Barnaby Horne, Royal Offences > seducing from allegiance, 2nd July 1755.

Reference Number: t17550702-27
Offence: Royal Offences > seducing from allegiance
Verdict: Guilty
Punishment: Death

281 Barnaby Horne , otherwise Horan , was indicted, for that he, being a subject of Great Britain, on the 13th of August, in the 26th year of his present majesty's reign , with force and arms did procure Alexander Plunket , who being at that time a subject of our sovereign lord the king, to inlist and enter himself into the French king's service as a soldier, he being a foreign prince, without leave or licence first obtained, &c. He was charged a second time for unlawfully retaining him the said Plunket, with intent to cause him to inlist or enter himself to serve the French king. He was charged a third time, for that he did feloniously procure the said Plunket to embark on board a certain ship or vessel, with intent to be inlisted to serve the French king as a soldier . +

Alexander Plunket . I am an Irishman .

Q. What is the prisoner?

Plunket. He is an Irishman , as he told me.

Q. When did you first come acquainted with him?

Plunket. About three years ago, I came to England, and met one Feilder in Wapping, and he and I went to the prisoner's house to drink a pot of beer.

Q. Where did the prisoner live?

Plunket. He kept the Ship on Tower-hill. Feilder called for a pot of beer; the prisoner came and sat down near us, and asked me if I was his countryman? I said I was an Irishman, he said so am I too; he asked we what trade I was? I said I am a dyer; he said that was a good business here, take care of yourself, and keep-out of bad company. Feilder went away, and said now you know where to find me again if you want me: then the prisoner said he knew a young man that wanted such a young fellow as I, and he had very good business in hand.

Q. Did you ask him who that person was?

Plunket. I did, and he said it was himself; then he said, how would you like to go a smuggling? I said that is dangerous business; he said no not at all, it is not to bring things here, but to go with things that are to be sold in another country. I said it is a dangerous business, and I had no money to go on with it; he said he had money, and I might be back again in eight or nine days time; and he would give me what I demanded; if I did not like it I might do as I pleased. Upon that I consented to go with him; saying, if I shall be back in that short time I will go along with you. After that he said, you seem to be melancholy, are you sick? I said no; said he, may-be you have no money, and flung down 5 s. I said I had enough for my business at present; he said put it in your pocket, that will do you no hurt. The next morning he and I went on board a Gravesend boat to Green-hithe, there we staid drinking together best part of the night.

The Second Part of these Proceedings will be published in a few Days.

Old Bailey Proceedings front matter, 2nd July 1755.

Reference Number: t17550702-27

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 2d, Thursday the 3d, Friday the 4th, and Saturday the 5th of JULY.

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER VI. PART II. for the YEAR 1755. Being the Sixth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. COOPER at the Globe, in Pater-noster Row. 1755.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

Q. WAS there any body with you?

Plunket. No.

Q. Who paid the reckoning there?

Plunket. He did, I paid nine-pence for the boat; he would not let me pay for any thing else. We set out a little before nine in the morning, and walked to a house, the sign of the George, on this side Canterbury that night.

Q. Who paid the expences that night?

Plunket. I paid nothing.

Q. Did the people ask you for any thing?

Plunket. No, they did not. When we were just going into Canterbury, he told me I had best not to walk with him, fearing we should be taken up. I said why so? He said it was a very exact place; so then he walked on before me, and I after in sight of him. When we got out of the town, I got up to him again; then we went to Dover, to the sign of the city of Calais, and lay there that night.

Q. Who paid the expences there?

Plunket. He did. When we were there, the captain of the ship came in and said, if there was any passengers to go over the water, he came to let them know he would sail the first fair wind in the morning. The prisoner desired me to go on board to get a good place, and said he would be on board a little after me, which he did with some other passengers. We had a fine gale, and about three hours passage were in Calais. We went to a public-house; he desired me to call for any thing I liked, and said he would soon be in again; saying he wanted to speak with a man in another room.

