Offences: Killing > murder; Violent Theft > robbery
John Monntsieures of St. Mary le Bow was indicted for the Murder of John Hemingdale , by giving him several Wounds on the lots Side of the Head, and parting him by which he instantly died 17th of October last. He was indicted a second time upon the coroners Inquest for the same Fact. He was likewise third time indicted for assaulting the said John Hemingdale, and taking from him a perriwing value 2 s 6 s two Gold Rings,1 piece of Danise Gold,2 silver Medals, and other Goods , the 17th of November last. Ann deposed that the Prisoner having lodged with her about 4 Months ago, went away to Hallond, and upon to Return, about the 1st of October last brought to her House a young Gentleman of about 20 Years of Age which was the Deceased, to lodge with her, and he not speaking English the Prisoner bargained with her to. him 7 Week, and used to come to the Deceased, and the Deceased used often to go to him; and that on the 16th of October the Prisoner came and asked what was due to her and paid her, desired 2 proper might be called to carry away the Deceased. and give him a full pot at Drink to carry then into the strand to a Corch, going away about 4 a Clock in the Afternon, Ann Vannar deposed but the Prisoner and Deceased came to her came to her about 4 of the Clock in the Afternoon, and the Prisoner agreed with her for a Lodging for the Deceased, that they desired to have something to eat, had come Beer Seakes and eat together, that about 6 of the Clock they went away together, and the Deceased came not home to lodge that Night, no did she see him any more. That the Prisoner came were again about 8 a-Clock, asked for a Washerwoman, gave out some Linen to be washed which linen was swon to be his by the Washerwoman, and to have been wer, duty and bloody when he brought them to her, said 2 or 3 Hours and then went out again. That was by use who added that when the Prisoner was going out at 10 a-clock at night he gave him Half a Guinea desiring Silver for it that he gave him 3 nillings, that he left the Half guinna with him and went away, telling him he should not come in that Night, and that the next morning when he came in he heard him walk about the Chamber, as in a Hurry, and making a rumbling walked up and down stairs several times, and at his going out asked for more money of the Change of the Half Guinea and that about in Hour and a Half after he was sent for to the Ale house, where was one Mr. Bakr, the constable and Headle who enquired of him for his Lodger, calling him they suspected his lodger had murder'd the deceased; to which be replyed, it so, he being gone out, he doobred whether he would come home again or not. But that the Key of his Room being up in his shop, and if they pleased they should go on and see what was there, which they did, and found that he had carried away all changed of any value, that they found a Pocket-Book written in Frenchs and Dutch, got one Mr. Wave to read it, and found some Accounts relating to the Prisoner, as having served as a Couchman to the Court de Avila, and a Note of 2s Pipeles on account as having been Servant to the Count de shods, as Vakes as chambre, and that they brought away the Book, look'd the Door, hung up the Key, waiting to see if he came home again or not; that in a small time while they and some Neighbours were talking about the, one of them spyed the Prisoner coming on the other Side of the Way, that they comming to take no notice, he came into the shop with the Deceased's Came in the Head, rock the Key and went up Stairs and that the Saying small time he came down again, asking him if any Body had been in his Lodging and demanding the Pocket Book, and that while he was talking with the Prisoner one or the Gentleman gave him a Sega his Hand up to the Prisoner's Sword and secure it, which he did, and then another clapped him upon the Shoulder, and having secur'd him, told him they supported him on apprehanded him on Suspicion of a Murder, which the Prisoner reply'd. a Marthers! a Marther! What you mean by dat? Thus they told him they would him like a Gentleman a he appeared to be, and therefore would not expose him publickly till further Satisfaction was obtained, and that if he would be might go up into his Chember, which he did, and they sent away immediately for an Officer. In his Lodging were found the Deceased Beleand Wagg, the Lasser wrapper up in a Sheet of Paper, but wet and bloody. and with Several Holes in it which answered to the Wounds that were in his Head, as it appeared, when the Body was found and also a Poket Book and Lasser Case of the Deceased's in which were Two cut Paper but they also wer, which were produced in Court and to be the Deceased's by his Landlady to when he had given Snuff out of one of them the Morning before he was murdered. From thence he carried to the Round-house and being searched, there were found in his Pocket Two large silver Medals, and piece of Old which were in Court, and sworn to be the Deceased's by the Landlady and another Evidence to whom the Deceased had several times them, the Prisoner had likewise Two gold Rings which he said went his own, and was bid to put them on, One of which he could not being bear, the other he did, all being on his Finger a Gentelman asked whar was the Posies of them, answer'd itwas all, but when they were viewed had no Poesy, but one of these the Leudrs L.U.R. and the other marked with the M.V.A. the same with which the Deceased I, was marked, he had likewise found in his Pocket Sword of the same Cloth of the Deceased's that