, "I shall stop and see you go in"—he said, "Then I will not go in now"—he then went on to the "Rookery," and I was afraid to follow him—he was taken by the policeman.

Prisoner . You said you did not see me take them. Witness . I saw you take them, but I did not know that you stole them till you doubled them up, and ran away, or I could have stopped you—I did not see a policeman when I saw you the second time.

THOMAS BELL . I am a servant out of place. On the night in question I was standing at the prosecutor's door—I saw the prisoner come by, and take two boots—I went and called Mr. Bryan's man, and we went after him, but did not overtake him—I afterwards saw him in custody, and am confident he is the person.

JOHN SAMUEL ALLEN . I am shopman to Mr. Samuel Bryan. Bell told me that a man had taken some boots—I went out and saw a man a hundred yards before me—I followed him, but we lost him—from the de scription I had of the man, and what I saw of him, I believe the prisoner is the man—the boots are quite lost.

Prisoner. Q. Could you swear to me? A. I believe you to be the man—he had a jacket on similar to the one you have now.

HENRY BUTLER . I am a policeman. I apprehended the prisoner, in consequence of the description the witness gave me.

GUILTY . Aged 36.— Transported for Seven Years .

1033. JULIA HOROGAN was indicted for stealing, on the 23rd of March , 18 yards of printed cotton, value 3 s .; 1 shirt, value 1 s .; 1 pillow-case, value 6 d .; I flannel wrapper, value 3 d .; and 1 cream-jug, value 6 d ., the goods of William Poulton .

MARGARET ANN BEST . I know the house of Mr. Poulton, in Wild-street—on the 23rd of March I saw the prisoner there, between four and five o'clock—she took a piece of bed-furniture down out of the passage, and went away—I went and took it from her, and brought her back to the shop.

ELIZABETH POULTON . I am the wife of William Poulton—we keep a second-hand clothes shop. This bed-furniture ( looking at it ) is my husband's—I never saw the prisoner till she was taken.

PETER JOSLIN . I am a policeman. I took the prisoner, and have the property.

( The prisoner pleaded that she was intoxicated at the time .)

PETER JOSLIN . I believe she had been drinking, but she knew perfectly well what she was about.

GUILTY . Aged 39.— Recommended to mercy .— Confined Five Days .

1034. ELIZABETH THOMPSON was indicted for stealing, on the 16th of March , 2 pillows, value 4 s . 6 d .; and 1 blanket, value 2 s . 6 d .; the goods of George Robert Wood .

GEORGE ROBERT WOOD . I live in Whiskin-street, and let lodgings. The prisoner came to lodge with me as a single woman, in January—about five weeks' rent was due—she is a dress-maker—on the 16th of March we took her on suspicion of some other property which was lost in the house, and then I missed my blanket and pillows—they were let to her with the lodgings.

JOHN DAVIS . I am a pawnbroker, and live in St. John-street. The prisoner pawned this blanket with me on the 31st of January, and one pillow on the 9th of February.

Prisoner . I never saw the things I was accused of taking—I was remanded six times, and dragged through the streets with the very dregs of society, and then put into a prison, and had I not been taken, I should have replaced these things on that Saturday.

GEORGE ROBERT WOOD . She took the room in January, and had plenty of work, but did not do it—when she had work she pledged it, which made me suspect her.

GUILTY —Aged 46.— Recommended to mercy by the Jury .

Confined Six Days .

1035. GEORGE LEE was indicted for stealing, on the 12th of March , 1 coat, value 20 s .; 1 pair of trowsers, value 10 s .; 1 hat, value 7 s .; and 1 handkerchief, value 3 s .; the goods of William Clement .

WILLIAM CLEMENT . I live in Swan-street, and keep a coal-shed. The prisoner occupied a bed at my house for five or six days—he took it by the week—on the 12th of March I was out in the evening, and returned at half-past eight o'clock—when I went out my coat, and trowsers, and handkerchief, and hat, were safe—when I returned they were gone, and the prisoner also—he did not return to sleep there that night—I found him on

the Monday following, in the City workhouse—I asked him about the things—he said he had pledged them, and he named different places—we should only find this handkerchief, which he said he sold to a boy, and the boy sold it to a woman in Field-lane, and there it was found.

WILLIAM WATTS . I work in Field-lane, in the employment of Mr. sunders. I bought this handkerchief of the prisoner for 1 s . 6 d .—I sold again for 2 s . in Field-lane, to a person who keeps a shop.

ROBERT PENNER . I am a policeman. I found this handkerchief in field-lane from information I received, and I took the prisoner.

Prisoner . The prosecutor persuaded me to tell, and said he would forgive me—I went and showed where the handkerchief was.

GUILTY .* Aged 18.— Confined Six Months .

NEW COURT .— Saturday, April 7 th , 1838.

Fifth Jury, before Mr. Recorder .

1036. EDWARD LOWE was indicted for stealing, 4 live tame, fowls, price 5 s ., the property of Henry Lowe ; to which he pleaded

GUILTY . Aged 65.— Confined Six Months .

1037. JOHN BACON and GEORGE CLARK were indicted for steal ing, on the 22nd of March , 5 pairs of clogs, value 6 s . 6 d . the goods of George Row .

PRISCILLA HILL . I am fourteen years old, and am a servant. On the evening of the 22nd of March I was at the shop window of Mr. Row, in Kingsland-road, and saw the two prisoners—Clark took the clogs from the door—he dropped them under the window, picked them up, put them into Bacon's apron, and he ran away with them—they both ran together—Clark told me to say nothing—I went directly into the shop and told the people—they were together before—I was going by the door, and saw him put his hands in the door and take them.

GEORGE ROW . I live in Kingsland-road, and am a shoemaker. On the evening of the 22nd of March, I went to my shop door, is consequence of what I was told—I missed a bundle of clogs, five pairs—they had been bunk just inside the door—I had seen them safe ten minutes or a quarter of an hour before I got information from Hill.

THOMAS TEAKLE ( police-sergeant H 8.) On the 22nd of March I was with Sergeant Power, in Wheeler-street, Bethnal-green, and met both the prisoners—Bacon had something in his apron—I laid hold of Bacon, and Clark ran away—I found on Bacon these five pairs of clogs, with the ticket on them—I asked where he got them from—he said his master—I asked where he lived—he said near Shoreditch church—I asked what number—he then said, "I know nothing about them, the other boy gave them to me."

DENNIS POWER ( police-sergeant H 18.) I was with Teakle when he stopped the prisoners—he has given a correct account of what passed—I apprehended Clark when he ran away, and Teakle detained Bacon.

Bacon . I was going up Kingsland-road, and when I got to Mr. Row's shop I saw Clark there, and these were not quite under the window—he picked them up and gave them to me—he did not say where he got them from.

Clark . I met Bacon going up Kingsland-road, and he told me he had

picked up a bundle of clogs—he said he would tie them up in his apron, which he did.

BACON— GUILTY .* Aged 19.

CLARK— GUILTY .* Aged 17.

Recommended to mercy by the Prosecutor .— Confined Six Months .

1038. MARY DOBIE was indicted for stealing, on the 22nd of March 3 table-cloths, value 3 l .; 1 sword, value 2 l .; 9 window curtains, value 2 d ., 30 towels, value 30 s .; 10 linen cloths, value 10 s .; 2 counterpanes, value 2 l .; 1 ink-stand, value 2 s .; 2 chimney ornaments, value 2 s .; 4 curtain brackets, value 4 s .; 4 Venetian blinds, value 4 s .; 20 chair-coven, value 4 l .; 1 linen-cloth, called a layover, value 1 l . 10 s .; 2 drinking horns, value 2 s .; and 4 packing cases, value 1 l .; the goods of Francis William Earl of Charlemont , of that part of the United Kingdom called Ireland, her master; and ROWLAND DOBIE for feloniously receiving the same, wel knowing them to have been stolen.

MR. PHILLIPS conducted the Prosecution .

WILLIAM HAINING . I am a police-inspector. On the 22nd of March I went with Collier to the male prisoner's residence, at No. 26, Woods-mews, Park-lane—I found him at home, and told him I was come to search his lodgings, if he would consent—he said he had no objection—I searched his bed-room, there was a very large box there—I found this table-cloth's it—the box was locked—he took the key and unlocked it for us—I found this sword in the same box, and a variety of towels, table cloths, silk hand kerchief, seven pairs of sheets, and this counterpane—( producing them )—then is a great deal more—here are towels, printed cotton, and a variety of other things, and a great quantity of carpeting—I searched other boxes, and found other things—I asked where he got the sword from—he said he had it given him when he was in Ireland by a butler in France, named Le Maitre—I asked him about this large table-cloth—he said Mary his wife knew about that—his wife came in while I was searching, and I asked her if she knew any thing about that table-cloth—she said Mrs. Clarke, Earl Charlemont's housekeeper in Dublin, gave it her—I showed her his Lordship's coat of arms on it, and asked her what she would say to that—she said it would be the ruin of both of them—her husband was in the other room—I do not think he heard her—the next day I took both the prisoenrs into cus tody—several things had been marked, and the marks erased—here is a napkin with the mark picked out, and upon this, in another corner, the ini tials of the prisoner's are worked.

Cross-examined by MR. DOANE . Q. You told this man at once what you came about? A. Yes; he assisted me in searching—I did not take him till the next day, and then found him at his situation.

WILLIAM ROBINSON . I am butler to Earl Charlemont, and have been so for six weeks. Mary Dobie lived in his service up to the 23rd of March—his lordship was then in Ireland, but the family were living in Lower Grosve-nor-street—Earl Charlemont had horn cups like these, and two have been missed—they were found in another box at the male prisoner's.

JAMES GRIFFITHS . I was butler to Earl Charlemont last February. I left the first week in March—I know this sword—I cleaned it some time after Christmas, and greased it, and gave it to Mary Dobie, and told her to take it to his lordship's room, as my cupboard was rather damp—I knew Le Maitre, I succeeded him—he left the service last July, more than six months before I had given Mary Dobie the sword to take care of—I had it in my possession from July, till I gave it her.

CHARLOTTE CLARKE . I am housekeeper in Lord Charlemont's es tablishment in Ireland. I never gave this table-cloth to Mary Dobie—I have been brought from Ireland on this subject—I knew there was such a table-cloth in the cupboard, which was not often made use of—I did not miss it.

Cross-examined. Q. Have you ever given some linen to servants which have been somewhat worn? A. Yes, some old towels—there have been some things added to his lordship's house the last year or two—it has not been furnished.

MR. PHILLIPS . Q. Is that a table-cloth perfectly fit for use? A. Yes.

FRANCIS WILLIAM EARL CHARLEMONT . My title is the Earl of Charle mont, of the kingdom of Ireland.

Cross-examined. Q. How long had this man been in your service? A. About seven years, from the year 1830—I parted with him because I had no further occasion for a groom—I recommended him to Lord Haward—the woman has borne the very best character—she was upper-housemaid—I had no doubt of the honesty of either.

MARY DOBIE— GUILTY .—Aged 30.

ROWLAND DOBIE— GUILTY .—Aged 32.

Transported for Seven Years .

(There was another indictment against the male prisoner.)

1039. DAVID WELLING was indicted for stealing, on the 13th of March , at St. Pancras , 37 sovereigns, 15 shillings, 10 sixpences, 1 £10 and £5 Bank-notes, the property of Caleb Fowler , in his dwelling-house; and JAMES BROWN for feloniously receiving 22 sovereigns, and 2 £5 Bank-notes, part of the said property, well knowing it to have been stolen; another COUNT charging Brown as an accessary after the fact.

CALEB FOWLER . I keep a grocer's shop in Augusta-street, Regent's-park. On Tuesday, the 6th of March, Welling came to me as errand-boy—he slept in my house—on the evening of Tuesday, the 13th of March, I went to my bed-room—I kept my money in a cash-box in a drawer there—I found the lock of the drawer wrenched off, and the cash-box open—the key was in the cash-box—I missed one £10 note, two £5 notes, and gold and silver, which amounted to 38 l . at the least—there was perhaps twenty-four or twenty-five sovereigns—my wife had counted the money on the Monday morning—I had not taken out any after that—my room door was usually left unlocked—I had dismissed the prisoner Welling—at one or two o'clock, and I missed this between seven and eight o'clock in the evening—he had come home that day intoxicated—Mrs.Gauntlett keeps a house next door, and when I dismissed Welling, I observed he went there—I gave inform ation to the police, as soon as I discovered the loss—I found him in custody at the station the following Sunday, as near as I can recollect—I said, "David, How came you to do this?"—he said he was tipsy, and before I went away he said he hoped I should look over it—I said, "Did you do it when we were at dinner?"—he said, "No, in the afternoon"—the policeman Produced 22 l .—there were two £5 notes—I was able to speak to one of them, as my name was on it.

Cross-examined by MR. PRICE . Q. Somebody had been making Welling drink? A. I do not know—he came home drunk, and I dismissed him—I had no occasion to find fault with him before—I was very much surprised to find him in that state—he had lived twelve months with the gentleman whom I succeeded—he was not living with him when I took him—he had a good character.

AMELIA GAUNTLETT . I am the wife of Charles Gauntlett, a carpenter, in Augusta-street, Regent's-park. I have known Welling between two and three years—I knew him to bear a most excellent character by his former master, Mr. Langley—I took him into my house on the 13th, when Mr. Fowler turned him away for getting tipsy—I asked him if he had done any thing wrong besides getting tipsy—he said, no; not that he knew of—I allowed him to lie down in a back room, on my children's bed—I went to him—he was putting the bed clothes smooth, and going to leave the house—I saw him with two sovereigns and six shillings—I said "Whose is that, Mr. Fowler's?"—he said "No"—I said, "Is that your?"—he said "No; a person gave it me to take care of."

Cross-examined. Q. You requested him to go home? A. Yes—I meant to his parents—they live in the neighbourhood—he was not able to walk, and he was not quite sober when I desired him to go home; but he said he was better—he was helplessly drunk when he came, and obliged to take hold of the railings as he stood at the door—he said two girls had been giving him some rum—I have known him three years down to the present time—he has always been a well-conducted boy.

GEORGE PALMER ( police-sergeant E 17.) On the morning of the 18th of March I went to No. 13, Buck ridge-street, St. Giles's, about one o'clock, and found the two prisoners in bed together, in a room by themselves, apparently asleep—they got up at my desire—Collier, at my request, turned down a bolster, and there was a parcel containing 39 l . 15 s .—I took charge of Welling—his jacket, trowsers, waistcoat, stockings, and silk handkerchief were all new—I asked him at the station-house How he came to commit such a robbery?—he said he was drunk when he did it—I found two shillings in his pocket—the landlady gave me a bundle—Welling claimed it as his—it consisted of a pair of trowsers, two shirts, a hat, some lemon-peel, end other things.

GEORGE COLLIER ( police-constable E 38.) I went with Palmer—I turned the bolster of the bed up, and found a handkerchief containing two £5 notes, twenty-two sovereigns, four half-sovereigns, and 5 l . 15 s . in silver—this was on the Saturday following the robbery.

JAMES COBBIN ( police-constable E 79.) I took the prisoner, Brown, into custody—his clothes were new—he said he bough them at Whitechaped—Welling said the same—I found on Brown two knives, and two-pence a half-penny in copper, no silver.

ELIZABETH FOWLER . I am the wife of Caleb Fowler, the prosecutor, On Monday, March the 12th, I counted the money in the cash-box—there was £58 altogether—there was a £10 note, a £5 note, a large quantity of silver, and some gold—I left the key in the cash-box, and put the key of the drawer into my pocket—I had a mode of depositing the cash-box at night for better security—I saw the cash-box on the morning of the 13th safe—I put in another £5 note, and took out five sovereigns—I left the same amount of money—I had kept the key of the drawer myself.

HENRY OAKES . I live with my father and mother in Ernest-street, Regent's-park. I heard of the robbery on the evening of the 13th—on the morning of that day, between eleven and twelve o'clock, I saw Welling come out of his master's shop, with a basket—I was in Cumberland-market—I could see the shop from there—Welling whistled to Brown to come to him, and they went up Augusta-street—I saw Welling go back to his master's shop—I was walking behind them—I could not hear what they said—I

did not see any opportunity that Welling had of getting any drink—he was sober when he got back to his master's about twelve o'clock.

ELIZABETH FOWLER re-examined . He went out again a little before one o'clock, and came home drunk about two o'clock—I saw the money "safe last about eleven o'clock on the 13th.

HARRIET REDDY . I am the wife of Frederick Reddy, and keep a clother's shop at Epping. On the morning of the 15th, three boys came to my shop, to all appearance the prisoners, are two of the boys—I served them with three pairs of trowsers, two handkerchiefs, and one pair of braces—the youngest paid—the other appeared the eldest of the three—I have seen two pairs of trowsers produced by the officer, which are what I sold—the other boy bought a pair of braces.

Cross-examined by MR. BALLANTINE . Q. This was on the 15th? A. Yes—Welling paid for them.

BENJAMIN CUTHBERT . I am servant to Mrs. Kirby, of Whitechapel—had—she keeps a clothes shop. On Friday, the 16th, two boys came to the shop—I think Welling was one—I sold two jackets to them—Welling said for them—this jacket was left behind—( producing it )—it is not the property of either of the prisoners—the jacket taken from Welling is the one I sold on that occasion.

(James Brown, of Montague-street, Russell-square, gave Welling a good Character).

WELLING — GUILTY of larceny only. Aged 16.

Transported for Seven Years .

BROWN— NOT GUILTY .

1040. RICHARD BLACKWELL was indicted for stealing, on the 12th of March , 1 musical box, value 10 s ., the goods of James De Caisne .

JAMES DE CAISNE . I live in Stephen-street, Lisson-grove, and am a tinman. I have known the prisoner four years—on the evening of the 12th of March he called on me, and staid about four hours—I had a musical box—I put it on the table, and after that put it on the top of a cheffonier, six feet from the ground—after he had gone some time I missed it—I got a police-sergeant, and followed him to a barge on the Paddington canal—I found him on board, and asked him for my musical box—he said he had not got it—I said, "I know you have"—he said he had not got any such thing—the policeman asked him for it several times—he denied it—the policeman then went to search the bed he was lying on—he still denied it, and then he searched his waistcoat, but did not find it—the officer said "Don't break the box, it is a tender thing;" and the prisoner then turned round, and put the box through a hole, at the back of the cabin, in among the packages—I saw him turn himself round, but did not see it put there—I found it there—he said if we would wait a minute he would dress himself, and give it us—he undid the cords of the tarpaulin, and moved some of the packages—the box fell to the bottom, and the policeman and another man there got it up—this is it—( looking at it .)

JOHN RYAN ( police-sergeant D 2.) I accompanied the prosecutor on board the barge, and found the prisoner in bed—I told him to give the box up—he denied having it—I then saw him shuffling about, and saw him put his hand into a hole, between the bed-place and the back-place of the barge—he then acknowledged that he had it, and would give it up—he got up, and partly dressed himself, moved some of the packages, and I saw the box at the bottom—I took it up—the prosecutor owned it—I found 7 s ., and a knife upon the prisoner.

Prisoner . I was going along the street, and met the prosecutor's wife with some gin—she asked me to drink, and I did—she asked me to go home, and I passed the evening with them—I got intoxicated, and returned to my bed—I did not know I had it till I got on board. Witness . He was not intoxicated at all.

GUILTY . Aged 33.— Confined One Month .

1041. MARY BOOTH was indicted for stealing, on the 28th of Feb ruary , 1 gown, value 2 s ., the goods of Charles Walter .

GEORGE SPILLER . I live with Mr. Charles Walter, a pawnbroker, in High-street, Marylebone. On the 28th of February the prisoner came to the shop, with another person, and immediately the prisoner was gone missed two gowns from inside the shop—I saw them safe a quarter of an hour before—I missed them before the other woman quitted the shop—I stopped the prisoner on Saturday, the 24th of March, at the corner of Marylebone-street, for stealing a pair of our shoes, and on her was found some duplicates, one of which was of this gown.

Prisoner . I took the gown out of pledge that day—I pawned it in company with Mrs. Lloyd at Mr. Daniels, and redeemed it from Mr. Grieves—it was my own—I bought it of his master twelve months ago—I was never in the prosecutor's shop that day, nor in company with the woman he names at all. Witness . Yes, she was with Mrs. Kite, and when she stole the shoes she asked me if Mrs. Kite had been there—I know perfectly well she was the person that was there—she was with Mrs. Kite.

HILL BECK ( police-constable D 127.) On the 24th of March I saw the prisoner stopped by Spiller, and took a pair of shoes from under her shawl—I took her to the station-house, and asked her name—she said she would not tell me, she would tell the Magistrate—Mrs. Noble searched her, and found twenty-two duplicates—one was of a gown, pledged at Mr. Daniels.

SOPHIA NOBLE . I searched the prisoner, and found this duplicate on her—she told me I should not search her, saying she would give me a good beat ing, and desired I would shut the door, but I persisted in searching her and found the duplicates on her, in a tin-box.

JAMES BURT . I am in the employ of Messrs. Daniels, of Bowling-street, pawnbrokers. I produce a gown, pledged on the 28th of February, by the prisoner in the name of Ann Lloyd, 6, York-court—Mrs. Lloyd was with the prisoner.

Prisoner. Q. Did you go to Mr. Grieves to know whether I had taken that out of pledge there that day? A. No, I did not—the gown was pledged in the morning, and in the evening they were very much intoxi cated.

GEORGE SPILLER re-examined . This is my master's gown—we mark all our property, with the cost price in ink—here it is now—I saw it that afternoon hanging inside the shop—it must have been twelve or eighteen months ago since we took it in pledge.

Prisoner . I purchased it in his shop twelve months ago last July—I was in his shop on the 20th of March—he said nothing about it—it could be proved by the pawnbroker's tickets and books that it had been pawned two months—I fetched it out that day. Witness . I had seen it safe in the shop that day—it has our mark, and if it had been washed it would have washed out—we lost it at three o'clock in the afternoon of the 28th of February.

JAMES BURT re-examined . I think it was pawned in the forenoon—I cannot swear it was before two or three o'clock—I cannot recollect whether had dined—I cannot recollect the hour.

Prisoner . I entreated of you to find out that I had taken it out the same day. Witness , She did at the office, and mentioned the name of the shop Greives and Brook, but she might have fetched a gown from there.

NOT GUILTY .

1042. MARY BOOTH was again indicted for stealing, on the 24th March , 1 pair of shoes, value 4 s . 6 d . the goods of Charles Walter .

GEORGE SPILLER . I saw the prisoner at my master's shop on the 24th March—I followed her out, took these shoes from her, and gave her into custody—the officer was about twenty yards off—these are the shoes— producing them )—they have our mark on the sole in ink—they had not been sold.

HILL BECK ( police-constable D 127.) I taw Spiller run and catch the prisoner at the comer of Little Marylebone-street, and take the shoes from under her shawl.

ELIZABETH TILLEY . I saw the prisoner take the shoes and place them under her shawl—I gave notice to Mr. Spiller, and be followed her.

Prisoner . I was in company with that woman at the Angel public-house, and had a quartern of gin—she gave me the shoes—the asked me to go and pledge them for her. Witness . I never saw her before—there is not a word of truth in it—I was against the door when the took them, and I told at once what she had done.

GEORGE SPILLER . This woman was in the shop—I was serving—the prisoner did not come in.

GUILTY . Aged 44. Confined Six Months;

1043. ANN FINN was indicted for stealing, on the 10th of February , 1 table-cloth, value 8 s .; 3 towels, value 2 s .; part of a gown, value 1 s . 6 d .; 1 handkerchief, value 1 s .; 1 spoon, value 2 s .; 1 knife, value 6 d .; 1 fork, value 6 d .; 1 wine-glass, value 9 d .; and 9 glass-cloths, value 2 s .; the goods of Henry Armour .

ANN ARMOUR . I am the wife of Henry Armour, a cabinet-maker, of Old Cavendish-street. The prisoner was my servant six weeks—we lost several articles—I acquainted her with it, not suspecting her—she said, she knew nothing about them—I gave her permission to go out to tea on the 18th of March—she returned about twelve o'clock the following day—in consequence of her not returning that night, I unlocked her box with a key of my own—I was not aware of its fitting it—my laundress was present—I found in the prisoner's box a table-cloth, two chamber articles, some towels, and various other goods and broken glass—I have no doubt it was broken by accident, and then concealed there—the articles could not have been there for the use of the house—I found some remnants of silk, part of a gown—the prisoner was coming in just as I was searching the box—I took her to the box—when I told her what I had found, she said she knew nothing of it—they are not things which intercepted between their use and going to the wash—she had not given them out to the wash—she gave me no explanation.

Cross-examined by MR. PHILLIPS . Q. Is the table-cloth clean? A. No, sir.

RICHARD BARNARD ( police-constable D 153.) I went to Old Cavendish-street, and found the prosecutrix there—she gave these articles into my hand—the prisoner was there, but said nothing in my hearing or presence.

(The prisoner received a good character.)

GUILTY —Aged 26.— Recommended to mercy ,— Confined Fourteen Days .

1044. HENRY AUSTIN was indicted for stealing, on the 16th of March , 2 feet of lead pipe, value 1 s .; 1 metal cock and ball, value 3 s .; 1 brush, value 3 s .; 1 valve, value 4 s .; and 1 knife, value 6 d .; the goods of John Perkins .

RICHARD REASON ( police-constable N 129.) I was in the Liverpool-road, on the 16th of March, and saw the prisoner coming from some unfinished buildings belonging to Mr. Glenn, with a basket—I overtook him, and searched his basket—I found this property—he said he brought them from his master, Mr. Perkins, at Holloway—I should think he was half a mile from Holloway—I took him to the station-house.

JOHN PERKINS . I live in Northampton-row, Holloway. This ball brush, and pipe, and other things are mine—they had been in a new building in the Liverpool-road, from which the prisoner is described as coming—I had engaged the prisoner as house-painter on the 15th of March, he had not completed the job—he should have come to me on the day he was stopped—he was stopped at twenty minutes after twelve o'clock at night.

Cross-examined by MR. GLOVER . Q. During the winter are painters frequently thrown out of employment? A. Yes, they are—prisoner said he had been out of employ—he had only been one day and a half with me—he has a wife and four children, but he might have worked till now, he was to have 4 s . a day.

GUILTY —Aged 28.

1045. HENRY AUSTIN was again indicted for stealing, on the 16th of March , 4 bells, value 10 s ., the goods of John Glenn ; being fixed to a certain building; against the Statute, &c.

RICHARD REASON ( police-constable N 129.) In addition to the articles mentioned in the last case, I found in the prisoner's basket these four bells—he gave no account of them—I stopped him at twelve o'clock at night in the Liverpool-road—it was from No. 11 that I saw him come.

WILLIAM CLARK . I live in Noel's-buildings, Liverpool-road. I know these four bells—they are the property of Mr. John Glenn—I hung them for him in a new house, in Liverpool-road—I think it is No. 11, Liverpool-terrace—they were fixed in the house—I had finished them that evening, as they were taken away the same night—they were fixed in the brick-work by this carriage, and that was wrenched off.

GUILTY . Aged 28.— Confined Six Months .

1046. ELEANOR HOGAN was indicted for stealing, on the 15th of September , 1 shawl, value 18 s .; 2 petticoats, value 1 s .; and 1 shift, value 1 s .; the goods of Kearon Hackett , her master.

BRIDGET HACKETT . I am the wife of Kearon Hackett, of Rufford's-buildings, Islington. The prisoner was my servant—she quitted me on Thursday, the 22nd of March—I missed a shawl and petti coat—I gave the prisoner into custody in consequence of a child bringing a pair of stockings and saying something—when she was given

into custody, I saw her searched, and she owned to having a petticoat of mine on—I saw it.

THOMAS HOBBS KING ( police-constable N 22.) I took the prisoner—I and seven duplicates on her—two belonging to the property of the pro secutor—they were in a purse in her pocket—I produce a petticoat taken from the prisoner at the station, and delivered to me in her presence.

SAMUEL SLOPER . I am in the service of Mr. Sherwood, a pawnbroker, St. John's-street-road. I have a shift pawned on the 15th of September, and a shawl on the 20th of March, by the prisoner.

BRIDGET HACKET re-examined . I never lent the prisoner any of these things—she had left me on the Thursday before—her week was up on the Sunday.

GUILTY . Aged 28.— Confined One Month .,

1047. THOMAS ROBINSON was indicted for stealing, on the 21st of March , 2 seals, value 3 s ., the goods of Mary Ann Mariner .

MARY ANN MOOR . I live with my mother, Mary Ann Mariner, widow, to keeps a broker's shop in Tottenham Court-road. A table stood outside the door with the seals on it—I observed the prisoner touch something, and believe I asked him what he had taken—he ran away—I sent the shop-man after him, who brought him back.

WILLIAM BAKER ( police-constable E 108.) I took charge of the pri soner, and searched him—I asked if he had taken any thing—he said no had not, I was quite welcome to search him—I found these two seals between the lining and cloth of his trowsers.

( Property produced and sworn to .)

Prisoner . I had found the seals the night before, and they had jumped on my pocket into my trowsers.

MARY ANN MOOR . I put these on the table that morning myself.

GUILTY . Aged 19.— Confined Ten Days .

1048. JANE CARR was indicted for stealing, on the 27th of March , pair of shoes, value 3 s ., the goods of Gregorio Giovanelli , her master: and 1 ring, value 5 s ., the goods of Theresa Giovanelli ; and that she had been before convicted of felony.

THERESA GIOVANELLI . I am the daughter of Gregorio Giovanelli, who lives in Albemarle-street, Clerkenwell—the prisoner lived there as ser vant—I missed a pair of ear-rings from a drawer in a bed-room on the second floor, also an emerald ring which I kept on the mantel-piece, and a pair of shoes—the prisoner asked for a holiday—she did not come back—went to her house, and her sister gave me a duplicate in her presence.

MARY ANN CONNOR . I live in Lamb's-court, Clerkenwell, and sell oranges in the street. The prisoner gave me a ring, and said it was no good to her, I might keep it—I gave it to the policeman directly I heard was stolen.

JOSEPH NUNWICK ROSIER . I keep a pawnbroker's shop in Turnmill-street. I produce a pair of shoes pawned on the 27th of March by the prisoner to the best of my recollection—I cannot speak positively—she gave the name of Ann Willis, lodging at No. 27, Turnmill-street.

JAMES BARNETT ( police-constable G 53.) I got this ring from Connor I produce a duplicate given to me by Theresa Giovanelli—this one pro duced by the pawnbroker is a counterpart of it—it is for a pair of shoes.

THERESA GIOVANELLI re-examined . These shoes are my mother's—the ring is mine—it is gold.

WILLIAM BARTON ( police-sergeant G 1.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present when the prisoner was tried—she is the person here described—( read )

GUILTY . Aged 17.— Confined Three Months .

1049. JOHN ARNOLD was indicted for stealing, on the 25th of March , 3 1/2 lbs. weight of mutton, value 1 s . 9 d .; and 3lbs. weight of been value 1 s . 9 d .; the goods of James Green .

JAMES GREEN . I live in Crawford-street. My father, James Green, is butcher—before nine o'clock on the morning of the 25th of March I was in the shop serving a customer—the prisoner came in—he had a bag with him—after I had served the other customers I turned to the prisoner, and asked what he would give for the meat he was cheapening—he made no answer, but walked off—I missed two pieces of meat—I went and found him in a door-way twenty yards up—he was taking the meat out and putting it into a handkerchief—I took him—two pieces of mutton and two pieces of beef were found in the handkerchief—it was Yorkshire mutton—I know it by the scoring, and we had the fellow pieces.

JAMES COLE ( police-constable D 25.) I found the prisoner in Oxford-street—I asked him what he had got under his bag—he said, "Nothing—I lifted it up, and found the meat in a handkerchief—I found 1 s . 4 1/2 d . on him, and four duplicates.

GUILTY . Aged 53.— Confined Ten Days .

1050. JOSEPH TILLER was indicted for stealing, on the 20th of February , 3 watches, value 6 l . 3 s .; 1 shawl, value 1 l . 8 s .; 1 handker chief, value 4 s .; 1 seal, value 4 s .; 1 basket, value 4 d .; and 1 boot, value 6 d .; the goods of Robert Hayes , in his dwelling-house; and that he had been before convicted of felony.

MARY HAYES . I am the wife of Robert Hayes, of Spring-garden-place Pimlico. The prisoner has lodged in my house since August—I left my house on the 20th of February, and came home between six and seven o'clock—he was not there—he did not return—he gave no notice of his going—I went to a box in my bed-room on the first floor—I usually keep that box value my bed—I found a poker on the top of it—it was broken open—I missed three silver watches, a jacket, shawl, handkerchief, and a belt—the jacket was found again in the coal-hole, where the basket was missing from—I should think all the property I missed was worth 8 l .—the prisoner denied knowing any thing of it.

Prisoner . She lent me the shawl a fortnight before I left. Witness No, I never lent it him.

LUCY CAWLEY . I am the wife of Peter Cawley, of Spring-garden-place, Pimlico. I saw the prisoner coming from Mrs. Hayes with a basket with rope handles—I knew it, and asked if he had got work—he said no, but he was to have two places next week—I said was glad of it—there was a boy who, I think, was speaking to him, but just as I spoke to him they parted—this was about four o'clock on the 20th of February.

Prisoner . It was in the morning I saw her—I was going for potatoes.

Witness . I saw him in the morning, and he had the basket, and I believe be same was boy with him.

JOHN LAMBERT ( police-constable L 29.) The prisoner was brought to the station-house, on the 12th of March, on a charge of stealing three watches—I found a boot on his foot.

MARY HATES re-examined . I am quite sure I never allowed him to wear this boot—it was left by another lodger to get mended—it was in a closet in the room where the prisoner slept—that was not the room where the box was—the poker and the key of the first-floor room were taken from the kitchen—I did not miss the things till the next day, when I went I get a cap to put on.

Prisoner . She had told me that if I could not get the money to pay her I must not stop there. Witness . I did not—I said if he could get work I would give him victuals the first week, but he must endeavour to get work—he persuaded my little girl to come to me at my day's work to tell me that my little boy had played the truant at school, and he had not.

WILLIAM STRANKS ( police-constable N 155.) I produce a certificate from Mr. Clark's office—I know the prisoner—I was present when he was tried before—he is the the person described in this certificate—( read ).

GUILTY of stealing the basket and boot.

Confined Six Months .

1051. ELLEN M'CARTHY , ELIZABETH WATTON , SARAH EVANS , ANN JONES , MARY BATEMAN , JANE FREELAND , and ISABELLA PAGE , were indicted for stealing, on the 24th of March , watch, value 3 l .; 1 watch-ribbon, value 1 s .; 1 watch-key, value 2 d .; 1 pair of trowsers, value 15 s .; 1 pair of shoes, value 5 s .; 1 pair of braces, value 6 d .; 1 handkerchief, value 3 s .; 2 half-crowns, 3 shillings 1 sixpence, pence, and 4 halfpence; the goods and monies of Thomas Thompson .

SAMUEL GREEN ( police-constable H 61.) On the morning of the 24th March, before three o'clock, I was on duty in Wentworth-street, and saw Thomas Thompson—he had got a jacket and waistcoat on, and a pair of drawers, but no trowsers, shoes, or neck-handkerchief—he was standing in Wentworth-street, against a door-way—he complained of being robbed—went to the second floor of a house in Essex-street—when I got to the top of the landing, I saw the prisoner, M'Carthy, holding a pair of trowsers before her, coming out of the room—I said, "Halloo, what have you got there?"—she ran into the adjoining room, which was the back-room two pair and threw them underneath the bed—as soon as I had picked them out from underneath the bed, I said, "I have got the trowsers, where is the watch?"—she paid, "I know nothing about the watch, the watch is here"—while I was kneeling, I saw her go to a fife-place, and stoop I went and looked, and found two half-crowns, three shillings, one sixpence, and three penny pieces, and half the glass of a watch, among the dust, under the stove, where she was stooping—we then returned into the front-room two pair, from which she came with the trowsers—the sergeant was in that room—I said, "Look out, the watch is in this room, some-where"—the sergeant looked about, and found the watch in that room—we then took the other six prisoners, who were all in the room, to the station-house—after that, I went to No. 107, Wentworth-street, to the first-floor backroom, and found a pair of men's shoes, and On the table, a black silk neck-handkerchief, which prosecutor claimed.

JAMES WALTON ( police-sergeant H 3.) I went with Green to the house in Essex-street—I went into the room where the watch was found, while Green went into the back-room—the other six women were there—I saw M'Carthy come out of the room—the watch laid upside down on a chair in that room, at the back part of the bed—Page was sitting on the bed, and the rest were standing close to the same spot—they were all taken to the station-house—I went to No. 107, Wentworth-street—I found there 3 d . and a watch-key lying on the floor, and three bonnets—the distance between the two houses is, I suppose, from fifty to sixty yards—I took the bonnets to the station-house—one was claimed by M'Carthy, another by Bateman and the other by Freeland—they were without bonnets when I took then—the other prisoners had their bonnets on.

McCarthy. Q. Did you see me with the prosecutor? A. No, none of you.

THOMAS THOMPSON . I live in Hermitage-street, St. George's-in-the—East, and am a lighterman. I had been drinking all that evening, till late hour—I recollect seeing two of these women at the last house I was in—I believe M'Carthy was one, and I think Bateman was the other—was very much in liquor, but I can just recollect they were in the last house I was in—they were standing before the bar, in the same public-house—I had about 12 s . or 14 s . in my pocket, at eleven o'clock, and watch—I had a pair of trowsers on—this is my watch—the cold awoke me—I was sitting on the step of a door, about three o'clock, as the policeman tells me—ray shoes and handkerchief were off—I had no halfpence in my pocket, that I know of—these shoes, trowsers, watch, and handkerchief, are all mine—I think I had four half-crowns—this is my watch-key—it was not on the ribbon—it was in my pocket.

M'Carthy. Q. Did you see me in the public-house? A. Yes—believe I gave you something to drink, I am not certain.

COURT . Q. Do you recollect any thing of Bateman? A. They were together—I cannot say any thing of the rest of them.

M'Carthy's Defence . I never saw Bateman till I went into the where she was—I never saw her from about nine o'clock at night till about three o'clock in the morning—I went to stir the fire, to give us a light and as I was going down stairs for some water, I picked up these trowsers at the bottom of the stairs, I put them on my arm, and threw then down—we had gone up, and left our bonnets in the room—when I bonnets were, we had had tea, with three girls, and when we were taken to the station-house, we told the officer to be so kind as to go and get them—I never saw the man.

Watton's Defence , I was going to bed—we had a room on the same landing as two of the other women—they knocked at the door and asked for a light, which I gave them, and then the officer came.

Evans's Defence . The watch was not on the chair when I went, home at twelve o'clock.

M'CARTHY— GUILTY . Aged 17.— Transported for Seven years .

WATTON and the others— NOT GUILTY .

Sixth Jury, before Mr. Sergeant Arabin .

1052. HENRY COVENTRY was indicted for stealing, on the 3rd of April 1 handkerchief, value 3 s . the goods of Joseph Knight , from his person.

JOSEPH Knight . I reside at Reading, and act as a traveller. I was in Duke-street, Lincoln's Inn-fields, at half-past one o'clock, on the 3rd of April—the prisoner had followed me some distance, and then went behind and crossed over to the other side of the street, retracing his steps, which Excited my suspicions—I felt, and missed my handkerchief—he ran off—I cross him—he met a constable and turned back—I collared him, and demanded my handkerchief, and he gave it to me out of his bosom.

GEORGE MARCH ( police-constable F 78.) I heard an alarm—the pri soner was running towards me—he turned—I went up and took him—I saw the handkerchief pass from him to the prosecutor.

Prisoner . I was returning from a friend's—I saw something white lying the pavement—I took it up and crossed over the way—I then heard a of "Stop-thief—I ran to the corner of the street—two gentlemen came up, and I received a violent cut on the head from one of them.

GUILTY . Aged 18.— Confined Six Months .

1053. GEORGE BRIGGS AVENELL and JERRARD BRUNIGES were indicted for stealing, on the 13th of March , 1 copper, value 7 s . 6 d ., the hoods of Elias Hellen and another, and fixed in a certain building.

ELIAS HELLEN . The premises in Wiltshire-street, Hoxton, from which this copper was taken, belong to me and another person, as executors—the copper was fixed in the kitchen—I let the premises to Avenell—he gave one the name of George Briggs, and a reference to Mr. Avenell, No. 3, crown-street, Finsbury—he asked if there were any fixtures to be taken I—I said no, the fixtures belonged to the house—he was not to pay for them—I let the copper among the things—I sent my co-excuite inquiries at Mr. Avenell's—in consequence of the answer he was admitted into the house—the other prisoner I never saw till he was in custody—I had been to the premises after they were let—I think I let them before the the 13th of March—I found the copper removed—I believe this is it.

MR. PATNE . Q. Does this paper contain the terms upon which you le I the house? A. I let the house verbally—I made a memorandum of it af terwards, and the terms were reduced to writing, and signed by him.

ROBERT STEERS . I am one of the executors. I called at No. 3, I Crown-street, Finsbury, to see a person who wished to take a cottage of ours, to know Briggs's character—he said he lodged at that house—I was to go to a Mr. Avenell to inquire into his character—I went there, and saw the prisoner Bruniges—I asked him if Mr. Briggs resided there—he said, "Yes"—he said Mr. Avenell was out of town, and would be for two or three days—I said, "I dare say you will do, is Mr. Briggs here?"—he said, "No, he will be in at his dinner"—I said,"Is he a lodger?"—he said, "Yes"—I said, "Is he sober, honest, and industrious?"—"Yes," said he, "and what is better, he pays his rent to a day, and his wife has a small allowance from her mother, which would indemnify you from any loss"—he gave him a good character.

Cross-examined. Q. Are you quite sure that it was Bruniges you saw? A. Yes—I never said I saw a young man whom I belived to be Brunnigs.

MATTHEW PEAK ( police-constable G 198.) On the 13th of March I under the prisoner Bruniges, in the Curtain-road, carrying a copper under his arm—I said, "Where did you get that from?"—he said,"From

my brother, at Shacklewell; I am going to take it to my father's; he is going to have it fixed"—I said, "Where does be live?"—he said, "At No. 5, Skinner-street"—I said, in going along, "I suppose your father will show me where it is going to be fixed?"—he said, "I don't know that he can"—I then took him to the station-house—he said it was no use giving me the dance to Shacklewell; if I would go to No. 2, Wiltshire-place I should hear all about it—I went there, and some woman came to the door—Briggs or Avenell came out of the parlour, and said he had sent his young man with a copper, which had a hole in it, to his father's to be mended—when I was going to take him out of the house he said, "Cannot you settle this business?"

THOMAS ROBINSON . I know this copper—( looking at it )—I repaired it in that house.

Cross-examined. Q. How do you know it? A. By my work upon it—the work ought to last six or seven months—I cannot tell How long ago I mended it.

GEORGE THOROGOOD . I am a bricklayer. I set this copper at No. 2, Wiltshire-place, Hoxton, on the 11th of January last.

CHARLES VAISEY . I am a china-dealer. On the 15th of February then prisoner Avenell ordered some glass of me—he did not give any name—I took it to No. 3, Crown-street, and delivered the first little parcel to his wife—I delivered the goods for ready money—I saw the other prisoner, Bruniges—he had the large portion of the goods—they lived in the same house.

Cross-examined. Q. How do you know it was Avenell's wife? A. I have seen her since, and she represented herself so—I had seen Avenell before—he bought a small portion three days before, which came to 10 s . 4 d .—the other parcel came to 3 l . 8 s .

ELI AS HELLEN re-examined . I saw this copper safe in the beginning of January—Avenell took the house at 30 l . a-year.

MATTHEW PEAK re-examined . I was ordered by the Magistrate to fill the copper, to see if it ran out, and it did not—there was no hole in it—I took the prisoner on the 13th of March.

( Witness for the Defence .)

ANN CARPENTER . I am the sister of Avenell's wife, and live in the house with them at Hoxton. I remember, on the 13th of March, coming down, and finding the copper gone—I went up stairs, and told my brother and sister, who were in bed—my brother appeared angry and surprised.

COURT . Q. How many people live in that house? A. My sister, brother, and two children, and myself—his name is George Briggs Avenell—Bruniges lived there—I remember the copper being in the back kitchen—I have seen it all secure—I cannot tell How it was taken—Bruniges worked for my brother-in-law, and knew the house very well.

(The prisoners received good characters.)

AVENELL— GUILTY . Aged 21.

BRIGGS— GUILTY . Aged 22.

Confined Six Months .

1054. WILLIAM BEST was indicted for stealing, on the 7th of March , 5 wooden posts, value 1 s . 3 d .; and 2 wooden rails, value 3 d .; the goods of William Brown .

SILAS STRANGE . I live with William Brown, at Harlington. He lost some wooden posts and rails from round his meadows—they were put up to keep his cows in—the rails were nailed on the top, and

the posts fixed in the ground—the prisoner lived in a little low cottage three hundred or four hundred yards from Mr. Brown—we found the posts and rails in his garden at the back of his house—he put them up to make a pig-stye—they are here—they are elm—I know them because they are elm wood—I can swear to them—I helped to put them up—I drove some nails in to nail the rails on—some of them might have been loose—I can not say.

THOMAS BRAY . I am a constable. Last Tuesday morning Mr. Brown sent for me, and said he had lost a large quantity of posts and rails at sundry times, and he had a suspicion that some of them were on Best's premises—I got a search warrant, went with the servant, and found these five posts and two rails.

Prisoner's Defence . I was going to work one morning about seven o'clock, and found these on the road—I took them, and brought them home about five o'clock in the evening—I did not know whether they had dropped off a cart or what.

NOT GUILTY .

OLD COURT .— Friday, April 6 th , 1838.

First Jury, before Mr. Sergeant Arabin .

1055. WILLIAM GREEN was indicted for stealing, on the 23rd of March , 2 nose-bags, value 10 s ., the goods of Charles Barclay , and others; and that he had been before convicted of felony.

JAMES SMITH . I am a policeman. On the 23rd of March I saw the prisoner at the corner of Angel-alley, Whitechapel, with these two nose-bags across his shoulder, at a quarter before six o'clock in the evening—I asked him How he came by them—he said they were given to him to hold by a man named Hookey, who was gone into the City, and who worked for a lady—I found that to be false, and found the owner—I took him to the station-house.

BENJAMIN JOHNSON . I am a drayman to Messrs. Charles Barclay, and Co., brewers. I was out on the 23rd of March—my dray was in Billiter-street, very nearly half a mile from Angel-alley—my horses were standing there—they had the nose-bags on—I put them on before I went—I was absent about half an hour from the dray—when I returned I found one off my shafts, and one off my mate's—I do not know the prisoner—I never saw him till at Lambeth-street—I know these to be ray master's property.

EDWARD BRABY . I superintend the nose-bags and harness of Messrs. Barclay and Co.—these two nose-bags are my master's.

Prisoner's Defence . I was coming from Angel-alley—a young man asked me if I would mind these two nose-bags for him till he came back out of the City—I put them across my shoulder, and had them when the officer came up—he asked me How I came by them—I told him—he took me to the station-house, and found out who they belonged to.

JAMES HOWARD . I am a policeman. I produce a certificate of the prisoner's former conviction from Mr. Clark's office—( read )—I was a wit ness against him—he is the person.

GUILTY . Aged 23.— Transported for Fourteen Years .

Before Lord Chief Justice Tindal

1056. ANN KIMBLE was indicted for unlawfully, maliciously, and feloniously assaulting Ann Elizabeth Shepherd , on the 3rd of April , and cutting and wounding her upon her forehead, with intent to main and disable her.—2nd COUNT , stating her intent to be to do her some grievous bodily harm.

ANN ELIZABETH SHEPHERD . I am the wife of Christopher Shepherd, a private soldier in the 1st Regiment of Guards. The prisoner lodged in the same house as I did in Belton-street for five or six months, or, perhaps, more—I had had a quarrel with her last Saturday—in consequence of that I went to Bow-street—she issued a warrant against me, and I went there on Tues day, and was discharged—she threatened me very much with what she would do to me when we got home—she said she would be the death of me, and threatened my life repeatedly—I went home, went up stairs, pulled off my cloak, and was coming down stairs—I had a glass bottle in my hand—she was standing on the first-floor landing-place, coming upstairs—she had got her bonnet and cloak off, and was swearing she would murder me, and be the death of me—she did not say any thing more to me, but knocked me down, and when I fell down she took the bottle from me—I was trying to pass her—she took the bottle out of my hand, and hit me with it across the head, on my forehead, above my eye, where I have the plaster—it cut my forehead—(I went to Charing-cross Hospital)—the blood came—the bottle was broken with her hitting me—she held it by the neck—after that she hit my right fourth finger with her teeth—the blow stunned me, so that I cannot tell whether she threw the bottle down—she bit my finger almost through to the bone—she kicked me with her feet, and bit me with her teeth—I found her doing so when I came to myself—she beat me about my head, and kicked me about my body—I called out as well as I was able, and went down stairs to the shop—I never had any quarrel with her till Satur day—I never spoke to her when I came down with the bottle in my hand.

Prisoner. Q. When I met you on the stairs, what did you say to me.? A. I never spoke to her, nor opened my mouth—the Magistrate told me not to speak to her if she insulted me, but, if she used me ill, to come and take a warrant for her—I never spoke to her afterwards till I saw her in the office—I never spit at her.

COURT . Q. What were you doing with the bottle? A. I was going to take it down stairs to the person it belonged to—it was an empty bottle—it was about three o'clock—I had not dined—I had only just come from Bow-street—I had had the bottle three or four days—I had nothing in it that day—I got home first from Bow-street—we did not walk home to gether—no one was on the stairs—the people had all shut their doors.

SAMUEL SUTTON . I am a policeman. Last Tuesday afternoon I was in Seven Dials, and was called to No. 33, Belton-street, about half-past three o'clock—I met the prosecutrix at the door, and found her bleeding very profusely from the head and face—one of her fingers was bleeding—I went after the prisoner—she was in the front attic—the door was closed and locked—I asked her to open the door—she refused to do so—the pro secutrix went to Bow-street, and shortly after, Shackell, the Bow-street officer, came back and took her into custody—during the time he was gone to the office, I picked up the remnants of a bottle on the first floor landing, which I produce—it is a small half-pint bottle, broken into a great number of pieces—the blow must have been given with great vio lence—the prosecutrix's face was completely covered with blood, so that I could not distinguish where the wound was—I believe she went to the surgeon—I saw the wound after it was dressed.

ANN ELIZABETH SHEPHERD re-examined . I went to a surgeon at charing-cross Hospital—he probed the wound, to see if there was any glass it, and then dressed it.

Prisoner's Defence . When I fetched the warrant for her she treated me very ill—I never lifted my hand or my finger at her—she told the Magis trate I called her a w—, but I did not—I cannot say any thing else—I ever struck her before, and never had such a thought in my head—about four months ago she called three of them together, and they told my master different stories, which are untrue, about me, and they set this woman on call me every thing that was bad, and to beat me—they never did beat me but threatened me on Sunday, three or four months ago, How they would serve me—it always caused me and my master to live unhappy through them.

GUILTY . Aged 28.— Recommended to mercy .— Confined One Year .

Before Lord Chief Justice Tindal

1057. ROBERT MIERS was indicted , for that he on the 28th of January , unlawfully, maliciously, and feloniously did set fire to a certain house in his was possession, in the parish of St. Marylebone , with intent to injure and defraud John Rogers , Chairman, for the time being, of the Union Society for affecting insurance from fire, &c.—2nd COUNT , stating his intent to be, to injure and defraud Thomas Lewis , Secretary of the said society—3rd COUNT , stating the house to belong to John Warden , and his intent to be, injure and defraud him.

MESSRS. F. KELLY, CLARKSON , and DOANE , conducted the Prosecution .

THOMAS LEWIS . I am secretary to the Union Fire Office—Mr. John Rogers is the chairman of that society—we were both filling those situations the 20th of last January. I produce a policy of Insurance effected by the prisoner, Mr. Miers, on the 12th of January, 1838—this insures 300 l . on household furniture, apparel, plate, printed books, wine and other liquors in private use, (the words are written in the form, not printed;) 10 l . on china, glass, and looking-glass plates; 50 l . on watches and trinkets; and 2500 l . on utensils and stock in trade, in his dwelling-house, 28, High-street, Marylebone—this is the second policy—here is also a former policy efflected by the prisoner—it is dated 20th of January, 1837—the items are the same in this as the other, except the stock, which was 3000 l .—in the second is reduced to 2500 l ., which is 500 l . less than the first I produced—the stock, in this policy, is represented to be in his dwelling-house, 184, oxford-street—it is in the same words as the other.

Q. Will you be, so good as to look at the first policy, and tell me whether there is aa indorsement on it denoting that the goods had been removed? A. Yes; that is on the policy of the 20th of January, 1837—be indorsement is dated 2nd of June, 1837, and states, "Removed to his swelling-house only, situated No. 28, High-street, Marylebone"—that policy was cancelled by the other being issued—there is no formal cancel ing at the back of it—that is not our course of business—the date of it is 20th of January, 1837, but it commences from the 25th of December, 1836, on the 25th of December, 1837, and then expires, as it is from year to year—the latter policy commences from the 25th of December, 1837.

GEORGE CAMPION . I have been agent for the Union Insurance Office or the Eastern parts of the Metropolis—I know the prisoner—I never saw him tell he called on me after the fire—I knew his brother—it was on

Monday morning, the 22nd of January, that the prisoner called on me, in consequence of what passed between us, I accompanied him that day the Union Insurance Office.

Q. Did you afterwards, at the suggestion of the prisoner, or with prisoner's consent, act for him in preparing with him any statement of loss? A. Yes—I went with him in the first place to Mr. Toplis, to with him—Mr. Toplis is the general agent of the office—the Insurance office is in Cornhill—I prepared, at the prisoner's dictation, a statement his claim—( Mr. Toplis here produced the claim )—this is the claim I made out—I sent that to Mr. Toplis on the 1st of February—I prepared that papers produced to me by the prisoner, and from statements he made—I had perhaps four or five interviews with the prisoner before it was completed. he furnished me with the particulars out of which I made the inventory—had those interviews with him in my own office in Bishopsgate-street—I accompanied me to Mr. Toplis in the first instance.

Cross-examined by MR. PHILLIPS . Q. Where did you sign this? A. In my own office—Mr. Toplis was not present—this is not the original that the prisoner gave me—he did not give me this—he gave me papers from which I took it—there was a rough draft made out by me at first—it is not the only draft I drew out by his directions—he had a copy of it—I drew it out in my book in the first instance.

Q. Did the prisoner ever correct a draft that you drew up, "stating that it was incorrect and full of errors? A. Yes—that was a second claim—this bears date the 1st of February—that is the true date of it—it was signed by me on the 12th of February—it was signed on the day it bean date, or thereabout—it was presented to the prisoner, and he looked over it before it was delivered—I signed it about that date, or previous it—it was made out for the inspection of my employer.

MR. CLARKSON . Q. Take that in your hand again—you see at the end of the entitling of it is written, "by George Campion, auction and valuer, Bishopsgate-street, February 1st, 1838?" A. Yes—it was delivered on that day—I have again signed it at the end as a declaration—that was on the 12th, when we both appeared before Mr. Toplis—nothing passed after the delivery of it on the 1st between the prisoner, myself or Mr. Toplis on the subject of the inventory, except the appointment an interview to go into it—no alteration was made in that copy between the 1st, when I delivered it to Mr. Toplis, and the 12th, when I delivered it as a statement—after Lmade out that inventory I made out a copy for the prisoner and I had a conversation with him on the evening of the on the subject of his copy—that was previous to this being subscribed me, and dated 12th February—this is the copy I delivered to the prisoner—( looking at it )—I gave him that copy three or four days previous to the 12th—I had some conversation with him at my office on the evening of the 12th, before we went to Mr. Toplis—he then said the original inventory was incorrect—he said things had been stated in error in my original copy, and were not on the premises on the night of the fire—he brought his copy to me with some articles struck out, stating that they were not on the premises at the time of the fire, and that the statement was incorrect in that respect—he did not give me any intimation of that before the 12th of February—the first correction I observe is written in the margin respecting the wine and spirits, at page 5—there is written in the margin that the spirits and wine were in the parlour-closet instead of the wine-bin—I cannot say in whose writing these marginal notes are—that is the way in which the prison brought

it to me—in page 7 the balance ivory-handled knives and forks, valued at guineas; twenty-four ditto, dessert, 1 l . 14 s ., and one pair of carvers, 8 s ., in the back parlour ground floor, are all struck out; and in the margin is written, Mistake, sold to Midgley about June last"—the next is at page 5, two large clothes-brushes, 5 s ., in the front room, second floor—they are struck out, and twice entered" written in the margin—the next articles are under the head of w apparel, two black silk handkerchiefs, 10 s . "twice entered" is written in the margin, and the articles struck out—the next is under the head baby-linen, six long muslin robes, 5 l . 10 s .; six muslin petticoats, 1 l . 10 s .; 6 monthly gowns, 2 guineas; six long cloth night ditto, 1 l . 4 s .; four night flannels, 1 l . 18 s .; six day flannels, 2 l . 12 s .; twelve diaper napkins, 18 s .; twelve lawn shirts, 1 l . 10 s .; twelve fine diaper pinafores, 1 l . 4 s . six French cambric caps, 25 s .; six lace ditto, 10 s .; one satin pincushion, 15 s ., these were all struck out—under the head of Mrs. Mien's wearing apparel, there are dresses, 5 l . 10 s ., struck out, and "mistake" written in the margin; six pockets, 6 s ., struck out, and "mistake" written in the margin; one India crape dress, 1 l . 10 s ., "not our own" written in the margin; one ging-ham umbrella, struck out, and "twice entered" written in the margin—under the head of watches and trinkets there is, silver bells and coral, page 7, struck out, and the words "see Midgley" written in the margin—those are the whole of the alterations suggested by the prisoner on the 2th of February—the alterations were already made in the list when he brought it it to me—those are the alterations between the copy delivered to Mr. Toplis on the 1st, and the one the prisoner brought me on the 12th.

Cross-examined by MR. PHILLIPS . Q. Now, Mr. Campion, did not the prisoner refuse to sign that inventory as of the date of the 1st of February? He refused to sign it altogether—he did not refuse on the ground that dough it was to be signed on the 12th, I was dating it as if it was signed on the 1st—I am not aware that he offered to sign his own corrected list, did not, to my knowledge—he did not sign it, and therefore Mr. Toplis failed on me to sign the declaration—he did not offer to sign his own cor rected list, to my knowledge—I should think I could not forget it if he did—he did not, to my knowledge—how can I swear positively? I know of to such thing—Mr. Toplis, Mr. Rickards, and his clerk, were present. Q. On your oath, did not Mr. Toplis interfere to prevent Mr. Miers sign ing his own corrected list? A. Not to my knowledge—I have no recol lection of it—I never heard him offer to sign it—he refused to sign one list I believe because he said it was incorrect—he said it was incorrect, and therefore he would not sign it—it was the first one he refused to sign, which is the one I had made out, which he had not corrected, dated the 1st of February, and that is the inventory I signed for him on the 12th—he refused a sign the inventory—I cannot say whether he refused to sign the declaration at the end of it—Mr. Toplis asked him on the 12th to sign the inventory, and he refused, on the ground that it was incorrect—it was after he refused to sign the inventory that I wrote this declaration, but the same night—that is a decla ration of mine—I have read it—it is a declaration of mine—I do not con ceive that Mr. Miers was asked to sign that declaration—I believe he was not, because it is a declaration of my own—I can say no more.

Q. Now, were you acting as his agent, as well as agent of the Union? A. In that capacity I was not acting for the Office, but for him, and I expected to be paid by him—I got the whole of his books, for what I know, as his agent—he delivered them himself to Mr. Toplis on the 12th of February—I did not deliver them.

Q. How many books had you from him to help to make out these ac counts? A. ( reading )"Delivered to Mr. Campion, all my books as follows:—one ledger, one day-book, one stock-book, one paper case, con taining invoices, and one brown paper parcel containing bills of parcels, signed Robert Miers"—the declaration at the end of the inventory is not in my handwriting, it is Mr. Toplis's—the signature is mine.

Q. Now I ask you, did not Mr. Toplis, in your presence, twice delivery pen with ink in it into the prisoner's hands, and ask him to sign that decla ration before you signed it? A. I am not aware of it—I believe not—it did not take place that I know of—I will not swear positively—he did either not the pen into his hands, or offer it to him to sign the inventory, but I because not to sign the declaration—I am not aware of his asking him to do so—I believe he did not—not the declaration—I was present—he did not put the pen into his hands, and ask him to sign the declaration in my presence hearing, that is my present impression—I know of no such thing—I have been an agent to the Union for some years—I have acted in a good many claims and concerns in effecting insurances.

Q. When you were employed by Mr. Miers, did you tell him you had occa sionally acted as agent for the Union in effecting insurances? A. Yes, he insured through me—I gave him a copy of the first inventory—he applied for it one day, and I think he had it the next—I think it was about the 9th that I furnished him with the copy—he applied for it somewhere about the 8th—I believe it was about the 8th or 9th—it was certainly not the 6th or 7th that he applied—I am now looking at my inventory book—I think it was about the 8th I furnished him with the copy—I have not the day en tered—it is possible it may have been on the 6th that he applied to me—I have said before it was about the middle, between the 1st and the 12th.

MR. KELLY . Q. I think the 4th of February was on a Sunday, are you sure it was not till after Sunday, the 4th of February, that he applied to you for the copy? A. It was after Sunday, the 4th of February—when I deli vered the first inventory (No. 1.) to Mr. Toplis, on the prisoner's authority on the 1st of February, it had not this declaration on it—I then delivered it as a claim of Mr. Miers so far as he had insured—Mr. Miers came to me again about the time mentioned, and stated that there were several things which were wrong, and asked me to make him a copy for his own private use—I do not recollect any thing he particularly mentioned then except the coral—he said he had no copy of the slips of paper he had given me and he wished to have a copy for his private use to see what was claimed—I do not recollect any thing else taking place then—he took the copy away next day—I think he mentioned the bells and coral on the first day—he said there were several things incorrect, and I think he mentioned the bells and coral—he said that the lists that were given me were made out in enter—I think I gave him the copy the next day—this is the copy I gave him, (No. 2,) the day or two days after he asked for it—I really cannot recollect whether I had any further conversation with him respecting the corrections or mistakes when I gave him the copy—I think I saw him once or twice after, between then and the 12th, on the subject of the details.

Q. Do you remember on either of those occasions, or on any occasions down to the 12th, whether he pointed out or spoke of any other errors, omissions, or corrections, except such as appear on that copy? A. I really cannot recollect—I have no recollection that he said there were any other errors—I saw him on the 12th in Mr. Toplis's office—we met there by appointment—I had made the appointment with Mr.

Miers about seven o'clock in the evening—we met at Mr. Toplis's own private house in Bridge-street—only one inventory was produced in the first instance—that was No. 1.—Mr. Toplis produced it—he had it previously—I believe Mr. Miers was requested to sign it—he then said he could not sign it because there were many errors in it—then Mr. Miers produced the copy I had given him, ( No . 2,) which was intended for his own private use, marked as to errors—it was produced as altered by him-self, with the alterations which have been read—I have no recollection that the pointed out any errors besides those which were altered—Mr. Toplis asked him many questions about No. 2.—I cannot recollect exactly the particulars—there was a great deal of conversation between Mr. Toplis and the prisoner.

Q. I see, with regard to the amount of stock, these two statements com pletely agree as to the loss sustained at the fire, 3217 l . 9 s . 8 d .—I want to know whether, during the whole of the conversation, any objection was made, or any error stated to have been committed with respect to the amount of the stock? A. I believe not—as far as I recollect, no error was pointed out except those mentioned in No. 2.—I think I recollect now that Mr. Toplis, after Mr. Miers refused to sign No. I, asked him to sign the other, No. 2.—I think so—I think he refused to sign it—he certainly did not sign it—I signed nothing except this declaration—I think we separated about half-past ten o'clock—we had been together from seven o'clock till half past ten o'clock.

MR. PHILLIPS . Q. Did you make out the copy for the prisoner on a Saturday night, and sit up till twelve o'clock to do it? A. I think it could not be on a Saturday night—I said I thought it was on the 8th or 9th—the 9th would have been Friday night—I do not think it could be Saturday night—it must have been on Friday night—I generally go out of town about five o'clock on Saturday nights, and I believe I did so that night—it could not be on Saturday night, according to the impression on my mind—I am not aware that I apologised to the prisoner on the Mon day night, saying that it was not finished, and I wanted an additional paper to make it up—it could not have been on Monday, the 5th, that I delivered it.

Q. What makes you say, with any degree of certainty, that it was after Sunday, the 4th, you made the copy? A. I believe it was on the 8th or 9th—I have nothing entered relating to it—I have no book with me in which I enter what I do on any particular day, or How I pass my time—I have a day-book where the time is entered—that book is at home—I have no objection to bring it—this book I have here is a mere diary—here is entered on Monday, the 5th of February, "Received a letter of appointment from Mr. Toplia, and sent to make proper arrangements with Mr. Robert Miers—when I went to make that proper arrangement he was not in the way—It is not stated in that book that he was not in the way.

Q. Now, Mr. Campion, I see you have entered very minutely in this book a great many things concerning Mr. Miers, will you be kind enough to tell me whether you have any entry at all as to when you made out the copy for him? A. If I had I could have answered you—I have not an swered any thing positively, only as to the impression on my mind—you would not have me state that which I do not know—there is an entry on the 9th of February—"Robert Mieres's"—"advertisement"—that does not re late to Mr. Miers—it was merely put down to remind me of certain things first respecting Mr. Miers, and next respecting an advertisement I had to

put in the paper—I do not recollect that I have any other diary but this book, but we have a day-book.

MR. JAMES TOPLIS . I am a surveyor and appraiser, and act as agent for the Union and several other offices. I understood that Mr. Miers had insured some property in High-street, in the Union office—I heard of the fire on the Sunday morning—I believe the fire was on the Sunday morn ing, the 21st, and I was there about twelve o'clock at noon—I have general instructions from the office to investigate claims, and I took that step here—I met Mr. Campion on the Tuesday, as the agent of Mr. Miers—I declared his claim to be sent in, with a specification of the loss, and this inventory No. 1, was delivered to me on the 1st of February—it had not them the declaration at the end—in other respects it was exactly as it is now—the stock is mentioned in one round sum of 3200 l . and odd pounds—no specification or intimation was given me at that time as a what that stock was, except what appears in that paper—I gave directions to have a specification of the stock charged to that amount—no books, papers, or vouchers were produced to me when that inventory was first de livered—I had appointments for Mr. Campion to attend me prior to the 12th of February, but they were not kept—we at last met by appointments on the 12th of February—until that time I had never seen the prisoner on this matter—I did not know him at all—at that interview I requested the par ticulars of his stock, and he produced to me some papers relating to as old stock taking.

Q. Had he before that put in his copy of the inventory? A. I cannot say which was done first—it was all simultaneous—he handed in an in ventory which I have marked on the cover, No. 2.—when I asked him for the particulars of his stock, he produced some papers, which I have put together in the form they were in when I received them—he said they were the particulars of the stock taken on August 31, 1836—I asked him for the particulars of his private mark, which he gave me,—I have it here in his own handwriting—he said he had been engaged in making out the detail of the stock, and handed to me a list as far as he had gone—this is the list, which with these papers were given to him when he went away, and I became possessed of them at the hearing before the Magistrate—this list was, as I understood from him, a detail of the stock on the premises at the time of the fire as far as he had gone with it—he said the stock on August 31st, 1837, was as he stated in the several papers, and handed me papers of goods bought since, and here they are, and there is also a list of goods bought before—in support of the statement of the cash, he had taken since the stock was taken in 1836, he handed me in that paper, stating that the books which would have told the transactions were burnt—this was cash taken for goods sold—there were no other papers in reference to the stock—he brought his books, which I have here—he said two books, a cash-book, and what he termed a small ledger, which would have told the whole of the transactions had been burnt—other books had been preserved, and those he produced—I asked him How it was he gave me an account of the cash taken if the books were destroyed—he said he had received that account from his brother, that his brother attended once or twice a week, as he was largely indebted to him, and took from his books the account of the cash taken—he handed me a vast number of bills of parcels to confirm the buying which had taken place, to the amount of 400 l .—many of the papers are duplicates—he left me with a promise to finish the detail account of the stock, which was to come to the sum he stated—I did not return the bills to him—I returned the stock-paper, and the account rendered of the

stock burnt—he did not ask for the books—I returned him all he wanted, and he promised to complete the account, to sustain the sum he had claimed—he did not say that there was any thing incorrect in the amount of the stock—no error whatever was pointed out as to the amount of the stock—I do not recollect whether the inventory or the stock papers were produced first—the inventory, No. 2., was produced with some erasures and correct ions on it—he said he wished to take them out—I asked him to sign the original claim, No. 1., which it is the custom to get signed—he refused to sign it, and I wrote the declaration at the end of it as a qualification for him to sign it—Mr. Campion said he would sign it, and did—the prisoner himself refused to sign it—the declaration was put before him to sign, and he refused—( Declaration read )—"I hereby declare this claim to be made out from instructions and list given by Mrs. Miers, with the assistance of her servant and Mr. Miers; cut it is admitted that Mr. Miers shall have the opportunity to make such alterations as he can prove are in error—otherwise he hat refuted to sign the above— signed , GEORGE CAMPION. 12th February, 1838."

Q. He did not sign it? A. No, the alteration was made to meet hit views—the addition was made because he said he would sign it if it was added, but he refused to sign it, and on his doing to, a discussion took place re specting the corrections he had made in his copy of the inventory—he said Mrs. Midgley, the sister of hit wife, was about to be confined, and the baby linen had been lent to her, and the child's coral and bells—there is a note written in the margin "See Midgley" against that—I under stood him that the coral was at Midgley's—I do not remember any thing else being said about the child's coral—I asked him what he meant by erasing some of these things, what was I to understand? (I had before this received certain information from some of the police), he said he had taken tome things to a house, he did not know the street, it was to a coffee top, a friend of Midgley, where he was known—I asked him if he had been there since he had left them—he said no, he thought he could find the shop, but did not know the person's name—he said that Midgley had been in his service up to May, and since May he had only had a boy and no shopman—he said Midgley had taken a shop, and fitted it up, in Crawford-street—that he advertised three times to open it, but had not opened it—I do not know that he said why in express words, but the meaning was that he could not obtain stock sufficient—he said he (the prisoner) had kept from four to six shopmen in Oxford-street from his commencement in October, 1835, I think till March, 1837, when he left—he said he considered his stock of the same value when he left Oxford-street, as when he took stock "August, 1836-it is stated as 3000 l . odd in the paper—he said the stock was of that value—in the written inventory it is reduced to 2910 l —he states it in a debtor and creditor's account—the turn of 1202 l . 13 s . it the amount "If stock he was getting forward to deliver to me—he gave me that, being the detail of the stock as far as he had gone, and I apprehend the numbers on it refer to the number of divisions or drawers, because he produced a plan of the shop—this paper is the statement of the stock at far at it went, but which he was to complete.

Q. Before he left on the evening of the 12th of February, did he say any thing as to How the fire happened? A. I asked him the particulars—he said he had turned off the gat before he left the shop, and went into his Parlour, he had been there a considerable time taking his supper, and from eleven to half-past eleven o'clock (I think he said) Mrs. Miers went up stairs to bed, the servant attending her to warm the bed—about half an

hour after, he went up stairs—his wife was in bed, and the servant is the room—that she stopped some few minutes, and then came down that the servant was down a short time, and I understood went up to call him, or told him that there was fire in the shop—he came down stairs, unlocked the door leading into the shop, which had a glass sash, and the shop was full of smoke—he returned up stairs to his wife, told her to get up and dress herself, for the shop was on fire—he soon came down stairs, and he and the servant procured a small quantity of water, and threw on the fire, and he left it—he said he had lost the two books I have referred to, but I under stood nothing else but those, not of his books and papers—I asked him what servants he had—he told me he had taken a boy on the Friday preceding the fire, who was the only servant in the shop—he said he had taken the boy without a character, and the boy had gone out on Saturday after noon to return at six o'clock, but had not returned, and he had not seen him since—he said he had given him leave to go out to fetch some things from Bermondsey—I understood him it was in the afternoon—he said the boy told him he had been in service at Chatham—he could not tell me the boy's surname, Christian name, or any thing about him—during the whole of the conversation he said nothing whatever of any error in his claim in respect of the stock.

Cross-examined by MR. PAYNE . Q. How long altogether did the into view last between you and the prisoner? A. I should think about two hours—it took place at my house in New Bridge-street—the solicitor's clerk was present—he came there by my directions, and Mr. Richards called in while we were so engaged—they were there a great part of the time, and Mr. Campion also—the prisoner and Mr. Campion came together—the first thing that took place when they came into the room was, I told him that that gentleman was the solicitor's clerk; and when Mr. Richards came in I told him he was the solicitor to the office.

Q. Did you not say when the prisoner first came in with Mr. Campice, that you had merely sent for him to sign the claim sent in by him, and would not detain him longer than to sign it? A. Certainly not—I cannot tell the exact period at which I asked him to sign the claim—it is very likely I might ask him to do it when he first came in, I cannot tell—I will not swear I did not ask him to do so the very first thing when he came in—I will not swear whether I put a pen into his hand, and asked him to sign the claim or not—I did not make any memorandum of my questions or the prisoner's answers—my account is generally from my recollection—the prisoner did refuse to sign the first inventory—that was why the qualifica tion was put at the end—I can say distinctly that the qualification was put before the prisoner to sign, and then I asked Mr. Campion to sign it—Mr. Campion said he would sign it—he said he would sign it to prove to me that he had the prisoner's instructions to make out the claim—he said so at the time—I cannot tell whether it was before I asked him to sign it, or after—I requested him to sign it—I do not recollect whether I put the pen into his hand myself—I will not swear about it—there were two ink-stands and pens on the table—I will not swear who took them up—I will not swear I did not put a pen first into the prisoner's hand, and ask him to sign it, be cause I cannot recollect whether I did or not.

Q. I understand you to say he spoke about some stock of Midgley's, was there any thing in the inventory about that? A. No, there is no account of stock, except his own—he said Midgley had obtained goods from houses in the City, not paid for, to the amount of 180 l .—he never told

me those were some of the goods left at the coffee-house—he did not tell me he had not included Midgley's goods, of the value of 180 l ., in the general account as claimed—he did not say so in those terms—I will tell you what he did say, he said when Midgley found he could not open the shop, he had goods to the amount of about 120 l ., and those were sent to his (Miers's) house, but were not in the claim, for something else was done with them; they never went into his stock—he said the goods sent to his house were about 120 l . worth, the residue of the 180 l .—he did not say that he had not included them in the general account—I was examined before the Magistrate—my deposition was read over to me—I called at the office after it was shut, and the clerk read it to me, and I signed it—I was only exa mined once at the office.

( The Court read from the witness's deposition as follows:)—"He had sup plied Midgley with various goods for persons, but, ultimately, the whole stock was removed to his (the prisoner's) house—that he considered them the value of 180 l ., or thereabout, but he had not included them in the general amount as claimed here."

Q. When you were before the Magistrate, did you state any thing at all of what the prisoner said to you about the mode in which the fire occurred? A. I cannot recollect at the present moment the precise statement—when I asked him what he meant by erasing these things, I alluded to the articles the amount of 39 l . struck out in the inventory—it was on that he said what I have mentioned about the coffee-house—he said he did not wish to say any thing about Mr. Midgley's affairs, as he was in some degree of trouble.

Q. Now, with respect to the gas, did not he tell yon he had turned off the gas in the shop, but he could not turn it off at the main? A. I have on recollection of the word main being mentioned—I will not swear it was not, but I have no recollection of it—I have no recollection of his speaking of the had state of the pipe—my impression is, that he did not mention about the gas being faulty, either at my house or any where else, in my presence—I will not swear he did not mention about the deranged state of the gas-pipe in the conversation at my house, but I believe he never said a word about the gas-pipe—I have no recollection of his saying any thing about the frost—I will not swear he did not—after he gave me all the papers and books, and made the statement to me, he left with a promise to supply the remainder of the account in a few days.

Q. Was he not, on going away with that promise, taken into custody immediately by an officer whom you had planted there? A. I did not plant the officer—the commissioners of police did—it was not by my application—I did not apply to them—he was to come to my house—I knew the officer would be there, but my advice was not to take him—one of the officers was stationed in the adjoining room—he could not hear what took place—it was before the interview that I advised the officer not to take him—I did not understand, from my conversation with the prisoner, that some of the 180 l . worth of goods were the goods that were taken to the coffee house—I will swear nothing of the kind occurred in the whole course of conversation, because he never mentioned stock—I did not tell the police man, after the prisoner had gone away, he must not take him—the policeman went out of the door, I believe, before the prisoner did—I am always concerned for six Fire-offices, and I settle for ten sometimes—I was con cerned for the Sun Fire-office in the case of a person named Jacobs, who

was prosecuted here, which was afterwards referred to Mr. Justice Patte son, before he was a Judge—I have been concerned for the Sun Fire-officer nearly twenty-eight years—I was examined as a witness on that occasion in this Court—the prisoner was acquitted after a trial of twelve hours and a quarter—I was a witness before the arbitrator—I gave evidence on the side of the Fire-office—I have not assisted in getting up this case, or sub poenaing witnesses—the man Jacobs did not recover his claim—he did not recover one farthing on his stock—the mortgagee recovered his amount, but the man nothing.

Q. When Mr. Miers went away, did you expect he had gone away to come back in a few days? A. If you will allow me to explain—when information came to the police of goods being left at the coffee-shop, and they came to tell me they thought they were goods abstracted from the fire, I said, "How do you know it is the same person? let him make his claim to the goods, and then we shall know, but you may go and take up an innocent man"—I did not see the policeman after the prisoner went away—I had my doubts whether the prisoner was the man who had left the parcels—I always had my doubt of it.

MR. KELLY . Q. Did you apply to the police, or did they come to you A. They came to me most earnestly urging his being taken—I set my face against it, and endeavoured all I could to dissuade them—it was con trary to my wish that any policeman came and took him.

( The claim, No . 1, made by the prisoner was here read in part. The account of stock was as follows :—)

STOCK ACCOUNT .

Dr .

£ s . d .

Value of stock as taken on the 31st of Aug., 1836, as per stock-book... 2910 8 0

To goods purchased since the above date, as per vouchers... 2587 16 8

To ditto, in smaller sums, the vouchers being des troyed by the late fire, but can prove them by the makers... 100 0 0

Profits on return of £2580 16 s . 8 d ... 400 0 0

£5998 4 8

Cr.

£ s . d .

By cash taken from the 31st August, 1836, to 20th January, 1838... 2580 15 ✗

By Boom debts, about... 200 0 ✗

By balance, the supposed loss by the Fire... 3217 9 ✗

£5998 4 0✗

To balance carried forward, £3217 9 s . 8 d .

SUMMARY, OR THE VALUATION AMOUNTS BROUGHT FORWARD .

Page £ s . d .

9. The balance on loss of the stock shown, as per papers delivered, the books in hand, or by a lengthened detail, as placed in all the vari ous compartments of the shop, should it be particularly requested... 3217 9 8

9 Amount of fixtures and implements... 147 5 6

The Stock in trade, fixtures, and utensils... 3364 15 2

6 Household furniture, wearing apparel, plate, printed books, wine and other liquors... 380 5 0

7 Watches and trinkets... 45 7 6

7 China, glass, plate, and looking-glass... 24 12 0

£3814 19 8

( The claim. No. 2, was precisely the same, except that the articles stated in Mr. Campion's evidence were struck out .)

GEORGE TAYLOR . I live at No. 29, Molyneaux-street, which is about half a mile from High-street—one end of it comes into Queen-street, and the other leads to Edgware-road. On the night of Saturday, the 20th of January last, I happened to be at the corner of Weymouth-street, between twenty and twenty-five minutes past twelve o'clock—it leads into High-street—I knew the house that was occupied by the prisoner before it was burnt down—it was at the corner of a street called Bowling-street, in High-street, on the northern side of Bowling-street—Bowling-street runs into High-street—I observed smoke issuing from the shutters, carrying a smell of fire with it—I knocked at the shutters, but received no answer, and I went to the private door—I knocked at the private door, and was answered by a female, who I supposed to be a servant—she came to the door—it was Ann Wright—when she opened the door I asked if there was any thing the matter in the shop—she answered, "It is a hit of an acci dent"—I looked into the shop, and saw it was full of smoke—I went into the passage, and looked through a door, which was half glazed—that was open, and I could look into the shop—I saw smoke coming from under neath the stall board of the window—I said to the girl, why did she not give some alarm—I thought the place was all on fire—there was a good deal of smoke in the shop—I observed some woollen goods or shawls hang ing up in the shop, and observed an appearance of light through the shawls—I saw one, two, or three lights—they were in different parts of the shop—I staid there about five minutes—I did not see the prisoner or any part of the family, but the servant—I left, and went to the adjoining house—the fire appeared to grow up very rapidly indeed—when I first observed it in the shop it was nothing more than smoke, and in less than five minutes after it was all in a flame—there were gas burners in the shop—I did not observe any fire coming from under the stall-board when I first went, but I did about a quarter of an hoar after, when I returned—two gas-burners appeared to be nearly over the stall-board, and one to be nearly over the counter—I did not observe any flame at all near the stall-board when my attention was first called to the smoke under it, but I did when I came back the second time—it was then all in a blaze—I gave an alarm to Mr. Bicknells, next door—when I first observed the smoke issuing from the shutters I was outside.

Q. Was there a considerable quantity or a small quantity of smoke when you first observed it? A. It appeared to be coming over the whole of the shutters at the crevices at the top—I smelt fire as well—the smoke ap peared to come in considerable quantities when I first saw it.

Cross-examined by MR. BALLANTINE . Q. This was between twelve and one o'clock in the morning, I believe? A. It was—the shatters were closed—I was not able to discern a light between the crevices, only the smoke pouring through, similar to coming from a baker's shop—I believe there were several shawls in the shop, suspended on lines—I did not see any light from fire at first—I could not see the shawls afterwards—I saw a gas lamp burning at first—I saw that through the shawls—the shawls appeared to be hung across the gas lamp.

MR. Clarkson . Q. Then, according to your notion, did the gas appear to be burning in the proper gas-light? A. It did—I am positive of it, and that I observed through the shawls.

JOHN SIMMONDS I was a policeman in January last. I was on duty

on the night of the 20th of that month in High-street, and about half-past twelve o'clock a servant-girl came to me, and gave an alarm of fire—I went immediately to Mr. Miers's house, and went in at the side-door, in Bowling-street—that door opens into a passage, and then there is a glass door, which opens into the shop—the shop-door is in High-street—when I went in at the private door I looked through the glass door, and saw fire burning on the left-hand counter as I went in—it was a very small light, I should say, about a foot above the counter—Mr. Miers was in the pas sage as I went in—the same passage by which I entered—he was dressed the same as I am now, all but his hat—he had no hat on—his wife was with him—as I stood, the fire was on my left hand, at the stall-board, or counter.

GEORGE TAYLOR re-examined. Q. What is the thing you call the stall board, from under which you saw the smoke coming? A. The bottom of a shop-window made for goods to show.

JOHN SIMMONDS ( continued .) The fire appeared to me to be on the counter—I saw distinctly the fire on the counter, and a small blaze on the top of it—that was all I observed at that moment—Mr. and Mrs. Miers were in the passage, and Mr. Miers said to me, "Do what you can, my shop is on fire"—I then immediately inquired for some water, and he said, "We have not got a drop, we are entirely frozen out"—at this time the smoke was very dense—in the meantime, while inquiring for some water, the servant girl brought up a small bucket of water—I threw that on the flames as well as I could—I then inquired for some more, and while I was passing the tub back, the girl brought a second pail of water—I threw that in the same place, but found it had no effect whatever—I then said the best way would be to go away—the people outside had broken does the shutters, and let the draught in, and the flames were bursting about—I saw Mr. Miers give his wife, I cannot say what, but it appeared to me like a box—I dare say it was about the length of this testament—it was like a small tea-caddy—I can compare it to nothing else—there were some papers in it, and he said to her, "My dear, be careful of this"—I imme diately went out, as the smoke was so bad, and that was all I saw.

Cross-examined by MR. PHILLIPS . Q. Did you take Mr. and Mrs. Miers out with you, or did they go out? A. They went out I suppose—I did not take them out—it was not safe to stay there—the phrase Miers used to me was, "Do what you can for me, my shop is on fire"—nothing else.

Q. On the oath you have taken was it not this, "Policeman, for God's sake do what you can, my shop is on fire?" A. Well it was to a similar effect—I did not think you would come so close to me—I have told you the plain truth—I have left the police—if you will inquire of the Commis sioners they will explain why, I shall not tell you unless his Lordship re quests it.

COURT . You had better answer it.

MR. PHILLIPS . Q. Why have you left the police? A. I dare say it is what you have been addicted to yourself—taking a drop too much—now I have told you—I was dismissed for drunkenness.

Q. How many complaints had been made against you before you were finally dismissed? A. Am I bound to answer that?—if you will inquire of the Commissioners they will tell you—I cannot—they might be so many—I cannot tell you How many—if you ask the Commissioners that will do

Q. They were so many you cannot say? A. You may have it your own way—I shall not say any thing of the kind—I dare say there might be three complaints.

JEREMIAH BROWN . I am a hair-dresser, and live at No. 16, Great Marylebone-street, which leads into High-street. On the night of the he I was in Wimpole-street, and heard some person calling "Fire!"—I found the fire was at the prisoner's shop—it was about a quarter after twelve o'clock—there was a policeman there, and somebody dressed in plain clothes, who I believe was the witness Taylor—I saw smoke coming from the top part of the shutters—I did not observe the private door at that moment—I did within a minute after—it was in Bowling-street—it was men then, but I do not think it was open when I first went up—I went and got to the counter—I could discover a fire, but there was a number things hanging about my head, and the room was full of smoke—I palled as many things down off the lines as I could, about fifteen or twenty number—they were fancy woollen shawls, and cloaks, and things—had been in the shop once before, and knew the situation of it—I ob served fire in the left-hand corner of the shop pointing to High-street—appeared almost as if it was some linen caught a light—it was not so at the stall-board of the window, not so high as the counter when I went in—as I pulled the things down, I could feel the counter quite to the window—the smoke was so much I drew the things down—fire was on the ground—I should not think it had got up above two from the ground—it very soon entirely consumed the shop—I took things out and returned, but did not get any more out—I had been the shop about a fortnight before that night—I had gone there to pur chase something—I observed shelves about the shop when I went then—I did not make any observations as to the state of the shop—I consider was a small shop, and I should think there was very little stock in it, from that I could see—I was not able to obtain what I wanted—while I was here, two ladies came in and asked for black silk stockings—Mr. Miers in the shop—a parcel was shown to the ladies, containing black silk lockings—there were but two pairs as far as I could see—I saw no others produced to the ladies—they asked if he had any more—he said the quality of those was very good, he had no more, and the ladies went way—I went to buy a piece of mattress binding, but did not get it—did sot make any remark to my wife when I got home, as to the state if the shop.

Cross-examined by MR. PHILLIPS .— Q. What was the sum you intended lay out for the article you went to buy? A. I believe it is only about 5 d . or 16 d . a piece, and I wanted half a piece, that would be 7 1/2 d .—I was the shop before the ladies came in—I stood on one side to allow them to be served before me—I will swear I saw only two pairs of stockings in the parcel—I will not swear there was not three—I do not know whether I have always said that the ladies asked if he had more—his was rather before January—there was a very severe frost—I am quite sure I made no remark to my wife when I went home—some of the helves were nearly full of goods, or they might be full—I could not swear that—many of them were nearly or quite empty—I will not swear whe ther many of them were full or not.

MR. CLARKSON . Q. Did you observe that the shop was very in differently stocked? A. I did—there were a great many empty shelves.

GEORGE MARRIOTT . I am an assistant jailer at Bow-street. I saw passing near Mr. Miers's house on the night of the fire, from a quarter half-past twelve—I could not say to five minutes—I saw smoke coming out at the door in Bowling-street—I shoved at the door, and saw Miers and a lady in the passage—I said, "The house is on fire"—locking to my left hand, I saw things burning in the shop, at the left hand side the shop—it appeared to me that there was fire—things on fire at the had of the counter and at the side of the counter—Mr. and Mrs. Miers we standing in the passage, at least a gentleman and lady—they were nothing at all—I did not go into the shop—I attempted to go up stairs think J went up two stairs, or it might be three—before I attempted to up I asked if any persons were up stairs, were there no lives to be saw—Mr. and Mrs. Miers were both standing there together, and Mrs. Miers said nobody was in the house but their two selves and the servant, and servant was gone to look for a policeman—I continued there a very minutes—when I had gone up two stairs, I came back and went out—did not see Mr. and Mrs. Miers after I came down the stairs—I met policeman with a pail of water in his hand—I said to him, "April water is of no use"—I cannot say what he did with it—I did not see thing more than the policeman with the pail of water after I had come down—I ran to the door, and inquired if the engines and turncock were and went out of the house—I stopped about there till five o'clock in morning, or between four and five—I should say the house was down in less than an hour—I think so.

Cross-examined by MR. PHILLIPS . Q. You were not before the magis trate, I believe? A. I was not.

JOHN COX DEAN . I am one of the firm of Orchard and Dean, ironmon gers, in High-street. My house is about forty yards from the house when was occupied by Miers, on the other side of the way—I heard from my house an alarm of fire—I got up and went to the spot—the shop should were not down when I got there, they were up—I assisted in barring them—they fell outside, and I saw the flames issuing from shop—the flames and smoke were too intense to admit of my seeing the shop, and I do not think I could form any judgment of what was in the shop.

Cross-examined by MR. PHILLIPS . Q. Were you before the magis trate? A. I was not.

JOHN THOMAS CLAREDGE . I lodge at No. 27, Weymouth-street, which I think, about sixty yards from Mr. Miers's house. I did not know he Miers personally previous to the fire—I had seen him at his door—I do not know that any one lodging in the same house with me know him—on the night of the fire I went to Mr. Miers's house about half past twelve—there was a man in a Mackintosh cloak, Mr. Miers, and the policeman there—directly after I entered the house Mrs. Miers came down stairs—she went to the house where I lodge—after taking Mrs. Miers then I went out again to the fire, and about three o'clock, when I went home, Mr. Miers was sitting by the side of Mrs. Miers by the fire—Mrs. Miers had remained there from the time of the fire till about a quarter after there o'clock, when they left—I found them together there when I went in—they were in deep conversation, which was principally carried on in whispers—they did not appear to be at all agitated—they appeared so calm and col lected, that I mentioned it to somebody—they staid about a quarter of an

or twenty minutes after I got in, and then went away—I asked the prisoner if he had any idea of what was the cause of the fire—he said he had whatever, that he closed the shop about half-past eleven o'clock, and not in it again until after the alarm of fire was given—I did not ask him other question—they went away from our house in a coach.

Cross-examined by MR. PHILLIPS . Q. Did you see Mrs. Miers when came down stairs? A. Yes—her stays were exposed and her hair was paper—one paper on each side.

Mr. KELLY . Q. Was there any shawl about her? A. She had a inside her stays.