Q. Did he come soon to you?

Plunket. No, he did not come till after dinner. As soon as dinner was over, there came an English woman from that room, and said to me, my lad, are you the man that came with that gentleman that I dined with in the parlour? I said I am; she said could not you get bread at home? I said I shall be at home again in two or three days; said she, I do not think that; I said why not? she said you are sold, take care of yourself. Upon that I went into the room, and called the prisoner, and said I have something to say to you; take care, you are going to play some roguish trick with me; I came here to behave with honour, do not serve me so, I hear you are going to sell me: he bid me content myself, there was no such thing; he bid me go back to my seat and call for any thing I wanted.

Q. Was he alone in that room?

Plunket. No, there was one Capt. Fitzpatrick that belonged to general Ruth's regiment, an Irish brigade. After that he came and called me in; I went, and the captain said, your servant Mr. Plunket, how do you do? pretty well sir said I, I thank you; he said you will stay here now and serve in the capacity of a soldier among your countrymen; I said I would never be a soldier at all, but if I am, I will never be one here; he said you had better be one here, for you will have shoes, stockings, shirts, and every thing, and have nothing to pay.

Q. Was the prisoner by at the time?

Plunket. He was, I told him I would be no soldier; said he, this gentleman (meaning the prisoner) has brought you in order to be a soldier; I asked the prisoner if it was so or not? the prisoner said, my lad, it is, I brought you on that footing here to serve, and you are inlisted in Capt. Fitzpatrick's company in general Ruth's regiment, and you will be used well, and he is one of the best captains in France. I said I will be no soldier at all; then he said you know very well that I gave you 5 s. in order to inlist you for

the French service, and paid your expences at Dover, and paid your passage besides. I said, do not leave me here, but bring me home to my own country again; he said I cannot do that, for you are inlisted in that gentleman's company, and serve you must; I said I will give you what money I have, which was 6 or 7 s. and the rest of the expences you have been at, when we get home, and still said I would not serve at all. Then the captain came and spoke very rough to me, and said, my lad, I paid a deal of money for you, and serve you must.

Q. Who did he say he paid the money to?

Plunket. He said he paid it to the prisoner; he said I must serve him six years one way or the other, either in a dungeon, where I must see neither sun, or moon, or stars, and live on bread and water, or otherwise serve in the regiment, and live like other people in a handsome way, and be taken care of. I seeing I could not help myself, told him I would serve in the regiment; then I was sent to the regiment at Dunkirk.

Q. How was you sent?

Plunket. There was a serjeant there, and I went along with him.

Q. How long did you serve in that regiment?

Plunket. I staid there till the 11th of last April, then I deserted, and went to Ostend to the British consul there, and told him my case, and he sent me to Dover on board the packet.

Q. How long did you serve there in the whole?

Plunket. I should have been three years there if I had staid till the 10th of next August; when I came to Dover the people came about me, they were a press-gang, and said I should go on board a ship; I said I wanted to see the mayor, the mayor was sent for, and I told him my case as I have here; he had business, and said he would speak with me another time; and after he was gone I was sent on board a ship, and kept there thirty three days, till I was sent for by the government, then I came up to London in a tender, under the care of a lieutenant, and he delivered me at Sir Thomas Robinson's office; there I was examined, and then sent to the house of a messenger, and have been there ever since.

Q. Did you tell the same there as you have now?

Plunket. I did.

Q. What is become of Feilder?

Plunket. I have inquired after him, and all the account I can get about him is, that he is gone to France as I did.

Q. from prisoner. Look in my face, and see whether you ever saw me before?

Plunket. I have, I am sure this is the man that keeps the house on Tower-hill, and took me to France.

Cross examination.

Q. Where was you born?

Plunket. I was born in Arthby in the county of Meath.

Q. Had you ever been in England before?

Plunket. No, this was the first time.

Q. Did any body come with you then?

Plunket. There were three or four more came when I did.

Q. Were any of them along with you at the prisoner's house?

Plunket. No, none of them.

Q. How many days had you been in London before you went to the prisoner's house?

Plunket. About ten days.