about Seven of Eight Thursday the 17th, He going toward about Hundred Yards beyond pound on the Road, found a Coat wet and bloody, but most on the inside, that he carried it house, and in One of the Pocket's he found a Ticket of the Company of signed and supporting that the Owner of the Coat had come by some misfortune, went away immediately and enquire him out, and showing him the Note and him how he came by He owned into be his Hand, adn directed him to the Prisoner's Lodging whether he went with the ulmost Hapedicron, and having taken of a two from the Coast he found, showing it to the Deceased's Landlady. immediately said it was Button beginning to her Lodger's the Deceased's Cost, and upon sight of the Cost said it was his, that thereupon Market, and enquiring farther he had very great reason to suspect the Prisoner, and procured him to be apprehended as has been before related. The dead Body not being found, several Persons went in Quest of it but could not find it, but his Hat was found in Field not very far from where the Cost was taken up. Ralph Gold deposed that he got a Creeper and crept the Food in the Field, near where the Cost was found he pull'd out the Decreased'd Hat, which has several Cuts in it, that answered to those in the Wig and Head of the Deceased,(which Hat was also produc'd in Court) that there being some Chick-weed on the Coat, she was told that there were Ponds in some farther Fields where was chickweed, that in the Third Freid be found Ponds, and near the Pond side he perceived the Ground had been trampled, and perceived Blood, followed the Track, and near the Edge of the Pond saw a great Quantity of clotted Blood, and the deceased's Sword out of the but broken, and that a Knife was there taken up by another Person, which was sworn to be the Prisoner's Knife, and which he owned to be his Knife when it was show'd him and that creeping that Pond his Creeper took hold of the Deceased's Breeches, the Body lying at the side of the Pond under some Bushes as it has been stamped in the Mud. That he had all his Cloath on but Coat, Hat and Wigg, his Pocket, turned inside out, but one in which was a knife and Fork, the Body was afterwards view'd by several that knew the Deceased and to be the Body of John Hoemg R.in the Surgeon deposed. That there were several Wounds on the temporal muscles, that they were between all to that opening the Head he found a Concustion of Blood upon the Brain, but did not think the Wounds but that he was first what Weapon He could not lay, and then suffocated in the Pond. Many of the these Curcumstances were confirmed by Vuiety of Evidence and many more too long here to relate. The prisoner being called to make Defence, denied his knowing thing of the Murther, and being asked since, about Six a-Clock, as had been proved they went out together what be use of To which he answered. They went to Halborn, adn there Parted, he going one Way, and the Deceased another. Being asked where he was the paid be all Night at the Night Cellar at appeared, they having sent to enquire, he was after Ton of the Clock till next Morning, drinking with Porten, Chairmen, and such like which did for his Diversion, but probably to divert the Horror of his Mind.) But being called upon to prove where he was from Six of the Clock all Eight he said he was at House but could not preduce the least proof of it. Being asked how he came by the Deceased's Rings,Medals,Belts, Pocket-Book, Letter-Cafe and Cane, he answer'd he had paid a Guineas for the Deceased's Passage from Holland,7 Stuling, per With for his Diet, and lent him Money at several times, and the Deceded had put all his Effects into his Hand, on that Account, Being asked how he came to have the Wig that it appeared the Deceased was murdered in, he gave no other Answer. Being asked how his Knife came by the Pond-side where the Deceased was found murdered he alleged, that the Deceased to rowed it of him. The only Evidences he celled were two foreign Women, and Van; the Sum of whole Evidences amounted only to this, That they had known that the Prisoner has sometimes used to Blood at the Nose. By that be endeavourred to account for the Bloodeness of his Shirt, neck and Sleeves, but being asked how they came to be wet and, as well as bloody, he said he let them fall. Another Evidence (a Gentleman that happened to be present when the Prisoner was in the Round-house, and who spared no Pams to trace the Matter) deposed. This be having heard the Deceased had been at Hampton-Court, went, was informed he had, and that Beron Bathmar of the one, and that he had been presented to his Majesty, who him some Guiness also, but what Number he had not learnt, so that it appear'd very probable, it was their Generosity that brought the unfortunate Gentleman to that tragical end. Thus ended the Prisoner's Tryal, for a Murther as barbarous as it was providentially discovered, and traced by Persons who had no other than and Justice, and he to opportunity, that, in Probablity, in one Hour more be might have got out of the reach of the Avengers of Blood. The Jury considering the whole Matter, without found him guilty of three Indictment. I would only beg the to this Remark. That the Prisoner away with him some Thing of the Deceased's of to small Value, as particular by the Belt and Wag, which were strong Evidences against him, and especially the Wig, which was not only a very remarkable one, but some for which no Man would have given Half a Crown, carries in it strong Indi of in Persons guilty of such barbarous Inhumanity, and that Saying of one of the, demand.