212. RICHARD NOTELY proceedingsdefend , ROBERT RICHARDSON proceedingsdefend , and LUKE HURST proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling house of Christopher Stephenson proceedingsvictim , about the hour of four in the night, on the 21st of December last, and burglariously stealing therein, two plated butter boats, value 1 s. a leather bag, value 1 s. twenty-four guineas, value 25 l. 4 s. and sixty shillings, the property of the said Christopher; one bill of exchange, value 10 l. one other bill of exchange, value 18 l. a promissory note, for 159 l. 10 s. and one other bill of exchange, value 117 l. 10 s. the said bills of exchange and promissory note being the property of the said Christopher, andthe several sums thereon unpaid to him ; against the statute.

(The case opened by Mr. Silvester.)

(The witnesses examined apart.)

Capt. CHRISTOPH. STEPHENSON sworn.

I live at No. 26, Wapping-wall ; on the morning of the 22d of December last, I thought I heard a noise below, under where we sleep, a little before five, or about five; I got up and threw the sash up, and called the watch, but no watch answered; a man was walking, and I called to him, and he told me there was one window wide open; Mrs. Stephenson got the rattle, and alarmed the neighbourhood, and we all went down and found the window broke open; it was done by force; and a very strong plate bolt that had a shoulder which went into the window for security, was wrenched off; and they had taken it away with them; we never saw it since; my desk was broke open, in which was a Dutch tobacco box, tin japan, in which was a little bag, made of the top of a woman's glove, in which was twenty-five guineas; though there were only twenty-four in the indictment, and between three and four pounds in silver; the tin box and the contents were all gone, and my pocket book with bills, which I have never recovered since; I have a memorandum of them; I have a regular bill book; there was one bill due the 2d of January, for eighteen pounds; there was another for twenty-four pounds, due the 24th; there was a note of George Morris < no role > 's, due the 10th of this month, for one hundred pounds; there was a bill for one hundred and seventeen pounds, ten shillings; that was over due; I kept it for security, and many other papers of great consequence to me; they were all taken in the pocket book, and I never found any of them since.

THOMAS COLE < no role > sworn.

I am an officer.

Look at these three men? - I know them all three well.

When did you see them before the 22d? - The 21st in the morning.

Where did you see them? - I saw Notely and Hurst at the sign of the Wheat-sheaf, at one Mr. Wishing's; between eight and nine in the morning; they were drinking purl; the next morning I had information that Mr. Stephenson's house had been robbed; the prisoners were apprehended on my information; I apprehended Notely and Hurst; I found nothing upon them.

JOHN ORANGE < no role > sworn.

I heard of this robbery; I apprehended Notely: I had a search warrant, and went to Notely's house, and in searching his house I found this chissel; I then left him, finding no property, and desired him to come to the Virginia planter, in half an hour; he came in about an hour; I took him to the prosecutor's, and there was some marks of feet on the chair; and when he came, I went with him and Mr. Elby to the prosecutor's house; when we came there, I desired Mr. Notely to put his foot on where the marks had been on the chair; accordingly he did; I held his foot, and guided it to the place where the mark had been; it seemed to me to appear to be the same foot which had been there before; I then went out of doors with Mr. Elby, and we matched the chissel, with the place where the window shutters had been broke open; I found the chissel exactly sitted the place.

Mr. Garrow, Prisoner Notely's Counsel. Did you produce your search warrant to him? - He said he could not read, nor his wife.

Did you read it to him? - Yes.

Did he oppose your searching the house? - No.

He came without being in custody? - He did.

You do not happen to be a carpenter? - No Sir.

Because you could have told me if thisis not a very common chissel? - A very common one, and very well hardened.

Mr. Knowlys, Counsel for Richardson and Hurst. That is a very hardened observation.

Mr. Garrow. There had been a good deal of force applied to this shutter? - A good deal of force; it is a slight bolt.

But what say you to the shoulder? - I do not understand you.

What sort of a mark was it on the horse hair? - There were three marks of three different people's feet on the horse hair; the print of dirty feet.

