Simon Leise . I am servant to Mr. Wharton a Woollen-draper, in David-street, Grosvernor-square; there came a porter named Michael Jones , with this paper, (holding one in his hand,) upon the delivery of this to me, I shewed it to my master; he bid me compleat the order, which I did, and delivered to the same porter, four yards of superfine brown cloth, and five yards of fine white shalloon, the contents of the order; the porter carried the goods away, and I have had the order in my custody ever since,
Leise. We went together, Michael Jones said he knew the prisoner very well, and said there he was the person that sent him with that letter or order.
Michael Jones . I received two letters from the prisoner, at two different times, and carried them to Mr. Wharton's a Woollen-draper, and delivered them to Mr. Leise the servant, and had goods back with me, it was cloaths both times, but I can't tell the quantity, and I delivered the cloaths both times to the prisoner at the bar.
Q. Had you ever seen the prisoner before?
Jones. No, not to my knowledge; he came to me by the corner of St. James's-street, where I stand as a porter.
Q. Were these letters sealed up?
Jones. They were, and directed.
Q. Look at these letters, are these the two you carried?
Jones. I can't write nor read, so can't tell that.
Q. to Leise. Have you seen Mr. Tomlinson write ?
Leise. I have. He is shewed the first letter or order.
Q. Is this his hand writing?
Leise. I believe it is not his hand writing.
Q. How came you then to deliver the cloth according to its direction then?
Leise. On its expressing the blue cloth so particular, that he had last July, I thought it must come from him, and he might be out of the way, and his wife or somebody else might write in his name.
Q. Did the porter bring the two letters to you?
Leise. He did, I believe them to be both one man's writing, but not Mr. Tomlinson's.
Q. from prisoner. How came you to find out Michael Jones to come to give evidence here?
Leise. I made it my business to inquire for him in order to discover the fraud.
M. Jones. I don't know that any body did; the first letter the prisoner gave me he bid me tell Mr. Wharton that I came from the Magpye in Mewgate-street, and when he gave me the 2d letter, he said there was a little law suit occasioned him that he could not go himself.
Q. Where was he when he sent you ?
M. Jones. He was at the Red Horse in Bond street.
The letter, or order, read to this purport:
To Mr. Wharton, at the Wool-pack, David-street. woollen-draper, near Bartlet-Square.
Mr. Wharton, sir,
'' Please to send by the bearer four yards of superfine '' cloth as high to the colour of the pattern '' as you can, and five yards of fine white shalloon, '' as we citizens have have a mind to be in the fashion, '' and beg you will let it be something better '' than the last blue cloth as I had of you. Pray '' send the bill of the particulars, and I will call '' upon you some time next week and pay you for '' it. Please to send 2 or 3 patterns of drab fit for '' a great coat. From your humble servant '' Thomas Thomlinson , at the Magpye alehouse without '' Newgate, Newgate street, Feb. 14, 1753.''
Q. to Leise. Is this the order you received of Michael Jones?
Leise. It is, I delivered it sealed up to my master, and he directed me to look it over and deliver the goods according to order.
Q. Do you know this Mr. Tomlinson ?
John Oddey . Mr. Tomlinson lived clerk with me five years, and is a good grammarian and writes well. (He is shewn the order.) This is not his hand-writing, it is not like it, neither inditing nor writing.
I never saw this Michael Jones . or delivered any note to him. The draper's man owned in the Gatehouse he never saw me in his life. This Michael Jones has been taken up for a street robbery, and there is a bill of indictment found against him, and here are witnesses to prove it.
Although through a wicked conspiracy to destroy his evidence, a bill was found against him at Hicks's-hall for robbing a woman, the affair had taken wind, and the two evidences he called to prove the fact, both declared they knew no ill of the porter.
Guilty Death .
There were two other indictments against him for misdemeanors, of the same nature with his other offences. See No. 320. in Alderman Winterbottom's mayoralty.