[Pages missing in original.]

Q. Had they the opportunity to see that you had notes besides the guinea when you took it out. - A.They had; when I put the guinea on the table, the first man took it up, and give it to the prisoner Travers.

Q. Was the landlord called for or the waiter. - A. No, I asked the first man for the guinea, he said I should have it in a minute.

Q. Did you get it again. - A. No.

Q. Did the first man say any thing when he gave it to Travers. - A. He said I should bet a guinea as well as him.

Q. Did you consent to bet at all. - A. No, I told him I could not bet, it was not my money; then I sat a little while, and got up, and I said I must go; they insisted on my paying for the porter, I pulled out the notes, and held a five pound Bedford note in my hand, and while I was returning the other notes in my pocket, the prisoner Burke snatched the five pound note out of my hand, I asked him for it, he said he would give it me directly.

Q. Did he give it you again. - A. No; then the tipsey man went out, he said he would order a crown bowl of punch; the first man and Travers went along with him, and left me and Burke together, I offered to go out, Burke said stop a minute, they will be in directly; I stopped, and then got up and said I will not stop any longer, I must go, then Burke got up and went to the door first and stopped me, he would not let me open the door; I said I will go, he went out of the door and went into Tavistock street, I followed him, I asked him for the note at the corner of Tavistock street; he put his hand in his pocket, took out a bit of paper, and said here is your five pound note, I was going to look at it, he said put it in your pocket, you fool, you will lose it; I was going to read it, then he offered to snatch it from me, I put it in my pocket rather than he should do that, I thought I had got my own note again; I followed him and asked him for the guinea, he said he would give me the guinea as soon as he got change; he went down Tavistock street, and just crossed Caroline street; at the corner of Caroline street in Charlotte street he went into a public house, he called for a pot of porter, I said I could not stop, I wanted my guinea; he said he must call for something to get change, he called for some gin, he drank it, and went out of the house the back way into Caroline Mews, I followed him to the back door, he set off running as fast as he could down Caroline Mews, I ran after him, crying out Stop thief.

Q. Did you catch him. - A. No, he ran down Great Russel street into St. Giles's, he kept all the while before me, I kept crying Stop thief, but nobody stopped him.

Q. In your way you lost him. - A. Yes.

Q. While you were pursuing him did you meet with a man of the name of Kelly. - A. Yes, he told me who the man was I was pursuing.

Q. Did you return to your mistress and give her the remainder of the notes. - A. I did.

Q. And after that Burke was taken up and Travers likewise. - A. Yes.

Q. Have you any doubt of their being the men. - A. No, I am quite sure of it.

Cross-examined by Mr. Alley.

Q. You say you went with them to a public house. - A. Yes.

Q. The drunken man and Burke tossed up for a bottle of wine. - A. Yes.

Q. And then a guinea was tossed up for. - A. Yes.

Q. It was proposed that you should toss up. - A. They asked me to bet a guinea.

Q. Do you mean to say that you did not bet a guinea. - A. Yes.

Q. This was in the back parlour, was there any landlord there. - A. No.

Q. I suppose the waiter came in and out occasionally. - A. He did, the guinea was taken out for the purpose of paying for the pot of beer.

Q. Had you nothing less than a guinea. - A. No.

Q. You say you remained sometime in the house drinking after this guinea was delivered. - A. Yes.

Q. And then you got up and said you must go away, but you wanted your guinea, but afterwards you tell us you took out a five pound note to pay for the pot of beer. - A. Yes, I wanted to go to the landlord at the bar, and tell him they had got the had got the guinea.

Q. Did you tell the waiter that came in and out of the room. - A. No, he never came in after they money.

Q. Have you never said that you gave the guinea to one of the men as a stakeholder. - A. No, I never said it, I laid the guinea on the table, the first man took it up.

Q. You know you might have called the waiter, as well as to lay it on the table; upon your oath did not you give the guinea into the hand of the man for the purpose of tossing up. - A. I did not.

Q. Had you any smaller notes than five pound notes that you were carrying with you. - A. No, none.

(The note given to Reddly by Burke was produced by Mr. Gee, and read in court.)

HUMBER BANK.

3 M 470

I promise to pay Mr. Simon Label < no role > , or Bearer, on demand, FIVE HALF-PENCE, Cash or Pills, for value.

(Signed) for CHA. JULEP.