Did it occur to you to try your own feet or Mr. Forrester's whether they would fit? - No, I did not think there was any occasion to try our feet; I perceived my own foot would not fit it.

Perhaps my foot would have fitted it just as well? - Perhaps it might.

Why do you mean to swear you know the length of my foot? - No.

Did you know Peters before he was tried at Winchester? - No, Sir, I did not.

How long have you known him? - I have known him six or seven week.

WILLIAM WATTS < no role > sworn.

I am a seaman.

Do you know these three men? - I know two of them, Notely and Hurst.

Did you see any thing of them on Friday the 22d of December last? - I was going to work, and I saw the window open, and I looked in, and I saw three people in it; that was between four and five on Friday morning the 22d of December.

Whereabouts was this house? - It is just by Pelican stairs.

Do you know who lives there? - I really do not know.

Have you heard since? - No, I have not; I saw the parlour window shutters open, about two or three inches; I saw one with a dark lanthorn in his hand, and one of them called him by his name, Notely, hold the lanthorn this way that I may see.

Did you know him before? - No; I went a few doors off, and I stood, and the three people jumped out of the window; and there was a fourth man walking backwards and forwards on the other side of the way; two of these men were in the house, Notely and Hurst; I cannot tell who the third man was, for I was afraid of calling out; and I did not observe who the fourth man was; they ran down towards the waterside all four of them; I heard a piece of iron fall, and one of them stopped to pick it up.

Mr. Knowlys. What are you? - I am a seaman; I was at Greenland last year, and I had been working in a ship.

The window shutter was just open enough for you to see a dark lanthorn? - Yes.

This they left open on purpose that you might see them as they were committing a felony? - I cannot say that.

You believe they did, do not you? - I do not know.

However they had a lanthorn with them? - Yes.

Did they see you? - I do not know whether they did or no; I stood five or six doors off.

You were very much frightened at this? - Yes.

They ran away as fast as they could? - Yes.

They stooped to pick up a thing that fell down, in order to be better observed? - I cannot tell what for; I walked on about my business; I did not know it was any affair of mine.

How far was the watch box from there? - I cannot tell; I only know the place by going to work; I saw no watchmen after I went up Fox's-lane.

Then you saw one in Fox's-lane? - Not to my knowledge; I saw none at all.

Was not there a knocker to the door of this house? - I did not go back to look; I did not know that the house was robbed till some time afterwards.

Then you saw three men with a darklanthorn in a room, and they jumped out of the window? - I did not know that the house was robbed till some time afterwards, till I heard it was robbed.

Do you know a Mr. Wolfe? - No, I know no such name.

Who was it bailed you? - Mr. Fletcher.

What did he bail you for? - That I might come up here at sessions.

What occasion was there to give bail for you, that you might come here? - Because I should not lose my work.

Who is Mr. Fletcher? - A gentleman that lives in the Highway.

On the highway! what business is he? - He is a gentleman in the office.

He is a common thieftaker is not he? - I do not know what he is.

Is not he a runner to the office? - I do not know what he is.

Upon your oath, do not you know Mr. Fletcher is one of the runners to that office? - No, Sir, I do not know any such thing.

Then how came he to bail you? - Because they told him the whole of it.

When were you with Mr. Orange and Mr. Forrester? - I saw them over the way to day.

When did you see them before to day? - Yesterday, and the day before yesterday; I had not seen them before this week; I was at work.

You have seen them several times since this affair happened? - No, Sir, I have not, only since Monday.

Have you had no conversation with them? - No, never in my life; I never was before a Justice in my life.

Never about rewards? - Never have.

Mr. Garrow. Are you the man they call stuttering Bill? - I never was called by such a name in my life.

Was not you before Mr. Smith the Justice, in East Smithfield? - For a wrangle, or a quarrel.

Was not you before Mr. Smith the Justice on a charge of felony? - No, never in my life; I was there for striking a girl; I never was before any Justice for any harm.

What girl was it? - A young woman that I live with.

In short the lady that has the good fortune to be kept by you? - No, Sir, she was married to me at Liverpool; it was some day last week.