WILLIAM BAYLIS . I am a stationer, living at No. 4, Bowling-street. I opened to be coming up High-street at the time of the fire, about half-past twelve o'clock, or a little after—it was before the axe had showed itself when I first came up, I had not observed the least appearance of fire—I home, and had undressed myself—I was getting into bed when I and the alarm of fire—I immediately put on my clothes, and went down I know Mr. Charlton's door—it is No. 3, Bowling-street, next door to and opposite Miers's—Charlton's house is opposite Miers's premises—her the fire bad been put out, I saw the prisoner standing leaning ainst Charlton's shutters, with his hands in his pocket, in a very cool and date sort of manner—I asked him if his family were all out—he said, Yes." in a very low tone of voice, "they are down the court"—I then ked him if he had saved his property—he said' "No; I have saved no ing but two books"—I asked him if he was aware How the fire occurred, me was aware of the origin of the fire—he told me, yes; it was caused the gas—he said then that he had sent to the gas-fitter to come to ease cock of the gas pipe—he mentioned the gas-fitter's name—the name, of refries—he said he had tried to turn the gas off, but could not—he said ho sent eight or ten times within the last month, and the man had neg lected to come—I said, "If it had been my case, I would have sent for other gas-fitter, and not waited for him"—he said he had broken three says in endeavouring to turn it off.

Q. Pray do you, among other articles, deal in coarse brown paper used for king parcels of linen in? A. I do—on the Monday before the fire, Mr. fiers had purchased some of that sort of paper of me—I had sold one quan tity to him which had been previously looked out by his young man Midgley I have frequently observed in shop-windows in London, bills notifying at goods are to be sold off—before the fire, I had observed a great num ber of such bills in Miers's shop—it is twenty-two yards and a half from the centre of the threshold of my door, to the centre of the threshold of Mr. fiers's—that is the private door across the way—I remember the morning of at Christmas-day—I was up early that morning, as is my usual custom I was up a quarter before six o'clock, and was at the shop door—at that me it was dark—there were gas-lights in the neighbourhood—I observed coach draw up to Miers's door, about ten minutes before six o'clock—had the curiosity to watch it, and observed a man and one or two females come from the private door—I observed them get into the coach several and I observed that they had parcels in their hands—the only male person that I consider I knew was Mr. Miers—I saw him—I saw him come from the private door to the coach several times, each time having a parcel—the private door remained open—I know the person of the servant—I saw her standing on the step of the door—some of the parcels were

larger than others—some appeared about the size of that box—( a box or table of the Court )—and others larger—I observed the person who placed many parcels in, and who I believe to be Mr. Miers, get into the coach, and appeared to me, but I am not really positive, that a female got in also him—whether there was a second female got in with him I cannot tively say—as soon as the door was shut, the coach went off past my along Weymouth-street.

Cross-examined by MR. THOMAS . Q. You live very near Mr. Miers? A. Yes, just across the way—I am a newsman, and am generally up early in the morning—( producing a plan )—this is my house, and that Miers's—I never, on any other occasion, saw a hackney coach taking goods—I have seen things going away, but not by coach—I sold his quire of brown paper on the Monday previous to the fire—I suppose used that sort of paper in packing parcels—I did not go across when I the coach—I thought it possible he might be going on a visit, and yet was doubtful whether it was so—I do not say that I stated when I examined before, that my suspicions were not excited, that I thought was going to spend a day in the country—I thought it possible that were going out to spend the Christmas-day—there was nothing to my going across and seeing what they were about.

MR. CLARKSON . Q. Were you on such terms with Mr. Miers as to at liberty to go and examine the coach, or look into his hands? A. I have done so, but I should have thought it very rude.

NATHAN DEFRIES . I live at No. 41, Paddington-street, and am an gineer and gas-fitter. I knew Mr. Miers's house—I fitted up gas-fitting in his shop ( referring to memoranda ) on March 26th, 1837—soon after house was fitted up Mr. Miers complained of a smell—I attended to and after two or three examinations found that the carpenter had drives nail through a brass pipe—I remedied that soon after the 26th of march—the last time I made any repairs in gas-fittings was, as near as possible, six months ago from this time—I cannot say in what month—it was so trilling it was not booked—I sent my man—I never work myself—I have that had an application from the prisoner to repair a key—when I say repair it, it was not so, the pendant was loose in the ceiling in consequest of the carpenter not screwing the branch up, and that was repaired—the was six months ago—I have not been applied to by Mr. Miers since that make any repairs in the gas work.

Cross-examined by MR. PHILLIPS . Q. Did you go yourself to Mr. Miers A. I did in one instance—I was sent for but once—I cannot say who it called—my clerk took the message—he is not here—his name is Freeman—he has left me—I sent a man named Lewis to repair the gas fitting—he not here—that was the occasion I went to Mr. Miers in person—there was male lodger living with him—I do not know his name—I saw a man then on the first floor—I cannot tell where he lodged—my clerk never went to Mr. Miers to my knowledge—I never received but one message—if move than one came it must have come to my hearing—I have no doubt it would have been booked or slated—it was the job that was too slight to he booked, but the order must be entered on the slate or book—that is my strict orders—my orders were not disobeyed on that occasion—it was either booked or slated—I cannot say whether it was booked or not—I have books at home—I cannot venture to say what distance Mr. Miers resides from me—it is not very far—if a gas pipe is not properly repaired it discharges

the gas so as to emit a very unpleasant smell, which would be offensive to house.

MR. CLARKSON . Q. If a message had been sent to you eight or ten somes in the course of the month the fire happened, according to the way our business is done, must it have come to your knowledge? A. Most recidedly.

WILLIAM GATTRELL . On the 23rd of December last, and from April to at time, I lived with the prisoner Mr. Miers as shop-boy—I quitted on a saturday—at that time my master carried on business in High-street—the second-floor front room, the kitchen, and the back parlour, were all the rooms the house that were furnished at that time—there was a closet with just enough to hold a bedstead—the second-floor front room was furnished it a bed-room—when I went there in April there were no other furnished comes than those I have named—I know Midgley—when I first went to with Mr. Miers, Midgley was his assistant—I went in April, and Mid gley left about two months after, I should think—he was to take a shop in rawford-street—Midgley's wife is sister to Mrs. Miers, my master's life—Midgley was succeeded by a man named Govier—I think he re tained about a fortnight or six weeks—during that time Mr. Miers was taken ill, and was confined to his bed—after Govier left, a man named homas Davey became assistant—he staid I think about a month or six seeks—on some few occasions, within the last month I was there, I re member customers making applications for things and going away with—it them—when persons made applications for things he had not got, Mr. liers said he should get them in on such a day, but he did not get them at all—I noticed that at the time—it was my business to attend in the up.

Q. How much money should you say was taken over the counter in a ly in November or December, to speak liberally? A. I should say about one day with another—I used to go to the till for change when I wanted—during the latter months I was there I heard the prisoner complain of rade many times—during the latter part of my time in his service, Mr. liers used generally to go out between eight and nine o'clock in the morn ing and return about nine or ten o'clock at night—he staid away fre uently all day in the course of the last two months—he used to return sometimes before and sometimes after the shop was shut at night—during he latter three or four months of my time he was very little in the shop—was customary for the shop to be supplied with pins, tape, worsted, and cotton balls, about every three weeks, according to the course of justness.

Q. During the time you were there, from April to December, was there my considerable supply of goods, linen, and such stock as that? A. He used to have some calico in—I do not know from whom—he had not much while I was there—I do not know at what time the calico came in—he ways used to keep a supply of calico in—there used to be some Irish men on the top row of shelves—before I left, they had been sent away—occupied all the top row, or part of it, on one side of the shop, and at the pack—when they went away the shelves were supplied with dummies, which are bits of wood tied up in blue paper, representing linen—the shawls were kept in two or three drawers, the drawers were kept under the counter—we had no boxes of shawls—he had some in linen wrappers—some of the shawls were sent away about the latter part of my time—I have heard my

master speak of Miss York—she served in Mr. Miers's shop for a week—she was a sister of Mrs. Miers—my master used to tell me what goods look out to send down to a shop at Isleworth, which Miss York kept—it was supplied from Mr. Miers's stock—all sorts of haberdashery was sent—there was a great deal sent the latter part of the time I was ther—the were tied up in coarse wrappers to go there—they were sent once a week and sent by the carrier—I remember, in September last, some goods going in a phaeton, Mr. Miers and myself put them in—there were flannek linens, shawls, and different goods in haberdashery—they were taken away in the morning on a work-day—about ten or eleven o'clock in the morn ing the phaeton came to the private door in Bowling-street—the goods sent away without being packed—I was sent to Midgley, in Crawford street, after he took the shop there—I went with goods, not more than or six times—I carried them myself—they were middling-sized parced half as large again as that box—I used sometimes to take one, sometime two—Midgley was in the habit of coming to and from the shop, and it was at the time he was going to open the shop that these goods were sent—there were no fresh supplies of flannel and linen during the latter part the time I was with Mr. Miers—the stock became diminished by send ing these goods away—towards the latter part of my time the shop ill stocked, there were very few goods in it—I cannot form any idea of the value of the goods in the shop—I know Mr. Defries, the ga fitter—I was sent to him by my master in the summer—there was a escape of gas in the window in the branch-pipe, the message was to repaired it—I delivered the message—Mr. Defries sent a man and repaired it—I was sent to Mr. Defries before that—the last time I was sent was in summer—I had never been sent since the summer of last year—when I was sent, the man came and did what was required—from time I went in the summer I never heard or received directions from master to go for Mr. Defries—I did not hear my master, during the part of my time, make any complaint about the gas—there was no other person to go on messages, from June to December, when I left him—master closed his shop at ten o'clock on work-days in the week, and on saturday nights between eleven and twelve o'clock—I used to put the out on Saturday nights as well as other nights—I always turned it out regularly—I left my master because I did not suit him—I could not do work well enough for him—I had to clean the gas glasses in the window of the shop, that was what I did not do to his satisfaction—that was the reason he parted with me—he said I did not go on his errands quickly enough—I was not charged with dishonesty of any kind—there was other reason, but not going on errands quickly enough, and not cleaning the glasses.

Cross-examined by MR. PHILLIPS . Q. Of course you were examined before the Magistrate? A. Yes—I have been examined on this business before to-day—I was before the Justice at the Police Office, in High-street Marylebone—I think that is about six weeks ago—I was not sworn there—I gave evidence to Mr. Rawlinson, and he took it down in writing—he did not read it over to me—an officer called at my father's for me, to take me to High-street, to be examined—I know that gentleman (Mr. Rickards)—I have seen him before to-day, somewhere—I do not know where—I did not see him at High-street—I do not know whether he took down my ex amination—I am sure I do not know whether he wrote down my evidences—I cannot tell whether it was since I was at the police-office that I saw

him—I cannot tell whether I have seen him within these six weeks—I do not know whether he wrote my evidence down—I do not recollect whether told him what I have sworn to-day—it was in a house I saw him—I do not recollect the name of the street—I have seen that gentleman some where, but I do not know where—I saw him in a house—I do not know How long I was in the house with him—I spoke to him—I might have spoken to him—I do not remember whether I spoke to him or not—I do not know How long I was in the house with him—it might have been an our—I am sure I do not know—I was in the same room with him—I do not know How long—I only saw him once—I never saw him more than once, to my recollection—I do not know whether it was before I went before the Magistrate—I cannot say whether it is a month ago—I only saw the gentleman once—I am sure I do not know when it was, and I do not know where—I quite forget whether anybody was in the room, or not—there might be half-a-dozen persons in the room for what I know—I do not know who took me to the gentleman—I did not know who the gentle man was—it was not a woman or a child took me to the room—it was man took me—he had the appearance of a gentleman—he did not tell one what he wanted with me—I think he found me at my place in Oxford-street—he might have found me there—I do not know How far he took me fore we got to this gentleman's house—I do not know whether the man went into the room with me where I found the gentleman.

Q. How did you find out the room the gentleman was in, if you do not now whether he went in with you? A. I said it might have been in a room—I did not say it was in a room—I might have seen him in a room, for what I know—I am sure I cannot say whether I was in a room with him or not—I do not know whether I was in a room, or in the street with him—I said I might have been an hour with him, or a minute, for what I now—I do not remember whether it was in the open air, or in a house—I saw him.

Q. You have said you lived in the house of Mr. Miers from April to December, is that true? A. Yes—I was turned away on the 9th of No vember, because I was saucy to Mrs. Midgley—my mother did not ask Mr. Miers to take me back—he did take me back—he sent for me, at eleven o'clock, one night, when I had been a fortnight out of his service.

Q. How came you to swear that you were in his service from April to December, did not you think I knew nothing about it? A. I am sure you knew about it—I was sent three times to Mr. Defries—I am not sure whether I saw Mr. Defries each of those three times, or his young man—I saw Mr. Defries once, I know, at his own house—I told him the message my master sent—I told him there was an escape of gas in the window—I am not sure whether I told Mr. Defries, or the man, that—I did see Mr. Defries at his own house—I do not know what I told him—I went to him because there was another escape of gas between the flooring—the times are intermixed—I cannot say what message I gave the first or last time—I went to him on account of some escape of gas etch time—being saucy to Mrs. Midgley was the reason I was discharged—when I lived with Mr. Miers, I used to sleep up in some room called the ware-house, on the other side of the yard.

Q. Did you find yourself two or three different nights from your home when you ought to have slept there? A. I did once—I am going on for

fifteen years of age—I was absent one night—I spent that night at Wards worth, at a friend of my mother's, a butcher—I did not give my master notice that I was going there—there was a lodger, named Smith at Mr. Miers's while I was there—he was constantly complaining of the offensive smell occasioned by the escape of gas—I have heard him complain—I do not know whether he left before or after me—I do not know that he quitted the lodging because be could not bear the smell of gas.

MR. KELLY . Q. Is this the gentleman (Mr. Rickards) you saw were with an hour or some time? A. Yes, I recollect him now—Queen Anne-street was the name of the street where I saw him—I was living with Mr. Holywell, a hatter, in Oxford-street, at that time—I lived there, and used to go home to my mother's to sleep, No. 7, Nottingham-street, mary-lebone—I think it was near the middle of February that I went to Mr. Rickards, or it might have been March—I think it was about a month age.

Q. You have been asked whether it was in a room or not; do you this place a room you are in now? A. No, I saw him in the office—it was a place where there were desks and a railing fencing off one part of the place from another—he had a paper before him while I was there, and he was writing—I had never seen Mr. Rickards before I went there—my father came and gave me notice that I was to go there.

COURT . Q. Why not state all this when the other gentleman asked you? A. I did not know the gentleman's name.

MR. KELLY . Q. You have been asked if there was anybody else in the same room or office; do you remember who took you in there? A. I went and knocked at the door, and a clerk opened the door—that is the person—he showed me into the office—I could not see anybody if they were outside the railing—I was inside it, and could not see anybody out side—this was after I had been to the police-office—I do not recollect How long it was after.

Q. Now did Mr. Rickards, the gentleman you saw in the office, ask you questions about this business? A. Yes, and I gave him answers—I have received letters from him since that, stating the time I was to come here, except that I have had no communication with him at all—the night I let Mr. Miers and went to Wandsworth, was on the 8th of November, and If came back that day fortnight—the night I went to Wandsworth is included in the fortnight—it was the first night—I staid the rest of the time at home—my mother went to Mr. Miers, and asked him for a character—he would not give me one—my mother said he ought to have given me a cha racter, or else have me back, and a day or two after, at eleven o'clock as night, Mrs. Midgley came for me to go that same night, and I went next morning, and then remained with him until the 23rd of December—Midgley came in my place—I saw him there.

MR. PHILLIPS . Q. How did you find your way to Mr. Rickards's house, in Queen Anne-street? A. My father told me the number, 54—I thought somebody took me there—I was not sure—I do not think so now, but I did not know the name of the gentleman, or I should have known.

ANN WRIGHT . I am twenty-five years of age on the 24th of next month. I lived servant with Mr. Miers, in High-street—I went into his employ on the 13th of November, last year, and remained with him till after the fire, when I went to Fenchurch-street—I continued with him and Mrs. Miers till the time of his being taken to the police-office—when I

went to him in November the family consisted of himself, Mrs. Miers, and Mrs. Midgley—but Mrs. Midgley went away before Christmas—there was then only Mr. and Mrs. Miers, myself, and the shop-boy, William Gattrell—he went away in December, and Mr. Midgley came the same night as Gattrell went away—Midgley remained there till he went to Whitecross-Street prison—that was three or four weeks before the fire—after he left, there was nobody in the house but myself and Mr. and Mrs. Miers—I was servant of all-work—I did the whole work of the house—Mrs. Miers has one child, a little boy, fifteen or sixteen months old—it was not at home at the time of the fire—the child was away when I went to the situation—the child did not live in the house at the time I was there—mistress's mother, Mrs. York, had it.

Q. What time used the shop generally to be shut up? A. There was no certain time—sometimes between nine and ten o'clock, and it has been selven o'clock—it was later on a Saturday—it has been eleven o'clock and half-past eleven o'clock, and sometimes later, on a Saturday night—after attrell and Midgley went away, my master and the lads that came used shut up the shop—the gas-lights were not always put out when the shop was shut up—they were left alight all night some nights—after William Gattrell left the service the lights were put down low—not left a full light—so as not to be quite out, but yet alight—my master used to do that.

COURT ? Q. The first time was after Gattrell left? was it not till after he had gone, that you first knew the lights left at all? A. No, it was after Gattrell left—before he left they used to be put out.

MR. KELLY . Q. Now, do you remember the night the fire happened? A. Yes—my master went out about eleven o'clock that night—he was not song out—he came home from eleven to about a quarter or twenty minutes after eleven o'clock, and he had been out in the afternoon—when he came home me he had his supper, and then shut up the shop.

Q. Do you remember whether when he shut up the shop he put the gas fights out or lowered them? A. No, I cannot say—I do not remember one way or the other—when he had had his supper and shut up the shop, went up stairs with my mistress—that was at ten minutes or a quarter after twelve o'clock—I remained with my mistress from a quarter of an hour to twenty minutes before Mr. Miers came up—during that time he down below alone—he then came up—I remained up stairs about five minutes after he came up—I remained in the room—I then went down stairs with the warming-pan in my hand—when I got down, I observed he curtain was undrawn, and a large worsted needle stuck in the curtain—seeing the reflection in the glass, I looked on the counter, and saw a light, was a muslin curtain to the glass-door which separates the parlour from the shop—the bottom part of the door is wood—the curtain of that door was undrawn—I looked through the glass-door, and saw a light on the left-hand side of the counter—as you look through the glass-door the counter is on the left-hand side—there were two windows to the shop—the window was near the end of the counter—there were two counters—the light was at the left-hand counter, near the end, near the window—there were some prints hanging, and there was a light as if it went from these prints, and they were in a flame—when I saw the fire, I called to master twice, please, Sir, will you come down stairs"—the door was locked which led into the shop—I did not try it, but the keys were up stairs—my master came down, and desired me to go for the policeman—he had his coat and waistcoat

off—he went up stairs again—I did not do as master desired me—I went up stairs with him—he said to mistress, "My dear, get out of bed, the shop is on fire"—the keys were on the drawers—I took them off and gave then to master, and then went down to the policeman, leaving master in the room—I went down stairs and got some water for the policeman—I brought the policeman in with me—I got the water from the wash-house in the yard—there was a pail and a foot tub, with two handles—I had put the water in the tub for the next day's use—I had got the water out of the wash-house, which was up stairs in the yard, in a large water-butt—I could not draw the water out of the tap—I dipped it out with a jug—the water was frozen—I brought the water and gave it to the policeman—I then went up stairs for mistress's cloak and bonnet, but I could not get the closet open where her bonnet was kept—I went down with the cloak, and master told me to go into the back warehouse with mistress, and I went out with he—I did not remain more than a minute after I brought the policeman in—I went with my mistress to a neighbour named Watkins, but I did not stop there when mistress was there—I did not stop long in the parlour—I went after the engine to Marylebone station-house—I went of myself after that, Mr. and Mrs. Miers had a coach, and Mr. Miers left me at any own home, at three o'clock in the morning, and was to let me know when to come to them—he came on Monday and told me to go; and on a Tues day morning I went to my mistress in Ingram-court, Fenchurch-street, the house of Mr. Bustin—he is a relation of Mr. Miers's, I believe—I mained there, I think, a fortnight with mistress—I staid there till the Campbell, the policeman, came—Mr. and Mrs. Miers remained there also—I went into Mr. Miers's service on the 15th of November.

Q. Did Mr. Miers get any quantity of goods in after you went in No vember—was there any considerable quantities of goods brought into the shop? A. No, I did not see any—I think if there had been any large quantity I should have seen them—I could see into the shop through the glass door, and when my master had no man I used to watch the shop door while master and mistress were at dinner—I did not serve in the shop—the shelves were not full, some of them had two or three things on and the others were not full—the shop was not well stocked.

Q. You say you did not see any large quantities of things come in; you know of any thing going out after you got there? A. Master took some parcels in a coach on Christmas morning, between six and server o'clock—he had desired me to call him, that Christmas morning, at fire o'clock, and I did so—he went for a coach, and the coach came between six and seven o'clock—Mr. Midgley had come on the Saturday as Chirst masday was on Monday—on the Sunday, the day before Christmas-day, master and Mr. Midgley, his brother-in-law, were at work in the shop from eleven till six o'clock—they were measuring things off—some were in wrappers and some in brown paper—there were some merinos measured off on the parlour table on the Sunday, and some table linen I saw on the counter, and things—some of them were large parcels—when the coach came on Christmas morning, master placed the parcels on the stairs, and left them there till he came back with the coach, and I gave the parcels to him—one side of the coach was full, and part of the other—master went on one side of the coach with the parcels—they were heavy parcels, and of different sizes—two or three were large parcels—some of them were much larger, but none so small as this box—they were packed in coarse

brown paper, and some with wrappers—some were the length of a long cane—all the parcels that master had placed on the stairs were put into the each—nobody went with him then—the coachman and he drove away—did not hear where he was going—his wife did not go with him—he came back about half-past twelve or twenty-five minutes to one o'clock—he then went up stairs to dress, and dined with Mrs. in White chapel, and mistress went with him—I do not remember any goods coming into the shop after Christmas-day.

Q. Now, do you remember during the time you were there any other goods going away? A. At the time Mrs. Midgley went away, before Christmas morning, there were two trunks, and master took some parcels hen, but I did not look at the size of them—one trunk was a black one and the other a coloured paper one—I do not know from my master whe ther he went the night before the fire to Ingram-court—he went out on Friday, but I cannot say to any time—during the latter part of the time I was there my master was not much at home—he did not spend much time in paying attention to his shop during the latter part of the time—not more than usual—mistress attended to the shop, and master went out—a lad was hired as shop-boy, and came on the Friday before the fire, and went away on the Saturday afternoon—his Christian name was John, his other name I do not Know—I did not hear my master say who he was, or any thing about him—he went away on Saturday, and was to return at six o'clock on Saturday, but he did not return—that was the night of the fire.

Q. Had you the means of knowing, from living in the house as the only servant, what articles of furniture, and what things there were in ordinary use in the house? A. Yes—there was a bedstead in the back room, second floor—there was not any set of Merino curtains and drapery, there was no such article in the house—there were short muslin curtains,.—there was a mattress but no palliasse—there was not eighteen yards of damask car petting—there were some pieces of carpet put down, but no damask—they were old pieces of stair-carpet—there was no hearth-rug, nor any chest of mahogany drawers—there were not four rose-wood chairs—there were three chairs, but no window-curtains in the back room—there were no toilet covers in that room, nor any cut-glass bottle and tumbler, or japanned towel horses—there was no towel horse at all in that room—there was no easy chair with chintz cover, in the front room, second floor—there was one pair of large blankets, but not two pairs—there was one large thick blanket and one under blanket—three blankets altogether—there was no mahogany cheffionier—there was no blue breakfast service in the kitchen—there were four large breakfast cups and saucers, and basin to match—two of them were kept up stairs—there were no small cups and saucers in general use—there were not so many as thirty-four of any thing, of a blue breakfast service, or other service at all—the breakfast cups and saucers were common willow pattern—there was no small tea service—master and mistress always used the large cups and saucers—there were china cups and saucers always kept in the parlour closet—there was a large tea-kettle in use—the copper tea-kettle was not used often, and it was not large—there was a small deal chest of drawers under the window in the kitchen—there was not more than half a bottle of wine in the house in a decanter—there was not any besides what was in the decanter—there was no wine-bin with shelves—there was no spirits, brandy, or gin.

Q. what number of books were there in the house altogether? A.

The best books which I have seen were kept up stairs, on the toilet cover—what I have seen in the parlour was "Chambers's Edinburgh Journal," but only a few of them—there were no books in any place besides the toilet in the bed room and the parlour—I should say there were not more than a dozen volumes up stairs, but there was a closet over the parlour with numbers of "Chambers's Journal" in it—I have seen very few books, only numbers—I mean unstitched books—there were no books in the parlour, no volumes, only numbers—I should say it was not possible for 109 volumes of printed books to be in the house, or any thing like that number—there were about a dozen, and no more, up stairs, and some unbound numbers of "Chambers's Journal"—I have seen two or three taken to read from the closed in the parlour—that was the first time I ever saw them—that was one Sun day evening, when master went out; and mistress came home with master—Mr. Midgley had them reading—there was no rose-wood sofa table in the front room, second floor—there was no linen-press, with shelves, in that room, nor any chintz drapery for three windows with brass supporters—there were only two windows to the front room—there was no chintz dra pery—there were some muslin curtains in the back parlour, but they were not up—there were none at all in the front room—Mrs. Miers bad not any rich silk cloak—only the black silk cloak she had on on the night of the fire, when she went to Fenchurch-street—she had no boa—she had a muff, which was moth-eaten very much—I was desired to take it out into the wash house, and beat it, but I did not beat it then—I was desired to do that a week or a fortnight before the fire—at the time of the fire it was in the box—it was not fit to wear—there was no boa in the house—there were five pairs of sheets and six table-cloths sent away with Mrs. Midgley in a coach—at the time of the fire, there were only the sheets on the beds, except the sheets that went to the wash—there was master's bed, and the bed I slept on—there was a pair of sheets to the bed the boy slept on in the ware house—they were on the bed at the time—I do not know whether my master had any gold watch—I did not hear him speak of any gold watch, till he was in Fenchurch-street—I then heard him speak of one—he was making the in ventory of the things lost in the fire, and he named about the watch to me then—he asked if I had seen the gold watch—I said, "No," I had not seen it—only a small silver watch he had in use, with a chain—he was writing down on paper the things that were lost—there was no gold watch in the house that I saw—I never saw one at all in the house, nor ever heard of his having one in his possession—it was a week, ten days, it a fortnight before Christmas that Mrs. Midgley took the trunks away.

Q. Was there any plate taken away in those trunks? A. Yes, two table-spoons, two salt-spoons, six tea-spoons, and a fish-slice—I did not see any plate in the house after they went away—the metal table and tea spoons were always used after that—in the black trunk there were five pairs of sheets and six table-cloths, and some pillow-cases—I do not know How many—I did not see any of those things come back—my master went with Mrs. Midgley when those things were taken away—I was present in Ingram-court when master was making out the inventory—he described to me a sofa-table—I did not know at the time what one was, but when he described it, I had seen what he described, a table with two leaves and drawers—I remembered that I had seen such a table, but there was no sofa table in the house at the time of the fire—he also named to me a sofa, but there was no sofa in the house—master was writing down when I said

there was none in the house—he told me if I was asked if there was a sofa table I was to say yes, if they asked me at the Insurance office—this was on the Tuesday, the day he desired me to go to Ingram-court—nothing else passed between us at that time—he said he had the sofa-table in Ox ford-street, but it was sold when they came to High-street—he also mentioned having a polished steel fender and fire-irons in Oxford-street—there were no such things in High-street.

Q. Were you sent at any time in February to Surrey-place? A. Yes, one Sunday morning after the fire—it was about a fortnight after the fire I went to No. 30, Surrey-place, Old Kent-road—it was a linen-draper's shop—I saw Mrs. Midgley there, and her sister Miss York, and Mrs. York—Mrs. Midgley and Miss York served in the shop—the next night Mrs. Midgley and Miss York, and a child, came to Ingram-court.

Cross-examined by MR. JAMES . Q. Can you write? A. No—my master made out the list of the kitchen utensils which were burnt—I fur nished him with a list of the articles, and master added more things to it—master told me to recollect what was in the kitchen—a young man in the house where my mother lived wrote down the articles as I told him—he was not a friend of mine—I had seen him before—I cannot think of his name—you can hear of him at No. 37, Ogle-street, Marylebone, on the first floor—I cannot tell what business he is—he is a neighbour of my father's—he lives at No. 37, Ogle-street—I was in Ogle-street at my father's one evening, and the person wrote it out, and master saw it, and added more things to it—I can read plain writing—I did not read that list—I took it to my master after it was written—master told me and mistress to recollect if there was any thing more—I cannot say whether he old me I had not recollected all—I know there were more things added—master had papers before him—I cannot say what they were—some of them seemed bills—I could not read them—there were two chests of drawers in the room up stairs, and there was a Bible and prayer-book, and two other books, and a desk on those drawers—there were two books, one. small and one smaller—some of the books were lettered on the back—on the table, were smaller books—I can read the letters at the backs of books—one of the books was Clark's Prayers, or something—there was the name of Clark on the back of a book—I cannot say whether it was on the sack of one or two—it was a small Bible and prayer-book—they had marks on them—there was not more than one prayer-book that I know of—I do not recollect Johnson's Dictionary, or two volumes of Cowper's Poems—I did not look at them all, and could not tell—I do not recollect them—the closets in the house were not locked—the chests of drawers were locked—one was master's, and one was mistress's—mistress had the care of the linen—the muslin curtains which were not put up were rough—dried, and put on the shelf in master's bed-room—the short muslin curtain remained at the parlour window—there were two japanned towel-horses in master's bed-room, which was the front room on the second floor—they could be moved from one room to another, but they always remained in master's bed-room next the window—there was one pair of sheets use for master's bed, one pair for mine, and one pair for the boy's—I do not know How many pairs there were in the drawers—I have seen the drawers open—there were no sheets in them—they were all kept on a shelf in master's bed-room closet—I had seen the drawers open in the week—my mistress's was a squirrel muff—I had not seen my

mistress with a boa—I have seen her with a short ruff, but not a box—it was not a squirrel ruff, it was a plain one—I never saw her me the muff—it was not fit for use.

Q. Do you recollect Mr. Walters dining with your master? A. Yes, he dined there often on a Tuesday—I cannot say How recently before the 20th of January he dined there—it might be a week or a fortnight, or two or three weeks—I waited at table on that occasion, and attended as servant—I was in and out—metal table-spoons and tea-spoons were used on that occa sion, the same as usual—at times the gas-lamps in the shop were left burn ing all night—they were left low, not full, but about one-third the usual height—I did not observe the lights left so till after I had been there some name—I went up stairs with my mistress about ten minutes after twelve o'clock, as near as I can say, on the night of the fire—we went up stairs together.

Q. Did you take the keys of the shop with you? A. Mistress's combs were in the candle-stick—as to the keys I cannot say, but I took the keys from the toilet, and gave them to master in the bed-room—I found then on the drawers near master's bedside—there were two keys tied together with a string—master always took the keys of the shop up—they were usually placed on the candlestick, or on the drawers, or on the looking glass—I found them on the drawers—I cannot say positively that the keys were not taken up in the candlestick or by my mistress in her hand—I left mistress in bed, when I left the room, undressed, as usual—when I went up with mistress I left master in the parlour, and master gave me a shilling to go for a shilling's-worth of brandy, which I got in a mug—when I discovered the fire, the parlour door was open, which goes into the parlour—I could see the reflection of the glass—the door was Jocked which leads from the parlour into the shop—that door was usually locked—the parlour door itself was open.

Q. Had you retired, or got down into the kitchen with the warning pan, before your master went up? A. I did not go farther than parlour before I called my master—my master had his coat and waistcoat off before I left the bed-room—I was in the room about five minutes after he came of—I did not stop longer than giving him the keys and going out—I gave him the two keys which unlock the shop door—I found them on the drawers next the bed-side—that does not enable me to recollect whether my mistress had them taken up—I cannot say—I do not know whether they went up or not but I found them on the drawers, and gave them to my master—the boy who came on the Friday was called John—he was a boy who had applied in the shop as errand-boy—he had seen a bill, I believe, in the window—there was an advertisement for a boy in the window—he left on the Saturday—he was to return at six o'clock, but he did not return—he went for some things—the kitchen was below the shop, down a pair of stairs—that was more usually my place than the shop—it was in the front—there was a wash-house—I was not engaged there only when I was washing my things—I only washed once a week—it was possible to bring goods into the shop without my seeing them—I said no large quantities were brought—the shop was not well stocked as linen-drapers' usually are—I had nothing to do with the shop—the kettle was not a large one—it was a middling-sized one—I did not tell the gentleman at Ogle-street to put down a large one—I saw no quantities of goods come in a coach—whether a parcel or a hamper came I cannot tell—I did not trouble myself about the shop—if I was in the kitchen I could hear any large parcel come in by the weight

—if I was in the wash-house, of course, I could not hear—I do not mean to swear that no goods did come in—the lace was kept in boxes in the shop—I have seen the boxes as they have been serving—the boxes were the size of those books there—I cannot say whether they were kept in blue cartridge-paper cases—there were no merino window-curtains there—I was not there when Mr. Smith, the lodger, was there—whether the room was furnished with merino curtains while he was there I do not know—there were no lumber trunks in master's bed-room—there was a closet leading out of master's bed-room with a lumber trunk there—there were holland blinds to the windows—there was no cornice—there was a piece of flat wood on the top of the window, on which the curtains would rest, but there were no curtains up.

Q. Did you ever look into the trunk? A. I took a counterpane out or the kitchen, the same kind of counterpane as the boy had in the ware-house—there were no curtains in the trunk at that time—there were old tassels there, which looked dirty—they were not moreen—tassels are not made of moreen—they were a lightish colour, but dusty and old, not fit to put up—it was small worsted fringe—that is not in general used to moreen curtains—they are generally trimmed with velvet—it depends on the taste of the person—there were tassels, but not much of them—I have seen worsted tassels used with moreen curtains, but they are not used now.

MR. KELLY . Q. You have been asked about Mr. Smith the lodger; when did he come? A. I do not know, it was before my time—there was no lodger in my time—Mr. Walters dined with my matter—he is lace-maker—he served master—he has dined there several times—he was intimate with master—there was lace in the shop at the time of the fire—there were caps and lace hanging on the lines in the shop—I do not know any thing of their value.

MR. JAMES . Q. In what state was the window of the shop left at night, were the things hanging up? A. The window was left the same as master dressed it in the day—the articles which hung there in the day, hung there all night—I cannot say whether the lamps were burning—master dressed the window on Friday, and it was left the same on Saturday night—I cannot say whether the lamps were left burning low on that night, but they have been left so often, since William Gattrell left the service.

( The following is a list of the articles referred to by this witness, and included in the claim made by the prisoner .)

"Back room, second floor, set of moreen curtains, furniture, drapery, &c, to bedstead, 5 l . 10 s .; mattress and palliasse, 2 l . 10 s .; eighteen yards of damask carpetting, 2 l . 14 s .; hearth-rug, 10 s . 6 d .; mahogany chest of drawers, 2 l . 15 s .; four rose-wood chairs, 1 l . 7 s .; window curtains, lath rods, &c, 1 l . 10 s .; two toilet covers, 9 s .; cut-glass bottle and tumblers, 5 s . 6 d .: two japanned towel horses, 10 s . Front room, second floor, easy chair. with chintz cover, 15 s .; one pair of best blankets, 1 l . 10 s .; two ditto, 1 l . 16 s .; mahogany cheffionier, 2 l . 2 s . Kitchen, blue breakfast service, thirty-four pieces, 10 s . 6 d .; common tea service, thirty-six pieces, 15 s .; one large copper kettle, 15 s .; strong chest of drawers, 1 l . 10 s .—Passage, wine bin and shelves, 18 s .; a dozen and a half of port wine, 3 l . 10 s .; twenty-three bottles of sherry, 3 l . 18 s ; one gallon and a half of brandy, 1 l . 10 s .; two gallons of gin, 1 l . 5 s . Back parlour, 109 vols. printed books, containing eleven vols. of Imperial Magazine., 8 l . 5 s . Front room, second floor, rose-wood sofa table, 2 l . 10 s .; linen press, with shelves, 10 s .; chintz drapery for three windows, with brass supports and muslin curtains, &c, 3 l . 10 s . Mrs.

Miers's wearing apparel—rich silk cloak, 4 l . 10 s .; squirrel muff and box 6 l .—Linen not in present use, eight pairs of sheets, 6 l . 10 s .: one large table cloth, 1 l . 10 s .; two ditto, 1 l . 12 s .; four ditto, 1 l . 8 s .; six breakfast dittle 15 s .—Watches and trinkets—Gold watch, enamelled back, 10 l .; and a silver watch 8 l .—one silver fish-slice, twelve silver tea-spoons, six table spoons, and four salt spoons.

( Adjourned .)

Saturday, April 7 th .

The Queen against Robert Miers —(Continued.)

ANN RUSSELL . I am the wife of George Russell. I wag in the habit before the 20th of January last, of going to the prisoner's house changing and in the course of the time I was there I became acquainted with the lines in the different rooms of the house—about six months before the fire I was there for a fortnight or three weeks—the parlour was furnished—the first-floor back room was not furnished, it was entirely empty, and the first floor front, too, was quite empty the prisoner occupied the second, floor front room as his bed room—I removed the furniture out of the second floor back room down stairs during the floor tnight or three weeks that was charing there—there was a stump elm bedstead, a little upright washing stand, a deal table, two mattresses, and a common looking-glass—I know the sort of wooden rollers that it is common for linen-dra pers to have silk on—there were none in the second-floor back room—they were in the warehouse at the hack of the house—that was the place I re moved the furniture to from the back room second floor—I do not recollect any thing else that I removed from there—there were several wooden rol lers in the warehouse—I think I removed those articles about a week before I left—it was the first week I was there—there was a room over the warehouse, that was at the back of the premises—a yard divided it—there was only a sort of loft and a bed-room over the warehouse for the boy—there was a stump bedstead there of the same sort as had been in the back room on the second floor—there was also a common deal washing stand, a plain deal table, a flock bed, and I think three blankets and two bolsters there—there was no furniture in the rooms higher than the second floor—only one of the kitchens were furnished—there were two white dimity curtains to the bed which the prisoner occupied—there was no valance to the top of the bed, there was to the bottom—the furniture of the house was all com mon furniture.

Cross-examined by MR. PAYNE . Q. I suppose you only speak from recollection of the things—you took no account of any? A. No—it is nearly nine months ago since I last saw them—I work at a great many places—this was six months before the fire.

MR. CLARKSON . Q. Can you tell my friend the different articles in the rooms if he desires to know them? A. Yes.

THOMAS DAVEY . I have been lately living with Mr. Rotherham in Shoreditch—he is a linen-draper. I lived with the prisoner Miers from the 26th of June to the 26th of July in the last year—it was at the house in High-street—I was engaged by a person named Midgley, who I did not know before—before I went to Miers I had been at Crawford-street—Midgley engaged me to go there—I do not recollect the number of the house—I think I went there on the 23rd of June—I am not positive—it was three or four days before I went to High-street—I was engaged there for a

permanency, but the shop was never opened—I was there three days, and slept there four nights—I had been there three times before I entered the service—I have followed the business of a linen-draper fifteen years—I consider the value of the prisoner's stock in trade as it stood at that time was from 200 l . to 1500 l .—it consisted principally of Irish linen, shawls, silks, merinos, stays and prints—they were filled shawls principally, that meant with dark black grounds—I should think there were about forty pieces of Irish linen of various qualities, from 8 d . a yard—some I believe were as High as 3 s .—2 s . a yard would be a fair liberal average for the whole—I should say there were from fifty to sixty filled shawls, about twenty or thirty plain centres bordered, and about as many woollen—there are various qualities of woollen—it is a common kind of shawl—the filled shawls would average from 15 s . to a 1 l . each—the average of the plain shawls and border-ed would be the same—the woollen ones from 7 s . 6 d . to 8 s .—if we were to say 15 s . each for the whole stock of shawls it would be a liberal allowance—I remained in Mier's service a month—during that period I think there were two or three deliveries of goods from the warehousemen—I think the largest parcel would be about 14 l . or 15 l .—they were hosiery, haberdashery and ribbons—I remember some silks coming on sale, or returned—that was the last parcel—I cannot say exactly what portion of those silk were retained—some of them were, I believe—the things came principally from Coster and Co., in Aldermanbury—some articles came from Brown's, in Oxford-street—that was hosiery and shirts, ready made shirts, collars and shirt fronts—two or three deliveries came while I was there—when the hosiery came from Brown's, in Oxford-street, there were goods had in exchange—I can only speak to two parcels—there were two quilts or counterpanes had in exchange—I cannot say what was the value of the goods delivered by Brown—Miers had goods from him several times—some were kept and others returned—I remember meeting the prisoner on the Monday after the fire in Farringdon-street, between eleven and twelve o'clock in the forenoon—he told me he had had a fire—I asked him if it had done much damage—he said it had burnt every thing, and had not left him so much as a coat to his back—I asked him How it originated—he said he could not tell, he had no idea.

Cross-examined by MR. BALLANTINE . Q. Where have you been living since you left the prisoner—in London? A. Yes—I was not examined Before the Magistrate—I was subpoenaed here—I was living in service—I did not get a character from the prisoner when I went away—I did not apply for one.

Q. How came you to leave Mr. Miers? A. I was never engaged by Miers himself—I was there a month, serving in the shop—I do not know the reason why I went away—he told me after I had been with him about a fortnight, he should keep me till the month was up—he gave me no reason for it—he made no charge against me at that time—he never made any charge against me—he had no charge to make—he laid a charge against me that was not right—he challenged me with robbing him—I left his service I thirteen or fourteen days after that—he made no charge after that—I know there were merinos in the shop—they are rather valuable articles—they were not in boxes—they were in wrappers—I had undone two—there were about four wrappers in all of merino—but six wrappers altogether—I cannot say what was the value of the wrappers I had not undone—they were common goods, which I did not undo, as they were marked out side, and therefore I did not open them—the merinos were in a closet up stairs when I went—they were not there because there was no room in

the shop—they could have been in the shop—I never saw but two cloaks—there were no places where they could be kept without my knowledge, unless it was in the bed-room—I was only one month in his employ, and was charged with robbing him—I met him in Farring don-street, when I spoke to him—he began the conversation—he passed me, and turned back—I remained with him fourteen days after being charged with robbery—I am quite certain of that—I will swear I did not leave the day after the charge was made—I have sworn it—I will swear it was more than two days after the charge was made that I left—I have not made any offer of my evidence in this case.

Q. How came they to know any thing about you? A. They traced me from a situation I was in, in Regent-street about three years ago—I had not given information about having lived with the prisoner.

MR. CLARKSON . Q. You staid about thirteen days with your maske after being charged with the robbery, explain what the charge was? A. A female was sent in to buy goods with two half-crowns, eight shillings and a sixpence—she purchased a print dress for 10 s . 6 d ., and a pair of stockings for 2 s . 6 d .—I served her—she was sent with marked money, and after she had made the purchase Mr. Miers came in, and took the cash-drawer out of the desk into a back place, examined it, afterwards called me into the parlour, and asked if I had sold the goods—I told him I did—he said it was very strange, there was 2 s . short—after some time he told me where the money was marked, and on looking through the money I found the two shillings marked as he had said—it was shown to him, and he denied two of the shillings being marked—I proved another to him as being marked, and he said it was the shilling the lady had given him with the bill—he said he was satisfied that what he had charged me with was a mistake, and asked me as a favour to remain with him all the month—I had not been originally engaged with him at all—I was engaged by Midg ley, in Crawford-street, but that shop was not opened—I was led by Midgley to Mr. Miers, till the shop in Crawford-street could be opened—the prisoner did not make any charge against me before a Magistrate or to an officer—when I met him in Farringdon-street he conversed with me in a friendly spirit—he never repeated the charge of the marked money after the drawer had been examined and the money found—one of the marked shillings was afterwards found in the drawer, and the other I believe he had in his pocket—it was produced by him himself—I staid thirteen days after that, at his request—I made out my account at the time to leave, and presented it to him, and he requested me to stay—there was no other shopman employed at that time—Gattrell was in the shop all the time—he was the shop-boy—he did not serve in the shop—he served small customers occasionally—he was errand-boy.

GEORGE BANKS . I am a linen-draper's assistant. I went into Midgley's service the day of the decease of the late King, and staid about three weeks—I left the day the King was buried—I do not recollect the exact day him late Majesty died—it was in June, and I think it was the 15th—I was with Midgley, in Crawford-street—the shop was never opened, from his not being able to get stock to open it—there was stock in the shop that was there before I went there—at the end of the three weeks there were some wages due to me, and Mr. Miers paid me—I had what was due to me, within 8 s . or 10 s .—during the time I was engaged by Midgley I went as different times to the house in High-street.

Q. With the opportunities you had, could you form a judgment of the value as to the stock in the shop? A. Yes—going at different times, of course, I could not examine it particularly—I have been a linen-draper fifteen or sixteen years—I should say, from what I saw, that the stock was worth 700 l . or 800 l ., but certain description of goods were kept out of night, and I was never behind the counter—the stock appeared small, generally speaking—it was a general stock—I could not say any thing about he quality of it—I never saw any of it to handle it—there were linens, shawls, silks, and other things—they were the most bulky part of the stock—I did not see many of them—not to any amount—I know nothing of the quality of the stock.

Cross-examined by MR. JAMES . Q. When were you first at Mr. Miers's house? A. I cannot say—I was there five or six times—the last time I was there was He day he settled with me, the day the King was buried, on a Saturday—that is generally a busy season of the year, but in consequence of the death of the King it was flat—in the month of June, in linen-drapers' business, there would be more sold than at any other season of the year, and there fore a greater diminution of stock—stock is bought early in the spring for the summer trade, and in autumn for the winter trade—I was not there in sutumn—how much might be diminished in June, and replenished in autumn, I cannot tell—I did not see any lace there—I saw the boxes—lace is generally kept in boxes, not exposed to view—what quantity of lace there was I cannot say—we generally form a judgment in proportion—I mean, if there was a quantity of merino, there would be a proportionate quantity of lace—it depends on the trade—I cannot say what the propor tions are—some persons sell a great deal of lace, and others sell more of other goods—I cannot say what might be the value of his stock of lace—there might be 100 l . worth of merino, and more of lace, but I cannot say, as I did not see it.

Q. Do you not know that Mrs. Midgley gave you an order on Mr. Miers to pay you your wages? A. No, I cannot say—I was referred to Mr. Miers—Mr. Midgley was in the country at the time, and, I believe, wrote a note to Mr. Miers to pay me—it was not communicated to me that Mr. Midgley had given an order to Mr. Mien to pay me—I understood from Mr. Miers that he had received a letter from Midgley, requesting him to pay me—he told me so—I gave a receipt for what he paid me—I was not examined before the Magistrate—I got my subpoena one morning about a booth ago.

MR. CLARKSON . Q. I believe you were not found till after the prisoner was committed? A. No, I was not, at least during the examination—it was before the committal—it was the last day of the examination—I was not found till that day—I am in a shop, No. 68, Whitechapel-road, now—were it another assistant there besides myself, and four apprentices—the value of my master's stock, I should judge, is about 2000 l ., and we have a stock of woollens worth 4000 l . or 5000 l . besides—I have made my esti mate of the stock in High-street from the proportions which I consider one article bore to another, from what I have seen in other shops, regard being had to the situation of the shop—I do not speak definitely, or with accu racy—I believe the prisoner dealt in ready-made stays, and shoes, I be lieve.

MR. JAMES . Q. What would be the lowest value of the stock, where you now are, before you laid in a fresh stock for the winter? A. It might be reduced some 300 l . or 400 l .—we are always obliged to keep a certain

quantity of stock—October and November are what are termed dead months generally—it depends on the season a good deal—our stock is not reple nished till next autumn—we are constantly buying and selling.

WILLIAM CONST AN TINE . I am landlord of the house in Crawford-street which was taken by Midgley, on May 16th, 1837. It was taken for haberdasher's and draper's—he afterwards told me that he was not of age and I refused to let him have the house, unless he paid for it by the week—the rent was not regularly paid—I was obliged to put an execution in for eight weeks rent—he was to pay fifty-two guineas a year, but in weekly payments, that would be 1 l . 1 s . 10 1/2 d . a week—it was eight time that—I saw Mr. Miers there before I put the distress in—when I applied for the rent he was there—he wanted me to give Midgley a fortnight to remove his goods out of the premises, and then he would give the hour up to me—there was a bedstead and a mattress there, which Mr. Miers said belonged to him—I do not know whether there was any stock—then was stock, but after I put the execution in, Mr. Miers hoped I would not take the boxes, which were in the back-room, second floor, on the bed stead, as he said they were his property—I saw those boxes—I think there must have been about ten or a dozen, at least—I should consides they were such as contain lace and ribbons in a haberdasher's shop—I seemed to acquiesce in his proposal of giving Midgley a fortnight, till I got out of doors; and having been served a dirty trick by another tenant and having received a letter, I thought it best to put in an execution—it was in consequence of information which I received that I put in the dis tress—after that, I was there with the broker, and saw Mr. Miers, and he wanted me to take 3 l . at first, then 4 l ., and 5 l ., to withdraw the execution—to take that in cash, instead of the eight weeks' rent—I said I did not want to put them to distress, and if they would pay me 5 l . I would withdraw the distress, and let them pay the rest when they could—Mr. Miers said he would see and get the 5 l ., and Midgley and he both went oat together, is endeavour to raise the money, but they came back and said they could not succeed—he said he hoped I would not enforce the distress-warrant, and proposed to give me a cheque on Mrs. Miers, his wife, for the 5 l —I knew that she was his wife—I did not accept his proposal—I said that he had unmasked himself, and I should let the broker proceed—I said nothing more, but left the broker in to do his duty—they left the house, and I got possession, but not for some time—they gave me a deal of trouble—he gave the house up on the 15th of July—he left before that, I believe—I had received no rent before I put the distress in—it must have been in July that I put in the distress.

Cross-examined by MR. PHILLIPS . Q. Were you offered any fixtures in lieu of rent? A. No—I was offered them in lieu of a£20 hill which Midgley gave me, but he took away some of my fixtures—it was a shop-door, which he promised to replace,, but, nearer didr—I was not examined at the police-office.

THOMAS WINK WORTH . I am a carrier, between London and Isleworth I know a linendraper's shop at Isleworth, kept by a person named Mrs. York—the name of "A. York" was on the door—I have chiefly seen one female in that shop—I do not know her name—I knew Mr. Miers's shop, in High-street—I have taken parcels from his shop to the shop at Isleworth, but seldom—I have nothing booked about it, as I was always paid for my labour as I delivered my parcels—the first time I took any, I think, was in the summer-time, and the last time, as near as I can say, about three or

four months ago, but I cannot say, for I paid no attention to it at all—it was some time before Christimas, now I call it to mind—it was most likely longer, but I never paid any attention to it—it is unknown to me How many parcels I took from one place to the other, as I never booked a parcel—it might be ten, or a dozen, or fifteen parcels—some of them were wrapped in paper, and some in canvas—they were various sizes—some were less than that box, and some might be five or six times larger—the male at Isleworth paid me—it was mostly a female, about thirty years if age, that I saw at Isleworth—I did not always go myself to the shop High-street for the parcels—I generally sent my lad for them—when I did go, I saw one man in the shop, and a boy; and at one time, a female, or there might be two females—I still go backwards and forwards to Isle worth—the linendraper's shop there was kept open but a very little while after I ceased carrying the parcels.

Cross-examined by MR. PHILLIPS . Q. Were you before the Magistrate? A. No.

CHARLES BISCHOFF . I am a solicitor, carrying on business in Cop thall-court. I am the proprietor of the house, No. 80, Surrey-place, Old Kent-road—in November last I let that house to the prisoner—I do not believe he occupied it—a Mrs. Clark occupied the house, and her name was over the door at Christmas—I do not know Mrs. York.

ELIZABETH PAUL . In November last I lived at No. 29, Surrey-place, Old Kent-road—Mr. Miers came to occupy the next house, No.10, and the shop was opened as a linen draper's—before it was opened saw some furniture come—I think that was about the beginning of December, but I cannot speak to dates—I saw a cart of household fur niture, and the shop goods together—they were goods that are sold in men drapers' shops—I saw some boxes in which ribbons and Jaces are kept—I think it was in the early part of December that the shop was opened—on the morning of the day it was opened, I observed a coach stop at the door, and Mr. Miers get out of it—he handed out a female, and in me coach was a number of boxes and trunks which were handed out, and carpet bag—I do not know who the female was—she went into the house with Mr. Miers, I believe—I cannot say How many boxes there were—there might be three, or four, or five, I cannot say—I saw the pri soner the shop a few days after it was opened—I cannot say whether he was there every day—I saw him there as much as three times—it was in the evening that I saw him—the shop was closed in the early part of Feb ruary—I cannot tell the day it was closed—I was from home that week with my daughter who was sick—I have a daughter who can speak to the fact—I observed the shop closed when I came back—I think it was on a Thursday that I returned and saw it closed—it did not open again that I recollect, until very lately. Quite at the end of February, I think—there were then bills in the window stating that the stock was to be sold off on the Monday following—it was open on the 1st or 2nd of March, and two or three days before that. Quite at the latter end of February—on the day I saw the bills in the window, stating that the stock was to be sold off; I observed the shop partly open—the shutters were down—there seemed to be stock in the shop in a confused state—I saw carts and a coach arrive, I think on the 2nd of March—that was not the day the stock was to be sold. but before—there were five small carts and a coach—I saw them go away Full of linen drapery—it was the stock of the shop which was taken away

—they drove up to the shop—I saw the linen drapery put in—I did not see Mr. Miers there—I had frequently observed coaches coming before that—I cannot state whether any thing was taken away—yes, once I saw a coach go away with trunks, and a carpet bag, similar to the trunks I saw arrive—that was some time before the 2nd of March—I saw the coach take away stock similar to that I had seen arrive in the coach with a female and Mr. Miers—trunks and a carpet bag—I did not see Miers when the coach took away those goods—a respectably-dressed man was with the coach—he get in after the coach was loaded.

Cross-examined by MR. PHILLIPS . Q. You were not before the Ma gistrate either, I believe? A. No.

MARY PAUL . I am the daughter of the last witness, and live next door to the shop which was opened in Surrey-road. I remember seeing the prisoner there—about ten o'clock one day, about the middle of Decem ber, I saw Mr. Miers arrive with a female—I do not know who the was—some boxes, some trunks, and a carpet bag were brought into the house—the shop opened the same morning about two hours after he had arrived—I saw him there several times after that—I have seen him in the middle of the day, and several times in the evening—the shop closed on a Monday, the 5th of February—it was not open at all that day—in the evening of that day I saw a cab at the door, and there were boxes and parcels inside the cab—I did not observe any trunks that day—the week following a hackney coach was at the door, and seemingly the same trunks, and boxes, and carpet bag went away—about the middle of February a van came to the house, and took away some household goods—I did not perceive any thing else taken away—on the 2nd of March there were five carts came in the evening—they were loaded at the door of the house. with the stock of the did which was taken away.

Cross-examined by MR. PHILLIPS . Q. Were you before the Magistrate A. No.

THOMAS BROOKS . I am a linen-draper, carrying on business in South wark. On the 22nd or 23rd of February I heard of the sale of a linen draper's stock, at No. 30, Surrey-place, Old Kent-road—in consequence of what I heard I went, on the 23rd of February, to Queen-street, Cheapside and from there went with Mr. Jervis to No. 30, Surrey-place, Old Kent road—I effected a purchase there of him of some linen-draper's stock—there were shop marks on those goods—I told Mr. Toplis what those shop marks were, and they corresponded with those which Mr. Toplis had—I bought the stock in the lump, and afterwards disposed of it—among the articles there were a great quantity of satin ribbons—Mr. Jervis did not take down the quantities—it was taken by eye-sight—Mr. Weston took down the particulars—Mr. Jervis went away, and left us there—I paid for the stock—I gave Mr. Weston a cheque for£350 to give to Mr. Jervis—I afterwards disposed of the stock to Messrs. Warren—the stock of ribbons at the Surrey-road bore an extravagant proportion to the rest of the goods—about a fortnight ago I effected another purchase with Mr. Jervis of some shawls—those shawls bore the same shop mark which the other stock had borne—that purchase was effected by my partner at Mr. Jervis's office, in Queen-street, Cheapside—we gave 40 l . for shawels and other things.

Cross-examined by MR. PHILLIPS . Q. Pray How many interviews had you altogether with Mr. Jervis? A. Three, I think—I required from him

an explanation respecting the stock—the first time I saw Mr. Jervis I asked him if it was a legitimate sale, if I should be safe in making the purchase—he said yes, he would explain to me exactly How the case stood—he told the they were goods belonging to Mr. Miers, (there was no disguise about it,) whose house had been burnt down in High-street, Marylebone; that they were made over to his brother in part payment of a debt due to him by the prisoner—knowing Mr. Jervis to be a respectable man, I thought I should run no risk in making the purchase.

Q. Did he tell you whether any of the goods, to the amount of 40 l ., had Hen taken out of pawn? A. I never heard it—the second purchase was made by my partner—I was not present—that was the shawls—all I can say is, the shawls came to my shop, and I gave a cheque for them—we live in the Borough—I have seen Mr. Weston here to-day.

MR. CLARKBOH . Q. Mr. Jervis told you these were a transfer from the prisoner to his brother, did he produce any document, or merely give you his word for it? A. He gave me his word for it—I found the goods in Surrey-place—that was not the brother's house, at least I was given to un derstand not.

JOHN BARTLETT . I am an auctioneer. In May, or June last, I received some articles for sale from Midgley—among those articles was a carpet—I told that, and paid the money to Midgley—I had other articles for sale be sides the carpet, there was household furniture and other goods—this paper as a list of the goods that were for sale—I made it out this morning—I have the catalogue—a few days after the carpet was sold, the prisoner Miers called on me—he did not have any conversation with me then—he called again, and demanded the money for the carpet—I told him I had paid slidgiey for it, and showed him Midgley's receipt—I had received part of the other goods from Mr. Miers, and part from Midgley—part were delivered by Mr. Miers himself—I went to his house if High-street for some, and part of them he delivered himself in a cab —some of the goods I am about to read came from No. 65, Crawford-street—( reading ) I—consisting of a roller-blind, ladder, mahogany wash-stand, two coffee boilers, two tin covers, two wash-stands, sundry forms, three coffee-house settles, rods and curtains, three mahogany tap tables, pictures, wainscot chest of drawers, two coffee-house tables, two mahogany dining tables, boxes and partitions, a stump bedstead, blankets, feather bed and bolster, counterpane, pair of sheets, a napkin, six shawls, three Pieces of Irish linen, and two carpet bags—the principal part of those things were sold on the 1st of August, 1837—they were sold by auction—when Miers called for the money for the carpet, be said the carpet belonged to him, and I should not have paid Midgley—I sold the goods on commission for Mr. Green, to whom the auction-room be longed—Mr. Miers brought a letter from Midgley to say the goods belonged to him, authorising Mr. Green to pay him, not only for the goods which came from High-street, but also from Crawford-street—Mr. Green received the money as clerk of the sale, and having received the money from Mr. Green in part of the sale, I paid the prisoner part, but I do not think he has received the balance—I paid it in consequence of a communication made to me from Midgley, through the prisoner—while the goods were in the progress of being sold, Mr. Miers called at my house several times—he attended one sale, and bought goods.

Q. Now at any time when Mr. Miers called on you did he make in quiry as to your being able to sell any thing else for him? A. Yes he asked me if I could sell any shop goods—I cannot state at what time that was—it was prior to August, because the sale took place in August—the sale of the shop goods was in August—they were all in the same catalogue—was after that conversation that some of the shop goods I have read over was brought to me—about a month after the sale the prisoner called on me, and stated that he was about to dispose of some soiled goods, which he had at him house in High-street, and I solicited the sale in consequence of his having stated that he was going to fit up a lodging-house—I solicited his favour saying, I should like a good sale, and he could buy goods of us in ex change—he did not carry that into execution with me—I saw after this at his shop in High-street—the shop windows had bills in them that time to dispose of the stock—I did not speak to him in the shop—I did not go in—I saw him in the shop putting some articles in the win dow, and there were some bills stuck up about the stock selling off or to the effect—I really cannot say when that was—I cannot say How soon it was after the conversation about disposing of the soiled stock.

Cross-examined by MR. PHILLIPS . Q. Is it not a very common thing in London for linen-drapers, as well as others, to put up bills about disposing of their stock at an enormous sacrifice, to induce customers to come? A. I have heard of such things—it is very common—I believe the same shop may have bills of that kind up for years together—I was not before the Magistrate.

MR. CLARKSON . Q. Was any thing known of you at all, till within the last four or five days? A. Not till yesterday morning, when I was sent for.

MR. PHILLIPS . Q. Were these three pieces of Irish linen, which you sold for Mr. Miers, sold at a loss? A. I do not know what he paid for then.

Q. Did he not refuse, in consequence of what they were sold for, to he you have any more, and take away the shawls and carpet bag? A. He took the carpet bag and five shawls away.

MR. CLARKSON . Q. Was it after that, he told you of his intention of selling off his stock? A. Yes.

FREDERICK FUTVOY . I am the agent of the London Parcels; Delivery Company—my place of business is in High-street, Marylebone. On Friday, the 19th of January last, I received a parcel from Mr. Mien—we haves book, in which we make our memoranda—it was directed to Mr. Bustin, No. 8, Ingram-court, Fenchurch-street—I remember hearing of the fire in High-street—this was the day before the fire—the size of the parcel, to the best of my recollection, was fifteen or sixteen inches square—I do not re collect the weight—after the parcel had been delivered to me, the person I always understood to be Miers, and believe to be the prisoner, came back to open it to put something else in—I cannot say whether it was a letter—it was a piece of white paper—I could not see what was in the parcel—I was at the further end of the shop—I believe the parcel was forwarded to Ingram-court—it was sent from us—we received a parcel on the 29th, directed to Mrs. Clark, 30, Surrey-place, Old Kent-road—I do not know that it came from Miers.

Cross-examined by MR. PAYNE . Q. Do you not put the weights down? A. No—we never, at that time, weighed them—there are four delivers daily—the person I always supposed to be Miers brought the parcel—I am not sure it was the prisoner—I was not before the Magistrate.

MR. KELLY . Q. Have you looked at the prisoner? A. Yes—I be lieve it was him.

CHARLES DAVIS . I live in Great Marylebone-street, and am an agent to the London Parcels' Delivery Company. On the 26th of December I received a parcel addressed to Mrs. Clark, in the Old Kent-road—I have not the slightest recollection who brought it—I also received a parcel on the 1st of January—I have no knowledge whatever who brought it.

Cross-examined by MR. BALLANTINE . Q. Is this your first appearance of this case? A. Yes.

GEORGE BONE . I live in Crawford-street, and am an agent to the Parcels' Delivery Company. I do not know the prisoner—I never saw him before that I know of—I do not know who the parcels came from which I received.

GEORGE GALLOWAY . I live at No. 7, Bowling-street. I knew the lad who was employed by the prisoner—I was agent for the London Parcels' Delivery Company—on the 28th of October, and from that time to the 6th of January, I received parcels, which were brought by a lad in the prisoner's employ—I received nine parcels from the lad, and one from the servant maid—they were directed to Mrs. Miers, 34, Whitechapel-road—the last parcel came on the 6th of January, and went away on the 7 th—they were brown paper parcels, I should judge from a foot to eighteen inches long, nearly square—the first parcel I weighed was under 7lb., and the other parcels averaged about that weight—they felt similar to shawls or linen—was something soft, such as shawls or linen, as far as I can describe.

ALEXANDER WATKINS . I am a surgeon. I knew the shop of Mr. Miers, in High-street, Marylebone—about ten days or a fortnight before the fire I had occasion to make a purchase there—the principal part of the stock I observed was woollen goods, shawls and comforters—the shop appeared to be very scantily supplied, I should say, from its first commencement—I had been in the habit of passing it eight or ten times a day, and from the beginning it appeared to be scantily supplied—I passed it several times the very day the fire happened—I should say the stock had diminished at that time—it was very ill supplied during the last month—on the day of the fire I noticed a great many shawls hung up in the window—they were common woollen shawls, and also some calico—that was the nature of the things I saw in passing the shop—the goods I have seen there for the last month I should say were very common goods.

Cross-examined by MR. PHILLIPS . Q. Are you in the habit of prying into different shops to see if they increase or diminish? A. I am con stantly in the habit of seeing goods in shops by going into. them, a person cannot help noticing—I am not constantly in the habit of looking into shops, but that shop I noticed particularly—I was not before the Magistrate—there were principally woollen goods in the shop, and some of those red comforters—I have seen some caps hanging up—I did not on any one day observe a diminution, but in the course of the week I certainly did—I do not remember observing any lace hanging up—I cannot say whether there was any Irish linen or not—some of the shelves appeared to have parcels, what was in them I cannot say—Irish linens are generally done up in large blue paper parcels—I did not observe any of those in the shop—if there was any, my inspection was not minute enough to see them—if any were put up like "dummies" I did not see them—I could not see into the drawers to see if there was lace in them—it was in the winter season that I saw the shawls

and comforters hanging up—many linen drapers have shawls and comfort ers hanging up in the winter, but not the description of shawls I saw there they were so common, such as you generally see servants wearing, what I should call worsted—I did not notice any silk shawls—I will not swear there were not any—I can only swear to what I saw—there must have been a great many things I did not see—I could not see into the drawers—I cannot tell How many times I have been into the shop—the last time went in I purchased a red comforter for my errand-boy—that was not the only purchase I made there—I bought some sewing cotton for my with there, one day as I was going out she requested me to buy it for her, and bought a pair of gloves for myself—I found each article I wanted—I do not remember buying any thing else—I do not recollect How long it is since I made the first purchase—the cotton was the first thing I bought—I cannot tell How long ago that is—I bought the comforter about a fortnight before the fire—I was talking to both Mr. and Mrs. Miers at the time—I do not know which of the two served me—they were both serving in the shop—I do not know whether there was a boy serving—I am sure I do not remember whether any other person was in the shop or not—I cannot say on that particular day—I have seen a boy in the shop—I did not notice whether there was a boy there that day—one customer came into the shop while I was there—I do not know who served him, but I think it was Mrs. Miers—I was engaged in conversation with Mr. Miers, and did not observe what that customer was buying—I do not recollect having been to the shop oftener than I have stated—I cannot say whether there was any Irish linen there—I did not notice whether there was any or not—there might have been fifty pieces there without my observing them.

MR. KELLY . Q. You speak of having been three times in the shop; were your observations such as you made in passing, as to what was in the window? A. Decidedly in the window—the goods, as far as I noticed were generally of an inferior description.

AGNES CRAWFORD . I live in Great Marylebone-street. I remember the fire happening at Mr. Miers's—the day before that I went to the shop for a pair of black worsted stockings—I was shown two pain—they did not suit me—they were very coarse—I asked for finer, and said I would not mind giving 1 s . 8 d .—Mrs. Miers served me, and she said they had no others—I thought the shop was very thinly stocked, very badly stocked indeed, which has been my opinion in general, lately—I noticed the shelves had a very scanty appearance indeed—one window of the shop looks into Bowling-street—I observed some stays there, which I thought remarkably cheap—I observed nothing else at that time—I cannot say whether there were any shawls there—the stays attracted my attention more than any thing.

Cross-examined by MR. PHILLIPS . Q. Perhaps you wanted stays? A. At that time I did, and they attracted my attention—I cannot tell whether there were any shawls in the window—I did not notice any thing at all but the stays—there were other things in the window—I was never in the shop but three times—I did not observe the shelves till the last time—I went on the Friday night—I never noticed any Irish linen being there at all—it must have been about the middle of last summer I was first in the shop—I do not recollect seeing any linen at all—I went in for other things—and I made no particular observation then—I cannot undertake to swear that there was no linen there, but I never noticed any—I saw some very common shawls, some caps, and a great number of common ribbons—not so

good as I have on now—there was some common edging hanging up—I cannot undertake to say there was no lace—there were some small drawers in the shop, but I did not notice them—I went there each of the three times to buy—the first time I went for some white satin ribbon, but they had not any to suit me—they had some ribbons, and offered to get me some—it has repeatedly happened that I could not be suited in shops—it a Common thing with respectable shopkeepers to offer to get a thing if they have not got it by them—stockings at 1 s . 8 d . are rather fine—in the summer I went to buy white cotton stockings—they were for the servant-girl—I did not wish to buy any thing for myself there—there were four or five pairs of stays in the window, which I thought very cheap—I did not bargain for them—I had not the money with me to buy them.

MARIA EMMERSON . I live with Mr. Higgins, who keeps a coffee-shop, at No. 13, John-street, Oxford-street. I know the prisoner at the bar—on Friday, the 19th of January, he came to the coffee-shop, about nine o'clock in the evening, and brought two parcels—he asked me to take care of them, and said he would call for them in a few days—they were two brown paper parcels—one was rather large, and the other small—they were larger than that box—one was rather more than twice as large, and the other was not so large, but the smallest was larger than that box—he asked me to take care of them, and said he would call for them in a few days—I after wards made a mark on them when the Inspector came—the prisoner called again a few days after—two or three days after—it was after the Sunday, about seven or eight o'clock in the evening—I cannot say exactly the time—it was after dark—the gas was lighted—he asked me if I had taken care If the parcels—I told him yes—he said he could not take them then; he would take them another time—that was all he said—I had never seen him before he came the first time with the parcels—the police-officers called on a Friday after, and took the parcels away—it was a month from the. day the prisoner brought them that they were taken away—it was on the Friday month after he brought them.

COURT . Q. Then he never called again? A. No—I never saw him since.

MR. CLARXSON . Q. Are you acquainted with any person named Midg ley? A. No; I know nothing of him—there was no such person in the habit of frequenting master's house—I do not know the gentleman if I see him—no person of that name was in the habit of leaving or receiving par cels at our house—they were the two first that I had taken in—( the parcels were here produced )—that is one—the paper of the other has been turned, think—yes, that is the other parcel.

Cross-examined by MR. PHILLIPS . Q. How do you know the parcels? A. Because I marked them—that parcel has been undone, and the paper turned—I did not give any other parcels than these to Campbell or Dyer—this is the mark I made—I cannot write—they told me to put any thing I liked on it—they are the parcels, both of them—I am quite sure these are the marks I made on them—I never saw the prisoner only once when he brought the parcels, and once after—it was nine o'clock in the evening when he brought them—he remained but a very few minutes then—he had his tea when he came the second time, and went out again directly—ours is a shop of a great deal of business—we have a great many customers, but I do not very often see different faces—we have regular customers—a great many—that is the gentleman that brought the parcels to me—when he came with the parcels he had a cloak on, and when fee, came after them he had

a great coat on—I am quite sure of him—he never came after them again—if he had come and asked for them when I was out, most likely it would be named to me when I came home—I was only in the habit of going out on Sunday—I am confident he came on the day I have said—it was on the Fri day, because I cleaned my coffee-room out, and I always clean it out on Fri day—I am quite sure it was the day I cleaned the coffee-room oat—I know it was that particular Friday, because I looked back in the almanac to see—I counted the weeks—I can read—I recollect it as well without, as with the almanac—I looked at the almanac because I would be confident—it was just a month to the time the parcels were taken away—I had seen the account of the fire in the papers—I have not had any communication with anybody connected with the fire-office since—I have not seen Mr. Rickards or Campbell since I have been here—I had not seen any of the fire-office people between the time of the fire and my going before the Magistrate—they came after me—master sent for Inspector Campbell, and he asked me about it when he took the parcels—I had no conversation with him between the time of his taking the parcels and my going before the Ma gistrate.

Q. Did you give your evidence to Mr. Rickards, the attorney, belonging to the fire-office? A. He was at Marylebone—I told him at Marylebone—I told the Magistrate there—I did not go to any house before that—my evidence has not been taken by anybody except the Magistrate—I have had no conversation with any of the fire-office people about it—I have come from John-street, Oxford-street, now—I do not know a person of the name of Midgley—I know pretty well all the names of my master's customers, and there is never such a person comes there—we have about thirty regular customers, and about thirty irregular ones—I do not exactly know all their names, but I know them by sight—there may be persons known to my master and mistress and not to me.

MR. CLARKSON . Q. When the prisoner called at your house after he left the parcels, did he at that time tell you his house had been burnt down or that he had had a fire, or any thing of the kind? A. No, he did not.

WILLIAM WHITEWICK . I am in partnership with Mr. Brooks, in the Borough. About a fortnight back, I made a purchase of some shawl of Mr. Jervis, the attorney for the prisoner—Mr. Brooks gave a cheque for them to Mr. Weston—Mr. Weston came to our house, and I went with him to Mr. Jervis's office—I paid 40 l . for the shawls—they are the same shawls my partner afterwards saw in our establishment, bearing shop marks.

Cross-examined by MR. PHILLIPS . Q. Did you inquire of Mr. Jervis or Mr. Weston where the property came from? A. No, Mr. Jervis told me they were taken out of pawn—that was a voluntary communication from himself—I did not make any inquiry about them, in consequence of Mr. Jervis's respectability—I knew him before—I believed him to be respectable, and still believe him to be so.

MARY WOOD . I am the wife of Jonathan Wood, and live at No. 118 Great Titchfield-street—we keep a coffee-shop there. I know the prisoner, Mr. Miers, by his bringing parcels to my house—I did not know him before—I first saw him on Saturday, the 20th of January—he came about five o'clock that afternoon—he had given two parcels to my little girl, who I had passed as I went down the shop—I did not see him give them to her—he asked for me—I was in the parlour, and learnt that somebody wanted to speak to me—he asked my little girl

or her mother—I went into the shop, and there saw the pri soner and the two parcels—we had at that time a hill in our window for lodgings to let—the prisoner asked if I had a room to let him a—I told him I had not got a room, I had part of a bed, but I could not exactly say when it would be at liberty—I told him I could not have him an answer then, on account of a gentleman's servant, who was in new of a situation, and I could not say exactly when it would be at party—he then said he would come in again and take tea, and he went away she said he had no objection to part of a bed, as I had not got a room—he had given the parcels to my little girl to take care of—he said so to me—my little girl had taken them into the parlour—I did not see the parcels before he left—yes, I saw them in my little girl's hand as I was coming into the shop—I took care of those parcels till they were afterwards de livered to the policeman—I delivered them myself to Sergeant Dyer—they remained in my possession till I delivered them to him—he and Mr. Camp well were both together—( locking at two parcels produced )—that is one of the first parcels—I do not know the other, but it is one of the six—the pri soner did not come back to tea—I was not present, about eleven o'clock the same night, when any other parcels were delivered—I was present on Monday, the 22nd of January, when two other parcels were delivered by the prisoner—before he came on the Monday, two more parcels had been left, but I did not see the prisoner till he came on the Monday—I saw him then—I was in the bar—he came into the shop, and sat down on the first seat—he asked me again about the lodgings—this was about ten minutes to five o'clock—he asked me what time it was, and I told him—he asked if I could accommodate him with a lodging—I told him I could not give him any answer then—he said he did not want the lodging that night—that he was going to the play, and should sleep at a friend's house in the City—he said he would look in again to-morrow—he brought two parcels with him that Monday afternoon—that wrapped in the newspaper is one of them—I can not tell which is the other—those two were part of the six which were afterwards delivered to Dyer—when he brought these other parcels, he did there were two more parcels he wanted to leave—I do not remember making any answer—I took them, and put them with the others—he did not say any thing then as to his house having been burnt—he did not tell the who he was, or why he wanted lodgings—he went away, saying he would come next day, but he did not come, and I did not see or hear of him again ill Saturday, the 3rd of February, which was nearly a fortnight after—I had not heard of the fire in the meantime, but I had had some communication with Dyer, the police-sergeant, and Mr. Campbell, the inspector, and had thrown them the parcels—the prisoner came on the evening of Saturday, the 3rd of February, and took a cup of tea and sat an hour—he then asked for me—I went to him, and he asked me about a lodging again—I told him he could have a lodging, and he said he would take it from the following night Saturday)—I said he could have it, and he said he would come on the Sunday night—he then said he wanted to take the parcels away to the coach-office, as he was going into the country on Monday—we told him we could not allow the to take the parcels away, for as he had left them so long, we had com municated it to the police, and we thought it was not all right—my hus band was there, and I think me and my husband both told him that—it was the first mention that had been made of the police—he said the property was his on, and he would satisfy my husband if he would go with him to

Edgware-road, to a friend's house—he did not mention the name—my husband said no, he could not go with him, but if he would allow him to send for the police, or the inspector, the parcels would be given up to him—the prisoner then wanted to call a coach and take my husband—my husband said he would wait till he returned and brought his friend, if he would fetch his friend there—he said he would return in half an hour, and went away—he did not return, and I never saw him again till I saw him at the police office.

Q. During the whole of that time did the prisoner say any thing to you on to your husband, about having had his house burnt or property destroyed A. No; he did not—he did not tell me who he was or where he lived, not mention his name at all—when he went away, he left all the parcels with us—these are the six parcels—they were shown to me before at the police office—they were never taken away from our house till we were called as Marylebone office, which was on the 12th or the 13th of February—I do not know any thing of a person named Midgley—he had never been in the habit of using our house for receiving or leaving parcels, that I know of—there was no one in particular for whom we had been in the habit of re ceiving parcels—I do not to this moment know anybody of the name of Midgley.

Cross-examined by MR. PAYNE . Q. You ay he did not tell you his name; did you ask for his name? A. I did not, nor did my husband in my presence—I did not ask him where he lived, or make any inquiries of him as to who or what he was, nor did my husband in my presence—I did not ask him the name of his friend in the Edgware-road, or the number of the house—we did not make any inquiry about who the person was in the Edgware-road—my little girl is about nine years old—she is not here—our shop is near Oxford market—there are several other coffee-shops is the neighbourhood and near Oxford market—I have not been examined by anybody belonging to the Fire-office—I have not been to Mr. Rickards' office—my evidence has not been taken down by any one on the part of the Fire-office that I know of—I have had no conversation with any one con nected with the Fire-office, no more than Mr. Toplis called—I cannot recol lect when it was he called—I cannot tell the day of the month or week—he did not have any tea and toast—I had not heard of the fire at the time—I should think it was about a week after the last of the parcels had been left at my house that Mr. Toplis called—I should think he remained in the house two hours—Mr. Campbell, Sergeant Dyer, my husband, and myself were present—Mr. Toplis did not put any questions to me or to my husband—he looked at what was in the parcels—he was two hours examining the parcels—he talked to Mr. Campbell—I do not recollect his asking me or my husband any questions—no one besides Mr. Toplis came to me from the Fire-office—our house is three doors from Castle-street, Oxford-market.

MR. KELLY . Q. Were you examined at Marylebone police-office? A. Yes; except that, I have not given my evidence to anybody—I have had nothing to do with Mr. Toplis, except that he came to our house and ex amined the parcels.

JONATHAN WOOD . I am the husband of the last witness. I saw the prisoner on Saturday, the 20th of January last—that was the first time, to my knowledge, that I had ever seen him—it was between ten and eleven o'clock at night—he brought two parcels with him, and asked me if I would take care of them—I told him I would, and he asked me if I could

see gave him any answer whether he could have a lodging there—I told him could not then give him an answer—he said he would look in again to marrow that he had a friend waiting outside, and it did not signify, and he do not away—I cannot tell which are the two parcels he delivered to me, I do not know them, hut the two he left that night are two of the six which were afterwards delivered to the police—I did not see him any more of the 3rd of February—he took something at our house that night, but I am not certain what—after sitting there a great while, (nearly an hour, I should think,) he said he had left some parcels some time ago, and asked again if he could have a lodging—I told him I would speak to my wife—he did not say any thing then about having had a fire, or his house being burnt down—nor did he, when he came on the 20th of January, tell me who he was or where he lived)—I went and fetched my wife, and we let him the lodging—he was to sleep with a young man, and pay 3 s . a week—he agreed to that, and he was to come on the Tuesday following—he then wanted to take the parcels away to take them to a coach-office, and said he was going into the country—he said, previous to that, that he had been in the country—I told him, in consequence of his leaving the parcels did not calling, I had mentioned it to the police, and could hot give up the parcels till I went to the police-office again—I had, in consequence of sus picions I entertained, informed the police of the circumstance—when I told him I had done so, he wished me to call a coach, and go with him to friend in Edgware-road, and that would convince me the parcels were his—I refused to go, and told him I must acquaint the police of it before I could give them up—he said he would go away and bring his friend, and went away—in the meantime I went to the police-office—he never re turned with his friend—he never gave any intimation, when he called on the 3rd of February, of having had a fire in his house, or any thing having happened to him at all.

Cross-examined by MR. PAYNE . Q. You say he did not mention his name; did you ask his name? A. No—I asked him no question to as certain who or what he was—not from beginning to end—my wife was present when the agreement was made for the lodging—Edgware road is, I suppose, about a mile from my house—it would take perhaps half an hour to go there and back in a coach—his proposal was, that I should go with him to his friend, and the parcels should remain at my house till we came back—that was what I understood.

Q. Pray, have you seen Mr. Toplis? A. I have—he has been to my house—I have only seen him there once, that was about a fortnight after the Monday on which the prisoner had called, and I believe it was the day before Saturday, the 3rd of February, when the prisoner last called—Campbell and Dyer were with Mr. Toplis when he came—my wife was there—I do not know that anybody else was there except the servant, and she was not in the room—he was in the parlour looking the parcels over—he was there perhaps an hour or an hour and a half—he did not say a word about the fire—he did not tell me who he was—I do not recollect that he asked me any questions—not to my knowledge—he might ask me a ques tion certainly, but perhaps not relative to this—he did not ask me any thing about the fire—he did not say he came from the Fire-office—he was looking over the parcels, and taking notes—he might be there two hours—he was occupied all that time in looking over the parcels and taking notes—I was bound over to appear here.

JAMES DYER ( police-sergeant E 2.) In consequence of information

which I received, I went on Tuesday, the 23rd of January, to the coffee-shop of Wood's in Titchfield-street, and remained in attendance there in case the prisoner made his appearance—I remained there till Wednesday evening, and was then discharged by my superior officer from further at tendance—I saw six parcels there, which I have produced—I have produced the same six parcels that I saw there—I accompanied Inspector Campbell when he apprehended the prisoner—I went to Emmerson's, and brought two parcels away from there—they are the two which I have produced.

Cross-examined by MR. PAYNE . Q. Were you present at the time Mr. Miers was apprehended? A. Yes—he was taken in New Bridge-store within three or four doors of Mr. Toplis's house—I had been to Mr. Top lis's house, and was in a room there some portion of the time, bat not at the time the prisoner came out of the house—I was not in the house when he was apprehended—I had been out of the house I should say an hour—I might have been in the house about twenty-five minutes or rather longer—Campbell was with me there—we were both waiting in a room there is consequence of a communication.

Q. Did you know that Mr. Miers was coming there to explain his ac counts to Mr. Toplis, and were you not there to take him into custody when he came? A. We had no directions to do so—we were aware he was coming to attest his claim—we were not placed there on purpose to take him into custody when he did come—there was a communication from Mr. Toplis to inspector Campbell that he was coming there to after his claim, but it was on our own responsibility we took him into custody—Mr. Toplis allowed us to wait in his house about twenty-five minutes.

Q. How came you to go out again, why not stop? A. I went out of my own will, and afterwards took him in the street—I saw him come out of Mr. Toplis's house—I touched him on the shoulder, and told him I wanted to speak with him—I said no more at that time because Mr. Campbell was present and entered into conversation with him—Mr. Camp bell stepped up to him immediately, and said, "Mr. Miers, I wish to speak to you concerning some parcels left at a coffee-shop in Great Titchfield-street"—the prisoner said, "What parcels?"—Mr. Campbell said, "Yes don't mean to say you did not leave them?"—the prisoner said, "Yes there were some parcels left"—Mr. Campbell said, "Yes, and by you." and he said yes, but they were not his property, they were a friend's of his, who had directed him to leave them there—Mr. Campbell then inquired to know whether they had been called for previously by Mr. Midgley—he had named Midgley as the friend—before that Campbell had cautioned him as to answering questions—Mr. Campbell was dressed in a green coat over his uniform, and I was in plain clothes—I had a drab great coat on—neither of us had the appearance of officers, but Mr. Campbell represented himself as an inspector after he spoke to him relative to the inquiry—it was not after he said it was not his property, but the property of a friend—I will swear it was not after that—he said, "You don't know me, I am an in spector of police, and if you are not satisfied I will show you my uniform"—those were his words.

Q. At what part of the conversation will you venture to swear that took place? A. Directly after Mr. Campbell had represented that he wished to speak to him concerning the parcels left at Great Titchfield-street—not before he had made an answer to it—he had made his answer—he said "There were parcels left"—Mr. Campbell said, "Yes, and by you"—he

said, "Yes," and then Mr. Campbell said, he was an inspector of Police, and he must consider himself in our custody—the conversation occurred after he was taken into custody—I believe there is no mistake about that—I did not tell him he was in our custody when I first tapped him on the shoulder—my superior officer being present, I left it to him—we did not want to make him believe we were private persons—I was acting under the directions of my superior officer—after Mr. Campbell told him he was an Inspector, he represented then that they were not his parcels but the property of one Midgley, and that it was by his desire he left them—and he said "where par cels had been left previously"—I have no recollection of any other conver sation taking place—I took him to the station-house—I and Mr. Campbell went with him—that is all I recollect passing.

SAMPSON DARKIM CAMPBELL . I am an inspector of Police. In conse quence of information I received, I went to Wood's Coffee-shop, in Titch field-street—I there saw the six parcels—these are them now on the table—I examined their contents on the 24th of January—they have since been seen by Mr. Bailey, of St. Paul's-churchyard—I also got two parcels from Emmerson, at Higgins's coffee-shop—these are the two—they are Not. 1 and 2£—I have a list of the articles in the parcels.

( It was here admitted by the prisoner's counsel, that the aggregate value of the whole parcels was 63 l .— The parcels being inspected, No . 1, from Wood's, was stated to contain shawls, silk handkerchiefs, and other articles of trade, valued at 11 l . 18 s . 3 d .— No . 2, ribbons, &c., valued at 8 l . 0 s . 5 1/2 d .— No . 3, child-bed-linen, coral, and bells, valued at 3 l . 16 s .— No . 4, shawls, pieces of merino, and cambric, valued at 6 l . 6 s . 11 1/2 d .— No . 5, twen ty-nine squares of fine diaper napkins, marked "M," and numbered, valued at 2 l . 18 s .— No . 6, stockings, edgings, and other things, valued at 5 l . 14 s . 8 d .— Parcel No . 1, E., at Higgins's, sheeting, gloves, &c., valued at 11 l . 0 s . 4 1/2 d ., and No . 2, E., caps, laces, veils, and shawls, valued at 13 l . 5 s . 1 d .)

SAMPSON DARKIN CAMPBELL ( continued .) In parcel No. 3, there is a silver coral and bells; also a bible and prayer-book, which are new, and very handsomely bound—there is no name in them—this is the coral.

Q. When did you first obtain information about any of these parcels? A. On the night of Monday, the 22nd of January, about half-past eleven o'clock—that relates to the first six—I had not heard of the fire at that time—I read an account of the fire in the newspaper, while I was waiting for the person I supposed would call for the parcels at the coffee-shop—I think that was on the Tuesday, the following day—in consequence of sus picions we had of the person who had left the parcels, I and Dyer were on the look-out for him several days—we were there till about two o'clock on the Wednesday, and then, as nobody came, were determined to open them.

Q. I want to know whether you merely went and apprehended the prisoner on the 12th, on information you then received, or whether you were, on your own account, on the look-out for him, for several days before? A. Yes—we were on the look-out for him from the 22nd of January, when we learnt that the parcels were left, until the 12th of February—I was Dyer's superior officer—he acted under my authority—I did not apprehend the prisoner from any instructions from the Insurance Company—having made a report to the Commissioners of Police, I acted under their orders—when I afterwards learnt that the prisoner was to be at Mr. Toplis, on

the 12th of February, I went there for the purpose of apprehends him and did apprehend him in New Bridge-street, within a door or two of Mr. Toplis's house, about the second door, after he left Mr. Toplis—I said "Mr. Miers, I wish to ask you some questions, concerning some parcels left in Great Titchfield-street"—he said, "What parcels?"—I said, "Some parcels which were left at a coffee-shop there, I believe by you"—he did not make any answer to that—I waited a moment or two for his answer and finding there was a hesitation, I said, "You don't mean to say you did not leave them?"—he said, "There were some left"—I said, "Yes, and by you"—he said, "Yes, I did leave some, but they are not my pro perty, they are the property of a friend"—I said it was very extraordinary they should be left there, under the circumstances they were, and said "You don't know me, I suppose?—I am an inspector of Police"—he looked rather sharply round, and I said, "If you have any doubt, I will show you my uniform"—I had a great coat, buttoned, and proceeded to unbutton it—he said, "Oh, I will take your word"—I said, "You must consider yourself in my custody"—he said, "Oh, indeed"—Mr. Campion, a gentleman who had been with him at Mr. Toplis's, was with him then, and some conversation took place between the prisoner and Mr. Campion, relative to letting a friend of his, named Jervis, know—he gave Mr. Campion his direction, and Mr. Campion left—we then crossed over to the other side—I said it was a very unpleasant business, I trusted he would be able to explain it—he said the things were left by him by the direction of a person named Midgley, who had directed him to the coffee-shop, having had things left there before—I asked him if he knew where Midgley was—he said no, he did not know, he believed he was in confinement, some where, but he did not know where—I said, "Don't you know be is in Whitecross-street prison?"—he said, "Very likely he is, I don't know that he is; but I hoped that be had got out before now"—I said, "Do you know whether any application has been made on the part of Midgley for the parcels, since they were left?"—he said, "Not that I know of—I am not aware"—I then asked him if he knew whether the parcels had been fetched away—he said, "If they had been taken away', you would not have come after me."

Q. Did you say any thing to him in this part of the conversation about not answering any thing unless he thought proper? A. I think it was after saying it was an unpleasant business, I said, "Mind, I do not wish to elicit any thing from you likely to injure you; I will ask a question or two, do not answer if you think it likely to injure you"—I then asked him if he had made any application himself about the things—he said no he had not—I asked him, "Have you never been, then, to the coffee-shop?"—I asked him if he knew of any application being made for them—he said none that he knew of—I asked him if he had been himself to the coffee-shop since the night he left them—he said no he had never troubled him self about them since he left them there—I had no further conversation with him relative to the business—we went to the station.

Q. Do you remember either then, or at any time, asking him any thing about a servant? A. Certainly I do—there is one part I have omitted—in going along he turned shortly round and said, "Do you know a person named Sarah Davis?"—I said, "No, I do not"—he said, "Are you sure of that?"—I said I assure you I do not; perhaps you will have no objection to tell me your motive for asking the question—he said, "Oh no, never

mind"—I asked him whether the servant who lived with him at the time of he fire was still in his service—he said, "Yes"—I said, "Is she at Fen-church-street?"—he said, "Yes, she is there with my wife"—I meant at Ingram-court—I expressed my regret at apprehending him at that time of night—he said, "Oh you could have had me at any time if you had chosen"—said, "That is not so; you have not been home to your lodging in In-gram-court since Saturday week"—he made no answer to that—I believe that was the conclusion of the conversation—we bad then got to the station-house—he said nothing that night as to whether he should say any thing more to me or not.

Cross-examined by MR. PAYNE . Q. Pray at what part of the conver sation was it you gave him the caution not to tell you any thing unless he Hewed? A. I think it followed my saying it was an unpleasant business, and I trusted he would be able to explain it—it was not after I had asked him about Midgley, that I swear—I told him I was an inspector, after my asking him whether he had not left the parcels—it was after he told me they were not his property, but the property of a friend—it was then I told him who I was—after I told him who I was, there was no conversation be tween him and me until we crossed over to the other side, after Mr. Cam pion had parted from him—I would not venture to swear that be called Mr. Jervis his friend, or whether he merely gave Mr. Campion the direction of Mr. Jervis—I will not swear that he said his friend—he did not mention He word "attorney" at all.

