588. PHOEBE TUNSTALL proceedingsdefend was indicted for that she, on the 26th of July , one piece of base coin, resembling the current coin of this realm, called a shilling, did falsely and traiterously colour with materials producing the colour of silver .

Second Count. For that she, on the same day, one round blank of base metal, of a fit size and figure to be counterfeited into good and current milled money resembling a shilling, falsely and traiterously did colour with materials producing the colour of silver.

And in two other Counts, for colouring a sixpence.(The indictment was stated by Mr. Poaley, and the case opened by Mr. Fielding).

JOHN ARMSTRONG < no role > sworn. - Examined by Mr. Fielding. On Monday the 28th of July, about twelve o'clock at noon, I went, in company with Ray, Ferris, and a woman of the name of Lack, to No. 2, Ebenezer-court, Cherry-tree-alley, in the parish of St. Luke's ; the door was open, the prisoner was sitting in the lower room feeding her child; I acquainted her that I had a warrant to search the house, and she and I, and Ray, went up into the one pair of stairs, leaving Ferris below.

Q. Did Lack make her appearance when you first went into the house? - A. Yes; but, I believe, not so soon as I did; up one pair of stairs hung this bed-gown, with this dirty appearance that it has now, (producing it ); in the chimney corner, where there was no stove, lay this piece of linen, it was then very wet, and the liquid had drained upon the hearth, it appeared to have been used with aqua-fortis, or nitre-fortis and salt; Ray then being in the room with Mrs. Tunstall, I desired him to search her person; I heard Ray say, have you any thing about you; nothing, she said; she was searched, and I saw, I think, twenty-six counterfeit shillings, and eighteen counterfeit sixpences, taken from her, they were in a bag; I was then called down by Ferris, I went down, and some counterfeit blanks, not finished, were produced to me by Ferris, which he has got; I was then called into the room over the one pair of stairs, which had a sky-light, which went out of the bed-chamber, and there I saw a bench, (producing the top of it), and a box containing other things, which Ray has got; then we brought her and the things away; we had Lack with us.

Cross-examined by Mr. Alley. Q. You did not find any thing but what you have produced? - A. No.

Q. There was no aqua-fortis found? - A. No.

Q. Neither by you or any of the other officers? - A. No.

Q. This place, where you found the gown, was in a room where Lack had access? - A. Yes; She said she and the prisoner laid together.

Q. Do you know what Lack's father is? - A. A porter.

Q. Was he ever taken up? - A. Yes, for having bad money upon him; but was discharged.

JOHN RAY < no role > sworn. - Examined by Mr. Fielding. I was with Armstrong and Ferris; we left Ferris at the bottom of the house, and I went up stairs with Armstrong; I asked Mrs. Tunstall if she had got any thing about her; she said, no, she had not; she was very willing to let me search one pocket, and then she turned her side to the wall, and said there was nothing in that pocket; I then put my hand into her pocket and pulled out this bag, containing twenty-six shillings and eighteen sixpences, (produces a paper bag); they were then in a sit state for circulation; I then went up into the two pair of stairs room, above the sleeping room, where I found this bench, and this box, containing corks, scowering-paper, and files; on the bench laid this file, and this cork, and a pair of pliers.

Q. Are those ingredients necessary to carry on this business? - A. I have not a doubt of it; these two punches I found, which correspond with the impression upon the shillings. (Produces them).

Cross-examined by Mr. Alley. Q. When you say you found every thing necessary to carry on the business, you do not mean to say that without the assistance of aqua-fortis? - A. No.

Q. Did you find any bottle of aqua-fortis? - A. No; we found a bottle that seemed to have had some in it.

RICHARD FERRIS < no role > sworn. - Examined by Mr. Fielding. I was with Armstrong and Ray: Mrs. Tunstall was sitting in the room below; I found, in a place behind where she sat, one hundred and ten blanks, of composition-metal, of the size of shillings, and one hundred and twenty of the size of sixpences, some file-dust, bran, raspings of bread, which are used for finishing, and a pair of pliers; and in the cupboard was this pot of blacking.