Entered R. ELECTUAR.

SARAH NICHOLSON < no role > sworn. Examined by Mr. Gurney. I believe you are servant at the Cock public house, Tottenham-court road. - A. Yes.

Q.On the 11th of June last do you remember seeing that young lad who has been just examined, at your house. - A. Yes.

Q. What room was he in. - A. The back parlour.

Q. Was either of the prisoners in his company. - A. Both of them.

Q. I suppose you went into the room to carry liquor in. - A. Yes.

LAWRENCE KELLY < no role > sworn. Q. I believe you are clerk to Messrs. Byley and Co. brewers, St. Giles's. - A. Yes.

Q. On the afternoon of the 11th of June, did you see that lad who has been examined pursuing any body. - A. I did.

Q. What time of the day was it. - A. About four o'clock; I saw Burke pass by me, I knew him some time.

Court. Was he running or walking. - A. He was rather a running, he turned down Church street or Maynard street, St. Giles's, the young man came up just afterwards. I told him who the person was that passed me.

RICHARD LIMERICK < no role > sworn. Examined by Mr. Gurney. I am a Bow street officer. On the 20th of June I apprehended Burke over the water, by the Obelisk; when I searched Burke I found that paper on him, it is another note like the one that has been read in court. (The note produced and read in court.)

WILLIAM BLACKMAN < no role > sworn. Examined by Mr. Gurney. I apprehended Travers on the 20th in Dyot street, St. Giles's.

Burke's Defence. On my going into the Cock public house, Tottenham-court road, there were three or four people in the room, I called for a pint of porter, and sat separate from them, I did not know any of them whatever; in about ten minutes time a tipsey man came in, he said he had been to New-market; the man that was drinking with the prosecutor said he would toss up with him for a pot of porter, if he would call three out of four; they tossed, and the tipsey man lost; the tipsey man then proposed to toss for a guinea a-piece, it was agreed to, I stood up on hearing they were tossing for money, I being a sporting man, and we all bet a guinea apiece, the prosecutor put down a guinea and lost it, we all lost a guinea a-piece; then the tipsey man said he did not mind if he tossed for five pounds, we all put down five pounds a-piece, the prosecutor put his five pound note into this man's hand, he lost it; they then left the room, and the tipsey man threw down a five pound note on the table, saying, there was a five pound note, take it and drink it among you; they left the room, and the prosecutor and I were left together, I took up the five pound note, O, says the prosecutor, I must have that five pound note, I have lost my master's money, I am a going to pay a bill in the city; I took up the note called the five pound note, the said note I had in my hand the whole time; I told him I had no right to give him any of the money back, for I had been losing my money as well as him; we both went to the door, and in the street he insisted on my giving him the money back, he took the five pound note out of my hand, whether good or bad I do not know, he put the said note in his pocket; he says, now all that I want is a guinea, I told him I had no right to give him any money whatever, I wished him to give me part of the five pound note that he had got in his pocket, he replied that he would not; I then left him in the street.

Travers's Defence. I was going down Tottenham-court road, I went into the Cock public house, I saw the prosecutor and another man at the door talking; the man who was along with the prosecutor said to me, How do you do, I replied you have the advantage of me; he said he was going in to drink, he asked me if I would drink with him, I said with all my heart; I drank with them, Burke came in, a little while after that a man came in intoxicated, he said he had been to Newmarket, and had lost a great many bottles of wine, he would toss for a pot of porter with them; he tossed, he lost, they tossed again, he said he would toss with them for a guinea a-piece, Burke put down a guinea, the prosecutor put down a guinea, they asked me to hold the stakes, with that I took up the money and held it in my hand, the drunken man won every time but once; at the last toss, the prosecutor he said to me, young man let you and I go out, I said no, they tossed again, and the man that was drunk won, the young man the prosecutor got up and said, I am ruined, it is my master's money; the tipsey man went out, and said he would send them a crown bowl of punch; Burke and he went out together, in about two minutes I went out, I knew none of the parties whatever till Burke's name was mentioned, I never saw him before.

Burke called four witnesses, who gave him a good character.

Travers called one witness, who gave him a good character.

BURKE - GUILTY, aged 29.

TRAVERS - GUILTY, aged 25.

Of stealing, but not in the dwelling house.

Transported for Seven Years.

First Middlesex Jury, before Mr. Justice Heath.