Q. Did he not seem very much surprised after having a conversation with you in plain clothes, to find you were an officer, and took him into custody? A. He certainly was surprised—he said, "Oh, indeed"—he did not say it was a trap laid on the part of the office.

Q. From whom did you get the information that he was coming to Mr. Toplis? A. I received the information from Mr. Toplis, in answer to an Application made by me—I was in one of his rooms for half an hour—Sarah Davis was examined as a witness before the Magistrate, and she is here—Mr; Rickards attended before the Magistrate on the morning the first investigation took place, but after it had been gone into to some extent—Mr. Rickards wished it put off until one o'clock, but the Magistrate would not consent—I was at the police-office when Mr. Rickards was there. Q. Did Mr. Rickards say to the Magistrate that the Fire-office did not think they could press the detention of Mr. Miers, as he had refused to, sign the draft claim which had been first furnished? A. He did not give Office as a reason—I understood the reason given by him was, that the Office was not prepared to prosecute in the present situation or state of the case.

Q. Have a care; I have a person here who heard it; was it not that the Fire-office did not think they could press his detention, as the draft claim was not signed, and the fraud was not completed? A. I did not hear that, but I heard Mr. Rickards say, when he first came into the office, that the Office were not prepared to prosecute in the present state of things—he did not say they were not prepared to press for his detention—I did not hear that—four or five witnesses had been examined at that time—I had been I examined, Dyer had not—the Woods had—I do not think Mr. Campion was examined till the second examination—I did not hear Mr. Rickards say that they did not think they could press for the prisoner's detention.

MR. KELLY . Q. How many persons were before the Magistrate alto gether

when Mr. Rickards made the observation you have stated? A. I think not above four were examined on the first day—that was the morn ing of the 13th of February, the day after the interview at Mr. Toplips's—I do not mean to say that T have given the precise words of my conversa tion with the prisoner, but I am certain they were to that effect—I made a memorandum of the heads of it.

SARAH DAVIS . I am now living with Mrs. Sands, in Oxford-street was in the service of the prisoner for six months—I left in November—he afterward refused to give me a character, for the breakages I had made and the state he said I left the house in—one Saturday night while I was in his service I remember his saying something—he did not say it to me but in my hearing, as I was passing with the supper things, master and mistress were sitting together at supper—he was complaining to mistress of the badness of trade, and wished there was a train in the house—I think that was about two months before I left the service—I heard him complain once or twice of the badness of his business; and his sister in particular used to tell me How bad business was.

Q. While you were in the service do you remember parcels of goods being sent any where? A. Yes, they were always directed to Miss York at Isleworth—I have seen Mrs. York in High-street—they are the mother and sister of Mrs. Miers.

Cross-examined by MR. JAMES . Q. You live now with Mrs. Sands? A. Yes—I have been there seven weeks on Thursday—Mr. Miers refused to give me a character on account of the breakages, and the state I left the house in—that was all he said—I told him mistress had promised me a character the last night I was with her, and I should send to him for one—that was every thing that was said—that was when I asked for a charac ter—I had never been charged with any dishonesty while I was there—not about a pair of stockings—there was a mistake about that—they were given to me to mend, and mistress went into a passion one Sunday because I had not taken them up—they were legs of stockings to join to the feet—because I had not taken them up in time, she said I wished to keep then—mistress made the mistake—I did not put them on, nor wear them—they were found in the kitchen drawer—that was not mentioned at all when I asked about the character—there was no mistake about any gown sleeves—nothing occurred about any gown sleeves while I was there—I lived with Mr. Reeves, of North-street, before I went to Mr. Miers—Mrs. Sands, my present employer, took me without a character, but she went to my house, and to persons who have known me from a child.

Q. As near as you can recollect, How long after you had been in Mr. Miers's service was it that you heard him say what you have stated?— A. About four months—I went in May, and it was in September, I think—he was complaining to his wife of the badness of trade—they were in the parlour behind the shop—I was passing out with the supper things—I was on the steps of the door at the time I heard it—there were two steps inside the door, and I was on the inner step, within the door—he said, "It is a very bad night, there is nothing done at all"—he complained of the bad ness of trade in his business—he meant at the house in High-street—he said trade had been very bad that night—it was Saturday night, which was a time there was generally more trade—he did not say that, but it was always prepared for as such—the room was not so large as this enclosure ( the Counsels table .)

Q. Are you quite certain having heard him mention the word "trade"

once—he did not say he wished there was a trade in the house? A. I fully understood him a train in the house—to the fullest of my understand ing it was "train"—I cannot swear that I might not have been mistaken in the letter—the observation occurred to my mind immediately I heard the house was burnt down—I had not mentioned it to any one before, but then I did—I first mentioned it the very morning after the fire—I had not men tioned it to anybody before, to the best of my recollection—I was at home then, in Hereford-street—I had not mentioned it to any but my own family up to the time of the fire—I will not be sure, but I think I repeated it at a baker's shop, at the corner of our street, on the Sunday after the fire—I do not think I repeated it to anybody before the fire—I am thinking now—I cannot recollect that I did—I did not mention it to any one connected with this prosecution, that I know of.

Q. How were you found out as having heard this? A. Mr. Campbell was told it from another person, Mr. Kinghorn, where I have lived since my father and mother have been dead—my mother has been dead nearly five years, and I have lived there when I have been out of services—I think I mentioned it to the person I call my mother (Mrs. Kinghorn) before that time—I was talking to her of the fire—it came fresh to me when I heard of the fire—I have said it came to my mind on hearing of the fire, but I have thought on it now, and I think I mentioned it before the fire oc curred—Mr. Campbell came to me on the Friday, as I had been to my si tuation on the Thursday.

MR. KELLY . Q. You have been asked whether yon were ever charged with dishonesty: was there ever any ground for charging you with disho nesty at any time? A. No, not at any time; if there had, there would have been advantage taken of it—I am in highly respectable service now with the sister of Mr. Robins, the auctioneer.

Q. Was the observation you heard accompanied by any expression which impressed it on your recollection? A. Yes, it was a seeming wish that they had not been in the house, or that they could do away with it—I was coming in and out, and was going out at the door, and did not get the whole sentence together, but I heard him say he had had a very bad night, and he d—d the house, and wished there was a train there.

WILLIAM HOPKINS HOLYLAND . I am in the house of Pawson and Co., warehousemen and wholesale dealers. They supplied goods to some extent to Mr. Miers in Oxford-street—it was done under a guarantee—the goods were all paid for on the 4th of March, 1837, and the guarantee was with drawn on the 7th—they did not supply any goods after that—they were never asked.

JAMES BAILEY . I am one of the firm of Bailey and Milner, in St. Paul's-churchyard—we are linen-drapers and haberdashers. I have examined the contents of the six parcels which are here—they are such as would belong to a retail linen-draper or haberdasher—I find marks on them with respect to the cost price—the prisoner's marks have been furnished to me—I find by these marks that the cost price is 63 l .—that excepts the Bi ble and Prayer Book—I have put the coral at 11 l .—it is included in the 63 l .—the part valued by me would not exceed 5 l .—I value that by my own judgment—the rest is valued by the marks—they are not articles of a superior description, such as would belong to a linen-draper in a large way—they we very much out of condition—some of them are very much soiled and damaged—I should say they appear to be like the remains of a stock—

the original cost of them might be 63 l ., but not in their present state, or at the present market price—they are soiled, and very much reduced in value—there are remnants of various articles.

Cross-examined by MR. PAYNE . Q. How much should you take of the value of the 63 l .? A. Fifty per cent.—some of them are not remnants—some of them are very good—I would take off fifty per cent, and then I would not have them.

ROBERT STOREY . I belong to the fire brigade. I was at the fire on the night of the 20th of January—when I arrived, the house was all on fire from top to bottom—I could not get in—nothing at all could be saved—I was employed to examine the ruins—I found the remnants of a watch—it looked like a silver watch to me, and a chain and seals—there is a little lion on the seal, and a key—it was damaged by the fire—it was not melted, only burnt—I gave it to Mr. Toplis—I did not find any gold watch—I have been used for twenty-two years to inspect the ruins of houses and property burnt—an article like a gold watch would always be capable of being seen after a fire, and being identified—there would be the remains of it, to see what it was—I did not find the remains of any silver spoons or forks—there was a half-crown, a shilling, and some coppers, but no remains of any plate whatever—we should have found the remains of silver spoons if they had been there—we found some remains of linen and linen-draper's goods, but no great deal—if there had been any considerable quantity of woollens or linen, some remnants of them would be found—we did find the remnants of some, but very few—we found the remnants of flannels and linen sheetings—we found the remnants of some linen and sheeting in pieces, but not many—there might be three or four bushel baskets full altogether—that was all we found—I mean that was the quantity found of what would have been in pieces which we got out of the ruins—Staples went over the premises with me.

Cross-examined by MR. PHILLIPS . Q. Was the fire in progress when you were called in? A. I was called about twenty-five minutes before one o'clock—the fire was in full play when I arrived with the engine—I sup pose we were at work at it above half an hour before we stopped the progress of the fire—the house was totally burnt—we saved the next house—it was a fierce fire—it was all in a body of fire together—there was a barricade of palings put round the house, to secure the ruins, two or three days after the fire—I remained on the ruins till the palings were put up—we all staid there night and day—I have put down in my book what firemen were there—Staples is here, but none of the rest—there were seven altogether, five in the day-time, and two in the night.

Q. Pray, would not you expect in a fire of that kind, so fierce as you have described, that every thing would be reduced to ashes? A. Not plate nor copper—I was never examined here before—we found a few remnants of woollen things—there would be some of the fragments left if there had been things there—the fire would not reduce every thing to ashes—large rolls of flannel would not be reduced to ashes—Irish linen, if it was in a roll, would not be burnt to ashes—there would be the remains of it, and there is some on the rollers now—I should expect to find some remains of twenty or thirty yards of calico—I should not expect to find much remains if it was loose—I should not expect to find any remains if it was loose—I should not expect to find any great deal of loose calico—if on rollers we should find some—I cannot say whether we should find enough, if loose, to show us the pattern—if loose, I cannot say whether I should expect to

find any remains—if there was a great fire I should not find much, but some—I found a few steel busks, which go in stays, and a few bits of whalebone—I did not give Mr. Toplis all I found—they are under lock and key.

Q. If there was any glass would it not be entirely fused by the heat of the fire? A. It would be a very heavy fire indeed to make glass so that we should not detect it through a sieve—there was not fire enough to run glass, so that we could not find it in running it through a sieve—it was not enough to melt glass, because it was so soon out—the house was on fire, but there was not heat enough to melt glass or plate—one house was burned, and another damaged.

GEORGE RICHARD STAPLES . I belong to the fire brigade. I was em ployed with Storey in sifting the ruins of the fire—the first day I was there we turned it over with a shovel, before we used the sieve—we found the apparent remains of the stock of a shop—I should think the day I was there we did not find more than a bushel basket of remains—I have been engaged with fires since 1825—we generally find the greater part of such goods as are packed close like Irish linen—after we had gone over the ruins I began sifting, and found a seal and a lion I think on the ring with the seal, and a shilling was found and part of a silver pencil-case—we found the half-crowns the first day, along with the silver watch—we did not find any gold watch—these articles are what I found—here is a spoon—I cannot say whether it is silver—I did not examine it—I do not think it is sil ver.

Cross-examined by MR. PHILLIPS . Q. Is it because you did not examine it that you do not think it is silver? A. I did not think it was from the first appearance—I had no charge of the property—I dare say there were four firemen on the ruins sifting—there were not five the day—I was there—I cannot say How many days the sifting continued—I was only there one day, Tuesday, the 13th of February—the sifting began a few days before I was there—there were three firemen besides myself.

EDWARD TURNER . I am a police-sergeant. I was on duty in the Fulham-road about three o'clock on Sunday morning, the 4th of February—I was in the road leading from Fulham to Hammersmith, and met the prisoner with a bun dle Tinder his arm—he was going in the direction of Hammersmith, walking, and alone—in consequence of something which occurred to me at the time, I spoke to him, and asked what he had under his arm in the bundle—he stated that he had a coat and trowsers—I asked him if they were his own—he said, "Yes"—I asked where he was going—he said he was going to Hammersmith to some cousins, and was coming from Mr. Car ter's, a linen draper at Wandsworth, that he lived there—I told him he most go with me to Wands worth—I took him back, and on the road I thought I heard money rattling in his pocket—I told him to take his hand out of his pocket till we got to the station-house; and when we got there I searched his pocket, and found a£10 and a£5 Bank of England note, eighteen sovereigns, seven half sovereigns, and 6 s . in silver—they were loose in his pocket, not in any thing—when I first heard them they appeared to be running out of a cigar-box which he had in his pocket—I heard them running out—there was a cigar-box in his pocket, a memoran dum-book, and some other articles, of which my inspector, Mr. Busain, who was present, took some notes—he was asked his name, and also what he was—he asked me to go with him to the Edgeware-road, to some friend

of his, named Genna—the inspector would not allow me to do that, but said he would allow him to forward a letter—he then mentioned the name of another friend, Mr. Thomas Miers, of Whitechapel-road, and be was allowed to write a letter, by allowing the inspector to look at it before I had it, and that letter I took—he signed his name to the letter as John Martin—(he did not say where he lived—no address was given more than what I saw in the account-book which was in his pocket)—it was the inspector sent me to Mr. Miers, in Whitechapel-road—the inspector took a copy of the letter at the station—I do not remember that the prisoner said any thing further it that time—I got to Whitechapel-road between nine and half-post ten o'clock in the rooming, as near as I can tell—Mr. Thomas Miers was out, but he returned in half an hour—I saw him before eleven o'clock—I delivered him the letter, and he followed me to Wands worth and saw the prisoner, and identified him as being his brother—what passed afterwards was with the inspector—I did not know the prisoner's name was Miers before his brother came.

Cross-examined by MR. PHILLIPS . Q. You first learnt that by the letter which he gave you to his brother? A. I first learnt his name to he Miers by his brother—I found the brother in consequence of the letter, and through him found out the prisoner's name—he came to the station-house to his brother—there was a gentleman along with him, and, to the best of my belief, that is the gentleman ( the prisoner's attorney .)

Q. Were you present at any conversation that took place at the time be tween the prisoner, his brother, and this gentleman? A. Nothing parti cular—it was inside the office, and I was standing outside—whatever con versation took place, my inspector will state—there was some conversation took place, and it was stated to the inspector by this gentleman or the bro ther, that the prisoner had left his home in consequence of a quarrel with his wife that night.

MR. KELLY . Q. Did this take place in the course of the conversation which arose when the prisoner's brother went to the station-house at Wandsworth? A. Yes—the inspector attended to it more than I did.

JOHN BUSAIN . I am inspector of the police, which in February last was stationed at Wandsworth—I remember the Sunday morning, the 4th of February, police-sergeant Turner coming to the station-house with the prisoner about four o'clock—he was presented to me by the sergeant for having in his possession a bundle of clothes, which he refused to give a satisfactory account of—in consequence of that statement I felt it my duty to put some questions to the prisoner—I asked him first How he became possessed of the clothes—he said they were his own—I asked him what was his for being out at so late an hour—the sergeant had given an account of the conversation he had with him—he said he was going to see, I believe, a sister, or friend, a relation at Hammersmith—I then asked him his name—he told me hit name was John Martin—I asked him where he lived, he said with Mr. Genna, 36 Edgeware-road—I was surprised that the sergeant had brought him from the Middlesex side to me, as he belonged to Chelsea station, and asked him why he brought him to me—he said because he had referred to a linen-draper who knew him at Wandsworth (the Bee-hive) who he had for merly lived with, a Mr. Carter, and therefore he thought it necessary to bring him over to me, that if the reference was correct, he might go about his business—I told the prisoner I was not satisfied with the account, and his being out at that hour, and wished to know what other property ha had about him—he put his hand into his coat pocket, and took out a lot of gold,

sovereigns and half sovereigns—it was a kind of frock coat he had on—the packets were at the side, not in the skirt—he produced a cigar-case with the end of it knocked out, and in that was a£10 note and a£5 note—the gold was loose in his pocket—there were eighteen sovereigns and seven half-soverereigns—there was a memorandum book—I have not got it here, it is given up to his brother—on examining the memorandum book I saw the name of Mr. Miers—it appeared a journal, such as commercial travel ers would have—when I saw the name of Miers I asked him who this Mr. Miers was—he said it was a person for whom he was, or had been in the habit of doing business—he did not tell me it was his brother—I told him I was not satisfied on the subject, and wished to know where this Mr. Miers lived, it appearing to be by the journal an account current entering into the present year—he told me Mr. Miers lived at 34, Whitechapel—he re quested pen, ink, and paper of me, that he might write, as I said I should said to Mr. Miers—I furnished him with pen, ink, and paper, and took a copy of the letter which he wrote—I saw him write it—he did not at that time tell me that Mr. Miers was his brother—I had no idea that he was his brother till came to the station-house—he signed the name of John Mar tin—after the letter was written, I directed the police-sergeant to take it to Mr. Miers, and between eleven and twelve o'clock that morning Mr. Miers came to the station-house with that gentleman—the gentleman did not tell me he was an attorney—Mr. Miers said the prisoner was his bro ther, and claimed the money as his property, and the book also.

Q. Up to the time Mr. Miers came and said he was his brother, and claimed the money and book, had you any reason to believe the prisoner was related to him, or that he was his brother? A. Not in the least—the attorney did not explain the reason why he gave the name of Martin—Mr. Miers explained it, saying he was his brother, and was very much obliged to the police for detaining him, because he had Left home in consequence of family quarrel, and he was afraid he would have committed suicide—Mr. lervis, the attorney, was present at that statement—he did not contradict it or confirm it—he passed no remark—the prisoner was exceedingly agi tated during the time—neither the prisoner, his brother, or the attorney said say thing about his having had a fire at his house, or any thing of the kind.

( This closed the case for the Prosecution . MR. PHILLIPS addressed the Jury on the prisoner's behalf, and the following witnesses ware called for the Defence .)

WILLIAM MIDGLEY .—I commenced living as shopman with the prisoner, Mr. Miers, at the latter send of September, or beginning of October, 1835 the carried on business at that time at 184 Oxford-street—I continued with him till he removed into High-street, and continued in High-street till the 16th of May last—he finished removing from—Oxford-street to high-street on the 25th of March, 1837—I assisted him to remove the goods.

Q. In your estimation, what was the value of the stock he removed from Oxford-street to High-street? A. I should think it was upwards of from 800 l . to 3000 l .—I cannot say exactly, and it continued at about the same amount till I left—we kept buying goods as we sold them—I expressed the prisoner my intention of setting up business myself as a linen-paper in Crawford-street, and I bought some things of him in King-street, Legent-street—they were coffee-house fixtures and furniture—he wished

to let the house in King-street, and wished to get rid of it, as it did not ex actly answer his purpose—I bought the furniture to put into my house in Crawford-street—I was to pay 60 l . for them—I married Miss Maria York, a sister of Mr. Miers's wife—he did not know we were married at the time I bought the fixtures of him—she was managing the coffee-shop at the time I married her—I had an idea of having a bill of exchange got, before I bought the fixtures, from an uncle of mine, of the name of Bowler—I afterwards obtained it—Mr. Miers furnished me with goods to the amount of between 50 l . and 60 l . for the purpose of stocking my shop in Crawford-street and while the shop was being fitted up he lent me between 20 l . and 30 l ., making altogether between 80 l . and 90 l ., besides the 60 l . worth of furniture—when I obtained my uncle's acceptance, I took the bill to Mr. Miers as I had promised him—I gave it to him according to pre vious promise—it was for 410 l .—it was drawn by me, and accepted by my uncle—I delivered it to Mr. Miers for the payment of the goods I had, the money lent, and the coffee-house fixtures—it was as security—he was to pay me over the difference when the bill was paid—it had a month to run—if it was paid at the end of the month he was to give me the difference.

Q. Having possession of that bill, did you make any purchases of Walters and Co., wholesale warehousemen in Wood-street, Cheapside? A. Yes, to the amount of between 140 l . or 150 l ., and I bought, at different houses, other goods, to the amount of about 50 l ., for the purpose of stocking my shop in Crawford-street, to open it—I expended about 30 l . in fitting up the shop—the bill became due before I could get the shop ready to open, or rather the same day that I was to open, the 27th of June—it was not paid—the money I expected to receive on that bill was the only means I had of carrying on the business, and opening the shop, or paying for the goods I had purchased of tradesmen, or of Miers—when the bill became due, Miers came to me, and asked what he was to do—I advised him to go to the ac ceptor, Bowler, and I went with him—he lived at No. 38, Pickering-place Bayswater—I was not alarmed, as I expected he had not the money then, but would pay it in a few days—he did not pay it when we went to him—he offered to give Miers 200 l ., and his acceptance for 210 l ., Payable at another month or. two months, whichever they liked to agree to—Miers would not accept that, and told him he should bring an action against him for the full amount, unless it was paid—Miers paid it after that to his brother, Thomas Miers.

COURT . Q. What, endorsed it over to him? A. Yes, after it was over due.

MR. PAYNE . Q. Did Miers eventually recover the bill or not? A. No, it remains unpaid still—an action was brought on it, and the verdict was for the defendant—the action was brought by Thomas Miers, but the ar rangement was made between Miers and myself—the bill was taken to Jennings and Turner, Whitechapel-road, and they arrested him for it—the prisoner and I arranged that I was to give him back all the goods I had of him—then there was an agreement drawn up by Mr. Turner.

WILLIAM HENRY TURNER . I am a partner in the firm of Jennings and Turner, solicitors, Whitechapel-road—I have not any agreement, or any document here between Mr. Miers and Mr. Midgley—I drew up a paper, which was taken away immediately after I had drawn it, either by Midgley or by Robert Miers—I think they were both together—it was on the 9th of

August—I have never seen that draft since, but I saw the fair copy of it after it had been signed by Midgley—I taw it in the possession of the pri soner.

COURT to WILLIAM MIDGLEY . Q. Have you got that? A. No, I have not—the only time I saw it was when it was signed—I believe Mr. Genna Witnessed it—the prisoner got possession of it, and it remained in his pos session up to the time of the fire, for aught I know.

WILLIAM HENRY TURNER ( continued .) I recollect what the purport of the agreement was perfectly—the date of it must have been a few days after the 9th of August—it was very shortly after I had drawn it—I have not got a copy of it—I drew it roughly on a memorandum, while the parties were in my office—and that rough draft which I so drew I handed over to one of them, and they took it away—I afterwards saw a fair copy which had been signed, and read it—there was a blank left in it for some words—I am able to tell the substance of the contents of that fair copy.

MR. KELLY . Q. Before you do so I will ask you a question or two; I understand you, the agreement that was signed between these parties was prepared about the 9th of August? A. That was when the rough draft was prepared—that rough draft was not signed—it was delivered to me or other of them, and I never saw it again—it was not signed in my presence—it was about a week or ten days after, I should think, that I saw the fair copy—that was in the possession of Robert Miers—it re mained in his possession after I had seen it—that fair copy was signed by Midgley and Robert Miers—I think it was signed by both—it certainly was signed by Midgley, and it was witnessed—I do not remember the same of the person who witnessed it—it was certainly signed by Midgley, and I believe by both.

Q. Now I wish you to be accurate about it; have you a sufficient re collection of the contents of that instrument which was signed, and which you call a fair copy, so as to state its contents? A. I can state its general contents, I think, accurately—its general purport—I have no doubt I can late that accurately—I think I can state substantially the whole effect of it.

MR. PAYNE . Q. Then, now state the substance of the agreement. A. The substance of the agreement was to this effect: That Thomas Miers was to be plaintiff in an action on a bill of exchange—I am not sure whether it was before the action was brought—I can tell by reference to my book—I have got the proceedings of the action—( referring to a me morandum )—it was after the action had been commenced, just after the writ was issued—the substance of the agreement was to this effect, that certain goods belonging to Midgley were to be deposited with Robert Miers, which goods, I believe, were specified in an inventory by way of schedule, and Robert Miers was to have the power of disposing of those goods; if so disposed, to convert them into cash, and the proceeds were to form an indemnity against the costs of the action brought by Thomas Miers against Bowler, the defendant in the action—I think the goods were valued in the agreement at 147 l .—it was the ascertained value.

WILLIAM MIDGLEY re-examined . The goods mentioned in that agree ment were removed to Isleworth previous to the agreement being signed—they were removed from Crawford-street to Isleworth, and at Isleworth the value was a scertained by Mr. Genna, of No. 36, Edgware-road.

Q. Was any arrangement made between you and Robert Miers re specting any goods not mentioned in that agreement? A. Yes—that was

just before the agreement was made—he was to have all his own good back with the exception of about 12 l . worth, that I had sold to a Mrs. Ashley and some others—the goods in the agreement were confined to what I had purchased of Walters, and elsewhere, but there was about 20 l . worth which did not go back to him—there were fixtures which I had sent to Green sale-room in Edgeware-road—Bartlett was the auctioneer—Miers received the money for those goods with my consent—they were fixture which had been removed frail the coffee-shop to Crawford-street, which I had agree to pay 60 l . for.

Q. Did Miers consent to take his portion of the goods back which re sent him, and the amount of the fixtures, in payment of the whole amount you owed him, except the costs of the action? A. When he had the good back be had been paid all except what I had pawned, and the 12 l . worth—it was all arranged between us except the costs, and we cried " quits" —I had an interview with him on the subject of the costs, in White crown-street prison, on the 19th of January—I asked if he had ascertained from Jennings and Turner the amount of costs, because I wanted to have my good back—I wanted the difference paid over to me between the amount of costs and the value of the goods—he said Jennings and Turner told him it was about 100 l .—I asked if he would give me 50 l . for the. difference which I thought would satisfy me, with what I had had before, because he had pawned something for me while I was in prison—I bad received money from him before—I wrote him a letter that day—this is it—(looking at one)—I wrote it on the day it bears date—at that time he was in possession the goods deposited as security—I had not received them back—I never had them, nor the value, except the sum he advanced me, which was 10 l . or 11 l .—I intended to take the benefit of the Insolvent Act at one time but my friends did not wish it; therefore I came out—I went in intending to take it, as I had no money to pay my creditors—I wad very badly in wast of money at the time I wrote that letter—as he had said he would not give the 50 l ., I wished him to leave the goods at a coffee-shop—he said he had no objection to give me the goods, but the money he would not give me—I wanted the money to pay the prison fees, and wrote this letter—( read .)

"White Cross-street, Jan . 19 th , 1838.

DEAE SIR ,—You said yourself this morning, that the lawyer said the expenses would not be more than 100 l . and the 1 l . you brought for my ticking pawned to-day, is all gone. You will remember the goods valued to you is 180 l ., and all I have received of you for goods pawned for me, since I have been here is but 10 l . or 11 l ., and the lawyer has the best part of that. I want you to send me by bearer 18 s . to pay my prison fees, and do not disappoint. You will recollect for you are out of prison, but I am in and feel it. I shall expect that you will be as good as your word, and send me the things to the Coffee-shop, near Oxford-market, that I told you of this day, certain, and pack them in small lots, so that I can get them away as I want them; and let them be such as I can raffle for. If you will leave them soon enough, I think I can sell some, and pay Sidney by Monday, and get out, and if I do, I shall have a bed there, and shall send for you; and if I don't, I shall take the benefit, as there will be only but 2/. more to pay the lawyer, to finish it. You know what I said to you about Maria, and get Ellen to let me have as many little things as she can spare. Yours truly, WM. MIDGLEY ."

Q. Who is Sidney mentioned in that latter? A. He is the plaintiff's attorney, whose debt I was in for—Ellen is my wife's sister, Mrs. R. Miers—Maria is Mill M. York—my wife was in the family way at the time, and I wanted some baby-linen—that is what I allude to about Ellen—then I wrote that letter I expected soon to get out, the lawyer had been down to me two or three times—I asked one of the turnkeys to get a mes genger to deliver the letter for me—and I received the 18 s . in answer to the letter, from the same turnkey.

Q. After you wrote that letter, did you expect the goods, would be sent to the coffee-shop mentioned in it? A. I did—I was not able to arrange with Sidney as I expected, and that prevented my going to the coffee-shop to see if the goods were there—I saw Miers again about the. 31st of Janu ary—he came in consequence of a note I sent him—this is it ( looking at it—read )—("To Mr. Robert Miers, Ingram-court—If you can spare time I wish to see you this afternoon, as I have seen Mr. Sidney to-day, and have something to say to you. Yours, W. IDGLEY , White cross-street, 31st January, 1837.")—I intended the date for 1838—Miers came to me and told me he had since called on Jennings and Turner, who told him the ex penses Would be 200 l ., and he could not let me hare the goods he had left at the coffee-shop, and he was going to fetch them away—then it turned But that He had left them at the wrong coffee-shop, and He said he should go and fetch them away—by "the coffee-shop, near Oxford-market" in my letter, I alluded to Clutterbuck's, which is twelve or fourteen doors from Oxford-market—I do not know the name of the street, but it leads out of Regent-street, and out of Oxford-street, and into Oxford-market—I have been there—Clutterbuck was not acquainted with me, but he knew me to be frequently at his house—I was present at the valuation of the goods at the shop at Isleworth, by Genna—I occasionally served in that shop; and Ann York did—the value of the stock there was 250 l . or from that to 300 l .—when I went to the shop first, Mr. Miers's name was put up—I do not know exactly when I first went there, it was some time in August—after that the name of Ann York was up—that was about three weeks or a month after, or may be not quite so long—she had just arrived from Lancashire—she managed the business—the stock was from 250 l . to 300 l .—cannot tell to 30 l . or 40 l .—I left Crawford-street three or four days after the bill became due and was dishonoured, which was on the 27th—I never opened the shop—I declined opening it the day the bill became due—I knew I could pot open it when I had got no money—it was about the latter end of June or beginning of July—I then went into Mr. Miers's employment—I continued with him at Isleworth and High-street, till about October, sometimes at Isleworth, and sometimes at High-street—I left him in October, because I was afraid of being arrested by my City Creditors—the persons of whom I had purchased goods—I resided in the Westminster-road from that time up to December—the prisoner told me of his taking the shop in Old Kent-road, at the latter end of November, or be ginning of December—my wife was to manage that shop—About the 18th or 19th of December, he called on me where I was then lodging, in the Westminster-road—I was then out of employment—I mentioned to him that I wanted a situation, for I had no friends nor money, and he suggested my coming back to live with him again, and I went, on the 23rd of Decem ber, to his shop in High-street.

Q. Do you remember on any Sunday packing any goods? A. I do, the

day before Christmas-day—I assisted the prisoner in packing them at his shop—there was not more than 100 l . or 110 l . worth—not much more—I cannot exactly tell the amount—they were to go to Surrey-place Kent-road—he made no secret at all about it—I afterwards, by hit directions, packed up some other goods, for the same place—there was not more then 40 l . worth, or there might be 50 l .—the goods packed up then, and on the Sunday, did not come to so much as 200 l .—the goods were packed on the Sunday, because we had been very busy during the week, and had not time to do it—I continued in Mr. Miers's employ till about the 9th of January—I was then taken in execution to Whitecross-street—I was taken early in the morning, as I was cleaning the windows.

Q. Can you tell, while you were in his employ in High-street, what was, in your opinion, the average amount of stock on the premises? A.

From 2800 l . to 30000 l .—it was full that amount—we always continued at the same amount as when in Oxford-street—at the time I was taken away to Whitecross-street, these things had been sent away, and the things, to Isleworth—I should think the stock then was about 2300 l . or 2400 l .—it was more than 2000 l .—I cannot ascertain nearer than that—I speak from my general practice—I have been seven or eight yean all trade.

Cross-examined by MR. KELLY . Q. How old are you? A. Twenty next birthday—the 11th of February is my birthday—I am just past nineteen—when I was about to commence business in Crawford-street was eighteen years and six months old—I took the house—I was to pay fifty guineas a year rent—I married in February, the same month in which I became eighteen years of age—I never opened my shop—I was taken into custody by Marriott, the Bow-street officer, on the lit of July—no, I beg your pardon, I know what you are inquiring about—it was on the 1st of July I hired the horse and chaise—I was at Newport Pagnell that day—I beg pardon for making a mistake before—I hired a horse and chaise to go five miles into the neighbourhood—I can give you a reason why I did it—I drove to London—I had some money in my pocket when I left Newport Pagnell, but not above 5 s . 6 s .—I left my snuff-box at one of the toll-gates, instead of paying the toll, as I had not sufficient money to take me there—I will explain it, as it may have a very differ ent effect—I left the cushion of the gig at another toll-bar for the same reason, and I left the box at a third for the same reason—I started from Newport Pagnell on Saturday afternoon, about four or five o'clock, and was in London at five o'clock in the morning, or between five and six o'clock—I did not look at the clock to see—the distance is fifty-two miles—I gave the name of Gardener—I can give you a reason for that—that was the only time I passed by that name—it is stated in that bill you have got there.

Q. Were you aware that hand-bills were out offering 5 l . reward? A. Not till the officer came to my house and took me—he showed me the bill then—( looking at a bill )—this is the same bill, at least a of it.

Q. Well now, were you, after the lapse of some eight or ten days, ap prehended on a charge of horse-stealing? A. No—it was not so long as ten days, nor a week—it was on Tuesday night they came to me, and on Saturday I had the horse and gig, and was just going back when they took me—I had the money in my pocket then—they pretended to make the charge—I was taken to Bow-street, before Mr. Minshull—he discharged me—I was remanded for about two hours, because Mr. Minsshull began to

tell me I brought the horse away on a false intent—I was saucy to him, and told him I had not, and he threatened to remand me for a week, but turned out different, he only remanded me for two hours. Q. Pray, did you send for Mr. Miers, the prisoner? A. Mr. Miers came down to me without being sent for—he knew where I was gone—somebody went and told him—I never sent for him—after the two hours I was taken again before the Magistrate, and he gave me a lecture, I said; nothing at all, and he discharged me—there was no talk about sending me to Hertford goal for stealing the box—Mr. Minshull told me I was liable, if the Magistrate of the County liked to send me—I cannot tell whether it was in the County of Hertford that I left the box—I did not escape by getting. Mr. Miers to satisfy the owner—he gave him some money of mine—I was not committed to Hertford or any where—the owner had his box, but not any thing else, and I paid for it—I was going back on the Tuesday that I was apprehended—I am quite sure it was the Tuesday, as I hired the horse and gig on the Saturday.

Q. did you say when yon hired the horse and gig in the name of Gardener that you were going to one Lines in the neighbourhood? A. I did—I went down into the country to try to get money to go on with the action without borrowing money—I went to Richard Gardener to ask him to lend me money—I had sufficient money to take me down, and when I got there he would not lend me any money—no, I beg pardon, I did not go to him then—I went to Newport Pagnell—I found it was too far to go, to Lines, and went there—he could not lend me any money, only a few shillings—I intended to go to London, and then take the horse and chaise back—when I got there the horse was so knocked up I could not take it back, because it was rather an old horse—I meant to come to Lon don to get the money to pay for the horse—I have no other explanation to offer—I know a person named Bartlett—I did not get him to sell a carpet belonging to Miers, and receive the money as mine—he sold a carpet—itwas not mine—I received the money.

Q. Did you ask him not to mention it to Miers? A. Not at the time I received the money—after the goods were sent to Bartlett to be sold, Miers began to complain about what I owed him—it was before the arrange ment was made—I had received 2 l . 10 s .—Miers said I owed him money—he wanted me to give the goods up to him, which I did—I directly went to Bartlett not to tell him I had received the money, as he asked me if I had received it, and I had told him I had not, although I had—I told Miers a falseoood, and told Bartlett not to reveal it—Bowler, who accepted the bill, is my uncle—he did not owe me money, but he promised to lend me some—when I went to ask him, he told me he had not got it about him—I then asked him to give me a bill for 410 l ., which he did. Q. How came the amount to be 410 l .? A. I had borrowed 18 l . of him—he asked me to give him some of it—I could not, as I wanted to pay for my stock, which was 400 l .—I could not give him 10 l . which he wanted—I told him I could not, unless he put it in the bill, and I would go and bor row it of my brother-in-law—he said, very well, I might get the 10 l .—I went back and told him I could not get the 10 l ., as my brother-in-law was out, and I never did give him the 10 l .—the bill was to be for 410 l ., and I was to pay him 10 l ., which I was to borrow—I do not know where the bill is—it is lost—the verdict was for the defendant, and I have never been troubled about the bill—the money is lost, but the bill is in the Court of Queen's Bench, I believe.

Q. Did not your uncle resist the payment of that bill, on the ground that it was a forgery, that it had been drawn and accepted for 10 l . only, and altered to 400 l .? Q. That was his plea, but it was merely to get off the payment—he never mentioned a word about forgery—the defence was, that it had been altered from 10 to 410—the Jury found a verdict for the defendant—I saw the bill when I swore an affidavit here some month be fore the trial.

Q. On your oath, was there not an alteration on that bill that anybody could see with an eye glass? A. There was an alteration thus far, that behind it was my name and Robert Miers, and June 27, the day it because due—that was all the alteration—I was to have that bill instead of money—I was not examined on the trial—I believe if I had, the verdict would have been for the plaintiff—I suppose they thought they bad proof suffi cient without me—I was in Basinghall-street at the time, at a public-house, waiting to hear the decision—I believe the prisoner was subpoenaed by the de fendant—I do not know whether he was called—I never asked him—Thomas Miers was the plaintiff in the action—I never made any agreement about that—I paid the bill to Robert Miers—I was subpoenaed for the plaintiff, and ready to be called—nobody but the attorney knew where I was—I had lived at West Ham for a few days before the trial—I was to be found—I was in London streets every day—I was in London on the Saturday night as the trial was to come on on the 24th of November—it came on very early in December.

Q. When you heard the verdict was for the defendant, where did you pass the next ten days of your life? A. In Westminster-road—people told me there was an officer looking for me on a charge of forgery, but I did not believe it—I was told one night, when I went home to Crawford-street, that there was an officer waiting for me—Mrs. Ashley wished me to go down the area steps, but I would go out at the door—I had sold her some of the goods.

Q. Since the verdict you have taken no further trouble about this large sum of 410 l .? A. I have heard a new trial was applied for, and I believe a Mr. Kelly applied for it, and that it was lost—I never went to the house in Surrey-road while it was open as a shop—I was there on the 24th if last month—the name of Clark over the door was intended for my wife—she took that name, because it would be foolish to open in why name when I was in Whitecrow-street—that was the principal reason why my name was not over the door—I was not in Whitecross-street at the time, but I expected to go every day—my wife took it, and began in the name of Clark—that is the fact, there is no secret at all about it.

Q. When was it the prisoner saw you in Whitecross-street, before that letter was written? A. On the 19th of January, I desired him to send the property to the coffee-shop—I did not say Mr. Clutterbuck's.

Q. You say in the letter, "be as good as your word, and send me the things to the coffee-shop, near Oxford-market, that I told you of to-day;" you had seen him before? A. Yes, and told him the coffee-shop near Oxford-market—I did not tell him any name—he asked me what street it was in—I told him I did not know—I did not know there was such a number of coffee-shops near the market, or I might have been more parti cular—he was not to tell them my name—that would be of no use.

Q. How were you to get them? A. I should have gone and asked if the things had been left there for me—they knew me, and where I lived,

at Clutterbuck's—Miers was to have left his name, or say a young man would call for them who comes for me—the property was to be in small pareeln—50 l . or 60 l . worth of property, done up in small parcels—I in dended to take one away at a time, and sell them.

Q. Were they all to be left at the same coffee-shop, or at different names? A. He was to leave them where he liked—at least at the coffee-shop nearly opposite Oxford-market, which is Clutterbuck's—I made a mistake saying he was to leave them where he liked—he was to leave them at his one coffee-shop—he had pawned some ticking to raise 1 l . for me—I eletive it was a day or two before the 19th, if not that day—he brought the money that day—he had pawned other articles for me to the amount of 10 l . or 11 l . in different pledges—I never looked at the tickets—he brought he the money while I was in prison—those articles have been redeemed—I have the tickets up to Mr. Jervis, Miers's attorney—Miers gave him some, and I gave him some that I had pawned before—I pawned some in Au qust—I was taken in execution for about fifteen guineas, expenses and all—he original debt was five guineas, which I had owed to a tailor for not more then three or four months—the action was commenced in August or Sep tember—I had the clothes in May or June—I was served with a copy of a print in July, I believe—I heard no more of it, and was taken in execution on January—I remained in prison from the 9th of January till about the 10th of February—my friends wished me to get out, and Mr. Jervis arranged it, I believe—I do not know how—by my friends I mean my relations—the Gardeners wished me to come out—none of them wished me to stop here—I have not been in prison since—if I could not have got out I must have taken the benefit of the Insolvent Act—I took steps to do so—my debts and liabilities amounted to about 878 l ., including the£410 bill which I had endorsed to Thomas Miers, and was liable to—if I had had the money, I should have been made to pay it—when I endorsed the bill I owed Robert Miers 60 l . for coffee-house fixtures, 40 l . or 50 l . for shop goods, and between 20 l . and 30 l . money lent—I have paid none of my debts, except the fifteen guineas to the tailor—Miers had the goods back—I am now goring to take a situation—Mr. Jervis has been allowing me money to keep me till this trial, because I was going into the country to take a situation—I have been living in West-square—Mr. Jervis has lent me not above 7 l . or 8 l .—I have not been in the gallery of this Court, nor in the Court, till I tune in just now.

MR. PAYNE . Q. Had you an uncle of the name of Gardener? A. Yes, living at Cranfield, seven or eight miles on the other side Newport Pagnel—he is a clergyman, and was formerly a lawyer—I used his name for the pur pose of getting the chaise lent to me—I had not the slightest intent of making away with it—I left the cushion for the toll—I did not attempt to dispose of the horse or any thing, that the man will tell you where I left it—I went two or three times a day to see about it—the Magistrate said he hoped it would be a warning to me not to do so again, as, if it was in any body's hands but those who knew my friends, perhaps they would have committed me—but he did not believe I did not intend to return the chaise—the bill was on a 6 s . stamp, which is proper for 410 l .—I cannot tell why nobody but the attorney was to know I was at the public-house on the day of the trial—I had heard nothing about a charge of forgery then—I was afraid of being arrested by my City creditors—it was three weeks after the time that I heard an officer was waiting, and desired to go down the area steps—no steps have been taken to prosecute me about that bill.

Q. Was the threat about the forgery after your uncle had promised to pay 200 l ., and give another bill? A. Yes; when we went with the bill be said nothing about forgery—it was when he was arrested—I had on means of supporting myself to come here, only by receiving money from Mr. Jervin.

CHARLES HAYNES . On the 19th of January I was a turnkey of white cross-street prison. Midgley was confined there—about seven o'clock that evening I was called to the gate to get a messenger to send a letter to High-street, Marylebone—I received the letter from Midgley—I think I should know it again—( looking at the letter produced )—I know nothing about the contents—I have no doubt that is the letter—I gave it to Davin a messenger, with instructions to bring me an answer back—he returned about nine o'clock that evening, and was admitted by another officer name Dawson—he gave me a paper containing 18 s ., which I handed over to Midgley—I opened it and counted it first—he had given me 1 s . befpre and 6 d . more when I gave him the 18 s .

WILLIAM HENRY TURNER re-examined . I was the attoney in for action for the bill of exchange—it was in my custody till the trial—it was on a 6 s . stamp—Midgley was in attendance to give evidence—he was and public-house in Basinghall-street—nobody except myself knew where have as I expected the defendant's attorney would have had him taken me custody to prevent his being examined—that was the only reason—he was not called, as my counsel deemed it would be more prudent not to state the circumstances relative to the application made by Midgley, and that we should merely prove the handwriting of the defendant—Mr. Butt and Mr. Keating were the counsel—I at first thought the costs might be about 10 l . or a little more—but I found the defendant's costs were made out to at enormous amount, 236 l ., or about that—I took off about 125 l . in the taxation and brought it to about 110 l . or 111 l ., which made the whole costs about 200 l .—there was a motion for a new trial—I am not aware whether I personally acquainted the prisoner of the increased amound of costs, but he was aware of it by some means, I know.

MR. KELLY . Q. Your costs were nearly 100 l .? A. They have been made out—I speak roughly—I think they would be nearly 100 l .—when I spoke of the costs as 100 l ., I spoke of it at the commencement of the action, and did not know How the thing might go—it was at the commencement of the suit—I thought they would be about 100 l .

Q. Can you take upon yourself to say, that you, at any time after the verdict had been given, told Miers the costs would be only 100 l .? A. I am not quite certain; but I think it most unlikely that I could have made such a statement, because my own costs I could form some opinion of—was in Court during the trial—the defence was forgery by means of altering the bill from 10 to 410—I think Lord Chief Justice Denman inspecter it with a magnifying glass—there was a glass—the bill was impounded by order of the Court—I have not been paid my costs—my client, Mr. Thomas Miers, gave me a cheque for the defendant's costs, and I paid them—mine will be paid—I have only lately delivered a bill for that and other business.

MARIA MIDGLEY . I am the sister of Mr. Miers's wife. I was married to Midgley, in January, 1837—I was then living in King-street, Regent-street, at a coffee-shop—I was placed there by Miers—I afterwards went to live with him, and assist him in his business—I cannot tell the—it was in 1837—I went from King-street to High-street, in May, 1837,

left about the latter end of November, I think—I think we went to Craw ford-street in June—we did not open shop there, because it was not con denientt—I cannot tell the reason why he did not open it, he gave up the shop and fixtures to Mr. Miers—I cannot tell whether he was indebted to Miers at that time—he was afterwards, to what extent I cannot tell—the transactions between them were, to a certain extent, without my knowledge—I have been to Isleworth occasionally, but not to reside there—I was in Surrey-place, Kent-road—when the shop at Isleworth was given up, the stock came to Surrey-place—about 300 l . worth came there. Q. Having been in business some time, can you judge the amount? A. It is from that I speak, and other things were brought from High-street to amount of about 200 l ., according to my judgment, making about 500 l . I believe the shop in Surrey-place was opened on the 16th of January, February—it was February I think—I had the management of it, which is paid for.

Q. When you went to live in High-street, in May, did you form any es timate of the value of the stock at Miers's? A. No, I cannot tell you at all about it—the shop was well stocked, that is all I can say—it continued well stocked down to November—when I left there was a quantity of lace there, a great number of shawls, moreens, and all sorts of linen-drapery—during the time I was there I frequently heard Mr. Miers complain of the escape of gas, and also his lodger in the first-floor, named Smith—I fre quently found the smell offensive—there were seven or eight burners in the shop I think, some in the window, and some in the middle of the shop—those in the window were in a central direction, as well as I can tell, and three at the counter—the pipes were carried through the counter—there was a stall-board crossing the front of the shop in the window—shawls and other articles hang in the window for show—they occasionally remained there during the night—I know the gas-lights were not left burning during the night, while I was there—I cannot tell exactly what quantity of plate Mrs. Miers had—there was some in the house when I left in November—I saw it in use during the time I was there, up to the time of my leaving, and a fortnight after—I went occasionally after I left—Mrs. Miers had a child's coral, and bells.

Q. Was that yours? A. It was given to her by my husband—I have no family—I had a black trunk which I took with me from High-street—it was not sent to me—there was part of my wearing apparel in it—I went away in a coach—I cannot exactly tell when—it was on a Thursday, and I believe the Thursday previous to the shop in Surrey-place being opened on Saturday, which was early in January—there was nothing in it but my wearing apparel—there was no other black trunk in the place while I was there.

Cross-examined by MR. CLARKSON . Q. Where are you living now? A. In East-square, which is in Southward I believe; perhaps yon can tell better than I can—I have given my direction, that is all I can tell—I can not tell where it is.

Q. If you were on London-bridge, which is the way to it? A. lf I was there I could find it, but I cannot tell yon—I have lived there about a month with my husband—it is in North-place, East-square, South wark—the landlord's name is Woodrow—it is a private house—I have one front room on the first-floor—you know the way better than I can tell, and I shan't answer any such questions.

Q. Do you mean when you say you cannot tell, that you will not tell A. I won't tell you—I am twenty-five years old—my maiden name was Maria York, that is the only name I have gone by, besides my present name—I have not gone by any name but my husband's since I have been married—I have gone by the name of Clark, if that is what you mean, he no other name—I was married in February, 1837.

Q. I thought you said just now it was in January? A. Well, per haps I did—it was January or February, I cannot tell exactly which; you did not puzzle me so much I could answer you more straightfotwed—it was in January, I am quite sure, and I will swear it was about the 12th is it essential for me to tell the church—I will not tell you.

Q. Were you married in London or the country? A. I shall not answer that question—I swear I am married—I was married to Midgly of Hanover church, which is in Hanover-square, I believe—it was on the 12th of January, I believe, and by licence—I do not know my husband age exactly when we married—I do not know when his birth-day it. Q. In the month of December last, were you expecting to be confined—( Here the witness quitted the box, and was about to leave the Court .)

COURT . You must come back. Witness . I shall not come back.

COURT . You must—( Witness returned .) Now answer the question—It is very necessary for the purposes of this case— Q. Did you expect to be confined in December? A. Yes.

MR. CLARKSON . Q. Have you been confined since December? A. No—in January last I was living in Surrey-place—I have been in wast of baby-linen—that was previous to my expecting to be confined, of course—I cannot tell you either day nor date—it was later than last month—I con not tell you when it was.

Q. Was it at Christmas last?—When do you expect to be confined? A. I cannot tell, not to speak the truth—I have no idea when I shall to confined, not to a week or a month—I am not acquainted with any of the coffee-shops in the neighbourhood of Oxford-market.

Q. Did you expect to have any baby-linen wrapped up with a new bell and prayer-book, and a child's coral and bells, to be sent to a coffee-shop near Oxford-market? A. I expected them to be sent to me, but did not know where they were to be sent to—( looking at the bible and prayer-bell )—I have seen these before, in High-street—I cannot tell when I saw then last—I do not know Clutterbuck, who keeps a coffee-shop—I never hand my husband speak of him—I did not hear him say he expected the baly linen and books to be left at Clutterbuck's—I did not know such a name—I was backwards and forwards at Isleworth occasionally, but not to stop—my sister, Ann York, managed the business there—she is not here—she is very ill—she has a bad cold, I believe, but I do not know exactly—she does not live near us—I cannot tell where she lives now—she has lately married a person named Milligan—I lived in Ingram-court before I went to East-square—we had three rooms there—I lived there ever since I left Surrey-place—I forget what month that was in—it was between summer and winter, I believe—the prisoner and his wife went to Ingram-court the moraing after the fire—it was morning before they could get there, from the time she fire broke out—I cannot tell when Ann Wright come there—I did not see her then, nor on the Sunday or Monday after the fire—I do not know on what day I saw her—I cannot recollect whether it was the Tuesday.

Q. Was she living with you and Mr. and Mrs. Miers in Iagram-court till she was taken before the Magistrate, to be examined as a witness? A. of came to Ingram-court on the Monday night, and she came, I believe, on Tuesday—it was a fortnight after the fire that I came there—Mr. Miers was hot there at all—Mrs. Miers was, and she received me there—Ann Wright was living there when I went there—I do not recollect her going before the Magistrate—I recollect the officer, or somebody from the Fire Office, coming and taking her away.

Q. Why did you think it was somebody from the Fire Office? A. Be cause she has been in custody ever since.

Q. On your oath, did not your sister, in your presence, after Miers had been taken into custody, desire her to answer no questions? A. No, I deny it—I firmly deny that assertion, both on my sister's side and my own—as to any other person, I cannot answer for others—nobody did so in. my presence—nothing of the sort was said to her at any time—I took the name of Clark at Surrey-place, by Mien's desire—I carried on the business in that name, being my mother's maiden name—the goods at Surrey-place were supplied from High-street, as I wanted them—there were none but what came from High-street or Isleworth—I lived with my husband in crawford-street, during the time that house was being fitted up—accord ing to my judgment, the whole stock, which came from Isleworth to Surrey-place, amounted to about 300 l ., and I should say, I received about 200 l . worth from High-street—the stock in Crawford-street came from the City, from different warehouses, I cannot tell where—none of it come from High-street, to my knowledge—Miers did not come there, from High-street, with a coach-load of goods, to my knowledge—I will swear I did not accompany him with any—several parcels came to Surrey-place by the Parcels' Delivery Company—I cannot say whether there were Irish linens among them—I am not certain—some silks came—no boxed of ribbons came—there were a few lengths of ribbons—I do not think there was any delivery of boxes of ribbons in Surrey-place—there was not a dozen—no goods were brought there in a cart, to my knowledge—I know Mrs. Paul, who lived at No. 29.

Q. Will you venture to swear there were not boxes of ribbons, and large parcels of goods, brought in carts and coaches, and by Miers himself, to Surrey-place? A. There never were parcels of ribbons, nor any kind of mercery goods, brought there in a cart, or coach, or van—the principal stock of ribbons was very small, and came from Isleworth, and a few were sent down, with other goods, in different parcels—they were coloured rib bons, which I wanted; as for boxes or parcels of ribbons, they never came to that place, either in cart, van, cab , or coach—the stock and furniture came altogether from Isleworth, in a van—I cannot tell whether the house in Surrey-place was taken by the week or year—I did not take it—I believe it was not taken weekly—I cannot tell How the house in Crawford-street was taken—we staid there three weeks or a month—the stock was taken from there to High-street, I believe—I cannot tell the value of H—I can give no idea of it—I cannot tell who took it to High-street—I do not know whether my husband did—I did not accompany him, I will swear—I am not at present doing any thing towards obtaining a living—I do not entirely depend on ray husband—I have different friends who contribute to my support—my principal friends live in Lancashire—my uncle Cullen contributes to my support—he does not make me a regular allowance—I

do not know How long my husband has been out of a situation—I do not know How he has been able to live—I have got my living, for the last three months, through the medium of my friends—I do not know when my husband came out of prison—he did not come to live with me as soon as he came out—I was living in Ingram-court then, I believe, but I do not recollect either day or dates, and therefore, unless I can tell the truth I shall not answer any questions.

Q. Now give me the name of the person at whose expense you have been living for the last month? A. —( hesitating )—I shall not tell you—I did not leave High-street on one occasion with Miers with parcels, some of which contained plate, on my oath—I did not leave with him with a box, parcel, or bundle, containing two table-spoons, two salt-spoons, half-a-dozen tea-spoons, and a fish slice—I have seen them—I saw them last at High-street, about a fortnight before the fire—Miers had more than that—I have seen four table spoons, and more than half a dozen tea-spoons—I should say they had a dozen tea-spoons, and four salt spoons—that was all the plate, to my knowledge—the lodger frequently complained of the gas—the last complaint I recollect was very shortly before Mr. Smith left the house—I cannot tell when he left—I believe it was in the summer of last year—the gas was always put out at night—that was particularly attended to—it was Miers's custom while I was there always to look to the gas both in High-street and Oxford-street—I never knew of his leaving it burning all night while I was at either place—if such a thing had happened I think I should have known it, because I was generally last—he always extinguished the gas after the shop was closed—he looked to it more par ticularly on account of the smell from escapes—I was at Surrey-place on last Christmas-day—I slept there on Christmas-eve—Miers was there on Christmas afternoon, I believe—not in the morning—he did not arrive there in the morning in a coach, on my oath, neither in coach, cab , or any conveyance—he did come, but in no conveyance—I cannot tell what time he came—it was before dinner—he brought nothing with him—my husband was in Whitecross-street on Christmas-day, I believe—he did not live with me in Surrey-place—my mother and sister lived there with me—Miers paid me for my attendance there—I received 20 l . from the time I went into his employment in Oxford-street till I left Surrey-place—went to Oxford-street in 1836—he made me no regular payment—I had money as I wanted it, and goods as I wanted them, placed to my account—Miers, is a little in my debt now—I never knew or heard he was going to take the benefit of the Insolvent Act, nor ever heard that my husband was going to do so—I did not know he had filed his schedule, and advertised to do so—I never heard it till now—I had no notion of it—I was not in the habit of going to see him in White cross-street—I went once, two or three weeks before he came out—I know Mr. Jervis, the attorney—he has lent me money—I do not know when he did so last—it was some time last week—the last sum I had was 1 l . I believe—I had none from him the week before—I have not been sup ported entirely by Mr. Jervis, nor principally—I cannot tell How much I have had from him since Miers has been in confinement—I cannot tell where I have been waiting while attending here—it is a coffee-shop, I believe—I was fetched from there to come over to give evidence—Mr. Jervis has not been in and out to me.

Q. Tell me any other means of support you have had except through Miers's attorney since the sale of goods to Brooks? A. I have had money

of my own, which I have spent, besides what I received from Mr. Jervis—I got it from my friends, as I told you before—I cannot tell when I got it exactly—I am living with my husband, in East-square—Mr. Jervis has kept me till after the trial, and Mr. Midgley too—he kept us from taking a situation in the drapery business.

Q. With whom? A. Any person who would engage an—I have had no situation within the last three months, when I left Surrey-place—I call that a situation—I have had no means of support since, except from Mr. Jervis and my friends—I cannot tell what they gave me.

MR. THOMAS . Q. Do you know whether Miers owed sufficient to go through the Insolvent Court? A. I cannot tell—I know he owed his bro ther a considerable amount—I never heard of his being about to take the benefit of the Insolvent Act—I know Ann Wright was taken away by somebody—I have not seen her since.

( The Court then adjourned .)

Monday, April 9 th .—(Continued.)

ELIJAH GENNA . I am a linen-draper in the Edgware-road. I have known Miers about ten years—I remember seeing him at my house in July last—he came there in consequence of what passed between him and me—I went with him to his shop, at Isleworth, to value, on the part of Miers, some-goods that Mr. Midgley was to make over to Miers—I saw an in ventory at that time—I do not know where it is now—it was the inventory of the stock at Isleworth—I went to compare the stock with, the inventory—not to value it—he took them at the invoice price—the invoice price of the whole goods there, I think, was about 181 l . or 182 l .—I am not positive as to the amount—I left the goods there—I have been to the pri soner's shop in High-street—I was there about a fortnight before the fire—I have been in business about four years—I cannot say what the amount of his stock then was—I did not take an inventory—his shop appeared to me to be well stocked—I was there a fortnight before the fire—I cannot fix any date in January—I am certain it was in January—it was not after Christmas-day—I have nothing by which I can fix the date at all—I can not recollect the day—the shop appeared well stocked.

COURT . Q. When was the fire, do you know? A. I do not know.

MR. JAMES . Q. Was the fire in January? A. I do not know.

Cross-examined by MR. KELLY . Q. Are you a linen-draper? A. Yes, I am, and carry on business in Edgware-road—I do not keep a large stock—the floating value of my stock is about 1000 l .—I purchase my stock as I require it, from time to time, at wholesale house—I was in the habit of going to Mr. Miers's shop occasionally, not very frequently—he was an old friend of mine—I have no means of knowing the state of his trade during the last year—he has had goods from me now and then, that he might want at the time, to save going into the City—I mean to say his dealings have been confined to that—he did not send for large quantities—I had a running account with him of goods I supplied him, and goods I took of him in return.

Q. Now, did he not deal with you from time to time for goods in April, May, June, July, August, September and October, 1837? A. Very likely he did—he did have goods about that time—I cannot tell you the times.

Q. Now, look at this bill of yours; I ask you whether he did not buy

small quantities of goods from you from time to time, in April, May June July, August, September, and October? A. He did—on the 22nd of August and 5th of September he bought several quantities of various different articles—there were eleven different articles on the 22nd of August, and twenty-one different articles on the 5th of September—my bill from the beginning of June to some time in October, amounted to 27 l . 18 s . 8 d ., and that was settled by goods, not by cash—I did not see Mr. Miers for about a week after the fire—it was in July that I went to Isle worth to see that the articles were rightly valued—there was an inventory made—the agreement that was made between the parties formed part of the inventory—I saw the agreement and witnessed it—the agree ment was separate from the inventory—there was a separate inventory an nexed—the invoice prices were put on the inventory—in my judgment the invoice prices were fair and correct—the inventory was on one long sheet of paper—they were goods I think that Mr. Midgley had had in Craw ford-street when he began business—I believe the principal part of the goods were purchased from Mr. Walters—I heard that in Miers's presence—I do not know Mr. Walters—Mr. Walters's invoices were produced is the course of my inquiry about the value—I do not know what became of them afterwards—I have not been at all active in getting up this defence, not at all—I have not applied to people to become witnesses—I called on two, who I believe are here—they are Mr. Ludlow and Mr. Smith.

MR. JAMES . Q. Just explain what you called on them for? A. I called on them to speak to Mr. Miers's character.

MR. KELLY . Q. What is the Christian name of Mr. Smith?— A. I do not know—he is at the Bazaar in Baker-street.

MR. JAMES . Q. Just look over the invoice, and state, as far at you can the whole amount of goods Mr. Miers had from you between April and October? A. This is the sum total—27 l . 18 s . 8 d .—from June to October that amount of goods passed—I was paid in goods—it is usual for two drapers to barter goods instead of money—there is no item here large enough to give an order for to a wholesale house—when one draper has not goods by him which a customer applies for, another draper supplies that customer—that is frequently done—I recollect going to Miers's house for a strip of black merino about a fortnight before the fire—I got the merino I wanted—he had a quantity of merino—there were a quantity of rib bons in the stock at Isle worth.

DAVID DAVIES . I am sometimes employed as a messenger at White cross-street prison—I carry messages for the turnkey—he gives them to me. On the 19th of January I remember taking a letter to Mr. Miers's shop in High-street, Marylebone—I believe this to be the same letter—( looking at it )—I brought back 18 s ., which I gave to the turnkey, who had given me the letter, to be given to Midgley—I was brought up as a linen-draper—I went into Miers's shop when I took the letter there—it appeared to me as shops are generally—if there had been a remarkable deficiency in the stock I should no doubt have observed it—I did not ob serve any thing remarkable.

Cross-examined by MR. KELLY . Q. I presume you did not read this letter? A. No, it was wafered—Mr. Miers's shop was rather a small one—it might be about twenty-four feet by fifteen—it is twenty-six or twenty-seven years since I was in business as a linen-draper.

GEORGE SKINNER . I am a dyer and scourer. I used to call at Mr.

Miers's on business—I first knew him when he was in Oxford-street—I was in the habit of calling at High-street from the time he went there up to the time of the fire—the last time I was there was on the Saturday, at the fire took place at night—I called for work—dyeing—I generally called once or twice a week—I did not call with a cart that day—I could not take any thing away with me that day—I said I would ask first, and if there was any thing I would take it on my return, as I was going into the City—it was on that Saturday that Mr. Murphy said would be the coldest day—Saturday was the day of my being in London—I recollect its being a very cold day, my riding outside an omnibus—Miers said if I came by that way on my return I might call in, and he showed me some goods, which he said were a very bad condition, and wanted dying—the shop looked as full as ever had seen it—I had often been into the shop, and if there had been much difference I should have seen it—I had often observed that the shop was very well stocked for a small shop—I saw no difference—if there had been my material difference I must have seen it.

Cross-examined by MR. DOANE . Q. Where do yon carry on business? A. Crawford-street—I have been there, I think, about three yean and a half.

MR. THOMAS . Q. Did you call at Miers's again in the evening? A. Yes—should think it was more than seven o'clock—it could not be eight o'clock I took sway the goods to dye—I saw the prisoner himself—I took away me common merinos that wanted dyeing, with plaid shawls, and a few handkerchiefs—he was particular in beating me down as to prices—being common articles, he said the merinos would not fetch more than 18 d . a yard, perfect—they were very poor goods.

MR. DOANE . Q. Do you keep the whole house in which you live? A. have a lease of it for twenty-one years—I let out a part—I 1st out be lint floor room furnished, and the whole of the second unfurnished—it is on eight-roomed house—there is no attic—the only part I occupy as a dyer and scourer is the ground floor—there is an area and a large yard—I occupy the two kitchens, which I have knocked into one, and made a large workshop of it—that is under ground—there is a large yard in the rear of the premises—the dye-house is there—that is merely a shed over part of the yard—that is part of the premises, which I use as dyer and scourer—I reckon I keep two or three men regularly—I had two working to-day when I left home—I have been in the habit of calling on Miers for work—we sometimes employ as many as twenty females, and at times as many as thirty, in making shawls—when I have called on Miers on business, I have generally taken goods away that were so soiled that it was neces sry to have them dyed—he never gave me any thing that was not wanted to be dyed—I should say that it was after twelve o'clock that I first called on Saturday—it might be one o'clock—I think it was before two o'clock—I saw Miers himself.

MR. THOMAS . Q. What time did you set out from home? A. Mr. Mien's was the first place I called at—it is not above a quarter of a mile from my house—I think I started after twelve o'clock—I occupy as much of the premises as is necessary for business—only the under part of it—I sleep in the parlour—mine being valuable goods, I sleep there for protection—I have lived there about three years and a half—merino becomes faded by being kept, and requires dying to make it saleable—I really cannot tell the value of goods I took away—perhaps they were worth 6 l .

ELIZABETH WELLS . I live with Mrs. Whipple, in Crown-court, Al dersgate-street.

She is a stay and corset maker—she supplied Mr. Miers with stays—I was in the habit of going to Mr. Miers's shop in High-street—I was there about ten days before the fire—I do not know when the in was—I went with four pairs of stays—I stopped about an hour, a brought back an order for a dozen pairs—the shop was not different what I usually saw it—I had been in the habit of going there since May 1837. about every fortnight—I did not notice any silk cloaks there parti cularly—there were merino cloaks—the cloaks were on stands—my atte tion was not directed to silk cloaks particularly

Cross-examined by MR. KELLY . Q. Does Mrs. Whipple carry a large business? A. Not very large—she keeps her books and account herself—it was about ten days before the fire occurred that I had it order to make the stays—they were never delivered.

WILLIAM WALTERS . I am town traveller to my brothers, they carry on business at No. 7, Wood-street, Cheap side, they are wholesale dealer in lace and ribbons. I have known Miers about eighteen month—I have done business with him longer than that—they were not large dealing—he continued to deal with us up to just before the fire—I remember dining with the prisoner at High-street, on the Thursday before the fire—the shelves were full, and the shop dressed out in the usual manner—I do not make any observation respecting the stock—it appeared to be wed stocked—I really did not take notice whether there was any silver plate a dinner—the table appeared in the usual way as when I had dined the before—there were spoons—I did not notice what kind—I do not know what the spoons were made of—after dinner I know I had a silver spoke in some gin and water which I took—that was a small tea-spoon—I had dined there before.

MR. KELLY . Q. Are not the particulars of goods you furnished as fol lows?—( reading )—1835, October to November 10th, 15 l . 19 s .; November 12th to February 11th, 1836, 20 l . 0 s . 7 d .; March 3rd to April 5th 49 l . 4 s . 7 d .; May 9th and 12th, 34 l . 12 s . 11 d .; then in the course in 1836, while he was in Oxford-street, five sums, 23 l . 1 s . 21 l . 7 s . 9 d . 34 l . 5 s . 7 d ., 38 l . 19 s . 3 d ., and 10 l . 16 s . 10 d .; and in 1837, February 21st to March 2nd, 15 l . 9 s . 2 d .; April 4th to May 18th, 32 l . 9 s . 4 d . May 23rd to July 18th, 15 l . 16 s . 2 d .; August 8th to September 12th 15 l . 15 s . 9 d .; and September 26th to December 12th 18 l . 14 s . 2 d ., making about 90 l . from April 4th to December 12th? A. I should suppose the would be about the amount.

MR. PAYNE . Q. Do you know whether your brother sold any goods to a person of the name of Midgley? A. Yes—Mr. Miers opened some drawers before the fire happened, and showed me some shawls—they ap peared to me to be rich, handsome ones—there were about four or five wrap pers of them—there were some of them I should say worth from 40 s . to 50 s .—others not so much—I did not look particularly at them, but one I took particular notice of—this was in the winter—I should say it was about a couple of months before the fire that the drawers were opened—they would not be visible to persons coming into the shop.

Cross-examined by MR. CLARKSON . Q. Were the wrappers undone for the purpose of showing them to you? A. Yes—they were taken out of the drawers, because Mrs. Miers was asking him for a shawl, that was the cause—I think I know a plated spoon when I see it—the spoon I had in my grog was a silver one—I had no necessity to

examine it when I had it in my hand—I can tell by the feeling or handling of it—I saw it with my eyes—I think there is a small account between the prisoner and my brothers—I have no doubt of it—I should think the amount of it is from 10 l . to 13 l ., not more than that to the best of my knowledge—I cannot tell when I last received money on acc ount, because I have not seen the books—there was generally bills drawn—I cannot tell whether any bill became due or any money was paid since January last, without fetching the books—I was not told to bring he books here with me—my brother is not here—I know what are called dummies in the trade.

Q. Are you able to distinguish, by walking through a linen-draper's shop, How much is real stock, and How much is "dummies?" A. You may badge what portion of them, but unless you look minutely you cannot tell—I did not examine the shawls so very minutely—I merely took them up in my hand, to examine the quality—they were black grounds, with shawl orders—what are called filled shawls—they were filled half & yard square—they were filled shawls—I mean by that they were worked in the middle—I did not see the middles of them—I cannot say whether they were worked in the middle—I saw the work was on the fold—I do not think here was any border—I did not see the middles of them, but they were worked, with silk and cotton, I suppose—there was a pattern on them—of course I cannot tell what—I can tell the difference between a plain shawl with a worked border and a filled shawl—they were filled shawls, with work all over—I did not look minutely into them—I do not know then I was first told I should be a witness—I cannot recollect—the subcena was sent over to me on Friday morning, at half-past six o'clock—about a fortnight before they said perhaps I might be wanted—perhaps before that—it was when the trial was coming on—but I was not sub cenaed—my brother lives at the warehouse—I am the traveller—my brother is in town now—I never heard that he was subpoenaed—he is at the warehouse—I supplied goods to Midgley—I cannot say when that was, without the books—it was about when he first commenced business in Crawford-street—we understood from Mr. Miers that he had got pro perty—we supplied him with goods on that representation.

Q. Just look at that plated spoon; was that such a one as you had in your grog? A. I should think not—I cannot tell whether it was such a shape as this—I know it was silver from handling it—as far as I know it was thinner here—I have said that it was stouter, and slanted off here—that is not the sort of spoon—I will swear that it is not the spoon—we have never been paid our account from Midgley—I cannot say what the amount is—somewhere near 100 l .—I believe no part of that has been paid—I have not seen Mr. Jarvis since the prisoner has been in custody, nor any body else—I cannot say whether my brother has, but I should think not—my brother has no security for Midgley's account, nor any bill—I left the goods without taking any bill from him—I have never applied for a bill since—I do not know one Clark, as connected with this transaction—not concerning Midgley's goods. Q. Now do you mean to tell us, on your oath, that you have not learnt, since this man has been in custody, that if he was convicted, you would never get your debt, but that you will get it if he is not? A. Certainly not, not from anybody—such a statement has never been made to me, nor to my brother, that I know of—I never heard it—this is the first time

I have heard it—I have not taken any pains, since the prisoner has been in custody, to obtain our debt from Midgley—the goods were supplied Midgley six months ago, I should think—I should think be is not worth farthing—I had no notice from him, nor saw any advertisement from his that he was about to take the benefit of the Act—I never could see him some time—I looked after him after the shop was closed—I am not away that the goods sent to Midgley went to Miers—I have no doubt some of the might—I cannot say that the greater part did—I have inquired of Miers I do not know from Miers that he has bad the goods I supplied Midgley was—I will swear he has not told me so—I applied to Miers for me to a Midgley—I applied to him, because if Midgley did not open, he (Midgley) had better let me have the goods back—I was not aware that the good had been sent to Miers—I did not follow them—I have not seen then a any time—I never went there to see them—they were gauze ribbons and lace goods, to the amount of 100 l ., and plain ribbons—there were three four sorts of ribbons—I could not tell, without I saw the book, why there were—I was never at the shop at Isleworth, or at the shop in Surrey-place—I never knew there was one there till I heard of the goods being taken from there—I cannot recollect who I heard that from—it was talked of in the trade—I did not know it from Miers nor from Mr. Jervis to my knowledge—I have never talked to Mr. Jervis about it, nor about the goods there—I knew the goods were sold to Mr. Brooks, in the he rough—Mr. Brooks told me so—I think he told me he bought then Mr. Jervis.

Q. Were you on intimate terms with Mr. Miers? A. I was as in mate as most of the other customers. I called there—I have dined they two or three times—it has happened when going round there, that he on oc casionally asked me in—he did not tell me that the shop Midgley was to take in Crawford-street was to be his, (Miers's,) or that Mrs. Midgley was to carry it on for him—I never heard him say that he had taken another shop in Surrey-place, and another sister was to carry that on for him—in that he had opened a shop at Isleworth, where he had sent another since to take charge—he never disclosed that to me—I did not know Midgly was under age when I supplied him with the goods in Crawford-street saw he was young, but I thought he was of age, of course, by his appear ance—I thought he looked of age—if I had known he was not, I certainly should not have supplied him with goods—I became acquainted with his by his being at Mr. Miers's—Mr. Miers did not tell me he was under age

Q. Had you any means of judging of his solvency except what you get from Mr. Miers? A. No, except what Midgley said himself that he should have from about 400 l . to 600 l .—Mr. Miers confirmed that—I heard in the course of the winter that Midgley was in Whitecross-street—that opened my eyes that we should never get paid for the goods—I felt satisfied of that—I did not go to the prison—I saw Mr. Miers soon after—I cannot say the day—it was my regular round to call—I said to him, "Mr. Miers, you told me that man was a man of property, and confirmed his own statement of having 400 l . or 600 l ., and you have let us in for 100 l .; it is very odd"—I was aware before that that we should not be paid, but I did not express my surprise to Mr. Miers—Mr. Miers told me that be was in prison when I called on him—I expected before that be was insolvent, because we did not get our money for our account—I called in Crawford-street, and found he was gone—I found the shop shut up—that was the first intimation I

had which made me doubt—I believe I called on Mien from Crawford-street—I cannot tell when that was—it was soon after he was supplied with he goods, in the autumn—I asked where he was, and Miers said he did not know—he did not tell me he had served in his shop, and had continued to never there the greater part of autumn—it was a very short time before the here that I learnt he was arrested—let me see, it was about a month before he fire, but I do not speak positively—it is not my duty to keep my brother's accounts, or to know what sums are paid, that is the clerk's duty—his son knows what sums were paid—he is in town.

MR. PAYNE . Q. Was it any part of your brother's practice go round the different shops? A. No, he would know nothing about the pri soner's stock—I understood Midgley to represent that he should have the or 600 l . from an uncle—he told me his uncle was about receiving his rents, and he had a bill—that was not in Miers's presence—it was up at his own place—I understood from him that he was to obtain the money by bill of his uncle.

Q. Do you know whether it is the practice to have "dummies" in upper shelves of linen-drapers' shops? A. If they want filling up at all—the gas smokes the goods on the upper shelves.

Q. Do you know whether it is the practice to have shops in different parts, and in different names? A. Some houses do open one or two houses, if they are in extensive business—if I had the least doubt about the spoon I used being silver, I would not swear it—our accounts were generally paid by bills—Glover was the name of our clerk—he has left us now, but I dare say we could find him—bills could not have been dishonoured by Miers without my knowing it—I should not have gone on dealing with him If his bills had been dishonoured—we should have made further inquiry—we always considered him a very respectable man—I sold the goods to Midgley, at his house, in Crawford-street—some part of them were sold in our warehouse, and were sent to Crawford-street.

MR. KELLY . Q. I have just. read that the goods supplied between April, 1837, and December, 1837, both inclusive, amount altogether to about 82 l ., is that about the amount of goods with which your house sup plied Miers between those periods? A. I cannot say to a certainty, unless I could see our ledger;—a tradesman would keep up his stock, and not be quite out of an article.

JOHN GOVIER . I am a draper's assistant, but am out of a situation at present. I once lived with Mr. Miers, in Oxford-street—I went to him in the latter part of January, 1837, and left in April the same year—I went with him to High-street—I assisted in removing the stock from Oxford-street to High-street—I remained about three weeks in his service in High-street—he removed from Oxford-street on the 25th of March. Q. About what was the value of his stock when you were with him in Oxford-street? A. Between 2000 l . and 3000 l .—I was not there when he took stock—he had about the same value of stock when I left him in High-street, as when I was in Oxford-street—I went to live with him again in the month of June, and remained about a fortnight or three weeks—during all the time I was with him, he replaced the stock he fold, by other purchases to keep it up—the stock was about the same the last time I was with him in July, 1837—I should say there was no sensible diminution—the value of the stock was from 2000 l . to 2500 l .—I should say, when I left the value

of the stock was 2500 l .—it was considerably above 2000 l .—it consisted of a general assortment of drapery and haberdashery—there was stock in the counter-drawers—there was one or two nests of drawers in the shop which also contained stock—those goods would certainly not be seen in coming in, but as shopman I had the opportunity of seeing their contests, and I speak from that knowledge.

Cross-examined by MR. KELLY . Q. How long have you been out of a situation? A. Three months—I have lived all that time at one place, at the Cross Keys public-house, Theobald's-road—I have lived there eight weeks—before that, I lived in Berwick-street, Soho—I was first applied to on this subject last Monday—I heard of the fire the day after it took place, and saw in the papers that Mr. Miers was apprehended on this charge—I saw the proceedings before the Magistrate.

Q. Did you not immediately go and give information to somebody of what you knew about it? A. No, I said nothing at all—I heard of the prosecution, but not that I should be wanted—I had no application made to me until Monday—Mr. Midgley then applied to me—I have seen him once or twice since then—I have seen Mr. Jervis—I have not received any money for coming here—I was subpoenaed, and received 1 s . with my sub poena—I do not know How much I am to receive—I have not had any con versation with Mr. Midgley, Mr. Jervis, or anybody about what I was to receive—Mr. Miers's stock was removed from Oxford-street just previous to the 25th of March—I left about the middle of April, I believe, I cannot say on what day.

Q. What wholesale houses did Mr. Miers deal with in March or April? A. He dealt with Mr. Walters, in Wood-street—the others I do not know—there was a supply of what was necessary for the stock, between the time of his removal from Oxford-street and April, when I left—I do not know where it came from—I cannot swear to what extent goods were sup plied then—I went to him again, early in June, and left at the latter past of June, I believe—Mr. Miers was ill when I went, and I merely went till be was well again—I cannot tell the names of other wholesale houses from which he received goods during the month of May or June—I did not know that he was going to open a shop at Isleworth—I knew that Midgley was going to set up shop for himself—I have known Midgley for the last five years—I had not seen him for two years previous to going to live with Mr. Miers in Oxford-street—I first knew him in 1833—I did not know his age—I heard he was under age—I have heard he was not above eighteen or nineteen.

Q. Did you know that Mr. Miers procured him credit by recommend ing him? A. I know nothing of that—since I have been out of a situa tion, I have lived partly on the money I had when I was in a situation, and partly by remittances from friends—the last house I was in was in Payne's, in Exmouth-street, Clerkenwell—I left them in December, from illness—I saw Midgley last on Saturday.

MR. THOMAS . Q. When you say Mr. Miers's stock was worth from 2000 l . to 3000 l ., do you mean the stock generally, independent of any oc casional supply? A. That was the general value of the stock—there was a warehouse besides the shop, at the back part of the house—at the end of the time I was there, there was a quantity of stock in that warehouse—I did not see any in a closet—I was not acquainted with toe up stairs

part of the dwelling-house—not the whole of it—I have been over the house—I did not see the invoices when goods were sent—I had nothing to do with that.

WILLIAM JOHN WARREN . I am a linen-draper, and hate been so mole than twelve year. I am not in business on my own account—I went to live with Mr. Miers when he first opened his shop in Oxford-street, in 1815—he left in March 1837—I was not with him the whole of that time—when I first went I should imagine the value of the stock was upwards of 3000 l .—I did not assist in the removal of his goods to High-street, but remember his leaving Oxford-street perfectly well—I was living with him two or three days before he left—I should say the Value of his stock then was between 2000 l . and 3000 l —I had opportunities of judging—I should suppose I am able to form an opinion of stock of that kind, and formed that estimate a few days before he went to High-street.

Cross-examined by MR. KELLY . Q. Are you now in any business? A. I am not—I have been out of a situation between two and three months—was with Mr. Miers upwards of two years, but I had left him for two or three months in that time, and came back—he had five or six assistants gene rally besides himself, in Oxford-street—sometimes more and sometimes less—he did a very good business there—I cannot give you any idea of the size of the shop—I have been in the shop in High-street, but not to take Ha di mensions—I should say the shop in Oxford-street was decidedly the largest of he two—he dealt with Mr. Walters while in Oxford-street—I do not re collect who else—he did not do much with Pawsons, I think—I was not a buyer, and had nothing to do with the invoices—I had 80 l . a-year, and board and lodging.

Q. Can you give me any idea How much per day or per week you took a Oxford-street, over the counter? A. No—some days we took much more than others—I had nothing to do with taking the cash, nor checking he cash, and I cannot say—there was a cashier in the desk—he was some lad—I do not recollect his name—I have often lived in houses with lads and young men, and did not know their names after being in the establishment two or three months.

Q. You cannot tell me whether it was 10 l . of 50 l . a day, or what? A. No, I have known the time when we have taken 50 l . a day, and more than that—I do not know that Saturday was a better day than others—he generally consider it a good day, but, for Oxford-street, Monday it considered the best day—I cannot say whether I have known as much as or 80 l . taken in a day—I cannot say whether 50 l . would be a fair average—I had nothing to do with the books.

MR. BALLANTINE . Q. You merely sold the articles which people came to ask for? A. If a customer came, I was to make the best I could of of them—other people served in the shop—I do not remember Gattrell being in the service—the stock was made up, in comparison, with the sales—Mr. Miers was in he habit of going into the City two or three times a week, and always bought largely—I might have been engaged with a cus tomer when goods came—I have on many occasions seen goods delivered from the City—there was a considerable sale of goods in the shop—we did I very good business—four or five assistants were required—if his sale was smaller, of course, less assistance would be required—the assistants were not to look after the stock, but after the customers—if the sale was less, but the stock as large, the same assistance would not be required.

WILLIAM WALTERS re-examined by MR. PAYNE . I have my ledger

here now—it was not kept by myself, but by the clerk, Glover—he left down Christmas—I have another ledger which was also kept by Glover—I have referred to the book since I was examined, and turned the leaves down from April to December last year.

MR. KELLY . Q. Cast your eyes over it; I will give you the sums, and you can tell me whether they substantially correspond—( reads )—"Account from April 4th to May 18th, 1837, would it be about 32 l . 9 s . 1 d .? A. Yes, the would be near the amount, some goods having been returned, or it was have been 41 l . odd—from the 23rd of May to the 18th of July it was be exactly 15 l . 16 s . 2 d .; and from the 8th of August to the 12th of sep tember it would be 15 l . 15 s . 9 d .—from the 26th of September to the 12th of December it would be 18 l . 14 s . 2 d .; and on the 2nd of January 3 l . 19 s . 10 d .—that is the last sum.

COURT . Q. Is the whole of that still due? A. No—the last pared of goods is due.

MR. KELLY . Q. I think I see something about a bill returned a April, 1838? A. Yes—that is in my brother's handwriting-these good have all been paid for, except those had from the 26th of December to the 2nd of January—part was paid on the 4th of January, part on the 4th of November, and part on the 4th of September—we had payments on the 4th of January this year—this bill was due on the 4th of April—it was drawn in January—it was only returned last week—the payment on the 4th of January was for the 15 l . parcel—the returned bill is for 13 l . 16 s . 6 d .—it was given for goods sold on the 26th of September, and he make payment at the same time besides.

GEORGE SMITH . I lodged in the prisoner's house, in High-street Marylebone—I went there about the beginning of July, or latter end of June—I occupied two rooms on the first floor, a bed-room, on the second, and aback kitchen—I furnished the lodgings—they were let uu furnished—I left about the beginning of October—during the time I was there I complained on several occasions of the effluvia from the gas—I first complained of it within a day or two of my taking the apartments—I recollect the gas-fitter being sent for—I complained to Mr. Miers immediately, and he said he had sent—the gas-fitter came, I that about a week after—that was Mr. Defries—he did not come him self more than once—his man came afterwards two different times—I am quite sure it was three times in the whole—I am not certain whether it was remedied entirely—I cannot recollect—I do not recollect any smell at all from any escape of gas after the man had been—I do not remember complaining of any smell after that.

Cross-examined by MR. KELLY . Q. When did the man come the last time? A. About the middle of September, as near as I can say—I have not had any acquaintance with Mr. Miers since I left his lodging—I think I was first applied to to become a witness this day week, but I am not certain—I believe a clerk from Mr. Jervis applied to me—Mr. Genns ap plied to me a month ago—I understood you to mean when I was first applied to appear here—Mr. Genna did not apply to me to come here—he asked me if I would come forward.

Q. What made you leave the prisoner's lodging? A. I only took the lodging till I found a house to suit me—I was there altogether from there to four months—I had the first floor, and a back room on the second floor—those rooms I furnished myself—I took my furniture away when I left—there was a shopman, Mr. Miers, his wife, a boy, two servants, and Mr.

Midgley, in the house when I left—I believe Mr. Midgley lived there while I was there, but I am not sure of it—I think I have seen him there.

MR. JAMES . Q. About Mr. Genna's application to you, he asked you to come forward on the trial? A. Yes, and then I was subpoenaed.

WILLIAM WALTERS re-examined . I have Midgley's account here.

( This account being referred to, was for goods supplied from the 8th of June to the 24th of June . 1837; total amount , 127 l . 10 s . 11 d .; credit by returns, 1 l . 13 s . 9 d .; balance, 125 l . 17 s . 2 d .)

GEORGE TILL . I am an assistant to a draper, and live with Mr. Rout, in Oxford-street. I did live with Mr. Miers, as shopman, in Oxford-street, in June, 1836—I did not go with him to High-street—I have been in his shop in High-street twice—I should think the first time was about five or six months ago—I observed the state of his shop at that time, and it ap peared very well stocked—I saw it again about a fortnight or three weeks after, and it appeared the same—I have never been since—I could not form any notion of the value of the stock, for I was not in the place five minutes.

Cross-examined by MR. KELLY . Q. The last time you were there, what month was it in? A. I really do not know—I cannot say whether it was in September, October, or August—I had some lace-goods to part with, and called there to sell him some, if I could—he was not within, and I went out directly—I went on the same errand the time before, and he was then up stairs, unwell—I staid there about three minutes—I left directly I found he could not see me—I live now with Mr. Rout, of Oxford-street—it is not a large shop—he keeps ten or twelve assistants—Mr. Miers kept four or five, while I was with him—he had a very good trade while I was there—I cannot give any idea of the amount of the sales each day—it is some time ago—Mr. Miers was up stairs, unwell, when I called in High-street—I cannot say whether he was in bed—I cannot tell whether that was in June—I cannot say it was not.

FREDERICK BOND . I am a draper's assistant, and live with Mr. Clarke, of Oxford-street. I have lived with him since I left Mr. Miers, which was in March, 1837, when he left Oxford-street—he took stock in August, 1836—I cannot call to mind what the amount of stock was, but Mr. Rickards has the stock-book in his possession, which is in my hand writing.

Q. Whatever it was, was the stock kept up to about the same amount, up to the time of your leaving? A. I cannot say for a certainty, but Mr. Miers and other parties were in the City—I should say the amount of stock at the time he left was about the same, because he was buying continually, more or less—I should not say it was more.

Cross-examined by MR. KELLT . Q. Can you tell at all what was the amount of his sales per day? A. No—no young man can tell you that, because he had a cashier—I think his name was Barlow—I have not seen the cashier for this twelvemonth.

ROBERT MARKS . I am a silversmith, and carry on business at No. 123, Oxford-street. I know Midgley by name, and since I have been here I recognise him as having purchased a child's coral of me, with bells at tached to it, about nine or ten months back—I should most likely know it again, for there was a private mark on it.

Cross-examined by Mr. KELLY . Q. Perhaps when you were here you saw it on the table? A. No, I did not—it was a coral with silver bells.

MR. JAMES . Q. Did Midgley buy a wedding-ring of you? A. He did, rather more than ten months ago—I think it was hardly so long as January, 1837, but it may be.

EDWARD ANSTEAD . I am clerk to Morley and Co., of Gutter lane wholesale drapers. They had business-transactions with Mr. Miers—at the latter end of December last I called at his shop for the account, and received the money from him—it was 4 l . 6 s .—I had, previous to that, been to his shop, and received money—I was there on the 30th of November, and received 23 l . 4 s . from him.

Q. Did you, on either of those occasions, observe the general apper ance of his shop, as to the stock? A. I have no doubt I did, but I have no very particular recollection about it—I had been in the habit of going there before—he dealt at our house from December, 1835, up to January last—in the year 1837, he purchased at our house to the amount of 99 l . 19 s . 2 d .—the whole of that was after March—those goods were sent to High-street, Marylebone—he owes us 6 l . 17 s . 10 d . now—all the rent has been paid—from the end of December, 1835, to the end of 1836, he bought 322 l . 13 s . worth of goods—and on the 19th of January, this year; he purchased 1 l . 18 s . 10 d . worth.

MR. KELLY . Q. Do you recollect what those goods were on the 19th of January? A. No—I did not deliver them—I am speaking from a journal.

DANIEL CLUTTRRBUCK . I keep a coffee-house, in Great Cattle-street Regent-street, it is very near Oxford-market. Castle-street, east and west, crosses Oxford-market—my shop is on the other side from John-street to Regent-street—there are very few houses from the market to John-street—I have kept my shop there nearly two years—I know a per son named Midgley, who sometimes used to come to my house—I have seen him to-day—he is the same man that used to come my shop—he, on one occasion, left a parcel at my house—I cannot recollect when it was—I should think it was about January, but I really cannot say, for I never dreamt of being asked the question—I perfectly recollect his calling, and leaving a parcel—he had not left a parcel before—I believe he fetched it away the same evening—I am positive he had one parcel, and I believe two—I did not know his name at that time—he might have known mine, as it was on a brass plate on the door.

Cross-examined by MR. KELLT . Q. What was written on the brass plate? A. "Clutterbuck" only—my house is on the north side of Oxford market—it is No. 34—I call my address, "34. Great Castle-street, Re gent-street"—I have a board over the door stating it is a coffee and chop-house—I have kept it nearly two years—I cannot state positively when I first saw Midgley, but I believe it was either in December or January—he came for refreshment—he did not give his name—I never heard him say who or what he was—I cannot say exactly that the parcel was left in January, but I believe so.

Q. When were you first applied to, and asked any thing about the parcel? A. This morning, never before—Midgley and the attor ney's-clerk, as I understood, came to me—the clerk presented me with a summons, and said he wanted me to come to the Old Bailey to give evi dence respecting a parcel which Midgley had left at my house—he did not tell me when the parcel had been left nor about the time—they wanted me to go with them, and they would go in a cab or omnibus—nobody lives at my shop but myself—there are lodgers, but I have nothing to do with them

—unstill this morning I did not know the name of Midgley—I never heard—I did not know what he was—there are several town-travellers come to my house from the City, and carry brown paper parcels in their hands, and the parcel he left was similar to those—it was larger than that book, half as large again I should say—it was done up in brown paper—he merely asked permission to leave it for a while—he left it, it might have been an hour or an hour and a half—I cannot tell to an hour—he fetched it away the same evening—I really cannot swear what month it was in—I do not six the time at all—it was certainly not February—town-travellers come for refreshments, walk out, leave their parcels, and come back again and take them—that is a frequent practice—I do not know Mr. Miers.

