42. THOMAS MARTIN proceedingsdefend was indicted for feloniously stealing on the 8th day of November last seventeen linen towels, value 17 s. one dimity petticoat, value 5 s. the property of William Wells proceedingsvictim , Esq. one silk handkerchief, value 4 s. one silk petticoat, value 4 s. the property of John Simpson proceedingsvictim This name instance is in a workspace. ; and one linen apron, value six-pence, the property of Elizabeth Price proceedingsvictim .

KENNETH < no role > M'CLOUGH sworn.

I live with Mr. Wells, in New-street, Spring-Garden , I was in town on the 8th of November last, the family were not in town; I had been out about three-quarters of an hour, and when I returned, coming down the area steps about a quarter of an hour past one, I caught the prisoner coming out of the housekeper's room, about a foot from the door, I collared him, and asked him what he wanted, he said he wanted one Mr. Butler.

Is there such a servant in the house as Mr. Butler? - No, I am the butler. I asked him what house, he said he could not tell, only one Mr. Butler, in New-street. I shook him. There were two women in the house, the cook and the woman who keeps the house; to the housekeeper's room is backward, the kitchen is next to it backwards, the second door on the right hand. I took him into the kitchen and asked the women to see if there was any thing missing, and one of the women said, Lord there are seventeen towels gone, and the cook said, her mistress's petticoat was gone.

Gone from whence? - I cannot say where they laid, the women know. I took him into the housekeper's room, where the women went to look what was missing, and I saw he had a silk handkerchief between his coat and his waistcoat in his right hand, and I saw him drop it down, and the woman that keeps the house took it up, her name is Ann Simpson < no role > . He began to cry, and said he never touched any thing, and then he said he never would do the like again if I would let him go; so on the left hand side on the floor going into the room there were sixteen of the towels, and a woman's petticoat rolled up in an old check apron, which hung upon the back of a chair a little before; then they found a petticoat wrapped up in the seventeenth towel, which I saw pulled out from under the dresser.

The Remainder of this Trial in the next PART which will be Published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER I. PART V.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIII.

(PRICE SIX-PENCE.)

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Thomas Martin < no role > .

Court. Was you coming home, or was you fetched home? I was coming home, but as I came along, a lamp-lighter told me, he believed there was a thief gone down Mr. Wells's Area, I made what haste I could, I was rather lame, I went out of the great door, and I believe the area-gate was open; there is a partition which divides the house-keeper's room from the kitchen; the women were washing the kitchen, and with their pattens on the stone floor they made such a noise that any body might come in and not be heard.

ELIZABETH PRICE < no role > sworn.

I am cook to Mr. Wells. On the 8th of November I was at home; Mrs. Simpson had the care of the house, there were no other persons in the house but the last witness, and me, and Ann Simpson < no role > , we were washing the kitchen down after the plaisterers, about half after twelve I saw the prisoner go from the house-keeper's room, I told Mrs. Simpson there was a strange man (which was the prisoner) gone out of the house-keeper's room, this was just before M'Clough came home, I was at the pump which is backwards, drawing a pail of water, and I asked Mrs. Simpson to go and see if any thing was lost, then M'Clough came in and brought the prisoner back immediately, then I saw the towels bundled up in a checque apron of mine that hung upon a chair, I saw them the evening before.

Did the things lay in sight of any body that passed in the street? - No; I was not present when the handkerchief dropped from the prisoner.

ANN SIMPSON < no role > sworn.

I met M'Clough with the prisoner by the collar, Price called to me that there was a strange man, and I immediately went to the house-keeper's room, and I missed the towels directly, I saw them in the morning when I opened the windows at half after six, I had been in the room a great many times, and I saw them about twenty minutes before, I saw my handkerchief under the prisoner's coat, I had it in the evening, but on the morning I would not put it on, because I was about dirty work, and I chucked it upon the dresser, I saw it about twenty minutes before.

(The things produced and deposed to by the three witnesses.)

PRISONER's DEFENCE.

I was sent of an errand by a gentleman in Fashion-street, Spital-fields, to New-street, Spring-garden, to Mr. Butler's; I looked all the way on the doors, and I came to this place, and I went down thinking to see some of the servants, I knocked at the door and this gentleman came down the area steps, he took me into the room and the woman came in, and seeing the handkerchief, said, I believe he has dropped it. I have no witnesses.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .