721. JOHN WALLIS , otherwise FOX proceedingsdefend , RICHARD MARTIN proceedingsdefend , and FRANCES WARREN , otherwise BALLENGER proceedingsdefend , were indicted for burglariously and feloniously breaking and entering the dwelling house of Eleanor Baynes proceedingsvictim , widow , on the 23d of September last, at the hour of two in the night, and burglariously stealing therein four napkins, value 4 s. two diaper table cloths, value 4 s. twenty-one towels, value 10 s. five pillow biers, value 5 s. one bolster case, value 2 s. six aprons, value 20 s. one lawn apron, value 2 s. nine muslin handkerchiefs, value 12 s. eight muslin caps, value 8 s. two linen caps, value 2 s. one pair of linen mits, value 12 d. and three linen caps, value 12 d. the property of the said Eleanor; three aprons, value 10 s. three cambrick handkerchiefs, value 6 s. two muslin handkerchiefs, value 4 s. two muslin caps, value 2 s. one dimity pincushion case, value 1 s. the property of Rachael Bane proceedingsvictim , spinster , five linen shifts, value 5 s. seven linen handkerchiefs, value 7 s. four pair of cotton stockings, value 8 s. one pair of dimity pockets, value 12 d. five linen caps, value 4 s. one pair of linen mits, value 12 d. the property of Ann Straffen proceedingsvictim , spinster ; one linen apron, value 12 d. one shift, value 12 d. two muslin caps, value 2 s. the property of Elizabeth Dalby proceedingsvictim , spinster ; three pair of cotton stockings; value 6 s. three linen stocks, value 2 s. one linen neckcloth, value 2 s. the property of William Thomas proceedingsvictim ; in the same dwelling house .

WILLIAM THOMAS < no role > sworn.

I live with Mrs. Eleanor Baynes < no role > , in Church-Row, Hampstead , her house was broke open on the 23d of September last, in the morning, I was called up, the cook first found the house broke open, when I came down I found the window frame was taken out of the brickwork that comes into the pantry.

Court. Was it in the pantry? - Yes.

Was it an outside window? - No, it was withinside the house, only there is a place jets out like a dressing closet, it was in the same window.

Where did the window look to? - Into the garden.

Was there any other mark of violence that you observed? - After they got into the pantry there was a canvas at the top of the door, and that was cut, the pantry door was latched on the outside, it was opened, and the linen was taken out of the wash-house: the canvas appeared to be cut and they wrenched the latch.

That opened into the wash-house? - Yes.

Was there linen missing out of the wash-house? - Yes.

Any thing else? - Nothing else.

Was that window frame safe overnight? - I fastened it myself, I know nothing of the prisoner, some of the things are my property, I found some at Mrs. Sammys, in Coldbath Fields, and the other was stopped at Aldgate.

ELIZABETH DALBY < no role > sworn.

I am the cook in this family, I was get ting up when the clock struck four, on the 23d of September, it was dark; the first thing I did, I went into the kitchen, and stopped there the space of ten minutes, I did not apprehend there was any danger in any part of the house; when I went into the wash-house, I found the door open, and I went immediately into the pantry, and found the house had been broke into, I returned into the wash-house to see what was gone, and I found all the linen that laid there was intirely taken away, some of the property was mine, I called up my fellow servant immediately.

ANN STRAFFON < no role > sworn.

I am a servant in the house, the cook came to call me before she went down, and she came up stairs presently again, and said come get up we have had the house broke open, I lost some things, I know nothing of the prisoners.

ELIZABETH SAMMY < no role > sworn.

Where do you live? - In Coldbath Fields.

- What are you? - I keep a farm-house, my man Thomas Harwood < no role > (he was not a hired servant only a labourer) found some wet things; he saw a man with them in the field that belongs to me.

What is become of that man? - I cannot tell, he left my service the Saturday following, my man brought the things into my house before I was up, I found them in the kitchen and left them there; this was the 23d of September, about eight in the morning; after I found the linen, I had them cried, one of the bundles was in a handkerchief, the other in a blue apron.

Court. Who were the things delivered to? - To the servants that have been examined, and somebody that came in.

( Thomas Harwood < no role > called on his recognizance and did not appear.)

THOMAS BRADSHAW < no role > sworn.

I saw John Pitt < no role > leaning on a post, we went into Lord Cobham's to have a glass of liquor, and came strait home to part the milk between my wife and myself, and I heard the hue and cry of robbing; this was about half after six: I went out and did not see any of them, nor none of the men that ran after them.

Court. Do you know Harwood? - No, I do not.

Had you been with Harwood that morning? - No.

Did you meet that morning any body with any linen? - No, I did not to my knowledge.

Upon your oath? - I am upon my oath, Sir.

Did you meet any people with a parcel of linen? - No.

How came you to give the names of the prisoners? - By the people talking; one was Mr. Williams who was speaking to me, and asking me, the neighbours said, they saw Frances Warren < no role > and Fox, they said there was a man in claret coloured clothes, and then I said by the description, it is Fox.

Court. Upon your oath is this all you know of it? - It is upon my oath.

Did you see that man in claret clothes that morning? - I did not, any more than the neighbours told me.

JOHN PITT < no role > sworn.

The 23d of last month on the Tuesday morning, I got up at six o'clock to go to meet my servant coming from the Cow-house with my milk, I live in Coldbath-fields, I came as far as the Cobham's-head, and I saw the woman at the bar and three men packing up some goods in different parcels, it might be about forty or fifty yards off, I suppose I stood for the value of half an hour looking, and when she came up, says I to her, Biddy, what do you think them people have been at, she said, I suppose they have been hopping, and are packing up their goods to go into the country, so I thought no more of it, so they went down towards Bagnigge-wells, and I observed the woman went one way, and the two men, one of whom had claret coloured clothes on, went another, that is the woman, and that prisoner, I think it is him to the best of my knowledge, but he had not the same clothes on then; as I went on, somebody called out, stop that woman, she is a thief, she went on, and as she went about twenty yards further, she threw two bundles out of her arms, then she made off down Pickled-egg-walk, and the other young man went down Baker's-row, as fast as he could run, he was about ten or fifteen yards behind when she threw down the bundle, and he run as fast as he could, when he had turned the corner; this was after the people cried out, stop that woman.

Did you see Bradshaw < no role > that morning? - Yes, we could not get any liquor at first; when I first saw the woman and the three men, Bradshaw was coming across the field with his milk.

Which way did he come? - He came across the field.

Directly to you? - Yes, he came up to me to the corner of Lord Cobham's.

Where was these people when he came up? - At the corner of the Small-pox Hospital.

In your sight? - Yes.

In his sight? - In any person's sight that went by, I did not mention any thing of it to Bradshaw.

Where was Bradshaw at the time of the hue and cry, and the calling to you to stop the woman? - He was gone from me some time before then.

Was either the woman or the man in pompadour taken? - No.

How soon afterwards were they taken? - I believe it was the next day.

How was the bundles? - One in a red and white spotted handkerchief, and the other in a blue apron.

Did you pick up these bundles? - No, my Lord, Mrs. Sammys's man picked them up, I was present when he picked them up.

What did he do with them? - He took them to his master's house.

Did you go with him? - No, I did not.

Where was Bradshaw at the time the bundles were picked up? - I imagine he was round amongst his customers, he left me about a quarter of an hour.

How soon after did you see that woman and the man in claret coloured clothes? - On the Friday following, this was on the Tuesday.

Where did you see them? - In Bow-street.

Is that the same woman? - Yes.

Have you ever seen her before? - I have known her for years, she is the woman that had the goods, where she got them I do not know, the other man in the claret coloured clothes was he that is next to the woman, that is Martin.

Prisoner Wallis to Pitt. Did you see me with them? - No, I cannot say I did.

SAMUEL LAMBETH < no role > sworn.

I met Fanny Warren < no role > and a young man whose name is William Walker < no role > , as I was shutting my horse in, I met her in Coldbath-fields coming up by the wall, it was neither of these young men, this was about six, I said Fanny how do you do; soon after there was an outcry about a robbery, but I did not see her with any property on her, she came from where the property was thrown over.

Court to Pitt. Where were the bundles thrown? - Down three or four steps between two areas facing the Coldbath.

SAMUEL FOX sworn.

I was coming out of my master's house in the morning about a quarter after six, and this prisoner Frances Warren < no role > crossed the road in Coldbath-fields, there were two men at a distance, I did not observe them nor take any notice.

At what distance? - As far as from here to that corner.

Had she a bundle? - She had a bundle in a blue apron, and another in a red spotted handkerchief, I spoke to her, and asked her how she did, I have known her some years, she said she had been out about some business, and then I went to serve my neighbours with milk, and just after that these things were thrown down an area, I saw them thrown down, a fellow servant of mine, that lived along with me came in pursuit, and then she threw these things down and made off homewards; after that the things were carried to my mistress's house where I live, and when I came home again, my mistress bid me go for the cryer of the parish, and my mistress gave him half a crown and something to drink; the next morning there came two officers from Bow-street or somewhere, and they insisted on my leaving my work and going to find this woman out, if not they would commit me to gaol; I knew where she lived, and I went with them and found her directly, I saw two men, but I did not know them.

ELIAS AARON < no role > sworn.

I saw the two men prisoners, coming out of a coach, and I had a suspicion that they had stolen some goods.

How long ago? - It is three weeks or a month ago, it was on a Tuesday, and one of them went to a neighbouring house where I lived, I had a suspicion, and I followed the other man into a public house, and there were two more men sitting; I said to one of them, I wish you would go for a constable, I believe they have some stolen goods; one of the men went out and the prisoner Wallis was going out of doors, says I, stop a little till the constable comes, and he will examine what you have got; so they rushed by me, and they both got off; I had the bundle of clothes, and I was going to my Lord Mayor's with it, we took the men again in Cornhill.

Where was it that they got out of this coach? - At the corner of Duke-street.

What time of the day? - About eleven o'clock.

Were the two men that you took again the same men that rushed away from you? - Yes.

(The things produced and deposed to by Ann Straffon < no role > .)

They were wrapped up in this petticoat, they were washed and folded, and put into a basket to drain, they were not wrung out: I saw them on the Thursday following at Guildhall.

Court. What condition were they in then? - Wet.

As you left them the over night? - Yes, Sir, only very dirty.

Which had the bundle? - Martin.

MICHAEL NATHAN < no role > sworn.

As I came in I saw the prisoner Martin come out of Mr. Barew's shop, a butcher's, they said, that is one of the men that is come in the coach, and brought a bundle of wet linen, I believe it is about a month ago, I followed him, and saw he went to the King's Arms in Houndsditch, and when I came, the big one Wallis said to me, what is this Mr. Aaron? says I, he is a constable, then Wallis said, gentlemen, I hope you will let us go, for we were in great distress or else we should not have done it; directly after they rushed out of the door, they went backwards and left the bundle in the tap room, and me and Mr. Aaron took the bundle up to my Lord Mayor; I saw Wallis have the bundle under his arm in the entry; coming to the end of Grace-church-street, a gentleman that was in the coach with us, said, there go the two men, I insist on your taking them.

Court. Are you sure they are the same men? - Yes.

Where was the bundle when you first saw them after they came out of Barew's shop? - I did not see any thing of the bundle till I came to the King's Arms.

Who mentioned there being a bundle of wet linen in the coach? - There was an uproar in the street by several people.

ABRAHAM JONES < no role > sworn.

On Tuesday the 23d of September, I was crossing Duke-street into Houndsditch, I heard some persons say that Mr. Elias Aaron < no role > had stopped some things, with some thieves at the King's Arms, Houndsditch; curiosity led me to go, I saw these two men the prisoners come out of the door, and one says to the other, by God this a rum go; upon which I said to them, my lads, what is the matter, on which they said, pray Sir let us pass, we were very much distressed or should not have done it; I did not think they were the thieves, I said, my lads go about your business; when I came in door there was a bundle on the table, and Aaron had a bundle by him, he desired me to take an inventory of the things and he would have them advertized; I said the best thing I can recommend to you, is to take the goods as they are in the bag, and take them up before my Lord Mayor and have them advertized there, and going along Leadenhall-street in a coach, Aaron set forwards and I set backwards, and he says, there they are walking by themselves shall we take them, by all means says I, and we got out and took them.

NATHAN NATHAN < no role > sworn.