Q. If I understand you, you say parcels are left, and the same person who leaves them comes and takes them away? A. Exactly so—I am not in the habit of receiving parcels directed for other people—if a traveller brings a parcel I would not give it up to anybody but himself—the prac tice is, if a person does not wish to take a large parcel, they leave it, and tall for it again.

MR. THOMAS . Q. Is it not very common for a person to leave a parcel of they wish to go any where? A. Yes—if I know the person I allow them to do so—I have not, from that time to this, seen anybody respecting my coming here—I have not seen Mr. Jervis till to-day, to my knowledge—nobody has applied to me before to-day—we take in newspapers at our shop—I recollect Miers being brought before Mr. Rawlinson—that will not bring the time to my recollection—it was before that, I am certain—I have no motive whatever in coming here to-day—I am positive Midgley is the person who left the parcel.

COURT . Q. Do you know the coffee-shop kept by Higgins? A. I know several in the neighbourhood—I do not know the man himself—I do not recollect the name—I do not know Wood's coffee-shop—my shop is a very short distance from No. 13, John-street—I should say within 100 yards—do not know No. 118, Great Titchfield-street—I know Great Titchfield-street—I do not know the coffee-shop kept by Wood there—I do not know which way the numbers run—the part of Titchfield-street nearest to my house is at the top of the market where the street begins—the north side of the market—I should say the beginning of Great Titchfield-street is 300 yards from my shop—the market is about half the distance.

JOSEPH SMITH . I am a plumber, painter, and glazier, and carry on business in Woodstock-street, Oxford-street. I was employed in August, 1837, to paint and varnish the front of Mr. Miers's house—that was the last I did to it—I have not received orders to do any thing since that time, but in August I received orders to compo or repair the front and put up Mr. Miers's name, but I did not do it in consequence of the weather, the compo not being dry enough to paint—it has never been done—the last time I was in the prisoner's shop was on the 10th of No vember—I merely went there to order some goods to be sent to my house, and he said he wished, as soon as the compo was ready, I would finish it and put up the name—I told him the compo was not dry enough, and I did not do it—I did not see him about any thing after that—I was never in the shop after the 10th of November—the goods I ordered then were sent home—I cannot recollect what they were—I have dealt with Mr. Miers some time, and have been in his shop several times—I painted it in

March, 1837, before he moved into it, and I did something again to it is August.

Q. From the view you made of the shop in August, what was your opinion of the stock? A. I am not a judge of linen-drapery—the shop appeared as well stocked then as it was when it was opened—I did not notice any alteration or diminution.

Cross-examined by MR. KELLY . Q. How long were you in the shop in August? A. I painted the outside—there was nothing to call my at tention to the stock—I cannot say what my bill was—I painted the outside in March, three or four times over, and finished it in August—in August I gave it a coat of paint, and varnished it—I made two charges for it, no one charge for the whole—the last charge was between 2 l . and 3 l . I suppose.

Q. What is this about the compo? A. When he took the house there was a name with the letters projecting—he wished them cut away from the compo and filled in, and then, when dry, his own name put up—that was in August—I employed a man to do it, but the work was not dry enough—Mr. Miers applied to me in November to finish the work when I went to his house to order goods, and he sent to my house once after wards for me to paint it, which I did not do, in consequence of the weather—the letters were filled up in August.

'Mr. JAMES . Q. In November was it Mr. Miers spoke to you about it or you to him? A. Mr. Miers spoke to me—leaving it unfinished in No vember was my neglect—in fact, it was not dry enough to paint.

Mr. KELLY . Q. When were you called on to come here? A. On Tuesday last.

THOMAS COLLINE BENNETT . I am in the house of Caldecott and Co., at Cheapside. Mr. Miers was in the habit of dealing with them since octo ber, 1835—he opened his account then—I have a statement here a two bills which he accepted for goods—I cannot tell what amount of goods were supplied, but those bills were accepted for the goods—there was a bill he paid on the 4th of April, 1837, of 36 l . 18 s ., and on the 26th of April there was paid with cash 12 l . 11 s . 6 d .—there was no more in 1837—We have no transactions after that, but several previous—I cannot tell what goods were sold in 1837—the paper I have is merely an account of bills paid us.

Cross-examined by MR. KELLY . Q. Can you undertake to say, of your own knowledge, that any goods at all were supplied to him by your house after February the 17th, 1837? I am not asking about bills, because they might be for past debts. A. Yes, the bills were for past debts—I should think so—I do not know of goods being supplied after the 17th of February, 1837, but I could inform you if I had the books.

Q. Do you know whether the goods in the former years were supplied under a guarantee, which was withdrawn in 1837? A. The goods was supplied under a guarantee—I cannot say when it was withdrawn—I know when the account commenced we had a guarantee.

JAMES SEBASTIAN YATES . I am in the house of Coster and Co., silk merchants, and general warehousemen, in Aldermanbury. Mr. Miers dealt with them—I cannot say when he began, but I think it was in 1835—he continued dealing with them down to the time of his premises being burnt down—I cannot tell, without referring to books, to what amount he dealt with us during the year 1837, nor in any other year—I believe a statement of the account has been given, which you can refer to—( looking at a paper )—

this is not my writing—I do not be five it is the writing of any one in our house—there are two partners in our firm at this time—a copy of the account has been furnished, and if that is in Court, I can swear to its being a copy of the ledger—it was given both on behalf of the Insurance-office and of the prisoner—I examined it from the books myself.

Q. Look at this statement, and tell us How much you supplied in 1835? A. About 369 l .

MR. KELLY . Q. I find I have a copy of the account, furnished to the insurance Office; it begins in October, 1835? A. Yes—the amount in October, and part of November, is 316 l . odd—the amount of goods kept was 245 l . 15 s . 2 d .—the whole amount supplied in 1835 is 369 l ., deducting the returns—in 1836, it was about 740 l ., and down to March 25th, 1837, it was 22 l .—and from Lady-day, up to January, 1838, it was 260 l .—those were the last goods sold.

MR. THOMAS . Q. In speaking of those amounts, do you account for my goods returned, in speaking of the 740 l .? A. That is independent of the goods returned—we have been paid for every thing, except the last goods, which were sold in December, 1837, and January, 1838—the amount of the last supply, in December and January, was 36 l . odd—7 l . in January, and 19 l . In December—those goods should have been paid for on the last Thursday in January—that was after the fire—there has been no failure of payment whatever, when due.

MR. KELLY . Q. Do you know that your house, down to the time of his leaving Oxford-street, supplied him with these goods, under a guarantee? A. They did—that guarantee was withdrawn in April, 1837, and after that are supplied him with goods from one month to the other, he paying for each month—we did not extend our credit beyond one month's account—the amounts go on diminishing after July and August—the amount in August was the largest after March—but after that time they go on diminishing will we come down to January.

MR. THOMAS . Q. Do you consider High-street as good a situation for the sale of goods as Oxford-street? A. I should say for a lower class of goods.

MR. KELLY . Q. Do you know Midgley? A. We do not—I believe Midgley wished us to supply him with goods—I know from the people in the house that a 410 l . bill was offered—I do not know it myself.

MR. THOMAS . Q. Did you offer yourself to do business with Mr. Miers in the way stated—to give him a month's credit? A. We did.

MR. KELLY . Q. Is this your invoice for the last goods? A. Yes—we usually deal for a bill at three months, from the first of the following month, but when the guarantee was withdrawn, we agreed to let him have credit to the end of the month.

MR. THOMAS . Q. Do you allow discount for those sort of dealings? A. Yes, one and a quarter per cent.

— RAND . I am clerk in the warehouse of Messrs. Bradbury, whole sale mercers, No. 6, Aldermanbury. I recollect Mr. Mien dealing at our house—he commenced in December, 1835—I have extracts here from our books—he dealt with us up to the 12th of April, 1837—the last supply was in April, except a single parcel, which was paid for on delivery—we did not send any goods to High-street—I cannot tell exactly the amount of goods furnished during 1837—I should imagine the gross amount was 137 l .

Cross-examined by MR. KELLY . Q. Do not tell us what you imagine A. I have no dates—I should say goods were supplied to a greater amount than 30 l . or 40 l . In 1837, I should say it was to the amount of 150 l . is 1837, but I cannot tell until I see our books again.

MR. JAMES . Q. What is the extract you have from your books there? A. Bills drawn and paid.

WILLIAM HOPKINS HOLYLAND re-examined . I am clerk to Messers. Pawson and Co. This account—( looking at one )—was furnished from our house, and I believe it to be correct—we did not supply any goods to Mr. Miers in 1837—our account only comes up to December 9th, 1836—the whole amount of goods supplied was 1790 l .—it began October 2, 1835—between that and December 1836, there was 1790 l . worth of goods sup plied, but nothing at all since that—we were paid for the goods.

Cross-examined by MR. KELLY . Q. Ton said before that they were supplied under a guarantee, which has been since withdrawn? A. Yes we have had no dealings with him since—nearly half that amount was in 1835, and the other half in 1836.

T. C. BENNETT re-examined . I have now brought a copy of the ledger—the account commences on the 7th of October, 1835—the whole amount in 1835 is 350 l . but part of those goods were returned, between 6 l . and 7 l . worth, which would make it about 343 l .—in 1836, it amounted to about 960 l ., and in 1837, to about 12 l .—the last date of 1837 is the 17th of February.

Cross-examined by MR. KELLY . Q. Do you know any thing of this of your own knowledge, or have you taken it from your books? A. I have taken it from the ledger—he returned goods to the amount of 7 l .—3 l . 10 s . and 1 l . 9 s . 3 d . was all that was supplied in 1837—I cannot say whether the returns are deducted from that amount—it is a very rough statement—I think about 326 l . worth were supplied subsequent to the 31st of August 1836—we always supplied the goods under a guarantee—I was withdrawn in April, I think.

(John Manning, mercer and draper, Aldgate; George Nicholson, carpet and linen-warehouseman, Aldgate; Richard Knight, carpet-warehouseman No. 273, High-holborn; William Nicholson, carpet-warehouseman, No. 318, High-holborn; Richard Emmerson, carpet-warehouseman, No. 305, High-holborn: James Bowen, linen-draper, No. 68, Chiswell-street, Richard Fawcett, carpet-warehouseman, No. 74, High-street, Whitechapel; Charles Johnson, linen-draper and carpet-warehouseman, No. 92, Bishops gate-street, Without; Jonathan Nicholson,, Carpet-bag manufacturer, south ampton-court, Southampton-buildings; and Francis Shaw, linen-draper, No. 201, High-street, Borough, deposed to the prisoner's good character.)

GUILTY . Aged 31.— Transported for Life .

NEW COURT . Monday, April 9 th , 1838.

Third Jury, before Mr. Common Sergeant .

1058. THOMAS MORAN was indicted for stealing. on the 27th of March , 1 fork, value 10 s ., the goods of John Rea ; to which he pleaded

GUILTY . Aged 40.— Confined Three Months .

1059. GEORGE SMITH was indicted for stealing, on the 21st of march , 1 handkerchief; value 2 s ., the goods of Samuel Potter , from his person.

SAMUEL POTTER . I am clerk to Messrs. Lofty and Potter, of King-street, solicitors. On the 21st of March, about half-past one o'clock in the day, I col lared in Great Turnstile—I felt a twitch at my pocket—I waited till I felt my handkerchief go, then turned and saw the prisoner—he was standing close behind me, I looked at him, and he coloured up very much—I col lared him, and accused him of it—he said, "I pick your pocket?"—I said, would not stand any gammon —I turned him round, and saw the hand kerchief in his hand—this is mine—( looking at it )—I know it—he said he did not know any thing—I had seen it safe not more than two minutes before—I had used it, and put it into my pocket again.

Prisoner. Q. Can you swear I took it? A. No, there was a number of saw him—I saw it in his hand—I have no doubt about it.

THOMAS VEAR . I am a policeman. I took the prisoner, and have the handkerchief.

Prisoner's Defence . I saw a person drop the handkerchief—I picked it up—the gentleman turned round and accused me of picking his pocket—I did not not do it.

GUILTY . Aged 18.— Confined Six Months .

1060. CHARLES GOFF was indicted for stealing, on the 23rd of February , 1£10 bank note, the property of Henry Hardman , in the swelling house of Daniel Crisp .

MR. PRICE conducted the Prosecution .

HENRY HARDMAN . I live in the country. In the month of February, I was residing at the Gordon-hotel, in Covent Garden—I had a portable writing desk there containing some bank notes, which I missed on the 23rd of February—I had seen the£10 note in question, on the Monday, the 19th or 20th—the prisoner was porter at the hotel at the time, and no doubt had access to my room as well as others, at my door was open and accessible like the rest—I very seldom saw him—the number of the note inquestion was 77947—I made a memorandum of it when it was stopped it the Bank of England—I went to my bankers to get the number—I did not get the number before I lost the note, but I knew the number and date before the note was stopped—I got it from Smith, Payne, and Smith—this has very much the appearance of the note I lost—( looking at one. )

Cross-examined by MR. BALLANTINE . Q. When did you receive this note from Smith, Payne, and Smith? A. On the Monday previous to the 19th—I received it with a£50 note and five£10 notes—I did not take the numbers of the notes at the time—I can tell the numbers of all the tens, they were sequents from 76946—I got the numbers from the bankers after I lost them.

HENRY DAVIS . I am in the employ of Mr. Burnet, who lives near the Piazza, in Covent Garden. I know the prisoner as porter to Mr. Crisp—on the 16th of March he came to me and asked for change of a£10 note, which I gave him—I wrote on the back of it "Mr. Crisp, Gordon-hotel, Covent Garden," knowing he came from there—( looking at the note )—here is my handwriting on this note.

Cross-examined. Q. Your shop is close by, is it not? A. Next door—I put the note into the desk, of which Mr. Burnet had the key.

MR. HARDMAN re-examined . I had received five£10 notes from the bankers—I had two£10 notes in my desk, on the 19th—I cannot tell where I passed the others—I lost£30 altogether and I think it was three £10 notes, but I am not certain—they were not all in my desk—I paid three of the£10 notes away on the Monday—I had three£10 notes on the 19th, in my writing-desk—I lost all three—I did not receive all those three from my bankers—I received the one I lost from the banker, on the 19th—I do not know the number except from what my banker told me.

THOMAS PHILLIPS . I am a clerk in the Bank of England. I received this£10 note from Morrison and Co. on the 20th of March.

MR. HARDMAN re-examined . I cannot say this is one of the notes I lost—one note so much resembles another—there is no mark to enable me to know it again—I am not able to speak to the number and date except from what I heard from the bankers.

DANIEL CRISP . I keep the Gordon hotel, in the parish of St. Paul; it is my dwelling-house. The prosecutor was living in my house at the time in question and for about two months—the prisoner was my porter—he had lived with me two different times—the last time for about five months—I remember the prosecutor complaining of being robbed, and I turned the pri soner away in consequence.

Cross-examined. Q. On what day was this robbery? A. On the 23rd of February—the prisoner left me on the 9th of March—I mentioned it at Bow-street that day.

RICHARD BURNET . I took this£10 note from Davis, my cashier, and paid it to Morrisons'—it has Davis's mark on the back—I cannot precisely say when I received it—I did not receive it myself from the prisoner—I paid it to Allman, with many others.

WILLIAM ALLMAN . I am in the employ of Morrison and Co, ware housemen. I received this note on the 20th of March, from Mr. Burnet, among others, amounting altogether, with cash, to 220 l .

RICHARD GARRETT . I am an officer of Bow-street. I apprehended the prisoner on the 22nd of March on another charge—I found nineteen sovereigns in his box.

NOT GUILTY .

1061. MARTHA DAVIS was indicted for stealing, on the 10th of March , 2 blankets, value 2 s .; 2 sheets, value 5 s .; 1 counterpane, value 2 s .; 1 bolster, value 3 s .; 1 pillow-case, value 2 s .; 1 table-cloth, value 18 d .; and 1 towel, value 6 d .; the goods of Ann Woolridge .

ANN WOOLRIDGE . I am a widow, and live in Queen-street, Islington. The prisoner came to lodge at my house on the 7th of March—in conse quence of information I sent for a policeman, and gave her in charge I missed these articles—they are mine—( looking at them .)

CHARLES TIJOU . I am shopman to Mr. Drew, a pawnbroker at Islington. I have produced a towel which was pawned by the prisoner on the 14th of March.

Prisoner . I did not pledge it. Witness . I have not the least doubt of her.

WILLIAM HUMPHREY . I am shopman to Mr. Goodburn, a pawn broker

in High-street, Islington. I have produced a pillow which I took of the prisoner.

( The prisoner put in a written Defence, stating that a female friend was in he habit of coming to see her at her room—that while she (the prisoner) was went she missed several things, and the woman shortly after absconded .)

ANN WOOLRIDGE re-examined . There was a woman with her.

GUILTY . Aped 27.— Confined Six Months .

1062. MARY ANN WALKER was indicted for stealing, on the 12th of March , 1 muff, value 10 l . 10 s ., the goods of Eliza Ashton , her mistress.

ELIZA ASHTON . I am a single woman, and live in Marylebone-street, St. James's. The prisoner was in my service, as nurse, from February till 17th of March—I missed a muff—this is it—( looking at it .)

CAROLINE ROPER . I live in Newport-market The prisoner called on came on the 12th of March, and showed me this muff—she said she was going to pawn it in Thistle-court—I am sure this is the muff.

WILLIAM WILLIAMS . I am shopman to Messrs. Young and Luckmore, pawnbroker, in St. Martin's-lane. This muff was pawned with me on the 12th of March, in the name of Wallen, but not by the prisoner.

EDWARD JOHN DAVIS . I am a police-sergeant. I took the prisoner, and found some duplicates on her—there is no duplicate corresponding with the muff.

GUILTY . Aged 30.— Transported for Seven Years .

(There was another indictment against the prisoner.)

1063. JOHN WILLIAMS was indicted for stealing, on the 4th of April , 1 purse, value 5 s .; 7 sovereigns, 2 half-crowns, 1 shilling, and 1 Sixpence; the goods and monies of Henry Bouverie William Brand , from his person.

HENRY BOUVERIE WILLIAM BRAND . I live in Bury-street, St. James's. About half-past three o'clock in the afternoon of the 4th of April, I was walking along Charles-street, Berkeley-square—I had 7 l . 6 s . 6 d . In my coat pocket behind—I fancied I felt my pocket picked—I turned round, and saw the prisoner—he ran—I pursued, and caught him—I found the purse on him, and handed it over to the policeman—this is my purse—( looking at it )—the sovereigns and all in it are safe.

WILLIAM HAYING . I am a policeman. The prosecutor handed this purse to me—I have had it ever since, it is in the same state as I re ceived it.

GUILTY .*— Transported for Ten Years .

1064. ELIZA JOHNSON was indicted for stealing, on the 1st of April , 1 box, value 6 d .; 1 coat, value 10 s .; 2 shirts, value 2 s .; 1 waistcoat, value 1 s .; 1 handkerchief, value 1 s .; and 1 pair of stockings, value 6 d .; the goods of Joseph Watson .

JOSEPH WATSON . I live in Cambridge Heath-gardens. On Saturday, the 1st of April, about two o'clock in the evening, I met the prisoner—she proposed taking a walk—I went with her into the garden—I had a box with me at the time, containing two shirts, a coat, a waistcoat, and a hand kerchief—I was with her about ten minutes—I put my box on a bench, and, while talking to a shopmate, the prisoner cut .

Prisoner . He entrusted me with the box, and told me to go on with it Witness . It is false; I did not.

EDWARD SYMES . I am a policeman. Between two and three o'clock on the evening of the 1st of April, I met the prisoner, carrying this bundle—I asked her what she bad in it—she said, a coat and a pair of trowsers her husband's, which she had taken out of pledge.

Prisoner's Defence . I told the policeman I thought I should meet the young man and give them to him, and directly I saw him at Lambeth-street I said they were his—I did not want to steal them.

GUILTY . Aged 34.— Confined Three Months .

1065. JOHN GEORGE was indicted for stealing, on the 29th of Janu ary , 1 truck, value 4 l ., the goods of Thomas Breedon .

THOMAS BRZEDON . I am a wheelwright, and live in Type-street Chiswell-street. I have known the prisoner, by his coining for trucks, for many months—on Monday, the 29th of January, about three o'clock, he came and said he wanted a truck for Mr. Poole, and I let him have one—I am positive he is the man—he was to bring it back in the course of the day—he hired it for two or three hours, at 3 d . an hour.

CLEMENT POOLE . The prisoner was formerly in my son's employ—I reside in the country, but was with my son on the day in question—I did not direct the prisoner to get a truck for me—if there had been any brought I should have seen it—there was none brought.

THOMAS' BEALE . I live in Lower-street, Whitechapel. On the 29th of January, about three o'clock in the afternoon, the prisoner came to my house, and said he was going to be seized on, and had got a truck to sell cheap—I went with him to Whitecross-street—he there left me, saying he would go and see if the man was at home who had got it—be brought it to me, and I bought it of him.

( Property produced and sworn to .) Prisoner . I am very sorry for it.

GUILTY .* Aged 29.— Transported for Seven Years .

1066. GEORGE WILLIAMS was indicted for stealing, on the 2nd of April , 4 pewter pots, value 4 s . 6 d . the goods of Jonathan Wood : I pewter pot, value 1 s . 6 d ., the goods of David Milton : 1 pewter pot, value 1 s . the goods of— James Hancock : 1 pewter pot, value 1 s . 6 d ., the goods of Thomas Clark : and 1 pewter pot, value 1 s . 6 d .. the goods of Benjamin Wood .

JONATHAN WOOD . I keep the Crown public-house in Aberdeen-place Maida-hill. I have lost a great many pots at different times—on the 2nd of April I lost four, three-pints and a quart—( looking at them )—these are mine—they had been left at different customers.

DAVID MILTON . I keep the Duke of Clarence public-house, in North-street, Lisson-grove. One of the pots produced belongs to me—I lost it on the 2nd of April.

JAMES HANCOCK . I am a publican in Exeter-street, Lisson-grove. I lost a pot—this is mine.

THOMAS CLARK . I am a publican. One of the pots produced is one I lost.

STEPHEN THORNTON . I am a policeman. I saw the prisoner in Oxford-street, and found these pots on his person.

Prisoner's Defence . I picked them up—I was in distress, having been it of employ.

GUILTY . Aged 38.— Confined Six Months .

1067. JAMES HERBERT was indicted for stealing, on the 19th of March , 22lbs.. weight of spelter, value 3 s ., the goods of the St. Katharine's Dock Company —also, on the 21st of March ) 121bs. weight of spelter, value 1 s . 6 d . the goods of the St. Katharine's Dock Company , to both of which he pleaded

GUILTY . Judgment Respited.

1068. The said JAMES HERBERT and JOHN COULTON were indicted for stealing, on the 2nd of February , 106lbs. weight of spelter, value 16 s ., the goods of the St. Katharine's Dock Company . To which

HERBERT pleaded GUILTY .

MR. BALLALTINE conducted the Prosecution .

JAMES FOGG . I am a Thames police surveyor. Last Wednesday I went a house in Fusham-hard, Wapping, and found the prisoner Coulton in a front room there—I laid hold of him, and said he must go with me—he knew me—he said, "What for?"—I said, "For stealing some spelter from the St. Katharine's Dock"—he said he knew nothing about it, and had nothing to do with it—I then told him he was at Mr. Foster's, with Herbet, selling it—he said, yes, he was—that he knew Herbert, and that Herbert had met him one day, and asked him to carry a parcel to clerkenwell with him and he would give him 1 s .—that he went into Com mercial road for him, and brought a parcel to him which he took to St. Paul's Churchyard—he said he had given him the heaviest—he said he had known Herbert for some years, that they were schoolfellows together he said they had been offering him money to go out of the way, and had they given him money he should have done so, out he had no money, and could not go, and that I might have found him there Wore—I found him at a marine store-dealer's—I had followed him there—he and the marine store-dealer were in conversation when I went in—the marine store-dealer was at Hatton-garden when the prisoners were both charged with this at first, but no owner being found then they were discharged—I knew Coulton before—he lived close to the London Docks.

RICHARD MARSHALL FANCOUET . I am warehouse keeper of the quay marked C, at St. Katharine Docks. This spelter is part of what was there—I am able to say so positively—I know nothing of Coulton.

JOHN LOCKYER . I am in the employ of Mr. Foster of St. John's-square, Clerkenwell. I know Herbert by his coming to our shop several times—the last time he came Coulton was with him—I believe it was on the 2nd of February—they had this lot of speller—I do not remember that Herbert said where he got the property from—Coulton did not saw any thing.

COULTON— NOT GUILTY .

1069. SAMUEL BUCKINGHAM was indicted for Healing, on the 27th of March , 66 pieces of wood, value 6 s .; 1 iron crank, value 1 s .; 50lbs. weight of solder, value 1 l .; 1/2 lb.. weight of brass tubing, value 6 d .; and 2lbs. weight of wire, value 2 s .; the goods of Thomas Cubit , his master.

MR. BALLANTINE conducted the Prosecution .

JOHN CLIFTON . I am foreman to the plumbers in the employ of Mr. Thomas Cubitt, a builder, in Eaton-place, Belgrave-square. We were building in Davies-street—on Tuesday the 27th of March I received in formation, in consequence of which I applied to Vallance, the policeman and went with him to the Hertford Arms public-house, in Little Grosvenor-street—I there received a carpet bag—I examined it, and found it had eleven pieces of wood, which had been cut off the ends of boards we were using to the roof of some premises in Davies-street—the prisoner was employed of those premises—I went there with Vallance, and took the carpet bag with us—I saw the prisoner, and asked him How he came by the wood, pointing to the wood in the bag,—he said, "I took it off the roof of the house where I was at work"—I gave him into custody, and afterwards went to his lodging in Buckingham-place, New-road—I was present while search was made there, and a quantity of wood was found—I should say three parts of a cart load—also a quantity of solder, a brass tubing, and a crash with a C on it—all belonging to Mr. Cubitt—the prisoner would have no right to that property—it was not given to him as perquisites—the things; are worth between 20 and 30 s .

Cross-examined by MR. JONES . Q. How long has the prisoner been in Mr. Cubitt's employ? A. Nine or ten months—I heard nothing against him before—Vallance was present when the wood was found in the carpet bag—the prisoner said he got them from the building where he was at work on the roof—he said, "roof," to the best of my knowledge—I have never said he used any other words besides roof or building to my know ledge—he said he got them from the roof to the best of my knowledge and he hoped they were not going to take him into custody for it—these pieces of wood might be used for rails for a back landing—Mr. Cubitt's occasionally goes on buildings, but very seldom—there is no mark on the wood, nor on the solder—I swear it is not an 0 on this crank—it is a C—it is not a G—there is no other mark on it—the prisoner has worked constantly for Mr. Cubitt for ten months, except a few days at Christmas.

MR. BALLANTINE . Q. Are you able to say that those pieces of wood were on the premises in Davies-street? A. Yes—the pieces from which they were cut are there now—they have been compared, and they agree exactly in width and thickness—the prisoner was at work on that roof, and was there when I gave him in charge—I cannot swear to the solder, but it, agrees with what we use.

ANDREW VALLANCE . I am a policeman. I went with Clifton to the Hertford Arms public-house, and received this carpet bag, containing the eleven pieces of wood—we then went to Davies-street, where the prisoner was at work—he said the carpet bag belonged to him, and he had taken the wood from the building—the Hertford Arms is about fifty yards from Davies-street.

Cross-examined. Q. Where was it he said he got the Pieces of woof from? A. I understood him from the top of the house—from the roof—this ladle I found at the prisoner's house—it does not belong to the prose cutor—it is used to melt solder.

JURY to JOHN CLIFTON . Q. Is the C on this crank Mr. Cubitt's own private mark, or is it a mark put on by a foundry called the Carron Foun dry? A. Mr. Cubitt purchases from the Carron Foundry, but the things I have seen of theirs have "Carron" on them and not C—if the prisoner

had found these pieces of wood lying about he need not have taken them away to take care of, as I live near the premises—he might have thought them to me, but he was not in the habit of using wood—he was employed as a plumber—he had nothing to do with the wood.

MR. JONES . Q. Which was nearest, the public-house or your house? The public-house—they are both in the same direction.

NOT GUILTY .

1070. MARY LEONARD was indicted for stealing, on the 7th of April , 1 iron hook, value 1 d .; and 121bs. weight of mutton, value 8 s .; the woods of William Mansfield .

(On the evidence of Mr. Gilbert M'Murdo , surgeon of the gaol, Mary Huthven , one of the matrons, and Esther Brown , the prisoner's sister, she a found to be of unsound mind.)

1071. SAMUEL SWAIN was indicted for feloniously receiving, of a certain evil-disposed person, 3 lasts, value 9 d .; and 1 pair of slippers, value the goods of George Sergeant , well knowing them to have been stolen; against the Statute, &c.

GEORGE SERGEANT . I am a shoemaker. On the 22nd of January any place was robbed—I was ill at the time—next day I went to the prisoner, who is a marine-store dealer, in Golden-lane, which is the neat street to me—I said, "Mr. Swain, have you bought any boots, shoes, or lasts?"—he said he had not, nor any boot or shoemaker's tools—I said, "If you will give them up, I will pay you what you have for them"—be said he had not bought any—I went there again, and found he had removed to Cloth-fair—I went there, and saw three my lasts outside his door—I said to him, "These are mine, How came me you possessed of them?"—he said, "I bought them"—I said, "Who of?"—he said, "I have not been a marine-store dealer to many years, but I know what trade is; you want to do me out of them, as a man did of an ink-and"—I told him to put them in on his shelf, and I would give him 4 d . for them—I went away, and brought an officer back with me—I was not away above ten minutes or a quarter of an hour, and he then said he had sold them—I said, "What made you sell them, when I said I would come for them?"—he said he had sold them for 8rf.—the officer searched his place, and and one of the lasts which he said he had sold, concealed in a drawer at the back of the table, with two others belonging to me, and a pair of slippers be longing to my sister—we found one in the afternoon, and the other when we went back after he was in custody—when he was in the station-house he said, "If you will drop the charge, I will give you your property"—I said, "If you will, I will let you go," and I let him go on his saying he would ap pear at Guildhall next day, but he did not come—he met me in the Old Hailey the other day, and he sneered at me and said, "Have you drawn any bill against me?"

Prisoner. Q. Where did you go after you came to me? A. To my father's, and then to the watch-house—Mr. Martin, the inspector, said to me "you have let the bird fly, and you want me to shoot it"—when I me back you said you had sold the property, and your wife said to me, "You false-swearing vagabond, I bought that among a set of bones."

CHARLES BURGESS . I am a policeman. I went with the prosecutor, by desire of the inspector, and requested the three lasts—I told the prisoner

he had done very wrong by making away with them—I found these two lasts on a shelf behind the counter—I then took him to the watch-house and went back again about half an hour afterwards—I then found this other last in a table-drawer, with a quantity of things—the prosecutor said it it was one of the three that had been exposed for sale.

GEORGE SERGEANT re-examined . These are my things—one of the lasts is one I had seen offered for sale, and which I offered him the fourpence for—the slippers belong to my sister—the prisoner's wife said they had bought them among a lot of bones—he was present when she said so, and I said to him, "Mr. Swain, if you will come home with me, and try the shoe on my sister, you will see it will fit"—he showed it to my father, and asked him if he knew it, and he said, "It is my girl's shoe"—she was just coming from school at the time—it was tried on, and it fitted her.

Prisoner. Q. Can you swear to those lasts? A. I can, to every one—I have a mark on them, and I have worked on them upwards of sixteen-months.

Prisoner's Defence, ( written. ) On the evening of the 13th of February a person came to my shop, and offered sundry shoemaker's lasts for sale-being a shoemaker by trade, I purchased them for my own use—a day or two afterwards the prosecutor came to my shop and asked if such articles had been offered for sale—my wife said, not to her knowledge, not know ing I had purchased them—I was then about opening another shop in the game line, in King-street, Cloth-fair, where the prosecutor saw the three lasts among others which I had in use for my own business as a shoemaker—he then asked the price of them, and I told him, "Fourpence"—he said they were his property, but he would fetch the money and buy them of me—I took them out of the window, considering they were sold to him and placed them in a drawer—he brought an officer, and had me locked up—they then went and searched my shop, and found the lasts in the drawers and one pair of old shoes, which he claimed—I was liberated at the watch house on my own promise to settle the business with the prosecutor, at his house, on the following morning—I went to him, and he told me to append at Guildhall the following morning, before the Alderman—I went, and was held to bail, and I now come voluntarily before you.

GUILTY . †Aged 53.— Transported for Seven Years .

1072. MARY ANN WOOD and FRANCES FELL were indicated for stealing, on the 30th of March , 1 watch, value 10 s ., the goods of Fre derick Wise , in a certain vessel, in a certain port of entry and discharge.

FREDERICK WISE . I am an apprentice on board the brig Sisters . On Friday, the 30th of March, I missed my watch from the cabin, about one o'clock—this is it—( looking at it )—the prisoners had been employed on board that day to clean the cabin.

Wood . When we went down into the cabin he was drinking spirits—he gave us some, and having had no victuals that morning, it made us drunk Witness . I did not give them any—they were not drunk.

JAMES THORNE . I am a watchmaker at Limehouse. On Friday last, about two o'clock, the prisoners came to sell me this watch, and asked if it was silver—I gave them 6 s . for it, which was the full value—they after wards returned and wanted it back, but I had received information pre viously, and they were taken into custody—they were not drunk the first time they came, but they were afterwards.

JOSEPH MONTAGUE . I am a policeman. When I took the prisoners hey had no money.

( The prisoners put in a written Defence, stating that they had picked up the patch which was lying about on the deck, and thinking it of no value, gave it to a child to play with on board, and that being in want of food afterwards, they took it to the watchmaker, and finding it was silver, sold it to him for 6 s .)

WOOD *— GUILTY . Aged 21.

FELL *— GUILTY . Aged 39.

Transported for Ten Years .

1073. JAMES GOAKAM and JAMES BARTON were indicted for stealing, on the 3rd of April , 1 hat, value 2 s . 6 d . the goods of James Cornish the younger , from his person.

JAMES CORNISH, JUN . I live with my father in Britannia-terrace, City-road—he is a musician. I know the prisoners by sight, but never spoke to them—on the 3rd of April, about half-past eight o'clock, I was coming down Plummer-street, with two of my school-fellows—it was dark, out there were lamps, and one of the prisoners (I do not know which) knocked led off my hat—I am quite sure they are the two—Goakam picked it up, and they both ran away—I ran after them, crying "Stop thief!"—Goakam then gave the hat to the other who ran on, and he came back and asked me if I was running after him—I said, "Yes," and asked him where my bat was—he pointed to the spot where it was, and said, "There it is, then" hit me on the side of the face, knocked me down, and ran away—I met a policeman and informed him of it.

Cross-examined by MR. CHAMBERS . Q. What are the names of your two school-fellows who were with you? A. Sears and Aldridge—they are not so old as me—they did not run after the prisoners—they stopped behind where the hat was knocked off—I have never found my hat again—I had seen the prisoners before, standing at the corner of Pitfield-street, opposite my father's—I had never spoken to them before—I do not know whether they were drunk or sober—they came out of a court there, as if they were going to pass by me—then knocked my hat off, picked it up, and ran away—they were close to me when they did it—not behind me—they met me, and seemed as if they were going to pass me at first.

JAMES CORNISH, SEN . On Tuesday evening, at half-past eight o'clock, my son came home in a very agitated state without his hat—his face was swollen very much, and was very much blackened, as if there had been a violent blow.

Cross-examined. Q. What was the value of the hat? A. I suppose about half-a-crown, or a little more.

THOMAS ZINZAN . I am a policeman. I received information, and took Goakam—he was in company with two prostitutes—I afterwards appre hended Barton in company with the same two.

( The prisoner Barton put in a written Defence, declaring his innocence, and storing, that he must have been intoxicated—also stating, that he was engaged on board the Nautilus, to go to New South Wales .)

GOAKAM — GUILTY . Aged 21.— Confined Six Months .

BARTON — GUILTY . Aged 18.— Judgment Respited.

1074. WILLIAM TARRAN was indicted for embezzlement.

JOHN MINTON . I keep the Shepherd and Flock public-house, in High-street,

Marylebone. The prisoner was my pot-boy—it was his duty to receive money and pay it to me—he has not paid me 2 s . received on the 27th of March from Mrs. Cavanagh, nor 1 s . 8 d . from Mr. Cartwright—I was his duty to pay it to me the same night as he received it.

SAMUEL CARTWRIGHT . I am footman to Mr. Borley, of Mansfields-street. I deal with the prosecutor—on the 27th of March I paid the I paid the pri soner 1 s . 8 d . for beer had from his master.

BRIDGET CAVANAGH . I have been in the habit of having beer of the prosecutor. On the 27th of March I paid the prisoner 2 s . for his master Prisoner , I intended to have paid it the night I was taken.

(The prisoner received a good character.)

GUILTY . Aged 29.— Recommended to mercy .

Confined Three Months .

1075. RICHARD THOMPSON was indicted for stealing, on the 5th of March , at St. Pancras , 1 box, value 10 s .; 6 sheets, value 2 l .; 3 shirts, value 1 l .; 2 table-cloths, value 10 s .; 4 shifts, value 10 s .; 34 towels, value 5 s .; 1 sovereign, and 2 half-crowns; the goods and monies of George Wigg , in his dwelling-house; to which he pleaded

GUILTY . Aged 21.— Transported for Ten Years .

1076. RICHARD THOMPSON was again indicted for feloniously steal ing, on the 12th of March , at St. Marylebone , 1 basket, value 4 s .; 5 shirts value 2 l . 10 s .; 3 shirts, value 2 l .; 1 night gown, value 6 s .; 4 curtains value 1 l . 10 s .; 5 pairs of drawers, value 12 s .; 4 petticoats, value 12 s ; 4 sheets, value 1 l . 4 s .; 3 pillow cases, value 6 s .; 2 table cloths, value 1 l .4 s ., 13 napkins, value 1 l . 10 s .; 30 towels, value 12 s .; and 1 table cover value 6 s .; the goods of William Chapman , in his dwelling-house; and THOMAS PARKINSON and GEORGE COX for feloniously receiving 4 sheets, part of the said goods, well knowing them to have been stolen; against the Statute, &c.; to which THOMPSON pleaded

GUILTY . Transported for Ten Years more .

MR. JONES conducted the Prosecution .

ANN HARDING . I am in the service of William Chapman, of Wimpole-street. On the 12th of March, between half-past six and seven o'clock in the evening, the prisoner Thompson came to me and asked for some line for the Acton carrier—I gave it to him in a basket—I had never seen of known any thing of him before—Graham, the Acton carrier, had been in the habit of calling for linen—I. went to the door when Thompson came for the things—I did not see anybody with him, or near the door.

WILLIAM ROBERT MAYNARD . I am shopman to Messrs. Newby, pawn brokers, Drury-lane. On the 12th of March Parkinson came to the shop, about a quarter before eight o'clock in the evening, and offered to pledge two sheets—I did not hear him ask for any thing—I asked if he was not the person who had come on the Monday previous with two sheets—he said "No"—(he had on the Monday previous pawned two sheets at our shop, and I had put on the ticket the name of John Way—I do not know whether it was Way or Wigg)—I then shut the door, and fetched a policeman, and gave him into custody—I asked him where he lived—he said in James-street Drury-lane.

Parkinson . I did not pledge the other sheets—I was not in town at the time, and at Bow-street he could not swear to me as being the person who pledged them.

Witness . Yes, I did—the name of Wigg is on the ticket.

THOMAS HEDGES . I am a pawnbroker in Drury-lane. I produce two sheets which were pawned at my shop for 6 s . on the 12th of March, between seven and eight o'clock in the evening—I believe the prisoner Cox to be the person—he gave the name of Cox, and said he lived at No. 13, James-street, Covent-garden—there is no James-street, Drury-lane—Mr.

Chapman's name is on the sheets.

Cox . I did not pawn them. Witness . I believe him to be the man—have tome little doubt, as ten days elapsed before I saw him again, but far as my recollection serves me, he is the man.

JOHN BLACKBOROUGH . I took Parkinson into custody in Messrs. Newby's Shop on the 12th of March—I received this pair of sheets at the same time—he was asked How he became possessed of them, and he said they were given to him—he did not say by whom.

JOHN GRAHAM . I am the Acton and Bayswater earner. I was em ployed to call every other week for the prosecutor's dirty linen—I never au thorised Thompson to apply for it—I know him by sight, being employed the neighbourhood, but was not acquainted with him in any way.

( Property produced and sworn to .)

JOHF KIRKMAN . I am a policeman. I apprehended Cox on the morn ing of the 14th of March in Went worth-street, White chapel, in company with Thompson—I told him I apprehended him for stealing some linen from Brooks's, in Pall-mall—they both denied it—I brought them to the Station-house in Bow-street—before that Parkinson had been apprehended by Poeock—we asked him where he lived, and he said in Wentworth-street, Whitechapel—we went there, and saw Thompson and Cox go into the house—we followed them in—it is a lodging-house—we there found pro perty some of which was claimed by Parkinson, some by Cox, and some by Thompson.

THOMAS POCOCK . I am a policeman. I saw Parkison in custody at Bow-street—he told me he lived in Wentworth-street—two nights after wards I went there with Kirkman, and there apprehended Cox and Thompson—I found some clothes, and a dressing-case there, which Park-person owned, and also a certificate, showing that Parkinson was entitled to sixmonth's gratuity from the Queen of Spain—I have made inquiries at No. 13, James-street, and no such person as either of the prisoners lived here.

Parkinson's Defence . I am innocent of the charge—if Thompson is throught forward he will tell you I know nothing at all about it—he gave he the property, and asked me if I would pledge it for him, and told me that name I was to pledge it in.

Cox's Defence . I know nothing about the property—Thompson gave it to me, and told me what name to pledge them in—I did not pawn the sheets—it was three shirts—I met him in Hoi born, and he asked me to pawn the three shirts for him—I know nothing about the sheets.

PARKINSON - GUILTY . Aged 23

COX - GUILTY . Aged 19.

Tansported for Seven Years.

(There were two other indictments against the prisoners.)

1077. SAMUEL INCE was indicted for stealing, on the 15th of Feb uary , 1 umbrella, value 20 s ., the goods of William Waller .

WILLIAM WALLER . I am an orange-merchant, and lire in Botolph lane. On the 15th of February a person came to my shop, and asked for an umbrella to mend—he was rather a shortish, stoutish man—(I think had seen him the day before, when he came in, in the same way, and asked if I had an umbrella to mend)—I should know the man again—I said lie might mend one if he would bring a stick and do it at my house—it was the prisoner—he did not give me any name, but he gave his adders "Bear-yard, Bear-lane"—he said he would return the umbrella in about an hour, but he did not return—he left two old umbrellas behind—I saw confident he is the man.

Cross-examined by MR. CHAMBERS . Q. Did you not see the prisoner the instant you came into the room just now? A. No, 1 did not—I was swear that—I did not look that way—I am certain it was on Thursday, the 15th of February, that I gave him the umbrella, for I was packing up some oranges to go to Norwich that day, which makes me remember it—I had seen the same man the day before, the 14th, about two o'clock—I think it was the day before, but I will not swear it—since that, a man named castles has called on me with this umbrella—( producing one )—it is not mine—took it of the man by the Magistrate's orders—I did not give the man in custody—I was not told to do that, only to take the umbrella if it came the prisoner left two old umbrellas as security for mine.

WILLIAM WALLER, JUN . I am the prosecutor's son. On the 15th of February the prisoner came to our house for an umbrella—I had seen him the day before, when he came about two o'clock—I am sure he it the same man that had been the day before.

Cross-examined. Q. How was the man dressed that came the day before? A. With a blue coat and bright buttons—I did not notice who waistcoat or trowsers he had—he was not dressed like the prisoner is not—I did not take particular notice of him—I was very busy packing orange and I just looked up as he was standing there—ray father took me to the police office—he did not point the prisoner out—he did not ask me whether he was the man—he said nothing to me—it was about a month after I had seen him.

NOT GUILTY .

1078. WILLIAM WADE and SAMUEL ROBINSON were indicted for feloniously breaking and entering the dwelling-house of Philip castare on the 25th of March , and stealing therein 3 fowls, price 1 l . 5 s .; 4 lane pigeons, price 30 s .; and 2 tame doves, price 5 s .; his property.

PHILIP CASTANO . I deal in birds, and live in Old-street, in the parish of St. Luke—I am the occupier of the house, and dwell there. on Sunday the 25th of March, about eight o'clock in the evening, a knock came at the door—my wife and myself were the only persons in the house—my wife went to the door in consequence of my son ringing at the bell—I went down stairs after my wife—my son said he had found the door open, and there was somebody in the shop—I opened the door, and found four of the pens in the shop had been stripped—I went into the back yard, and found the hens and a pair of pigeons which had been removed, in a bag, another bag empty, and a pair of doves, and two bantams loose, as just dropped out of it—they had been in the pens in the shop before—the thieves must have got in by means of a key which had been taken away a few nights before—they could not have got in in any other way but at the street door

there was no other way of getting into the back yard—I did not see any persons in the yard, but the prisoners were brought back by the police.

Cross-examined by MR. PAYNE . Q. Have you recovered all your birds? Yes—they were all found in my back yard except the doves, which had been taken over the wall, and were found in the back yard of another house, had one of them was found dead.

COURT . Q. Is the shop part of your dwelling-house? A. Yes, there a passage door which leads into the shop—I had seen the shop door shut life at seven o'clock—there were no marks of violence on it.

FANNT CASTANO . I am the prosecutor's daughter. On the Thursday before this happened, I had seen the key of the street door safe behind the door and missed it on Friday night—I saw Wade about the premises at the time.

Cross-examined. Q. How long was he there? A. Not more than ten minutes—he brought a cage home which he had been mending.

PHILIP CASTANO, JUN . I live in Anderson-buildings, City-road. I went to my father's house about eight o'clock on this evening, and found the street door open—I went into the shop, and found somebody had been there—I called a policeman, and we went into the back yard, and. discovered the birds and things lying about there in different directions—the police man went round one way, and I got on the wall, and met Wade on the top of the wall, which is fourteen feet high—I secured him—Robinson came up behind Wade on the wall, and the policeman took him.

Cross-examined. Q. How far was the place on the top of the wall, there you found Wade, from where the fowls where? A. Just above them—it was the wall of my father's yard—he was on the wall, and the fowls were on the ground.

MATTHEW PEAK . I am a policeman. I saw Wade coming along the wall behind Mr. Castang's house, and Robinson was coming along at the time I took them—this key was brought to the station-house by a witness, who is ill.

Wade's Defence . I went to Mr. Castang's house about half-past seven o'clock—Mrs. Castang was at the door—she told me thieves were in the house, and they had gone into the yard—knowing Mr. Castang before, having worked for him for three or four years, I went through the passage into the yard, and climbed up the wall, but saw no one—I was there ten minutes when young Mr. Castang caught hold of me and hallooed out, "I have got him."

(The prisoner Wade received a good character.)

WADE — GUILTY . Confined Two Years .

ROBIN SON — GUILTY . Confined One Year .

1079. CHARLES SEALEY , EDWARD BAILEY , and JOSEPH CALLAGHAN , were indicted for feloniously breaking and entering the shop of Henry James Wood , on the 18th of March , and stealing therein, 8 pairs of boots, value 2 l .; 1 other boot, value 3 s .; 1 pair of shoes, value 5 s .; other shoe, value 3 s .; and 1 bell, value 6 d .. his goods.

HENRY JAMES WOOD . I am a shoemaker, and live in Cumberland-street, Middlesex-hospital; my shop is in Broad-street, St. Giles's. About twelve o'clock on Sunday, the 18th of March, I left it barred and locked up as usual, and the goods all safe—as I was going away, I saw the pri soners Sealey and Callaghan standing with three or four others, about two

doors past my shop—at two o'clock I was culled by the policeman, and found my shop-window had been stripped of boots and shoes, the bell wrenched off the street door, and the side door of the passage wrenched of its hinges—they must have got in by that means—the bell has since been found, but nothing else—I missed five pairs of boots, three pain of shoes and some odd ones.

Cross-examined by MR. BALLANTINE . Q. What time did yon leave the shop? A. Twelve o'clock in the day—I noticed the two prisoner from among the others, as they were looking my way—the others had their backs toward me—I did not speak to them—I noticed them as I passed—they looked right in my face—I did not notice their dress, or whether they had hats or caps on—I did not see them again till the following Monday.

FRANCIS RANDER . I live with a widow lady, who keeps a cheese monger's shop, in Middle-row—I lodge in Broad-street, exactly opposide the prosecutor's house. About one o'clock on Sunday afternoon, the 18th of March, I was at my window, and saw three men go into the passaged of the prosecutor's street door—Callaghan was one of them—be appeareds to me to have something under his arm like a bag, going in—directly after wards he came and stood at the door, and looked—the other two went inside—a few minutes afterwards they all three came out, Callaghen first, with something in a bag, and crossed the way.

Cross-examined by MR. PAYNE . Q. What part of your house were you in f A. In the second-pair front—I was looking out of the window, hav ing a headach from being at work—there were not many people about on that side of the way—there was on the other side, coming from church.

PATRICK KENNEDY . I am in the service of Mrs. Apted, a fishmonger and live in Middle-row, Hoi born. On Sunday, the 18th of March, I was walking by the prosecutor's shop, and saw three persons come out of the passage at the side of the shop—Sealey was one of them—I knew his before—I cannot say who the others were—he had something in his pocket, but what it was I could not see—I did not see either of them with a bag—I saw them come out of the passage, and shut the door after them—having suspicion, I went and pushed it open, and found the door leading to the parlour waa open—I beckoned to my fellow-servant—he came down, and I gave information to the police.

Cross-examined by MR. BALLANTINE . Q. What were you doing on this occasion? A. Walking by—I was going to get my hair cut—it was one o'clock on Sunday morning—I was waiting for a man named Baker, who keeps a cab —I was not in the habit of associating with Sealey—I used to drive a cab . and so did he—I was about six months on the stand—I did not see him every day—perhaps not above twice a month—I had not had any quarrel with him of any kind—I never had a quarrel with him about his getting a fare from me—he never got a fare from me, that I know of—I have not got a very good memory, and very likely I might have had a quarrel with him and forgotten it—I never told him I would do him a turn for what he had done to me—not that I know of—I will not swear I did not—as I told you before, I have got a very bad memory—I have not the least knowledge of telling him he should never drive a cab again, but I have a very bad memory.

ROBERT HORNSBY . I am a policeman. I received information, on the 18th of March, and took Sealey into custody—I told him I wanted him, on

cuspicion of stealing some boots and shoes from the shop of Mr. Wood—he said he knew nothing at all about it—I saw Bailey and Callaghan in cus tody of a sergeant the same night—I went on Monday to a room where Bailey lives, and found two bags—I went to a privy in the court, where all he people there go to, and found this bell, which the prosecutor claims, in the privy.

Cross-examined by MR. PAYNE . Q. Was anybody with Sealey when on took him? A. He was in a room with others—I do not know who they were.

HENRYGRISS . I am a policeman. I took Bailey and Callaghan into custody in Monmouth-street, Seven Dials—they were together—I searched Bailey at the station-house, and found on him this piece of iron—after he said locked up I went to the prosecutor's shop, and examined the door, and the partition from which the hinges had been wrenched—I compared it with the marks on the door, and the point of it fitted exactly with the marks.

Bailey . I was at home all the day, which my friends can prove.

MR. BALLANTINE called

SAMUEL CROSSLAND . I am a coach-proprietor, and live in Horseferry-road Westminster. I know Sealey perfectly well—on the Sunday morning, after St. Patrick's day, having taken a little too much, I did not feel disposed to go out with my coach, and asked the waterman if he knew any one who would take care of it—he said, "There is young Sealey"—he had driven for me several times—I went to the court where he lived about twelve o'clock—I am sure it was about that time—it was just before church broke up—I saw him—he was in bed—I am certain it was not a quarter past twelve o'clock then—he said he would get up very soon, and tome, but I did not wait, and got another person—I saw nothing more of him that day—I know the witness Kennedy—whenever he and Sealey used to meet on the rank they always fell out—Sealey generally got the fares away from the other, which of course irritated him; and I heard him say, "The first apportunity I have, I will be revenged on you, so that you shall not drive a cab for some time to come." (Callaghan received a good character.)

CALLAGHAN— GUILTY . Aged 18.— Confined One Year .

SEALEY and BAILEY— NOT GUILTY .

1080. WILLIAM CLARK was indicted for feloniously assaulting Mary Clark , on the 7th of April , and stabbing and cutting her, with intent to do her some grievous bodily harm.

JAMES PRICE . I am fourteen years old. I live with my father—I worked with the prisoner—on Monday, the 2nd of April, I had been out for some eggs—when I came back my mistress, Mrs. Clark, was in the room—the prisoner came in, and I gave him the change—he said, "What makes yon so long making it out, you rogue? you are cheating me"—my mistress said, "Give the boy time"—the prisoner said something to her, and she gave him a punch . and knocked him off his chair, and ran out of the house—he did not do any thing to her—I told the Magistrate this—I did not see him do any thing—nobody has been speaking to me since I was before the Magistrate—I told him the same as I say now. (The prosecutrix being called, did not appear.)

NOT GUILTY .

1081. ELIZABETH STARKIE was indicted for stealing, on the 19th of February , 2 pairs of trowsers, value 12 s ., the goods of Thomas Delor : 1 shawl, value 10 s .; 1 handkerchief, value 6 d .; 1 pet ticoat, value 2 s .; 1 gown, value 4 s .; 1 yard of printed cotton, value 6 d ., the goods of Elizabeth Harrison : 1 handkerchief, value 7 s ., the goods of Benjamin Williams : 2 pairs of shoes, value 10 s .; the 1 shirt, value 10 s .; the goods of Samuel Andrews : 1 nightcap, value 6 d .; 2 decanters, value 2 s .; 6 sheets, value 4 s . 4 s .; 4 towels, value 3 s .; 4 pillow-cases, value 7 s .; table-cloth, value 7 s .; 2 handkerchiefs, value 2 s .; 4 dishes, value 4 s . 11 plates, value 3 s .; 26 knives, value 5 s .; 16 forks, value 3 s .; 1 flannel shirts value 3 s .; 1 waistcoat, value 3 s .; 1 pillow-case, value 3 s .; 2 table cloths, value 7 s .; and 1 sheet, value 10 s .; the goods of John Starkey , her master; and SARAH BELL , alias Starkie . for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

MR. JONES conducted the Prosecution .

JOHN STARKIE . I keep the Four Swans inn, in Bishopsgate-street, The prisoner Starkie came into my service on the 11th of February last, and remained till the 17th of March—inconsequence of something which hap pened on the morning of that day, I desired her to tell me who her friends were in town—she referred me to some at the West end of the town, but I found none of them—I returned home at night; and, in consequence of inquiries I made, I told her to leave the house—I had not seen Sarah Bel at my house that day—I had seen her there before, I believe—she came from the dirty linen, and brought a basket with her—when Starkie left my house that night, I followed her to No. 2, Blacksmith's Arms-place, kept by Mr. Flyn—I made inquiries there, and found a man named John Bell, at is 2, Lower Chapman-street—I set a person to watch—on the 22nd of March I went, and saw John Bell come out of No. 2, Chapman-street—he had a truck with him—I followed him to No. 5, Anthony-street—I saw two boxes brought out of there, and put on the truck—I followed him, and met two policemen—Nicholas followed him to St. Katharine's Dock, and brought him, with the truck and boxes, to the station-house—the boxes were opened there, in the presence of the prisoners, who had been takes there, and were found to contain property belonging to me, which is here—I never saw John Bell before that day—I have no reason to belive he was in the habit of coming to my house—this is my property—( looking at it )—it was all under my care at my house.

MARY ANN BOUCHER . I am. bar-maid to the prosecutor. While Starkie lived there I have seen Sarah Bell come there several times for the linen—she sometimes brought a basket—I never saw John Bell, to my knowledge, nor any man, with her—this property was missed from time to time, while Starkie was living there—on the evening of the 17th of March, the same evening as Starkie left, Sarah Bell came—I believe she had a basket with her—I believe Starkie was at home at the time—she said she was told by the other servant that Starkie was not at home, and she would wait for the empty basket; and while they were gone to empty it she went away, with out saying any thing at all—I never saw her at the house since.

JOHN NICHOLAS . I am a policeman. I was called on by Mr. Starkey, on the 22nd of March, and took John Bell into custody at St. Katharine's Dock, and took him, the truck and boxes, to the station-house—I after wards went with the prosecutor to No. 5, Anthony-street, and there saw Mrs. Chason—I inquired if a young woman was stopping there—she

denied it; however, I searched the house, and in the privy of the next house I found the prisoner Starkie—I told her I wanted her for a robbery—she said nothing to that—Sarah Bell was brought there by another officer, and we took her, Starkie, and Chason, to the station-house—boxes were opened there, in the presence of them all, and this property, which has been produced, was found in them—I asked Starkie if she had he keys—she said they were not locked—I found them corded and nailed, but not locked—I did not ask whose boxes they were, and neither of them said anything about them.

JOSIAH CHAPLIN . I am a policeman. I took Sarah Bell into custody, at No. 2, Lower Chapman-street, on the 22nd of March—I asked her if the knew any thing about Elizabeth Starkie—she said, "No"—I searched he house, and found fourteen blue and white dishes—she lived there—she did not tell me so—she appeared to be at home—she said she had a child, about three months old—I said she might take it with her—it was a bed in a back-room, and she went and fetched it. Elizabeth Starkie . It was my child. Witness . Bell took the Child with her to the other prisoner, who is its mother.

WILLIAM SAWYER . I am a police-sergeant. I was at the station-house, on the 22nd of March, when the prisoners were brought there, and saw the different articles taken out of the boxes—some of the linen was marked J. B.—the prisoner, Starkie, said to John Bell, "Those articles marked J. B. are your property, and those marked J. S. are the property of my husband, you know that, if you like to speak the truth"—on which John Bell said, "Oh, you d——d soft one; if I am asked the question I will well the troth, in what way the things came to my house, and who they belong to; you have no right to bring more people into it than are guilty"—she made no reply.

Starkie . I never mentioned such a thing, and never heard John Bell say it.

ELISABETH CHASON . I live at No. 5, Anthony-street, and carry on he mangling business. I know both the prisoners—Sarah Bell lives at No.. 2, Lower Chapman-street—on the 18th of March Starkie came to me and asked me to provide her with a lodging, as her husband, she said, had injured her in her employment—I agreed to take her in for a few days—on Sunday Morning John Bell came with her, and brought two boxes, which were put into my kitchen—those produced are the same boxes—on Thurs day the 22nd of March, John Bell came to my house with a truck—Starkie was at my house at the time—the boxes were put on the truck and taken away—the officer afterwards came, and I denied her—she did not tell me to do so particularly—I did it of myself, because she had deceived me—I was taken into custody myself, and afterwards liberated.

JAMES LEA . I am an officer. I searched the house, No. 2, Lower Chapman-street, where John Bell lives, the day after his apprehension—I found these three keys, two of which open the two boxes—I received fourteen duplicates from Jane Gill, four of which are for property pledged belonging to the prosecutor—I also found other keys, which open a drawer in the prosecutor's house, where the property was taken from, and among them were skeleton-keys—they were hanging up in Bell's house—this night-cap, which the prosecutor claims, I found in Chapman-street—I also have two table-cloths, which were given up by Fowler, which the prose cutor claims.

JANE GILL . I have been put into Bell's house since they have been is prison, under a distress for rent—I found the fourteen duplicates, which I gave Lea, in the oven there this day week.

HENRY FOWLER . I am a pawnbroker. There is a duplicate among these for two pairs of shoes, pledged by a person named Ann Bell, of No. 2, Chapman-street—I know Sarah Bell, but I have no recollection of her pledging that particular property—she has been in the habit of pledging at our shop for four or five months—these two table-cloths was pledged by a woman named Bell—I have two duplicates corresponding with those found in the oven—I cannot swear that she is the woman that pawned them—Lea gave me information of the robbery—I sent to the station-house to say that such property was pledged in the name of Bell and produced them at Lambeth-street on Monday last.

RICHARD GRIFFITHS . I am assistant to my father, who is a pawnbroker in Commercial-road. I know Sarah Bell by sight—a shirt and two pairs of stockings were pledged with us for 5 s .—I cannot tell who by, posi tively, but I believe her to be the person—the prosecutor claims the shirt

STARKIE- GUILTY . Aged 29.

BELL- GUILTY . Aged 37.

Transported for Seven Years.

(There was another indictment against the prisoners.)

Third Jury, before Mr. Recorder .

1082. CHARLES ELLIOTT and GEORGE REED were indicted for stealing, on the 31st of March , 11lbs. weight of pork, value 6 s . 6 d .; the goods of John Bosworth ; to which

ELLIOTT pleaded GUILTY .— Confined Six Weeks.

WILLIAM HOOKER ( police-sergeant D 3.) On the afternoon of the 31st of March I saw the prisoners in company with two others, going to different shops—I saw them pass the prosecutor's shop about fifteen yards and they stopped all four together in conversation—I saw Elliott go back to the shop and drag a piece of pork out—the others were quite near enough to see what he did—he then went down Seyraour-place, turned a comer, crossed the road, and joined the other three again, and seemed is conversation with them—they all went down Seymour-place together—he had the pork under his coat—I went up to him, and seized him—We struggled and tell, I undermost—when I got up I saw Bead running—I called "Stop thief," and after some time be was brought back—I secured Elliott with the pork, and in going to the station-house he said he did it through want—while I was searching Read, he said, "I certainly did speek to him, but I did not know any thing of him"—I had watched them, and seen them in communication at different shops—each could see what the others did.

JOHN BOSWORTH . I am a butcher, and live in Crawford-street. The pork found on Elliott is my property—I lost it on the 31st of March from my shop board, inside the shop.

Reed's Defence . I met Elliott and the other two—I had just did them good night, and was going home—I did not see him take the pork—I never did such a thing in my life—I always thought Elliott to be a respectable young man—I have lived in several gentlemen's families.

(The prisoner received an excellent character.)

NOT GUILTY .

1083. JOHN APPLEBY MARLOW was indicted for a misdemeanor.

MR. JONES conducted the Prosecution .

WILLIAM SHANE . I am warehouseman to Robert Davis Rea, wholesale cheesemonger, in Upper Thames-street. On the 10th of March the prisoner came to our shop, and inquired if we had any fine butter—I said we had—he said Mr. Swainson had sent him down for a cask, as he had not a pound of that description to go on with—I showed him some, which be did not approve of—I showed him some more, and he said that would do—it weighed from 50 lb . to 60 lb., and I think it came to 2 l . 6 s . 2 d .—before he took it away I required him to sign his name to a receipt for it—this is it—he signed "C. Dix" in my presence—he said Mr. Swainson was very ill with the headach, that he was subject to it, and unfortunately it occurred almost every Saturday—that was his day, and he was in his employment every Saturday regularly, and in consequence of his having a headach, he was obliged to have a person of the name of Temple in the shop, to assist him.

Cross-examined by MR. DOANE . Q. What did be say when Mr. Swainson's name was first mentioned? A. I think he said, "I am sent by Mr. Swainson"—he mentioned about the headach afterwards, while I was showing him the butter—I did not know anybody of the name of Dix—he was a stranger to me—it was about seven o'clock in the evening—I cannot say whether it bad struck seven—it was after half-past six o'clock—it was about seven o'clock, to the best of my recollection.

COURT . Q. Did you let him have the butter on his representation that he came from Mr. Swainson? A. I did—I gave credit to Mr. Swainson—I have not a doubt of the prisoner being the man who came.

MR. DOANE . Q. Did you not express a doubt at one time? A. Never—I never said I thought he was the man, nor any thing of the kind—no person pointed him out to me—I pointed him out the first time I saw him.

JOHN SWAINSON . I am a cheesemonger, in Clare-market. The pri soner was in my service about two years ago, but not since—I had a per son named Dix in my service, but he left me two years and a half ago—there is not the least resemblance between the prisoner and Dix—I did not desire the prisoner to go to Mr. Rea's warehouse, on the 10th of March, to get a cask of butter, nor at any time about that period—I did not receive any cask of butter.

ALFRED JAMES . I am in the service of Mr. Swainson. On the 10th of March I was sent out on an errand—I had just got as far as the corner of Clare-street, when the prisoner touched me on the shoulder, and asked me if I lived with Mr. Swainson—I said I did—he then asked me if Mr. Raa's cart had been at Mr. Swainson's that week—I said I did not know his ser vant, but I did not think he had—he then left me, went down Clare-street, and T went on my errand—I afterwards saw the prisoner at the computer, and identified him as the man who had spoken to me.

Cross-examined. Q. Did you say, when you saw him at the Computer, that you thought he was a little like the man? A. No—there were a number together—the gaoler asked me if I saw the man among them—I looked and said, "That is the man," pointing to the prisoner—those were the words I made use of—I did not qualify them in any way—he was with me two or three minutes—not longer—it was about forty or fifty yards

from my master's—it was from six to a quarter-past six o'clock-be had nothing with him, that I saw.

WILLIAM SMITH . I have known the prisoner about three years—we both lived at Mr. Swainson's together, and I have known him since—on the evening of the 10th of March, between six and seven o'clock, I saw him at the corner of Black more-street, where Mr. Swain son lives—he asked me if I had been to Mr. Swainson's lately—I said no, I had not, but I had heard Mr. Swainson had a bad headach, and Mr. Temple was living there—I went on as far as Chancery-lane, and left him in Fleet-street, as the left-hand side of the way—I do not know in what direction he went—I went down the Temple.

Cross-examined. Q. What time was it after you left Fleet-street? A. I cannot say nearer than between six and seven o'clock—we walked dirces—from Blackmore-street, past St. Clement's Church through the Bar—I was with him about ten minutes—he had a female with him—be met her is Drury-lane—he went away with her in Fleet-street, and returned alone to the corner of Chancery-lane—he was alone when I left him.

JAMES SELWAY ( police-constable F 11.) I took the prisoner into cus tody—he asked what he was taken for—I told him for taking a tab of butter from Mr. Rea—he said he never did.

MR. DOANE called

ELIZABETH COMPTON . I am single. I know the prisoner—on satur day, the 10th of March, I was in his company—I do not know the witness Smith—I did not see him that evening—it could not have been me he saw with the prisoner—I met the prisoner at the corner of Blackmore-stree, by an oil-shop, as I was going to market—I spoke to him as I passed—I went to inquire the price of some meat, and returned and saw him again by the oil-shop—I went home to my mother's, who was ill, and came back again to purchase a neck of mutton, and I saw him again—it was from seven as half-past seven o'clock—I am confident it had struck seven—he had no butter with him when I saw him.

Q. If they say at the time you saw him by the oil-shop he was at the prosecutor's, it must be a mistake? A. It must—I went with him into Drury-lane—he said to me, "Betsy, can you stand the market penny?"—I said, "I am not quite so poor as that"—we went to some wine-vaults is Drury-lane and had half a quartern of gin, for which I paid 2 d .—it was then twenty minutes past seven by the clock there—he had no butter with him up to that time.

COURT . Q. What time did you first see him? A. I saw him from seven to half-past seven o'clock—we went to the gin shop before I took the mutton home—I have no idea How long it would take a person to go from Thames-street to Drury-lane.

MR. JONES . Q. Might it be a quarter past seven o'clock when you first saw the prisoner that evening? A. No, I do not think it was—I have known the prisoner between six and seven years—he is no relation of me, only a neighbour—I had not seen him for a year and a half, I dare say, till I met him on this night—I know it was on the 11th of March I met for ferring back to the four Saturday nights for what I went to bought when I heard of his being taken, I found it was on the very night I brought the mutton that I saw him—he was with me when I went for it.

GUILTY . Aged 29.— Confined Twelve Months .

1084. WILLIAM CLARKE was indicted for feloniously breaking and entering the shop of Charles John Stewart , on the 19th of March , and stealing therein 6 printed books, value 1 l . 10 s ., his goods.

WILLIAM CRAWLEY . I am in the employ of Mr. Charles John Stewart, bookseller, in King William-street, Strand. On Monday evening, the 19th of March, about seven o'clock, I was in the back part of the shop, and heard a noise, as if the shop door was being opened—I went towards it, and saw the prisoner leaving the shop—he observed me, and ran away—followed and came up with him, as he stumbled—he turned, and struck me—he was stopped at the farther corner of Chandos-steet, without my having lost sight of him—six volumes of Shakespeare were given me—I did not see them found—I missed six volumes of Shakapeare, which I had seen safe not fire minutes before the prisoner quitted the door of the shop.

Cross-examined by MR. DOANE . Q. Did the person come into the shop? A. He did—I had a view of his whole person—I am sure he is the person—I saw him fall down—no one pushed him down—it was not six doors from our shop—it was not in the act of falling that he hit me—he struck me—I had endeavoured to take hold of him.

FIANCES GRAHAM . I am the wife of Joseph Graham, a painter, in Little Earl-street, Seven-dials. I was passing in King William-street, on the day in question—I heard a cry of "Stop thief," and saw a man run ning I observed him fall, and as he fell, he dropped six books, and his that fell off—I picked up the hat, and gave it to the young man who picked up the books.

Cross-examined. Q. Are you quite sure the books dropped from the person who fell? A. Quite sure—I did not see his face.

GEORGE PALMER ( police-constable F 125.) I was on duty in Bedford-street—I saw the prisoner running up Chandos-street, followed by three or four persons—he was stopped, and I took him into Mr. Stewart's shop—he was without a hat—a hat was brought into the shop, and he said it was his—I received the books from Garner, a policeman.

( Property produced and sworn to .)

GUILTY . Aged 21.— Confined Six Months .

OLD COURT .— Tuesday, April 9 th . 1838.

Second Jury, before Mr. Sergeant Arabin .

1085. SARAH WARD was indicted for stealing, on. the 3rd of April , 2lbs. 14oz. weight of leather, value 5 s .. the goods of John White . (The prosecutor did not appear.)

NOT GUILTY .

1086. JAMES STEVENS was indicted for embezzlement.

CHARLES GAYLER . I am a farmer, at Longford, in Middlesex. The prisoner was a labourer of mine—on the 13th of January I sent him with half a load of hay, to Mr. Gosden, at Brompton, with authority to receive the money—on the 6th of February, I sent him with three-quarters of a load to Mr. King—it was his duty to account to me for the money he. reeeived—on the 13th of January he returned, at night, and gave me 1 l . 17 s .—he said Mr. Gosden had no more change to pay him, and when he went there again he would give him the rest—on the 6th of February

he came, and said, "Mr. King had no more silver, and gave me 3 l . 7 s . 6 d .; and said, next time I went to town he would give me the rest"—I sent another man next time with the hay, and discovered this.

Cross-examined by MR. PHILLIPS . Q. Had not the prisoner the mis fortune to lose a sum of money of yours? A. On the 23rd of December he told me he was robbed of 11 l . 16 s .—he has only paid me 9 s . out of it—he was to pay me 3 s . a week.

JAMES GOSDEN . I am a fishmonger, and live at Fulham, I purcharse hay from the prosecutor—on the 13th of January the prisoner brought me half a load of hay—I paid him 2 l . 10 s .

WILLIAM KING . On the 6th of February I paid the prisoner 4 l . 2 s . 6 d .; for three-quarters of a load of clover.

JOHN DOBSON . I am the constable of the parish. I apprehended the prisoner.

(The prisoner received a good character.)

GUILTY . Aged 21 .—Recommended to mercy by the Jury.— Confined Six Months .

1087. THOMAS POWELL was indicted for stealing, on the 5th of April , 13oz. weight of cigars, value 1 l . 5 s ., the goods of Philip Costis .

ISABELLA COSTIN . I am the wife of Philip Costin, a tobacconist, is Agar-street, Strand. On the 5th of April I was in the room behind the shop, and saw the prisoner in the shop, kneeling in a chair, he leant over the counter, and reached a bundle of cigars out of the window—he got off the chair, and dropped them on the side of the counter—I went and stopped him from going out, by getting between him and the door—I asked him what he was doing with the cigars—he said he was doing nothing—he was very much confused, and asked me for a pennyworth of tobacco—two gen tlemen were in my parlour—they came out—one held him while the other went for a policeman—he denied knowing any thing about the cigars.

Prisoner's Defence . I went into the shop, and asked for a pennyworth of tobacco—the lady was in the room, with two gentlemen—one gentleman came and collared me, till the policeman was fetched.

GUILTY .* Aged 20.— Transported for Seven Years .

Before Mr. Justice Patteson .

1088. BENJAMIN ALISON was indicted for the wilful murder of Emma Crips .

MR. ADOLPHUS conducted the Prosecution .

MARY CRIPS . I live at No. 3, Capel-court, New Stock Exchange. I was the aunt of Emma Crips—I live with my brother, who was her father—I had seen her body after it was opened—that was the body of Emma Crips—I saw her a few days after the 9th of November, it may be the Wed nesday or Thursday following, at her father's house—the prisoner was with her—the conversation between her, Alison, and my brother, was any hostile, very threatening, and very abusive, on both sides; so much an. that my brother at last turned Alison out of the house, after he had threatened his life.

Cross-examined by MR. CLARKSON . Q. Both the deceased and the prisoner were very abusive to your brother? A. Both.

MARY ANN MILLS . I am the daughter of Charles Mills, and live at No. A. Great Leonard-street, Shoreditch. The prisoner and a young woman engaged the back-parlour of our house—they passed as man and wife—I saw the young woman after she was dead, on the 1st of March, lying on the bed-sacking, in the back-parlour, in their lodgings—I looked through the key-hole of the door, because my mother had been very suspicious of them while they were in the house—the room door was locked—I had heard some one go out of the room, about twenty-five minutes before nine o'clock—I do not know who it was—the door was locked, and the key was taken away—on looking through the key-hole, I saw Emma Crips lying of the sacking of the bed, a little before ten o'clock—I then sent for the parish surgeon, Mr. Finer, who broke the door open—I thought she was dead—I had heard no noise in the night, nor any thing of the kind—the prisoner used to be in bed very late—he used not to go out till about twelve o'clock'—in consequence of what I was informed, I searched the room, and the place clear it, to discover if anybody had been sick there, but I saw no such signs.

Cross-examined. Q. How long had they lived in the house before the morning when this happened? A. A fortnight and two days—it was a single room which they took—it had been furnished by my mother—they were to pay 3 s . 6 d . a week—they did not pay their rent—when they came to the lodgings they had nothing to the world with then but a piece I bread and butter—they had not got a change of clothes, and were very indifferently covered with those they had—my mother supplied them with and bedding, bolster and pillows, and a table—they were not particu arly destitute when they came—I did not know before this occurrence took place, that he had pawned the bed—I saw the body of the girl lying on the when I got into the room there was no bed—the pillows ware flock, they were not taken away—they were good for nothing, you could raise nothing on them—there was no covering of any kind left for them, except one blanket and the counterpane—they represented themselves as man and wife when they came—the prisoner gave right name of Alison—they sent for some coals when they were with us, which came to tenpence—they were paid for—I think they had half-a-hundred weight besides, but I do not know.

MR. ADOLPHUS . Q. Were these lodgings let as furnished by year Bother? A. Yes; it was not expected that person taking them should bring furniture with them—I did not know of their having made away with their bed, or any thing, till after the female was dead—I to not know in what state they were as to abundance or want, except that they did not any their rent.

EDITHA MILLS . I am the wife of Clarles Mills. He keeps the house where this young woman died—the prisoner and her took our lodgings on the 13th of February—they never paid any rent—they had been asked for it—on the morning the young woman was discovered to be dead, I heard some person leave the room, and I came to the door to look who it might be—this was twenty-five minutes before nine o'clock—the person who left the room went out at the street door, walking quick the room went out at the street door, walking quickly away—I went after them but could not see them—I heard a lock of a door turned, and I sup)posed it to be their door—there was no key left in the door—I sleep in the two-pair front room—I heard nothing at the pass in the right—I saw the

prisoner no more that day till the evening, when he returned with his mother, aunt, and sister.

SOPHIA BOSANKOE . I lodge in Mr. Mills's front-parlour, that is the next room to that in which the prisoner and the deceased lived—I remember the body being found dead on Thursday—in the course of the Wednesday night before that, I heard some person sick in the prisoner's room—I heard, like wise, a person moan—I should say that was another person—I should my it was a female voice that moaned—I then heard a person come out of the room, and go down into the yard—the person came in again, fastened up the yard-door, and went down stairs into the kitchen—he came up this again from the kitchen, and went into Alison's room—I heard a male voice ask for a handkerchief—I went to sleep, and thought no more of it till the next morning—on the following morning I heard Alison go out about half-past eight o'clock, I believe—I guess the time. I had no watch—I after wards heard of the dead body being in the room—I did not search the room, at any parts of the house, to see if there were any marks of sickness—the of ficer did, I believe—I saw nothing of any sickness.

Cross-examined by MR. DOANE . Q. You remember this night very well? A. Yes, I believe it was a very wet night—I heard a male person open the back-door, and I suppose go into the yard—the yard is open to the sky—I cannot say what time it was after—my room was quite dark—I went to bed, I think, about eleven o'clock—I cannot tell How soon it was the I had been to bed, as I had been to sleep—for any thing I know it might have been an hour—it was after the person had got back into the room that I heard him asking for a handkerchief—I heard no answer given to the question.

WILLIAM FINER . I am a surgeon, and live at No. 102, Curtain-road. I have the medical treatment of part of the poor of the parish—on the morn ing of Thursday, the 1st of March, I was called to the house where Mills lives, to the ground-floor back-room—the door was locked, and the key had been taken out—I looked through the key-hole, and there saw the body of some person lying apparently dead—I could see by the bed-clothes that there was no vitality, because there was no motion—I forced the door open with my knee, and on entering found the body of a female which has since been proved to be Emma Crips—the features of the face were those of a person who had died in a fit—she was perfectly dead, and from the little warmth that remained, I should suppose she must have been dead, varying from two to three hours—this was near upon ten o'clock in the morning—I cannot say for certain How long she had been dead—I hastily, at that time, looked over her person generally, but preceived no marks of violence about her, and no external cause to accounts for her death—on the table I perceived the fragment of some bread, and little portions of meat, two phials, and two tea-cups—the phials and the tea-caps each of them, appeared to have contained laudanum—by the smell and taste of each of them, I am satisfied of its being laudanum, and I should judge of the usual strength—on one phial was written, "Poison." and on the other, "Laudanum, poison," and part of the label of a particular chemist—I saw two papers on the table—I examined the body of Emms Grips externally, and found no bruises or marks whatever—on the Satur day morning, by order of the beadle, I made a post mortem examination of the body, and examined the stomach and intestines with care—I could find no traces of laudanum—I found nothing but the remains of the ordinary food

had taken—I found nothing of a deleterious character, nor any thing induce me to suppose that she had taken poison—I then proceeded to examine the head, and found the vessels of the brain highly congested, and the base of the skull a quantity of bloody serum. Quite sufficient to oc cssion oppression on the brain, and to be the cause of death—I found the food of a light meal in the stomach in a state digested—rather in the duo denum than in the stomach, it had been digested—if laudanum had been taken, at or about the same time with the food, the food would have taken up, the laudanum would have been absent—there was no smell of laud anum in the contents of the stomach, and there was nothing to disguise the smell; therefore, had laudanum been present, it would very easily have been detected.

Q. Would that be so if the food had got to the duodenum ? A. I believe, vegatable poison is so when taken up, so that we can hardly expect it to he found in the stomach, if digestion had taken place—if the food and lau danum had been taken at supper overnight, and I not examine the body or two or three days, the smell and appearance of laudanum would most decidedly have escaped—I should have expected that it would—the appear ance I observed about the brain very much corresponded with the ap prence usually observed in cases of death from laudanum.

Cross-examined by MR. DOANE . Q. You expected to find laudanum were, did you not? A. Yes, I examined the stomach with that view—was the contents of the duodenum, rather than of the stomach, that I examined—I forced them back on purpose—there was a moderate propor ation of food, I think about a tea-cup full of digested matter, in the duo denum , not much more—if sickness was not produced as a consequence, should expect to find some smell, if three-quarters of a tea-cup full had been taken.

COURT . Q. What size tea-cups were those you saw? A. From four to six ounce— the ordinary size tea-cup .

MR. DOANE . Q. Supposing that a quantity of laudanum had been taken on Wednesday night, am I to understand you to state, as a medical man, that in all probability there must have been traces of laudanum at the time you examined the duodenum ? A. I must state in reply, that considerable time had elapsed from the time of its being taken, and I would say the two bottles together would not hold so much lau anum—I should think to a person unused to laudanum that quantity would occasion death so quickly that there might be a portion of it remain in the stomach, but when the functioning go on for a considerable time after, we must expect absorption to go on.

COURT . Q. You think if three-fourths of a tea-cup full were taken by person not used to take it, death would follow so quickly, that a portion of the laudanum would be found in the stomach unmixed? A. Yes.

MR. DOANE . Q. You found some bottles there? A. I did—if they were each filled two or three times, they would fill each cup three-fourths full—the bottles themselves would have contained twelve drachms, or not quite so much as an ounce and a half—one was a half-ounce, and the other an ounce phial—if I had not seen the cups and phials, and had not heard any thing from any person, I should not have been able to say that the woman came to her death by poison—from the mere examination of the body itself, I should not have expected any thing of the kind—the

body was not at all in an emaciated state—quite the reverse—she was extremely fat—at—there was nothing to lead me to suppose that she was is destitute circumstances, from the appearance of the body, but the place was extremely destitute in appearance—in personal appearance she was very fat—from what I observed of the body, the appearances were on sistent with her having died from apoplexy—she died from apoplexy, from pressure of the fluid, the bloody serum on the brain—I cannot say whether that would be accelerated by taking a meal at the time the poison was taken into the stomach, after some abstinence—it might he produced by a variety of causes, independent of the meal—it is very used for apoplexy to come on during the night, particularly after a hearty supper, and the remains of supper being on the table, I may suppost they ate to satiety.

MR. ADOLPHUS . Q. With respect to the size of the phials, if I under stand you rightly, the two together would contain one ounce and half of liquid? A. About that quantity—a tea-cup varies from four to six ounces to fill a tea-cup the phials must have been filled and emptied several times—there was no vestige in the room of any thing besides, that had contained satiety.

Q. Would the contents of the two phials, divided between two per sons, have been sufficient to cause the death of either of them? A. very small doses of laudanum, smaller than that, have been the cause of death—three-quarters of an ounce is, with many individuals, about sufficient to scense death—at the same time, by habit, enormous quantities have been taken—the appearance of apoplexy would be the result of having taken landanum into the stomach—laudanum will destroy life sometimes by pro ducing apoplexy—that appeared to be the case in this instance—suppose ing it to have been taken, there was nothing at all in the appearence I saw, inconsistent with the supposition of death having been caused by taking laudanum.

COURT . Q. Was there any thing in the appearances which could not he caused by laudanum? A. No; but at the same time those apper ances might be occasioned by other causes, for instance, extreme anxiety of mind, ardent spirits, and some states of fever might produce the same appearance—Mr. Holmes assisted me in the examination of the body.

LUKE HOLMES . I am a surgeon, living in the Kingslaad-road. assisted Mr. Finer in the pod mortem examination of Emma Crips on the Saturday—I found her a very fat, healthy subject—on opening the stomach I found it perfectly healthy—the content were digested to a certain ex tent, and might contain six, or from that to eight ounces—there was nothing deleterious found in the stomach—no smell or traces of landanus whatever—the head was next opened—the vessels of the brain were large and full, with a quantity of serous fluid, tinged with blood, at the house of the brain—that I believe is as much as I observed.

Q. If the laudanum was mixed with food, and digested, and got into the duodenum, would that do away with all appearance or smell of laudanum? A. That is a question of great doubt—I have not known an instance of the kind—it is a very doubtful question to answer—I believe it to be pos sible that a quantity of laudanum, sufficient to cause death in seven or eight hours, might be so absorbed as to leave no traces of it.

Cross-examined by MR. DOANE . Q. If you had not heared anything about laudanum, should you have been able to account for the death? A.

On opening the heard I should have supposed that death was caused by apoplexy.

MR. ADOPHUS . Q. Are the appearances at all inconsistent with her saving died from the effects of laudanum? A. Not at all.

CHARLES WOOD . I live in Kingsland-road, Shoreditch, and am an as sistant to Mr. Beare; we sell laudanum at our shop. At the latter end of February, or the beginning of March, the prisoner applied to purchase some liodanum—he wanted a small quantity—I asked him who and what it was—he said it was for a medical gentleman, who was accustomed to take laudanum—I let him have a small portion—sixty drops, and after labelling the phial, "Laudanum, Poison," he paid 1 d . for it, and left the shop—it was a half-ounce phial—I have seen a phial which was found at the lodgings—I should say that was the same—the label was printed—it was on when I saw it afterwards—he brought the phial with him—I should say that was not enough to destroy or do mischief to any one—he did not come to me again after that.

WILLIAM WILLIS , I am an assistant to Mr. Eaton, and live in High-street, Shoreditch. The prisoner came to our shop on the 26th or 27th of February, and asked for an ounce of laudanum—I said, "We do not sell so large a quantity"—he then said, "What quantity can I have?"—I said, "One pennyworth, which is forty drops"—he said, "Let me have it" which I did—it was put into an ounce bottle of ours.

COURT . Q. That would not be half full? A. No, not one-sixth—he came again on the following morning, and asked for an ounce of laudanum—I replied again, "We do not sell so large a quantity, and besides I have let you have some already, and will not let you have any more," and I did not.

HUGH LEWIS . I live in High-street, Shoreditch, and am a surgeon. The prisoner called at our shop, either on Monday or Tuesday, the 26th for 27th of February—he asked for a small quantity of laudanum—he said it was for himself to take for the rheumatism—he produced a phial himself—we put one of our labels on it, and it was written on—he appeared per fectly sensible and rational at the time—I sold him one drachm—that is about sixty drops—"laudanum" was written on it.

Cross-examined by MR. DOANE . Q. Are you sure that there were sixty drops? A. Yes. perfectly sure—a very minute bottle might make eighty, ninety, or a hundred drops from a drachm, but with the bottle he had, it could not exceed sixty drops—there might be sixty or eighty drop—you can spin it out to eighty—I do not exactly remember what he paid for it.

MR. ADOLPHUS . Q. Drops will drop in different sizes according to the six of the mouth of the bottle? A. Yes; there is a graduated phial which will drop according to directions.

JOHN SCOTT . I am waiter at a beer-shop, No, 167, Whitecross-street. On Thursday morning, the 12th of March, the prisoner came to our shop about twelve o'clock—I do not know what he asked for at the bar—he brought a pint of beer in his hand into the tap-room—he called for the newspaper, and brought the Dispatch in with him from the bar—he called for another paper, and a daily paper was brought into him—he had two papers—in the course of an hour after his coming, he called for a slice of bread and butter—he sat there reading the papers till about five o'clock—I was in and out of the room, and at one time sat by his side for

nearly an hour—then he went away—he showed no signs of sickness is my presence, nor did he go to sleep, that I am aware of.

WILLIAM ATTFIELD . I am an officer belonging to Worship-street. I fetched the prisoner from Clerkenwell prison, on Wednesday morning, the 7th of March, to the office in Worship-street to be examined—I saw him in the yard, immediately before I came out of the gaol, tucking this paper under his arm—I asked him for it, and he reluctantly gave it to me—he did not tell me whose writing it was.

WILLIAM DEARMAN . I am a policeman. I apprehended the prisoner at his lodgings, No. 84, Leonard-street—this paper ( looking at it ) was not on his person when I searched him on the 1st of March—I saw it product by Attfield before the Grand Jury—the prisoner did not say any think about it then in my hearing—he did not say whose writing it was.

JOHN ADOLPHUS GEORGE BOUSTRED . I am clerk to the Magistrate at Worship-street I was present at the examination of the prisoner before Mr. Grove—he then made a declaration with respect to the offence he was charged with—neither Mr. Grove, nor any one else encouraged or induced him to say any thing—he was not at all threatened nor promised any thing—I took down his declaration, word for word, as he uttered it—I write short hand—on the subsequent examination I read it over to him in common writing—he said it was perfectly true, but he wished to add something fur ther—he then added something—he did not sign it, which was by the advice of his attorney, I believe.

Cross-examined by MR. DOANE . Q. Was his adviser present when he made the statement? A. I believe not—the whole of it was read over at him—that was on the second occasion, after I reduced it to common writting—the Justice was present at the time—the prisoner did not give any reason why he refused to sign it—( reads .)

"Thursday, March 2nd, 1838.—We both agreed to take poison—on Monday, we talked about hanging ourselves—and on Tuesday night we agreed to take it—but we did not take it till the Wednesday night—it was about 1/4 oz Laudanum—I bought it at several places in Shoreditch—I bought forty drops at one place—I cannot say How many drops I got—I get about twenty drops at two or three places—I got it in a small bottle which I took three or four times—I had it three times full—I took altogether three quarters of a tea-cup full, and so did she—we both laid down on the bed together—it was about 10 o'clock—in about a quarter of an hour I felt very sick—at six o'clock yesterday morning she was awake and breathing—I awoke again at nine o'clock—she felt cold, and I put my hand against her mouth—I lit a lucifer-match, which I held over her mouth, but I could not see any breath come from her—I got up and went to my mother's down Whitecross street, and did not know what to do—she told me not to go for a medical man—she was quite dead when she was cold—I had half-a-pint of ale at a beer shop in Whitecross-street—I do not know How long I was there, but I fell asleep—I went to mother's about five o'clock in the afternoon—I suppose I was at the beer-but I fell shop from the time I left home till I went to mother's—I locked the door when I went out—if I had sent for a medical man I had an money to pay him—we were in very great distress at the time, having pawned the bed clothes to support us—I had 300 l . left me in May last, but I spent it in my support.

7th of March, 1838. ( The prisoner further states )—"I was in very great

distress, completely starving—I am fully innocent of giving her the poison—we wished to die in each other's arms—we broke off a small piece of bread, and laid down on the bed directly, and we both drank it together.

SUSANNAH ALISON examined by . Mr. DOANE . The prisoner is a son of mini—the Thursday before he was taken up, he came to me about half past, 5 o'clock in the afternoon, as near as I can tell—I went with him to the place where the deceased was—he came and asked me to go—it was at that very place that he was taken into custody by the police—his father has been dead for some years—he died in a lunatic asylum—he was at Holly-house for a fortnight—we were frequently obliged to watch him for two or three years, his mind was in that deranged state—he was continually un sound—he was obliged to be watched for two or three yean—when I saw the prisoner on this Thursday he told me what had happened—he appeared very much agitated—I have often found him in a state of mental excitement, and have not considered him at times to know what he either said or did.

Mr. ADOLPHUS . Q. Pray How long has your husband been dead? A. Three years last August—he was in confinement at Holly-house between three and four years before he died—that is seven years ago—the prisoner will be twenty-two on the 24th of this month—he was never under confinement for any lunacy, nor an improper state of mind:—he has not been for some time in any full employ—he assisted me before he went away with the deceased—I sell shell-fish near the Royal Exchange—he assisted me in going to market, and doing what was to be done—he was not employed in any way for two or three yean—he was once employed as errand-boy in the office of Mr. Gotard, a notary—he was not there urben he went away with Crips—he had not been there for a length of time—he was at home assisting—he was with a stock-broker about twelve months or more—I think he left when he was between nineteen" and twenty—he left me, and went to live with Crips, on the 14th of June last.