Q. Did you find any vial? - A. There was a vial in the cupboard, but it had nothing in it.

JANE LACK < no role > sworn. - Examined by Mr. Fielding. The prisoner at the bar was my mistress, I lived with her seven weeks; when I first went to live with her she lived in a lodging in Lamb's-buildings, near Blackfriars-bridge.

Q. Be sure you speak nothing but the truth; what was her conduct in the house? - A. After she had moved into the house, on the Thursday, she went to work in the top lost.

Q. What sort of work? - A. The round blanks that she had from the mill, with a file, a pair of pincers, a pair of nippers, corks, scowering-paper, and a pair of scissars.

Q. Did you see her frequently at work? - A. Yes; three times a week, Tuesday, Thursday, and Saturday, and always of a Saturday; on the Sunday she went to see her child at Wimbledon, and I went with her to carry the child, and she paid the coachman all in bad money.

Q. Have you and the prisoner had any quarrel? - A. Yes; she turned me out at twelve o'clock at night; I told her it would be the worst day's work she ever did; I was sent out to get some nitre-fortis, and broke the bottle over my hands, I had my hands in a terrible condition with it; I was turned out of doors on Sunday night, and I gave information the next day.

Q.(To Ray.) Did you find the things correspondent with what the girl had told you? - A. Yes.

Lack. - Cross-examined by Mr. Alley. Q. Where did you live before you came to live with the prisoner? - A. I had been six months in the hospital.

Q. You don't mean the House of Correction? - A. No, Bartholomew's Hospital.

Q. I suppose you never was in the House of Correction? - A. I was three weeks in the House of Correction, concerning having a child.

Q. Do you mean to say you have never been sent to prison for any offence in your life? - A. Never in my life.

Q. Nor before a Justice? - A. No; never but when I went to swear my child.

Q. You went occasionally to visit your father and mother? - A. Yes; when I went out of an errand.

Q. Upon the oath you have taken, did you not give this parcel to the prisoner, and beg her to keep it for you till you had an opportunity of carrying it to your father? - A. No, I did not.

Q. Your father was himself taken up? - A. Yes.

Q. How long is it since you had a sight of your father's house? - A. Seven or eight weeks since.

Q. Did you not live at your father's house immediately preceding the time of your going to the prisoner's? - A. No; I went to my sister's on the Monday, and staid till the Saturday, and then I went to live with the prisoner.

Q. The prisoner then went to Wimbledon? - A. Yes.

Q. Upon your return, did it happen to you to ask her for a new gown? - A. No.

Q. You have told us that she passed bad money to the coachman? - A. Yes.

Q. And you were honest enough, knowing it to be bad, to let her defraud the poor coachman? - A. Yes.

Q. You did not go to the Magistrate to give him information of it before you found it was high treason? - A. I never had an opportunity.

Q. You don't mean to swear that - did you never go out? - A. I went out for the stuff.

Q. Had you never been to your father's? - A. Yes; but that was at a distance from Worship-street.

Q. Upon your oath, do you not know that there is a reward of forty pounds upon the conviction of that woman for high treason? - A. I did not know it.

Q. Nor do you now know it? - A. Now you tell me I do.

Q. Not before? - A. No.

Q. Do you know Esther Granger? - A. No.

Q. Have you never said to any person that you would do for the prisoner if it was only for the reward? - A. I can safely swear I never did say any such thing.

RICHARD FRANKLIN < no role > sworn. - Examined by Mr. Fielding. I am one of the moniers of the Mint.

Q. Look at those shillings and sixpences? - A. They are all counterfeit.

Q. Are they in a state now fit for circulation? - A. Undoubtedly.

Prisoner's defence. What I had in my house Mr. Lack left with me, and told me he expected the officers to search his house, and he would fetch them away again on the Monday.

GUILTY DEATH . (Aged 35.)

Tried by the first Middlesex Jury, before Mr. Justice LE BLANC.