I was eating stakes one morning at the King's Arms, in Houndsditch, and I saw two men come in with a bundle of wet linen, and I stopped them with it, and some how they got off, they got backwards in the yard they wanted to get over the wall but they could not, and I stopped the bundle and took a coach, and in Cornhill we caught them together.

Court. Did they both come in together? - Yes, they were in for about a minute, and then the other went out again.

WILLIAM CATCHPOLE < no role > sworn.

When these two men were got to Guildhall in the afternoon, after they had been some little time in the Justice's room I enquired if any body had searched them, I immediately searched Wallis, and in his pocket between the lining and the coat I found this handkerchief which Mrs. Straffon has deposed to, I found also this kni fe in his left hand breeches pocket, I did not search the other man.

(The handkerchief deposed to by Mrs. Straffon.)

It is very much darned here, I washed it the afternoon of the burglary and put it over the small cloaths.

Court to Mrs. Sammy. In what package was this wet linen that was brought to your house by your servant? - In a blue apron like this, with a small bundle of small clothes in a red and white handkerchief.

Court to Ann Straffon < no role > . Was you at Mrs. Sammy's? - Yes, I found this parcel there which has not been opened yet, it was put in a great pan and an apron was put over it.

(The things in the bundle in the blue apron deposed to by Mrs. Straffon.)

We have found the best part of our things, I know nothing of the apron they were tied up in.

PRISONER WALLIS'S DEFENCE.

I was coming up Mutton-hill, and I went to the Duke's Head for a quartern of gin about seven o'clock in the morning, and I happened to meet Martin and he knew me and said, Wallis, how are you, says I, I do not know you, he mentioned his name, and asked me to drink; we went in and had two or three pints of beer, in the mean time there came in a man that I have known ever since I used the house, he asked me if I had any work, I told him no, he asked if I would earn a couple of shillings, and I said I would, I rather scrupled going as I had a very bad ancle then and have now, he said he would have a coach for me, and I went to the King's Arms at Hounsditch, and I was to stay till he came there, I went in, and I came to the door to see whether the man was coming, and these men came and stopped me and said the constable was coming, then I went in again and they said we might both go out, and we went as fast as we could; I have only my wife to speak for me, I was in bed with her at half after seven o'clock, my friends are a long way off, my master that I lived with is dead, he lived in St. John-street, a cornchandler.

PRISONER MARTIN'S DEFENCE.

I lodged at the Duke's Head in Mutton-hill; the corner of Great Saffron-hill, this man came in for a quartern of gin, I spoke to him and asked him how he did, he said he did not know me, we sat and drank between two and three pints of beer, and a man came in and spoke to him and asked him to do him a favour to carry a bundle to such and such a place, but I do not rightly know what the name of the place was, he agreed to go, and asked me the favour if so be I would be so good to go along with him to the place, I went with him, and the man said to him if you are lame I will have a coach for you; I got out of the coach in Duke's-place to enquire for the King's-arms, and I came to him and told him, and we both went into the King's-arms together and I called for a pint of beer, and a man came to me and said you must stop, I asked for what, he said a constable was sent for, I stopped there for about three minutes, in coming out again he said you may go about your business, and come for your property by and by, accordingly I went about my business, I said, I have no property, and in coming by the Royal Exchange there were three or four men took me into custody, I have no one to my character.

PRISONER WARREN'S DEFENCE.

On the Monday night I was at Greenwich and we staid till it was quite late and came home in a coach together, I went to bed and I never was up till about half after nine o'clock in the morning, then my landlady called upon me to go with her to Hicks's-hall after a woman that had robbed her lodgings, I never saw the things nor the place, my witnesses were all in the Baildock when I came into Court but it rained.

Warren to Pitt. Whether he was not very much in liquor and he differed in his stories diverse times, and he did not swear to me till now? - No, my Lord, I did not, I gave a proper account, for she was the woman I swore positively to before the Justice, I have no doubt of her, I have known her for years.

Court. Have you any body here to prove that he differed in his account? - Yes, these people that were here to witness for me could prove it.

JOHN WALLIS < no role > otherwise FOX, RICHARD MARTIN < no role > , FRANCES WARREN < no role > otherwise BALLENGER.

GUILTY , Death .

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