COURT . Q. They might have been acquainted before that time? A. I believe they had been a long time—I do not recollect that he had been with anybody else—he was with me till he went to the stock-broker—he was with the notary before he was with the stock-broker, and when he was between twelve and thirteen he was with a stock-broker—my husband took him from Mr. Gotard's to place him with a pawnbroker, but he did not like it—I did not go to any one of these persons to tell them that my son was liable to any infirmity of mind, and desire them to take care of him—I had not seen him before I saw him on Thursday afternoon—I saw him on the Tuesday evening—he was in a state of great agitation—he did not tell me where he had been at that time—Emma Crips was not with him on Tuesday when he came to me—lie did not stop five minutes.

GUILTY . Aged 21.— Death recorded .

Before Mr. Justice Patteton .

1089. SIMON MARRIOTT was indicted for the wilful murder of Mary Warner .

MESSES. BODKIN and BALLANTINE conducted the Prosecution .

JANE GODWIN . I am the wife of Richard Godwin, and live at No. 15, Red Lion-street, Holborn. I know the prisoner—I went to lodge in his house on the 14th August; st—the house was at No. 2, Dolphin-place, Holborn—I knew the deceased, Mary Warner—I saw her on the first day I went—she appeared to be rather old—I saw her at the kitchen window

in front of the house—it is a kind of long window—I believe only one pane opens in it—it looks into a sort of area, but I cannot cell it an area, it is more like a hole—the window is below the level of the street—when I went there the pane of glass was in—two days after I went to lodge there I heard the deceased crying—I did not speak to the prisoner about it at that time, but I did about a week afterwards, when I heard her again, and his answer was that he was coming to her—I did not hear him go to her then—I heard her cry again, and I called him again—she was a few days after the other—on that occasion he went to her—I heard him open the door, and speak to her—I did not hear him come out again—I did not hear what he said—I left the house on the 30th of October—I never, on any occasion of the prisoner's going to her when she has been crying, heard what he has said—the door of the kitchen was in a confused sort of a place—it was always locked—I learnt that by her crying about half-past eight o'clock one night—she was screaming "Muffer" dreadfully crying to be let out—I have seen the prisoner come out, and saw him lock the door always when be came out—I went and tried it once, and found I locked—on the night she cried "Murder" I heard her. trying to get out—she did not succeed—that was the occasion on which I tried the door, and found it shut—I then communicated with the rest of the lodgers—I went into Mr. Marriott's house, which is No. 1—I lived in No. 2—the old lady lived at No. 2—I went down with them the kitchen, and we put a candle through the pane of glass, to help her to see herself to bed—it was half-past eight o'clock in the evening, about the middle of October, about a fortnight before I left—there was no light in the kitchen the whole of the time I lived in the house—I never saw any light in the kitchen—I never saw a fire—I had a large Are myself—it was cold at the latter end of August—I lived in the back parlour—when I looked through the win dow, with the assistance of the candle, I saw the old lady—she was an dressed—she had only her shift and stockings on—I could not see her get into bed, because the bedstead was in a corner—the night she was scream ing dreadfully, I went down stairs and asked her for the key, and said "You have locked yourself in"—she said, "No, I have not"—I said "You had better give me the key through the door; you have locked the door"—she said, "No; I have never had a key; I have always been locked in since I have been here"—I spoke to the prisoner three times on the subject of the old woman, and he always sod he was coming—he never expressed himself in any way about the old woman—when he said he was coming, I never heard him go to her—I must have seen him if he had gone—I did see him go once, but not at the time called him—on one occasion I saw the kitchen door open, and heard the prisoner reading something, which I believe to be a Bible—on that occa sion the deceased appeared contented—I never heard him do any thing to her on any other occasion—a few days after that I heard her crying again—I told the prisoner of it—I did not hear him go into the kitchen then—she got out of the kitchen one day, and got stairs to the third floor—the prisoner came to me, and said, "Mrs. Godwin, have you seen any thing of the old woman?"—I said, no, I had not seen her—she went up stairs, and he found her on the third floor—when he came down, he said, "What are you doing up here?"—I did not hear her reply—he said, "You are too dirty to be seen"—she said she could not help it and I heard her crying—I was never in the kitchen—I never saw any of the lodgers, except the old woman, in it—the door was never open when

he candle was put in at the window, it was from the area—there was the commonest sort of furniture in the kitchen—she looked round, and said, why should she be locked up in that hole, she had property, Mr. Marriott had taken her property—(my furniture was my own—I believe the prisoner let no furnished lodgings)—she said she would rather be in a workhouse than she looked up where she was—I never heard her complain of want of food.

Cross-examined by MR. PAYNE . Q. How long before you left was it that this happened about the cry of murder? A. In the middle of October, about a fortnight before I left—Mr. Marriott always locked her in the room—asked her for the key one evening, not knowing that Mr. Marriott had pocked her in—I never saw her with a stick—I cannot say that she was lame—I think she was not—I will not swear it—she stooped a little—there was Mrs. Marriott—I never saw Mrs. Marriott go to her but once—I was generally at home—I was obliged to go out some times—I was the greatest heart of the time at home—my husband is a lawyer's clerk, and he lives at come—he supports me, and has a family of three children—I did not tell Mr. Marriott of the cry of murder and police, and putting the candle into the hole, but the lodgers did, because they told me so—I never saw Mrs. Marriott go to the woman but once—I never looked into the kitchen in the daytime—I never could see the lady—I am not in the habit of going out in the evening—when Mr. Marriott found. I spoke about the old lady, he gave the notice to quit—I never knew any other reason—he did not tell me, at the time he gave me notice, that it was for bad conduct, and that I should not stay in the house any longer—I have seen a Mrs. Cruikshanks—she lived in the same house with me—I was examined before the Coroner—I had a large fire in my room at the latter end of August—the cry of "Murder" and "police" took place about half-past eight o'clock in the evening—it was dark—the old lady was not in bed when we saw her—I did not understand that she had fallen out of bed—I understood that she wanted to get into stopped—she was undressed—I did not tell Mr. Marriott of that—I was mar ried at Paris—I have been married seven years to the lawyer's clerk—we were married at St. Rolph's chapel—the last situation my husband had in England was in Sergeant's Inn, in Fleet-street—I can hardly think of the name of the person he was clerk to there—that was about six months ago—he has been to Belgium—I have not been with him—he went there at the time he left—it was Mr. Fiddey he was with—I cannot tell why he left Mr. Fiddey—he has been two months at Belgium, and is not come back—he left Mr. Fiddey about a month before he went to Belgium—I have maintained myself since by his sending backwards and forwards—he was in Belgium when I last heard from him—I cannot say where he is now—I was married by a Catholic priest—I am not a Catholic, but my husband is—became acquainted with him in this counter—I might be as well married at Paris as here—we travelled together to Paris, and certain parties with us—I cannot say exactly whose employ he was in at the time—be was a lawyer's clerk then—I have no certificate of my marriage with me—it is at home—it is in the French language—I understand very Tittle French—I cannot tell the name of the town in Belgium from which I last heard from my husband, unless I had his letter here—I was before the Magistrate—I was not asked for my certificate.

MR. BALLANTINE . Q. Is there any pretence for insinuating you are not married? A. Not that I know of—there were other lodgers in the house besides me—I do not know of their complaining to the pri soner

of the ill-treatment received by the old woman—I know that the other lodgers left, but why, I cannot tell—one left before me—she was not sent out of the house because she was a nuisance—she gave the prisoner notice, and he gave her notice after that, I believe—I did not give him notice—he gave me notice—he did not say why—he desired me to stop a few days if I was not suited.

MARTHA SMITH . I am single. I now live at No. 15. Quicksett-row New-road. In April, 1837, I went to lodge at No. 1, Dolphin-place—I did not know the deceased by name—I know an old woman lived in the house—I saw her the night she was brought there, which was about a month or six weeks after the time I went to live there—I saw her in the passage with Mrs. Marriott—she occupied the back parlour of the house No. 2—I should say she occupied it not more than three weeks or a month at the most—after leaving the back parlour, she went into the front kitchen—I was in it the day it was prepared for her reception—there was furniture brought the night she came—she was brought to No. 1 at first—that was the night the furniture was brought—I do not know How much furni ture there was—I believe some part of it was sold—I have seen the pri soner cleaning up furniture for sale—I do not know whether that was part of the furniture that was brought in for her—I did not see furniture at all—it was brought in the night—there was no furniture is the kitchen subsequent to the day I saw it—I cannot say whether she went into it that night or the next day—Mrs. Marriott said it was being prepared for her reception—I saw her in it the same week—I never heard the prisoner or his wife talking to Mrs. Warner—I never heard her name till after her death—I left on the 14th, and she died on the 19th—I used to ask after her as the old lady—he and his wife used to tell me repeatedly that she was well, and better than I was—I lived there from April till the 14th of February this year—at the time I left the old lady was alive—the servant has been standing at the door, and Mrs. Warner has walked about Dolphin-place, and talked to me—for five months before her death I never saw her out of her room—I have spoken to her in the kitchen before Mrs. Marriott—about the middle of October, I was sitting in the parlour occupied by Mrs. Robinson, in the house No. 1—there came repeated knocks at the door for Mr. Marriot—they were not answered by him—be was not in the house at the time, nor his wife—we went to the door, and I went with Mrs. Godwin—Mrs. Warner was screaming "Murder," and trying to get out—the entrance to the kitchen is from the area of the house No. 1, over a sink—you might go from the house No. 2—when I heard the scream, Mrs. Robinson and Mrs. Godwin went through to the door, out of the area, with a candle—I staid above—I went to the gate to try and find a policeman to come , but I could not see one—the old lady came to the window—she said that she had got out of bed and could not get in again; and she wanted to get away from there—there was no fire in the room, and she had no light, and it was about half-past eight o'clock at night—she said they had got her clothes—she did not mention names—she said they had got her clothes and furniture—all she seemed to want was to get away—I was absent part of the time while Mrs. Robinson was holding the light—I have spoken to the prisoner about the old lady—I was cleaning a few knives and forks once, and the servant came and locked the door of the kitchen, and jumped over the place where I was standing, which is where the sink is where

they ger over—I saw Fillingham the servant lock the door, and bring the key—the prisoner was standing at the sink of his own house, by the kitchen-door—I said, "How dull that poor old soul must be, shut up in a kitchen, after being used to a house to range about in"—he said, "How do you know she has been used to a house to range about in?"—I said, "From what you said yourself"—he said, "It would be much better for you to mind your own business;" and I said no more—I have seen the prisoner take food to the old lady three or four times—when I first saw the old lady, she appeared remarkably well, and her spirits very good—I should say I had not teen her for six weeks or two months before I left the house—she then appeared remarkably dejected, and very much neglected and dirty—she begged of me on one occasion to come down stairs and comb her hair—during the time the servants were there, the first servant in particular, she appeared always clean—that was the time she was living in the back parlour—I have been in the kitchen—there was nothing there but a dresser and fire-grate when I saw it.

Cross-examined by MR. DOANE . Q. Do you know where the station-house is in your district? A. No—I have an idea of course—I have seen a policeman in the streets—I did not complain to the police that the poor creature was cruelly treated—I did not think she was treated kindly, being locked up—I thought it cruel—I must say I did think she was cruelly treated—I mentioned it to Mr. Bernescol, hoping be would mention it—I knew if I mentioned it I should get into disgrace—I mentioned it to all my friends—I left it to others to mention it to the police—I did not tell the prisoner about hearing the cry of murder—it was after I had been told to mind my own business—she wanted then to get out of the place—she had a bed-gown on, and appeared as if she had been to bed—she was exceed ingly excited, and was crying dreadfully—she wanted to get out—she was bettering the door with a stick—she was soothed after we had been there about half an hour.

Q. Was she an infirm old lady? A. She walked without assistance—I have seen her walk on more occasions than one up and down Dolphin-place, but not for five months previous to my leaving—the weather has been, very severe this winter—I have been in the habit of asking after the old lady, and the prisoner used to say, "Why, my dear, she is better than yon"—my health has been very good—I am twenty-four years old—I think, she was seventy-four—it is as much as five months since I have seen her—my uncle and sister were living at the same place—I do not live there now—they live there still, but are going to leave—they would not have stopped so long if they could have got apartments to suit—I left on the 14th of February—I had a few words with my uncle, and I said we had better part friendly than unfriendly—I am now residing with a friend in the New and—a married woman, who has a family—my sister is living with my uncle at present—I never was out but on one occasion after twelve o'clock, and then I went to the theatre—the quarrel was not about my being out late—my uncle is sometimes out, and sometimes at home—I do not follow any business—I did then—I did work both at home, and out—I was more frequency out than at home in the daytime, but I was mostly at home at meals in—I do not wish to insinuate that the old woman had not above three males in ten months—I have known both Mr. and Mrs. Marriott take her food—when I heard the cry of murder I told my uncle of it when he came home, but he is a dreadfully nervous man, and I dared not interfere on that account—told him a few things that I had seen, but not all—my sister

was away from home—she was away for months together—what has hap pened has always been when my sister has been away, I suppose—I did tell her, and she said I had better not interfere in it, I should get into anger with my uncle—that was the reason why I did not mention it to the police—there were other persons that took it up as well as me—I partly supported myself by needlework—before the deceased occupied the kitchen it was occupied by another lodger—I do not know How long the lodger had left it—it was a room which had been occupied—I have been in the kitchen—I cannot say whether it was eighteen feet long—it is a boarded kitchen—by the window it is light, but by the fire it is dark—it is a large window, by which the light comes in two ways to the room—it is angular—if there was a screen to the window, a person outside could not see the fire—I have never been into the back parlour, which the deceased had before she went to the kitchen—I have been in the front parlour, over the kitchen—there are two kitchens—I do not know How many lodgers there were when the old lady was there—the house was full—they had one common place to go to get water—in order for the lodgers to get water, it was necessary for them to pass the door of the kitchen, where she was—on one occasion, she asked me to comb her hair—I did not do it—when the door was locked, How could I do it? Q. Although the door was locked she was in that state of mind to ask you to comb her hair? A. She wished for assistance—there were two servants, one after the other—I should say I saw her last, full two months before this happened—it might have been in January—the furniture came in the evening—I do not know who bought or paid for it.

MR. BALLANTINE . Q. Up to the time the old lady went to live in the kitchen, had her conduct been quiet and peaceful? A. As far as I know—I never before that time heard her call out murder, or complain of being under restraint—I have had conversations with her before that, and at dif ferent times, and she answered very sensibly indeed—I do not know whether there was a door between the areas when I first went—persons have no occasion to go into the area at all to get to the kitchen—there was not a kitchen of the same kind in our house—it was a square kitchen there—Mr. and Mrs.—resided there—that kitchen was carpeted—I cannot say whether there was any carpet in the kitchen where the old lady was.

ELIZABETH KERLEY . I am—the wife of John Kerley, and live at No. 20, Carlisle-street. I lived in Dolphin-place about twelve months—I went in September, and left last September—I have seen Mrs. Warner—I saw her first at the beginning of the summer—I recollect her coming about the month of June—she then lived in the back-parlour, and con tinued to live there about a month, or six weeks—I cannot recollect the time—I knew the kitchen she lived in, subsequently—I have been in it myself—I never was in it after the deceased was there—it was not carpeted before—I have seen the deceased in the passage often, going into the kitchen—I remember her going into the kitchen—the door was always locked—sometimes Mr. Marriott had the key, and sometimes the servant, Ann Price—I do not know the name of the other servant—there were two servants—I never heard her name—she always locked the door—I never heard Mr. Marriott tell her to lock it after her—I have heard the deceased complain of being kept in the kitchen, and ask why she was made a prisoner of—she once showed me a dry piece of bread—a person stood by the said of me—I asked her if she had not enough—she said it was too dry, she

could not eat it—it did appear to be very dry—I only saw it through the window—I never could get in—I never had any conversation with Mr. Marriott about it—I have called to him, when she has been crying for assistance—on one occasion he attended to the call, but it was an hour after—I had once some conversation with the old lady—I thought her replies perfectly sensible—there was nothing, that I observed, peculiar in her con duct—I never saw candles in the room—I could not get into my room without passing her window—if there had been a candle in the room I must have seen it—I never saw a candle in the room—I lived in the same house with her—we all cooked for ourselves.

Cross-examined by MR. PAYNE . Q. What part of September did you leave? A. I think it was about the 16th—we did not want candles very early—I am married—my husband is a stage-coachman—I went by my own name in the house—I never went by the name of Heath—that is my mistress's name—she never lived there—my husband is now driving the Wickham coach—I left Mr. Marriott, because my husband's business led ns to the West-end—I gave notice a fortnight previous to Mr. Marriott giving me notice—my husband was then going to drive an omnibus, and it was more convenient to leave—I cannot recollect when the deceased showed me a piece of bread—it was not while Ann Price, nor while the other servant was living there—I never said the old lady was being starved to death—I certainly do not say that now—I could hold a conversation with her through the window—it is a large window, that throws a great deal of light into the room—the fire-place was opposite the door—I do not know whether it was a comfortable room, as I never went into it.

MR. BALLANTINE . Q. I understand you never could get into it to see? A. No, not after the old lady went into it—I talked to her once, at the window—she was calling out for Mrs. Kelly—my name being Kerley, I went down to speak to her, thinking she had made a mistake—I went to live there in September, 1836—this rent-book, which I have, was made out in Mr. Marriott's handwriting, I think at first—I received it from him—it is headed "Mrs. Kerley"—I have passed by the windows when it was so dark that candles were required, and there were none—I did not think she was well treated—I have heard her cry for an hour together for assistance—I never had conversation with her enough to judge whether her conduct was such as to justify her confinement—when I saw her before she got into the kitchen, her conduct was quite quiet and rational, in my opinion.

ELIZABETH ROBINSON . I am the wife of George Robinson. We live at No. 1, Dolphin-court—we were both living thereat the time the old lady in question was living there—we went to live there on the 1st of August last—at that time I believe Mrs. Warner was living in the kitchen—on one occasion Mrs. Godwin mentioned something to me—in consequence of that I went to the kitchen window, where Mrs. Warner was—she was calling murder, and shaking the door violently—I desired Mrs. Godwin to fetch a policeman—I said to Mrs. Warner, "Has any one a key that will open the door?"—I endeavoured to pacify her—she said, "They have got me here, and all my good clothes and things; and see here, look at this Place, when I have got so much good furniture of my own"—I did not Particularly notice How the place was furnished, but it did not appear com fortable—I was looking through the window—I put a candle through a square of glass that was out—(this was in the month of October)—there was no means of closing the square—it appeared taken out of the frame—I said,

"How is it you are here; have you no friends, have you no nieces?" she said "No"—I said, "Have you any neighbours or friends? tell me and I will go or write to them, however great the distance"—she said, "No, no, they will not interfere"—I tried to pacify her—I lived there the whole winter—I passed the window when I came home, but it was but seldom—I passed it once a week at least—I never saw a spark of light there—when I came home in the evening, I tapped at my bed-room window for my child ren to let me in, and I could see the kitchen window—I know now where the fire-place is—if there had been any fire I must have seen it quite plainly—during the whole of the winter there was no fire in the room, not even a glimmering light.

Cross-examined by MR. DOANE . Q. It was but seldom you passed the window? A. Not above once a week—I live in the parlour, and com across to tap for my children to open the door—that is when I have passed her window, and sometimes I have gone on purpose.

Q. Are you prepared to swear, that during the severe weather there was a not a screen before the window? A. I saw nothing but dark—there was a green curtain—I do not know whether that would prevent my seeing or not—I think the cry of murder must have been in the middle of October—God win fetched me—Smith was there on the same occasion—the deceased wanted to get out—I did not hear her say that she had got out of bed, and could not get in again—I was so excited I cannot tell what she said—she was out of bed—she might complain that she had got out of bed, and could not get in again—I will not swear that she did or not—I rather believe she did—I saw her—I did not notice whether she was in her night dress—she might have it on, and I not notice it—I only looked through a window—after a time we succeeded in soothing her, and she got into bed—when we asked about her friends, she named one person, but said they would not interfere.

MR. BALLANTINE . Q. Had you other opportunities, besides when you passed the window, to observe whether or not there was a fire in the room; when you stood at your own window to tap to get in, could you see into the room? A. Yes, sometimes—that might be two or three times in a week, and sometimes not for a fortnight or three weeks together—I had not occasion to do so often about Christmas, that I know of—when I held the light to the window there was no screen in the room—the court is not a thoroughfare—there are three houses in it—they all belong to Mr. Marriott.

MR. PAYNE . Q. Which house do you live in? A. No. l—it is quite full of lodgers.

ELIZABETH TURNER . I know the houses belonging to Mr. Marriott, in Dolphin-place—I was one of the lodgers there—I took the apartments at No. 2, in March 20, 1837, and left on the 17th of May, the same year—I remember Mrs. Warner coming there—there was a van of goods come about an hour before—I do not know whether those goods were Mrs. Warner's—I never heard Mr. Marriott say any thing about them—they were taken to No. 1—she was taken to No. 2—I left in May.

Cross-examined by MR. PAYNE . Q. Was there a screen in the room? A. In Mrs. Warner's room there was.

MR. BALLANTINE . Q. What room? A. The back parlour in which she was first placed—I was there when she was taken into the kitchen—she was taken first to the back parlour, and then down to the kitchen—she was an invalid, and was assisted down by Mrs. Marriott—the kitchen

was not so comfortable as the room she was taken from—I do not know what became of the screen after she left the parlour.

ABRAHAM CARTER . I live at No. 31, Paradise-terrace, Holloway. On the 8th or 9th of March, 1837, I called on Mrs. Warner, in Cannon-street, at the former Mrs. Reed's house, who was a sister to Mrs. Warner—I had known them a number of years—I always understood that it was rented by Mrs. Reed—I know from passing the lease into the hands of a gentleman named Wood, that the value of it was full 200 l .—Mrs. Reed was not dead then—she died about the 6th or 7th of March—that was after I was sent down there—when I called on Mrs. Warner, on the 8th or 9th of March, Mrs. Reed was dead—I saw Mrs. Warner on that occasion, and had some conversation with her—she appeared in very good health, and very good faculties—her spirits were good—I never saw her in the house in Dolphin-place.

Cross-examined by MR. PAYNE . Q. When you saw her, did she say her sister had made her will and left her executrix? A. Yes—I asked her to let me see it—she said Mr. Marriott had got it and the lease also—she did not say he had got them with her consent—she did not tell me he had taken the lease away with her consent—she mentioned nothing of that—I saw her again the next morning—she told me the same night that she would get it for me if I wanted to see it—I went the following morning—the then said Mr. Marriott would save me the trouble of interfering in the business—she gave me Mr. Marriott's compliments, and he would take all the trouble from me—Mrs. Warner was slovenly in appear ance then, and she stooped—she was one of three sisters—Mrs. Mason, Mrs. Reed, and Mrs. Warner all lived in the house in Cannon-street together—my connexion was with Mrs. Mason—after Mrs. Reed died, Mrs. Warner was left alone in the place—Mrs. Mason had been dead some time—several persons were present when I had that conversation with her—Mr. Marriott was not there.

MR. BALLANTINE . Q. Do you know whether Mr. Marriott was related to her at all? A. I believe not, I cannot say positively.

ELIZA LUCK . I am a charwoman. I know the house in Dolphin-place—I knew it from April, last year, down to February in this year—I attended to the lodgers, and worked for two ladies in the house, No. 2, in which Mrs. Warner lived—she lived in the kitchen, and in the parlour, at first—I was never in the parlour while she was there—I remember her living in the kitchen—I once or twice heard her making a noise, and she told me to let her out, and said it was very cold—I asked her if she had any fire, and she said she had no fire, she had only had fire twice while she was there—she told me this about December or January—when I was talking to her the weather was cold—it was that induced me to ask her—I was out side the room—I could not get in then—I did get in once—the door was locked—she told me there was no fire—I was not able to see that myself—I looked through the window once in the cold weather, and there was no fire—I saw a screen; that was standing so as to prevent a view of the fire-place—it was something like a shutter—it was before the fire-place—I could not see the grate—I did not see into the room when she said she had no fire—when I spoke to her it was through the key-hole—it was a kind of wooden screen—it was close to the grate, to the best of my knowledge—it was not as a cloak to the chimney, but a cloak to the grate—it was close against the grate, so that I could not see it—I cannot tell whether it was

touching the grate—it was large enough to screen the grate—I looked par ticularly to see if there was any fire, and I could not see any—if there had been a fender before the fire-place, the screen would prevent my seeing that—it was a kind of board, or fire-screen, put against the fire-place—I do not know whether it stood by itself—I could not see any fire, if there had been one, I suppose I should have seen it—the screen was placed up against the fire-place—when I went into the kitchen it was very damp.

Q. How did you get in? A. Mr. Marriott once took the lady some bread and butter, and tea, or something, in a mug—I wanted to go in, to see whether she had any fire—I had spoken to her—it had been reported she was not quite right in her head—I said to Mr. Marriott, "Oh dear, poor creature, she is childish," and she said she was not, nor out of her senses—that was when I went into the kitchen.

Q. How had you got in? A. I was down at the sink, doing some work, and I saw the prisoner open the door and go in, and I went in after him—I am quite sure he unlocked the door, and I followed him in—I saw the fire-place then, and looked at it very particularly—that was when I saw the screen—if there had been a fire in the room I must have observed it—one side of the wall near the dresser was very damp—it was cold weather, in December or January—it was December, to the best of my knowledge—when I got into the room I observed the walls were damp—I did not touch them—I could see damp on the walls near the dresser—the other part did not seem so damp—there was not much furni ture in the room—there was no carpet that I could see—it was not such a place as any of the lodgers lived in—it was not so comfortable—I had several opportunities of seeing her while I worked there—I have seen her many times through the window sitting on a chair, looking very discon solate—nobody was with her, or attending to her, that I saw—she cried very much, and wanted me to let her out—to the best of my knowledge that was not above twice, but she often called to me, saying, "Is that Mr. or Mrs. Marriot?" and saying that she wanted her tea.

Cross-examined by MR. PAYNE . Q. Were you examined before the Coroner? A. No, nor before the Magistrate—I have known the houses in Dolphin-place nearly three years—a Mrs. Benson lived in the kitchen before Mrs. Warner—I cannot say How long, but not long—Mrs. Jolly lived there, but she did not sleep there—she used to cook there—a Mr. Banyon did not occupy it, that I know of—it is a boarded kitchen, with a large window—I cannot exactly say whether the screen was a chimney-board, that fitted in close, but the grate was disguised—I did not go up to it—it stood between me and the grate—I did not notice where the bed was—I did not take much notice of the place—I wanted to look at the old lady—I have seen the prisoner take her tea, about four times, to the best of my knowledge and belief—I heard Mrs. Marriott in there with her once—I worked for Mrs. Wells and Mrs. Lefroy—Mrs. Lefroy lives there now, on the second floor—Mrs. Wells is not there now—to the best of my? knowledge it was in December when I went into the room.

RODERICK NEIL . I live at No. 16, Brook-street, Holborn, and am a twopenny postman. On the 21st of February last I took a letter directed to Mrs. Warner, to No. 1, Dolphin-court, or place—a female opened the door to me—from what passed with the female I did not leave the letter—I did not think her old enough to give me a decisive answer, and I called the following morning after eight o'clock—the prisoner then opened the door half

way to me, but I can recognise his face—I asked if Mrs. Warner lived there, and he said, "The letter has been round twice, I thought you had a decisive answer, not to take it round the third time"—I had intrusted another man to deliver it previously—when I asked if Mrs. Warner lived there, he said, "No"—I returned the letter through the Post-Office in the ordinary way, under cover, to the writer—I asked the prisoner if he could give me the address, and I would have the letter forwarded to her—he said be did not know her—he denied knowing any thing of her—I asked if she had ever lived there—he said no, he never knew her.

Cross-examined by MR. PAYNE . Q. What time was this when you asked him if she had ever lived there? A. After eight o'clock, the follow ing morning, the 22 nd—I have heard since that she had been dead two days at that time—I am quite certain about what he said—I did not write it down—his answer was, that he thought I had received sufficient answer not to take it round a third time—my partner had written on it, "Not known as directed, Dolphin-court, High-Holborn."

MR. BALLANTINE . Q. Did he say one single word about Mrs. Warner lying dead in the house? A. He did not.

JIMSS WOOD . I reside at No. 6, Sebbons-buildings, Islington. I knew the deceased, Mrs. Warner—I have a letter which I wrote to her—( pro ducing it )—it was returned to me—this is the third letter which has been so returned—it was addressed, to "Mrs. Warner, Mr. Marriott's, Dolphin-court, near Great Turnstile, Holborn."

Cross-examined by MB. DOANE . Q. Are yon an undertaker? A. I am—I wrote three letters to that address—all have been returned—I believe I did not write more than three—this is my writing—( looking at a letter )—I did not say not more than three, I said I believed not—I had a demand of money on Mrs. Warner.

MR. BALLANTINE . Q. Do you know anything about the letter pro duced? A. It is my writing—I do not know the date of it.

SARAH CRUIKSHANK . I am the wife of Robert Cruikshank, and live at No. 34, Cannon-street, City. Some day previous to the 10th of October I went with my husband to No. 1, Dolphin-court—I there saw the pri soner and his wife—Mr. Marriott asked me to write an agreement about the house, No. 34, Cannon-street, of which Mr. Cruikshank was to take the upper part—I heard the prisoner mention the name of Mary Warner to his wife—he spoke in an indistinct tone—I could hear nothing more than the Name of Mary Warner—Mrs. Marriott dissented to what he said, whatever it was, and he again repeated it to her, and she again dissented—I asked the prisoner what interest Mrs. Warner had in the house, and he said, "None whatever"—he asked me if I remembered a conversation he had with me respecting the decease of Mrs. Reed—I told him, "Perfectly well"—he said did I not remember he had told me, at Mrs. Reed's decease, that Mrs. Warner was her sister—I inquired in what way Mrs. Warner could be a party to the agreement—his reply was, "None whatever"—he said some thing about her not being capable of undergoing the fatigue, that at her advanced age she was quite incapable—that he had been accustomed to let lodgings—there was an agreement ultimately signed—I pro duce it—it is not stamped—after it had been signed I inquired whether Mrs. Warner was a relative, as he seemed to take such an interest in her affairs—he said, "None at all"—he said, respecting the house in Cannon-street, Mrs. Warner having been accustomed to let lodgings, he had taken the

lease of the house of the Pewterers' Company on condition of paying up as arrear of rent; that they had given him four years to pay it by three instal ments, 20 l . of which he had paid; in consideration of which he had undertaken keep Mrs. Warner comfortable as long as she lived—I wished to pur chase some of the furniture, and he said I might make my own selection—he did not say to whom it belonged—I understood it was his own property—he did not speak of it as anybody's property but his own—he appointeda Mr. Kelly to value the furniture in the house in Cannon-street to Mr. Cruikshank, and a Mr. Phillips was appointed to value it for us—the amount of the valuation was 37 l . within a few shillings—that has not been paid—we were to pay it to Mr. Marriott.

Cross-examined by MR. PAYNE . Q. When the name of Mary Warner was mentioned, and Mrs. Marriott shook her head, did the prisoner say, "Yes, yes, better?" A. He did—the name of Mary Warner was put in the agreement, because Mr. Marriott asked me to do so—I will swear he said he had taken the house of the Pewterers' Company, and was to pay 60 l . arrears of rent, and had paid one instalment of 20 l .—at the time he said she was no relation of his, he said she was a townswoman of his—I have heard the prisoner say that Mrs. Mason had been living in the house since Mrs. Warner left it, and that she had unfortunately got into the King's Bench prison—I cannot say at what time I heard it—I had every reason to suppose from what passed that the furniture was his—I lived at Dol phin-place for a few days once—I told Mr. Marriott it was different to what I expected, and it did not suit me—I complained that there were persons in and out at night, and it disturbed me—I do not recollect that I complained of any particular person—I really cannot say where the lodgers lived who came in and out, there were so many persons in the house—I lived there a few days previous to the 10th of October.

MR. BALLANTINE . Q. While you were living there did you see Mrs. Warner at all? A. I saw her, but was not at all aware who she was until her death—I saw her in passing by a window which looks into an are—I did not notice in what state she was, but I recollect she had on a black gown.

JOHN GREEN TOWERS . I am clerk to the Pewterers' Company, I am aware of what leases are made by them—no house or premises belonging to the Company would be taken without my knowledge—there was never any premises in Cannon-street let to the prisoner—he never at any time took a lease in any shape from the 'Pewterers' Company—he has paid two instalments of 11 l . 15 s . each for arrears of rent due from Mrs. Reed—he paid it as her executor—he so stated.

Cross-examined by MR. DOANE . Q. Was there not a petition sent in on the part of Mary Warner, the sister of Mrs. Reed, to let her off the arrears, in consideration of her long tenancy? A. There was a memorial sent in in the name of the prisoner—he stated his object to be to serve Mary Warner—the prayer of the petition was not acceded to—he made himself answer able for the amount.

COURT . Q. Did he give a written agreement? A. He signed a memo randum, which I have here.

MR. PAYNE . Q. What time was the petition presented? A. The 8th of April, last year—I think Mrs. Reed died in February, or the beginning of March—I have no recollection of a Mr. Mason of' the Custom-house making an application on behalf of Mrs. Warner.

MR. BALLANTINE . Q. Did you sec Mrs. Warner at all when this house

was the subject of conversation? A. I saw her once after the death of Mrs. Reed, but not on this petition—I believe it was before it was pre sented.

JAMES FORD . I am a clerk in the Prerogative Office. I produce the original will of Ann Reed—the personal property is sworn under 100 l .—I am not able to tell the value of the premises—our act of Court states there was no executor or residuary legatee—Mrs. Warner is named in the will as sister and next of kin.

( The will was here read; it was dated the 26th of March , 1836, bequeath ing to Mary Warner all the effects, and the lease of the house in Cannon-street .—Witness, S. MARRIOTT .)

MR. DOANE . Q. These are letters of administration granted to Mrs. Warner by your Court? A. Yes—when a person takes out letters of administration, it is necessary to give two securities—the securities here are C. Cresswell and Simon Marriott—they enter into a bond for the proper administration of the effects—I cannot tell who paid the expenses of taking out these letters—it does not appear to have been taken out by commission, and therefore Mrs. Warner must have personally appeared—the letters were granted the 20th of July, 1837.

CHALES REEPE . I live at No. 31, Aucit-street, Lambeth. Mrs. Warner's sister was my grandfather's second wife—I remember the death of Mrs. Reeves—I went to her funeral, and saw the prisoner there—after the funeral, he called me on one side, and asked me if I should have any objection to pay for my cloak, and my sister's and brother's also, as he did not wish to put Mary Warner to any expense, he should pay for his—he told me he was left executor—he showed me about a quarter of a sheet of writing paper as a will, and told me he had found it by mere chance lying down on the ground—J observed Mrs. Warner was much grieved, and took a chair, and sat down by the side of her, and told her she should come and live at home with me, and I would make her happy and comfortable for the remainder of her life—her reply was, that it was a kind offer cer tainly—the prisoner said, "No, no, sir, she shall go home and live along with me, as you are no relation whatever"—I asked him what relation he was—he said he was a townsman, and that he had buried Mrs. Reeves's niter, and it was Mrs. Reeves's wish that he should bury her too, in fact that be was executor—he said "Mrs. Warner is going home to live along with me, until affairs are settled, and I will make her happy and com fortable."

Cross-examined by MR. PAYNE . Q. Did you ever go to make inquiry after Mrs. Warner? A. I asked Mr. Marriott to give me his address—he did so, and I gave it to my sister, who promised to go and see her, but she by chance lost it—I called at the house in Cannon-street, and inquired for the address, but was not able to get it—I did not find her—I first came forward to give evidence at Bow-street—not before the Coroner—it was after I saw in the newspapers that some money was found in a box, and saw Mr. Marriott's name mentioned.

MR. BALLANTINE . Q. Have you an interest in any money found in a box? A. None.

JOHN LLEWELEN . I occupy the ware-house, parlour, kitchen, and cel lar of the house, No. 34, Cannon-street, and pay rent for it to the prisoner, 55 l . a year—I paid him one quarter's rent last Christmas.

Cross-examined by MR. PAYNE . Q. You did not pay taxes? A. No, the rent is exclusive of taxes.

SAMPSON SWENDELL . I live at No. 7, Drury-lane, and am an under taker. On the 20th of February, I was employed by Mr. Target, an undertaker, to take a coffin to No. 2, Dolphin-court—I there saw the pri soner and his wife—they went with me into the front kitchen—I there found the corpse of a female lying on a board—I took it from the board, and placed it into the coffin—when we took it off the board, it laid with the knees bent out—that is caused by a body not being laid out properly—it had the appearance to me as though it had died through want—it was in a kitchen below stairs—there was not much furniture in it—there was no carpet, and no bed—there was a tent bedstead, but no fire-irons, no coals, nor any appearance of fire, which made me consider there was very little comfort for a poor old soul to lay there—I had difficulty it placing the body in the coffin, from the position it was in—I could not get the knees down—I was going to put a nail into the coffin to keep the knees down, but I did not, and covered it with a cloth—the prisoner was there part of the time.

Cross-examined. Q. Did you afterwards go with Mr. Target on the day of the funeral? A. I did—I formed an opinion of the person having dieds from starvation, from the external appearances.

ANN PRICE ( examined by MR. PAYNE .) I went to live servant with Mrs. Warner in Cannon-street, after the death of her sister, Mrs. Reeves—Mr. Marriott engaged me—I remained in Cannon-street a month or six week I went from there to Dolphin-court at the same time as Mrs. Warner—I lived there rather more than two months—I was examined before the Coroner—I gave evidence before Mr. Minshull, at Bow-street—I was bound over at Bow-street to appear here and give evidence—when Mr. Warner first went to Dolphin-court, she lodged in the back-parlour of No. 2, and remained there three weeks or a month—at that time the kitchen floor was occupied—after that she was removed into the kitchen below—she did not object to it—there was a bedstead there, and two feather beds on it—during the time I was there, I took her meals down to her—it was bread and butter and tea for breakfast, and meat and potatoes for dinner, and bread and butter and a drop of beer for supper—it was pretty good beer—I had the same—it was good meat that she had—I had my dinner with her—I took her out to walk once or twice a week while I was there—I took her out to church on Sundays—Mr. Marriott went into the kitchen on Sunday evenings to read to her—his conduct to her was generally kind—she was lame, and she used a stick—she used to be assisted by my arm when she walked out—I did not think she was quite right in her head at times—when I was not with her, I used to lock the door—Mrs. Marriott used to go to her at times—she was not fit to go out by herself—she used to say some times that she could at more food than she had—that was only now and then—she had all her usual meals during the time I was there.

COURT . Q. How long were you there? A. About two months.

MR. BALLANTINE . Q. How long had she been in the room in the area before you left? A. About five weeks I should think—I was there rather more than three months in all—about two months in Dolphin-place—the old lady was in the back parlour about three weeks or a month.

HENRIETTA FILMNGHAM ( examined by MR. PAYNE .) I succeeded Ann Price in waiting on Mrs. Warner—I used to take her to church and to take her food—I had my meals with her—I remained there five weeks—she had plenty of wholesome food during the time I was there—we some times

disagreed—I took her out for a walk—I left Mr. Marriott because I and Mr. Warner could never agree—she said she did not want a servant, and could do better without one than with me.

MR. BALLANTINE . Q. When did you leave the service? A. On the 30th July.

WILLIAM HUGHES . I am a surgeon, residing at No. 90, High-Holborn. on the evening of the 26th of February last, I went to the kitchen of the house, No. 2, Dolphin-place, and found the dead body of a female lying in a coffin—I looked at the body, and then returned to the Coroner's jury—I subsequently made a post-mortem examination—on the view I had of it first it presented an appearance of great emaciation, as if she had died from some lingering disease, or from starvation—on the same day I made a post-mortem examination—the immediate cause of death was water on the brain—I cannot tell what that was produced by—it might have been the cones quence of disease, but I found no disease except water in the centre of the brain—that is sometimes the effect of inflammation in younger subjects, and dometimes the effect of great exhaustion—it may be caused by some dis ease or by extreme exhaustion—we call inflammation disease—any thing may produce inflammation of the brain may produce effusion of water on the brain—I found no disease in the brain sufficient to produce this water—there was only a very slight appearance of inflammation of the mem branes, or what I should call lymph, thrown up on the membranes of the brain which is sometimes, I believe, present without inflammation.

Q. If it does not arise from inflammation, to what other cause can you attribute the appearances? A. To great exhaustion—or excitement may pro duce it also—it is my opinion that there was no disease apparent that could cause this—there was very great emaciation of the body, and the stomach and bowels were empty, and were collapsed—the heart also was empty, that is, there was a very small quantity of blood in it, not the quantity we usally find in post-mortem examinations.

Q. What in your opinion did that emaciation arise from? A. It is im Possible to answer that question decidedly—it might arise from a want of a proper quantity of food—I am not aware of any thing else—we see that emaciation, when death happens, from diseased lungs; but here the lungs were healthy—water in the brain may be called a disease, but it is more the effect of disease.

COURT . Q. Was it that inflammation being there, the result of the in flammation was water? A. Yes, when the water comes, the inflammation ceases—there are at times, besides water, other appearances to show there has been inflammation, such as large quantities of lymph.

MR. BALLANTINE . Q. If there had been such inflammation as to cause if scretion of water, would there be appearances of that left? A. I should think so. and such inflammation must occasion pain; but what pain depends on what we call acute or chronic—I think that is such a disease as would require the attendance of medical men—death could not be caused by such a disease without there being the appearance of indisposition—it my opinion that the secretion of water was caused by exhaustion—had all the appearances of being an old woman—I think that remaining for days and nights in a room without fire of any kind would be productive of injury to a woman of her age—I saw the kitchen in which her body was—I did not much notice the place, but, without a fire, I should say it was not fit for anybody to remain in with such weather as we have had last winter—the exposure in such a

room might destroy life; first by producing excitement, and then exhaus tion—confinement, in any room, of a person against their will, might pro duce it, more especially a woman in her reduced state, and at her age.

Cross-examined by MR. PAYNE . Q. I suppose by emaciation you mean there was scarcely any flesh to the body, but the skin adhering to it? A. Yes; as complete a state of emaciation as ever I saw, as if in the last stage of consumption—that is not often the case with old persons, unless they have some organic disease—if there was an effusion of water on the brain, produced by exhaustion, there might not be some appearance of effusion of water in other parts—I will not swear there would not be—ex citement is usually followed by great exhaustion—I am quite certain death was caused by water on the brain—I am not quite certain that water on the brain must have been produced by exhaustion—by exhaustion, I mean that state of collapse which you see after great excitement—I may explain further, by saying, when a person has lost a large quantity of blood, that will produce exhaustion and death, a diminished supply of blood not sufficient to support life—emptiness of the intestines might probably be produced by other causes than withholding food—I found no cause on examination sufficient to account for the emptness of the stomach—vomit ing for some time before death may account for it, or other causes—there are cases of disease, for instance, stricture in the throat; but that would be visible—I never met in my practice a case in which water in the brain was produced by want of food—I never read in the course of my medical educa tion any case to that effect.

MR. MBALLANTJNE . Q. In your experience, you never met with a per son starved to death? A. Never—the appearances on all parts of the body betokened the want of proper food and nourishment.

MR. PAYNE . Q. Can you tell us whether the state of the body did or did not betoken an incapacity to derive nourishment from food? A. No it did not—I found no disease—that is the only thing that would incapa citate the person who had food offered to them.

MR. BALLANTINE .. Q. From the appearance of the stomach could the person have taken any food within a reasonable time? A. Not within some hours previous to death—I should say twelve hours—I saw the body in the kitchen—there were no marks of vomiting pointed out to me—she had been dead a week when I examined her.

JOHN GREEN TOWERS re-examined . The lease of the house in Cannon-street has about eight years to run—the rent is 50 l . a year—I do not know what the taxes are—there have been some repairs done to the house.

(Richard Roe, carpenter and builder, and Ann Roe, his wife, 2, Dolphin-place; William Masson, clerk in the Custom House; Matthew Clarke, 2, Dolphin-place; Thomas Walklet, cordwainer, South-street, Finsbury Market; Richard Walters, Stacy-street, Compton-street, Soho; Thomas Walton, tailor, East-street, Finsbury Market; William Price, compositor 3, Dolphin-place; James Duffil, broker, 44, Wild-street, Lincoln's inn fields; Mary Newman, 24, Rutland-street; Elizabeth Paulden, Artichoke court, Cannon-street; and John Felgate, broker and builder, York-street Commercial-road; gave the prisoner a good character for humanity and kindness of disposition.)

GUILTY . of Manslaughter only. Aged 48.— Transported for Fifteen Years .

OLD COURT .— Wednesdays, April 10 th , 1838.

Fourth jury, before Mr.Sergeant Arabin .

1090. JOHN HUMPHREY and ELLEN HUMPHREY were indicted for feloniously receiving, on the 26th of March , 28lbs. weight of lead, value 6 s ., the goods of Francis Milner and another; against the Statute, &c.

MR. PHILLIPS conducted the Prosecution .

JOSEPH SIMS . I am in the employ of Milner and Son, lead merchants, of 49, Crispin-street, Spitalfields. On Monday, the 26th of March, the female prisoner brought a quantity of lead to my master's premises for sale—she put it down, and said she would leave it, as she had more to bring—I had bought lead of her before, and of the male prisoner, who is her hus band—he keeps a marine-store shop—my master had lost about 600lbs. of lead off his flat on Sunday night, or Monday morning—about 14lbs. of the the female prisoner brought, appeared like what we had lost—there are spots of paint on it by which I can identify it—I fitted it to the flat, and found it corresponded—I gave information to the police, and Sergeant Teakle produced some other lead to me, which I also identified.

GEORGE FRANCIS JONSS . I am in the prosecutor's employ. A quantity of lead was stolen from our lead flat, on the morning of the 26th of March, half-past seven o'clock—I identify 14lbs. of the lead brought by the female prisoner, as part of ours.

DENNIS POWER . I am a police-sergeant. I got information, and went to the prosecutor's warehouse, and found the lead had been stolen—I compared the lead which they gave me with the flat, and found it cor responded—in consequence of information I went with Teakle, to No. 4, Nelson-street, Bethnal-green, which is a marine-store shop, kept by the prisoner—the prisoners were both there—I asked the female whether she had been out that morning—she said, yes, she had—I asked if she had been to Crispin-street—she said she had—I asked if she had been to Mr. Milner—she said yes, that her husband sent her there, and she was going to take some more—the male prisoner said he had a book in which he was in the habit of entering every thing he bought, but in the present instance he did not make any entry of it—that he had purchased it that morning of some person, who he did not know—he handed me the book, and there was no entry of it—I searched the house, and found some lead, which Teakle has.

GEORGE TEAKLE . I am a police-sergeant On Monday morning, the 26th of March, I went to search the prisoner's house, and found the lead—I went there directly after examining the premises with Power, and found sack on the counter with lead in it—I asked the male prisoner what he had there, and where he got it from—he said he bought it out that morn ing—I asked him who he bought it of—he said he did not know—I asked if he kept a book to make entries—he said yes, but he had not entered that—I compared the lead found in the sack with Mr. Milner's flat, and the marks where it was cut off corresponded—I found it in the prisoner's Possession, about an hour and a half after the robbery was committed.

NOT GUILTY .

1091. THOMAS WALKER JONES was indicted for stealing, on the 26th of March , 1 coat, value 3 l ., the goods of Edward Shoebride .

ELIZA CLIESBY . I am servant to Edward Shoebridge, a tailor, in

Compton-street, Soho. On the 26th of March, about eight o'clock in the evening, I was at the parlour door, the prisoner came into the shop, and put his hand on the coat—I turned round, and asked him what he wanted—he said, "Have you any apartments to let"—I said, "Yes"—he said "Never mind, I will call again"—about half an hour after another man came in with an umbrella, and asked if I wanted to buy it—he put it down and ran away, and immediately after a coat was missing from near the parlour door.

FREDERICK NOYES . I live with my mother in Mr. Shoebridge's house. I saw a man come in with an umbrella—I was in the parlour—the man opened the umbrella out, and while he was doing so, I saw the prisoner take the coat off the horse, and run out—I pursued him, calling, "Stop thief"—he threw it away as he turned the corner—I saw him stopped—I am sure he is the same person.

Cross-examined by MR. DOANE . Q. Were you standing in the same shop as Cliesby? A. Yes, we were both standing together—the man held the umbrella open right before her—I never said I was not sure the prisoner was the man.

RICHARD PEARCE . I live in Compton-street. I was coming home, and heard the cry of "Stop thief"—I saw the prisoner running, and followed him—I saw him throw something from him—I followed him some distance, and he was stopped—I was close behind, and took hold of him and brought him back to the shop—he said, "What are you going to do with me? I am not the person, I have not been in Corapton-street"—I had seen him running in Compton-street.

EDWARD SHOEBRIDOE . My coat has been lost altogether.

GUILTY . Aged 18.— Confined Six Months .

Before Mr. Justice Coltman .

1092. THOMAS IVISON was indicted for feloniously forging a cer tain order for the payment of £100, with intent to defraud Sir Richard Carr Glynn and others.—2nd COUNT , for uttering the same with a like intent.—Other COUNTS , varying the manner of stating the charge.

MESSRS. BODKIN and DOANE conducted the Prosecution .

JOHN GARWOOD . I am clerk to Mr. John Widdows, an attorney in Copthall-court, Throgmorton-street I know the prisoner by his coming to see Mr. Widdows—on Monday, the 26th of February, he came, and gave me this cheque, and said, "You are to go and receive this cheque," and that he was to wait while I went with it—I went to Glynn and Co.'s—when I got there I was detained by Forrester, the officer, who went back with me to Copthall-court, but the prisoner had left—he was afterwards taken at his father's.

Cross-examined by MR. PHILLIPS . Q. You had known him a good while, I suppose? A. Yes—I do not know where he lived.

WILLIAM THOMAS . I am cashier to Glynn, Halifax, and Co., bankers We have an account with Adam Joseph Kopsch and Co.—on the 26th of February Garwood came with a cheque—I believe this to be the cheque—I had no doubt it was a forgery immediately I saw it—it was shown to the partners, and Forrester was sent for.

Cross-examined. Q. Are you sure that is the same cheque? A. I can not be sure, but I have no doubt of it—I believe it to be the cheque—I will not undertake to swear positively to it.

MR. DOANE . Q. Did you mark the cheque he brought? A. Yes—his has my mark—Mr. Masters brought it to me as he was going out with Forrester, and I marked it—I had left it in the room with Mr. Halifax, one of the partners, and Mr. Daniel, the chief clerk—Mr. Barber was there—he went into the room with me—I did not see him with the cheque—I left it with Mr. Daniel and Mr. Halifax—I did not mark it till Mr. Mastery was going away.

FREDEBICK BARBER . I am a clerk in the banking-house, I was in the same office as Mr. Thomas—he brought the cheque from his desk to me, and I took it to Kopsch and Co. by his directions—I returned the cheque to him again when I came back, and he took it into the partners' room.

WIILIAM THOMAS re-examined . When I first received the cheque I gave it to Barber to take to Kopsch and Co.—he brought it back, and gave it to me, and I took it into the partners' room immediately—Garwood went in with me and Mr. Kopsch, who had come back with Barber; and I think Barber went in also—I left the cheque there, and Mr. Masters afterwards. brought it to me to mark—I will not swear positively this is the same cheque but to the best of my belief it is—I have no doubt about it—I wear to the mark which I made on it—the drawer's name is the same as was on the cheque presented, the sum is the same, and it has every apearance of it.

THOMAS HALIFAX, ESQ . I am a partner in the firm of Glynn and Co. I member this cheque being brought into the partners' room—I cannot say in whose hands it was when I first saw it—Mr. Thomas was one of the persons who came in, I believe, and one of the partners of Kopsch's house—Mr. Daniel, our manager, was in the room at the, time—Garwood was brought in to me—I will not say whether Garwood was in the room, or whether I only saw him through the glass door outside, but he was never lost sight of—my present idea is, that he was in the partners' room—the cheque was shown to me—I directed Mr. Daniel to send for Messrs. Bush and Masters, and Mr. Masters came—to the best of my belief, I did not leave the room from the time of the cheque's being brought into the room till the arrival of Mr. Masters—I do not know that I saw the cheque given to any body after Mr. Masters' arrival—Mr. Mills was in the room, and I think, Mr. Glynn.

Cross-examined. Q. Can you say into How many different hands the cheque went? A. No; I will not swear positively—I might not have left the room before Mr. Masters came—I cannot say more than to the best of my knowledge and belief—Garwood was in the room—there might have been other persons there.

COURT . Q. Can you say whether that is the same cheque or not? A. cannot swear to the cheque, but I believe it is, from the peculiarity of the writing, the figures, and the word "company"—I looked at it when it was bought me, and inquired of Mr. Kopsch's partner about the writing—the amount of this cheque corresponds with that which was produced to me—I do not think I remarked the date—I noticed the signature, but only in a neral way—it was the same name as this—I noticed the two 00 had not the regular distance between them, and the I—it was in an irregular mode.

MR. DOANE . Q. Was any other cheque, drawn by Kopsch and Co., brought into your room that day? A. Certainly not—no other came under

my observation—I do not remember seeing or hearing of any other—I have no doubt this is the same cheque, but I cannot swear to it.

CHARLES MILLS, ESQ . I am one of the firm of Glynn and Co. I came into the room at the time in question—something was mentioned to me, and I asked to see the cheque, which was given to me—it was lying on the pri vate desk of Mr. Daniel, the managing clerk, in the inner-room, and I either took it off the desk, or it was given to me—Mr. Halifax was in the room—Mr. Masters, the solicitor, afterwards came there, and I gave the cheque to him—my attention was drawn to the signature and amount—I had been told before I came in that it was ascertained to be a forgery—this cheque has the same signature, is to the same amount, and to the best of my belief it is the same cheque—I did not see any other cheque in the room drawn by the same party—there was no other cheque that day about which there was any difficulty, to my knowledge.

Cross-examined. Q. You were not at home, I suppose, all the day? A. I was not in the room when it was brought in.

JOHN DENNIS DANIEL . I am managing clerk in the banking-house of Messrs. Glynn, Halifax, and Co. I sit in a room called the partners' room—it is separated by a glass screen—I can see into the office—I remember a cheque being brought in by Mr. Thomas, the cashier, signed Kopsch and Co.—I do not remember Mr. Mills coming in—I was backwards and forwards in the office from time to time—doubts had arisen about the cheque, and it was settled that we should send to Mr. Kopsch about it—I nobody came in with Mr. Thomas—Mr. Thomas Halifax was in the room when he came in—I dare say I was in and out two or three times—I saw the cheque again when I came in—I left Mr. Halifax in the room when I went out, and found him there when I came in, till Mr. Masters arrived—there was no other cheque, drawn by Kopsch and Co., brought in, that I know of—when Mr. Thomas brought the cheque in, he showed it to me, and then took it out again—he afterwards brought the same cheque in again, with Mr. Kopsch, who pronounced it to be a forgery—it was then laid on my desk—I did not remain in the room all the time till Mr. Masters came, but was sometimes there, and sometimes in the outer office.

MR. EDWARD LEE MASTERS . I am in partnership with Mr. Bush. We are the solicitors for this prosecution—I have produced the cheque which I got from Messrs. Glynn's on the 26th of February—I received it from Mr. Mills's hands—I showed it difectly after to Mr. Thomas, who put his initials on it before it was taken out of the banking-house—( cheque read .)

ADAM JOSEPH KOPSCH . I am a silk-merchant, in partnership with Mr. Thomas Naylor. We kept an account with Glynn and Co. in February last—I know the prisoner, his father is a respectable silk-broker—the pri soner used to come to our house on business—we keep our cheque-book on the desk in the daytime—neither the signature, nor any part of this cheque, is my writing—it seems to be dated the 23rd of February—I had seen the prisoner at our premises not above a day or two before I was called on about the cheque—I do not recollect the date—I went with the person who came from the banking-house—I cannot say How long it was before that, that I had seen the prisoner at my count ing-house—it was decidedly within a week—I recollect a Person bringing the cheque to my counting-house—I will not swear it was Mr. Barbel—he

showed me the cheque, and it was a forgery—this looks very much like the cheque—it is drawn in the same name, and for the same amount.

Cross-examined. Q. What are your Christian names? A. Adam Joseph—my cheques are generally signed in that way.

MR. BODKIN . Q. Do you authorise anybody to sign cheques for you?— A. Nobody except my partner.

THOMAS NAYLOR . I am partner with Mr. Kopsch. This cheque is not in my handwriting—I authorised nobody to sign it, or fill it up—I have seen the prisoner at our counting-house—he used to bring samples from his father—I have never seen him write in the counting-house—I had seen him there within a week.

Cross-examined. Q. Do you know a young man named Marquis? A. Yes, he was in our employment a short time—he has been sought after lately, but the search has been given up—he can be found—he has been seen—I understand several parties have seen him—a gentleman named Marker has seen him—I do not know that he has absconded—Mr. Kopsch has authorised persons to search for him.

MR. KOPSCH re-examined . I have authorised somebody to search for Marquis, as there were suspicions against him—I have not been able to find him—it was not an officer I told to search for him—I authorised Mr. Fel lowes to advertise for him.

Q. Was it not in consequence of his being suspected of having given the prisoner the false cheque? A. No—it was long before the cheque was pro duced that he was advertised for—we were suspicious of his having com mitted a theft—I have not advertised for him since this, nor sent anybody to search for him—he could go into our counting-house when he was in our service, which was not above two or three months—during that time the cheque book laid on the desk as usual—he is about twenty-two or twenty-three years of age, and is married.

Q. Have you ever expressed any opinion as to the handwriting of A. J. Kopsch and Co., signed to the cheque? A. No, not to my recollection—I will not swear I have not—I believe I have said that it looked like Mar quis's handwriting.

MR. BODKIN . Q. When did you say that? A. As far as I can recollect, at the time it was presented to me—Marquis left our service about Decem ber—he had no means of access to our counting-house after that—if he had come after he left I should have had him apprehended—the signature to the cheque is a little like mine, but not much—it is written in the same style as if to imitate it—the "one hundred" does not look at all like my writ ing, nor the February, nor the ciphers.

Q. When you said you thought it was Marquis's writing, did you say so from an inspection of the writing, or from the knowledge that Marquis had committed another offence? A. Both from the writing and his having committed another offence—it is impossible to tell whose handwriting it is, because a few letters are like, and others quite different.

JOSHUA PAUL WANNESS . I am clerk to the Newspaper Association Office. I am a friend of Messrs. Kopsch—I was at their office on Saturday, the 24th of February last, from seven o'clock till after nine o'clock in the evening—I saw the prisoner there—he was backwards and forwards—he occasionally came in, took up a pen, and wrote at the desk at the opposite side to where I was sitting—I was perhaps three or four feet from him, the width of the desk—it was a double desk—he could write any thing without a person on the opposite side seeing what he wrote.

Cross-examined. Q. Could you see what kind of paper he was writing on? A. No, I could not—he was standing at the desk—I did not pay the least attention to it—I was not before the Magistrate.

JOHN FORRESTER . I am one of the principal officers at the Mansion-house—I took the prisoner into custody on Monday, the 26th of Febrary, the same day I had been sent for to Glynn's banking-house—I found him at Mr. Kopsch's, in Crown-court, Broad-street—I told him I took him for pre senting a cheque at Glynn's—he said nothing—I searched him, and found on him a letter containing two pieces of paper—he never spoke at all.

Cross-examined. Q. Was not the letter a valentine? A. Yes, I should call it so—he was crying when I went into the room—the letter was open when I saw it—it was addressed to him.

( The letter being ready was a valentine, upon which was written, "Answered 17 th of February, to Miss Widdows, Church-street, Stoke Newington." The papers were memorandums of several sums of money, one of which had "A. J. Kopsch and Co." written several times upon it .)

MR. KOPSCH re-examined .—( Looking at the papery —I have never seen this before, to my recollection—the name "A. J. Kopsch and Co." is written in very much the same style of writing as mine.

Cross-examined. Q. Is it very much the same style of writing as you see signed to the cheque? A. It looks like it.

GUILTY of uttering. Aged 15.— Recommended to mercy by the Jury and Prosecutor on account of his youth .— Transported for Seven Years .

Before Mr. Justice Coltman .

1093. THOMAS FREEMAN was indicted for b——g——y.

NOT GUILTY .

Second Jury, before Mr. Recorder .

1094. MARY ANN NICHOLS , SARAH WHITE , and ELIZA BETH HAYES , were indicted for feloniously breaking and entering the dwelling-house of Sophia Nichols , on the 23rd of March , at the hamlet of Ratcliff , and stealing therein, 1 ring, value 6 s .; 1 sovereign, 7 half-sove reigns, 12 crowns, 24 half-crowns, 200 shillings, and 100 sixpences; her goods and monies.

SOPHIA NICHOLS . I am a widow, and live in James-place, Stepney-causeway, in the parish of Ratcliff; the prisoner Nichols is my daughter On Friday, the 23rd of March, I went out, at twenty minutes past eleven o'clock—I left my house all fastened up, the shutters and every thing se cure—I had a box in my house, containing 23 l ., in sovereigns, half-sove reigns, crowns, half-crowns, and shillings, also a ring, and the duplicate of a ring—I left all safe when I went out—I left nobody in the house—I returned at twelve o'clock, and found the house fastened as I had left it—it must have been opened by a false key—I went to my box, and found it broken open, and the money gone—the lock was strained, and the key would not open it—I went to the prisoner Hayes, who lived next door, and asked her if she had seen anybody at my door—she said "No one"—my daughter always slept at home till the 23rd of March, and after that she did not—she absconded—I did not ask Hayes if she had seen my daughter.

JAMES LAW . I am a cooper, and live in Lower Chapman-street, St. George's-in-the-East. On the 28th of February the prisoner Nichols came to my house, and asked for a lodging—I let her one—she lived there in the

daytime, and went away at night—she remained with me three weeks—she paid a deposit for the first week's rent, and then it went on for three weeks—she said that she slept at her mother-in-law's, and represented herself as a married woman, that her name was Lane, and that she was eighteen years of age—I believed her—she said she wished, by die time her hus band came home, to get a few things for herself—on the 22nd of March I asked her for her rent—she said she was not able to pay, but she would pay in the course of the week, as her monthly money would be coming—on the 23rd of March she came to my house, about ten o'clock in the morning, and about half-past twelve o'clock, Hayes came—Hayes said Nichols was her mother-in-law—she did not give a name—Hayes wished me to take care of 8 l . 18 s ., and to pay Nichols 10 s . a week, as she was sot able to take care of it herself—she gave me the money—it was counted out on the table—Nichols had brought the money down from her room, and produced it—Hayes made the proposition, but the money was put into my bands by Nichols—Hayes wished it to be so, or I should not have taken it—Nichols remained at my lodging till Monday, the 26th—Hayes came there on the Saturday, and drew 7 s . of Nichols—she got it from me. out of the money I had—up to the 23rd of March Nichols had not slept at my house, but she did on the 23rd, and left on Monday, the 26th—the prisoner White came that day, and demanded the money which I had in my possession—she said her name was Smith, and that she was Mrs. Lane's aunt, and said that Mrs. Lane was going to her aunt's at Greenwich, I give her 4 l . 9 s . 9 d .—Nichols left my lodging that night—I saw White again on the Thursday following, the 30th of March, and she said Mrs. Lane had robbed her mother, who lived at No. 10, James-place, Stepney-cause way—as I had had this money in my hands, I went with a friend next morning to find out her mother.

White . What he says is quite wrong—I never received any money, nor asked for it Witness . It is true—she came for the money, and I paid it to her—Nichols had some furniture in her room—I bad another room to let, and she desired to have that—and she desired to have a hone and cart, to bring the things to my place—she left on the Monday night, and came again on the Tuesday—I assisted to move her things.

White . It was after he knew of the robbery. Witness . No—it was two days before.

JAMES CLARK LAWRENCE . I am an apprentice to Mr. Lawrence, a builder, in Pitfield-street, Hoxton. On Tuesday, the 26th or 27th of March, the prisoner White came to our house, and asked to look at a room we had to let in Hoxton-market—she gave her name as Sarah Smith—I did not see either of the other prisoners.

ROBERT DAVIS . I am a constable of Lambeth-street police-office. On the 30th of March I went to a house in Hoxton-square, and found Nicholas in a back attic—I said, "Your name is Nichols?"—she said, "Yee"—I said, "You have robbed your mother of 23 l ."—she hesitated a little, and then said, "Yes"—while I was talking to her, Hayes came up—I said to Nichols, in her presence, "What have yon done with the money, and did you give that person any of it?"—(pointing to Hayes)—she said, "Yes, 7 l"— Hayes denied it, but in a very short time said to Nichols, "Oh, but you know I got a great many things out of pledge for you, out of that"—I searched Hayes, and found in her pocket this blue purse, containing a sovereign, a crown-piece, and six duplicates, also two half-crowns loose, one shilling, one halfpenny, and two pocket-pieces—Nichols gave me a purse,

containing a half-crown—I took White into custody—when I went 'to her house, I told her I had come to search her house, in consequence of the robbery next door—she denied any knowledge of the girl whatever.

SOPHIA NICHOLS re-examined , Hayes's house is next door to mine—the doors of the two houses do not join—there is one window between the doors—I had no acquaintance with White and Hayes—I know they lived next door, and they have seen my daughter going in and out—they knew very well that she belonged to me.

Nichols's Defence . I did not take the box out—it was Mrs. Hayes went into the house, took it into her own place, and brought it in a basket—she broke open the chest—she told me she threw the gold ring over the wall, and said it was a brass one, and a duplicate she threw into the fire—she opened the door with a false key, and kept me locked in the room while she took the things.

Hayes's Defence . I did not go into the house—when Nichols came out, she knocked at my door, and said, "Will you take care of this box, and carry it down to No. 4 1/2, Lower Chapman-street?"—I took it down to her there—she opened it, and gave me 7 l —I took several articles out of pawn for her, and kept part of the money; as to the ling, I never had it, and know nothing at all about it.

NICHOLS — GUILTY . Aged 14.— Judgment respited.

HAYES — GUILTY . Aged 37.— Transported for Ten Years .

WHITE — NOT GUILTY .

1095. JOHN COGHILL was indicted for stealing, on the 29th of March , 3 quarts of wine, value 9 s ., the goods of the St. Katharine Dock Company , his masters.

JOSEPH TAYLOR . I am principal officer of police of the St. Katharine's Dock Company. The prisoner was a night-watchman in the Company's employ—on the 29th of March he came off duty, at a quarter after six o'clock, and came to our office, in the Dock-house—I searched him, and found a bladder in his hat, containing three quarts of port wine—I found on him a small tin funnel, and a brad-awl—I asked him where he got that wine—he was much agitated, and said he had obtained it from B quay, where he was employed.

Cross-examined by MR. PHILLIPS . Q. Are you quite sure be did not say he got it from a sailor on B quay? A. I am certain he did not—I have known him ever since he has been in the Company's employ.

JOHN COX . I am superintendent of the Docks. I found a cask of port wine on B quay, with three quarts deficient, and that wine compounded with what was found in the bladder—the bung of the cask had been raised once.

Prisoner . I found several instruments belonging to workmen before, and gave them up, and so I should have done with the brad-awl.

JOSEPH TAYLOR re-examined . He said nothing about having found the bladder, or any thing—when I was about to search him, be took his hat off his head, and laid it down for me to rub him down—I said, "Give me that hat"—he said, "Sir?"—I said again, "Give me that hat"—he said "Sir?"—I took it from him—the lining was drawn very close, so that I should not have found it, unless I had felt it very tight—I undid the

lining, and took it out—I said, "Where did you get it from?"—he said, "I got it from B quay."

(The prisoner received a good character.)

GUILTY . Aged 35.— Recommended to mercy .— Confined Six Weeks .

OLD COURT .— Thursday, April 11 th , 1838.

Second Jury, before Mr. Sergeant Arabin .

1096. JAMES BUCKINGHAM and PETER HOLDEN were indicted for stealing, on the 16th of March , 491bs. weight of lead, value 8 s ., the goods of Seth Smith , their master; and that Buckingham had been before convicted of felony ; and JOHN CARR for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.

MR. PAYNE conducted the Prosecution .

PATRICK FITZGIBBON . I am in the employ of Seth Smith, a builder, who is building near Grosven or Terrace, Harton-street, and Eaton-square. I am employed under Woodneld, the foreman of the plumbers—on the morning of the 15th of March, I cut some lead for gutters, by Woodfield's directions—I left a piece of lead remaining on the premises, which the foreman said was a waste piece—he told me to roll it up—it was from forty to fifty lbs. weight—the premises are in the Mews, between Chester-square, and Eaton-square, not far from some buildings in Wilton-cretcent, on the right band corner of Belgrave-square—you can go down Belgrave-square from where the lead was, to the building I have named, but there are several ways to go, one as near as another—you can go through Chapel-street, from the buildings in Chester-square, to the buildings in Belgrave-square—it is a bye way—the straight way would be down the square—I know the house of Carr—it is in Belgrave Mews, at the back of Belgrave-square—I saw the lead, which I left on the premises, in the shop, at half-past eight o'clock on Friday morning, the 16th, when I returned from breakfast—I saw Buckingham and Holden, there were more men there—Carr was not there—Woodfield was—I saw Buckingham take a piece of lead on his shoulder out of the shop, in com pany with Holden, about a quarter before nine o'clock—they went away together—it was the piece I had left the day before—it is here—( pro ducing it)—I have examined it, and am certain it is the same piece—I was afterwards at Can's house—I was sent for when I came back at one o'clock—I found the officers Edwards and Thatcher there—Holden was in custody—I saw the officers bring the piece of lead down stairs from Carr's house.

Cross-examined by MR. PHILLIPS . Q. Is not Mr. Carr's a very respectable shop, and he in a very large way of business? A. Not that I know of—I was never in his shop before—I did not measure the shop—I have been in the police, and resigned—I was not discharged—there might be complaints made against me before I resigned—I was nearly three years in the police—there were complaints of neglect of duty, by being late of a morning—I do not know How many complaints were made—there might be a hundred for what I know—I resigned perhaps a week or fortnight after the last complaint—I cannot say How for Carr's house is from where I was at work—I will not swear it is not two hundred yards—I had no notice that I was to be dismissed before I resigned—I was not dismissed.

Cross-examined by MR. DOANE . Q. Mr. Smitlh has an extensive busi ness? A. Yes—when I returned at half-past eight o'clock there were about eight persons on the premises, and the foreman among them—Buckingham walked out with the lead, and Holden followed him.

MR. PAYNE . Q. After seeing Buckingham and Holden go away with the lead did you give information to Adams? A. Yes—he is foreman of the joiners.

CON MINING . I am labourer to Davis, who is a working plumber in Mr. Smith's employ. On Friday morning, the 16th of March, I was in the plutmber's shop, and saw Buckingham and Holden come in—at eight o'clock they had breakfast in the shop, and a little before nine o'clock Woodfield came in—Holden asked him for a piece of lead for a gutter—Buckingham was present—he might be the width of the shop away, he must have heard what was said—Woodfield said, "I have sent up the gutters yesterday"—they were wanted at Grosvenor-crescent—Holden said there was one short—Woodfield, pointed to the lower end of the shop, and said, "There is a piece, you may take that"—Buckingham, who is Holden's labourer, took it up, put it on his shoulder, and walked out of the shop—Holden followed him directly—the lead was not weighed or measured at that time—I saw a piece of Lead afterwards at the police office—I cannot swear it was the same.

Cross-examined by MR. DOANE . Q. Who else was in the shop? A. Davis, and there were men in and out.

WILLIAM ADAMS . I am foreman of the joiners, at Mr. Smith's. This plan ( looking at if ) accurately represents the plumber's shop, and the buildings, erecting in Belgrave-square—a person going from the shop to the square would have no business in the Mews, if he went in a direct line—on Friday morning, the 16th of March, I received information from Fitzgibbon, a little before nine o'clock, and followed Buckingham and Holden—I went through a building in Eaton-square, and saw them both in Belgrave-street—Holden was near Eaton-place, and Buckingham had just turned the corner of Chapel-street, which leads to Belgrave Mews—Carr's house is in the Mews—Holden was some distance behind Bucking ham—I ran into Chapel-street, and stood by the corner of Belgrave Mews, where I had a view of Carr's house—I stood there about five minutes, and saw Buckingham come out of Carr's house, with the fingers of his right hand in his waistcoat pocket, as if he had put something into his pocket—he had no lead on his shoulder, nor had Holden any that I could see—Buckingham went into the Coachmaker's Arms, a few doors from Carr's—I then returned, and gave information to the police—I accompanied the officer to Carr's house, between twelve and one o'clock—Carr was at home—I asked if he had purchased a piece of lead that morning—he said he had not, that he had been from home to town, to purchase lead, he had been away in short from six that morning—I saw his wife in the shop, and asked her—she said no, there had been no lead purchased—Thatcher, the officer, asked Carr if he would allow him to look round—he said yes, and I believe he also said that was all the sheet lead he had got in the house. pointing to what was in the shop—a few words passed between him and Thatcher, which I do not recollect—I went down into the cellar and found a great quantity of lead—there was sheet lead there—the officers went up stairs and brought down some more lead.

Cross-examined by MR. PHILLIPS . Q. How many tons of lead were there on his premises? A. I suppose two tons—Carr said he was not at home in the morning.

JOHN HONE . I am gate-keeper at some buildings which Mr. Smith is erecting in Belgrave-square. Holden and Buckingham were taken into custody on Friday, the 16th of March—I remember Holden returning to the premises that morning after breakfast, at near nine o'clock—they were plumbers, at work at that building—Holden returned about nine o'clock—I opened the gate and let him come in—he had no lead with him—I saw Buck ingham come in seven or ten minutes after Holden—he bad no lead with him.

JOHN EDWARDS . On the morning of Thursday, the 15th of March, I received information from Fitzgibbon, and on Friday, the 16th, I went to Carr's shop, a little before one o'clock—I had seen Buckingham and Hol den go there about twelve o'clock, and beard Buckingham ask if Mr. Carr was at home—I was close behind Buckingham—I took him into custody, but found nothing on him relating to this charge—my brother-officer took Holden into custody—after they were in custody I and Thatcher went to Carr's house, a little before one o'clock—he came home while we were there—I told him we had received information that a piece of sheet or gutter lead had been sold there about nine o'clock in the morning, and requested him to allow us to look, to see if we could find it—he at first refused, saying all the sheet lead he had was in his shop—I did not hear Thatcher say any thing further, but he called him on one side—we afterwards asked him if he had not a place down in the cellar where he kept lead—he said "Yes, then is some old lead down there, but no new lead"—we then asked him to let us see what there was—I, and Thatcher, Carr, and, I believe, Adams, went down into the kitchen, and found a quantity of lead doubled up—we brought that away—after moving it out of the cellar, Mrs. Carr was in the shop, and I requested permission to go up stains to see if I could find the lead—she at first refused—Carr was not there—I went up stairs, to the top of the house, and in a cock-loft there was a bed at one corner and a cistern in the other, half full of water, and in that cistern I found the piece of lead rolled up, in much the same state as it is now—there was nobody in the room—I brought it down to my brother-officer.

Cross-examined by MR. PHILLIPS . Q. On the oath yon have taken, did Mr. Carr ever refuse to let you search his shop? A. He hesitated, as I said before—he refused at first to let us see—Thatcher was present, and I believe Adams also—Carr did not say in my presence that he had not been at home all the morning—I do not recollect it.

GEORGE THATCHER ( police-constable B 17.) I went with Edwards to Caff, on the 16th of March, having received information—Carr came home about the time I got there the second time—the first time I went, at twelve o'clock, I apprehended Buckingham—the second time I went, Carr was at home—that was a little before one o'clock—I asked him if he had any objection to our searching the house—he objected at first, and hesitated—after some considerable time be allowed me, but previous to his allowing me he requested me to accompany him to a public-house, with a friend of his, to take some ale, which I refused—Edwards and Adams were in the shop at the time—they were near enough to hear it—Edwards was invited as well as me—Carr said. "I hope you will not make any great disturbance about this circumstance, as I do not wish this person to know any thing about it," meaning the person that was going to the public-house with him—I do not know who that was—I searched and found a quantity of lead in the kitchen—Edwards found a piece of lead in a extern, and gave it to me in a wet state.

Cross-examined by MR. PHILLIPS . Q. He invited you and Edwards to go into the public-house, in the presence of Adams? A. Yes, it was said in the presence of the three—I know he invited Edwards also—it was a general invitation to the whole three—I have no doubt they must have heard it—I cannot say that Adams was invited—there were three of us—I suppose the invitation was for all—I told the solicitor about this—I will not swear that I said it before the Magistrate—I refused to go to the pub lic-house—I do not know what reply Edwards made—my object was to keep the house in view—Edwards was perhaps two or three yards from me, or two or three feet—we were all close together—I cannot say what reply Adams made—Carr said he had not been at home all the morning.

( Evidence for the Defence .)

WILLIAM NELSON . I am a master plumber, and live in Harrow-street, Paddington. I remember Friday morning, the 16th of March, the day Carr was taken into custody—about twenty minutes after seven o'clock that morn ing I went to Mr. Carr's, for the purpose of seeing him—he was not at home—I remained there till about twenty minutes to ten o'clock—I had an appointment at ten o'clock—during all that time he did not come home—I called again two or three days afterwards, and learned that he had been taken into custody—he is a plumber and glazier, in a large way of business.

Cross-examined by MR. PAYNE . Q. What time did you leave his house? A. About half-past nine, or twenty minutes to ten o'clock—I remained there from about half-past seven o'clock waiting there, talking to one of his men, and when the men went to breakfast, Mrs. Carr said she ex pected him in immediately—I saw no man come in a little before nine o'clock with a roll of lead—if there had been I must have seen it—I am confident about the day, it was a Friday morning—I believe it was three weeks last Friday—I had to give in a contract for a job, and I wanted to consult him—I had to give in my contract on the 22nd, and this was on the Friday previous—I never saw Buckingham before—I am quite sure he did not come in with any lead—I carry on business in Harrow-road—I have known Carr about six years—he has carried on that business ever since I have known him—it is not an uncommon thing to have rolls of lead in a cistern half full of water—it might be placed there to repair the cistern, and the water come in after it was put in, before the job was done, and that would stop the job—some one came into the shop while I was there, but not with lead—I did not take particular notice who it was—the person came to the door and asked if Mr. Carr was at home—he was told no—I was talking to two workmen in the shop.

EDWARD EXTON . I am a plumber. I have been in Mr. Carrs em ploy, six and a half or seven years—I was at home on the morning Mr. Carr was taken into custody—I went to work about six o'clock, and went back about eight—during that time Mr. Carr was not in his house—I re turned from breakfast about half-past eight o'clock—my master was not at home then—Mr. Nelson came in at half-past seven o'clock, and re mained there till I returned from breakfast—he left, I should say, at half-past nine o'clock—a person called about a quarter before nine o'clock, and asked if Mr. Carr was at home—I said he was not—I think I have seen that lead before—I cannot swear to the lead which was taken out of my master's cistern—I put some there—the cistern required mending, it was very bad for some time—I had put it in the day before, the 16th of March—there was no water in the cistern at the time—after I cleared the cistern out I was

called away, and did not think of turning the water off, and it came in on Thursday night or Friday morning—my master came home on Friday—I did not see him at all.

MR. PAYNE . Q. When did you begin to mend the holes in the cistern? A. They have not been mended at all—there was water ran through the cistern—there were holes in the cistern, and it also ran out of the pipe—I pat the lead there for a new bottom—it was rolled up—I took it up, thinking it might do with other pieces which had laid on one side for a day or two—I cannot say How long the cistern bad been made—a man came and asked if Mr. Can was at home—I did not take much notice of him—he had nothing with him—Buckingham was there at nine o'clock in the morning—my master keeps his scales in the lower shop—that is the cellar—our shop is very small—we have no convenience for them in the shop—we do not keep sheet lead down in the cellar—these are cuttings.

MR. PHILLIPS . Q. Does your master do a great deal of business? A. Yes, a great deal.'

MOSES BARNET . I am a carpenter. On Friday, March 16th, I was with Carr in Pall Mall, between eleven and twelve o'clock—it might be twenty minutes after eleven o'clock—he left me at that time at a house where we were at work together.

Cross-examined by MR. PAYNE . Q. What house is it? A. Mr. Vernon's, No. 50—Mr. Carr is the master plumber and painter there, and I am the carpenter.

WILLIAM ADAMS re-examined . I did not see Holden and Buckingham together—I do not know where they parted—they were within two minutes' walk of Carr's when I last saw them—I am sure Buckingham came out of Carr's house without lead—I saw him at the corner of Chapel-street with a piece of lead on his shoulder, and when he came out of the house he had no lead.

(James Sheppard, Duke-street, Bloomsbury; William Weston, No. 3, Margaret-street, plumber, painter, and glazier; and James Hatton, Castle-court, plumber, painter, and glazier; gave the prisoner Holden a good character.)

JOHN EDWARDS . I produce the certificate of the prisoner Buckingham's former conviction of felony, which I got from Mr. Clark's office—( read )—I was a witness against him—he is the person.

BUCKINGHAM — GUILTY . Aged 24.— Transported for Fourteen Years .

HOLDEN — GUILTY . Aged 37.— Transported for Seven Years .

CARR — NOT GUILTY .

Before Mr. Common Sergeant .

1097. JAMES BUCKINGHAM and PETER HOLDEN were again indicted for stealing, on the 6th of March , 34lbs. weight of leaden pipe, value 5 s .; 40lbs. weight of lead, value 6 s . 8 d .; and 3lbs. weight of solder, value 1 s . 6 d .; the goods of Seth Smith , their master; and JOHN CARR for feloniously receiving the same, well knowing it to have been stolen, against the Statute, &c.

PATRICK FITZGIBBON . I am a labourer in the employ of Seth Smith. I produce some pieces of leaden pipe, molten lead, and solder, found in Carr's house—on the 20th of March I looked into a bag of Holden's and found a hammer, which I produce—I have compared that hammer with the marks on this leaden pipe—they exactly correspond—I know

Holden was in the habit of using such a hammer—I have a ladle, which is one that Woodfield, the foreman, had used at Mr. Smith's premises—the solder fits the ladle—this ladle was used on Mr. Smith's premises, and this molten lead fits it—there are dents in it which correspond—here is another ladle used on our premises, and this lead corresponds with it—I was pretest when this lead and things were found at Carr's house, down below—we have brought the ladle from Mr. Smith's to match with it—I have compared several pieces of pipe with the hammer—here are two pieces of lead which match with the piece I produced on the last trial—these two pieces were found up stairs—I am confident that lead was on my master's premises on the morning of the 16th.

Cross-examined by MR. PHILLIPS . Q. How long is it since you have been acquainted with lead? A. About four years—I left the police in 1833—I had no notice to quit—it may be about a week before I left that charges were made against me for neglect of duty—I will swear there were not half a hundred charges made against me.

A JUROR . This solder does not correspond with the ladle.

JOHN EDWARDS . I am a policeman. On Thursday, the 15th, I received information from Fitzgibbon, and on the 16th I watched Buckingham from the building at the corner of Wilton-crescent, Belgrave-square, belonging to Mr. Smith—I saw Buckingham and Holden come out together—I followed them along Belgrave-mews—Holden went into a public-house, and Buck ingham went into Carr's shop—that was about twelve o'clock—I heard Buckingham ask Mrs. Carr if Mr. Carr was at home—she said he was not—he was going away, and we took him into custody—after taking him to the station-house we took Holden, a little before one o'clock, and afterwards went to Carr's house—when we went in Mr. Carr came into the shop—we asked him about apiece of sheet lead which was produced on the last trial—we asked him if he had any other place where he kept lead—he said all the sheet lead he had was in the shop—he gave us no answer about any other lead—I went down into the cellar, and found a great quantity of sheet lead doubled up, and also cuttings of leaden pipe and solder—I found all that I have brought here—there were scales in the cellar—I afterwards went up stairs, and found the sheet lead in the cistern—I heard part of the conver sation between Thatcher and Carr—I cannot say I heard it all.

Cross-examined by MR. PHILLIPS . Q. Were you in the shop with Adams and Thatcher? A. Yes—sometimes I was close by them, some times farther away—it is not a large shop—I was not more than six or eight feet from him at the greatest extent—I was near Carr—I attended to what he said—I cannot tell whether I heard what he said—I have been talking to the witnesses since the last trial—I have not been talking about the conversation Carr was said to have held—I have not talked to them about what Carr said—I have spoken to almost all the witnesses—I talked to Thatcher and Adams.

MR. PAYNE to PATRICK FITZGIBBON . Q. How long before this Friday was there leaden pipe in use on Mr. Smith's premises? A. About five days—it was leaden pipe of that description.

GEORGE THATCHER ( police-constable B 17.) About twelve o'clock on Friday, the 16th of March, I took Buckingham into custody at Mr. Carr's door—I heard him ask Mrs. Carr, as he leant over the half-door, for Mr. Carr—she said he was not at home—he was going away, and we took him—I searched him, and found 34lbs. of lead in his pockets, 5 s . 11 d ., a

knife, and some nails, which corresponded with different portions of the nail holes in the lead found in Mr. Carr's cellar—after that I went to carr's house with Edwards and Adams—I told Carr that in consequence of information I had received, I believed a piece of lead was sold there about nine o'clock that morning—he asked what lead it was—I said, "A piece of sheet or gutter lead," and asked him if he would allow me to search—he hesitated, and at the time a respectable-looking man came into the shop—he commenced a conversation with Carr, and at length they it out together to a public-house, and asked me if I would go and take portion of ale with them—I declined—Carr then requested I would make no noise about it, as he did not want that person to know that we had come to search his house—he hesitated about my searching the house for this identical piece of lead—I called him aside, and said it was a curious piece of business, and if he did not allow me to search I should take him into custody—I called him on one side to say that—Adams and Edwards could not hear that—he went back into the shop again, and said, "what it yon want?"—I said, "It is a piece of sheet or gutter lead"—I went into the cellar, and found 20cwt. 2qrs. and 13lbs. of lead, consisting of pipe and other pieces, similar to what I found on Buckingham—it was strippings I found on Buckingham, and I found some strippings in the cellar—I have compared the lead with the ladles—here is a dent in this and you will find it in the lead—I have compared the hammer with lead—it corresponds.

Cross-examined by MR. PHILLIPS . Q. Ton have not spoken to any of the witnesses in the last case, since the last trial? A. I have not—I have spoken to Edwards, but not with respect to the case in question—I asked him if ever he heard such an attack made on my character, of being accused of perjury by Mr. Phillips—that was in the Court—I did not speak to him out of the Court on the business of this case—nor the last case—I have not had any opportunity of being with him out of Court.

WILLIAM ADAMS . I was present at Carr's house when the property was found—I cannot say that I heard the whole conversation that passed between Thatcher and Carr, because I was looking round at the time, and my attention was directed to this lead—I have seen the marks on it com pared with the hammer—it appears to correspond.

Cross-examined by MR. PHILLIPS . Q. Did you find Carr in his house, or did he come in? A. He was there when I and Thatcher entered the house—I went to look for stolen property—Carr remained in the shop, while I and Thatcher went down into the cellar, with one or two more who were there—I was not in Thatcher's presence all the time he was in the house—I was sometimes in the shop, and sometimes outside—we did not suffer Carr to go out of the shop when I went to search for the property—when I went to the shop I stopped a short time, then went out, and con versed with a person I was acquainted with—I left Carr in the house—he could have gone out into the street, without my seeing him, and I am apt to believe he was in the street as well, because I went to the public-house door, and saw Thatcher standing outside the shop door, and I believe Carr was with him—they did not go into a public-house—I could not see where they went to—I was engaged at the time—they might go into the public-house, and I not see them—I was waiting for the witness to come and identify the lead—I have been talking to the witnesses since the last trial, out not on this matter—I have not gained any information from them—

I cannot say that I had any conversation about any thing particular with Thatcher—it was outside the door, in the presence of others.

MR. PAYNE . Q. What was that conversation? A. About something for dinner—we were hungry—nothing more was said about the last trial than that Carr was thrown out , but I dare say he would be found guilty on the next charge—I call this new lead-pipe, but it is hammered into small lumps to be carried away—a plumber must know, decidedly, that it was stolen property.

COURT . Q. Must a plumber have known and seen that it was new pro perty? A. It looked much brighter at the time it was found, but it was put into a dirty cart, and was in a heavy shower of rain—I should say he must have known it was new pipe—it had a new appearance when we found it.

CON MINING . I am a plumber to Mr. Smith. I cannot say whether there was such pipe as this on his premises before the Friday it was found—I am not aware that there was any such pipe on Mr. Smith's premises—I saw none in little bits.

NOT GUILTY .

1098. MARY GLOVER and DENNIS GLOVER were indicted for stealing, on the 19th of December , 1 pair of stockings, value 1 s ., the goods of Mary Ellen Marsh : 1 stocking, value 6 d ., the goods of Elizabeth Marsh : 2 beds, value 8 l .; 2 bolsters, value 3 l .; 4 pillows, value 1 l . 10 s ; 7 blankets, value 4 l .; 1 decanter, value 1 l .; 4 glass goblets, value 10 s .; 2 wine-glasses, value 2 s .; 1 finger-glass, value 4 s .; 1 custard-cop, value 6 d .; 4 cups, value 4 s .; 5 saucers, value 5 s .; 7 plates, value 1 s . 6 d .; 1 dish, value 1 s .; 2 knives, value 3 s .; 2 forks, value 2 s .; 1 footman, value 7 s .; 5 yards of net, value 2 s .; and 1 pelisse, value 1 s .; the goods of Mary Marsh , the mistress of the said Mary Glover.

MR. DOANE conducted the Prosecution .

MART MARSH . I am a widow, and carry on business as a house-agent in Park-street, Grosvenor-square. The prisoner, Mary Glover, came into my service on the 14th of December—on the 19th I went out, and when I came home at night I found her gone, and she had taken her box with her—she had given me no notice at all—I missed part of my property very soon after she left—I did not miss the stockings—she was brought to my house three weeks ago last Sunday night, in custody.

Cross-examined by MR. PAYNE . Q. Which of the articles produced do you know to be your own? A. They belong to a set of China have at home—I know the sugar-basin, two goblets, custard-cup, and wine glasses—I do not remember whether one of my daughters slept with the prisoner—it must have been but for one night, if she did—I am not certain—the other servant slept with her till the Saturday night, and then went away, three days before the prisoner—I have other wine-glasses the same as these—if I wanted cups like these I must have them made, they cannot be matched.

JOHN POOLE . I am shopman to Mr. Bassett, a pawnbroker, in great Queen-street, Lincoln's Inn-fields. On the 3rd of January, two goblets, a custard-cup, wine-glasses, and a sugar-basin, were pawned with me, to the best of ray belief, by the female prisoner, in the name of Ann Glover, of No. 2, King-street.

Cross-examined. Q. Did you ever see her before? A. Never, to my

knowledge—I never took a lot of that description in pawn before—I am positive the prisoner is the person who pawned them—I recollect her—the had a shawl on—I never took such an article in before.