Now, upon your oath, did not Forrester and Orange bail you? - No.

Will you swear that? - Yes.

Who bailed you upon that charge? - Nobody at all.

How came you at large? - I discharged my warrant.

Was not you bound over to the session? - No.

Did not Orange and Forrester pass their words for you? - No Sir.

Who might you be at work for that morning? - I was going to look for a day's work.

The window was open two or three inches? - Yes.

So you took a peep in? - Yes.

I dare say you never saw shutters open two or three inches without looking for some of the loose things; was there a dark lanthorn? - Yes.

Was the lanthorn darkened, you know what a dark lanthorn is? - I saw light in the lanthorn, Notely had hold of it.

So you heard them call out, Notely, hold the candle more this way? - Yes.

Why they were talking loud, were they? - So loud that I could hear; the other man was right over the way, at about as far as I am now.

Did not he threaten to give you your gruel? - No, he did not threaten me; he did not speak a word to me.

He saw you peeping and loitering, and then you went about a door or two distance, and they went away; it was your young woman that gave you that black eye I suppose? - No, it was not.

How soon did you tell any body of this? - I spoke of it the next morning to three or four seamen.

I suppose you told them, I saw DickNotely, and two or three other scamps in the house? - I said, I saw three people in the house.

Are any of these young men here that you told it to? - No.

What was their names? - I do not know their names; it was as I was going to Limehouse, going to see for work.

Did not you tell them that one of them was Dick Notely < no role > ? - I suppose you want me to perjure myself.

Did not you tell them it was Dick Notely < no role > ? - No.

You kept the name mum, snug as could be; how soon did you tell it to Orange or Forrester? - Two or three days after.

Where did you meet with them? - A parcel of seamen told me that if I did not go up to the office and tell of it, I should be taken up for what I saw in the house; If I did not divulge it; then I went up to the office, and spoke directly.

Were any of these men taken up before you went? - Not that I know of; I spoke to Mr. Fletcher about it; I only knew Mr. Fletcher by sight.

When might you have seen him? - He came into several public houses where I had been drinking.

How came they to require any bail for your appearance? - That I cannot say.

What charge was there against you? - None at all that I know of.

Mr. Silvester. Was there any charge against you? - No, none at all.

Orange. Mr. Staples was the Justice, he required security for this man and Peters to appear at the sessions; there was no charge at all against this man.

Court. Was there no charge at all against this man as an accomplice? - No, my Lord, I am positive of that.

JOHN MORRIS < no role > sworn.

I live right over the way, opposite to Captain Stephenson's; he lives at Wapping-wall; that is seven or eight yards from Pelican stairs.

Now, the morning of this robbery what did you see? - I heard the noise of the rattles, and I saw three men run by.

Do you know the persons of either of them? - No, I do not.

Did you see where they came from? - No.

Court to Watts. Did you know any of these men before you saw them in the house? - I never saw them before, none of them.

What was it you heard the other man say to Notely in the house? - He said, hold the light this way.

What did he call him? - He called him Notely, hold the light this way.

You heard no more? - No.

Did he say any thing more than Notely? - No.

You did not know any of the prisoners before? - No.

Then how came you to say before the Magistrate that you knew one of the men by name to be Richard Notely < no role > ? - Because he called him Richard Notely < no role > .

Then why did not you tell me that before? - So I did.

Can you give me any reason why you did not tell that before, when I particularly questioned you; upon your oath did not you know these men before? - I never did know them.

When were you in company with them afterwards? - I saw one of them in a public house the night afterwards.

Who was that? - It was Hurst, that young man with the blue clothes; he was telling some people that they did not get above forty pounds in money.

How came you in company? - I was drinking a pint of beer with two or three seafaring young fellows.

What is their names? - They are gone to sea; I cannot rightly tell their names, no farther than seeing them on board a man of war; I did not see them join the other two; I saw four people run away together, and they ran down to the water side.

What did you do upon that? - I walked away directly.

Then did not you follow them at all? - No, I did not.

You did not go down to the water side at all? - No, Sir, I did not.