HENDRY WILLIAMS . I am a policeman. On the 18th of March I went to Wild-court, Drury-lane, and watched a public-home there—I saw the two prisoners come out, in company with another man and woman—they all went up into Oxford-street, and at the end of Marylebone-lane, the male prisoner and the other persons draw back, and the female prisoner went up the lane, in company with another young man—they left her in Little George-street, and she ran down to No. 21, King-street—I went up to her to the area-gate, and said I had a letter for her—she said, "From whom?"—I said, "From a gentleman named Williams"—(I was in my private dress)—I asked her if her name was not Fanny Glavin—she said, "No, Glover"—I asked if she had ever lived with Mrs. Marsh—she said, "Yes"—I then said I was an officer, and she was in my custody for robbing her—she said it was not very likely she should rob her—I took her to Montague-square, and the male prisoner came up, and asked me what I was doing with his sister—I had him given into custody, and took her to Mrs. Marsh—I found the male prisoner at the station-house when I returned—he said he lived at No. 12, Wild-court, and the female said she lived at No. 21, King-street, Portman-square, in service—I and Mrs. Marsh went to No. 21, King-street, and a per son there named Reddick, who was the master of the prisoner, to whom she wished me to go, gave me these keys—they opened a box in the house, and in it I found three stockings, which were identified by Mrs. Marsh—I after wards went to No. 12, Wild-court, and there found two men and a female, and a large trunk, locked—I could not open it, and desired the woman there to give me the keys, which she did—I believe her to be the prisoner's mo ther—I then opened it, and found a smaller trunk, with two cups and ameers, the plates, and other things—I went to another house opposite, and found these two cups, a saucer, and a piece of net.

Cross-examined. Q. You told the female prisoner you had a letter from Mr. Williams, was that true? A. I had a letter, certainly, in my hand, with Williams on it; it was all untrue, certainly—I am certain I went to the right address—she said, "No. 21, King-street, Portman-square"—she wished me to go there, and I had seen her go to the area gate myself.

( Property produced and sworn to. ) (The prisoner Mary Glover received a good character.)

MARY GLOVER— GUILTY . Aged 26.— Transported for Seven Years .

DENNIS GLOVER.— NOT GUILTY .

1099. CHARLES GREEN was indicted for an indecent assault.

NOT GUILTY .

Third Jury, before Mr. Recorder .

1100. ROBERT WARD was indicted for an indecent assault.

GUILTY . Aged 39.— Confined Twelve Months .

1101. THOMAS SAGE was indicted for an indecent assault.

GUILTY . Aged 73.— Fined Twenty Shillings .

1102. FREDERICK TEMPS was indicted for a misdemeanor of an indelicate nature.

GUILTY .— Confined Two Years .

1103. CHARLES LAUNDER was indicted for a misdemeanor.

NOT GUILTY .

ESSEX CASES .

Before Mr. Recorder .

1104. THOMAS GARRETT was indicted for stealing, on the 14th of March , 1 pint of peas, value 1 d ., the goods of William Turner and another.

WILLIAM TURNER . I keep a corn shop at Walthamstow. I have one partner—in consequence of something that was told me by a boy named Roberts, I went with a policeman after the prisoner, and found him down the street—I said, "You little rascal, you have been stealing peas out of my shop"—he said, "I have not, Roberts gave them to me"—he had his pockets full—he began to take them out, and throw them about the street—they are as much like my peas that are in the bin as possible—I get them from a farmer—there are plenty of them.

THOMAS ROBERTS . I work with Mr. Turner. On Wednesday, the 15th of March, I saw the prisoner, about eight o'clock in the evening, come into my master's corn-shop, take the peas, and put them into his pocket—I was coming through the shop, and he held me with one hand by the collar—I told him I would tell my master—he said, "If you do, I will smash you" —he then put the peas into his pocket—I think he took about a pint—he took a good many handsful.

Prisoner . I did not hold him. Witness . Yes, he did—I was trying to push him away.

WILLIAM CRESSY . I am a policeman. Mr. Turner and I were toge ther when we stopped the prisoner—he said at first that he had not got any peas—he put his hand into his pocket, and was throwing some down—I said, "You are throwing them down," and then he said that the boy Roberts had given them to him—he had a knife in his hand, which I have here—I took it from him—he laid down on the ground, and called "Murder," and every thing that was bad—he threw some peas at the windows as he went along, and some he threw down.

THOMAS ROBERTS ( re-examined .) He did not appear to take them out of bravado to annoy me—he filled both his jacket and trowsers pockets—he said he would shove something into my ribs, and Mr. Hardwick's, who is a gentleman that passed by at the time.

NOT GUILTY .

1105. EDWARD BLAKER , THOMAS CURTIS , JOHN MASON , and ROBERT TANTONY , were indicted for feloniously killing and slaying Thomas Boulter .

MR. PAYNE conducted the Prosecution .

DANIEL BOULTER . I am a waterman, and live in Ann's-row, Bromley; the deceased Thomas Boulter was my brother. On the 26th of March, in consequence of what I heard, I went down to the Marshes, and saw a boat come down—my brother, Blaker, Curtis, and Thomas Sullins, who is

not in custody, got out—they walked up into the Marsh, pulled off all their clothes except their trowsers, shook hands, then fell back, and Blaker and my brother began to fight—Curtis picked Blaker up for the three first rounds, and put him on another person's knee, who I do not know—Mason then came running across the Marshes, and shook hands with Blaker—Curtis every now and then gave Blaker something out of a bottle—Mason acted as Blaker's second after Curtis ceased to pick him up—Curtis remained till the fight was over, and so did Mason—Sullins and Tantony seconded my brother—they fought about thirty-five minutes, as near as I can guess—I saw Blaker then strike my brother with his right hand under the left ear, and he fell down—it was a violent blow—he fell right down, and never rose any more till he was picked up—he was alive, but not sensible—he did not speak at all—I did not see him move—I saw Blaker get up and put on his clothes—I saw Mason take him a few yards, and tell him to lie down—he felt in his pocket for a knife to cat his, eye, to let the blood out, as his face was swollen—my brother was put into a boat—I saw him again about twenty minutes after twelve o'clock, at his lodging—he was lying there—the doctor had just bled him—he was not sensible—he died about ten minutes after two o'clock—it was a fair fight, at well as I could see.

MR. CHAMBERS . Q. Did you not, in the course of the fight, endeavour to persuade your brother not to fight any more? A. Yes, I went and spoke to him, he said he was not hurt, he knew when to leave off—he did not tell me previously that he had brought thirty or forty friends to see the fight, and would not disappoint them.

Cross-examined by MR. BODKIN . Q. I believe, as far as appearances went, Blaker appeared more hurt than your brother? A. Yes, until the last—Blaker was the heaviest man.

Cross-examined by MR. STURGEON . Q. It was after the fight began that Mason ran across the fields? A. Yes, after they had fought three rounds, but he continued till it was over, and interfered—he it a fishmonger by trade.

MARGARET WILSON . I live in Garden-place. I knew the deceased, and Edward Blaker—I was at the Angel public-house at Poplar about a taught before the fight, when they were there, and there was a dispute between them—Blaker came and asked me to dance with him—Boulter said I should not dance with him, and Blaker said I should—Boulter then polled off his jacket, and wanted him to fight with him—Blaker said he would not fight him then, as he (Blaker) was too far gone in liquor, but he would fight him another time—I saw the fight afterwards when it took place—Mason, Tantony, and Curtis were there.

WILLIAM BAIN . I am a surgeon, and live at Blackwall. I was called, on the 26th of March, to see Thomas Boulter, at his lodging in Leicester-street, Blackwall—I found him in an insensible state, with several bruises on his face and temples—there was a contusion below the left ear—he died in about two hours or rather more—I bled him—he was not at all sensible before he died—I examined him after death—there was a post mortem ex amination of his head and whole body—I attribute his death to several ounces of extravasated blood, which I found on the surface of the brain on the left side—he had—the appearance of a man who had been fighting—his right hand was much swollen—I observed marks which would account for the extravasation of blood on the brain—violent blows and falls on the

ground would produce it—there was no disease to which I could attribute it.

Cross-examined by MR. BODKIN . Q. The extravasation was caused by the rupture of some vessels? A. Yes—I saw some external bruises which certainly went a long way to prove the extravasated blood was educed by them—I did not see any vessel ruptured, but I infer it must have been from ruptured vessel—vessels frequently rupture from excitement—the excite ment of a fight might cause it.

Cross-examined by MR. STURGEON . Q. You bled him when he was in a very exhausted state? A. He was in a state in which bleeding is always recommended—his pulse was full—I did not examine How many beats there were in a minute—a pulse is sometimes full without being quick—the pulse rose after I bled him.

BLAKER— GUILTY. Aged 23.

CURTIS— GUILTY. Aged 27.

MASON— GUILTY . Aged 29.

TANTONY— GUILTY. Aged 21.

Confined One Month .

Before Mr. Common Sergeant .

1106. LUKE WILLIAMS was indicted for stealing, on the 4th of March , 2 wooden posts, value 2 s . 6 d ., and one piece of wood, value 6 s ., the goods of Bailey Sherwood and another, his masters.

RICHARD WEBB . I am foreman to Messrs. Bailey and Newman Sher wood, builders, at Lambeth; they contract for the Eastern railroad. On the morning of Monday, the 4th of March, Mr. Davies came and said he had taken one of our men, and showed me some wood, which was ours— we could not miss it exactly, as we have so much.

Prisoner. Q. You never heard any bad character of me? A. No, I did not—he was in our employ about four months, as a night pumper, and should stay till six in the morning—he had no business with wood.

SAMUEL DAVIES . I met the prisoner at Great Ilford, about half-past five o'clock in the morning, about a quarter of a mile from the place where this was taken from—he had three pieces of wood on his shoulder—I asked him where he brought it from—he said a man had given it him out of a cart, to take to the White Horse, to leave there—I said, I thought it was a very strange thing, and I could not take his statement—I took the wood in my care, and Webb claimed it.

JOHN WEBB . I am a night watchman on the Eastern railway. I missed the prisoner at half-past. five or twenty minutes before six o'clock—it was not right for him to go then—he should have stopped till six o'clock.

Prisoner . I came by you, and you asked me what I wanted—I said "Nothing," and walked by you—I had no wood then. Witness . I did not see you with any wood.

Prisoners Defence . I had not two steps to go before I was off the line entirely—I had no wood when I came from there—I received it as I stated—I had done my work—one of the pieces that is sworn to, there was not a piece on the line like it.

GUILTY . Aged 36.— Recommended to mercy by the Prosecutor . Confined Three Months.

1107. JOHN PLAYER and WILLIAM HEARD were indicted for stealing, on the 6th of March , 1 pump, value 3 l ., the goods of Francis Shipston —2nd COUNT , stating it to be the goods of Charles Samuel Chamberlain .

MESSRS. PATNE and JERNINGHAM conducted the Prosecution .

FRANCIS SHIPSTON . I live at Stratford, in Essex, and am a butcher. On the 5th of March, I had a copper pump in my care—I saw it about six o'clock in the evening—I missed it about a quarter to six o'clock the (next morning—in consequence of which I searched my garden, and saw some foot marks—I followed the marks down ray garden, and there I saw the sucker and handle left—the copper pump had been taken over the fence, and I plainly saw it had gone over the next garden—a person of the name of Benham lives there—I observed more foot-marks there—I traced them both right and left—one pale was broken off, but that would not do, and they took it to another place, and dragged it over—the top of the fence was marked with the green and the copperas of the pump—it had been lying by for some time—I went from there into a yard—I did not trace any footsteps beyond that—the officer found the pump.

CHARLES COLLTEB ( police-constable K 38.) On the 6th of March, Mr. Shipston sent for me—I traced the steps over two gardens, and then I fetched the horse-police—I and Johnson found the pump in the prisoner Player's cellar, concealed behind an old door against the wall—I took Player into custody, before I found the pump—I told him I wanted him—he laid, "For what?"—I said, "The copper pump"—he turned pale, and then said he knew nothing about it; but after I found it, he said he found it in the marshes, and that Heard was with him at the time—I observed a green mark on Player's hat—the marshes are close by his premises—I went to Cheatham and saw Heard there—he went there by the name of William Granger—in coming away he said, I might as well have let him be, he would not have troubled us any more.

WILLIAM ROBERT GARDE . I am inspector of the K division of police. I went down to Cheatham and took Heard—he had enlisted in the 44th regiment of foot, in the name of Granger—I asked for his shoes—he said, "If I had had these shoes on me, and the soldier's boots and two sovereigns, I should have been in France"—I have brought one of Heard'? shoes, which corresponded with the marks in Mr. Shipston's garden—I knew Heard before—he lived in Stratford, about the marshes.

DAVID JOHNSON . I am a horse-patrol. I measured the footsteps on the 6th of March—I measured the right foot, and found Player's shoe corresponded with them—I did not trace the footsteps any further that day till the next morning, but I traced the marks of both of them in Benham's garden—there were other marks, but I did not see Heard's shoe compared at all—I saw the first of them in Mr. Shipston and Mr. Ben ham's gardens—there were traces of a pump having been pitched over—I lost the trace of the steps in a gravel walk, and then I traced them again across Mr. Munday's garden, down by the river side—we could not trace the footsteps from the river side to Player's house—we traced the marks of the pump—I was present when the pump was found.

MARGARET BIRD . I keep the Green-man, at Stratford. I know the pri soners at the bar—they were at my house on the evening of the 5th of March, in company with other men—they staid till eleven o'clock, when the company all went—Heard did live at Stratford—since that time I have not seen him there.

Cross-examined. Q. How many were in the company? A. There might be twenty—many of them worked on the railroad.

FRANCIS SHIPSTON re-examined . I saw Heard's shoe compared with some marks in my garden, in the presence of Garde—it exactly corresponded with the marks in my garden, and Mr. Benham's—I did not cover over any foot-mark—I saw it covered over—that was the one I saw compared with this shoe—this is the pump that was lost from my premises—it would require two men to carry it.

(The prisoner Player received a good character.)

PLAYER — GUILTY . Aged 26.— Confined Three Months .

HEARD — NOT GUILTY .

1108. JOHN HOADLEY and JOHN NELMS were indicted for steal ing, on the 27th of March , 54lbs. of lead, value 4 s . 6 d .; the goods of the Guardians of the Poor of the West Ham Union , and fixed to a building.—2nd COUNT , stating them to be the goods of John Pardoe and others.

MR. CLARKSON conducted the Prosecution .

SAMUEL WATERER . I am one of the assistants of the master of the Union Workhouse at West Ham. On Tuesday, the 27th of March, there were some repairs going on at the workhouse—the two prisoners were paupers, and were working on the premises at that time—I saw them coming down from their work at twelve o'clock that day—after one o'clock, I heard some lead had been stolen—I afterwards gave them into custody—Hoadley ran away—I ran after him, and took him about a dozen stones' throw—I charged him with stealing the lead—he said it was in an evil hour that he did it—I saw Nelms in the afternoon—I do not know whether any thing was said to him.

JAMBS SMART . I am constable of West Ham. In consequence of what I learnt, about four o'clock this day, Mr. Mundy brought the two prisoners to me, and told me they had been to Mr. Williams's, and offered some lead for sale—they both said they had found the lead—I took them to the workhouse—I examined the top of the roof, and found some lead missing—Mr. Williams gave me this piece of lead, which I compared with the vacant space on the roof, and I have no doubt it came from there.

Hoadley . He asked at the workhouse gate if there had been any plump ers at work, and they said no. Witness . I did not.

WILLIAM WILLIAMS . I am a dealer in marine stores, and live at Start ford. I was sent for home, on the 27th of March, about half-past three o'clock—when I got home, I found Hoadley in my house, and Nelms at the door—Hoadley brought some lead, and put it on my shop-floor—he wanted me to buy it—I would not—I sent for May and Mr. Munday—I delivered the same lead to Smart—there were 541bs.—I weight it in presence of Mr. Mundy.

Nelms . I was not at your door —I passed by it, and went down to Stratford. Witness . Yes, you were.

Hoadley's Defence . We found it when we came down to go to dinner—we went out—the gate-keeper let us out—we had nothing but the ladder and tools in our hand—if we had that, the gate-keeper must have seen it.

HOADLEY— GUILTY . Aged 62.

NELMS— GUILTY . Aged 51.

Confined One Year .

KENT CASES.

Before Mr. Recorder .

1109. RICHARD BAKER and THOMAS CUTTEN were indicted for stealing, on the 14th of March , 212lbs. weight of coals, value 3 s ., the goods of James Strother .

ANTHONY STROTHER . I assist my father, James Strother, who is a coal merchant, at Woolwich—he is under a contract to the Board of Ord nance. On Wednesday, the 14th of March, we hired a horse and cart of Mr. Watts, to take some coals to the artillery barracks—the prisoner Baker came with the cart—I saw it loaded, and gave him a ticket—I gave directions to Warden to look out—the constable has since produced a tack to me—I should imagine it was one of those sent out with the coals on the occasion in question—it was one of my father's sacks, such as were used on those occasions—I have also seen some coals—they certainly were similar to what we were delivering, but it is impossible to swear to them—the sack contained 224lbs.—they were my father's property that Baker had—this was the ticket I sent Baker with—( looking at it .)

Cross-examined by MR. PATNE . Q. How long have you known Baker? A. From eighteen to twenty yean—I always thought him honest, till this circumstance—he has a large family of very young children—he is in the employ of Mr. Watts, who sends him to drive the cart.

CHARLES STEWART WARDEN . I am superintendent of the Woolwich police. In consequence of information from Strother, I followed a cart that left his premises, loaded with coal, and in Brewer-street I saw the prisoner Baker take a sack full of coals from the cart, and go into a side gate of some premises, where a new house is, about a quarter of a mile from the prosecutor's—I followed him—he was in the cellar when I got in the premises, the coals were shot out, and he had the sack over his arm—there were coals in the cellar where he was, when I got there, which was about a minute after he got in—the prisoner Cutten was also in the cellar, he seemed to have been at work at a carpenter's bench—there was about four sacks of coals in the cellar—I took Baker into custody—he said he was not robbing his master, he would make it all right—he said the coals were going to the artillery barracks, and his master would not be the loser—I told Cutten I took him into custody for receiving these coals, knowing them to be stolen—he said he knew nothing about them, his son had or dered them—before I got to the cellar I heard a question asked, "Shall I settle with you now?"—I believe that to have been Cutten's voice—there were no other persons to have spoken but Baker and Cutten—the cart was a few yards from the spot—the answer I heard made was, "I will see you on Saturday night"—I believe that it was Baker said that—I took pos session of the empty sack, and took some coals, that appeared uppermost, off the heap—I had not lost sight of the cart above a second between the prosecutor's premises and the time the sack was taken out—there was not time for any one to put a sack into the cart.

Cross-examined by MR. PAYNE . Q. Did you not see the sack emptied? A. No, Baker appeared to me to be quite sober—I showed the sack to the prosecutor, and he saw the specimen of the coals.

(The prisoners received good characters.)

BAKER— GUILTYAged 32.— Recommended to mercy. . — Confined One Month .

CUTTEN— NOT GUILTY .

1110. JAMES HUDSON was indicted for stealing, on the 21st of March , 1 necklace, value 5., the goods of Matthew Crawford , from the person of Mary Ann Crawford, the younger.

MARY ANN CRAWFORD . I am the wife of Matthew Crawford, a con fectioner, in Nelson-street, Greenwich. My daughter Mary Ann it two years old—on the 21st of March she had a necklace on, which was worth 5 s .—it fastened with a gold clasp—she was on or near the step of the door, from four to half-past four o'clock—a little girl gave me information—I went out and saw the prisoner running down the street—I ran after him, overtook him, brought him back, and gave him in charge of the police—he said he had not got the necklace—there was another boy with him, who made his escape—I have never found the necklace.

ANN MITCHELL . I am fourteen years old. My father is a shoemaker—I saw Mrs. Crawford's little girl sitting on the threshold of the door, with a necklace on—I saw the prisoner unlock it, take it off her neck, and walk away with it in his hand—two more boys were with him, and were looking in at the window—I am sure the prisoner is the boy who took it—they ran round the corner into the market before he was taken—the other boys were pretty close to him when he took it.

Prisoner . At the office she said she saw the boy walk with the beads, now she says she saw me run.

Witness . He walked at first, but when he turned the corner I did not see him.

JAMES MAHER . I am a policeman. I apprehended the prisoner, and found two pawnbroker's duplicates and 1 d . on him.

GUILTY . Aged 11 .—Recommended to mercy .— Confined Three Months .

1111. HENRY HUDSON was indicted for stealing, on the 20th of March , 4 yards of carpet, value 2 s ., the goods of Edward Jennings .

WILLIAM TREBLE . I am in the employ of Edward Jenning, who keeps a carpet shop in the New Market, Greenwich. On the 20th of March this carpet laid right across the shop—I saw it there on Tuesday evening, about half-past eight o'clock—I did not miss it till the policeman brought it—I do not know the prisoner—this is the carpet—( looking at it .)

HAMMOND SMITH . I am a policeman. I was on duty at New Cross , at eleven o'clock on Tuesday night, and stopped the prisoner about a mile and a half from the prosecutor's house, with this carpet tied round his neck, body, and thighs—I asked him where he brought it from—he said his aunt had given it to him to keep him warm.

Prisoner . Two boys met me, and gave it to me—they told me to say my aunt gave it to me, and if I did not say so they would beat me.

GUILTY . Aged 13.— Confined Three Months .

Before Mr. Common Sergeant .

1112. JOHN PITT was indicted for stealing, on the 28th of March , 1 pair of shoes, value 6 s . 6 d ., the goods of Lewis Davis ; to which he pleaded

GUILTY . Aged 20.— Judgment respited.

1113. JAMES COOTS was indicted for stealing, on the 12th of March 1 watch, value 20 s . the goods of Elizabeth Sinock Bennett , his mistress; to which he pleaded

GUILTY . Aged 15.— Confined Three Months .

1114. LUKE STOCKWIN was indicted for stealing, on the 23rd of March , 11lbs. weight of mutton, value 5 s . 6 d .; and 2 1/2 lbs. weight of beef, value 1 s . 3 d .; the goods of William Wellbeloved , his master; to which he pleaded

GUILTY . Aged 21.— Confined Three Months .

1115. JOHN BOWEN was indicted for stealing, on the 30th of March , 1 umbrella, value 10 s ., the goods of Frederick Wilkinson .

ANN JOHNSON . I am servant of Mr. Frederick Wilkinson, of High-street, Deptford. About twelve or one o'clock on the 30th of March the prisoner knocked at my master's door, and asked if the lady of the house was at home—I said, "Yes," but she was then engaged—he gave me a letter and a basket, and asked me to take it up stairs to my mistress—I took it, and she told me to go down and see after the things—when I came down, the umbrella was gone from the hook, and the stick next to it was gently vibrating—the prisoner was at the door, waiting for the basket, and I saw the umbrella under his jacket—he went on—I watched him a few yards—he took the umbrella from under his jacket, and put it before him—I told my mistress—she told me to go after him—I did so, and a gentleman took him, while I went for a policeman.

JOHN NOERS ( police-constable R 27.) I took the prisoner—he had this umbrella and basket in his possession.

GUILTY . Aged 30.— Confined Three Months .

1116. JAMES DIBBLE was indicted for stealing, on the 15th of March , 1 crown, 5 half-crowns, 2 shillings, and 6 d ., the monies of Mark Culling ford , his master.

SARAH CULLINGFORD . I am the wife of Mark Cullingford, he keeps a public-house at Greenwich; the prisoner was in our employ. On the 15th of March, he came to me for change for a sovereign for Mr. Peede, and I gave it him—I think there were three half-crowns, but I will not swear to it—there was no crown—I gave him full change and some rum, and he went away, and did not return.

JOHN PEEDE . I am mate in the Royal Hospital at Greenwich—I did not send the prisoner for change.

WILLIAM DYKE ( police-constable R 100.) I took the prisoner on the 19th—he denied the charge, but afterwards said he had received the money and spent it.

GUILTY . Aged 20.— Recommended to mercy by the Prosecutor .— Confined Three Months .

1117. HENRY KING and BARTHOLOMEW SLOWLEY were in dicted for stealing, on the 16th of March , 1/2 a bushel of corn and chaff mixed together, value 1 s . 9 d ., the goods of Richard Davis .

WILLIAM DAVIS . I am servant to my father, Richard Davis, a livery-stable-keeper in Plough-yard, Lincoln's Inn Fields. The prisoner, King, was in my father's employ five or six months—in consequence of inform ation, on the 14th of March I mixed some corn in a particular way, so that I might know it again—I cut some brown paper, and mixed up with it—I put it into the boot of the Bexley Heath coach to go to Blackheath, where we send a lot every day for the horses—I did the same with a different shade of paper on the 15th, and put that into the coach—on the 16th I did the

same with a darker paper—I put that in also, and sent it down—it ought to have gone to our stables at Blackheath—I have since seen some corn and chaff produced—here is corn and chaff mixed, and some of the paper that I cut up the first day in it—I know nothing of Slowley—the coaches leave about four o'clock, and arrive about six o'clock.

Cross-examined by MR. DOANE . Q. Has not King been more than five or six years in your employ? A. For this time five or six months, and he was occasionally in our service for years before.

JOHN HYDE . I am a bricklayer, and live in Burley-street, Greenwick I am frequently at my door—I have seen a bag going backwards and for wards from Mr. Davis's to Slowley's premises—I have seen that during the month of March—it was a light coloured bag—I have never seen that bag since, that I know of—I have seen the prisoner King carry It—the last time I saw it was on the 7th of March—Slowley is a poulterer.

JAMES WILD ( police-constable R 141.) On Wednesday, the 14th of March, I went to Burley-street, Greenwich, between seven and eight o'clock in the evening—I saw King go from the stable, which I understand belongs to Mr. Davis, with a sack or a bag on his shoulder—he went across the road, in the direction to Slowley's—I saw him come back again, but I could not perceive whether it was a sack or not then—I went the next night, Thursday, the 15th—I watched the same as usual, and saw King take a pail in the same direction—Slowley was not with him on either occasion—King came back again, and crossed over the second time with a pail, but I could not see what was in it—he came back again and crossed the third time, got a light, came and locked up the stable, and went up the street to Blackheath-hill—I went the next afternoon to a house next door but one to Slowley's gate, in the yard, and at near seven o'clock I saw King come to the back of Slowley's house, with either a sack or bag on his back—he went into the back-door—in eight or ten minutes he came out, and I did not see him again for ten minutes—I then saw him come back again, and go down the yard, apparently to get some water, with a pail in his hand—he went back again, and I did not see more of him till I took him into custody, about half-past nine o'clock—I then went to Slowley's, and knocked at the door—his wife opened the door, and said he was not at home, he was gone to get beer—he came in—I said I came to search his house, for the corn that he had received from the ostler, opposite—he made no reply—I went into the back-room, and in a tub under the table I found this portion of corn, which I now produce, and on the table I found this empty bag—I asked him where he got it—he said he bought it of a man named Shove, of Lewisham.

JOHN BARNETT . I am coachman of the Bexley coach. I received the corn on these several days, and delivered it as I received it to King, the ostler.

(The prisoner King received a good character.)

KING — GUILTY . Aged 30.— Recommended to mercy by the Prosecutor .

Confined Six Months .

SLOWLEY— NOT GUILTY .

1118. JOHN BAKER was indicted for feloniously assaulting James Willey , with intent to rob him.

JAMES WILLEY . I am a time-keeper on the Croydon Railway. I receive

the men's money on Tuesdays, Thursdays, and Saturdays—the prisoner worked on the railway—I am not conscious of giving him any offence—on the 3rd of April I was at Brockley public-house at dinner—I left about two o'clock, and when I got into the road to go to the office, I was about twenty yards from the public-house, when the prisoner jumped over the short palings and collared me—he said, "I want money, and will have it"—I said I had got none—he said he wanted money, he would have it, he knew I had got money—I collared him then, and in the scuffle we fell—I got up again and tried to get away—he followed me, collared me again, and said, "You d—d old b—r you have got money, and I will have it"—we had another tustle, but I got away from him.

Cross-exanined by MR. JOKES . Q. This was at two o'clock in the day? A. Yes, and twenty yards from the public-house—I left one person in the parlour—I did not cry out for assistance—I got away from him, and went to the officer to consult about taking him—the public-house was much nearer, but the prisoner was between me and the public-house—I believe he was in liquor, but not very drunk—he was taken three hours after, with twenty-six other men, on a charge of stealing four gallons of beer—I was not much frightened—there was a man pawing, I did not apply to him for assistance—who he was, or what he was, I do not know.

NOT GUILTY .

1119. JOHN BAKER was again indicted for stealing, on the 3rd of April , 4 gallons of beer, value 5 s . 4 d ., the goods of John Beardwood .

JOHN BEARDWOOD . I am an excavator, and the prisoner is the same. I had four gallons of beer there for my own men—I did not see it taken—the boy who brought it is not here—the prisoner said that they wanted some beer, and I would not let them have it, and then he and twenty-six more went and took the four gallons.

CHARLES ATKINS . I am the constable. I took the prisoner—he was rather fresh, and very violent, and the next morning he said it was a bad job, he was very sorry for it, but be should not have done it if he had not been drunk.

Cross-examined. Q. That was about the other charge, was it not? A. No, both together.

NOT GUILTY .

SURREY CASES .

Before Mr. Recorder .

1120. JOSHUA CLARKE was indicted for stealing, on the 27th of March , 1 handkerchief, value 3 s ., the goods of Henry Morse , from his person.

HENRY MORSE . I am a printer; I am on a visit to my father. On the 22nd of March about eight o'clock at night, I was in the Borough, near Red Lion-court—I felt a tug at my pocket, and turned round instantly—the prisoner was near me—I saw my handkerchief in his possession—he threw it down—I stooped to pick it up, and he ran off—he was taken in about five minutes—I am sure he is the same person.

THOMAS PRITCHARD . I was in company with the prosecutor—I turned

round, and saw the handkerchief in the prisoner's hand—he threw it down, and ran away—I followed him about 100 yards, and secured him, without losing sight of him.

( Property produced and sworn to .)

GUILTY . Aged 16.— Confined Six Months .

1121. CORNELIUS SWEENEY and CHARLES HERON were indicted for stealing, on the 1st of March , 1 bottle, value 2 d .; and 1/2 a pint of soy, value 6 d .; the goods of Thomas Bull ; and THOMAS JOHNSON for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

JOHN ALLISON . I am in the service of Mr. Thomas Bull, of No. 80, Tooley-street. On the 1st of March my attention was called to ratting among the pickles near the door, and, on going into the shop, I saw the prisoner Heron going from the door, with something concealed in his jacket—I saw him give something to Sweeney, and both ran across the road to gether—I missed a bottle of soy and a bottle of pickles.

JAMES TIDMARSH ( police-constable N 51.) I took Heron, and a boy named Collins into custody; and in consequence of information Collins gave me, I went, with Randle, to a marine-store dealer's in College-street where the prisoner Johnson lives—Mrs. Johnson was in the shop, she ran up stairs, and Randle followed her.

JOHN RANDLE ( police-constable N 141.) I followed Mrs. Johnson up stairs, and when I did so, the prisoner Johnson ran up stairs also; but pre vious to that, while I was running up stairs, he hallooed out, "Mother"—he came up stairs after me, with some gin, as I suppose—he said, "It is a bad job," and wanted me to have some gin—I saw Mrs. Johnson coming out of the back room, with something behind her—I asked her what she had there—she hesitated a moment—Johnson was at the foot of the stairs at the time, about eight yards off—I found she had a bottle of soy and a bottle of catsup—I found nothing on the premises except the bottle of soy in relation to this charge—Allison claimed the bottle of soy.

Cross-examined by MR. CLARKSON . Q. Did you say a word before the Magistrate about his saying it was a bad job? A. I think I did—my de position was read over to me—I mentioned it at the first examination—it was his wife he spoke to when he called "Mother."

JOHN COLLINS . I know the prisoners Sweeney and Heron—I remember being taken into custody on the 2nd of March, about seven o'clock in the morning, Heron was taken about an hour after—I heard Heron say, the night before, "Perhaps we might sell them to Johnson, if we could get any soy"—I was near Mr. Bull's shop at the time, seven or eight doors off—I saw Sweeney and Heron go by the shop, and then come back—I do not know whether they had any thing with them—if they had, it was under their waistcoats—Heron said, "Perhaps we can sell them at Johnson's;" and Matthew Ryan said, "Do you think he will buy them?"—there were two more boys besides the prisoners—Sweeney's little brother was one—I did not see them go to Johnson's—I left them by the rail-road, and went home.

Heron . I said no such thing—I never knew Johnson till he was in prison.

COURT . O . Were you all out on the look out? A. No, I was not on

the look out—I went to sell my fruit, and sold it earlier than usual, and went to have a game of play—there were six of us altogether.

JOHN ALLISON re-examined . I know this soy from the peculiarity of the label—and I dropped some sealing wax on it in sealing it.

MR. CLARKSON . Q. Does anybody else serve in the shop besides you? A. No, master does not serve—I am the only person there except the boy, who never serves—I have never been mistaken in swearing to my master's property—I did not swear to property in the possession of a man named Jackson—I claimed some which I supposed to be ours—the man was not given in charge—I told the policeman to take a warrant for his appearance next morning, and I believe to this day it was our property—my master appeared, and the man was discharged.

COURT . Q. Where was Sweeney at the time Heron gave him something? A. About two yards from the door, outside—I did not see either of them inside the shop.

NOT GUILTY .

1122. THOMAS JOHNSON was again indicted for stealing, on the 2nd of March , 3 knives, value 3 s .; and 2 forks, value 2 s .; the goods of Charles Prockter .

JAMES TIDMARSH . I am a policeman. On the 2nd of March, I went with Randle to the prisoner's house, and found three knives and three forks in the front bed-room over the shop—I spoke to Mrs. Johnson about them, but not in his presence.

JOHN RANDLE . I searched Johnson's house on the 2nd of March, and saw the knives found up stairs in the front room, in a sort of knife box—it had other knives in it—the prisoner was in custody then—he had come up stairs before I found them—when I was searching the front of the shop, he said we might search and should find nothing—I saw his wife go up stairs very quickly—I followed after her, and saw her come out of the back room with her hands behind her—the prisoner came up stairs at that time with some gin—he wanted me to have some—I said no, I did not do business in that way, I was there to do my duty—we took him into custody—I went back afterwards, and found the knives and forks—the knives were in a box covered up.

CHARLES PROCKTER .—I keep an hotel in Westminster-bridge-road, which is about two miles from Johnson's—I never saw him at my house—these knives and forks are mine—I have lost eight of them.

Cross-examined by MR. CLARKSON . Q. When did you lose them? A. I cannot positively say—I should think it must be sixteen months or two years ago.

COURT . Q. Do they appear more used than when you lost them? A. Much in the same state—there is no alteration made in them.

JOHN KINGSEY . I went to Johnson's house after he was in custody, and found another knife, in a knife-tray, in the house which Mr. Prockter owned—the prisoner keeps an old iron shop—the wife serves in it every day, and the husband also at times.

NOT GUILTY .

1123. THOMAS JOHNSON was again indicted for stealing, on the 2nd of March , 6 hanks of twine, value 3 s .; the goods of Benjamin Edgington .

JAMES TIDMARSH . I am a policeman. I assisted Havill in searching the

prisoner's premises after he was in custody, and saw the twine found in the back-room, first floor—it was in a box which had no lid to it.

GEORGE HAVILL ( Police-Constable N 12.) I found this twice in the back-room, first floor, in two boxes, the white in one, and the dark colour in another—there was a bedstead in the room, but no bed.

JOHN VAN PAINE . I am foreman to Benjamin Edgington, sack manu facturer in Duke-street—I know this twine by the peculiar way it is done up—we mark it all—it is worth three shillings—I cannot tell How long it had been missed—it must have been stolen—we have done twine up is this way for about five years.

Cross-examined by MR. CLARKSON . Q. You did not miss any till it was brought to you? A. No.

NOT GUILTY .

Before Lord Chief Baron Abinger .

1124. ALFRED FAWCETT and JOSEPH KENT were indicted for bur glariously breaking and entering the dwelling-house of Ann Criddle , at St. Mary, Newington , about the hour of two in the night of the 16th of March , with intent to steal, and stealing therein, 1 purse, value 2 d .; 2 s .; and 1 d .; the goods and monies of Harriet Tester ; and 1 table cloth, value 2 s . 6 d . the goods of the said Ann Criddle.

HARRIET TESTER . I am single, and live as servant with Mrs. Ann Crid dle, who is a widow, in New-street, in the parish of St. Mary, Newington.

On the night of the 16th of March, I fastened up the house. Quite secure, at a quarter past eleven o'clock—I was called up about a quarter past three in the morning, and when I came down I found the house had been broken open—the window had been broken, and somebody had got in—the table-cloth was removed, and 2 s . 1 d . taken out of a purse—the prisoners had been taken when I came down—I was called up by the young ladies in the house.

MICHAEL MADDIGAN . I am a policeman. On the night of the 16th of March, I was on duty in New-street, and heard a noise at the back of Mrs. Criddle's house—I went to see what it was, and saw the prisoner Fawcett in the prosecutrix's kitchen, with another man, who I believe to be the other prisoner, according to his height, dress, and general appearance, but would not swear to him—I stopped a short time, and saw them open the dresser drawer, and take out a table-cloth, a purse, and several other things, and place them on the dresser—they took up a pair of gentlemen's boots, and put them down again—I got over the wall, and disturbed them, and Fawcett hit at me with a hair-broom which he had in his hand—they got over several walls, and parted in different directions—I followed Fawcett—he got over a wooden fence, and left his hat behind him—he came to a ditch by the side of the Zoological Gardens—he could not get over that, but he got over a wall, and my brother constable' caught sight of him the moment I lost him did—the other man got away, and was taken next morning.

Fawcett . Q. Where did you first see me? A. In the prosecutrix's kitchen—the door was open—when you came out you got over a brick wall, and then over another wall seven feet high, when I lost sight of you, and a constable took you directly—you got over five brick walls before I lost sight of you.

COURT . Q. Did you know Fawcett before? A. Yes, and Kent also—

I knew them both, and am satisfied Kent is the man, but I will not swear to him.

Fawcett. Q. Do you know what sort of a night it was? A. Quite light—when I saw you in the kitchen it was twenty minutes after two o'clock—I was quite close to you when you hit me with the broom—I knew you before, having seen you some hundreds of times before—your father lives at Camberwell, and I worked close to where he lived, and have known you from a child.

EDWARD MARTIN . I am a policeman. On the sight of the 16th, I was on duty at Diddington-grove, and heard my fellow-constable make an alarm—I ran and saw Fawcett—he jumped over a wall into a ditch—I got him out—he struggled—I secured him, and locked him up—I know nothing of the other prisoner.

Fawcett. Q. Where were you when you saw me jump over the wall? A. At the corner of the grove—you fought with me in the ditch, till I took out my staff—you said, "Don't strike me, and I will go with you" the grove is about fifty yards from the wall you jumped over—I saw you drop from the wall and run away—I took you in the ditch—I jumped in up to my middle after you—there is no thoroughfare where the ditch is.

ALEXANDER CHARLES BLISS . I am a policeman. On the night of the 16th I received information, and went to the back of Diddington-grove in search of the prisoner, who had got away—I found Fawcett's but dropped on some loose ground, and half a handkerchief hanging on a tree, and marks where a person had got over some palings—I do not know Kent—I have seen Fawcett several times.

THOMAS WRIGHT . I am a policeman. On the 17th of March I took Kent into custody, at the Nelson public-house, Camberwell—I told him I wanted him for being with Fawcett, and committing a robbery in Didding ton-grove—he said he had not seen Fawcett for three weeks, but I know that they lived together at a public-house—I took his shoes off, and went to the premises with my brother-constable, and matched the shoe marks with two persons going in, and one going out, towards Penton-place—the steps of one of the persons corresponded with those shoes.

Kent. Q. Have you ever been in Spencer's house, where you say you have seen us together? A. I have been at the corner of the street, and watched you both in, night after night repeatedly—there is a mark of half a tip on your shoe, partly worn away, and also nails—I am sure you said you had not seen Fawcett for three weeks.

HENRY FINCH . My mother keeps the Rodney Head public-house in Suffolk-street, Borough. I know the prisoners by sight—I saw them at my mother's house on the 16th of March, about nine o'clock in the evening—they left the house about half-past twelve o'clock, and went away together—I do not know where the prosecutrix's house is.

Fawcett. Q. When we came down stairs do you know where we went? A. Into the tap-room—you both went out at the door together—I did not let you in again—I let nobody in after you went out at half-past twelve o'clock—a man named Savage, a shoemaker, did not go up stairs, to my knowledge-Kent did not go away with Mr. and Mrs. Spencer, and Mr. Watson—several people went out when you did.

Fawcett . It was about half-past one o'clock when I went out—I staid out an hour after Kent went Witness . There were no persons in the house at one o'clock.

Fawcett's Defence . I went to this man's house on Friday evening—it was open lodge night—I went about half-past eight, and staid till half-past one o'clock in the morning—we had thirteen or fourteen glasses of gin and water, and three or four pots of beer—I was intoxicated when I went in—I went down New-street and Diddington-grove, to go to James street, and instead of taking the first turning as I ought, I took the second turning, which is not a thoroughfare—I was turning back when the police man jumped out, all at once he jumped on me, knocked me into the ditch, and pulled out his truncheon—I said, "Pray do not hit me, I will go with you wherever you want," and as we came along the street, a man opened his window, and said, "Thieves, there are thieves at the back of my house"—the policeman said, "I have got one of them here"—he said, "No, that is not him, I can hear them now at the back of the house"—I always wore a blue cap, and had one on when the policeman came up to me.

Kent's Defence . I am innocent—I hope you will look into it.

KENT — GUILTY . Aged 21.

FAWCETT — GUILTY . Aged 21.

Transported for Life .

Before Lord Chief Baron Abinger .

1125. JOHN FITZGERALD , alias Doran , and JOHN STEVENS , were indicted for feloniously breaking and entering the dwelling-house of Richard Shrubshall , on the 1st of April , at St. Mary, Newington , and stealing therein, 4 handkerchiefs, value 6 s .; 1 cap, value 7 s .; 1 pair of sugar tongs, value 7 s .; and 2 medals, value 3 s .; his goods.

RICHARD SHRUBSHALL . I live at No. 22, East-street, Walworth, in the parish of St. Mary, Newington. On the 1st of April I went out between three and four o'clock in the afternoon, after locking up my house—on returning between ten and eleven o'clock I found my house in possession of the police—I found a pane of glass broken, the catch of the window moved aside, and the window open—I found next morning at the station-house the articles stated in the indictment, which belong to me.

JOHN RANGECROFT . I am an officer. On Sunday night last, about half-past eight o'clock, I was going down East-lane—a young man came and pointed out the prosecutor's house, and said there were thieves in it—I saw a light at the window—he said a policeman was gone round to the back door—I pulled the shutter open, put up the sash, and went into the parlour—neither the shutter nor window were fastened—when I got in I went into the passage, and at the bottom of the stairs sat Fitzgerald, and then the other—they had got a candle—I brought them into the parlour, and before the policeman came to my assistance Fitzgerald dropped the four handkerchiefs, the sugar tongs, and cap, from his person—the policeman came and searched him, and found two medals in his pocket—on Steves he found some skeleton keys—they gave no account of themselves—I Pro duced the property next day at the police office to Mr. Shrubshall, and he identified it.

Fitzgerald . I did not go into the house till the witness did—I went in with him—I saw two policeman go in, and eight more men—I followed, and saw the articles on the ground, and took them up. Witness . Nobody went in with me—he was at the bottom of the stairs with a candle in his hand when I collared him—there was not a soul in the place but us, when

he dropped the things—I said when he dropped them, "That is quite as well at if I had taken them from you."

COURT . Q. Did you observe if the house had been broken? A. No, I did not—I pushed the window up at once—I do not know How they had got in.

Stevens . Directly you came into the house you collared me. Witness . I found you in the passage—not a soul was in the house besides us, and the skeleton keys were found on you—the street door was so fast we could not get it open, and I was obliged to take them out at the window.

JAMES MASON . I am a policeman. I was going up East-lane, about half-past eight o'clock on Sunday night, and received information—I went round to the back of the house, and saw it all safe there—I then got in at the front window, and found the prisoners in Rangecroft's custody—there was nobody else in the house—on Stevens, I found a skeleton Key, and a latch key, a lucifer box and matches—I searched Fitzgerald, and in his pocket found two medals, both having the prosecutor's name on them. I found six keys, up stairs, on the bed—after leaving the house the prosecu tor gave me a chisel which he had found—he saw the property next day—I examined the house—they had broken a pane of glass in the front win dow, and opened the sash.

Fitzgerald. Q. Do you know that we broke the glass? A. I found it broken—other people came into the house when I did, but not before—I found you in custody.

Fitzgerald's Defence . I went into the parlour, the window being open, with about ten more men.

Steven's Defence . I say the same.

FITZGERALD — GUILTY . Aged 30.

STEVENS — GUILTY . Aged 31.

Transported for Fifteen Years .

Before Lord Chief Baron Abinger .

1126. ALFRED MOODY was indicted for stealing, on the 8th of February , 1 watch, value 7 l . 10 s .; 1 watch chain, value 30 s .; 1 key, value 2 s .; and 2 seals, value 1 l .; the goods of Charles Joel Kent , in his dwelling house.

CHARLES JOEL KENT . I keep a public-house in Newgate-market. On the 8th of February, I had occasion to go down into my cellar, to the water-closet, about three or four o'clock in the afternoon, and left my watch there—I did not miss it till about nine o'clock at night—I had some bills printed next day, offering a reward for the watch, and on the 7th of March I received two letters—I went over to a place where I was directed to go, to receive a watch, seals, and key, on leaving 5 l .—I did not leave any money, but saw the landlord of the house, and informed him of it—I did not see the prisoner—he was in the habit of using my house.

THOMAS WILLIAM REDFORD . I am a policeman. On the 9th of Feb ruary from information I received, I went to No. 148, Blackfriars-road, and received a watch and appendages from a Mr. Noel.

WILLIAM BOND . I am a policeman. I apprehended the prisoner at the house of Mr. Kent, on suspicion of stealing the watch, in consequence of information I had from a prisoner now in custody—on the way to Union-hall, he said it was a bad job, and he wished he had had nothing to do with it—I asked him if there was anybody in it besides a man I had

in custody—he said "No," but afterwards said "Yes," and said the watch was given him by a man named Wilson—I asked him if he could tell me where Wilson lived, or where he worked—he said he could not—the watch was not produced in his presence—Mr. Kent had sent for the prisoner to his house—he came, and I said be was my prisoner—he asked what for I said, "Respecting the letter sent to Mr. Kent, and respecting the watch he has lost."

JOHN CORNELIUS M'BANE . I am in the habit of going to the prosecu tor's house, having some writing to do for two or three butchers there—in consequence of the letters being sent to the prosecutor in a law hand, he suspected me of writing them, and had me taken into custody—he took me over the water, to Noel's house—on the 2nd day a policeman, Bond, took the prisoner into custody, and presently said to him, "This is a bad job, have you any family?"—he said, "I have—it it a bad job, and I am sorry that I did it."

NOT GUILTY .

Before Mr. Sergeant Arabin .

1127. JAMES HURLEY was indicted for stealing, on the 2nd of March , at St. Mary, Lambeth , 1 watch, value 10 l ., the goods of Sarah Brownell , in her dwelling-house.

ANN NASH . I am servant to Sarah Brownell, a widow, in Marlhorough-place, Kennington, in the parish of St. Mary, Lambeth. About the 2nd of February, a man, who I believe to be the prisoner, came and offered some fowls for sale—he asked me to show them to my mistress, who was in the parlour—I did so—I saw the watch on the table just before—mistress did not wish to buy the fowl—he asked 3 s . for it, and then half-a-crown—I disputed the fowl being young, and he said he would leave it and call for the money in a fortnight—he went away leaving it, and did not call for the money—I never saw him again till he was taken up—mistress's watch was missing when he was gone—this is it—( looking at it .)

AMBROSE BRADLEY . I am a pawnbroker. On the 6th of March, I was at Mr. Sowerby's, a pawnbroker, who lives in the same street as I do—while I was in the dining-room, this watch was brought up to him as offered to pawn for 25 s .—Mr. Sowerby being ill, requested me to go down and question the person—I went down and saw the prisoner—I asked him if it was his watch—he said "Yes"—that he bought it of a man in the street and gave him 3 l . for it, and he had had it six months—it was a gold watch—I should value it at 10 l .—I gave him in custody.

GUILTY . Aged 44.— Transported for Ten Years .

Before Mr. Common Sergeant .

1128. JOHN HAYES was indicted for stealing, on the 27th of Feb ruary , 1 jacket, value 12 s ., the goods of William Goodman .

WILLIAM GOODMAN . I keep a beer-shop in the London-road. On the 27th of February, the prisoner was in my tap alone—I missed my jacket just upon ten o'clock at night—I had seen it safe about a quarter before ten o'clock—I was pulling the prisoner out—my wife came to assist me, and then the jacket was gone—Lincoln, who was bound over, and has since absconded, was assisting me in the bar—he went and ordered the prisoner out.

THOMAS WINCH . ( police-constable M 40.) I received information and took the prisoner into custody—I took him to Mr. Goodman's house, when he identified him as being the person who had been at his house.

HENRY ERRTNGTON . ( police-constable M 81.) I was with my brother officer when he took the prisoner—I had found him sleeping once or twice in a cart, and I went to some carts and found this jacket in an apron, rolled up, about twenty minutes past ten o'clock.

NOT GUILTY .

1129. THOMAS BOWMAN was indicted for stealing, on the 28th of March , 1 shawl, value 5 s ., the goods of William Carter .

WILLIAM CARTER . I lodge at Freeman's, in Wandsworth. Between six and seven o'clock on the evening of the 28th of March, I missed my wife's shawl—this is it—( looking at it )—the prisoner slept in the same house as I did.

JAMES DONOVAN . ( police-constable V 34.) I took the prisoner.

FANNY STEWARD . This shawl was pledged at my house on the 28th of March, by the prisoner.

Prisoner . I was very tipsy—I do not know whether I did pawn it or not. Witness . He was not tipsy.

GUILTY . Aged 27.— Confined Three Months .

Before Mr. Sergeant Arabin .

1130. CHRISTOPHER ATKINSON was indicted for stealing, on the 15th of February , 1 pair of shoes, value 3 s ., and 1 pair of gaiters, value 1 s .,.(he goods of Henry Cooper ; 1 pair of trowsers, value 10 s ., and I towel, value 6 d ., the goods of Boyd Alexander ; to which he pleaded

GUILTY . Aged 37.— Transported for Seven Years .

(There were two other indictments against the prisoner.)

Before Mr. Common Sergeant .

1131. MICHAEL NUSHAM and ANN JOYCE were indicted for feloniously receiving, on the 23rd of February , of a certain evil-disposed person, 1 pair of ear-rings, value 5 s .; 3 rings, value 18 s .; and 1 musical box, value 11 s ., the goods of Henry Ballard ; and 1 ring, value 6 s ., the goods of Samuel Miller , which had been lately before stolen, well knowing them to have been stolen; against the Statute, &c.

MR. ADOLPHUS . conducted the Prosecution .

HENRY BALLARD . I am a jeweller and watchmaker, and live at Upper Edmonton. On the night of the 13th of February, my house was safely locked up—I was the last person up—in the morning I discovered that it had been broken and entered, and all the property that was within reach was taken—there were between seventy and eighty pairs of ear-rings, seventy brooches, a musical box, a time-piece, and other things—for some time I heard no trace of the robbery—after the 20th of February I received some information, and some things were produced to me—I can swear to them as mine.

Cross-examined by MR. DOANE . Q. Were you in partnership with Mr. Miller? A. There was an agreement entered into between us—I went to him to learn the business of a watchmaker—he absconded, to my great surprise—I have reason to believe he has made his way to the West Indies

—he left me before these things were stolen—I was not living in the house at the time he left—I received a letter to say that I was to attend to his business as well as my own while he went away—I am living there now—the landlord accepted me as tenant—I am not living in the same house with Miller's wife—I have got rid of her—these things were not his—I will swear that they are all mine.

JOHN COLLISON ( police-sergeant L 12.) On the 23rd of February, I went in company with another officer to No. 14, Margaret-street, Borough-road, about nine o'clock in the morning—one constable knocked, there was no admittance—a woman at the next house opened the door—I popped in, got over the tilings, and got in at the back parlour of the pri soner's house—I found the two prisoners in bed—the woman put up her hand, and I saw she had five rings on one finger—I took three of them off—the other two I could not get off—she cried and objected to my having them—the other con stable was searching about, and he found some other things on the mantel-piece—the male prisoner was lying in bed—he said the rings were nothing but what belonged to her, or something of that kind—I took the rings to the prosecutor—he had no difficulty in knowing them—he had given a description of the property before.

Cross-examine. Q. Did you find some other persons in the house? A. Yes, three more females in another part of the house—I believe they had been in bed—they came down half-dressed.

HENRY KIDNEY . ( police-constable L 86.) I went to the house with Collison—I found a pair of ear-rings and a pearl and garnet ring on the mantel-piece—the prisoners were in bed together—these are the things I found—( producing them )—the male prisoner said there was no other pro perty but only what was hers, alluding to Joyce.

JANE DAWSON . I am the wife of William Mason Dawson. I know the two prisoners—they lived at No. 14, Margaret-street—they had the house—I lodge there, and paid rent to Mr. Nusham—I was present when they were apprehended.

NOT GUILTY .

1132. RICHARD DAY was indicted for embezzlement.

WILLIAM PALMER . I keep the Bull's Head, in Great Dover-road. The prisoner was my servant, he was to carry out wine and spirits, and to receive the money from ray customers, and pay it to me the day he received it—I have customers of the names of Kenny and Rosier—if he received on the 24th of March 18 s . 8 d ., and 15 s ., I have not had it—he has not paid any thing for Kenny or Rosier—he absconded from my house on the 27th of March, when he was sent out with half-a-dozen of wine to Rosier.

SUSANNAH ROSIER . I have been in the habit of dealing with the pro secutor—I paid the prisoner 15 s . when he brought the wine, on the 27th of March, for his master—I have the receipt.

MARY ANN KENNY . My father deals with the prosecutor. On the 24th of March, I paid the prisoner 18 s . 8 d .—I have the receipt for it.

Prisoner's Defence . I overtook a young man who asked me to stand treat with some gin—I said I had no money of my own—he said I had in my hand—I said that was my master's—he said I could spend a shilling or two of that, and he would make it up at night—he never did—and then when I went out again I did not like to go home.

GUILTY . Aged 21.— Confined Three Months .

1133. EDWARD NUNN was indicted for a misdemeanor.

MESSRS. CHAMBERS and THOMPSON . conducted the Prosecution .

ANN RIVERS . I am the wife of John Henry Rivers, who keeps the Fox and Hounds, at Southwark. The prisoner came to my shop on Friday, the 16th of March, between eleven and twelve o'clock—he asked for three half-pennyworth of gin, and offered a half-crown—I said it was a bad one, and I pushed it towards him—he said it was not a bad one, I did not know a bad one from a good one—I took it, and put it on a back table, and said, whether bad or good I would not return it, and made a motion to a lad to fetch a policeman, which he did, and took him—I gave the half-crown to the policeman—he said I had better mark it, which I did.

Cross-examined by MR. DOANE . Q. How long was he in your place? A. Not more than five minutes.

EDWARD JOHN JEANERET ( police-constable M 20.) I took the prisoner, on the 16th of March, at Rivers's house—I searched him, and found one half-crown, six shillings, one sixpence, and 9 d . in copper, all good money—he pretended to be drunk—I never saw a person who was drunk act as he did—I believe it was feigned.

Cross-examined. Q. Will you swear he was perfectly sober when you took him into custody? A. He was when I got him to the station—I can not say whether he was when I took him.

JOHN WILLIAM CHURCH . I keep a beer shop in Penton-street, Walworth.

On the 19th of March, a man, who I believe to be the prisoner, came and asked for half a pint of beer—I served him—Mrs. Church took the shilling, and gave 11 d . change—he then left—in a quarter of an hour I saw him again—he then asked for a half-pint of beer, and offered a half-crown—I said, "My man, this is a light one, it won't do"—I meant it was a bad one—I returned it to him immediately—he left the house, signifying that he had just taken it from some woman—before he left he paid me with a penny—I went to the door a few minutes afterwards, and gave directions that to Trafford, the policeman—I did not see the prisoner again till he was commit ted at Union Hall—I think that was a fortnight or three weeks afterwards—I saw him by himself—he resembled the man that offered the half-crown, but I could not swear to him—I had the shop full of customers at the time, and I hardly took sufficient notice of him.

JOHN TRAFFORD . ( police-constable P 176.) On the 19th of March Church gave me some information, in consequence of which I took the prisoner into custody about three hundred yards from Mr. Church's house, walking up the street—I asked what he had got in his hand—I saw he had something—he did not make any answer—he kept his hand clenched—I attempted to open it, and made his fingers bleed—I threw him down, and succeeded in opening his hand—I found in it this counterfeit half-crown—( producing one )—I took him to the station, and found on him one shilling, three sixpences, and 1 s . 4 1/2 d . in copper—he was drunk at that time.

Cross-examined. Q. What was the charge you took him up for? A. For being drunk—when I took him to the office he was identified as having been there on the Saturday.

JOHN FIELD . I am inspector of counterfeit coin to the Mint. These half-crowns are both counterfeit, and both from one mould.

(The prisoner received a good character.)

GUILTY . Aged 28.— Recommended to mercy by the Jury .— Confined Three Months .

1134. JOHN BURTON was indicted for stealing, on the 8th of Febru ary , 2 sheets, value 8 s .; 1 counterpane, value 10 s .; 1 blanket, value 4 s .; 1 table-cloth, value 3 s .; and one looking-glass and frame, value 20 s .; the goods of Francis Scipio ; also, on the 12th of February , 1 pair of boots, value 12 s .; 2 sheet,, value 5 s .; 1 brush, value 1 s ; and one pair of shoes, value 8 s .; the goods of Richard Bolt : —also, on the 24th of February , 2 blankets, value 10 s .; 1 counterpane, value 10 s .; 1 sheets, value 3 s .; and 1 table cloth value 3 s .; the goods of Hannah Abel : —also, on the 13th of March , 1 table-cover, value 5 s .; 1 hearth-rug, value 9 s .; 2 blankets, value 15 s .; and one counterpane, value 13 s .; the goods of Christopher Battcher ; to all of which he pleaded

GUILTY . Aged 63.— Confined Twelve Months .

1135. JAMES FOY was indicted for embezzlement.

JOSEPH GROSS . I am cart-grease manufacturer, and live in Little Lant-street, Southward. The prisoner was in my employ—it was his duty to send goods out, and afterwards to call and receive the money, and pay it to me as soon as he received it—he has never paid me 4 l . 2 s . 6 d ., as received, on the 12th of February from Rowland and Brewer—I sent him several times for it—he told me it did not suit them to pay then—when I came home off a five-weeks' journey, I asked him to call again, and he told me they wished to run a six-months' account—he has never paid me 2 l . 7 s . 6 d . received on the 5th of March, nor has he entered it in the book.

Cross-examined by MR. BALLANTINE . Q. How are you able to tell what money is paid on different days? A. The dates of the bills of parcels which he signs will show—it was the prisoner's duty to enter the sums of money he received in this book—no such sums are entered—I have the two bills of parcels which he signed.

HENRY COX . I am clerk to Messrs. Rowland and Brewer, of High-street, Southward We deal with Mr. Gross—I paid 4 l . 2 s . 6 d . on his ac count to the person who signed this bill in the name of Foy, and I after wards saw Mr. Brewer pay 2 l . 7 s . 6 d . to the same person.

JOSEPH GROSS re-examined . These bills are both in the prisoner's hand-writing—I have two other men in my employ, but they cannot write at all—I have seen the prisoner write, and know his hand-writing—the prisoner has been in my employ for ten months—he bore a good character up to this time—his wages were small.

(The prisoner received a good character.)

GUILTY . Recommended to mercy .— Confined Three Months .

1136. RICHARD PALMER and JAMES STRUGNELL were in dicted for stealing, on the 18th of March , 1 sheep, price 2 l . 5 s ., the property of Francis Peachey .—2nd COUNT , for killing with intent to steal the carcase.

MR. BALLANTINE conducted the Prosecution .

FRANCIS PEACHEY . I am a butcher, residing at Brixton. On Friday, the 16th of March, I instrusted Edwards, my servant, to take ten sheep to Herne-bill to feed—I have since seen some pieces of skin which I know belonged to my sheep—it had my mark on it—it belonged to one of those I sent Edwards with—I also saw some sheep's feet, but I do not identify them.

WILLIAM EDWARDS . I am the prosecutor's servant. On Friday, the

16th of March, I drove ten sheep of his to a field belonging to Mr. Devas, at Herne-hill—on Monday afternoon, the 19th, I went to fetch them away, and missed one—I looked about, and on the bank parting two fields, I ob served some foot-marks—I followed those foot-marks—they led to the back of Regent's-row—I found a little wool on each of the hedges through which I passed, and I found the heel of a shoe—this is it—I examined the foot-marks—I should say they were foot-marks of two persons, as they were of different sizes—I gave the heel to my mistress—she is not here.

MR. DOANE . Q. Was anybody with you when you traced those foot-marks? A. My young master, Mr. Peachey—he is not here—it was not very fine weather—I do not recollect whether it had rained just before, it was rather damp—the hedge is on the top of a very high bank—it is not unusual for sheep to get up, and leave their wool there—I only saw one gap in the hedge—the foot-marks went within forty yards of Regent's-row—there are about thirty houses in the row.

MR. BALLANTINE . Q. What description of ground was it where you the foot-marks? A. There were tares sown there—it was not very ground—it was a little damp—I was not able to see the foot-marks distinctly—some I could, and some not.

JOHN WEBB . I am in the service of Mr. Devas. On Sunday, the 18th March—between one and two o'clock in the afternoon, I counted the sheep in Mr. Devas's field, and there were ten belonging to Mr. Peachey.

SAMUEL WILLETER . ( police-constable P 132.) On Tuesday morning, the 20th of March, I went to Mr. Devas's field, and saw the foot-marks—I fol lowed them to a field at the back of Regent's-row—the prisoner Palmer lives about 140 yards from where I found the last foot-marks—the foot-marks stopped there—it was where the sheep was slaughtered, for there was a deal of trampling and blood there—I received the heel of a shoe from Mrs. Peachey—I had observed that one of the foot-marks was without a heel—there appeared to be foot-marks of two persons—I took Palmer into custody, and when I took him to the station-house I examined his shoes, and found one shoe deficient a heel—I have compared that heel with his shoe, and they exactly correspond.

JOHN STOFFELL . I am a policeman. I accompanied Willeter to the field, and saw the foot-marks—I observed some small portion of wool on the hedges where the foot-marks had been—the prisoner Strugnell lives about forty yards from the last foot-marks—nearer than Palmer—I accom panied Willeter to Strugnell's house, and saw him take a bag from the top shelf of a cupboard there—it contained fat of some description—I asked Strugnell where he got it from—he said he bought it of a dog's meat man on Brixton-hill—I asked him who the man was—he said he did not know who he was, but if he saw him again he might know him—he said it was stag's fat—I also found a chopper in the cupboard, which appeared to have been recently used—it had fat sticking on it.

FRANCIS PEACHEY . re-examined . I have seen the fat found at Strugnell's—it belongs to a sheep—there is a difference between that and stag's fat—an ignorant person might not know the difference—it is a different colour.

JOSHUA BLOSS . I keep the Regent's public-house. On the 18th of March, between four and five o'clock, I saw the two prisoners together—I was present when the skin of the sheep was found in the field, at the back of Regent's-row—the gardens belonging to the row extend to all the houses

—I cannot say whether the people there are in the habit of walking about the fields.

JOHN WEBB . re-examined . The field the skin was found is no thorogh fare—it is two fields from my master's—the people have no right to walk there, but they might do so sometimes.

NOT GUILTY .

MIDDLESEX CASE .

Monday, April 9 th , 1838.

Sixth Jury, before Mr. Baron Parke .

1137. THOMAS WILLIAMS was indicted for feloniously uttering, offering, and disposing of, and putting off, a forged will and testament, with two forged codicils thereunto, purporting to be the will and codicils of Jones Panton , with intent to defraud William Barton Panton , know ing the same to have been forged; against the Statute, &c—2nd Count, stating it to be with intent to defraud William Barton Panton, and Martha Hamilton .—3rd COUNT , with intent to defraud William Barton Panton and another.—4th COUNT , with intent to defraud the next of kin of the said Jones Panton.

SIR WILLIAM FOLLETT , with MESSRS. PHILLIPS, CLARKSON , and BODKIN , conducted the Prosecution .

CHARLES PARKINSON . I am clerk to Mr. Budd, a solicitor. I produce a deed, and also a settlement.

EDWIN OLDFIELD . I am an attorney, living in Denbighshire. I am attesting witness to this deed and settlement.

Cross-examined by MR. ATTORNEY GENERAL . Q. Did you see these deeds executed by all the parties? Yes; I saw them all sign—( looking at a letter )—the body of this is my brother's writing, and the signature my fur ther's—the address is in my father's writing—I know Hugh Thomas, the brother of Mrs. Lewis, and I know Mrs. Lewis.

( This deed and settlement were dated the 8 th and 10 th of December , 1823, settling upon Janes Panton the younger, the son of Jones Panton, and his heirs, certain estates in Merionethshire, Anglesea, and Denbighshire, the deed settled 7000 l . on each of his younger children .)

JOHN JONES . I am a solicitor, and town clerk of Beaumaris. I pre pared this will ( looking at one ) from instruction from the testator himself—Mr. William Boggie is one of the attesting witnesses, and I am one—I also prove the codicil of the 17th of November, 1829—the codicil is attested by Jane Thomas, (one of Mr. Panton's servants,) Henry Brereton, and John Jones.

Cross-examined by MR. ATTORNEY GENERAL . Q. Who are the other attesting witnesses to the will? A. Henry Brereton, he was bailiff to Mr. Jones Panton—I knew Mr. Jones Panton for more than forty years—he was a prudent, sensible gentleman—I am not aware of his being sometimes changeable in his opinions—I cannot give evidences of his having differ ences and reconciliation's with his family, further than mere report.

Q. Do not you know of a will prior to this, that bears date 1828? do not you know of a will that he made in 1824? A. I cannot give you the date, but I prepared this subsequent will, either from a copy, or a former will.

Q. Do not you know that Mr. Williams, an attorney at Beaumaris, had prepared a will for him in 1824? A. I believe it was from that very will I that prepared the chief part of this—it was from Mr. Panton I received it—I cannot tell whether it was a copy or not—I only knew of the one will that I had before me when I prepared this—I must have received instruc tions from Mr. Panton at the time to prepare this will, but I have looked among my papers, and can find none—with regard to the codicil of 1829, I took heads of instruction at the time, but I cannot find them—I cannot tell whether he signed the instructions he gave me, I do not think he did—I prepared a draft of the will, which I have got—it was shown to him, read over, and approved by him, before it was engrossed—it was not signed by him—I very rarely have instructions, which I receive for a will signed by the testator—I cannot bring to my recollection that I ever got instruc tions signed—I have generally waited on the party, and taken instructions from him, but I cannot recollect that I ever got them signed—I may have had them signed, but have no recollection of it—I cannot state when Jones Panton, the testator's eldest son, died—he was alive when the will was made, and I think the codicil too.

SIR W. FOLLETT . Q. There were two copies of that will made, were there not? A. Yes—I left one with the late Mr. Panton, and I kept the other—I know Mr. Paul Griffith Panton—I heard that he was not latterly on good terms with his father—I think Mr. Paul Griffith Panton lived somewhere in Denbighshire or Flintshire—I think he lived at Pont Clif ford—I was not aware of the settlement—I have the duplicate of the will here now—it has never been opened—it has been in my possession since the 17th of November, 1829, the time the codicil was made.

WILLIAM BOGGIE . I am an attorney, residing at Beaumaris. I am one of the attesting witnesses to this will—it was attested by three witnesses in presence of the testator.

( This will being read, dated 5th November , 1828, reciting the settlement of 1823, and bequeathing the property hitherto undisposed of, to various parties, and appointing W. B. Panton, sole executor ;— a codicil, dated 17th Nov . 1829, was also here put in and read, reciting the will, but revoking part, which bequeathed the whole of the personal property to his son and two daughters, and bequeathing the plate, furniture, &c, in his house at Plasgwyn, to the person in possession of that estate .)

RUMSEY WILLIAMS, ESQ . I am an attorney at Carnarvon, in Wales. I am the father of Mrs. Barton Panton—she was married in 1832—I prepared this codicil, dated the 21st of April, 1831, by direction of Mr. Jones Panton—I witnessed it, also Oldfield, Grinley, and William Thomas, who were then clerks to me.—( This codicil was here read, leaving certain property to his youngest son, William Barton Panton, appointing him sole executor, and among other legacies , 10 l . to his daughter, Mrs. Hamilton, and 400 l . to Mrs. Thomas Williams .)—I also prepared this codicil of the 29th of May, 1833—I am one of the witnesses—Brereton and Owen Roberts are the others.

( This codicil being read, merely reduced the legacy of 400 l . to Mrs. Thomas Williams, to 200 l . and confirmed the former disposition of the property .)

Q. You knew that Mr. Jones Panton, the son, was dead? A. Yes, he left no son, but daughters—at the time Mr. Panton applied to me on the subject of the will, my son was not holding the office of Under Sheriff to him—he had done so previously—I had known Mr. Panton a great num ber

of years, but was not on terms of intimacy with him—he was a person of considerable property—my daughter married Mr. Barton Panton in Au gust, 1832—previous to the marriage it was stated by Mr. Panton, that my daughter and her husband should continue to live with him—that was not in writing—they went to reside with him, and did so till the time of hisdeath—they had a daughter, who is the only child they now have—they had a son, but he is dead—I was in the habit of being at Plasgwyn, and seeing my son and daughter there, half a dozen times in a year, perhaps—they were living on terms of great friendship with Mr. Panton, and there appeared very great affection on the part of the old gentleman towards the grandchild, which continued down to his death—I was not aware of any change of his affection or intention—Mr. Jones Panton died on the 26th of May, 1837—I recollect being at his house on the 12th of that month—Mr. Bettiss had been to me before, with a message from the testator, requesting me to send the will to him—I sent for answer that I would take it there myself and two or three days after I went with the will to Plasgwyn—I received this letter ( looking at one ) from Mr. Bettiss before I took the will over—I took the will and codicils over on the 12th of May—it had been in my pos session from the time of the execution of the last codicil—I did not observe any thing particular in the state of health of the testator—he told me he had a cough—he was, I think, seventy-four years old—I had other business to transact with him before the will—I had a lease to be executed from him to a tenant—a Mr. Willis, which Mr. Flower has—this is the lease—( looking at it )—after this lease was executed, I told him I had brought the will at his request—it was in a brown paper parcel—he desired me to open it, and I did so—he looked at it cursorily, and said, "I wish to have a codicil added to it—I wish to give my daughter (the prisoner's wife) 2000 l . instead of the 200 l . I had given her by the former codicil"—I cannot recollect whe ther he called his daughter Mrs. Williams or Lauretta—he also said, "I wish to give to Barton's daughter 3000 l ., and if I don't live very long with the accumulation, it will make her a pretty fortune by the time she is twenty-one, but," said he, "I will not do it to-day, it may be done an other day"—he then desired me to seal the will up again, which I did, and put it on the table before him—no one was present when I had this con versation with him, but Mr. Barton Panton and Mr. William Jones came in soon after, and after sitting a few minutes, the testator said, "Here Barton, here are my last will and, codicils, take them"—or, "keep them," I cannot tell which—they were then delivered to Mr. Barton Panton—I dined with the testator that day, and never saw him afterwards—I was not present at his funeral.

Cross-examined by MR. ATTOENEY GENERAL . Q. On this day Mr. Panton was in his usual health? A. I did not see any thing otherwise—he was a very old man—he said he had a cough—he intimated an intention of making a codicil to his will, and on that very day he delivered the will to Barton, to keep it as his last will and codicil—Mr. Barton Panton had been a suitor to my daughter, from the latter end of 1831, or the begining of 1832—it was not carlier—I was carrying on business as a solicitor at Carnarvon, which is about fifteen miles from Plasgwyn—when my son was Under Sheriff, he brought an action for Mr. Panton against Mr. Bulkly Williams, for a diamond ring, and I had brought an action against the prisoner, Mr. Thomas Williams, and his wife, for a breach of Promise of marriage by her, at the suit of Hugh Griffith Jones, but it was settled—

to the best of my recollection, the diamond-ring was the only professional business I did for him before making the codicil to the will—he came to my house at Penross, which is within a mile of Carnarvon, on that business—I did not know of any will made by Mr. Williams of Beaumaris—all I saw was the settlement on the son's marriage, and the will of 1828, and the codicil—he did not mention a word to me of any prior will that he had made—I took instructions from his mouth, as to the alteration he wished to make in dis posing of his property—it did not appear to me to be rather a new will than a codicil to an existing will—I do not recollect what part of the will was to remain in force—his instructions were, that neither Mrs. Hamilton nor Mrs. Williams should take any part of the unsettled property, or per sonal property, except 10 l . to the one, and 400 l . to the other, and every thing else was to go to his son, Barton—he did not tell me whether to prepare a codicil or another will—he left that to me, and I thought it would be more convenient to have a codicil, otherwise I should not have done so—no person was present when he gave me instructions—I do not know where the prisoner and his wife were living at that time—I know Brynbras Castle, it is four miles from Carnarvon—I have known the prisoner a great number of years—he resided at Brynhras Castle in good style, I believe—I was not on visiting terms with him, and never had been so—I should not know Mrs. Williams if I were to see her now—I believe Mr. Williams had ceased to practise as a solicitor for a good many years—he had no clerks or establishment as a solicitor, to my knowledge—when Mr. Barton Panton made his proposals to my daughter, I was aware of the will which his father bad made in his favour—I believe Mrs. Hamilton was at that time living at Chester—after I had made the two codicils for Mr. Panton, I believe I distrained for rent on some tenants of his—that was all I did for him, to the best of my recollection.

Q. With respect to the second codicil whereby the legacy to Mrs. Williams, was reduced from 400 l . to 200 l ., did he come to Carnarvon to give you in structions for that? A. No, I happened to be at Plasgwyn, and he said, "I want to make an alteration in my will, and when you come again, I shall be glad if you will bring it with you"—I did not take any instructions for that, nor make any draft—Owen Roberts is the gardener at Plasgwyn—I do not know that he is here—he may be in London, for any thing I know—Brereton is very ill and cannot attend.

Q. Have you had any thing to do with this prosecution? A. I recom mended my son-in-law to consult Messrs. Harmer and Co., and to employ them upon it, that is all I know—I first knew of this prosecution being about to take place, I suppose, in the month of March—I cannot tell what time in March—I am not positive at what time—I attended here to give evidence, I think, in February—I advised my son-in-law to employ Messrs. Harmer and Co., as soon as it was discovered that there were pencil-marks on some of the papers—I think that was the latter end of January, or the beginning of February—the prisoner was, then living at Brynbras Castle—I know there was a suit pending in the Ecclesiastical Court respecting the validity of the will—I was only informed of the pencil-marks after the Commission had been closed—my clerk sent to me to say so—it was after the Commission was closed that I gave the recommendation about Mr. Harmer—I did not give the recommendation that Mr. Williams should be arrested, or that his Papers should be seized, without any warrant—I was in London at the

time—I knew nothing of it—I did not give directions that Ann Williams and Ellen Evans should be indicted—my clerk has summoned the wit nesses—his name is Tyrer—Messrs. Harmer and Flower wrote to say what witnesses should be summoned—I believe I only wrote them two letters—Mr. Tyrer was in town, and he consulted with them respecting the witnesses to be brought up—I certainly approved of his taking a part, in summoning the witnesses—the property that is in dispute between my son-in-law and Mr. Williams is, I believe, considerable—I really cannot tell what the personal property amounts to—I have understood it to be 50, 000 l . or 60, 000 l ., of which Mrs. Hamilton and Mrs. Williams were to have had a share, but according to the codicil they do not—I cannot tell what the unsettled landed property was—I never inquired—I could not tell when I was examined before—it may be very likely from 5, 000 l . to 10, 000 l ., but I cannot tell—I do not know that the testator bought some estates for my son-in-law, that were conveyed to him during his life-time—I was not concerned in it—I did not learn that from Mr. Panton—I know that Mr. Barton Panton has property, that is all—I do not know Ann Williams—I saw Ellen Evans at the Ecclesiastical Commission once, that was the only time—I did not know John Williams—I never was at Brynbras—the Mr. and Mrs. Williams against whom I brought the action, were the prisoner and his wife.

SIR WILLIAM FOLLETT . Q. How long back is that? A. I think it must have been in 1829—the prisoner was married shortly before that, I think—I cannot tell whether he carried on business till the time of his marriage—he had carried on business at Bangor—I knew him in business—I cannot tell whether he has practised since his marriage—the house he lives in was built by him after his marriage—my son was Mr. Panton's under-sheriff in 1829, and the marriage was in August, 1832—in the course of the inquiry, I understood that certain pencil-marks were on the documents; and witnesses were examined before the examiners in the Court during the inquiry in January last; and, as far as I know, Messrs. Harmer and Flower have had the management of this case since that time.

GEORGE BETTISS . I reside at Carnarvon, and am a slate merchant. I knew the late Mr. Panton, the testator—I remember the marriage of his son, the prosecutor, with Miss Williams, the daughter of Mr. Rumiey Wil liams—I had been requested to negociate that marriage—I know the tes tator was gratified at that marriage having taken place—I know he said before the marriage that he highly approved of the match; and if the par ties would live with him till the time of his death, that Mr. Barton Panton should have the bulk of his property—I was on intimate terms with the late Mr. Panton from that occasion—there was a sleeping-room in his house called after me; and in the hunting season, I was frequently a guest at his house—he appeared very much attached to his son Mr. Barton Pan ton—I remember the birth of their little girl—the old gentleman was par ticularly fond of the child, and very anxious about her safety and welfare on all occasions—I remember in May, 1837, making an engagement to go to Chester Races—Mr. Barton Panton was to have been my companion—the races commenced on Monday the 1st, and lasted the whole week—I in tended to go on Thursday the 4th, but we did not go; for on the evening on the 3rd, on my arrival at Plasgwyn, the old gentleman expressed his particular wish that we would postpone our visit—he said he had par ticular business to transact with Mr. Barton Panton the following morn ing

—he said be was not in as good health as usual, and did not appear so—he had a severe cold—I believe he died in the seventy-sixth year of his age—I slept there that night—on the morning of the 4th of May, Mr. and Mrs. Barton Panton breakfasted with the old gentleman, and the little girl was present—on Mrs. Panton and the child leaving the room after breakfast, the testator gave Mr. Barton Panton the key of his library, and desired he would go up stairs in the library, and in the left hand cupboard he would find a roll of papers scrawled or figured on the outside, and he was to bring them down to his father—he did so; and after his bringing them down, the old gentleman took them out of his hand, and then handed them back to him—he said, "Here, Barton, these are Bank receipts for stock (or funds) to the amount of from 28, 000 l . to 29, 000 l .; I give you these, and on about 20, 000 l . of them no dividend has been re ceived for ten years, since 1827"—he then said, "Now, Barton, I think you have staid at home to some purpose"—he then told him he gave him all the money he had in the house—all the money he had in the hands of his bankers, Messrs. Douglas, Smalley, and Co., at Holywell and Mold, and in the banking-house of Williams, Granville and Co., at Chester and Carnarvon—he then said he gave him all the arrears of rents due on his respective estates, and all the rents that would accrue due to the time of his death—his daughter was not mentioned in the course of the conversation at all—he then said, "I give you all my share and interest in mining concerns, all my canal shares, all my securities for money, all my plate;" and he handed him the key of his plate-chest—he said, "I give you all my books," hand ing him the key of the library at the same time—"I give you all the wine in the cellar," handing him the key of the wine-cellar; "and all my farming stock, and personalty of every kind"—he said, "Take great care of all, particularly of Ann and little Missy, as I can't be long with you"—he then said he had desired I would not go in the morning before breakfast, as he wanted me to be present to witness that transaction; and he expressed a wish that I would call on Mr. Rumsey Williams for a parcel which I was to take with me to Plasgwyn the next time I went there; and he said the next time he saw me he would give me his reasons for wishing me to stop over that morning—I called on Mr. Rumsey Williams, but I did not get the parcel—the word the old gentleman used was, "a parcel of his," and I was not able to tell Mr. Williams what parcel he wanted—I called at Plasgwyn on the Monday following—the Sunday was very tempestuous—I was in the habit of going on Sundays, but I put it off—I told Mr. Panton what took place about the parcel, and he expressed his surprise that Mr. 'Williams had not known what he wanted, as it was his will he wanted—he said I should call again on Mr. Williams, and bring the will over the next time I came to Plasgwyn.

Q. Look at this paper—( handing a paper to the witness )—do you see your name to it? A. Yes—I wrote this to Mr. Rumsey Williams, and sent it on the day it bears date.— This being read, was upon a subject irrelevant to the case, but to it was added the following PS. "It was the will Mr. Panton wanted, I am going there this evening, have you any com mands ?—9th May, 1837."

Q. Do you remember having mentioned the will, the testator saying any things to Mr. Barton Panton? A. Yes—he told him it was the will under which he would take all his unsettled estate, and he said to me, "When you called on me previous to the marriage of Mr. Barton Panton with Miss Williams, I told you if they lived with me to the time of my death,

that Barton Panton should have the bulk of my property at my decease," and that was the reason he wished me to stay, that I might see that realised—this was on Monday, the 8th of May—on the 13th of May, I received intelligence with respect to the state of health of the tes tator—I went to his house in consequence—I found him very poorly—I went on the 13th—he died on the 26th of that same month—between the 13th and the 26th, I was occasionally backwards and forwards there, to see the old gentleman, either late or early, I believe every day, till his decease—he did not say any thing to me, to my re collection, with respect to the transaction I had witnessed—I was at the funeral of the old gentleman—the prisoner was there—he came very late, just as the remains were about being removed into the hearse—he went to the funeral with the rest—I did not see him after the service had been read and the ceremony had been performed, not after he left the churchyard—in Wales, after the funeral of the deceased, it is generally the case, that parties expecting to be interested under the will, go in to hear it read—I went with Mr. Barton Panton and Paul Panton—the prisoner did not go in at all, and in consequence of that the will was not read—I know the prisoner's hand-writing—I have seen him write.

Q. Look at these three papers, Nos. 3, 4, and 5, and tell me whose hand-Writing they are? A. Mr. Thomas Williams, the prisoner—( read .)

No. 3.—"The rain made me turn back to Rhuulas, will you appoint a day for us to meet, and Mr. Bulkley Williams can be sent to; can I see it here, as I want to leave the country?—5th June, 37. "For William Barton Panton, Esq."

No. 4.—"The illness of your sister takes me out of the country, and you have refused, on two or three applications, a meeting of those interested is the settlement of you and her father's affairs. I think it in consequece proper to give you notice, that you shall not prove any will, without its being first shown, and I will enter a caveat accordingly. "T. W. "For W. B. Panton, Esq."

No. 5.—"Brynbras, Carnarvon, June 6th, 1837. "Sir,—By my messages to you, requesting you to appoint a day to represent your father's affairs, I had no wish to occasion any angry feeling. Naturally, I would be anxious to have that day appointed before I left the country, and your last note puts it off for a few days longer, which will pre vent me attending the meeting. I do not consider this acting very fairly towards your sister, and I think that your father-in-law will tell you the same, and will also tell you that you cannot; that I cannot allow you to prove your poor father's will, to which you allude in your note of yesterday, to be proved, without its being even shown to the family. Mr. Boggie, during our absence, will represent your sister and myself, and he being an honourable man, will do every thing that is just and fair to all parties; and in respect to the caveat, I did call on Mr. Boggie yesterday, at Beaumaris, after the receipt of your note; that I did not mind the threat of it, and desired him to enter it accordingly; however, appoint an early day, and after hearing from Mr. Boggie, I will tell him what to do, and we will endeavour amicably to carry into effect your poor father's intentions; for whom I had great regard, and he also for your sister and myself.

THOMAS WILLIAMS .

To William Barton Panton, Esq., Plasgwyn."

Q. Did you answer the one No. 4? A. I did—on the 9th of June I attended to hear the will read—Mr. Barton Panton, Mr. Bulkley williams,

and Owen Owen were present—Mr. Thomas Williams did not attend, nor Mr. Boggie—I know Mr. Gethin Williams, the brother of the prisoner—this letter—( looking at one )—is Mr. Gethin Williams's writing—the will was read—Mr. Gethin Williams came to the house afterwards—the will was there, and he sat down and extracted out of the will and codicils—I saw what he wrote—he had liberty to peruse the whole will if he had chosen, but he did not—he read the dates of the will and codicils.

Q. Now take these scrips one by one in your hand—look at the body of the scrip (No. 1.) and tell me in whose writing you believe it to be? A. The prisoner's—I believe the body of this scrip (No. 2.) to be the prisoner's writing—the body of the scrips, Nos. 3, 4, 5, and 6, I believe to be the prisoner's writing also—I really cannot say in whose hand-writing No. 7 is—whether it is or is not the prisoner's writing—it is in pencil—I can form no belief as to whose band-writing it is—this scrip (No. 8.) is clearly the prisoner's writing—I do not know whose hand-writing No. 9 is—Nos. 10 and 11 are in Mr. Williams's writing.

COURT . Q. You cannot form an opinion about No. 9, can you? A. I cannot, my Lord—I speak of the writing of the body of these scrips, not the signatures.

Cross-examined by MR. JERVIS . Q. How long have you known the prisoner? A. I really cannot number the years, a good many—I have settled an account with him, and corresponded with him—I have often seen him write—I had not known the late Mr. Panton intimately till the eve of Miss Williams's marriage—she is my niece—I am brother-in-law of Mr. Rnmsey Williams—since the marriage of my niece I have been very inti mate with the testator—I have never corresponded with him—I saw a letter go from him into the Post-office—I never saw him write—he was generally a very reserved man—on the 8th of May, when he had this long conversation, he did not read it from a paper.

Q. Can you repeat it to me in the precise words he made use of, in the first person?—( The witness repeated the conversation as before, and proceeded )—this was on the 4th of May, and I left on the 4th—I saw Mr. Rumsey Williams on the following Saturday—I did not mention these gifts to him—I cannot say when I first mentioned this to Mr. Rumsey Williams—I think I did so before I knew the date of the last codicil—I cannot positively swear it—this gift was confirmed again on the 8th of May, the day after the date of the last codicil—I was appointed Committee of a lunatic estate of Mr. Wheeler, jointly with a person of the name of Jones.

Q. Now tell me whether the note, at the bottom of this letter, is not Mr. Rumsey Williams's letter? A. Yes it is— read —( This was the same paper as was produced in page 1115, and at the foot of it was written, "I will go to Plasgwyn in a day or two, and take Mr. Panton's will, and deliver it to him myself —H. R. W. 10th May, 1837.")

Q. Did you send him the draft of the petition to peruse? A. Yes, on the 9th of May, with the postscript stating that Mr. Panton wanted his will; and he wrote this answer on it, and sent it back—I am not aware that there was a second copy of the petition sent.

Q. Who was present after the funeral, when the will was not read? A. Mr. Barton Panton, Mr. Bulkley Williams, and Mr. Paul Panton—there was no one there from Mr. Hamilton—I am a slate-merchant—before that I was agent to Lord Newborough (both the present and the late lord) I did not continue in his employ till his death—I wanted what was due

to me, and could not get it—I was not discharged, but I have not been in his employ since 1831—before that I was an innkeeper—I think my sister was married in the year 1796.

Q. You were requested to interfere about the match with Miss Williams? A. Yes, Mr. Barton Panton requested it—Mr. Rumsey Williams objected to it, because he did not wish to part with his daughter—Plasgwyn about fifteen miles from Penross—I do not know when Mr. Rumsey Williams first objected—I did not know of the will of 1831 before the match was in contemplation—I do not think I knew of the will till I was commissioned to interfere—the old gentleman told me of the will and the codicil, and told me if they lived with him till the time of his death they should have the bulk of his property—he never told me what the codicil was.

SIR W. FOLLETT . Q. Do you know what Mr. Williams is mentioned in the letter of the 8th of May? A. Mr. Rumsey Williams it must be—Miss Williams, who married Mr. Barton Panton, was the only daughter living.

WILLIAM BARTON PANTON, ESQ . I am High Sheriff of the county of Anglesea, and youngest son of the late Mr. Jones Panton. My brother's name was Jones Panton—he died in 1830—I have a brother called Paul Griffiths Panton; and I had a brother Thomas, who died in the same years as my elder brother, and before him—I have three sisters, Mrs. Hamilton, Mrs. Bulkley Williams, and the wife of the prisoner—my father came into considerable property by the death of my uncle, in 1822—I remember the marriage of my elder brother with Miss Lewis—I lived with my father from my cradle—I never lived away from him till the time of his death—I was always on terms of intimacy and affection with him—I was the only one of his children who resided with him for several years before his death—I married the daughter of Mr. Rumsey Williams in 1832, and on that a sti pulation was made by my father that I and my wife should reside in his house, which was assented to—I have been on good terms with my father, and so has my wife also—I have one little girl, of whom my father was particularly fond—during his last illness I and my wife were in the habit of Attending on him, and giving him his medicine—there was no abatement whatever of his regard or affection down to the time of his death—the pri soner and his wife were seldom or ever at Plasgwyn—I recollect an action being brought against my sister and her husband for a breach of promise of marriage—I recollect my father was much displeased about that, and after that my sister did not often come to his house—I was aware that my father had executed some testamentary papers in my favour—I was aware of that at the time of my marriage—my father died on the 26th of May—I re member, on the 4th of that month, his giving me his keys and property—I had intended to go that day to Chester races with Mr. Bettiaa, but it was my father's wish that I should stay at home, as he had something of conse quence to relate to myself and Mr. Bettiss—I remained at home, and on that day he gave me all his property—he gave me the key of he library, and desired I would go up, and there I should find, in the left-hand cup board, a roll of papers—I went, and brought them down—he desired me to open them—I opened them, and they were stock receipts—he said they were stock receipts amounting to 28, 000 l . or 29, 000 l ., and on 19, 000 l . or 20, 000 l . of which no dividend had been received since the year 1827—he then gave them to me, and likewise his library, all his plate, his wine, all the money in the different banks, naming the banks, and all his unsettled estates—he then told me to take care, for the sake of "dear little Missy' and my

wife—I thanked him, and told him I would—Mr. Bettiss was there at the time—my father said, as far as I recollect, that he wished a parcel from Mr. Ramsey Williams, and he desired Mr. Bettiss would see him about it—this was on the 4th of May—I remember the Sunday after that, which would be about three weeks before my father died—he was taken mate rially worse a few days before his death—he had been in the house several days before that.

Q. Are you able to say whether your father left the house on that Sunday you speak of? A. He never left the house, he was too poorly—I and my wife were both there—my little girl was unwell at that time—I remember Mr. Rumsey Williams coming to Plasgwyn in a few days after that—I saw him in the room with my father on that occasion—my father called me to him, and gave a large paper parcel, saying it was his last will and codicils, and he told me to take them and lock them up—I locked them up in my dressing-room, and kept them there till after the death of my father—after the death of my father I sent notices appointing the day of the funeral—I appointed the 2nd of June—I sent to all the relatives, and amongst the rest to the prisoner—I was present at the funeral—the parties as sembled at the house at Plasgwyn, all but the prisoner—I sent over for him to his brother's house at Rhulass, which is a quarter of a mile off—when the remains were put into the hearse the prisoner joined the procession—after the funeral I returned to the house, and so did all the parties but the pri soner—I did not read the will that day, because the prisoner was not pre sent—the will was on the table to be read, but the prisoner not being there, and I wished him to be present, I did not read it—I saw the prisoner after that—he and his brother came in a gig on the 5th of June, I think—I do not know what day of the week it was—I saw him, he asked if I had any thing to say to him—I said no, I was busy arranging and looking over my father's papers—he did not say any thing to that—he went off—after that I received the note from him marked No. 3—I after wards received No. 4, which states that no will should be proved till it had been shown, and he would enter a caveat—I sent an answer to that—after that I received a letter from him, dated the 6th of June—I afterwards fixed the day for reading the will, the 9th of June—the prisoner did not attend—the will was then read by Mr. Robert Williams—Mr. Boggie was not there—Mr. Bulkley Williams, the prisoner's brother, Owen Owen, and my brother Paul, were there—the prisoner's brother came after the will was read—he saw the will and codicils, and took notes of the will and codicils—by that will I was appointed the sole executor, and I took steps to get it proved in the Prerogative Court—I advertised some property for sale on the 26th of July—up to that 26th of July I did not hear from the prisoner, or any one else, that he had a will—he had not made any representation of that sort to me, and Ihad heard of none—it was on the day of the sale that I first heard of any will the prisoner had—that was the first notice I had of it—I gave instruction to oppose the proof of those wills when I heard of them—I think it was about the 7th of February that I first received any information of these wills being written on obliterations of pencil—that was after the commission had been down Wales to examine wit nesses—I am the prosecutor in this case—these are the stock receipts that I received, and which were put away by me—( looking at them —they amount to between 28, 000 l . and 29, 000 l .