How near was you to Pelican stairs? - Within four or five doors on the other side of the way.

You saw them run to Pelican stairs? - Yes.

Did not you go down to look? - I never went to the water side.

You are quite sure of that? - Yes, I am.

Nor see what they did when they went down to Pelican stairs? - I did not see any farther than I heard them make a noise in the boat; I did not stop to listen at all; it was a noise as if they were going to push off the boat; I cannot be sure I saw them go off; there were a great many boats rowing about.

Do you know Pelican stairs? - I never was there in my life.

How far is it from Fox's-lane? - Not very far.

How far? - I cannot rightly tell; Fox's-lane comes down to the water side.

This is the street where the houses open directly down to the water side? - No, Sir, it is six or seven doors where I saw it open.

Mr. Silvester to Captain Stephenson. How far is it down to the water side from your house? - There are six houses between our house and Pelican stairs; the passage down to the water side is thirty-five yards; it is very narrow, and makes it look longer; I do not think it is so much neither; it is about the length of the breadth of this Court.

Mr. Garrow. Are not there a great many lighters at those stairs? - Commonly crowded with lighters, all from our back door to the stairs; I wish them stairs were filled up, and so do the neighbours; for there is none plies there but bad people.

RICHARD MORRIS < no role > sworn.

I live opposite Captain Stephenson.

Did you see the persons come out of the window? - No Sir, I saw them run by, but it was dark; but I could not discern to tell who they were; they stopped at Pelican-stairs as we thought.

Court. Was that after the rattle was struck? - Yes.

Court. Then that could not be the prisoner.

THOMAS PETERS < no role > sworn.

Mr. Knowlys. How long is it since you was convicted at Winchester? - Last March.

What was it for? - For house-breaking.

House-breaking! - Aye.

Why you say that bluntly, as if you gloried in it; do not you go by the name of Parrot? - No.

Have not you ever? - No.

What are you in custody for now? - For seeing them three men robbing a house.

Mr. Garrow. Do you know Mr. White of Winchester? - Very well.

What is he? - A gaoler.

Are you the man that he describes to be five feet eight inches high, as great a rogue as ever was unhanged? - There are some almost as big rogues as I am; I know the three prisoners very well; I have known Hurst some time past; I have seen the other two playing skettles at the Black-boy, in St. Catherine's; I was coming from Rotherhithe, and I landed at Pelican-stairs; Luke Hurst < no role > had got an old boat, and I saw Luke Hurst < no role > and Noteley in the boat, and they came out of the boat, and Robert Richardson < no role > was standing at the top of the stairs; I saw no one else that I could mention; I saw either four or five; I am not sure which, but I saw them three prisoners in the house; I saw them go on shore; I spoke to them on shore; then they left me and went up; they did not tell mewhere they was going to; the three prisoners went up; there was another man, but I cannot tell his name; I stood there talking to him at the stairs, for four or five minutes; so when I went along four or five doors from Pelican-stairs; I saw a window shutter open, and I looked in and saw these three people in the house; I saw them opening a mahogany cupboard in the corner directly; there was a man a head walking about; and presently I saw the whole three come out of the house; and I went home about my business; I am positive sure them are the three men.

Did you shew the house to any body after that? - Yes, the Justice sent Mr. Forrester with me, and I shewed him the house.

Did you go before the Magistrate? - Yes.

When? - The day after boxing-day.

Mr. Knowlys. You went yourself to the Magistrate? - Yes, I acquainted Forrester the officer first, and he desired me to go over to the Magistrate.

Then that was the only occasion that brought you before the Magistrate? - No, it was not.

What other occasion? - I was taken up for being disorderly.

What you had not got into the right train yet? - I do not know what you mean by the right train.

What was your being disorderly? What was your disorder? - I have no disorder upon me at present.

What was you taken up for last? - A beadle took me up; I was going down on board of my ship, and I happened to have a match, a steel, and a tinder-box, and a little tinder to strike a light; but nothing else was found about me; I was taken up about half after four.

Was it not between three and four? - I do not know whether it was or not.

You saw a cupboard they were opening? - Yes.