Cross-examined by MR. ATTORNET GENERAL . Q. The first time you

heard of any will or codicil to be produced by your brother-in-law was on the 26th of July, 1837? A. Yes, I am sure of that—I swear it positively—I am as sure of that as of any thing I have said—I had not heard till then, that the will on which I relied was to be disputed.

Q. Is this your hand-writing?—( handing him an affidavit .) A. Yes, it is—I recollect signing it—I read it—I might not have read the whole very particularly, but I swore to it, and signed it—it is the writing of Mr. Rumsey Williams—I am not aware that he got it made out and prepared—it was prepared in his office.

Q. Will you now swear that on the 18th of July you did not know that there was a will and other testamentary documents of the deceased in possession of Thomas Williams the prisoner? A. I do not recollect—that is the only answer I can give, to the best of my knowledge and re membrance—till the day of the sale I had no idea whatever that my will was to be disputed—I have no idea of the value of the property in dispute between me and my brother-in-law—it may be from 50, 000 l . to 60, 000 l .—the real estate may be about the half of that—I do not believe that the personalty is worth more than 25, 000 l ., it may be more, I cannot say pre cisely.

Q. Do you recollect this paper ( showing him one ) coming down to the country? A. Yes, it is a commission to take this affidavit—I saw it and read it before I swore the affidavit—I knew of no will of my father before his death, but this one which was made for him by Mr. Jones—I never heard of any other—I never heard of any will made by Mr. Thomas Williams, of Beaumaris—my father never mentioned that he had one prepared by Mr. Williams—he never mentioned that there had been two made by Mr. Williams—I never heard of it.

Q. Did you know of Mr. Williams having made the codicil in 1831? A. I know my father went to Mr. Williams that year, but I do not know what it was about—it might be about the year 1830 or 1831, that I first began to show attention and pay my addresses to Mr. Rumsey Williams's daughter—it was before 1830—I had known the family some time—it was known to Mr. Williams before 1830, that I was paying attention to his daughter—I used to go to Penross to visit her—not very often—Mr. Williams sometimes saw me, and was aware of the object of my visit—that was before my father went to Mr. Williams in 1831—I had nothing to do with bringing Mr. Rumsey Williams and my father together—my father did not tell me of Mr. Williams having made a codicil to his will, nor did any one else—I do not know that my father went there to have his will made or altered—be told me the contents of the will under which I now claim, just before his death—he had told me that I should have the whole of his property.

Q. Did he not tell you so in 1826? A. He told me so often, and often he told me he had made a will in my favour—he did not tell me so in the life of my brother Jones, but he did after his death—he said my sister, Mrs. Hamilton, was very well off, that she had married a gentleman of good property—he was not on very good terms with Mrs. Hamilton—there was no quarrel—my father used to pay a visit to Brynbras Castle once in the year perhaps—he staid over the night and returned—that was only once a year—he was not fond of being away—Mr. and Mrs. Williams used to come to Plasgwyn—they once stopped a night there—the prisoner was in the profession of the law

—he gave it up soon after he married my sister—he had no longer toy establishment as a lawyer—he had not managed any affairs of my father latterly—he used to go up to London, and my father spoke to him about some town property that he had—I do not dink he had the sole management of that property—he might have something to do with it—my father did not correspond with him about it—the prisoner used not to come to Plasgwyn without my sister—my father conversed with him about this town property—I was on good terms with my sister—she was living at Brynbras Castle with her husband in February last, I believe—I knew then that there was a suit going on in the Ecclesiastical Court respecting the wills—I wanted to establish my father's will—there was a commission came down to Carnarvon—I did not attend it—I gave instruc tions for proceeding against my brother-in-law, soon after I heard of the pretended will—I do not think I knew any thing of it till the 26th of July—I heard nothing about it—about the 12th of February I heard there was another will, and gave directions for my brother-in-law being apprehended at Brynbras Castle—I gave directions for Ann Williams and Ellen Evans being apprehended—I did not give directions that they should be carried to London immediately, I left that to the Magistrate—this was not at Carnarvon—I merely went to the Magistrate in London for a warrant—Mr. Rumsey Williams came to London with me—I cane to get the warrant—I came to consult my solicitor—I came to town on the 12th of February—the examination of witnesses under the commission was closed before then—no one came with me, but Mr. Ramsey Williams—I came to get the warrant executed against Mr. Williams, and Ann Williams, and Ellen Evans—I gave no orders for the prisoner's paper to be seized—they may have been seized—I know that Ann Williams and Ellen Evans have been indicted in another indict ment, with Mr. Williams, for forging this will—I suppose they were to be tried on that indictment—my father purchased one or two estates for me, which were conveyed to me in his lifetime, perhaps to the amount of a couple of thousands, or more—he did not give me large sums of money besides—when I wanted, he gave me what might be called pocket-money—I am of no profession—my brother Paul was living in Shropshire—my brother Thomas died on his passage home from India—I know my father's hand-writing—I do not believe this ( looking at a paper ) to be my father's hand-writing—it is like it, but the manner of hand-writing is not like his—the forming of the letters is not like his—the "W," the "H," and the "R," are all unlike his, and the figure, and the "P" of Plasgwyn—this is certainly not my Father's hand-writing—I should say I am convinced of it—I have seen the address sufficiently—this is not my father's hand—it is like it—it is a good imitation—I think it is not my father's hand-writing—to the best of my knowledge, I believe it not to be my father's hand-writing, as far as I have seen it—this other paper ( looking at one ) is not my father's hand-writing—this certainly is a better imitation of his writing than the other, but it is not my father's hand-writing—I am positive of it, and will swear it.

Q. Look at this, scrip No. 7? A. This is not my father's hand-writ ing, nor any part of it—if this pretends to be my father's hand-writing, it is a forgery—I can take my solemn oath it is not my father's hand-writing.

Q. Do you recollect from what newsman in London your father used to have his newspaper? A. I forget his name—it is Newcomb, I think—he used to get the St. James's paper, no other—I have seen the last two papers

which you have shown me, which are marked "9" and "7"—I have seen them before—I have always been of opinion they were forgeries—I saw them be fore the Magistrate—I never had the slightest doubt about their being for geries—on the 4th of May, 1837, my father was poorly—he complained of a cold at the time he made the parole will in my favour—I knew of no will whatever, except what my father told me—he did not tell me on the 4th of May, when he gave me the roll, and so on, that he had made a written will in my favour—I knew he had made his will—he did not tell me he had made a will in my favour—he gave me the key of the library, to go up stairs and get this roll, and he gave me the key of the library, with the roll of paper—I offered the key to him, and he said, "No, keep it along with the roll of paper"—I offered him the key directly after I brought the roll of paper down—he then desired me to keep the key, he gave it me along with the roll of paper, and then he said he gave me his books—I was going to thank him, but he stopped me—Mr. Bettiss was there—I believe my wife was in the next room.

Q. You employed Mr. Bettiss to remove any difficulty in the way of the match? A. Yes, as a friend—he is my wife's uncle—he has nothing to do with this prosecution whatever—about the 5th of June Mr. Williams called—he sent for me—I came to him—he did not mention that he wished to see the will under which I claimed—I was up in the library, busy—he sent in to me—I came down, and saw him—he said, "Have you any thing to say to me?"—I told him I was busy, and he drove away instantly—nothing more was said—I saw no more of him for a length of time—I had no communication at all with Ellen Evans or Ann Williams before they were taken up—I knew them by sight, during the time they were in service at Mr. Williams's, but never spoke to them in my life—I have not applied to the Ecclesiastical Court to delay publication of the evidence till after this trial was over—there might have been an application to delay publication—I did not wish to delay publication till after the trial—I was not in court at any time when any application to that purport was made.

Q. When did you first say that these papers that are marked "7" and "9" were forgeries? A. I said the whole of them were forgeries—I did not allude to one or two—I never had any doubt in my own mind that these two were forgeries.

Q. Did you not at first, when Mr. Williams's wills were set up, say that your father was drunk when he signed these papers? A. I did not; I never said that of my father, that he was affected by liquor—I did not say that Ann Williams could not write—I said I thought she could not write—I believed she could not write—I might assign as a reason why the wills attested by her were forgeries, that she could not write—I did so, now recollect, and also said that John Williams could not write—I heard so.

SIR W. FOLLETT . Q. Did you believe at the time that John Williams and Ann Williams could not write? A. Yes, I do not know the meaning of passing publication in the Ecclesiastical Court—I am not aware whether any application has been made to delay publication—I laid information before the Magistrate, and after that I had nothing to do with the mode in which the warrant was executed, I left it entirely to my solicitor—I laid the information before the Magistrate at Guildhall, and since that it has been entirely with my attorney—my brother Paul Griffith Panton lives in Shropshire—my father and he were not on good terms—he had not been there for ten years, my father had not seen him—I was not brought up any profession at all—I am turned of thirty.

COURT . Q. Your father was not out of the house on the 7th of May, 1837? A. He was not—I was in the house all day—I did not go to church—no one came to Plasgwyn that day—my father was sitting in his inn-chair below, or in his bed-room below—it was wet in the morning, and cleared up in the afternoon—I saw nobody whatever at Plasgwyn—my father was sitting in the blue parlour—I cannot say what servants were there—he kept a butler and a footman, two men-servants, and three or four maids—I cannot say How many—a gentleman of the name of Hugh Price came there on the Saturday night, staid over Sunday, and returned on Monday at eleven o'clock.

JOHN BEAMS . I am clerk to the Registrar in Doctors' Commons. I re ceived these documents ( producing eleven scrips ) on the 22nd of July, 1837, from William Henry Gostling, one of the registrars—I placed them among the papers in the Court, filed them in the proper place, and delivered them to Mr. Jennings, an officer of the Court.

Cross-examined by MR. ATTORNEY-GENERAL . Q. What are you? A. Assistant to the clerk of the papers—I never saw the documents till they were in possession of Mr. Gostling—my duty was to index them, and place them in an exhibit-book, which I did—I examined them at that time—I did not observe any pencil-marks, or traces of a pencil, on them—I did not observe any pencil-marks, or traces of a pencil on them, till they were re turned back from Wales—I did not then observe any marks on them im mediately, but I did afterwards, when my attention was called to them—they were sealed up, and returned to the Court, on the 13th of February—Mr. Toller had them before Mr. Jennings—he had them on the 4th of Sep tember, 1837, till within a few days of Mr. Jennings's leaving town to attend the commission—Mr. Jennings received them from me on the 3rd of Janu ary, and perhaps Mr. Toller had returned them to me about a week before then—Mr. Toller is one of the examiners of the Court—he had them for the purpose of examining witnesses in town—when witnesses are to be ex amined under a commission from our Court in the country, one of the ex aminers is appointed by the Court to act between the two parties—it is usual to send a proctor on one side, and a proctor on the other, but they may ap point substitutes to act for them—Messrs. Farrar and French were the proc tors appointed on behalf of Mr. Barton Panton, and their substitute was Mr. Tyrer—I do not know in what capacity Mr. Jennings has been acting since.

SIR W. FOLLETT . Q. You did not notice the marks till they were pointed out, did you then? A. I observed some marks of pencil on most of the papers—I made out some letters and some figures, when they were pointed out—I delivered them last to Mr. Jennings—( the scrips were here handed to the Jury for examination .)

RICHARD WILLIAM JENNINGS . I am one of the examiners of the Eccle siastical Court, and have been so upwards of ten years. Scrips are first handed to the proctors, then to the registrar, and then to the office—they are in the care of the registrar, in his court, and then of the examiner, who is likewise a clerk of the registrar—I received these papers from Mr. Beams in the registry of the Prerogative Court, I think, on the 3rd of January—I was to proceed to Carnarvon to examine witnesses—I went, and examined several witnesses with these documents, and then returned them to the Court in perfectly the same state in which I received them—when I received them I did not observe any pencil marks on them; but in the course of the examination of witnesses, at Carnarvon, I did, on the duplicate will

No. 2.—I had not time to examine it minutely at the moment, but on the following day I examined all the papers—I discovered marks on all of them with the exception of one, which was a notarial copy—I was able to make out very nearly the whole of the contents of each of the papers—I discovered some words—they are now discoverable—I could point out very many of the words and figures to the Jury, if the light went suffi ciently strong to trace them.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Are they in the same state that they were? A. Not exactly—they are not so clear as they were—I could read them more clearly in their former state than now.

HENRY ADLARD . I am an engraver, and as such I am in the habit of looking at minute lines on paper. I use a magnifier as an en graver, but to draw I do not use a glass—I examined these scrips both with the naked eye and a magnifying glass, to see if there were any traces of pencil lines on them—I think the first time I had a mirror—I was then able to trace lines and marks of pencil on the papers. I think that was on the 2nd of March, or at the beginning of March—I examined them all—I think there was one without any traces on it—I do not know the number of it—they would not allow me to take notes, and I forget—I observed one of the foolscap sheets was penciled on the right-hand side, but not the left—I think I can show the one that has not the pencil marks—I was able to trace letters and words—I have seen the papers to-day, and am able to trace and point out with a pen, or any instrument, letters, and words on many of these papers—I could point out to the Jury letters, and figures, and marks, on many of these papers—I have not any doubt that the pencil marks on the papers have been attempted to be rubbed out—it appeared to me that the pencil marks had been rubbed out—I am able to tell what appeared to me to have been in pencil previous to the writing on No. 2, which is the plainest.

Cross-examined by MR. ATTORNEY-GENERAL . Q. What engraver are you? A. An historic engraver on copper and steel—that is what I have been addicted to, and drawing, and maps—what I discovered are now to be seen on many of these papers.

SIR W. FOLLETT . Q. Did you discover lines also drawn on the papers? A. I did.

DR. JOHN DAUBENY . It is part of my duty to receive affidavits of wills—this affidavit ( looking at one ) was sworn before me by a person repre senting himself as Thomas Williams, on the 19th of July, 1837.

COURT . Q. Are the scrips attached to the affidavit? A. I did not look at them—Mr. Wadeson brought me the scrips, with the affidavit, and the person representing himself as Thomas Williams.

RICHARD WILLIAM JENNINGS re-examined. Q. You stated that you discovered certain pencil marks on these documents? A. I did, and I afterwards minutely examined all the documents—I could discover lines, words, and figures upon them—on No. 1, ( looking at it ,) which purports to be the will, I discovered, and still can see, the letter "M," part of the letter "a," and the whole of the letter "p," at the top of the paper—that appears to have formed the word "map"—I can perfectly well recollect the words I saw then, but now the light is such that I cannot discover them, but I can still make out several words—I can plainly now see the word "Bishopgate" on the left-hand side of the paper, and written under a portion of the word "map"—I can also distinctly see the word "street" written after the word

"Bishopgate"—they are written in large bold round bind, not capital let ters—I can see, on the right-hand side, the word "Cursitor," and the word "street" following it, written in the same character, with double lines—I then find a line drawn across the paper from one extremity to the other—a doable line—there are lines nearly all over the paper, dividing it into it com partments, perpendicularly and at right angles with them—in these com partments there are words which I could make out—I can see in all the compartments there is writing—some I can see—I can see the two words "M ground lot," written in letters not quite so large, but of a smaller charac ter than the former ones—I can see the letters "Cur," but I cannot by this light make out the remainder of the word—I can see the words "vacant ground," and under the word "Cursitor" I can see figures, but I cannot dis tinctly by this light make out what they are—that is under the letters "Cur"—I discovered these words during the time the examination was going on, while the commission was sitting—I am not quite certain whe ther there was any question about any property is London—I did not, on nuking this discovery, communicate it to any one immediately—I did sub sequently to the substitute for the proctor for Mr. Panton; but he, pre viously to my naming it, had himself discovered the marks on the papers—the documents were never out of my custody during the whole of the ex amination, with one exception, when I delivered them to the commissioner, one morning, sealed up in my portmanteau—I returned them in the same state I received them—there were no marks of any kind put on them by me—I am not quite clear who was sitting—it was my duty to deliver them to the registrar who was then sitting, and I did so.

CHARLIS TOLLER . I am an examiner in the Ecclesiastical Court. These original documents were in my possession for some time—I ex amined the witnesses to the will, and two other witnesses—I received these documents from the registrar's clerk, and gave my receipt for them—I do not know How long I had them, but I dare say upwards of a fort night, or it might be more—they underwent no alteration whatever while they were in my possession—I delivered them to Mr. Beams or Mr. Dodd.

Cross-examined by MR. ATTORNEY GENERAL . Q. Did you look at them it all? A. Yes, I examined the two subscribing witnesses, Ann Williams and Ellen Evans, and I proved the documents in the usual way—to the best of my recollection, I should say I certainly did not observe any pencil marks on them—there was no rubbing, or any thing at all to excite my suspicion—they were in my hands for some little time, of course, before I examined the witnesses—I looked at the papers to see the names of the witnesses, but not particularly—I saw no pencil marks about them—I think I examined the witnesses about the first weak in December—I should think the examination lasted a couple of days, or three days—the whole examination—I examined these two witnesses as to their know ledge of the transaction, at some length.

SIR W. FOLLETT . Is it part of the rules of your Court that no one can see the examinations of the witnesses? A. No, they cannot, they art not accessible to any one—I looked at the documents for the purpose of seeing the names of the witnesses—I made no inspection to sec if I could see any marks on the papers—my attention was not called to it at all.

EDWARD WEYMAN WADESON . I acted as proctor for the prisoner on the occasion of propounding these documents—I prepared the affidavit—I first received the scrips themselves on the 14th of June, from Mr. Williams, the

prisoner—I procured him to be sworn to the affidavit—I am not aware of any reason why that was not sworn till the 19th of July—it was not ne cessary to have him sworn before then—I kept the scrips in my passion—I produced them to nobody but my clerks to have them copied—they were annexed to the affidavit—they were re-delivered to me by the sur rogate after Mr. William's had been sworn, and I returned them to my iron safe—they remained there, to my knowledge, till the 20th—they were not removed by my hand—my clerk ordinarily keeps the key of my iron safe—his name is Samuel Brooks—I did not see the scrips again till the 5th of September—I gave directions to my clerk respecting them on the 20th of July, that he should bring them in before the surrogate on the 22nd, that they should be exchanged on the other side—they are then delivered into the hand of the registrar from the surrogate.

Q. Then, according to the ordinary course of business, they would be handed to the surrogate? A. Yes, but I left town, and left directions that that should be done in my absence—I think it was Mr. Slade acted in my absence—it is necessary for the proctor to be before the surrogate with the scrips to be exchanged—I did not see them again till the 5th of September—I could not tell whether they were in the same state—I marked them.

Cross-examined by MR. ATTORNEY GENERAL . Q. Were you dot re tained by Mr. Williams to prove the will and codicils on the 14th of June? A. I was—they form the scrips 1, 2, 3, and 4—1 and 2 are the will and duplicate; and 3 and 4 are the two codicils—on that day all the scrips, from No. 1 to 11, were produced by Mr. Williams, including Nos. 7 and—I saw Ellen Evans and Ann Williams the same day, and examined them re specting the will and codicils—I reduced to writing what they told me—application was made to prove the will of Mr. Barton Panton on the 14th of June—that was the same day—the caveat was warned on that day—it is my duty to see the condition in which the scrips are—I examined then scrips—I did not observe any pencil marks on them, except the scrip No. 7, which is all in pencil—I did not observe any thing on these papers—some marks were pointed out to me on scrip No. 2, on the 19th of Febru ary, I think—I had not observed any of those marks before—the marks were such as attracted my eye, when pointed out to me—they were such as I think I should have seen without their being pointed out—there was on in particular which I think I must have noticed if it had been on the paper when it was in my possession—it was a line drawn straight down the paper Q. According to the best of your recollection and belief, was that drawn straight down the paper when it was in your possession? A. I do not be lieve it was—I discovered no rubbing or discolouring on that scrip, No. 2—there was some rubbing on one of them—I forget the number, but I can describe the paper—it is a paper which purports to be a copy of the pencil instructions—there is some rubbing on that, and I do not think it could have passed though my hands in that state.

Q. Was there that rubbing there before it came back from Wales? A. I do not believe it was on the paper while it was in my possession—it is the duty of the proctor or his clerk who receives the scrips to copy them on plain paper for the purpose of making another copy, to keep one, and to deliver one to the adverse proctor—if there is any mark on the scrips to be so copied, it is usual to have a notarial copy, denoting the marks—it is the duty of the proctor to have such a notarial copy made—my clerk, samuel

Brooks, copied these scrips—I do not know when, except that it must have been between the 14th of June and the 19th of July—the commission for ex amining witnesses in Wales was issued on the 3rd of January I believer—Mr. French sued out the commission on the behalf of Mr. Barton Panton—I went down as proctor for Mr. Williams—Mr. Tyrer attended on behalf of Mr. Barton Panton—the proctor generally attends, but when he does not, he appoints a person, generally an attorney, or an attorney's clerk—Mr. Tyrer is Mr. Rumsey Williams's clerk—there was a mistake in the first commi sion, and another commission was issued—I remained in Wales till the 16th of January—the commission was not executed at that time—I returned, because the day for the return of the commission was the 17th—it expired on that day, and was renewed—I did not go down again—Mr. Williams acted for himself in my absence—Mr. Tyrer continued as long as I was there, to act for Mr. Barton Panton—I left Mr. Jennings there—according to the common course of proceeding, publication of the evidence taken under that commission, would have passed on the 17th of January, and under the extended commission publication would have passed on the 13th of February—publication has not yet passed, because in the first instance I asserted an allegation, and now it has been prevented because Mr. Panton's proctor has placed a petition against it—if this suit had gone on, in all pro bability judgment would have been given on this will in the course of next term—Mr. French is now acting as proctor for Mr. Barton Panton.

SIR WILLIAM FOLLETT . Q. It was first delayed in consequence of your opposing an allegation? A. Yes, that was on the 13th of February—I mean a plea responsive to what the witnesses had deposed—it was a plea of new facts—the witnesses were not examined on that allegation, it was not brought in—I was advised by counsel not to bring it in—I had prepared it, and laid it before counsel—I laid that allegation on the 13th of February, and I abandoned it I think on the 20th of March—I then stated in Court that I abandoned bringing in the allegation which I had intended to bring in—the Judge then decreed publication, but the adverse proctor prayed to be heard against its passing by act and petition—he has since delivered the act containing his reasons to me by order of the Court, and it remains for me to answer those reasons—the ground of them was shortly this: that pencil marks have been discovered on the scrips which had only come to Mr. Barton Panton's knowledge so recently that he had not an opportunity of pleading sooner—Mr. Williams employed me—I first saw him, I believe, on the 14th of June—I had received instructions to enter a caveat before that, from Mr. Bordilly, and I entered it—I received intima tion that there was a will of Mr. Williams on the 14th of June—I had not communicated with him by letter before that—I had written to Mr. Bordilly, and his answer was that Mr. Williams would wait upon me, which he did on the 14th of June—I received these scrips on the 14th of June—they were not brought in till the 19th of July, because it was not thought advis able to bring these scrips into Court till the adverse proctor had brought his—I gave notice to the adverse proctor I should say certainly before the 20th of June—my notice was not in writing—it was understood between me and the adverse proctor that our scrips were to be brought in together—the 14th of June was the date of his warning of the caveat—the summons was to appear on the 17th, and support the caveat, and on the 17th I appeared, and set out the dates of the will and codicils—I received instructions to enter the caveat—I heard of no scrips till the 14th—I did then, and I in formed

the adverse party of it—it would have been my duty, if I had dis covered marks on the scrips, to have made a notarial copy, but I did not discover them—I have seen the marks since—I rather think Mr. Jennings pointed them out to me—he certainly was present when my attention was called to them—he pointed out that there were pencil marks—some I saw and some I did not—he said, "There is a letter—and there is a letter—and there is a line"—I saw lines, I did not see any letters, nor other marks but the double lines that day—I have since seen some other marks on the same paper—they were flourishes—they might be parts of letters, or parts of figures but I could not discover any marks so as to make out any letter or figure—I looked with a magnifier—Mr. Adlard described, in his examination at Guildhall, that he could make out certain words on some of the papers—I did not look at the places he pointed out at that time—I had not an oppor tunity—I can now see a double line down the paper—here it is, on the left-hand side—it appears to be one line—I could, if there were light enough, point out to the Jury where I discovered what I considered to be parts of letters or figures—it is on the same paper, a little to the left of that—it appears to be pencil marks—I could not say that they had been obliterated—I saw the black line of what appeared to me to be a common pencil mark—I have no doubt I could point it out—I tried see lines the other way, and could not see them—no one traced the lines, or the figures or letters, I did it for my own satisfaction—I traced them with a glass—this is the only paper on which appeared to be pencil marks—I could not make any marks out on any of the others—the nibbing which I saw, had the appearance of dirt in the middle of the paper—if I had seen that when I first had it in my possession, it would have been my duty to have ascertained what it was, and whether it would have been proper to have a notarial copy of it—my opinion of it now is, that it has been rubbed in some way for the purpose of obliterating something—it would have been my duty to have called the attention of the registrar to it if I had observed it, but I did not—the mark of this line down is so plain that I think I must have seen it—I do not say that a casual observer would, but the papers having been be fore me several times I think I must have observed it—I do not mean to take my oath that the line was not there, or that the rubbing was not to—the papers have been very much torn since.

MRs. ANN PANTON . I am the wife of William Barton Panton, the prosecu tor. I lived with old Mr. Panton at the time of his death—I remember on the 13th of May a note being brought to the old gentleman, by a person of the name of Hugh Thomas—I was in the room with him at the time Mr. Panton opened the letter—after the old gentleman had read it, he said he thought they might have waited a little longer, as the money had only become due the day before—it came out in conversation that the person who sent the note was Mrs. Thomas Williams—the old gentleman seemed a little annoyed—he desired me to go to Barton (my husband) for the key of his library, and when I got it I was to get the money for Mrs. Thomas Williams—I got the money—it was 75 l —on getting it I asked the old gentleman should I write a letter—he said no, there is no occasion—he desired me to fold it up, and direct it to Mrs. Thomas Williams—I folded it up in a blank envelope, and gave it to Hugh Thomas.

Q. Did this paper come in the letter? A. Yes, it did—on the 7th of May I was living at Plasgwyn—I was at home that day—it was very wet in the moming, and cleared up about eleven o'clock—I did not go out during

that day, as I had a very bad cold on my chest—the old gentleman did not go oat that day at all—Mr. Thomas Williams did not call that day it all—the old gentleman lived on terms of the greatest affection with me and my husband—I had a daughter—the old gentleman was particularly fond of her—I attended to the old gentleman, daring his illness, up to the time of his death—I acted as his nurse.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Do you recollect in what state of health your little girl was in the beginning of May? A. She was very ill on the 7th of May—Mr. Panton wan pretty well on that day—he was complaining a little—he had got a little cold—that was all—he continued in the same state for a week after—on the 13th of May he was complaining rather, he had his cold still on him, but he felt more of it on the 13th—I recollect Chester races—they were the first week in May—the old gentleman was pretty well then—he had not taken his cold then—he was rather a hearty old gentleman—Jane Thomas was one of his servants at that time—I do not know whether she is in London—there was also Harriet Thomas, the cook, Grace Jones, the gardener, Owen Ro berts, and Mary Williams—they were all in-door servants—my little girl being ill on the 7th of May, I was a good deal occupied with her—I was in the nursery, which is on the second story—Mr. Panton used generally to sit in the blue-parlour on the ground floor, and there he generally received visitors—those who called on him on business used to see him is the blue parlour—I am very well acquainted with his hand-writing—I should know it again.

Q. Just look at this letter, should you say you believed that to be his hand-writing or not? A. It is very similar to it, I thinly it is his hand-writing—I have no doubt about it—( looking at scrip No . 9)—I do not think this is so much like his writing as the other—I do not think this is his writing—I should think it is not—it is not like his hand-writing—in some places it is like his, in other places it is not—the "Th" in Thomas is not like his writing—I never saw this scrip before—no one ever said any thing to me about such a scrip of paper—the word "better" is not like his hand-writing—it looks to me to be an imitation of his hand writing—it is not a very good imitation.

Q. What do you say to this writing in pencil, ( scrip No . 7,) do you believe this is Mr. Panton's hand-writing? A. It is very like it—I should think it is his—I have no doubt about it—I was married in August, 1832—Mr. Barton Panton had been paying his addresses to me from the latter end of 183, 1, or the beginning of 1882—I did not know him a year before that—Mr., Rumsey Williams had six sons—I was his only daughter.

MR. PHILLIPS . Q. About the time of your marriage, in what state of health was your mother? A. She was an invalid—my husband did not go to the Chester races—Mr. Bettiss was at Plasgwyn at the time of the Chester races.

COURT . Q. Were you up stairs on the 7th of May, on the Sunday? A. Now and then—I was in the blue parlour the greater part of the day—I did not see anybody come to the house that day—no one was in the house except our own family and Mr. Hugh Price, who came on the Saturday evening, and staid over Sunday—my husband did not go to church—he and I sat with the old gentleman—Plaegwyn is about fourteen miles from Brynbras Castle—the old gentleman was in the habit of going out in a pony-chaise—( the receipt for 75 l . was here read .)

WILLIAM JONES . I am an attorney, and live near Carnarvon. I knew the deceased, but not very intimately—I saw him on the 12th of May—not on business—I went to Plasgwyn on my own private business to Mr. Barton Panton—I got there about one o'clock—I cannot tell exactly the time—I went in with Mr. Barton Panton, and in the parlour I found the deceased and Mr. Rumsey Williams—some time after I went, I observed on the table something wrapped up in brown paper—some time after I had got there, the old gentleman handed it to Mr. Barton Panton, and said, "Here, you take care of this; this is my last will and codicil, or codicils"—upon bearing that said, I left the room, finding they were busy together.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Were you intimate with old Mr. Panton? A. No—I had known him upwards of twenty years—he appeared to be in tolerably good health for his years on the 12th of May—he appeared to have a cold—I was not in the room twenty mi nutes—Mr. Rumsey Williams and the two Mr. Pantons were in the room—I was in the room some minutes before this was done—I found Mr. Rumsey Williams there—all on a sudden the old gentleman took that papers off the table, and delivered them to his son—Mr. Barton Panton went, I believe, to the table, and then the old gentleman gave him these—I left the room out of delicacy, I thought it was no business of mine—when there was a dispute about another will, Mr. Rumsey Williams asked me if I recollected this—I was clerk to Mr. Rumsey Williams—I served my time to him—I did not continue in his office but a very few months afterwards—I practised for myself for twenty years.

( Adjourned )

Tuesday, April 10, 1838. The Queen against Thomas Williams .—(Continued.)

HUGH WILLIAM PRICE . I am Comptroller of the Customs at Beaumaris. I knew the deceased Mr. Panton about forty years—I am aware, from his own declarations, that his feelings toward Mr. Barton Panton were the most affectionate in every respect—I have heard him express a determination with respect to him, saying that he would provide for him handsomely—I have heard him frequently speak of his little grand-daughter, and his daughter-in-law, that he would provide for them both—he said he would provide handsomely for Mr. Barton Panton—I was at Plasgwyn on the 7th of May—I went there on Saturday evening, and remained there the next day, and slept there on Saturday night—on the Sunday morning it was rather fine, but towards the afternoon, about twelve o'clock, it turned rather hazy and dull—I saw the old gentleman that Sunday—I rather think he did not go out at all—I know Mr. Williams, the prisoner—he did not visit Plasgwyn that Sunday that I know of—I went and took a walk about the garden, and about the house—I might have been out of the old gentle man's sight probably half an hour, or an hour.

Cross-examined by MR. ATTORNEY-GENERAL . Q. This was the Sunday before Whitsunday? A. Yes—I walked out with Mr. Barton Panton that day—I did not go far from the house with him—we went into the garden, three or four hundred yards—I do not recollect going into the road, nor near any bridge—I have a very distinct recollection of my proceedings that day—we intended to go to Penross that day, which is on the other side of Carnarvon—the weather altered between eleven and twelve o'clock, as near as I can recollect—it came on hazy, dirty weathers; and there was a storm—it became hazy and dirty from eleven to twelve o'clock, and we gave up

going out—I know Pont Reig-bridge, between Carnarvon and Brynbras—I was not near that bridge on that Sunday—I think it is about eleven or twelve miles from Plasgwyn, if it is the bridge I mean—I bad intended to have gone to Penross if the weather had been fine—they had written to me the preceding week.

MR. PHILLIPS . Q. Did you go to Penross? A. No—we did not go in any carriage that day—Mr. Barton Panton did not go into any carriage I—when I was out walking about the garden, I frequently went alone, and sometimes with Mr. Barton Panton—he went with me to the dog-kennel, and then he went back to the house—whenever he went out with me he went back to the house.

COURT . Q. How far is the dog-kennel from the house? A. Close to it, about a stone's throw.

GRACE HUXLEY . I was nurse to Mr. Jones Panton. I remember I Sunday, the 7th of May, the Sunday before Whitsunday last year—I did not go to church that day, because Miss Panton was ill—I was in the I house all day—Mr. Jones Panton was in the parlour—he did not leave the house that day—he never went out on a Sunday—he did not go out of the house on that Sunday—I saw him many times I that day, when I came down with the little girl—I first saw him be tween nine and ten o'clock in the morning—I then took the child down to the room he was in—she was ill and cross, and I went down with her to him every half hour—I stopped with him a spell —Mr. Panton breakfasted in the parlour—he lunched in the same parlour at one o'clock—he dined in the same parlour at five o'clock in the afternoon—he went to bed between nine and ten o'clock always—I remember seeing him go to bed that night at the usual time—I did not see any one come to visit Mr. Jones Panton during the whole of that day; but Mr. Price came on the Saturday night—I did not see the prisoner there that day—Mr. Jones Panton was exceedingly fond of the little child—Mr. Jones Panton was once out after that Sunday on the Friday, and he commenced being ill—that was the next Friday after the Sunday I have been speaking of—he went out about eleven o'clock always—he went out about eleven o'clock on the Friday—he re turned about half-past twelve o'clock—he went out in the small carriage—I saw him return—he did not leave home after that Friday—the two men-servants attended on him during his last illness, and my master and mis tress, Mr. Barton Panton and his wife—he preferred taking any thing from my master rather than any other person—he appeared to bo on exceed ingly affectionate terms with Mr. and Mrs. Panton down to the time of his death.

Cross-examined by MR. ATTOENEY-GENEEAL . Q. Did you ever see Mr. Williams at Plasgwyn after the time you have been speaking of? A. Yes, he was there once—I will swear he was there only once—Mrs. Wil liams was there without him three times after the Sunday—I will swear Mr. Williams was not there on Whit-Monday—it was on Wednesday—Jane Thomas was not an attendant on the person of old Mr. Panton—she did attend on him, as she was the head house-maid—I did not look at a clock when I went down with the child every half-hour, because it was cross, but I went down every half-hour—I guessed what half an hour was.

BETTY HUMPHREYS . I was servant to old Mr. Panton. I left him on the 12th of May, last year—I remember the Sunday before I left—I went to chapel that day about two o'clock—I was at home up to that

hour—the old gentleman was not up to two o'clock—I came home about four o'clock, or a little after—I staid at home till six o'clock, and then went to chapel again—I returned about eight o'clock—during all the time I was in the house old Mr. Panton was at home—I did not see Mr. Thomas Wil liams that day at all—no one could have gone to the frontdoor to get into the house without passing the dairy window, but they might from the Beaumaris gate—when I was in the house I was in the kitchen most fre quently—for any thing that I have ever seen, old Mr. Panton was very fond of his son and daughter-in-law, and he was very fond of "little Missy."

Cross-examined by MR. JERVIS . Q. What situation were you in? A. Dairy-maid—old Mr. Panton sat in the blue parlour—I never went there to him—I cannot tell How often he spoke to me while I was in the service—he was very seldom in the habit of conversing with me—a person could come the Beaumaris way with out pasting the dairy—Brynbras is not on the Beaumaris side of Plasgwyn.

JOHN HUMPHREYS . I am husband of the last witness. I am groom to Mr. B. Panton—I was groom to Mr. Jones Panton till he died—I remember the Sunday before he was taken ill—my wife left on the 12th—the Sunday before she left I was at home at Plasgwyn—I was in the house and in the stable all day—when Mr. Jones Panton was well he was in the habit of going out in a pony-chair—I know Mr. Thomas Williams, of Brynbras—I did not see him at the house that Sunday—the stable is close by the house—the width of the road—I was in no other place that Sunday, excepting in the house, in the stable, or passing from one to the other—if any person had come, either on horseback, or in a chaise or other carriage, I must have seen them—there were two grooms—I was always at home—the other groom would look after the hunting horses—the other groom was at home that Sunday—his name is Hugh Thomas—I did not see any thing of Mr. Thomas Williams, the prisoner, on that Sunday.

COURT . Q. Do you know of any stranger's horse or gig being in the stable or coach-house that day? A. No, none.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Are not the stables behind the house? A. Yes—I took care of the horses and the stables dur ing part of the day—a person could not have entered on foot at the front door of the house without my seeing it on that Sunday, as I was in the stable.

Q. Do you mean to say you could command a view of the front door when you were dressing the horses in the stable? A. The door was to be seen from the stable-window, though the stable was behind the house—I was not looking out of the window all the time I was in the stable—I know a place called Rhulas—Mr. Gethin Williams, Mr. Thomas Williams's bro ther, lives there—it is about a quarter of a mile from Plasgwyn.

MR. CLARKSON . Q. Did you see any thing of Mr. Gethin Williams that Sunday? A. I did not.

HUGH THOMAS . I was groom to Mr. Barton Panton in May last. I was at home the whole day on Sunday, the 7th of May—Mr. Jones Panton did not leave Plasgwyn that day, to my knowledge—the prisoner did not come that day, that I saw—the prisoner could not have come to the house without my knowing it—I was from the stable to the house, and from the house to the stable—I was never off the premises—the stable is two or three rods from the house-door—I saw Mr. Jones Panton during his last illness—I was one of his attendants—I waited on him—I did not hear him

express any wish as to any person in particular attending on him—I did not hear him say any thing about Mr. Barton Panton or Mrs. Panton—they attended him during his illness—he appeared to be op terms of very great affection with them—there was no strange horse brought to the stable on Sunday, the 7th of May.

Cross-examined by MR. JERVIS . Q. Did you attend to the hunters? A. Yes; the hunters' stable was alongside the house—I could not quite see the front door from there—I did not see Mr. Williams there on White-Monday—I do not recollect seeing him there at all before Mr. Panton died—I saw Mrs. Williams there once before Mr. Panton died.

WILLIAM PRITCHARD . I was servant to old Mr. Panton. I take care of Plasgwyn house at present—I recollect the Sunday before old Mr. Panton was taken ill—I was at Plaagwyn that day up to about half-past nine o'clock at night—I went home to dine about one o'clock, and returned in about an hour—during all the time I was at Plaagwyn, old Mr. Panton re mained in the house—I did not see Mr. Thomas Williams there during any part of that day—it was too difficult for him to come to Plaagwyn on that Sunday without my seeing him—I was sometimes in the servants' hall, sometimes in the kitchen—I was attending old Mr. Panton during all his last illness, along with the others—I offered him medicine many times—Mr. Barton Panton and my mistress generally used to give him the medi cine—I remember old Mr. Panton being taken ill about two years before his last illness—I remember one particular occasion, when I was helping the old gentleman to dress—I remember he said, "D—that Tom Wil liams and his wife, they always bother me when I am poorly"—some one had come up to say that they had come there.

Cross-examined by MR. ATTORNEY GENERAL . Q. Did you ever see Mr. and Mrs. Williams at Plaagwyn? A. Yes; I cannot say any thing to the contrary, but that the old gentleman be haved very affectionately to hit daughter, Mrs. Williams—he appeared to me as be ought to look—I was at home all day on Whit-Monday—I do not recollect seeing Mr. Thomas Williams at Plasgwyn that day—if he had been there I think I should have seen him—I think he was there on the Tuesday or Wednesday, but not on the Monday, as far as I can recollect—it was either Monday or Tuesday.

ANN PARRY . I lived with old Mr. Panton at Plaagwyn. I was there at the time of his illness—I remember Sunday, the 7th of May, before he was taken ill—I did not see Mr. Thomas Williams at Plasgwyn on that day—when he used to come, he frequently knocked at the kitchen window, and I opened the door.

Cross-examined by MR. JERVIS . Q. Did he come frequently? A. Yes, occasionally, I cannot tell How often—I did not see him on Whit-Monday, but I heard the people in the house say that he was there—I was kitchen-maid—it was not my business to go into the blue parlour much—that was the room the old gentleman generally sat in when he came down from his bed-roqm—I am now living at Bangor.

WILLIAM WILLIAMS . I was in the service of Mr. Jenea Panton, at Plasgwyn, as keeper. I was at home all day on Sunday, the 7th of May, till about six o'clock—I do not know that I saw the prisoner there at all that day—I was about the house, here and there—not sitting in the same place.

WILLIAM FREDERICK GOSLING . I am one of the deputy registrars at Doctors' Commons. It is my duty to receive scrips brought to Court

from the proctors that bring them in—it appears from the minute, that I received the scrips of this will from Mr. Slade, who acted for Mr. Wadeson, on Saturday, the 27th of July last—I handed them over to the officer of the Court, Mr. Beams or Mr. Todd—they were in my custody till I en tered the minute, and I handed them over in the same state.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Did you look at these scrips? A. When scrips are brought in we generally look at them—it is my duty to look at them, and see whether there are pencil marks on them—if there are, I require a notarial copy to be made of them—I do not receive them till I have had that notarial copy—I think there was one of these scrips which was in pencil, and of that I had a notarial copy—I certainly did not observe any pencil marks on those scrips, which were in writing—if there had been writing in pencil, I certainly should have re quired that notarial copy—if there had been a line, as has been represented, I might not have observed it.

Q. Now just look at this scrip, No. 2, do you observe some pencil marks? A. I do observe something very slight—it might have escaped my notice when it was brought in, and it certainly did escape my notice, if it was there then—I do not think they are such marks as would have re quired a notarial copy to be made—I might have asked what they were.

SIR WILLIAM FOLLETT . Q. If there had been writing you would have required a copy, but you do not look for pencil lines? A. No—the writing might be part of the will—on this occasion I observed nothing to call for a notarial copy.

SAMUEL BROOKS . I am clerk to Mr. Wadeson the proctor. I first re ceived these scrips some time in June last, from Mr. Wadeson—I gave them to anybody about the office, for the purpose of being copied—they were returned to Mr. Wadeson—during the time they remained in my possession I did nothing to them—they remained in the same state, as far as I know.

Cross-examined by MR. JERVIS . Q. Did you copy them yourself? A. I made one copy of them—I think Richard Crutchers copied them also, or made parts of them—that was not in my presence—in copying them I had occasion to look at them, and examine them—I have been in a proctor's office between thirteen and fourteen years.

Q. Look at No. 2, do you observe any marks on it? A. Yes, I do—I should say they were the blacklead of pencil marks—I cannot say that I observed them while I was copying this document—I should say I cer tainly did not—I should say by the appearance of it, it is the black of a blacklead pencil.

Q. Look at this on No. 8, do you observe black marks or dirt on that? A. A very little, on the left-hand side, and in the centre—I cannot say that that attracted my attention while I was copying it.

SIR WILLIAM FOLLETT . Q. Look at No. 2 again, you state you see marks on that, where do you see them? A. On the right-hand—I should say it is pencil writing of some description—I should be in clined to say it is the impression made by a pencil—I think the lead appears to be rubbed off in some parts—here is "1" and "2" I can decipher—I can make out only parts of letters—I cannot make out a perfect letter—there appears to be parts of letters here—I can see no traces of letters—here are pencil marks, which have more the ap pearance of the lead—I cannot make out the letters, I can merly see the lines—I can see a double line drawn across one under the letters, and one through the letters—I observe a line in the centre of the paper

—there are parts of lines on each side, not perfect lines—part of these lines appear to me to be traces of the pencil on the paper—I have in spected these papers before, since I heard that there were marks on them, but not minutely—I have not done it with a glass at any time—what I now see, I see with the naked eye—when I copied these papers it was in the evening—I did not observe any thing on them then—I cannot say whether I copied the whole by candle light—I made no inspection to see whether there were traces on them—I have examined the other papers—I have observed certain marks on the others—part of them appear to me to be traces of pencil writing—I think I discovered that on three of the other papers—I do not remember which three it was—on these three there ap peared to be the traces left by pencil writing—I observe on No. I a double line on the right-hand side—I do not observe any other double lines drawn on the paper—here are parts of letters—I cannot distinguish what—I can not distinguish any parts of figures—I cannot make out a syllable, nor even a letter, but they appear to be parts of letters.

Q. Now take No. 3 in your hand, that is a codicil, is it not? A. Yes, the first codicil of October, 1836—I do not observe any tracing on this—on the top of the paper, immediately on the right, there is a slight scratch of a pencil, or something of that sort—I certainly cannot trace the letters—I cannot undertake to say that they appear to be parts of letters—there is only the straight stroke here—I cannot say whether it is part of a line or not—in the corner, just above the ink writing, I see traces of letters—here is part of a "T," and the loop of an "h," or an "I"—here is also a straight stroke—this is certainly the first time that I ever inspected this part so minutely.

Q. Take No. 3 in your hand, which contains, I believe, instructions—the one written, "I approve of this," at the bottom of it, do you see traces all over that paper? A. I can see lines, and here is part of a letter on the left-hand side—I do not see a word that I can read—I can make out part of a capital "B"—part of the top and bottom are here—I cannot make out what the small letter is, which is next to it—there are traces of other letters—on the right-hand side there is a small portion of some letters—I should think it was the traces of pencil writing—I never examined these with a glass at all—I never observed so much of the tracing on this writing before.

HENRY ADLARD re-examined . I have been accustomed to look at minute lines on paper—I am an engraver, and have been accustomed to practise my eyes this way—I have examined these scrips twice—I was examined before the Magistrate—I examined, I think, eleven scrips—on this, No. 1, I can see pencilling with my naked eye—I can see some lead on the paper, and other ridges, where the writing has been—( examining with his glass )—it is the remains of a ground-plan, with the names of streets—on the top I can see plainly "M a p" in large-text hand—it is a capital M, the down strokes are formed openly—I can see, further, "Bishopgate-street," and pa rallel with that is "Cursitor-street," in full length—here is a double-ruled, horizontal line, and vertical lines from that, ruled downwards—in turning the paper I see "Cursitor" again, in a smaller hand, and in a line with Cur sitor, I see "C," and a "t" or "I," and under that line there is part of an "s," and then a double line—under that line I see a "1" and a "2" together, and under these a long line; and to the right-hand, nearer the bottom of the paper, I can see another "2" or a "3," and below that I see part of a "2," and a double stroke like a 1—a long word on the left-half of the paper,

commencing with a "C," an "u," or a "avend," and "I;" and at a dis tance, in a line, is the word "Court," that will make "Cavendi Court"—un der that there is a double line, and under it part of the letters " ground ," and there are marks on the same line—there is then an "O," or part of an "o", and there is a pencil-mark above the line—under the word "ground" I see "Devonshire," as I should read it—then a capital "S" and "treet"—there are large figures under that—I can see "2, 3," part of a "4," a "6, 7, 8," and part of a "9"—there is a fail and an oval—( looking at No . 2)—I can see thin more plainly than the last document—here is the word "Map" at the top, and it is divided by lines—under the word "Map" I read the word "Bishopgate" and "street"—in the same line is "Cursitor-street." and there are double lines under that—in the vertical lines I see here is "Cur sitor," and "street" underneath, and "12" and "13"—in a line with "Cursitor-street" I see a capital "C," and "stle," and a word following that that I cannot decipher—I can see part of an "E" or an "O," and "vacant ground"—under that I can see "Court," and a long line before it—before "Court" I can read a "C," a " u ," oran " avnd " in a line write the word "Court," and a double line under that, and under the double fine I see "ground"—a double line, then I read " Devons ," and then I lose a word—in the same line "ST," and part of two "O's," and a "t"—part of "2 3 4 5 6 7 8" and "9" are very plain—( examining No . 3)—I see no mapping or plan on this, but I see writing under the ink-lines in pencil rubbed out—I can see an "E," and it looks to roe like a capital "A" at the commencement, but I could not connect the since of this paper without making notes at different tires—I can see the letters decidedly, "Th" and "is"—I can see in the top line under the ink of the word "last"—above the ink lines I see two lines rubbed out—at the corner of the right hand just before the writing begins, I can see there are letters but I cannot read them—I can see there has been a line of writing and pen cil rubbed out—I see other marks down nearly to the bottom—I can see "dated," I think, near the centre, and the line is continued from it, but the ink is so over it I cannot see it—the pencil is continued to the end of the line "daughter," and " eight "—here is an oval put of a letter—here is "one" before the word "youngest," I think—here in " hun ," I think, and then beyond it is rubbed with grease or with the finger—at the end there is pencilling under the word "and," but I cannot make out what it is—at the top, over the writing, is a stroke of a capital "I" or "H," under the "A" in the next following line—I see there are marks in several places under the writing on No. 4, ( looking at it ,) but I cannot decipher them—under the words, "eighteen hundred," in the 7th line, there are some pencil marks very plain—I can see a capital "D" and part of a long or capital letter—two curvatures on the right, and one on the left, that is the commencement of the line, and there has been writing to the end of the line—after the curvatures here looks like a capital "N" and an "o" at the top, like No. for number—between the "No." and the capital "D" there is a pencil-mark—I can see a pencil mark over the "H," and there is writing to the end of the line, but I cannot read it—I can see the turnings of the bottoms of the letters plainly—under the words "upper housemaid," in the tenth line, there is writing—the bot tom of the word falls down under the "A T D," but I cannot read it—I made out letters when I looked at this before, but I cannot see them now—over the word "Plasgwyn" and between that and the word "and," I observe pencil writing rubbed out—I cannot make out any letters—under the word "con firm"

I can see pencil marks, parts of words or strokes, but I cannot make out what any of the words were—over the "and," in the word thousand, in the last line, I can see pencil marks, but I cannot distinguish any letter—( looking at No . 5)—this has been a map or plan, &c, divided as some of the former ones are—at the top of the centre of the paper I see "M A P"—in the left hand corner is "P" very plain and large—it is "J. Panton," Esq.—at the right of the word "map" in the right-hand corner I see "Esq."—the E is a capital E, and before the E, I discern the letter "K," and I see there is a word or a name before the letter K.—these is a C or an 0, part of an oval before the K, and the writing is continued on to the left about one half of the page I—I see the down stroke of a capital letter very plainly—I think it is a B, that is the furthest to the left of any letter, and that line is continued on—I think there is another capital letter—I discern a stroke, and then I lose it—but there are other pencil writings—under the words "J. Panton, Esq.," there to a capital "B," very plain—part of a "G," part of an oval, and "t e" very plain, and then "street"—on the right hand side there is "C u"—then there is a space where I lose—then "o r"—then I can see "street," and then there to a line under that—when I turn the paper, I see a wide double line, part of a large letter, and a curve—I can see one stroke of an I or U, a space between them, and then "r"—I can see "itor" and under that I can see "No. 12," and there is writing above that, at the bottom of all nearly I see figures "2, 3, 6," and I can see "5" and a stroke before that, and then "7" and "8," or "9," very plain—above the figures I make out "o u n d"—near the bottom there are marks—I see a long word, and there are two strokes between the lines, and a double ruled line—between the "o u n d" and the figures, there are letters of the pencil line—I think I can see an H and anon, and then there is a stroke with a curve, and then comes the "H," and there are down strokes after that, but I cannot read them—I can see a large curve, forming part of a capital letter at the commencement of that line—I do not trace any letter after that capitals—there is a double nine drawn under the "o u n d," and I see a ruled double line above it, and above that double line there is writing in large letters, but I do not con nect them—there are letters "C" and "o" or a, and on the right I can see "Court."

Q. Where are the letters that have the curves? A. Together, about the centre of the paper, and here is a double line above that; and above the double line, and under the figures "1, 2," there are two lines of writing—here is "Vacant," and "g r o," and "n d," and a space between the "o" and the "n"—there are double lines that go transversely, and there is a double line down the centre, but it does not extend to the bottom—it goes down between "I direct my," and the word above it—it goes down to the word "constitute"—( looking at No . 6)—I observe a double ruled line here, going over the words, coming down to the "E," in Jones, where the signature is; and I trace some pencilling, on the left, but I cannot tell what it is—( looking at No . 8)—just before the beginning of the word "In structions," I observe part of a capital letter, either an "A" or part of an "N" or an "I"—I merely see the down-stroke—I think here is "agree," and there is an "m" after it—I see an "a," and the next letter is part of a "g"—it has a tail to it—I can see part of the oval—I see an "m" or an "n," about the space of three letters from the "g"—on the same line I see an "o"—I cannot see any letters before the "o"—there are letters before and after the "o" but I cannot read them—under the word "for"

there are two down-strokes of letters, but I cannot tell what they are—lower down there is capital "I" over the "h," in the word "his" in the third line—in the next line I can see "of" and after that, there is what looks like "n d"—I do not read any more letters—by reversing the paper, I see there are pencil-marks, which run down the page—there is pencil writing in the next line to the "n d," but the ink-writing is so completely over the pencil that I cannot read it—I make out "the" under the word "My," and there is a pencil-mark over the capital "P"—under the words "whoever has," in the same line, there is "writing," written more apart—there is pencil-writing below the "the"—the writing rises below the "A n g l"—I cannot make it out—under the line, "the Anglesey property must take the name of," I read, "ale;" and under "Anglesey" there in a long stroke by the side of the "1," coming considerably below it—there is then a curve, that I should take for an "e"—I cannot make out what there is at the beginning of that word just before the "a," after the "le"—there is writing all along that line, very much rubbed—at the end I see a "g," apparently under the "e," in the word "name"—I cannot make out any of the rest of the word to which "g" belongs—in the next line there is "v" or "s"—lower down, under the words "all the rents," I should read "co," by the last "l" in "all"—there is writing under "rents"—there are pencil-marks—I read it "an," and a long line goes down to the name "Lauretta Williams"—it is considerably rubbed, and there is a scratching out over the word "Williams"—there is writing in pencil over the word "law," and it runs into the word "Thomas"—it is very much rubbed—under the words "my will," I can see "an" under the "my," and "d" by the "w," and "Thirty;" and I can see an "x" very plains and two letters before it—I see "s," I suppose for one letter—under the words "to draw," I can see marks with a pencil—they are very much rubbed—I cannot read it—I can see pencil-marks—I should say these pencil-marks have been put there before the writing, certainly—the writing appears to have been upon the pencil-marks.

Cross-examined by MR. ATTORNEY GENERAL Q. Be good enough to look at the letter "x" that you pointed out, is there writing on that? A. It just cuts the top of the pencil mark—the "x" is partly below line of the writing—the top of the "x" touches the bottom of the writing in ink—all the rest of the "x" is below the line—the "x" is plain, with the lead marks plain upon it.

SIR W. FOLLETT Q. Is the other part below the line? A. Part of the "thirty" is below—the "an" is' on the line—the mark that I take for "s" is not below it—part, of the "x" touches the bottom of the "h"—I ob serve the same sort of tracings of pencil marks on "No. 10", I do some double lines—I observe some writing—some pencil marks, but I cannot discern what—I see an "h" or a "k", and there is a long curve joining the "k" but I cannot make out the letters—next to that that there is an oval or part of a curve—above the "c" and the "t" in the word "in struction," there are two double lines ruled that run down—under the "29th of June" I see some marks—I cannot tell what—( looking at No . 11)—this has mapping on it, with streets, and divided similar to) some for mer papers—I can see a capital letter, which looks like a "B" or an "R" and there is a capital "M A" about the top of the left-hand side of the paper—I cannot state what—I can see "Esq." at the extremity of the line—it is a capital "E," and the "s and q" are small, and immediately

before that, there is a letter with a long down-stroke—I cannot trace all the word—there is a "c" or an "o" between the "t" in "testament," and the "o" in "of"—I can make out "ur"—I cannot make out what is next to the "r," but it is connected up to the last letter—I cannot make about the last letter—I can only see a long down-stroke, which rises above the line—here is a word connected, joining after a "b," to the end of the—first stroke of the next letter has a tail to it turning up, unless it is "h"—I cannot tell what it is—I can make an "H" of it, between the capital "B" and the "ur"—the "ur" joins to h—below that I see a capital "c," and next to that appears a large Word with open lines or down-strokes—I can see a "u," a capital "C," two down-strokes, and the next letter has a curve, and then there is a long line, and a double line under the "d" in "thousand" and "street," I make out next—in turning the paper the other way, I see a double line down it as low as the bottom line but two—I can make out the word "Cofsitof," and in a line follow ing on is another word—here is a part of an "S" a "t e" and "e" and "t"—under "Cursitor" there is a double line, and then "No. 12 and 13," and under the "12" I can trace two double lines, but I can see no writing.

COURT Q. Do yon see any writing across the words "intension," and "property," and "shall," and "confirm?" A. I can metely see some marks, but I cannot read the writing.

SIR W. FOLLETT Q. You said you saw the letters "eet;" is there any word over that in a line with "Cursitor?" A. I do riot see any—under "eet" I see a "2" and a "1"; and I see after that another "2," and what appears to me a 3, or a 5, after it.

WILLIAM WOOD . I am an engraver. I hate examined all these docu ments, and discover marks of pencil-writing upon them—in the left-hand corer of this (No. 11) I can make out a portion of a double line and a "p"—here is "B B H" and "Esq" at the end—I could make out what allowed the H when I examined it before, but I cannot make it out dis inctly now—I recollect then I made out "B. B-Hudock, Esq"—under that I can read the words "Castle-street."

Q. Now torn the paper the other way, and read the words across? A. I can see a "C" and a "u," but I can riot read what follows—I can see the remains of pencilling—I have examined all these other documents, and saw traces of pencil on them—I should think they had been put on before—the ink appears to be written on it.

Q. Just take No. 1 into your hand; have you looked at that before?

A. Yes, I can see now what was upon it in pencil—here is "M a p" on the top of it—it is a plan with writing—I could read the names and words when I looked at it before—they were the names of streets—these marks are upon the whole of the paper, down to Where the signature is; and on the left hand they come down below the signature, or at least to it—I can now make out the names of "Bishopgate-street," "Cursitof-street," and "Devonshire-street"—there are some figures—some of them are very in distinct, but I can see "2, 6, 7, 8," and "9," under "Devonshire-street"—I can see the remains of writing above "Devonshire-street," but I cannot read it—( looking at No. 2)—I see the same letters on the top, "Map"—I can see on this "Bishopgate" and "Cursitor-street," and there are lines drawn down it—they are above the signature—I can perceive a double line at some distance above the signature "Jones Panton," and the remains of a double line just above "E. Evan"—here is a vertical

line going down the paper, it does not come down quite so far as the double line in one case, but in the middle of the paper it comes down to that line, and seems to join it—there are other lines drawn across the paper, and at right angles—if I turn the paper up, I can read the word "Devonshire," and there are numbers under it, and above it there is "Ground," and what appears to have been "Vacant," but the letters are very indistinct—the word "Court" I can read—I can see there are letters before the word "Court," but I cannot distinguish them—above that I can see what appears to me to be "13," and "12" above that—here is more writing between "12" and "13" and "Court"—here is what ap pears to be a "v a n d"—I think I can distinguish a G, an r, part of an o, and a d; and a letter has been between them, which I cannot make out—above that there is a "u," an "r," part of an "S," an "i" and a portion of a "t," I think, very much rubbed—in following that line on, I think I can make out the word "Street."

Q. Take No. 3; look at the right-hand side of that, and tell me whe there you can trace any traces of pencil? A. I can see a small "e" in the top on the left-hand side, and a large "A," I think—that is above the writting, on the left-hand side of the right-hand page, the letters are so much rubbed that I cannot distinguish them, but I can see writing over the writing all the way down—I can see there are more letters of the word at the top, but I cannot see what they are—I do not see any thing imm diately under the letters "a" and "e," but I can see, on the right-hand side, "t h e" and a "c"—under the large "A" and little "e" I can see indications of letters, but I cannot undertake to say what they are—I see no marks on the other side—( looking at No , 4)—this appears to me to have the same pencil writing rubbed out, but I cannot say that I can make any word distinctly out—( looking at No , 5)—I see the traces of pencil writing on this—at the left-hand corner I can see "J. Pan ton" and "Esq.," and on the same line "Map"—in going on to the right-hand I see "BB" and "Hurlock," I think it is, and "Esq."—under that, at the left-hand corner, I can read the word "Bishopgate" and "S t," and, on the right-hand, "Cursitor-street"—there is a line across the paper under "Bishopgate" and "Cursitor-street," and lines running from that at right angles—they are double lines—they go down as low as the writing which is above the words "I ap prove of this"—there is a double line across "I approve of this," and the other lines run down to it—the lines on the left come down farther than those on the right—the "9" is parallel with "I approve of this"—I have looked at No. 6—I cannot distinguish any lines across this—( examining No . 8)—I cannot see any letters above the word "instructions" distinctly—there are traces of letters on the paper—in the body of the paper I can see "of" on the right hand side, and what I should think to be the word "London"—the paper is covered with pencil marks, and very much rubbed—there is writing under the words "Anglesey property," in ink, but I cannot dis tinguish the letters sufficiently to see what they are—under the words "All the rents of the Flintshire property," in ink, there is an "o," I think I can see, just by the last "1," and there appears to be a "C" under the "I," before the "o"—I cannot distinguish what follows that—there seems to be the remains of an "n" and a "t" under the words "My will for which"—I can distinctly see "irty"—the letters before the "i" are son much obliterated that I would not say that I can distinctly tell what they are—I see what one should say was a "d" under the "W" of "Will," and

there is a small "X" under the "h" in "which"—I cannot distinguish any other letters in the word to which "x" belongs—I could see them more distinctly before, and read them better.

COURT Q. Could you make out more of them before? A. Yes—I thought I saw an "s" and an "i," but they were very indistinct.

SIR WILLIAM FOLLETT . Q. Were they distinct enough for you to distinguish the letters? A. I would not speak positively—I would speak positively to the "x"—there are pencil marks above the writing on No. 10, but I cannot distinguish them.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Just take No. 8 in your hands, look at the "x" that you mentioned, that is now very plain, and an under letter, do not the marks of the lead pencil remain upon it? A. Yes—the whole "x" is entire—the top of it is just covered by the letter "h"—the lower part of the "h" touches the top of the letter "x."

SIR WILLIAM FOLLETT . Q. Is the whole of the letter "x" visible? A. The upper line of the "x" is partly covered by the "h."

R. W. JENNINGS re-examined . Q. You stated you discovered certain pencil marks on the papers, which you communicated to Mr. Tyrer, he examined them, and saw the marks; did you see them by yourself af terwards? A. I examined them by myself afterwards—I have examined them minutely since with glasses reflecting the light, but not with magnifying glasses—I was able to discover pencil marks on Nos. 1, 2, 3, 4, 5, 6, 8, 10, and 11, but not writing on all of them—on No. 6 I now see a double line of pencil drawn above the name—it is not clear from one extremity of the paper to the other, but it is evident in parts—( examining No. 2)—I have seen these marks several times—I can see on this, in pencil the word "Map" at the top—and "Bishopgate-street"—I can see the words "Cursitor-street"—and placing the paper the other way, I again see the words "Cursitor" and "street"—I see the figures "12" and "13"—and I see the words, "vacant ground" under the "12" and "13"—there are names of other streets on it—the word "Devonshire" is very plain, and part of the word "street"—there are several line upon the paper—there are lines drawn immediately over the name "Evans," and a line comes all the way through to the bottom of the paper—there are no lines down to the sig nature—there is a line goes across which stops the lines drawn down—( examining No . 3)—this has pencil marks on one side only, where the name is made, that is the right-hand side—I see none on the left, and never have—there is pencil writing on this No. 4 also, all over it—( examining No . 5)—there are pencil-marks over this, similar in many respects to Nos. 1 and 2, differing only that in the corner, at the left-hand side, is the name "J. Panton," and part of the abbreviated word "Esq.," on the right, are two capital B's, and a name follows that I cannot distinctly make out now, and the word "Esq."—I made out the word "Hurlock" here before, and I can now see the o, c, and k—here are two lines drawn over the name, across the paper, above the words "I approve of this"—under the words "dated 31," the lines are very evident, and they pass under the words "may for my." and there are lines coming down to these lines again—there is a figure 9 just below the word "signature"—the pencil line and writing comes lower down on the left-hand side than on the right considerably—there is a line above the 9, dividing that from another figure, and so it is all along, and each figure in a compartment by itself—( examining No . 8)—there is pencil writing on this all the way down to the line "my will for which"—

immediately under that is "and"—the up-stroke of the being in the w of the word "will," and "Thirty," the last stroke of the "y" being in the word "which," and part of the letter "I" preceding it—there is writing all over this paper, a great part of which I can make out—at the very top I can make out the letter "A," a capital letter, and the letter "g"—I see pencil-writing through the word "Instructions," but I cannot make out the letters, and the word "his" in the fourth line—I can see an "i" just before the letter "h"—I can likewise see pencil-mark writing through the word, but I cannot make out that distinctly—I can make out the word "Covenants" under "all the rents"—and the words at the "n t," and the word "Hannam," which is through the words "Whoever has"—I can see the word "Payable" under the words, "the Anglesey"—I can see the word "signing" under the words "the name," at the end of that line, and I can distinctly read the word "this" between the lines of "Panton and Panton"—I can see "fro," following the word "Payable," but I cannot make any more of that line out—I can make out, above the words "In law"—"Thomas"—I can see a "t," then there is something, and then "usa," and I can see the marks of pencil continuing that line, but I cannot make out distinctly what they are—under the words "of Panton," I can make out the word "this"—( examining No . 10)—I can see the letters "c" and "h," the "h" is in the third line, it comes from below the words, "that woman"—I did observe two figures on this part of the paper, and I can now see one of them, here is the figure "4"—I can see a double line drawn across the paper, which passes through the "t," in "nothing," it goes down the paper—I can likewise see writing at the upper part of the paper, just by the word "June"—These documents were returned by me to the registrar, precisely in the same state as I received them.

Cross-examined by MR. JERVIS . Q. How many years have you been in the office? A. Ten years—I attended two commissions—they were not both the prosecutor's—I got down on the morning of the 5th of January—I went to the Goat Inn, at Carnarvon, and proceeded to open the commission the same morning—there was a mistake subsequently dis covered in the commission—I did not come back, but I went away from Carnarvon altogether, in consequence of being informed there was a strong jealousy in the family—I went to Chester, and went by the rail-road to Liverpool, Manchester, and some other places—I took all my papers with me, and returned on the Wednesday, and the same day we opened new commission—when I opened the commission I kept my papers in my bed room, locked up in a cupboard, the key of which I kept in my pocket, and the key of my portfolio also—I left the Goat in order to open the commis sion, and I am not aware that I left it at any other time with the papers in the house—I might have left it for five or ten minutes—I did not go out to dinner the whole time I was there—part of the time there was no key to the door, and I had the door sealed—I never left the Goat without having the papers locked up, or a paper on the door sealed with my own seal.

Q. Was it less trouble to get the key than to get a candle, and seal the door? A. I had candles burning in the room, and when I went out I took one candle with me, and put a seal across the door, till the lock was mended—it was two days before the lock was mended, but I did not Jeave the Goal—I believe I was on the same floor—I sealed the door because it would have flown open—I do not know that I always sealed it with paper—I might once, but I sent for some tape to do it with—I only went to my dinner

in the next room but one, and when I returned I found the seals all right—I broke them, and went in—I locked the papers in my bed-room some times—that door did not require sealing, because there was a lock to the door, and to the cupboard—Mr. Tyrer looked at these papers very casually, and said, "I see marks on these papers"—that was subsequently to the 16th of January, I think it was after the closing of Wadeson's commission. Q. You had your door mended before that? A. No, I moved from one room to another, and that had a very good lock—I had made the discovery before I moved—I had got a key to the door before I made the discovery, because that room never was without a key—I required the key to be given to me.

Q. How long had you been there before it was necessary to seal your door? A. After the extension of the time, after the commission recom menced—after the term pottery expired, I came to town, and brought my papers sealed up with me—I finally brought up the scrips in the beginning of February, the 3rd or 4th—they were not lodged in the Court till the 13th, but they were sealed up in my iron safe till that time—I never produced them in Court—I made a facsimile of them in Wales, after I discovered the marks on them—I made it all on tracing-paper—the part that was in ink, and drew the pencil marks distinctly from it—that was after I made the discovery, and during the time the commission was there—Mr. Tyrer obtained the tracing paper at my request—no one helped me to make them, but they were examined after they were made—no person assisted me in making the copies—I am not certain whether or not Mr. Tyrer was present at any part of the time; in met, I think he was present at part of the time—I think it probable he was present during the time I was copying the pencil marks, because I did them by day-light—he examined the copies—I considered it my duty to make these copies—I did not put down all, as there is on one of these scrips "nee," which I did not see at first, and did not put that down—I put down every thing else, I think, as far as I can call to memory—I put them also in the same position as nearly as I could, because I put them in governed by the mode I have named—there may be a little variation in some of them, but, gene rally speaking, they are correct—I did them in that way—I came to town on the 4th or 5th of February—no one came with me—I brought the fac similes I made to London—they were delivered up afterwards by direction of counsel at Guildhall, to Mr. Bodkin—I gave them to him by his direc tion, he stating that it was my duty to do so—I made them for the Court originally, that it might be seen what discoveries I had made on the papers—when I came to town I showed them to various persons, officers of the Court—I attended at Guildhall with them—I went down to Carnar von again—the commission was over then—my own feeling took me down—I did not go with the officers—they went one or two days before me—I had made the discovery, and was very anxious about it—I do not recol lect the day I went—I did not go with the officers to Brynbras—I came up with one of the officers and Ellen Evans, in a post-chaise, having taken a place outside the mail, but it was so cold we could not go by it—Mr. Tyrer might have been in another post-chaise with Ann Williams, but I am not aware of it—I never saw him coming up, or in a chaise—I did not see him on my way up—I saw him at Carnarvon, at the Groat hotel—I saw Mr. Rumsey Williams at his own house, at Penross—I did not sleep there—I dined there—Mr. Barton Panton was not there—we most probably talked

on this matter—it was not the general topic of conversation—Mr. Williams was there, and Mr. Jones of Llanbrin came in the evening, whom I knew as having examined him as a witness on the commission —he did not come till half-an-hour before I left—I examined him on the allegation given in on behalf of Mr. Barton Panton.

Q. Did you not put many questions to Ellen Evans as you came up with her? A. Various questions—she was in custody of Dodd, the officer, at that time—I did not tell her she was in custody for forgery—I gave her a sovereign, upon her stating that she had but 1 s . 6 d . in her pocket, and that was not her own, and she did not know what she should do—that was at the inn, at Oswestry—I did not see Mr. Tyrer, nor Ann Williams, in coming up—I went down with Mr. Rumsey Williams—I gave no directions to Dodd about Ellen Evans's box—it was not at my instance that the pri soner's papers were seized—the prisoners were all apprehended before I got there.

Q. You say you made fac-similes, did any body else do so? A. No—no person whatever had a copy of these fac-similes—before I gave them to Mr. Bodkin, Ruthven, the officer, had possession of two of them for two or three days—as I was going down from London to Bangor I saw Mr. Tyrer and Ann Williams at Tyn-y-Maes—no one was with me then—Mr. Rumsey Williams travelled with me, but he went on by the mail—I stopped because Ann Williams was there—it is a small public-house, the only place there is there—I went into the house, and remained three-quarters of an hour—I did not see Ellen Evans—I saw Ann Williams, and asked her some questions, and I believe Mr. Tyrer did, and then I went on to Bangor, in a closed car—I slept at Bangor that night, and then went on to Carnanron—I paid my own expenses—I do not know that anybody asked me to go—Mr. Rumsey Williams did not ask me—I went down, both from curiosity and the love of justice—I drew a statement which the Court directed me to give in, in consequence of the state of the papers coming to their knowledge—I drew the statement by the judge's direction—I drew the pe tition at the request of Mr. French, because I was in possession to the papers—it was for permission to plead—the papers are not before the Court, and it was necessary to state them—it was merely a formal petition to the Court for permission to give in a fresh allegation—the publication cannot pass if a plea is permitted to be given in, but the publication was stopped before I gave that in—I drew it a fortnight or three weeks ago, imme diately after Mr. Wadeson withdrew his allegation.

SIR W. FOLLETT . Q. Let us understand about these papers, they were in your bed-room in a portfolio locked, and in your cupboard? A. Yes, I was also in the habit of using them in my sitting-room on the subject of the commission—when I had them in my sitting-room and went out, while there was a key I invariably locked the door, and I put paper and seals when there was not, so that I am quite able to say that no person could have had access to these papers except in my presence—I removed from one room to another—the first I was in, had a lock and key, and I had no occasion to do otherwise than to lock it—then relieved to another that was more de sirable in other respects, and that had not a key for two days—I made a copy of these papers to prepare a notarial copy if required—I am a notary—I made a copy of them—but f could not make a notarial copy, because two notaries must be present to do that—I attended the examination at Guilg hall once—this is a copy that was annexed to the deposition, ( looking at it ,) but it is not in the same state, the letters have been all marked over,

I should apprehend in taking copies—these are the same papers that were annexed to the depositions—I do not know from whom the copies were taken—it was done at Messrs. Harmer and Flower's—I went down to Wales after the warrant was issued—at the time I made copies of these traces, I had no knowledge of the property of Mr. Panton—I am not quite sure whether in the cross-examination of Mr. Bettiss there was any mention made of any property in London—I had never heard of the name of Mr. Hurloek—I do not know whether the name was not connected with the deposition of Mr. Bettiss—before this proceeding I had never heard of the family of Mr. Panton—I never heard of the name till three or four days before I went down on the commission—the name of the case was then mentioned to me—that was all I knew of it—I put some questions to Ellen Evans—Dodd the officer was present—it was in going down that I saw Mr. Tyrer—I do not recollect that I saw him in coming up—I believe not.

WILLIAM KENNEY TYRER . I am managing clerk to Mr. Rumsey Wil liams. I was appointed substitute in the Prerogative Court, in the case of Panton against Williams—during the examination of witnesses on that com mission, I asked Mr. Jennings permission to inspect the papers, and I did so—the first time I discovered several pencil-marks on the papers, Nos. 2, 3, 4, 5, 8, and 9, which I could not make out—I wrote a note to Mr. Rumsey Williams on that subject—in the course of the inspection of these papers to trace out "Bishopgate-street," "Cursitor-street," and a variety of other words—I discovered lines drawn across the papers, and the words, "vacant ground," "ground lot," "Castle-street," "Norwich-court;" and on one or two there it "Jones Panton, Esq." and "B. B. Hurloek, Esq.," and on the top of two of them "map"—some had been obliterated—I was present at the arrest of Mr. Williams—he was taken by Forrester, the officer, and Mr. Ruthven accompanied him to London.

Cross-examined by MR. ATTORNEY-GENERAL . Q. How long hare you been clerk to Mr. Rumsey Williams? A. Since the 14th of October last—I had been in other service before—I had never acted in a commission of the Ecclesiastical Court before—I had my instructions from Mr. French—I cannot fix the day on which I first saw these scrips—it was after Mr. Wil liams's witnesses had been examined—the first time I saw them I observed marks on them, and I asked Mr. Jennings if I might inspect them, as part of our case was to prove that one of the attesting witnesses could not write, and I wished to look at the signature—it was merely out of curiosity—Mr. Priest, of the Bank, at Carnarvon, and Mr. Owen Owen, had seen the scrips—when I saw them I immediately saw some marks—Mr. Jennings was lodging at the Goat—I was there every day, and I saw his room sealed up every day during his dinner-time—not more than two days—the papers were only sealed up in one room—that was after the time for the examination had been extended—the door was sealed with a piece of paper put across—I held the candle while Mr. Jennings sealed it—he did not ask me to do it—he only sealed it twice while he went to his dinner, and he dined with his door open—his door was only sealed twice, to the best of my recollection—it was sealed, I think, with paper—I am not aware that it was ever sealed with tape—I dined with Mr. Jennings several days—Mr. Wadeson did not—he was asked, but did not do it—I think I might positively say I dined fif teen times with him, if not more—we had our dinner, and he immediately returned to his room—I had no conversation with him about the witnesses

who were examined—if I commenced the conversation, he refused to answer me—that was two or three times—the moment I saw the pencil-marks, I said, "Good God, there are pencil marks!"—I think he told me he knew what they were, but he did not tell me what they were at that time—I examined the fac-similes with him—he said he thought it his duty, lest any thing should happen to him, to point them out to me, and accordingly he did, and I saw them then—I think that might be a week or more after I had asked permission of him to look at them, and had inspected them—he pointed out to me what he had discovered—I made out "Bishopgate-street," and "Cursitor-street," and parts of some other words, but I had not time to apply to them, as Mr. Jennings was examining witnesses, and at the end he pointed them out to me—I examined the fac-similes with him—I did not at all assist in making the fac-similes—I bought the paper of Mr. Pritchard, the bookseller, at Mr. Jennings's request—I believe it was charged to Mr. Rumsey Williams's general account—I saw Mr. Jennings making the fac-similes from time to time, but I never assisted him in tracing either the writing or the pencil-marks—I am sure of that—I swear it—I was in and out of the room on different occasions while he was making the fac-similes—there was no one else there—the fac-similes were made, I think, mostly at night, and in the morning I saw the greater part of the pencil-writing traced upon the tracing paper, but T did not at all help him—I cannot tell How long he was employed—I saw the fac-similes lying on the table—I am not aware that any one else saw them—I never saw but one copy of them made—I examined them with him—I might be two or three hours employed about that—I think we examined the duplicate and the original first, and then the others another day, but I would not charge my memory precisely with that—Mr. Jennings had the fac-simile lying before him, and, from time to time, he took up the papers which he could see with the naked eye; and when he could not, he used a reflector, and then he traced the marks on the fac-simile—he had the fac-simile before him, and he took up the will, and saw through what part of the letters the marks went—he traced them through the dot of an i, or the tail of a g—he cer tainly placed the tracing paper over the papers, and with regard to the ink, he traced that over it—he had no pencil to make an imitation of the pencil-marks—I think he did them with red ink—there was a pencil, his own pocket-pencil, but he never applied that to the original will, that I saw—I had a fall opportunity of seeing the fac-similes, and I told Mr. Rumsey Williams what I had seen—I did not tell Mr. Wadeson—he was gone before the fac-similes were made—Mr. Williams attended the commission himself daily—I did not mention to him what I had seen, nor call upon him for any explanation—the fac-similes were finished the day the commission was closed—I then proceeded to my lodging, about a mile from Carnarvon—I did not go to London till after Mr. Williams was in custody—I did not go to procure the warrant—I remained at Carnarvon—I knew the warrants were coming down, but I cannot tell positively who told me—I think it must have been Mr. Rumsey Williams, but I would not charge my memory—I had no conversation with Mr. Jennings about any warrants—I swear that—the officers sent to my lodging for me—I was not there, and they sent to a friend's house—I met them at the gate, and accompanied them to Brynbras Castle the next morning—the officers did not think themselves justified in going, without some one to identify the prisoner—Mr. Williams was at home at Brynbras Castle—he took his papers in his own custody to Lon don

—I picked them up for him, and they were taken, by Mr. Williams's desire, to London, to be inspected by his professional advisers.

Q. Did not the officer seize a large quantity of papers belonging to Mr. Williams? A. He said to Mr. Williams, "We shall want your papers," and Mr. Williams filled one bag with papers, and said they should be taken to London and inspected in the presence of his legal advisers—Mr. Williams, the officer, and myself went to the iron-chest, and Mr. Williams took them out and put them into the bag—that was certainly under the requisition that they should want his papers—I have not detained a great portion of those papers—I do not know of their being detained—Ellen Evans was taken at Brynbras Castle at the same time—I was not present when Ann Williams was taken—I accompanied Ellen Evans to Tyn-y-maes, and there met Mr. Jennings—I was surprised—he and I entered into conversation with Ellen Evans and Ann Williams—I put some questions to Ann Williams—I told them they were charged with forging the will, and then asked ques tions—I did not see either of them during the rest of the journey—I left and went home—I bad come in a post-chaise with Ellen Evans alone, about fourteen miles, and the officer was on the box—I had some conversation with her, and put questions to her—that was not by the desire of Mr. Rum sey Williams, but out of my own head—I came to London in the beginning of March—I saw two of the fac-similes in the country with Mr. Jennings—I saw them again on my examination—Mr. Jennings brought the fac-similes when I saw him at Tin-y-maes—he showed them to me—I had two of them in my hand.

Q. Had you them at Carnarvon? A. I had two—I showed one to Captain Boyle, and I showed them to Mr. Morgan, at the bank of Carnar von, now you remind me of it—I went there for money, and I showed them as cariosities—when I was examined in London, I saw the same fac similes—I have seen Mr. Jennings since I have been in town—I saw him yesterday and to-day waiting outside—I conversed with him as I would with any other person—I have assisted in the prosecution as clerk to Mr. Rumsey Williams—I have conversed with Mr. Flower—I conducted the prosecution in the country in Mr. Rumsey Williams's office, as his clerk—I have communicated but little on the subject with Mr. Rumsey Williams—he would not communicate with me—I brought the witnesses to town myself—I subpoenaed a witness named Jane Thomas, but she did not come under my subpoena, she was on her way to London when I subpoenaed her—I believe she was one of the house-maids—I subpoenaed Owen Roberts—I do not know that he was the gardener—I was not directed by Mr. Rumsey Williams to subpoena them, but by Messrs. Harmer and Flower—I came to town and instructed them—I drew up a brief and gave it them—I sub poenaed Grace Jones—she is here—I have never said that I was directed by Mr. Rumsey Williams to subpoena these witnesses—I do not know that Mr. Rumsey Williams is employed by any one to conduct this prosecution.—I am not the agent of Messrs. Flower—I have conducted the prosecution as Mr. Rumsey Williams's clerk—I saw Mr. Jennings in London—I called at his house three times to see him, and talked to hirer in general terms about this business—I dined at Mr. Rumsey Williams's house at Penross in company with Mr. Jennings—but I went home—I was not very well—I went in the same chaise with Mr. Jennings—I do not know who paid Mr. Jennings's expenses of that journey—I met Mr. Jennings at dinner at Mr. Rumsey Williams's on the day after the apprehension of the prisoner.

SIR WILLIAM FOLLETT . Q. Did Messrs. Harmer and Flower send you

a list of the names of the witnesses you were to subpoena? A. Yes—I had it from them in London—I subpoenaed Jane Thomas, and she was on her way to London—they told me she was subpoenaed on the part of the pri soner, at the house where she was living—Mr. Lloyd Roberts and his clerk were there—I asked Mr. Lloyd Roberts's permission to subpoena Owen Roberts, for the prosecution, understanding he had been subpoenaed by the prisoner—I subpoenaed Grace Jones, at the house of Mr. Thomas, the maltster, and she then showed me the subpeena she had on behalf of the prisoner—they are in town, on both subpoenas—I have seen them in town—I looked at these documents, first of all, to examine the signatures, as I understood that Ann Williams and John Williams could not write—I was present at the time Mr. Jennings traced pencil-marks—he had the will be fore him, and copied it—I examined them with him—he had one, and I the other—we read over the ink and pencil-writing, and examined them, one with the other—I did not assist him in any other way than that—in fart, he made a good deal to do about letting me see them at all—the papers were put into a bag at Mr. Williams's—I have never seen them since-one parcel of them was sealed up by me, by Mr. Williams's direction—the papers were taken out of the chest by Mr. Williams himself, and put into the bag—the officer was present—I put questions to Ellen Evans when I was in the post-chaise—one was, How she came to be present when Mr. Panton signed the document which she had seen in London, said to be his will—another question was, where was he at the time, and whether John and Ann Williams were present, and How they came to be present—she said she was in the drawing-room with her master, and Mr. Panton had been signing a parchment, which she and her master had witnessed—she said that her master told Mr. Panton there was another paper for him to sign, and he desired her to call up John Williams and Ann Williams—she said Mr. Panton held the paper in his hand, that he approached the table and signed it, and that he said to her master, "Tom, will you not witness that too?"—and he said, "No, there is no occasion for that—they will do"—I asked if Mr. Panton said any thing—she said that he said he delivered it as his last will and testament, or as his act and deed; and that Ann Williams and John Williams had signed it, and that she had signed it; and that on her signing it, she was going to read the contents, and her master put a sheet of blotting-paper over the will—I asked her what they were talking about when Mr. Panton signed the document that she had seen in London—she said they were talking about Mr. Hurlock—I asked what they, said about Mr. Hurlock—she said Mr. Panton said that Mr. Hurlock gave a great deal of trouble, and Mr. Wil liams answered, yes, he did, but it would soon be over now—I asked whe ther she was sure this passed—she said yes, she was, and that she had stated so to the examiner in London—I asked her if he wrote it down—she said she did not know—she had told him many things which she thought he did not write down—she said it was after Mr. Panton had signed the paper she had seen in London, that he said Mr. Hurlock gave a good deal of trouble—I believe that was the substance of what passed on that sub ject—there was conversation passed on other matters.

FELIX SLADE . I am a proctor. I have no recollection, on any occa sion, when Mr. Wadeson was from London, that I deposited any where for him—I believe I did it, but I have no recollection—if I did, it will appear in the assignation-book—from seeing it in this book, on the 22nd of July, I am aware that I must have done it—( looking at the book )—I am certain I did not make any alteration in those scrips.

Cross-examined by MR. ATTORNEY-GENERAL . Q. When an examiner enters on his office, is he not sworn that he never will disclose any thing that happens on any examination, until publication passes? A. I believe he is—it is his duty to hold no communication with either side, respecting the evidence—I am not aware whether he is sworn.

SIR WILLIAM FOLLETT . Q. The witnesses are examined on oath? A. Yes, and their examination taken down in writing, and at a certain time it is published—both proctors see the scrips as soon as they are filed—it is only the statement of witnesses that is not shown—the proctors are not present at any part of the examination—the witnesses are examined from the allegations in the interrogatories.

WILLIAM BOGGIE re-examined . The prisoner applied to me a few days after Mr. Panton's funeral, to attend the reading of Mr. Panton's will, at Plasgwyn, and said his brother, Mr. Gethin Williams, would write to inform me when the time was fixed—this was a day or two after Mr. Panton's funeral—I agreed to it, but I was never informed of the time to attend—Mr. Williams told me at that time it was his intention to enter a caveat against the will, and begged I would make the necessary inquiries at to How it was to be done—he did not tell me his reasons for doing so—he made no mention of any other will, except the one that was to be read at Plasgwyn—he was in a very great hurry; it was late in the afternoon, and he had a long way to go—I have stated all that passed respecting going to Plasgwyn—I was to receive information from his brother, but I did not, and never attended—he did not mention the ground of the caveat—I went to Bangor to make inquiries, and found that it must have been done by a proctor.

Crow-examined by MR. ATTORNEY-GENERAL . Q. Mr. Williams had entered a caveat at Bangor? A. Yes, and then he had gone to London.

ROBERT WILLIAMS . I am a solicitor, residing at Carnarvon. I was de sired by Mr. Rumsey Williams to attend at Plasgwyn, on the 9th of June, to read over the will and codicils of the late Mr. Jones Pan ton, and to ex plain them to his relatives—I know the band-writing of the prisoner—( locking at an affidavit )—I believe this to be the signature of the prisoner. The following documents were read:—The affidavit made by the pri soner, in the cause pending in the Prerogative Court, in which be deposed that no papers, scrip scroll paper or writings in the form of a will or codicil of Mr. Jones Panton, had at any time come into his possession or knowledge, except the documents Nos. 1 to 11, and the will and three codicils produced on the part of the prosecution.

The scrips are as follow:—No. 1, purported to be a will of Jones Pan ton, dated the, 6th of November, 1834, bequeathing all his tenements, &c. in Anglesea, to his son, P. G. Panton, and his heirs; those in Denbigh and Merioneth, to William Barton Panton; to his daughter Martha Ha milton, and Lauretta Maria Williams, and the children of Jane Elizabeth, his deceased daughter's, the property in Flint; and the residue, real and personal, to his daughter, L. M. Williams; also all his messuages, &c. in Great Britain, also his funded property, money, furniture, &c, and all per sonal property, and appointing his son-in-law, Thomas Williams, executor; it was attested by Ellen Evans, Ann Williams, and John Williams.—No. 2 was a duplicate of No. 1.—No. 3 was a codicil, dated the 15th of October, 1836, confirming the will, attested as before.—No. 4 was a codicil, dated the 7th of May, 1837, bequeathing 20/. to his upper housemaid, Jane Thomas.—No. 5 was instructions for the will, No. 1.—No. 6, a slip of paper, on which was

written, "Where of, I have hereunto put my hand and seal, this day of May, 1834, Jones Panton. Signed, &c. in presence of Ellen Evans, Ann William, and John Williams." No. 7 was a notarial copy of certain pencil memo randums. No. 8 was also instructions for the will, No. 1; and requesting his son-in-law, Thomas Williams, to draw the same.

No. 9.—"I give to my son, Barton Panton, my Denbighshire and Merioneth estates, and his children. I give my Flintshire estates to Martha Hamilton Bulkeley, and her children; also to Lauretta Maria Williams. As to Hugh Thomas, he is no better than Old Lewis." ( This was written on the back of the envelope of a newspaper, with the name of Newcombe .)

No. 10.—29th June, 1836.—"My will in 1834 to stand, and nothing in it is to alter what I have given to Laura. I have been robbed of my pro perty by that woman of Llanddyfnan; and my children must look to the marriage settlement of Jones Panton, as I did not understand it, and trusted to Oldfield. My servant Jane is to be in my will; the sum I will state another time.— JONES PANTON ."

No. 11.—Was a codicil to the will of the 6th of November, 1834, confirm ing the said will, and signed—"I approve of this, JONES PANTON ."

GEORGE THOMAS RUTHVEN . I am one of the officers who apprehended the prisoner on this charge. I took possession of some papers—there were two cases produced by Mr. Williams—he ordered his servant to go and fetch them—there was an arrangement made in his presence for their conveyance to London—I was out of the room part of the time—when I came back it was arranged that the parcel should be sealed up, and not opened till they came to London, in presence of his solicitor—they were opened two days after my arrival in London in presence of his solicitor, and the solicitor for the prosecution, and Mr. Williams himself, at the prison—there was a selection made from those papers of what were thought necessary for the prosecution, and the others were given up immediately to Mr. Williams and those who were about him—the others have remained in my custody ever since, and I now produce them—I afterwards gave copies of the papers that remained in my hand, to the prisoner's solicitor. and the solicitor for the prosecution—I was ordered to attend the copying of the papers.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Who gave you in structions to seize the papers of the prisoner? A. Mr. Flower, the soli citor for the prosecution, told me when I got them to seize all necessary papers that applied to the case—I had no warrant, but for the prisoners apprehension—I was not to judge of what papers were necessary—I was to meet a gentleman in the country, who was to go with me—I presurned that the gentleman was to direct me as to what papers were to be seized—I met the gentleman at Carnarvon, it was Mr. Tyrer, Mr. Rumsey Wil liams's clerk—he accompanied me to the house to apprehend the prisoner, and he was present when the papers were taken—Mr. Flower told me I should meet a gentleman there who would tell me what to do—he told me to seize what papers were necessary, and that I should meet a gentleman who would instruct me—I was accompanied by Mr. Tyrer—when I apprehended Mr. Williams I told him we must have his papers—(there was another officer with me)—I am not aware that Mr. Tyrer had said any thing to me at that time as to the papers I was to take—when I told Mr. Williams we must have his papers, he rather demurred in the first instance, but being told that we must have them, he desired his servant to go and

fetch the papers in two boxes, and then they were taken out and all put into one—I apprehended the young women—one was at the house at the time, who was put into custody of the constable of Carnarvon—I did not bring Ellen Evans to Ty'n-y-maes.

ROBERT WILLIAMS re-examined . I am acquainted with the prisoner's hand-writing. The name subscribed to both these deeds ( looking at them ) I believe to be the signature of Mr. Thomas Williams—this agreement of the 31st of May is in the hand-writing of the prisoner.

( A deed of partition of certain property in Bishopsgate-street, Curtitor-street, and other places, was here read .)

Adjourned .

Wednesday, April 11 th .

The Queen against Thomas Williams —(Continued.)

JOSEPH NETHERCLIFF . I am lithographer and fac-similist to the British Museum. I can see marks on this scrip No. 1—I see a capital "D" here written in pencil; and at the top, under the word "Amen," there are pen cil-marks—I see the double line of a large letter under the second and third lines—I see double strokes of large letters, but I really cannot at pre sent distinguish what they are—here is "Map" on the left-hand side of the paper—here is "hopgate-street"—on the right of the paper in the same line here is "Cursitor-street"—I see a double-line ruled transversely, im mediately under the "s" of "Cursitor"—I do not see any horizontal rul ing—I see two lines under the word "sirname," but they do not go hori zontally—here appears to be a line from "my sir name of Panton," running through the word "and," and going through the line—if I turn the paper side ways, I see some more of that kind of writing, double lines in pencil—it seems to me as though there were a capital "C," and I see a kind of final "t," about four inches from the "C"—under the "C," to the right, before yon get to the double-ruled lines, I see some small mark, which looks like a figure—it looks to me like part of a "6"—I cannot speak to any other figures—a little to the right I see some remains of pencil, apparently a "C" and an "O," but I see it more by the indentation of the paper than any colour of pencil—if it is a "C," it is a capital "C"—about two inches down the paper, to the right-hand from "stock all and singular," runs a line, and under that is a small capital "C," as though the words were small altogether—I see parts of three letters between the "C" and a final "t"—there appears to be room for three letters between them, but I really can not make them out—I see after the "t" a loop—under that word I see more bits of writing, in large letters, but I really cannot make them out—under the marks I see some ruled lines, and under the lines I see a "1," and a "2" after it—that is to the left of the paper—to the right, on a line with the "1" and "2" I see a "3," and beyond it, two lines—below the "3," and near the words "lastly," and "witness," I see parts of figures, it may be a "1," or part of a "4"—below this appearance of figures I see part of a ruled line running in a line with the word "pictures"—I see some large writing, and above that, near the end of "witness" and the "x" of "six," there appears to be a ruled line on which large writing has been—on the left side of the paper I see there is a long word, but I really cannot distinguish it—I see a long continuity of letters—I do not mean that letters continue all the way—there may be two words—now I see under the writing which appears a continuity of letters the word "ground," and in a

line with the word "ground" I see a pencil-mark across the word "entitled"—it is a letter which I cannot make out—I observe there are figures or letters—at the end is a "6," or it may be a turn of an "0"—just to the left of the word "eldest" I see a long word, and evidently the word "Court" after it—I can see an "s" near the close of the long word, the last letter but one or two—under that long word I can distinguish two small ruled lines across the word "Wales"—below that is the same kind of writing—here is a capital letter apparently—it is the word "Ground" again, but part of this is not double down-strokes—after I pass that word I see "o t," or "o l," written apparently in a hurry; and here is a large flourish of a letter I cannot make out—under the second word "Ground" I set "Devons;" and there is more writing, but I can scarcely make it out—it contains four letters more apparently, and then another capita—I say it is a capital because it is higher than the others, but I cannot make it out; and there appears a final "t"—under the "D" there appears to me to be a "2" and a "3," very large; and about three inches on the right from the "3" here appears a very large "7," with a "6" before it, after it a very small "8;" and then I see the last sweep of a letter, but I could not swear it was a "9"—the letters are uneven, large and small—the principal parts of what I see are the indentations of pencil lines, and not the lead—the pencil has been rubbed out, and was a very bad pencil, but certainly the pencilling was done before the writing—this is the worst kind of paper to write on—there is no indenture on the ink—( examining scrip No . 2)—here is evidently, in the middle, the word "Map"—a little below it is a capital "B"—I see the word "Bishopgate-street," and in the same line I see "Cursitor-street" in full.

Q. Turn the paper up, and look if you see any ruled line horizontally along the paper? A. Certainly, I observe lines in various direction—under the horizontal line is the word "Cursitor," and under that the word "street" and two lines—along the same line is a capital "C," and some other letters, which I cannot swear to—here is "r t"—I should read it "Cursitor-court."

Q. Will you look at that a little more carefully? A. I was wrong, what I took for an "r" is an "s," with a "r" following it, or a looped "1" and "e"—it appears to be "Castle"—there is a line under it, which I think it impossible to speak to—in the last line but one, in the "t o" of the word "Hereunto" under the word "Castle," if it is "Castle," I see a long ruled line, and under that I see "1 2," and "1 3," in figures, well made in double lines—to the right I see another figure, either a "2" or a "3," and there is a "4" distinctly, and under that two more figures—the last is a "5"—the first I cannot say whether it is a "2" or a "3"—it is either "20," or "25," or "30," or "35"—here is a capital not well made out—a "C a," and part of a letter, and a final "t," and a little below it, im mediately under the "a," is a capital "G," an "o" in the centre, and a "d" final—there is an "r" following the "G"—under that there is a strong line passes horizontally through the whole, and under that another line and some writing between the two lines—there is a large down stroke of some capital letters, as an "I," a "P," or a "D," or any other—I can read the word "Court" at the end—under that I can see another line—I perceive writing below under these lines, here is a capital "G," and "r," and "o," and then I lose it—then there is a "d," and I can see nothing beyond that—I do not see any thing in continuation of that word—under

that I see a ruled line, and then under it a very good capital " Devon skire ," a little beyond that, in the same line, is " Stre ," one "e" obliterated a little, and a "T"—under the capital "D" I see figures—there is a "2 3 4 5 6," a long stroke, which might probably be part of a "7," and an "8," and a "9," very plain—I see a line over the word "Ellen Evans," running horizontally—it has been rubbed out very much—I should say decidedly from my experience, that the marks of letters which I see on this paper were made before the writing—this paper appears to me to have been rubbed to remove pencil marks, particularly in this part—I can see there were marks, which have been defaced—the ink certainly does not appear to have been at all removed—it appears to me to have been a very bad pencil, and if that had been done since, the grease of the pencil would have appeared over the ink, but the ink has covered the pencil, not the pencil that.

Q. Now take No. 3 into your hand, let me direct your attention to the upper part, about the centre division, and see whether you discern any writing upon that? A. I observe something immediately under the "No. 3"—I cannot make out the first letter distinctly—there is a capital, and a long tailed letter following—then there is a small "e" following it—then there seems a continuation of larger letters, but I cannot distinguish what they are—I cannot distinguish what the capital letter is—it is a capital "A" or "M," or such letter, with the turn they have—the final letter is very much rubbed, and taken away, but I see a "t," and I should sup pose a long word before it—I cannot make out more that I should like to swear to—under the capital I discern other writing, but it has been so rubbed and smeared, that I cannot see it—there is considerable quantity of marks of writing, before I come to the writing—above the words "Last will," is a small running-hand capital "D," I should say that is all dirtied over—and then "d," and the first part of an "a"—through the word "Last" there appears to me "the city"—it appears like a good round "C," and "ty"—under the word "added," I can see a stroke, and then a "t," and an "e," but I cannot connect them—under the word "and" there is a letter at first sight, I should say it was a capital "B" at the begin ning—under the words "on or about," in the second line, here is writing again—under the word "or" there is "at"—under the word "about, there is writing which runs into it, but I cannot make out the letters—under the word "the" there is what would appear double "e," or a scrawl—in the 4th line there has been a great deal of erasure above the word "contained," and under it for some considerable space, and there is pencil writing before the "c" of the word "contain," and that continues on, but whether the commencing letter is a "t," an "1," or a "p," I cannot say; and an "A" it may be, "ga" "la" or "pa"—under the words "Jones Panton" there has evidently been writing rubbed out, but I cannot swear to the letters—under the word "intention," two lines lower, I see a capital "I"—I can very well discern that there are letters following it, but I cannot read them—I see after the "I" there is a com mination of writing for two inches, and then comes scratching out again—under the words "and singular"—I see between the words "and" and angular 'a capital "D," and it runs up between the writing, "a ted"—here is a long stroke on and above the word, "other," in the same line, but I cannot distinguish any thing further—under the words, "and hereby also confirm," in the last line but two, there is the appearance of writing—and over that has been the word "one"—under the word "and"

there is the loop of a letter—there is no pencil writing below "I have hereunto put,"' and no pencil writing at all on the left hand side of this sheet.

Q. Now look at No. 4, I would direct your attention to the words "Codicil to?" A. This is very much rubbed indeed, but I see the traces of writing—over the word "One" in "One Thousand" in the 7th line I see writing—it appears to be a capital letter—the first part of a stroke, which some persons would make a capital "N"—under the "N" of the "thousand" there appears much such a capital as I saw before, which I should make a "D"—there is a short word following the "D," but that has been written through—it appears a "t," and part of an "o"—I should read it "dot," but it has been very much rubbed—the nap of the paper is completely rubbed off—there appears to have been other pencil writing—under the "d" of the word "housemaid" there has been a very great erasure—it appears as though some long letter had been there—over the "yn" of "Plasgwyn" there has been writing—I see writing over the word "confirm"—under the "s" of "said" I see there has been writing, but it has been so completely rubbed that one part of the grease has got into another—under the words "said" and "mentioned," and between those two words, there are faint marks of writing, but I cannot distinguish to make out what the letters are—above the "sand" in the word "thousand," there has been a long word, which appears to me to have begun from the "t" in "thousand"—there is an "o" over the "S" with a stroke to it—it may be "a," or "q," or "g"—these marks were done before the ink-writing, certainly.

Q. Look at No. 5, begin at the centre of the paper, under the 5? A. Here appears a very large part of a capital in the same double-lined writing—it may be an "A" or an "M"—the next letter appears a "G," but I cannot make out exactly what that is—at the left hand corner here is "J. Panton, Esq."—in the opposite corner on the right, I discern a capital "B," and a continuation of writing, and a "Q" at the end—there appear indications of writing near the capital "B"—about two inches be low the "J. Panton, Esq."—there is "Bis," along stroke, and "op gate"—after the "e" I see "s t"—if I turn the paper sideways, I see the figures "1 2," and "1 3," and I see here is writing under the 13—here is a capital letter, but it would take me a very considerable time to make it out—under that there is some other writing, in the same double-stroked letters—there seems "n t" and "r o" under it, and the "T" is a final letter—there is no doubt in my mind that the pencil marks of this have been done first, and the ink after.

Q. Look at No. 8, just above the "I" in the word "instructions"—? A. Here has been something rubbed out so completely, that there is not a pencil mark—there is an indenture following some letter—there is a long word at the beginning—the first part of the letter which I can see the indenture of, appears to me as though it was a capital "I," or it may be the up-stroke of an "M" or an "A"—there is the remnant of a long word after the "o" in the word "instruction"—a little bit of pencil remains, but I cannot form a letter—there is the pencil mark of a letter in the "f" of "for"—there is other writing, which appears to have been removed by a knife, not rubbed—under the line, "I give to Paul Griffith Panton" there has been writing, through the word "Paul" I see capital strokes I see clearly "of" over the word Panton—and through the "N" is a stroke—but there is an erasure again, with the thumb nail or a knife—

there is some writing continued to the end, and going down a little, as if there was not room for it—in the word "all," there is a letter through the "o," and a long stroke through the "1"—it might read, "at the"—and through "Plasgwyn," also, there is writing—there is an "a" and what appears like an "f" through the word "Gwyn"—through the words "whoever has" there is an "a," an "n," another "n" or an "m"—there is writing also in the next line, under the words "the" and "An glesey," but I can only see the tops of letters—I think I can make out an "a" there, and the others may be "I's" or "t's"—they are long letters—under the word "property" I do not see any thing but erasures—lower down, under the words "all the rents," there is evidently the word "cove Dante"—through the word "law," I can see pencil marks—a long stroke, which may do for "f" or "t"—I can see distinctly "and" written through and under the words "my will"—there are letters before it, and after the word "which" I see an "x" distinctly.

Q. Look at the words which precede the x attentively? A. Here is "six" after the word "and," and before the "s" I can see a "t y," writ ten up and down in a careless way—now I look at the marks preceding the "ty" I see it is "thirty"—! now read the words "And thirty-six"—in the line immediately above that the last words are, "To draw," and through these words there are long and short strokes—but I really cannot tell what they are—there is "th" and some others—the words "And thirty-six" are apart from each other, and a little downward—that is not the case with the rest of the writing, generally speaking—the lines are more regular than that happens to be—there is a little inclination in the line under "Griffith Panton," but not equal to this—that is not in a straight line, but this is very much out—I cannot trace any thing after the letter "x" in the word "Six."

Q. Take No. 10, and look at the word "June?" A. This it written across with that same kind of character, double strokes in the down-strokes—I can only make out the turns of letters, apparently three lines of letters—I see a double line before the "29," but not letters—about a quarter of an inch from the "29," and running through the "th" in the word "no thing," about half an inch lower down, I find the words "No. 10" written, and across it some pencil marks, but I cannot make out what they are—still lower, I see a little mark on the "t" in "instruction" and a mark after it, but I cannot form them into letters—lower still there has been something, but I cannot make it out—the pencil marks on this paper, also, appear to have been written before the ink.

Q. Take No. 11, and look at the words, "and part" in the second line? A. I see there has been writing here, but I cannot trace the words till I come to the end of "last will and testament," and there is a capital "B," a capital "H," some way on, a "c," a "k," and "Esq."—I cannot swear to what there are between the capital "H" and the "ck" there is" a capital "C" running through the word "November," in the fifth line, and reaching to "thirty-four"—here is a "Cu," or a "Ca" and I see a "t" and an "s," the "s" appears to be across the "I give"—the "s" is two or three inches from the capital "C," but I really can hardly swear that it is an "s," it is not a capital letter—I can distinguish two "e" and a "t" finishing that line, not capitals, but double-lines—I do not see the double lines of the capital, but the small letters are double-lines—I now reverse the paper, and look at the words "Jones Panton" I see across that a capital "C u"—I can see distinctly enough to read

the word "Cursitor"—the letters are not all plain, but I should take them for nothing else—under the word "Cursitor," about an inch below it, is double et"—under that again here is the remains of some large capital, the two down strokes of the commencement of a capital—here is the head of a "2" or a "3," and under that again appears another "2"—under the second figure I see two faint lines, but I see no words—in "ratify and confirm," here are faint marks, but I cannot make out a letter—here are double marks forming letters—on the right of the word "Cur sitor," there appears another capital "C," and the tops and tails of letters, and it appears to end with a final "t" or "d"—under the word "Cur sitor," I see a mark which may be the down stroke of a "4"—I now see it is the figure "1," and immediately next to it is a "2"—under this "1" and "2," there is the same down-stroke, which having a "3" an nexed to it, appears to be "13"—on the left-hand side, there is large writing across it, but I cannot distinctly trace the writing—on the right-hand side there are the remains of a capital "D"—under the figures "2" and "4," there is another "2," but I cannot see the figure which follows it—there is the remain of a figure—these marks, like the others, appear to me to have been on the paper before the writing.

Cross-examined by MR. ATTORNEY GENERAL . Q. When did you first see these papers? A. I do not exactly recollect the time—I saw several of them at the Prerogative Office, about a fortnight ago—the registrar showed me the papers—I went three times, about half-an-hour each time, to examine them—no one assisted me to examine them—I have very good eye-sight, but I used a magnifying glass—I have seen the fac similes in the hands of another person, but I never examined them.

WILLIAM CHRISTMAS . I am a clerk in the Bank of England. I made an extract from the books this morning, of the amount of stock standing in the name of Jones Panton—there is in the 3 per Cent, consols, 4, 524 l . 17 s . 7 d . on which the dividend has been received, till January 1838, under the power of attorney to Esdail, Hammet, and Scott—the next is 3214 l . 3 s . 2 d . in the reduced Three and a half per Cents., on which the dividends were received to the 5th of this month, under a power of attorney, by the same house—20, 722 l . 12 s . 1 d . in the new Three and a half per Cents., which was for merly the new Fours—the dividends have been unreceived from July 1827, but not all on the same amount—there has been increase in the stock from time to time.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Any one may ascer tain what dividends are unpaid by. looking at a book? A. Yes, but those lists only contain stock which has been for ten years—the unclaimed divi dend book is published once a year, usually in June, but this year it was published in March.

SIR W. FOLLETT . Q. What do they contain? A. Only where there was stock as well as dividend remaining unpaid up to 1823—since then the Bank have published the name and description of the party, and the time the dividend became due, but no amount—that can only be ascertained by application to the Bank.

JOHN HOLFORD GRINLEY . I am clerk to Edward Rumsey Williams, son of Mr. Rumsey Williams. I have the proceeding in a commission of bankruptcy against John Roberts—the date of the fiat is the 23rd of De cember, 1833—I knew John Williams of Brynbras—I do not know that he was in the service of the prisoner—I knew the man, and he is dead I am informed—he was at our office frequently—his front teeth projected

put in front—I remember his coming to me in August, 1834, to prove a debt of 1 l . 11 s . 8 d . under that commission—I prepared a proof for him and put it before him—I took him before the commissioners at the Goat Hotel, and caused him to be sworn—he did not put his name to. the depo sitions—he said he could not write, and asked me to put his name, and he put his mark to the deposition—he might be from thirty-three to thirty-five years of age—he was rather a tall man—he appeared to be a common labourer—I put the mark of John Williams, and he put his cross—he received his dividend under the estate—I left the receipt at the examiner's with the depositions—he went by a Welsh name, signifying "Like a hare."

( The deposition and receipt being produced by Mr. Beames, from the Pre rogative Office, bore the mark of John Williams instead of a signature, and were attested by the witness .)

Cross-examined by MR. ATTORNEY-GENERAL . Q. The father and son are not in partnership? A. No—one lives at Carnarvon, the other at Penross—I went to Mr. Edward Rumsey Williams first in 1834—I left him once, and then went back—there was no accusation brought against me at any time, or by anybody—I am a writing-clerk—I was absent from Mr. Ed ward Rumsey Williams about ten months—during that time I wrote for Mr. Edward Williams, Mr. Rumsey Williams, or any person I could get a job for—I have copied abstracts and things for him—I think the last time I copied an abstract for him was about August last.

Q. Just look at this figure "5," is that figure in your hand-writing? A. It is—it was always a 5—it has not been altered in the least—the re ceipt will bear it out—if you look at the receipt, you will find it is the same—I might have made this figure a 3 first, by mistake, when I first copied it—I cannot say that it has not been altered from the time I originally wrote it, but it has not since the man received the money.—John Williams is dead—I do not know his widow.

SIR WILLIAM FOLLETT . Q. What was the date of the fiat? A. The 23rd of December, 1823—the commission was against John Robinson, who was proprietor of the quarry at Llan-rig.

RICHARD OWEN . I am parish-clerk of Llan-rigg. I knew the late John Williams—I knew him in the service of the prisoner—when I was there he followed the horses—I produce the register of the marriage of that John Williams—I know he was living in the service of the prisoner in October—I do not know the day of the month—it is two years past—he died about the month of October, in the same month that he left the prisoner's service—I do not know what sort of front teeth he had.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Did you know much of this John Williams? A. No—only seeing him occasionally—I do not know whether he could read—I do not know to the contrary but what he could—I never saw him at it.

ROBERT PETERS . I knew the late John Williams, of Han-rigg—I knew him to be in the service of the prisoner—I was present at his marriage, and saw him put his mark to this register.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Did you know him in his life-time? A. Yes—I never saw him try to read—I saw him make his mark at Llan-rigg church—I never saw him have a pen in his hand but on that occasion—I never saw him make figures—I know the widow and son of John Williams—I saw them in London, in the Park, on Sunday, at a distance—I did not speak to them.

( The register being produced, bore the mark of John Williams, instead of his signature .)

JOHN HUGHES . I knew the late John Williams—I was not in the habit of paying him money, but I saw him paid—the account generally reached to seven weeks—receipts were taken from him on those occasions—( looking at some receipts )—these do not belong to me—none of these are in my time—I have some receipts in my own possession—these are them—here is one of November, 1828, with the mark of John Williams—here is another, 17th January, 1829—29th March, 8th May, 3rd July, 11th August, 10th October, 24th November, all having the mark of John Williams.

Cross-examined by MR. JERVIS . Q. Were not these payments at the quarry on the usual pay-nights? A. Yes—they were for the regular pay nights, but sometimes it was a little postponed when the money had not come up—it was a very large work—some of these accounts amount to as much as 600 l .

THOMAS JONES . I am agent of the quarry at Llan-rigg. I knew the late John Williams since the year 1824—he had two broad teeth, and one narrow one, in front of his mouth, which projected more than usual—a foreman at the works, named Thomas Jones, used to pay the men—Wil liams was one of the workmen at the quarry—these receipts ( looking at some ) are all receipts for money paid to him at different times—here are forty-nine receipts, from the year 1832 to 1833—these all have the mark of John Williams—according to all he showed me, in act and deed, while he was with me, he could not write—I have not known that he could read.

Cross-examined by MR. ATTORNEY-GENERAL . Q. Do you know whe ther he could? A. I do not know that he could read every thing—I never heard him try—from what I heard, he could neither read nor write.

JAMES WILLIAMS . I am a sadler, residing at Carnarvon. I knew John Williams while he was in the service of the prisoner—I remember his call ing on me to give an order for some harness—I asked him to write down the order—he said be could not—I think this was in 1814—it is down is my book—I was not in the shop myself—I was in another place—I sent for my son—we were all three there—John Owen wrote the order down—I was naming it, and John was writing it—John Williams was there, and only we three were in the room.

Cross-examined by MR. JERVIS . Q. Can you write? A. Yes, a little—I can write my name—I can write down what belongs to my own busi ness, but my work is not fit to go before anybody—I never make a mark to a receipt to a bill.

. BROOK BAYNES HURLOCK, ESQ . I was formerly jointly interested in some houses in London, with Mr. Jones Panton—we were tenants in common—there were some in Cursitor-street, some in Castle-street, and I think Warwick-court, and some in Devonshire-street, at the other end of the town, and I think two in Cavendish-court, to the best of my recollection—I do not know what Devonshire-street it was—I do not recollect whether we had any in Bishopsgate-street—we afterwards agreed to a partition—I acted for myself, being a solicitor, I did not employ any one—I did not manage this property myself, we appointed Mr. Hodsoll, a gentleman in the Royal Exchange, receiver, and we did not give ourselves any trouble about it—the deed of partition was drawn by counsel—there was a deed of partition executed in 1831, the counterpart of which I have now in my pocket—since then I ought to have received the rents of part of the pro perty myself, but I have not—I have some distant recollection of seeing the prisoner with reference to this property—I think I saw him once, when we agreed to part the property, and I think, on our entering into a verbal

agreement, the property was valued—I think we had the property valued by a Mr. Curtis, who lives at Stratford—after the valuation was made, Mr. Wil liams wrote that he must have the lot in Devonshire-street, and then we entered into a written agreement, which Mr. Williams took down—I first made a verbal agreement with the prisoner—according to the best of my recollection, that verbal agreement was not acted upon, and there was sub sequently a written one, which was acted upon, as the deed will show—I did not know where Cavendish-court is situated, nor Devonshire-street—I think it is in the City.

COURT . Q. Have you any recollection of any plans or sketches being prepared for the purpose of dividing the property? A. I have not, some plans were shown me some time ago, but I never saw them before.

GEORGE THOMAS RUTHVEN re-examined . I have got the papers I pro duced yesterday—here is No. 1, and Nos. 25 and 24.

ROBERT WILLIAMS . This paper and counterpart of the deed, and these three other papers, are in the hand-writing of the prisoner.

( The following documents were here read:—Scrip No . 8, as stated in page 1150. A valuation of certain property in Devonshire-street and Castle-street, in London, amounting to 9450 l . Instructions for the division of cer tain freehold property, Nos . 12, 13, and 17, 18, in Cursitor-street ; 24 and 25, Castle-street ; Nos. 3 to 9, Devonshire-street, and other places; together with the deed of partition .)

Adjourned .

Thursday, April 12 th .

The Queen against Thomas Williams —(Continued.)

Evidence for the Defence .

THOMAS WILLIAMS . I am a solicitor of Beaumaris, and Mayor of that town. My brother, Mr. Bulkley Williams, married one of the Miss Pan tons—he is a clergyman—in the year 1824 I was in partnership with my father—who is dead—I produce a will and codicil made by Mr. Panton—they are in the same state as they were, sealed up by Mr. Panton—I wit nessed the execution of the will, and one codicil—I had made a previous will to this, which was cancelled—this is the draft of it—that will has been destroyed.

( This was the draft of a will devising certain estates and personalty equally between Paul Griffith Panton, Thomas Panton, William Barton Panton, Mrs. Hamilton, Jane Elizabeth Panton, and Lauretta Maria Panton; and making Paul Griffith Panton, and Rev. W. Hamilton, execu tors. Dated 26 th of January , 1824. The will was dated 18 th of March , 1824, and exercised a power of appointment given by settlement in favour of the said children and their issue. The codicil, dated 10th of February , 1825, gave parts of certain estates to Paul Griffith Panton, and other parts between the five other children, directing the same not to be included in the settlement .)

THOMAS WILLIAMS ( continued .) I knew Mr. Jones Panton well—he was very unused to business—his habits of business were very odd—I know his hand-writing—he was very cautious and very suspicious—I be lieve this letter to be his hand-writing—( looking at one )—I believe this scrip (No. 9) to be his hand-writing, and also all this scrip, No. 7—I know his seal—I believe the seal of this will (scrip No. 1) to be his, also the signature—I think this is his seal on No. 3—I believe the hand-writing

of No. 4 to be Mr. Jones Panton's, and I believe the slips Nos. 8, 6, and 11, also, to be his signatures.

Cross-examined by SIR WILLIAM FOLLETT . Q. You prepared these with? A. Yes—my father and myself—the hand-writing of this draft is my own hand-writing, and corrected by my father—I was not present when the instructions were given—they were taken by my father—the signatures of the witnesses in the draft are my writing—no part of that is the writing of the testator—I know nothing of the instructions for this will but what I heard—the instruction for the will of March, 1824, were taken by my father and myself—we took the instructions in writing—I have got then—these are them—( producing them )—the whole of it is my father's hand-writing—I was present when my father took the instructions from the lips of the testator—I have no instructions for that will signed by the testator—I also took the instructions for the codicil of 1825—these are them—( producing them )—this is partly my father's, and partly my writing—it devises all the lands, not comprised in the settlement, to the six younger children—the will had been cancelled—I was not present—it is marked "cancelled," by my father, upon the draft—my father, brother, and another person, are the attesting witnesses—I am acquainted with the hand-writing of Mr. Panton—I believe this document of the 27th of April to be his hand-writing—( looking at it )—I have seen this before at Doctors' Commons—( looking of No . 9)—I have a clear belief about that—I believe this to be his hand-writing—I do not think I have seen him write with a pencil—I believe this (No. 7) to be his hand-writing—I can read the words at the bottom—it appears to me to be the same hand-writing as the rest—I was concerned for him, and have seen him write—I have seen letters from him—I saw him execute his will and codicil, and have seen, him sign leases—I was con cerned for him in passing his brother's accounts at the Stamp Office—it was necessary to have his signature—I have seen him write cheque—he was not in the habit of employing any member of the family to write for him, to my knowledge—I do not remember having any communication from him by letters at all—our communication was generally verbal—the last letter I saw was in the year 1829, on the death of his daughter—I was not in the habit of receiving letters from him—I have seen letters from him.

MR. JERVIS . Q. Is it at all uncommon for persons who are not good scholars, though they can write their names, to make their marks? A. They will not write their names, unless obliged to it—they prefer putting their mark—I have seen many letters of Mr. Panton's, and am well ac quainted with the manner of his writing—it is very peculiar.

PAUL GRIFFITHS PANTON . I am the eldest surviving son, the second son of the late Mr. Jones Panton, of Plasgwyn, and brother to Mr. Barton Panton, the prosecutor. I live in Denbighshire, better than sixty miles, I should imagine, from Plasgwyn—Mrs. Williams, the wife of the pri soner, is the youngest daughter of my father—she was my youngest sister—previous to my marriage, in 1826, I had opportunities of observing and as far as I can judge, I should say she was a very great favourite of my father's—previous to my marriage, the management of my father's affairs were intrusted to me, for about three years—I had a great oppor tunity, during that time, of observing the way in which he transacled matters of business—during that time, he was called on to sign instru ments—I should say, decidedly, he would not have signed with ink a paper written in pencil—I am acquainted with my father's hand-writing—to the best of my judgment, I should say, that this letter is his hand-writing

—( looking atone )—he was in the habit of employing members of his family to write for him, previous to his death—I have never seen Mrs. Barton Panton write, but I have received letters with my father's name—this one I received on the 3rd of June, 1833, containing 75 l .—( read .)

"Plasgwyn, June 3, 1833.

"Dear Paul,—I send you 75 l ., which you will acknowledge—I meant to have left you my Flintshire property if I had not been robbed by that wretched woman, and that double villain, Oldfield.

"Yours, affectionately," JONES PANTON .

"To Paul Griffith Panton, Esq. Kilhendre, Ellesmere."

Q. Look at this letter of the 22nd of April, 1834—is that in your father's hand-writing? A. I have seen this letter before, and said it was in my father's hand-writing—to the best of my judgment it is his hand-writing—it is a hard thing to swear to it—I believe it to be his—( read .)

"Plasgwyn, 22 April, 1834.

"DEAR TOM —I wish to see you very much, when I shall be able to show you How much I have been robbed of all my property, by that in famous woman of Llanddyfnan, Hugh Thomas and Oldfield, who I em ployed as my confidential advisers. With love to Laura, your's truly,

"JONES PANTON .

"To Thomas Williams, Esq. Brynbras, Carnarvon."

Q. Will you look at this, and tell me whether you believe that to be your father's hand-writing?—(scrip No. 9.) A. I do believe it to be hit—I believe this pencil-writing (No. 7) also to be his.

Cross-examined by SIR WILLIAM FOLLETT . Q. How long before your father's death had you seen him? A. I had not seen him personally since 1828—I cannot say in what month—I do not recollect—it was about probably one-third or a quarter of the year, in the early part of it—I should say I was not on bad terms with my father since that time—at first, there was a difference concerning some family affairs, and after that I never saw my father—great care has been taken to keep me from seeing him—I should say that difference did not continue to the time of his death, if I were to judge from the tenour of a letter I received from him—I was not reconciled to him—I cannot fix the day of my hearing of his being ill—it was in the month of May I received a letter—I wrote him this letter in consequence of it—( looking at one )—I imagine I received the information as early as the 16th of May, by this letter—I began to be on bad terms with my father in the spring of 1828—I did not live with my father then, but between three or four miles off—after this difference I removed—I travelled about some time, and never afterwards resided in the county of Anglesea—I have not been to the house since that time, till I was at the funeral—I say that it is not likely my father would have signed with ink a pencil-writing, because he was a very suspicious man—I should think it very likely that he would give instructions for his will in pencil, because he was very often in the habit of writing memorandums in pencil—I cannot say that he wrote any memorandums of consequence in pencil, but he was in the habit of writing in pencil—I should suppose that he would write instructions for his will, in pencil, from what has been produced here to—day—if I had not seen this paper, I cannot say whether he would or not, from my knowledge of his habits of business—he was a very cautious man—I believe this letter—( looking at the one dated 22nd of April )—to be my father's hand-writing—I have had this pencil-writing twice before in my hand since I have been here, and I saw it at the Prerogative Court—I

can read the last line of it, it is "Williams"—it is so obliterated that it is impossible to make out what the first word is—I do not think that I can read it—I can make out "Williams"—there is "to," and there is something over "Williams"—the "Williams," I should say, is my fa ther's writing—I have no doubt about it—I cannot tell any of the rest—I should say that the "Williams" was the same hand-writing as the rest of the paper—I believe this (No. 9) to be my father's hand-writing—I have not seen him write since 1828—I have received a letter from him since that, in his own hand-writing—my youngest sister was married in the year 1828, after I left—I have not seen her and my father together since her marriage.

MR. ATTORNEY-GENERAL . Q. What sort of terms have you been on with Mr. and Mrs. Thomas Williams? A. On no terms at all—I do not think I spoke half a dozen words to Mr. Thomas Williams in my life, at least since that marriage was in contemplation—there was no intimacy between us before the marriage—I received this letter in course of post—it is signed by my father:—"Plasgwyn, Feb. 22nd, 1836.

" DEAR PAUL ,—In closed I send you 75 l ., which you will please to ac knowledge by return of post. On Saturday I received your letter announcing the birth of your little boy—I congratulate you upon the event, and I am glad to hear that the mother and infant are doing well, and hope they will continue to do so. I remain, dear Paul, yours affectionately, " JONES PANTON ."

Q. What kind of feeling then existed? A. The same kind of feeling—we were very good friends at a distance, we never visited—when I hard of my father's illness I wrote this letter:—

( This letter was here read, in which the witness expressed his regret at the illness of his father, and stating that if he wished to see him, he would come over .)

Q. Did you receive any answer? A. Yes, signed by my brother Bar ton, but I destroyed it with a number of others—it stated that he had not thought fit to communicate my letter to my father, because he had rallied and was not conscious of the dangerous state he was in—I cannot ex actly say the date of that letter, but it was several days after I had written—my father died on the 26th of May.

Q. Now just look at this paper in pencil, (No, 7,) do you see any dif ference in the hand-writing of the whole of that; do you believe the whole of that to be your father's hand-writing? A. To the best of my judg ment it is all my father's hand-writing.

RICHARD MATTHIAS PRIEST, ESQ . I am cashier to the Carnarvon Old Bank, and am in the commission of the peace, for the borough of Car narvon. The deceased, Mr. Jones Panton, kept cash at our bank twelve years—at that time I inspected and paid cheques that he drew—I never saw him write, but they were always received right in account—I believe this letter, of the 22nd of April, 1834, to be Mr. Jones Pan ton's hand-writing—I believe this (scrip No. 9) to be his writing—I believe this (No. 7) to be his writing, the whole of it, both sides.

Cross-examined by MR. CLARKSON . Q. Have you seen there papers before? A. I have twice, and twice only, the first time before the Ex aminer at Carnarvon, and at the Commons in London—I went there to inspect them—I was there at least an hour, not more I believe—Mr. Paul Griffith Panton was with me, Mr. Thomas Williams, and Mr. Owen Owen—I had not come to London with Mr. Paul Griffith Panton—I met him

at the New Hummums—he was introduced to me Mr. Paul Griffith Panton—I had never seen him before—I was there first—I put up there, and our meeting was accidental—I had no idea of his coming—that was last Saturday morning week—Mr. Owen Owen came with me to the Hummums.

Q. Look at the last line of this, (No. 7,) can you read it? A. I can read "Williams"—I cannot make out the word before "Williams."

MR. ATTORNEY-GENERAL . Q. Just read out what you can? A. I can make out "Ella," I think it is—it is above "Williams"—as far as I can decipher, every part of it appears to be the same hand-writing—that of the late Jones Panton, I have not an atom of a doubt.

OWEN OWEN . I am a solicitor in Anglesea. I was acquainted with the late Mr. Jones Panton—I have frequently seen him write—I was some time in the office of Mr. Rowland, a solicitor, who was concerned for Mr. Jones Panton, at Beauraaris—I have frequently seen him write, but I have not corresponded with him—I am well acquainted with his manner of writing—I believe this letter to be his hand-writing—( looking at the one dated the 22nd of April , 1834)—and this scrip (No. 9) I believe also to be his hand-writing, and this also, (scrip No. 7,) I believe the whole of it to be his hand-writing—the last line appears to be "rest to etta," or "elfa Williams."

MR. ATTORNEY-GENERAL . Q. Having seen the whole of that, do you believe the whole is the hand-writing of Mr. Jones Panton? A. I do certainly, I have no doubt at all in my mind—I have lived in Wales all my life—I know the customs of the people—it is a common thing for people who have learned to write, and can write, to make their mark.

Cross-examined by SIR WILLIAM FOLLETT . Q. Have you been em ployed as solicitor? A. No, my clerk has been subpoenaing some wit nesses for the prisoner—the first time I saw these documents was before the Examiner in January at Carnarvon—I can see these words" rest to" well enough to form a judgment of the hand-writing—I can see them without a glass, but better with a glass—I can see it sufficiently well enough to form a judment without the glass, by very close inspection—the word "Williams" appears to me to be spelt "Willims"—in another part of the same paper the word "Williams" is spelt properly.

MR. ATTORNEY-GENERAL . Q. In the last "Williams," are the letters distinctly marked, or do they run one into another? A. They run one into another—with the minute inspection that I have made with the naked eye and with the glass, I have no doubt that the whole is in the hand-writing of Mr. Jones Panton.

HUGH SAMUEL . I am a painter, living at Manchester. I knew John Williams, who was in the service of Mr. Williams, of Brynbras—he is dead—William Jones was his father—I went to school at Mr. Pritcbard's, at Bangor—John Williams was at school with me from twenty-four to twenty-five years ago—he could write—I have frequently seen him write—he had very large teeth growing out—I was in the same class with him.

Cross-examined by MR. CLARKSON . Q. How old are you? A. Thirty-four—the last time I saw him at school was from twenty-four to twenty-five years ago—for the last ten years I have been between Wales and Man chester—I cannot say that I was ever at the quarry at Llan-rigg—I have been two years out of Wales—I cannot say when I last saw John Wil liams, within a month, or two, or three, but it might be somewhere about six years ago—I have seen him write a copy at school—it Was large hand—I can write better now than I could then—I do not know How old I was

—I cannot tell in what year I left Mr. Pritchard—John Williams was there from twelve to eighteen months—I cannot tell who left first—he was rather older than me—I went very young—they carried me there—I went there before I was eighteen months old, but when John Williams and I were at school together it was twenty-four or twenty-five years ago—I was at school in the year 1815—I do not remember How long I staid—I was there three years, and off and on, at different times—I was there about five, six, or seven years—I cannot say what age I was when I first went—I was ten years old when I first went—I cannot say whether I was more—I was not fifteen—I was fifteen when I left—after I left Pritchard's I went apprentice to a man of the name of Davis, at Bangor, not directly I left school, but in a couple of months;—I was about fourteen when I first became apprentice—I have seen John Williams writing the copies we used to have at school, "Command yourself," and "God save the King," and so on—I have seen him write his name—I cannot fix on what occasion—we have been writting both together—he has been writing his name in my copy, and I wrote my name in his copy-book, or on a deal board that we had—I have seen him write within the last twenty-five years.

Q. When did you ever see him write? A. I am wrong, I have not seen him write since we were in school together—there was no other person of the same name in school, not from the ferry—there was no other John Wil liams there whose father was William Jones—I swear that—I was applied to at Manchester about this, by Robert Williams, the clerk to Mr. Hughes, last Monday week, not before—he asked me, did I know of a person of the John Williams—I told him I had been with John Williams—he asked me had I been at school with him—I told him I had—John Williams whom I went to school with, and the son of the ferryman, William Jones, is not alive now—I have not seen the John Williams who was the son of the ferryman—not the John Williams I am called here upon.

Q. Will you swear you have not, within the last six months, seen John Williams, the son of William Jones? A. No—nor for nine months. nor for twelve months—it is between six and seven years ago since I last saw John Williams, the son of William Jones, that I was at school with—I have not seen him since, to the best of my knowledge—I have not seen him the last two years—the last time I saw him was at fiangor ferry—that is between six and seven years ago—I have not seen any John Williams, the son of William Jones, for the last two years.

MR. ATTOBNEY-GENERAL . Q. Was that the John Williams that had the projecting teeth? A. Yes, and he was the son of William Jones, of Tya Llidiart—( it is usual in Wales to place the sir name before the Christian name .)

EVAN PBITCHARD . I live in Bangor. My father's name was William—he was a schoolmaster at Bangor—I knew a boy in my father's school of the name of John Williams, the son of William Jones, the ferryman—his front teeth projected out rather—that is about twenty-five years ago—I remember the boy—he was learning to write, but I do not remember that he could write—he was only about a month, in my time—I left before him—I was in the class above him—it is four or five years since I have seen him—I have heard he is dead, but I do not know it—I have not seen his corpse, but the "renown" of the country is that he is dead.

SIR WILLIAM FOLLETT . Q. What was his father's name? A. William Jones—he was ferryman there—there was another William Jones, a ferry man there—they both had sons, but one was called John Jones, of Bangor ferry, the other, John Williams—I do not remember that they were both there together—John Jones was a long time at school with me, at Tyn-Llidiart.

JOHN PARRY . I knew John Williams, who was in the service of the pri soner—I had known him from twenty-five to twenty-six years—he was the son of William Jones, of Tyn-Llidiart—I was at Mr. Pritchard's, at Bangor—I do not know How long ago—it was from twenty-five to twenty-six years—I saw him having a copy, but cannot speak as to his capability of writing it—I never learnt to write—he was in a higher class than I was—he was in a class which learnt to write, or he would not have had a copy-book—I saw him having a copy-book, but I cannot speak as to his capability of doing any thing in it.

Cross-examined by SIR WILLIAM FOLLETT . Q. How old are you? A. Thirty-seven—John Williams was the eldest—I cannot tell How long I was at school with him—six months, or less—I recollect another person who was the son of William Jones, a ferryman—he was called John Jones.

JOHN DANIBL . I knew the late John Williams, who was servant at Brynbras—I have known him for twelve years, and more—I know he could write, because I saw him—the first time I saw him was on a slate, at the quarry—I have seen him write his name with a nail, at another time with a stone pencil—that was Lord Newborough's quarry—he wrote, for me, a line to go to Mr. Williams's, at Brynbras, as John had a slang of land from Mr. Williams—I took that line to Mr. Williams, of Brynbras—he lived then at Beaumaris—I saw John Williams write that line, in my house—I delivered it to Mr. Thomas Williams, in his parlour—I had some conver sation with him about it—Mr. Williams kept it then—I do not know what he did with it afterwards.

Cross-examined by MR. CLARKSON . Q. How long ago was this? A. It is more than five years back—I was then living at home, and working at the quarry—there was only one John Williams working with me—there were many other John Williams's, in other gangs—I live within two miles of the quarry—the line that I took from John Williams, to Mr. Williams, of Beaumaris, was written on paper—it was a bit of a letter'—it was not on a sheet of paper, it was a piece of paper, and sealed—I saw him write on the paper before it was sealed—it was a very few words—he was ac quainted with Mr. Williams, and I did not know him—the contents of the letter were for Mr. Williams to come and give a lease on the piece of ground, the same as John Williams had, for me—I was married—I could write middling well, but not enough to write a letter, and he knew Mr. Williams better than I did—he could not write a free hand, but he could write better than I could.,

WILLIAM JONES . I am a stone-mason, and worked at Brynbras Cattle. I knew John Williams—it is eight years next August since I first went to work at Brynbras—he came two years after me—he could write—I kept the labourers' accounts—I have seen him write—he signed bills for me to get money from my master—he wrote his name—I have seen old Mr. Pan ton at Brynbras.

Cross-examined by SIR W. FOLLETT . Q. When did you see him there? A. I cannot say when I first saw him, nor How often, as I was from there occasionally—I have seen him more than once or twice—I last saw him twelve months ago last summer—I had money from my master, and Wil liams signed the bills for the money—my master paid the money on the bills that John Williams wrote for me—he always signed his name—I cannot tell How often—it was many times—I have not taken so much notice it was so often—I never saw him make a mark—I cannot say How many years I have been with John Williams, as I have been away from there—I

have not taken notice of what length of time I was with him—I have been three years—perhaps more—I cannot say to a day—I have been two or three years away from Brynbras—I was there again afterwards.

COURT . Q. Do you know his hand-writing when you see it? A. I am not so well acquainted with writing myself—I can write.

EVAN JONES . I am a stone-mason, and live at Llan-rigg, that is near to Brynbras, less than a quarter of a mile. I knew the late John Williams—he had been in the service of Mr. Thomas Williams, of Brynbras—he has been dead two years—I know he could write—I have seen him several times—this paper is my hand-writing—I saw John Williams sign that at the time that Mr. Williams was paying money for work that I had done—I saw him sign both these signatures—( looking at them )—I have seen him sign his name on other occasions besides when he signed these papers—to the best of my judgment I believe this is John Williams's hand-writing—( looking at scrip No . 1)—and this also, to the best of my know ledge, is his hand-writing—( looking at No . 2.)

Cross-examined by SIR W. FOLLETT . Q. On what occasion did yon see John Williams sign this paper? A. At the time I was settling ray wages with Mr. Thomas Williams—the name of John Williams was put to this paper, that he might be a witness that Mr. Williams paid me the money that I received for my work—this other part is a receipt for work from me.

Q. What is the meaning of the signature of John Williams? A. that Mr. Williams had paid me money—I received the money from Mr. wil liams—the body of the paper is Mr. Thomas Williams's hand-writing—I cannot tell at all to a certainty why the name of John Williams is there—I should think to the best of my knowledge that the writing above "Ellen Evans" is the hand-writing of Ellen Evans—I think I can swear that I saw John Williams sign both parts of this receipt—I will swear to this one—I have seen him write on other occasions—I never saw him sign his mark—I have seen him sign his name several times—I cannot recollect How often.

MR. ATTORNEY-GENERAL . Q. Do you recollect, on the 7th of March, 1835, that you yourself received 4 l . 19 s . 6 d .? A. I did, for work done for Mr. Thomas Williams—Mr. Williams himself paid me—John Williams was by—I signed my name on the receipt, and then saw John Williams sign his name as a witness.

ANN WILLIAMS . I am the widow of the late John Williams, who was servant to Thomas Williams, of Brynbras. I have seen him write—I have got a Bible and two Testaments in which he has written his name—( pro during them )—I am able to say that these were written by my husband—I saw him write them—the top and bottom of this page is his writing—I saw him write in all these books.

Cross-examined by MR. PHILLIPS . Q. Was not he very fond of writing his name? A. He was—I have no more books than these three—I cannot say whether there was anybody present when he wrote besides our own household family—there is now only myself, my mother, and the boy—the boy is fifteen years old—I have not got a daughter alive—we have but one room—I cannot say How long ago it is—it might be five or six years ago—he wrote sometimes at night, sometimes on Sunday—just as it happened—I had no daughter of the name of Ann Williams—my son went to school—he can write a little—there was a person of the name of David

Ellis lodged with us—I do not know that I ever showed the Bible to him—I cannot be certain that I did or that I did not—I really cannot say that I ever pointed out the name of my husband on that book—I do not remember that I ever did—I will not swear I did not—I did not tell David Ellis that all these names were written by my son—I do not think I did—I never told David Ellis that the name of John Williams was written by my son—I never told him that any of the names I pointed out to you were written by ray son—I do not think there is any one written by my son, except his own name, and that is quite distinguishable—this is it—it is his own name, Robert Williams—I really cannot say that I showed this to David Ellis, and told him it was my son's writing—I have no recol lectipn that I did or did not—I never pointed out to David Ellis the name of John Williams, as written by my son—I never told David Ellis that my son had written the name of John Williams, though he had been only nine months at the national school, and had lost some weeks—all this page of this Testament is my husband's writing, with the exception of these three letters, which are in ink, all the rest are in pencil—these three letters are the boy's writing—I think this Welsh writing is the hand-writing of Wil liam Foulkes, the son of Foulkes, the singer—I cannot say certainly who wrote the name of Ann Williams in ink, but I am inclined to think that it is the boy's—there is none of the writing which I have been showing to you which are the boy's writing, but they are my husband's own hand-writing.

Q. Were not all the "John Williams" and "Ann Williams" on this page written by the boy? A. These are not, the pencil ones are not, but I cannot say as to this or this—the boy was not allowed to write in the books—he used to have pieces of paper to write on—I do not know whether the Ann Williams, and the second John Williams, were. written by my son, but I believe they were—I did not wish him to dirty the books.

Q. Now look at this Testament, in whose writing are these names? A. I cannot tell—it is not the boy's writing—the boy's name is Robert Wil liams—I think this was his father's book.

Q. Look at this "Robert Williams, his book," is not this your son's writing? A. I do not know whose it is—it is not the boy's.

ROBERT WILLIAMS . I am the son of the late John Williams, and am fourteen years of age since All Saint's day. My father could write—I have seen him write—there is some of his hand-writing in this Bible—here it is, every where almost—I have seen my father write in this Bible—there is some of my father's writing in this Testament—this is it—( pointing it out )—there is some of my father's writing in this other Testament.

Cross-examined by SIR W. FOLLETT . Q. Can you write? A. 1 car write my name somehow—I cannot write any thing—my Christian name is Robert—this, Testament was my father's—I can read the name that is written in this page, "Robert Williams"—that is not my father's writing—I think it is David Ellis's—he wrote these two names, and I think in some other parts—I am not sure that I saw him write in this book, but I saw him write in some others—this "John Williams" is my father's writing, and the other "John Williams's"—my father wrote all on this page—there is only these three letters of mine—there is some of my writing on this page of this Bible—it is this "John Williams," "Ann Williams," and the "John Williams" below—I made this "J," and my father made the rest of the word, "John Williams"—I am not sure that I saw him—I made this letter—I saw my father make his name on many things.

ELLEN EVANS ( a prisoner .) Before I was brought to London I was in the service of Mr. Williams, Brynbras Castle, and had been so five years come the 20th of next month, as Mrs. Thomas Williams's maid. I went to Brynbras Castle the day I went to their service—that would be in the month of May, 1833—I remember, in that May twelve-month, Mr. Jones Panton being at Brynbras—he staid there three or four days, and one Saturday morning Mr. Williams told me, before I went to Carnarvon that he should want me and Ann Williams to witness Mr. Panton's signing a paper—Ann Williams was present—I went to Carnarvon market—John Williams drove me there—he told me, on his way back, that he thought master was going to witness Mr. Panton's will—I do not recollect whether John Williams was present when my master told me—I returned, between twelve and one o'clock, from Carnarvon market—the family had lunch after I returned—after lunch my master called us three up stairs, Ann and John Williams, and myself—my master had asked me for a candle before that—I took up a lighted candle—I do not think that was quite ten minutes before we were called up—we all three went up stairs, into a small sitting-room—I saw there Mr. Panton and my master—I know nothing more respecting the day, but I know it was on a Saturday, because of my going to Carnarvon market—my master was standing up at the table, and Mr. Panton was sitting at the table, in an arm-chair—the paper that I signed was on the table—it was open—the candle was upon the table, and Mr. Panton's watch and a stick of sealing-wax—my master told us, in Welsh and English, that Mr. Panton wished us to witness his signing that paper—John and Ann Williams did not understand English so well as I did—my master was never in the habit of addressing myself and Ann in Welsh, but sometimes he did John Williams—Mr. Panton then signed his name on the will—I could see it was written, because I stood behind Mr. Panton's chair—it was ink writing—when Mr. Panton signed the paper he put his finger on the seal—the seal was on the paper before I went up stairs—he put his finger on the seal, and delivered it as his last will and testa ment—Mr. Williams said something before Mr. Panton—he said those words before him, "I deliver this as my last will and testament"—I witnessed it next, at my master's request, at the side-table—I signed my name to it—Ann Williams signed it, and John Williams signed it—Mr. Panton saw them sign it—when I was standing behind Mr. Panton's chair, and looking at the paper my master did not say any thing—he covered the paper over when I was going to sign my name—he saw I was reading it—before that was done I distinctly saw that it was written in ink.

Q. Look at the signature "Ellen Evans," to Scrip, No. 6; is that your signature? A. It is—this is the signature of Ann Williams, and that is the signature of John Williams—that is the signature of Mr. Jones Panton—I saw them put their names to that paper on the day I have mentioned, but it was not in the same state it is now—when Mr. Pan ton and we three had signed it we all went down stairs'—Mr. Panton was next at Brynbras Castle the November following—he remained four or five days, on that occasion, at Brynbras—while he was there, on that oc casion, my master, Mr. Williams, said he should want me to witness Mr. Panton's signing a paper again—he said Ann and John Williams and I would be wanted—he told me to go and tell John to dress himself to come down—he did not live in the house—he lived a field off—I went to his house to give him that message—he came to the house—I was called up stairs between two and three o'clock—I cannot fix the day—it

was in November—I was called up stairs into the same room, the small sitting-room—my master and Mr. Panton were in the room—I witnessed a deed—Mr. Panton was sitting at the table—there was a parchment on the table—Mr. Panton signed it—my master then said that he acknow ledged it as his act and deed—Mr. Panton then said the same words after him—I then signed the parchment, and my master signed it—this is the parchment—( looking at it )—that is my signature, that is Mr. Pan Eton's signature, and that is my master's—I saw them sign that deed as it is now—when that deed had been signed by my master and I myself, it was folded up and put by—there were two parchments—Mr. Panton signed both, I signed both, and my master signed both—they were then folded up and put on the table—my master then told us that Mr. Panton wished us to witness the signing of that paper, which was the will—it was on the table—Mr. Panton signed it, and then said he delivered it as his last will and testament, then I signed it, and Ann, Williams, and John Williams signed it, at my master's request—Mr. Panton then said something to my master—I do not know exactly what it was, but the substance was, he asked my master if he was going to sign that too—my master said, "No, sir, I am a good witness to that, but not to this"—I could see the will, I could see the writing was in ink, I could see it distinctly—on the following day I was called into the little parlour down stairs—Mr. Panton and my master were there, no one else—when I went in, my master was standing in the parlour, and Mr. Panton was sitting down at the table—there was a paper on the table—it was exactly the same, as far as I could see, that I had signed the day before—Ann and John Williams came in, they were called in—Mr. Panton then signed his name to the paper—he said that he delivered it as his last will and testament—he put his finger on the seal again—I then signed it, and so did John and Ann Williams, at my master's request, in the presence of Mr. Panton—as I was leaving the room, my master said that Mr. Panton said he wished us not to be talking about it—Mr. Panton left Brynbras in about an hour after that—he went with my master and mistress in the carriage.

Q. Look at the paper, No. 1, is this your signature? A. It is—that is the signature of Ann Williams, and that of John Williams and Mr. Panton—they all signed that day.

Q. Now look at No. 2, is this the one that was signed on that day you have mentioned? A. Yes, sir, both the same—I cannot distinguish which of these two I signed first—Mr. Panton came there twice in a year—I recollect his being there in October, 1836—he came at stated times, after he came from Darwin Hall, and before he went—that is an estate that he had in Denbighshire—I recollect his being at Brynbras in October, 1836—I recollect, while he was there, my master calling me into the library—when I went in, Mr. Panton and my master were there—Mr. Panton was sitting at the table, reading the paper that I afterwards signed—as I went into the library my master said to Mr. Panton, "Ellen thinks herself very clever, in coming to be your witness so often, sir"—Mr. Panton did not say any thing to that—he looked at me—he put down the paper he had been reading and signed it—there was a seal to it—he said he delivered it as his last will and testament—I then signed it, at my master's request—Mr. Panton saw me sign it.

Q. Look at the scrip No. 3, is this your signature, "Ellen Evans?"— A. It is—I do not know the day that I signed it, but it was on the occasion

of my master calling me into the library in October, 1836—the paper was opened as it is now—it was written in ink, the same as it is now.

Cross-examined by SIR WILLIAM FOLLETT . Q. You have been living five years with Mr. Williams? A. Yes, the whole time at Brynbras Castle—there is a dining-room on the ground-floor, and a drawing-room—the room I first went into to witness these papers was the sitting-room, before the new rooms were made, which my master occupies now, on the ground-floor—not the same that there are now—there is a drawing and dining-room, and a small room up stairs—I witnessed the second in the little room up stairs, and the other in the breakfast-parlour below, and the other in the new library, on the ground-floor—I am acquainted with the hand-writing of Mr. Jones Panton—I never saw him write, but on those occasions—I have seen his writing besides, there were notes coming to my mistress—I knew his hand-writing—not many notes came—I cannot tell How many in the course of a year, one or two, and I have seen his writing in a note to my mas ter, which came to Brynbras—I cannot tell when—my mistress has shown me some notes in her father's hand-writing—I cannot tell when—I recollect one note coming to my master a good long time ago—I do not recollect the day of the month on the first occasion, when I went to Carnarvon-market, it was on a Saturday—I only witnessed one paper on that day—there was no other paper at that time there—I am quite sure about that—I am quite sure I only witnessed one on the 31st of May—on the 6th of November, when I signed the parchments, I only signed two—I will swear that, and one paper—I remember it—I did not witness foui—I wit nessed two large parchments, and one paper—it is four years ago—I re member the conversation, and all that took place, accurately—I witnessed other papers for my master, at different times, I do not know what they were—Mr. Jones Panton was never in the house, but I witnessed a paper—I do not know whether I have witnessed any respecting his affairs—my master never asked me to witness a pencil writing, or copy of a pencil writing—I will swear that.

Q. Look at this scrip, No. 7.; did you ever see this pencil writing be fore? A. I did, at Mr. Wadeson's—I saw it before that at Child's bank—no copy of it was made then—my master showed it to me—I witnessed no copy of it then—I never saw it any where else, but at Mr. Wadeson's and Child's bank—I never witnessed any copy of any writing.

Q. Look at this, No. 9; did you ever see this before? A. Yes, at Child's bank, my master showed it to me, to put my initials on it with Mr. Boyce—I made no copy of it, nor did he—I never saw it before I was at Child's bank—I witnessed no paper at all at Child's bank—I know Elizabeth Evans, who was kitchen-maid at Brynbras—she was not in town—she was not with me at Child's bank.

Q. Look at this signature, and tell me if it is yours?—( producing a paper .) A. It is my hand-writing, and this also ( looking at another paper ) is my hand-writing—I never saw the pencil writings at Brynbras—I never saw them with Elizabeth Evans—I never saw them till I saw them at Child's bank—that was last winter twelvemonth, January, 1837—I took them to the bank—I know Elizabeth Evans's hand-writing—this is her hand-writing—( looking at a paper )—she had been in Mr. Williams's service two years—she was not acquainted with the hand-writing of Mr. Jones Panton—I put the letters "E. E." to a paper when my hand was bad, at No. 1, Nottingham-place—I wrote with my left hand—I put my name to it at Brynbras—that was after I had put my initials to it—my master desired me to put my name to it, and my master desired Elizabeth Evans

put her name—I had no notion of what I had put my name to, but my master desired me.

Q. Now look at this signature at the other part of the paper; do you see Elizabeth Evans's name? A. I do—it looks like her writing—I should think it was hers—I saw her write her name at the time I did it—I ob serve my name is written twice—I do not know why I put my name the second time—I do not recollect it—my master told me to put my name a second time.

Q. Now look at these two signatures—the letters "E. E. are put; did I you sign that with your left hand in Nottingham-place? A. I do not recol lect it—I do not know what I witnessed that second time—my master did not ask Elizabeth Evans to put her name to that paper—he called her in to witness me putting my name—I wrote on it because I had written on it before with my left hand—I do not know what I meant to attest—I do not recollect that I had read the paper to which I put my name.

Q. Just read it now?—( the witness did so .) A. I do not recollect that I ever read it before—I should not like to swear it, but it is so long ago I do not remember it—yes, I do recollect reading it before at Mr. Wadeson's, or one like this—I read the upper part—I do not recollect the upper part just above my signature—I read the pencil writing in Mr. Panton's writing—Elizabeth Evans was called in to witness my signature only at Bryn bras.

Q. You say you only witnessed two parchments on the 6th of November; look at this other parchment, and see if your name is written to that? ( producing another parchment .) A. Yes—I am not positive that I only put my name twice on parchment that day—I cannot recollect well enough to be able to say whether I put my name on two papers that day—Mr. Pan ton said, after my master, that he delivered it as his last will and testament—he signed only two large parchments, no little one—I have not stated that I did not know whether he said his "last will and testament," or his "act and deed"—my master covered it with blotting paper the first time I was going to read it—when he covered the paper, he told me to sign my name—I remember something being said about Mr. Hurlock—my master did not say, "What a deal of trouble Mr. Hurlock gives"—I cannot tell what was said—on the 6th of November, when Mr. Panton signed the paper, he did not say, "What a deal of trouble Hurlock gives"—I cannot tell what he said, but he did not say what you have asked—when he mentioned about Hurlock, Ann Williams was there, and John Williams—I mentioned that I had signed the will on my arriving in London, but not before—I did not mention it to any one in the neighbourhood that I had signed it—I do not recollect that I did, because I was told not as I was going out of the room.

Q. What you stated just now was the second time; were you told so the first time? A. Yes—Mr. Panton wished us not to be talking about it—I did not state that I saw him sign any parchments—when I came to London was not the first time I talked about it—I talked to Ann about it when I was going down stairs after I did it; but after that I did not talk to anybody about it till I came to London last year—the first time I came to London was when I came up to Doctors' Commons—Mr. Panton did not say what a deal of trouble Hurlock gave—I never said so to Mr. Dodd or Mr. Tyers—I said he said something about Mr. Hurlock, but I could not tell what—when I was going out I left my master in conversation about Mr. Hurlock—there were not many papers on the table—I witnessed another Paper in November—I recollect the month, because it, was a little before we

came up to town—I came up to town in November, 1836, with my master and Mr. and Mrs. Lewis—we staid in town all the winter—I was in the library in November, when I witnessed the paper—I have a distinct recollec tion of that, and Mr. Panton delivered it as his last will and testament—I had some conversation with my master about this at Doctors' Commons—I had not told him what I could prove—my master and mistress brought me to town—he asked me whether I recollected taking papers to Child's bank—he did not ask me whether I recollected Mr. Panton signing his will—he never asked me any thing about it, not at any time—I have had no con versation with Ann Williams about this—I have been in the same room with her—I cannot say that I have not been speaking with her on this subject, but not more than I knew she knew, and she knew that I knew—in going down stairs, I said, "I wonder what Mr. Panton has given my mistress"—she said she did not know—that was the first time of all.

MR. ATTORNEY-GENERAL . Q. From having seen Mr. Panton sign these papers, and having seen notes, you know his hand-writing? A. Yes—I believe this pencil paper (No. 7,) to be his hand-writing—( looking at it )—when I saw these papers at Child's, I did not look at them—I saw then there, and put my initials on them—I saw them at Mr. Wadeson's—I read them there—a copy was made of them then—my master was writing a copy of them—my master lodged at Nottingham-place—I do not recollect whether it was after I saw these papers at Child's, that I put my initials—at the time I put the initials I was not able to write with my right hand—I had recovered the use of ray hand before I signed these paper at Brynbras Castle—Elizabeth Evans was present—I then signed my name in full—I see the name of Ellen Evans on this parchment—( looking at it )—that is my signature—I do not recollect when I signed that—there were two large parchments.

ANN WILLIAMS ( a prisoner .) I was in the service of Mr. Thomas Williams, at Brynbras. I entered his service in May, 1833—I lived there three months, and then left—I had learned to write—I was at school—I left the service, and came back again in May, 1834, and remained twelve months—after I came back, in 1834, I recollect Mr. Panton of Plasgwyn being at Bryn bras, upon a visit to my master and mistress—I recollect while he was there, being called one day to go up to witness a paper—I do not re collect what day of the week that was—John Williams and Ellen Evans were called up along with me—we went up stairs into the drawing-room—Mr. Panton and Mr. Williams were in the room—Mr. Panton was sit ting by the table—there were some papers on the table, a candle, and Mr. Panton's watch, and I believe there was some sealing wax—when we came in, my master said that Mr. Panton wished us to witness him signing that paper—Mr. Panton was sitting, with the papers before him—he, signed a large paper, and Ellen Evans signed it, and Mr. Thomas Williams—I do not recollect any thing Mr. Panton said—then these were put by, and he signed a will—after he signed it, he put his finger on the seal, and delivered it as his last will and testament—then the paper that was before Mr. Panton was brought to us at the side-table—Ellen Evans, myself, and John Williams, signed it at the side-table—Mr. Williams said that Mr. Panton wished us to sign it—we all three signed it, in the presence of Mr. Panton—this is my signature—( looking at it )—I signed this on the occasion I have mentioned—I saw Mr. Williams, and John Williams, and Ellen Evans, sign that paper—it was not in the state it is now—it was a large paper—I recollect Mr. Panton being at Brynbras castle again, the same

year, in November—while he was there, I was again called on to witness some papers, with Ellen Evans and John Williams—we were Called to the same room—all three were there, and Mr. Panton and Mr. Williams—I believe it was about two or three o'clock—Mr. Panton was there, and Mr. Williams—it was then that the parchments were signed—I was mistaken, it was not in May that the parchments were signed, it was in November—there was nothing signed except the will in May—there were one or two parchments signed in November, I cannot tell what—they were signed by Mr. Panton, Mr. Williams, and Ellen Evans—they were such parchments as this—( looking at one )—after the parchments had been signed by Mr. Panton, Mr. Williams, and Elizabeth Evans, Mr. Panton signed the will—having signed it, he put his finger on the seal, and delivered it in the same way, as his last will and testament—then Mr. Williams put it on the side-table for us to sign—we all three signed it, in the presence of Mr. Panton—he got up from his own table, and looked at us signing it—I then left the room, and went down stairs—I was called upon next day to sign some papers, and Ellen Evans and John Williams—we three went into the small parlour—Mr. Panton was there, with a paper on the table—Mr. Williams was there—Mr. Williams said that Mr. Panton wished us to witness him signing that paper—Mr. Panton signed it, and then he put his finger on the seal, and delivered it, as his last will and testament—Ellen Evans signed it, and then I signed it, and John Williams—we all three signed, in the presence of Mr. Panton.

Q. Now look at the signature to this paper, (the scrip No. 1;) do you see the signatures of Mr. Panton, Ellen Evans, John Williams, and your own, put to this? A. Yes—they signed it in my presence, I cannot tell who signed it first.

Cross-examined by SIR WILLIAM FOLLETT . Q. Which of you signed the names first? A. Ellen Evans, and then myself, and John Williams—he signed his name quickly—I dare say he was longer about it than Ellert Evans—I cannot say it was any longer, as I did not take notice of the time—I had seen him write his name very often—he was in the habit of writing his name a good deal—he was not in the habit of putting his mark—I never saw him write, but writing his name—he wrote quickly—I do not know whether he could write better than me—he sighed his name last.

Q. On the first occasion in May you said there was a large paper signed before the will? A. No, there was not—there was in November—I mean the parchment—I am sure there was no paper signed in May, but the one I witnessed, not in my presence—I knew it was Mr. Panton's will, and I talked about it going down stairs—Ellen said to me, she wondered what he had left my mistress—we have not reminded one another of that—I never thought of it till you reminded me of it—I have not talked to anybody about it since—I recollected it the moment you mentioned it—I and Ellen have not talked about this since we have been in town—we have talked about witnessing the will—we could not tell why we were in prison about it, no more than that—we have not talked about our having witnessed it—we have said nothing to one another about going up on two different days, once in May, and once in November, about witnessing this paper, except in the prison about it—I mean to swear that—we have seen one another every day, and been together all the day—we have said we could not think How they could bring us to prison about it—we have not said to one another that we went up into the room and witnessed the paper on the 31st of May, or signed one again in November—I have not said what I re collected

about it—we recollected it well enough, and therefore we did not talk about it at all—I recollect the first signing was in May, because it was a few weeks after I went to the place, which was the beginning of May—I know the second was in November, because it was a few weeks before my master and mistress went to town, and left me at Brynbras—I do not remem ber the day of the week, nor the day of the month, not either times, and I have not asked aboutit—the first time I went up in the drawing-room—that was but one drawing-room up stairs, all the others were bed-rooms—I re collect going up stairs on the occasion—I do not recollect any thing being said about Mr. Hurlock—I heard his name at Guildhall—I do not know that I ever heard his name at Mr. Williams's house—I do not remember any thing being said about his name in November—when I signed my name, Mr. Panton asked Mr. Williams if he was going to sign it, he said, "No, I am not"—I do not remember his saying, "These three will do"—I do not remember that I heard Mr. Panton say on the 6th of November, "I deliver this as my act and deed"—I do not remember whether he signed more than one parchment—I do not remember that I heard him say, "I deliver that as my act and deed," as I was standing by the door—I do not remember that I heard any thing about "act and deed."

Q. Do you know whether what you heard was, "I deliver this as my act and deed," or "last will and testament?" A. It was "last will and tes tament," the one that I signed—the words that Mr. Williams said for Mr. Panton to say were, "I deliver this as my last will and testament"—and Mr. Panton said, "I deliver this as my last will and testament"—Mr. Wil liams said nothing after that—I am sure, about the words, and Mr. Pantos repeated it after him—I did not see him seal it—I saw my master covered one paper over, but not the whole over, with a piece of blotting-paper, but when I signed it, it was all open—he signed it in May—I saw writing all over it—I did not read it, I did not try—I could see the words plainly enough—I knew at the time what they were—I did not read them—I thought it was Mr. Pan ton's will—I saw some of the words, but I did not take notice of them—I did not know any of the words that were there—I did not at the time read a single word of it at all—this took place, once in May, the other in November—Mr. Panton was in the house on both occasions, staying three or four days—he went away the same day as he signed it—the last day he signed it in November—I cannot say whether he was there for some days in May—he was there a night—there was no servant with him, he was quite alone—I believe I saw his carriage and servant there on one of these occasions, but I do not know which—I have not seen Mr. Panton since—I left in May, 1835—I have not returned since—I have been living since in several places—I lived six months is Tyn-y-maes, and with Mr. Jones's brother.

Q. After you saw the papers signed in May, did you see Mr. Panton at Brynbras, before November? A. No—I do not remember that I did—I did not see him after November there—Mr. Williams went away up to London, and I was left by myself up to March—I had never put my name to any thing before—this was the first time of my being a witness—there was no servant in the house but Ellen Evans and myself.

( The commissions and proceedings in the Prerogative Court were here put in .)

Adjourned .

( Friday being Good Friday, the Court did not sit .)

Saturday. April 14 th , 1838.

THE QUEEN against Thomas Williams .—(Continued.)

THOMAS OWEN . I am now in the service of Mr. Thomas Williams, the prisoner, and have been about four years, as coachman. I remember the Sunday before Whitsunday last year—on the morning of that day my masterwas at Brynbras—we left Brynbras on that morning in an open phaeton—I drove him to Plasgwyn—nothing happened to us on the road—there is—an iron gate near Plasgwyn, near a door—the iron gate is close to the road—it leads up to the front of the house—when the carriage got to the iron gate, Mr. Thomas Williams alighted down, and went to the front—I saw him—I alighted myself to hold the horse's head while he got down—I went to Rhuulas—that is the residence of Mr. Gitten Williams, the prisoner's brother—I took the phaeton there—I saw Mr. Thomas Williams at Rhuulas, be tween two and three o'clock—we stopped there till the evening, and then went home to Brynbras—I saw Mr. Barton Panton on the road that day, a considerable number of miles from home, and about twelve miles or there about from Plasgwyn—he met us at Clay-lane, about a mile or so from a bridge called Port Rig, between ten and eleven o'clock, as we were going from Brynbras to Plasgwyn—Mr. Bettis and Mr. Price were with him—Mr. Thomas Williams spoke to one of them—I do not know which—they answered him—that place is on the road either to Carnarvon or Penross—I recol lect Whit-Monday—My master and I left Brynbras that morning, and went to Plasgwyn—I drove the phaeton on that occasion—the phaeton drove up to Plasgwyn—we went to the iron gate, as we always used to go—I cannot say How long Mr. Williams remained there—he came in the evening, as usual, to Rhuluas—he and I returned that evening from Rhuluas to Brynbras—I saw my master alight at the iron gate at Plasgwyn, and go through the gate towards the front door.

Cross-examined by SIR WILLIAM FOLLETT . Q. Are you still in the. service of the prisoner? A. I am—I have not been examined about this before—I did not attend before the examiner at Carnarvon, nor before the Magistrate—this is the first time I have given any account of it—there is a road inside the iron gate, which leads up to the house—not a carriage road through that gate—they go on foot through that gate—there is a road going from the gate beyond it, which is the nearest, but not through that gate, there is no carriage road through that gate—the gate that my master used to go through, was the gate Mr. Panton used to come through, in coming from the front of the house—the iron gate is the nearest to go to the front of the house—it is the gate Mr. Panton used to go through—I have often driven my master to Plasgwyn before—I did not put up the horse and carriage at the house when I last lived with him—they would not allow us to put them up there within the last three years—I have driven my master several times to Plasgwyn during the last three years—the first time I speak of was rather a dull foggy day in the morning—it did not rain—I know it was the Sunday before Whit-Sunday, because Whit-Sunday is a very great holiday in Wales—Whitsuntide was a week after the time I have been speaking of—we met Mr. Barton Panton, Mr. Bettiss, and Mr. Price, twelve miles from Plasgwyn, on the Sunday before Whit-Sunday—they were on horseback—it was between ten and eleven o'clock in the morning—I am quite certain that it was on the day I put my master down at the iron gate that I met them at this place—I have often myself been in the house at Plasgwyn—I cannot say whether the

front door was kept locked, and whether it was necessary to ring to gain admission—I cannot say that it was always, or generally shut—the iron gate opens to the front of the house—I do not mean the gate of the lodge—I cannot understand a plan—the iron gate opens into the road which leads up to the front—it opens into the park—it is a gate in the road that opens from Mr. Panton's carriage-road, up to the house—it is necessary to get to the iron gate to pass through the lodge gate leading to the park—I got down and opened the lodge gate that day myself—I cannot know whether there was any one in the lodge—we shouted out—you must pass the kitchen window before you get to the iron gate, and the windows of the other rooms in the house—I did not see any of the people of the house as I went to the house, nor when I drove back—I went back imme diately to Rhuulas—I went through the farm yard to Rhuluas—I did not see anybody, or take notice of anybody—I saw my master about three o'clock, at Rhuulas—I left my master at Plasgwyn about one o'clock—Rhuulas is about a quarter of a mile from Plasgwyn.

MR. ATTORNEY-GENERAL . Q. Is there a road that takes to Rhuulas when you enter the lodge gate at Plasgwyn? Yes, certainly—my master used to go by Plasgwyn to Rhuulas, and always called there—I cannot say exactly whether that is a nearer way to Rhuulas than by the high-road, but I should think it is a little nearer—during the last three years that I have been with Mr. Thomas Williams I never put up the horses at Plasgwyn—I had always put them up there when I lived with Mr. Thomas Williams before—we did not put them up there, became Mr. Barton Panton would not allow us to have oats or any thing for the horses, therefore it would not do to put them up there—the iron gate it for persons that are going on foot to the front door—that used to be the way that Mr. Panton always came out with my master and mistress—I am quite certain that the day I met Mr. Barton Panton, and Mr. Price, and Mr. Bettiss in the Clay-lane was the Sunday before Whit-Sunday.

SIR WILLIAM FOLLETT . Q. Why did you turn back to go through the farm buildings instead of going on? A. That was always the way we went from Plasgwyn, through the farm yard—it is nearest by one half to go the way I speak of, than to go to the other lodge—the way I went was the nearest to Rhuulas.

OWEN WILLIAMS . I am in the service of Mr. Thomas Williams. I went into his service on the 22nd of February, 1836—since I have been in his service, I have seen Mr. Jones Panton at Brynbras twice—I am still in his service—I remember assisting Thomas Owen to put the horses to the phaeton, a week before Whit-Sunday—I saw my master go off with Thomas Owen—they did not tell me where they were going, but Ellen Evans told me, a few minutes after they started, that they were going to Plasgwyn—they came back in the evening between the two lights—I re member the Whit-Monday following—I helped to put the horses too then—Mr. Williams, Mrs. Williams, and Thomas Owen went then—I did not know where they were going then till Ellen Evans told me, about an hour afterwards, that they were gone to Plasgwyn.

REV. OWEN GETHIN WILLIAMS . I am a clergyman of the Church of England, and reside at Rhuulas. I am the brother of Mr. Thomas Wil liams—I am perpetual curate of a place four or five miles from Rhuulas—I am a magistrate for the county of Anglesea—Rhuulas is my place of residence—my brother was in the habit of visiting me now and then—it is

about a quarter of a mile from Plasgwyn, but across the fields, about half-a-mile along—he used to send his horses to Rhuulas always when he came from Plasfwyn—I recollect the Sunday before Whit-Sunday last year—it was the 7th of May—my brother Mr. Thomas Williams was at Rhuulas that day—he met me on the road as I was coming from my church—it was the Sunday before Whit-Sunday, because Mr. Panton was taken dangerously ill, and we said to ourselves, if he had come on that Sunday, we should not have had to send a purpose messenger for him on Whit-Monday, which we did—I am very certain it was the Sunday before Whit-Sunday—it was about half-past one o'clock when I met my brother—we dined that Sunday at two o'clock, my brother Mr. Thomas Williams dined along with me—I suppose he might have left Rhuulas between four and five o'clock in the after noon—Thomas Owen accompanied him that day—I saw him when my brother was going away—Thomas Owen was in the habit of driving him—when I saw him, between one and two o'clock, he was on foot along wife my wife, who was in a small foot carriage which he had bought in London—it was the first time he had seen it since its arrival in the country—I beard of Mr. Panton being taken ill on Whit-Sunday—I sent a purpose messenger on Whit-Monday morning, to fetch the prisoner and his wife—they both came to Rhuulas that Whit-Monday morning—they met the messenger on the road as they were coming.

Q. Do you know of your own knowledge whether they were at Plas gwyn on Whit-Monday? A. I can only say they sent the carriage to Rhuulas and came afterwards—I suppose it was about twelve o'clock when they came—they went off that evening—I saw Mrs. Williams afterwards at Rhuulas, I should think about a couple of days before the death of Mr. Panton—she slept at Rhuulas one night—she sent her carnage on to Rhuulas, and the servant who brought the carriage said his mistress was at Plas gwyn—I did not see her that night—I had gone to bed before she came—I saw her the next morning—she said she had seen her father and he was very poorly—I have seen the late Mr. Jones Panton's writing, but I cannot say that I have seen him write—I him no correspondence with him—I know his writing, because we were subscribers to a Dispensary for trusses, and it is necessary that two should sign the order for trusses, and he has sent his to me to be signed, and I have sent mine to him—this letter is his writing—( letter read .)

"Plasgwyn, 7 June. 1837.

MY DEAR TOM —I beg of you to give me your vote in favour of Mr. as I have given him my interest. With best regards to you both.

"Yours affectionately, JONES PANTON .

"Pray let me hear of you by return of mail to my request."

PAUL PANTON re-examined . This is my father's writing—( looking at the letter .)

REV. OWEN GETHIN WILLIAMS re-examined . After the election was over I was at Plasgwyn at the latter end of March. On my brother and Mrs. Willams's return from London, my brother came to Rhuulas to see us, and left his wife at Plasgwyn with her father—after that I and my brother went to Plasgwyn, and saw Mrs. Willams, and Mr. Panton—Mr. and Mrs. Thomas Williams. went off almost immediately I got there—we were at one time all in the room together—Mr. Panton said, after Mr. B. Panton had left the room, "I must beg of you to take care of poor Laura, if any thing should happen to Tom , he is my executor"—I have heard him on other

occasions speak in terms of affection of his daughter Laura, (Mrs. Willams—) I have heard him say, "I hope your family will provide for Laura," she has always been in delicate health—he always seemed to me to be fond of her.

Cross-examined by SIR WILLIAM FOLLETT . Q. Have you often seen them together? A. Yes, at Plasgwyn, and have seen them on a visit—I used to call at Plasgwyn, but not very often—on the Sunday before Whit-Sun day I met my brother, as we were coming from church, (which is about five miles from Rhuulas,) between one and two o'clock—it is not a quarter of a mile from my residence at Rhuulas—they were coming towards church, that is in the opposite direction to Plasgwyn—the service of my church is over at twelve o'clock or a little after—I left my church, as soon as the service was over, on horseback, and went towards Rhuulas—I met my brother and my wife—he was walking by the side of the Bath chair—that would be more than half-past twelve o'clock—I could not ride it in less than an hour, or an hour and a quarter—it would be somewhat after one o'clock—my wife is not in town, she is quite an invalid—none of my servants are in town, except a lady who was with Mrs. Williams as companion—she was with her at that time—I dined about two o'clock, and he left me after that—on the Monday afterwards Mrs. Williams, his wife, was with him—I was not examined in the Ecclesiastical Court—I have made no deposition or statement on the subject—when Mr. Panton said to me, "I must beg of you to take care of poor Laura, if any thing should happen to Tom , he is my executor," no one was present at Plasgwyn—that was the latter end of March, the first time after they returned from London—I cannot say which room it was in—I called there with my brother as he was returning from Rhuulas, to see Mrs. Wil liams, my brother's wife, who was at Plasgwyn—I went with my brother—Mrs. Thomas Williams was there—I only went to call—I might have been there half an hour—I saw Mrs. Panton and her child—(I did not see Mr. Barton Panton)—they were in the same room with Mr. Jones Panton—Mr. Thomas Williams left his wife at Plasgwyn, came to me and took me back with him to Plasgwyn—all the rest had gone out of the room, when this was said—Mrs. Barton Panton and her child had gone out of the room, and Mr. and Mrs. Williams were gone home—they did not stay five minutes after I got there—I had not had any talk with Mr. Panton about his affairs before this—my brother was not in delicate health—he said it abruptly—I said, in reply, "Certainly we shall"—he did not ask me to be his executor if any thing happened to Tom —I did not tell Mr. Panton that I was aware of the fact before, that my brother was to be his executor—I was not aware of it—that was the first time I had any intimation of it—I did not mention it to my brother until after the demise of Mr. Panton, when my brother told me he was executor the day after Mr. Panton's death, and I said, "Mr. Pan ton has told me that," that would be on the 27th of May—I attended after wards at Mr. Panton's house, and saw the wills that were there—I did not then inform any one of the fact, that my brother was executor to Mr. Pan ton's will—I knew at that time that Barton Panton was acting as executor—I did not apply to him for the purchase of fixtures of the house at Plasgwyn—Mrs. Jones Panton herself applied—she sent to me to go with her—she had sent the values there before, but only asked me to be present at her bargaining with Mr. Barton Panton—I went, and Mr. Barton Panton agreed to sell her the fixtures in the house at Plasgwyn—she did not ask me to value them—she said some things were too dear, but I did not take any responsible part at all—I cannot mention the day I went with her to

Plasgwyn—it was some time after the demise of Mr. Panton—it might be a fortnight or three weeks—I went to Plasgwyn, and saw the wills—it was on the 9th of June—it might be a week of a fortnight after that time that I and Mrs. Panton went there—I am certain it was a week—I fancy it must be a week—I cannot say positively—she said some things were too dear, I said nothing—she had the things valued—she asked me to be present to witness her purchasing the things—I was looking on—I heard bargains made—the price that was agreed to be paid was from 100 l . to 130 l ., I believe—I did not tell Mrs. Jones Panton that Mr. Barton Panton was not the executor, and had no right to sell, because my brother desired me to keep it a secret, as he had his wills in London, and he should go to London, and consult his proctor How to act—I stood by and wit nessed the bargains, but did not say a word about it—she has not paid for the fixtures, I believe—I cannot say whether she has or not—she did not pay on that occasion—I did not see my brother several times after that March when I had the conversation with the testator—I saw him on Whit-Monday and the Sunday before—on Whit-Sunday I knew Mr. Pan ton was very ill, and saw my brother on the Monday—I had no talk with him then about this conversation.

MR. ATTORNEY-GENERAL . Q. You stated your brother told you the day before Mr. Panton's death that he was the executor? A. Yes—he wanted to go to Plasgwyn to take possession of the things there—I told him not to make a commotion at all, I said "because you do not know what wills there may be after yours"—he said, "It is surprising if there are, because he has confirmed my will on the 7th of May"—I told him, "Mr. Panton has been poorly for a fortnight, and getting up every day; you do not know what wills he might have made, or what other will"—I told him he had better go to London, and get his wills, and have a proctor's opinion on them, or an advocate's opinion—he said his wills were at his banker's in London—I am quite certain this was the day after Mr. Panton's death—the conversation dropped there—I am very certain it was the day after Mr. Panton's death.

ELIZA MORRIS . I live at Rhuulas, as companion of Mrs. Gethin Williams—she is not in a fit state of health to come to London. I remember the Sunday before Whit-Sunday—I saw Mr. Thomas Williams at Rhuulas that day—before he came there, Thomas Williams, his coachman, brought his phaeton there—Mr. Williams came a short time before dinner—we dined at two o'clock—I saw Mr. and Mrs. Thomas Williams at Rhuulas, on Whit-Monday—Mr. Thomas Williams had purchased a bath chair in London—Mrs. Williams was taken out in that on the Sunday before Whit-unday—I went with it, and Mr. Thomas Williams drew it a short way, and then the servant took it—Mr. Thomas Williams had not seen it before that day, after it had arrived at Rhuulas.

Cross-examined by MR. PHILLIPS . Q. What kind of day was that in the morning? A. It rained—Mrs. Thomas Williams was not there on the Sunday—Mr. Thomas Williams came alone to Rhunlas—Mrs. Thomas Wil liams came on Whit-Monday—Mr. Panton got worse the week after the 7th—we heard it at Rhuulas—I cannot be positive what time of the day Mrs. Thomas Williams came—it might have been about one o'clock—I was told that she went across to Plasgwyn during that day to see the old gentlemen, by some of the servants—it was Thomas Owen, the coachman—I cannot exactly remember on what day he told me—it was not since this

trial began—it was very soon after Whit-Monday—I knew, from my own recollection, that Mrs. Williams was at Plasgwyn—I did hear Thomas Owen say so—I happened to hear him say so—he happened to mention it—I asked him, and he told me they were gone to Plasgwyn that morning—I had no particular reason for so doing—I asked him where the family were during the course of the Whit-Monday—I said it was shortly after Whit-Monday before, because I did not understand your question.

MR. JERVIS . Q. Did you see Thomas Owen come with the empty carriage to Rhuulas? A. Yes, and on the Monday I saw him.

JANE THOMAS . I was in the service of the late Mr. Jones Panton, for nearly nine years, down to the time of his death, as upper-house maid—I occasionally attended upon him—there was no other servant that attended upon him more than myself—he was as kind to me as a master ought to be—he has often said I should not be a loser by his death, many times—he said that about a month or three weeks before his death—I used to rub his legs every night, they swelled very much—he made use of that experssion often—on Thursday he was taken poorly, he was worse on Sunday; he had complained of a cold on Thursday, but went out that day; he was very ill on Whit-Sunday—I saw Mr. Thomas Williams at Plasgwyn a few days before that, Thursday, in the hall, going across the blue parlour—I cannot tell what day of the week it was—the blue parlour is on the ground-floor—my master received people who came to see him there—he did business there—the pen, ink, and paper, were always kept there—Mrs. Barton Panton was up in the nursery when he first came in—I saw no more of him, except going through the hall towards the blue parlour—I saw him well—I can positively swear I saw him on that occasion—I cannot exactly tell what time of the day it was—I saw Mr. Thomas Willams again at Plasgwyn before Mr. Panton died, that was on Whitsuntids Monday—I had seen him go across the hall a few days before master was taken ill—he was taken ill on the Thursday before Whit-Sunday—Mrs. Williams was along with him on Whit-Monday—I saw them both—I can not say the hour—I cannot say where they went to from Plasgwyn—they saw Mr. Panton on the Whit-Monday—I was not present—they did not go up to his bed-room, he was in the blue parlour—he did not keep his bed at all for the whole day, before he died—I saw Mrs. Williams there again—I do not recollect seeing Mr. Williams—I do not recollect seeing her there on any day before his death, but on the 24th—I have seen Mrs. Williams and Mr. Panton together often—it appeared to me that he was very fond of her—he used to go and visit Mr. and Mrs. Williams often twice a-year.

Cross-examined by MR. PHILLIPS . Q. Can you give us any notion about what time of the day it was you saw Mr. Williams at your master's house? A. I cannot say what time—Mr. Panton generally dined from a quarter to twenty minutes past five o'clock—I cannot tell whether it was before dinner or after—I beg pardon, I made a mistake—it was before my master's dinner, but I cannot say How long—I cannot say who let him in then, or on Whit-Monday—it was a few days before my master was ill on Thursday, that Mr. Thomas Williams came to Plasgwyn—that was the day I saw him going across the hall—I do not remember seeing his little chaise it the door—Mr. and Mrs. Williams came on Whit-Monday in their pony-car riage—they drove up to the door, I was told—I cannot tell what time they came, nor How long they staid, nor who let them in, nor who let them out

—I do not know where Doctors' Commons is—I was examined in London within this fortnight—Hugh Thomas, the butler, generally lets people in and out—Richard did so very seldom—I did not speak to Mr. Thomas Wil liams, as I saw him crossing the hall—he did not see me—I was crossing the best stairs—I did not hear a doable knock at the door, nor a loud knock or a ring, just before I saw him—the hall-door is sometimes shut and sometimes not—I cannot say particularly whether it was shut on Whit-Monday, when my master was ill—my master always behaved like a gen tleman to Mrs. Barton Panton—I cannot say whether he was very fond of her—I cannot say whether he was cross when he was ill, and could not bear the sight of the child—I never saw him take it on his knees—I cannot say that he was particularly fond of it—I did not give my master his medi cine—sometimes Pritchard did, sometimes Henry Brereton—I never gave any—I was not often present when medicine was given to him—he very often told me I should not be a loser by him—no one here ever heard him say so—I have been nearly nine yean in the service altogether—I lived with him about two years before he mentioned that at all—and he fre quently told me so for the last six or seven years—when I first went he was so bad as to require his legs to be rubbed—the last time he said I should not be a loser, was three weeks or a month before his death—I have never said since his death that I did not expect he would leave me a legacy.

MR. ATTORNEY GENERAL . Q. Used there to be any person present when you rubbed your master's legs? A. No, it was upon those occa sions he used to say I should not be a loser by him—at Plasgwyn the front door was sometimes open, or ajar, so that a person could come in without ringing or knocking—I was subpoenaed on the part of the prosecutor as well at the prisoner.

NOT GUILTY .

1138. The said THOMAS WILLIAMS was again indicted, with ELLEN EVANS and ANN WILLIAMS , for feloniously forging and uttering, on the 12th of July , a certain will and testament, purporting to be the will and testament of Jones Panton , deceased, with intent to defraud William Barton Panton ;—also, for forging a certain codicil to the said will, with a like intent; other counts, stating the intent to be to defraud other parties. Upon both of which no evidence was offered.

NOT GUILTY .

ADJOURNED TO MONDAY, MAY 14