A mahogany cupboard? - I cannot say it was a mahogany cupboard; I knew it was a cupboard.

Did not you get into the house to see if it was a mahogany cupboard? - I shewed the officer the house; I dare say it was a mahogany cupboard; it was the colour of mahogany.

Then you saw the colour of it very plainly, which made you think it was mahogany? - It looked like it.

You saw it very plainly? - Yes, yes.

What light was there? - Am I witch, to tell what light there was in the house; I saw a light in the house, it was a lanthorn; I cannot tell what light was in the house.

How came you at large? - Because I served my time out.

What since last spring? - I came away from Woolwich last March; it will be three years this March; I was two years at Woolwich, on board the hulks; and so was them two men there as well as me.

Mr. Garrow. When was you discharged from the hulks? - Last March; I have been at work since.

I dare say you have not been idle; can you tell me any honest man you have worked for since that time? - The last ship I worked for was the Berwick store-ship, at Deptford; I was determined to take a voyage in it as cook, only for this accident.

How long was you on board the Berwick? - I was three or four weeks helping to sit her out.

What ship before? - I was on board the Pearl Frigate. (I must find ears too.) I was in her till she was fitted out about eight weeks; then I left her; I thought to better myself; so I did not sail in her.

Had you been on board any other before that? - I have not kept an almanack in my head; I first went on board a ship that was laying down at Woolwich, the Dreadnought; I carried her round to Plymouth; she was condemned; I came back in a merchantman.

So they tried you at Winchester for a burglary? - Yes.

Then you know how that sort of thing is done? - Aye, I believe, I do know.

Did you ever see any body set about to commit a burglary, and take a light, and leave a window open for people to see? - I believe you to be the best judge; you seem to know more about it than I do.

Furnish me with a little understanding? - I will as well as I can, but I do not understand housebreaking at all.

Where was you coming from when you saw these men land at Pelican-stairs? - From Rotherhithe; I had business to do in London, to go look for some prize money I had due to me, for the Monarque.

Where did you earn that? - Up the streights, if you know the place; I dare say it was about six years ago.

Who was your agent? - Mackintosh.

Where does he live? - I will tell you the name of the place, it was in Crutchedfriers.

Court. Need we go into the black history of this man's life.

Mr. Garrow. The moment the Court say that, we have done.

Is this Watt's hand writing? - I am no scholar; I cannot read.

Do you know a man of the name of Smith? - Yes, he was no bed-fellow of mine; I was in gaol with him.

Did you ever say any thing to Smith about Notely? - I never spoke a word to him about Notely; I came from the gaol this morning.

Have you never said to Smith, that you had Notely under your thumb, and that you would do his business for him? - No Sir, never in my life; I told Smith that Notely hung a man here some time back; that was all that ever I said to him; I never said I would be a witness against him.

Did not you add, but I have him now? - No Sir, I never did.

Did not you say, if he had fifty necks, you would hang him? - No, I never did, I will swear that positively, nor any thing like it, no further than Notely was evidence against Tom Burdett < no role > This name instance is in set 1535. This set is in the group(s): GarrowsClients . , and he hung him.

You knew poor Tom? - Certainly; you might know him better.

Yes, I knew him, he was an old client of mine, and you will be soon, I make no doubt; do you know Mash? - I think I know his face; I am not sure whether I ever saw him before he was committed.

JOHN MASH < no role > sworn.

I know these three men.

Speak loud and distinct and not too fast? - On Thursday night before Christmas, I fell in company with Richard Notely < no role > and Luke Carr < no role > , down in a place called St. Catherines, on the coast of Wapping.

Is that the man they call Hurst? - Yes; we fell a drinking for the course of two or three hours, at a house called the sign of the Sun; and Luke Hurst < no role > says to me, we have got a bit of a job to do, have you a mind to go with us; says I, I do not care if I do; and then we drank again and we walked on to Tower-hill; then they went and left me, and returned again; then we all went to Richard Notely < no role > 's house, in Castle-alley, Whitechapel; and there we tarried about five minutes, and Richard Notely < no role > produced two crows and a dark lanthorn; one he gave to Luke Carr < no role > , and one he kept himself, and the dark lanthorn he gave to me; from there we went to Bob Richardson < no role > 's in Brewhouse-yard; I think they said it was in Shadwell, I am not much used to the place; I never was there before to my knowledge; we knocked at the door; Bob was in bed; he let us in, we were in there, I suppose, two hours or better, as nigh as I can tell you; then Bob Richardson < no role > and Luke Carr < no role > went out together, they said they would go and see if the boat was fast; they came in again in a quarter of an hour; they said the boat had shifted to Pelican-stairs; we staid there about an hour; then we all went out to Pelican-stairs together; Luke Carr < no role > and me, Richard Notely < no role > and Bob Richardson < no role > , staid there the course of an hour; after the watchman went his rounds, we went as nigh as I can guess, about ten or twelve yards from the stairs, and Richard Notely < no role > said, this is the house we are going to; and pulled out a crow, and put it into the window-shutter; and when the watch went past we went out, Richard Notely < no role > , Luke Hurst < no role > and myself, and we returned to the place; Richard Notely < no role > put his crow to the place, and Richard Notely < no role > put his crow into the window, and he says to me, John put your crow under mine, and it will open easier; and we opened the shutter and took the bolt away, and returned to the boat again, and waited till the watchman went his rounds again; when the watchman was gone half after four, then Richard Notely, myself, and Luke Carr < no role > came up, and we went to this house again, and Notely and I went into the window, and Luke Carr < no role > stood on the outside of the window; as soon as we entered into the place, Richard Notely < no role > says, there is a desk on the left hand side, and we will open it; and he immediately put in his crow and he opened it, and he took out a red pocket-book, it had a white clasp, but I cannot tell whether it was a silver one or no; and a box containing some silver; it was a kind of a longish box, about eight inches, a kind of a tin-box; from that he says, let us go backwards, and we went, and he unhooked two butter-boats, and he said, I believe these are silver, we will see whether they are or no; then we got out of the place directly, by the alarm of some rattle which we heard go off; we made our escape to the boat, Notely and I; and Luke Hurst < no role > went away some other way; he did not go with us.

What light had you to break open this place by? - We had a dark lanthorn; sometimes I had it, and sometimes Richard Notely had it; then we rowed to a place called the Horse-ferry, I do not know the place, where they pulled the boat in; and we all went on shore, myself, Richard Notely < no role > , and Bob Richardson < no role > ; then we returned to Stepney, there we parted; Bob Richardson < no role > went home to his habitation, and Richard Notely < no role > went home; we parted the money coming home under a lamp, fourteen shillings a piece; Notely took twenty-eight shillings, for Luke Hurst < no role > and himself; he said he should see him.

They got no gold? - None at all that I saw.

Who took the box out of the bureau? - I did not see.

What did you do with the pocket-book? - We have it in the Thames; I looked in it; I did not see any thing of consequence; the butter-boats, we went the next day to Mrs. Notely's, Bob Richardson < no role > brought them to her, and said they were good for nothing, and we broke them and have them away; Richardson was in the boat, and Luke Hurst < no role > was at the window on the outside.

Mr. Knowlys. You was taken up for a different burglary? - Yes, and was committed.

You have been tried? - I was tried once before, and was innocent; that was for another burglary; Holmes that was tried with me was hanged; I was admitted an evidence about last Wednesday week.

How long was it after before you discovered this burglary? - I told of this first.

Did you first reveal this burglary before last Tuesday? - Yes, I did; I said it when I was first taken; I owned it.

Mr. Garrow. I will not ask him any thing.

Court. I shall not ask you any question that will accuse yourself of course; but the truth of the answer to my questions may perhaps decide a little on your future fate; now I ask you, on your oath, whether Peters was not with you when you committed this robbery? - No, he was not.

Was Watts? - No.

Did you see them there at all? - I cannot say I did; I saw somebody there; I cannot say who it was.

Did Peters speak to you on Pelican-stairs? - I do not know that he did; I do not know Peters or Watts, either of them.

Richardson never went up from the boat?- Never, he came up to the top of Pelican-stairs, but he never came from the stairs that I knew.

There were only two of you went into the house, and Hurst stood on the outside? - He was to stay by the shutters, but whether he did, I do not know.

Did you hear any talk about the dark lanthorn, when you was in the house? - Notely said let me have it now; when he looked in the desk.

You did not call on him by his name? - I never called on him by his name in the house; I am sure of that; Hurst never was in the house.

Did Notely take any notice of any person coming to the window? - Not to my knowledge; I saw nobody looking in at the window.

What sort of a crow was it that Notely broke open the shutter with? - The crow that Notely had was a foot and a half long, his was a crow properly so called; and it was about six inches smaller than his; we had nothing but the two crows and the dark lanthorn; never a one of us had a chissel, that I am positive of.

Look at that chissel, did you ever see that before? - No, I never saw it before, nor I am sure we had it not with us.

JOHN FLETCHER < no role > sworn.

Who gave the first information at the office against any of the prisoners? - Peters was the first that I knew of.

How long after the robbery was that? - The robbery was done on the Friday morning, and I think it was on the Wednesday following, as near as I can recollect.

Nobody had been taken up before on this robbery? - Notely had been taken up upon bare suspicion of the chissel fitting; that was the day after the robbery was committed.

When did Peters give this information? - On the 27th; on the Wednesday following.

Had Notely been detained on suspicion before that time? - Yes, he was committed for further examination.

Was any thing ever found besides that chissel? - I believe not; no other circumstance had come out, only the trifling circumstance of hearing that these people were together the day before, near the spot.

The witness Peters was committed before the justice? - No, he was not, he was taken up by the beadle at night, as a suspicious person; I believe he had been before the Magistrate; I had him in my custody for two days, and since he has been in Clerkenwell; Mr. Staples committed him for want of sureties, as being a material witness in this business, as thinking he would not otherwise appear; I saw them sign these informations; Watts's is in my own hand-writing; I saw the Magistrate sign them; this is Peters's mark, and Mr. Staples's hand-writing; this is Watt's mark, and this is the Magistrate's hand-writing.

(Read.)

Middlesex to wit,

"The information of

" Thomas Peters < no role > , of Williams's-court,

"at No. 2, Mrs. Elizabeth Wilson < no role > 's,

"New Gravel-lane, Shadwell, seaman;

"taken 20th of December, 1786; who

"being on oath, says, he landed at Pelican-stairs,

"on Friday morning last,

"and saw Luke Hurst < no role > , who spoke to

"him, and was in company with two

"other men; that said Hurst and one of

"the said men went away, and left him

"talking with the other man, that he was

"with the said man some time, and left

"said man, then he saw the window of

"a house on a-jar, and a light therein;

"looked in and saw Richard Notely < no role > ,

" Luke Hurst < no role > , and Bob Richardson < no role > ; all

"of whom he well knows; that Dick

"Notely came up to the window and

"looked at this informant, and soon after

"he saw two small crows thrown out

"of the window; and soon after they

"jumped out of the window and he ran

"away for fear."

"The information of Richard Watts < no role > ,

"dated the 11th of January, 1787; who

"says, that last Friday was a week, between

"four and five, going towards" Fox's-lane, Shadwell; passing along

"Wapping-wall, he saw the window-shutter

"of a house open, about two

"inches; looked in and saw three men

"therein, and saw another walking backwards

"and forwards; on the other side of

"the way; one of them he knows to be

" Richard Notely < no role > , and saw him taking

"some things out of the cupboard, and

"put them in his right-hand coat-pocket,

"should know the other two men, and

"heard one of them say the next night,

"they did not get above forty pounds

"in cash; saw the said three men jump

"out of window, and drop some iron

"which they picked up, and went down

"to Pelican-stairs, and being joined by

"the said man, they all went away in a

"boat."

Prisoners. We leave it to our counsel, we have no witnesses.

RICHARD NOTELY < no role > , ROBERT RICHARDSON < no role > , LUKE HURST < no role > ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.