Q. Did you ever see the people that came over with you since you came over?

Plunket. No, I have not, they were labouring men, and they went to work.

Q. Why did not you go with them?

Plunket. Because I expected better?

Q. Why did you not go to work with them till you could get better?

Plunket. Because I expected soon to go to work.

Q. Did you meet any body between Winchester and Dover?

Plunket. No, no body at all.

Q. Did you meet with any of your countrymen in the packet?

Plunket. No, none at all.

Q. Did any of the people in the packet ask you your purpose in going to France?

Plunket. No, none of them did.

Q. When the prisoner gave you the crown, had he talked of entering into any foreign service?

Plunket. No, he had not.

Q. Had you any imagination yourself of entering into a foreign service when you took the crown?

Plunket. No, I had not.

Q. Then you did not take it as inlisting money?

Plunket. No, I did not, he told me he gave it as such afterwards, when in France.

Q. What was that given you for?

Plunket. He said there is a crown for you, maybe you have no money. I said I had some, he said take it and put it in your pocket.

Q. What did you expect it was for?

Plunket. I expected it was given me as a gift.

Q. Did you receive it as a gift?

Plunket. I did, he said he would not put it in his pocket any more.

Q. When did you come back to England?

Plunket. I went out of Lisle the 11th of April; but cannot tell what day of the month I came to England.

Q. How came you to Lisle?

Plunket. We were quartered there. I deserted from thence.

Q. How long was you going to Ostend?

Plunket. I got there in about four days, and the very day I came there, the consul sent me on board for England.

Q. Was not you in England about a twelve-month ago?

Plunket. No, I was not.

Q. Was you never in England from the time you gave an account of going to France, till the time you say you came from Ostend?

Plunket. No, I was not.

Q. Did you see the mayor of Dover?

Plunket. I did.

Q. Did he take an examination of you?

Plunket. He did.

Q. What did he order you to do?

Plunket. He said he would see me again; but when he was gone, they sent me on board a ship.

Q. Did you tell any of the press people what you was going to London about?

Plunket. I did, the constable and press-gang too.

Q. What year was it you went to the prisoner's house at the sign of the Ship?

Plunket. I went to his house August 1742.

Q. Are you sure it was the sign of the Ship?

Plunket. I am sure it was.

Counsel for the crown. Is there not much difference between wages paid to a dyer, and to a labouring man?

Plunket. Yes there is.

Q. from prisoner. Where abouts is my house on Tower-hill?

Plunket. It is within two or three doors of the corner as you go up Tower-hill. He had an old man in his house then, that served as a drawer.

Q. from prisoner. Whether it was not with intent to get clear of the press-gang that he discovered this?

Plunket. No, it was not.

Q. from prisoner. Had not you sore legs at that time?

Plunket. No, I had not, my legs never swell'd.

Prisoner's defence.

I never was in France in my life.

For the Prisoner.

Anne Philips . I want to see this man (she looks at Plunket) I know him very well

Q. Was you ever acquainted with him ?

Philips. I was in February and March was twelve-month.

Q. Where?

Philips. In Ratcliff highway at my own room.

Q. Do you keep a public-house?

Philips. No, I do not.

Q. Have you seen him often ?

Philips. I have seen him part of February and part of March was twelve-months once a day, but I cannot say what days; I will not say every day, but I saw him frequently.

Q. Did you see him after that?

Philips. I met him since in Stepney fields once, and when I saw him in Hicks's-hall, I said I knew that man.

Q. How came you to know him?

Philips. I had been in Soho-square about moving an R. I went the back way home, and met with Mrs. Horan, and went with her to Hicks's-hall, and said Lord I know that man.

Q. What was the occasion of your seeing him often?

Philips. Mrs. Macdaniel lay along with me; she brought him home to my room with her one night at about eight or nine o'clock, he had been used to come to see her every day.

Q. Are you sure this is the man?

Philips. Upon my word he is the man.

Court. You are upon your oath

Philips. Then upon my oath and all.

Cross examination.

Q. Where do you live?

Philips. I live next door to the Hercules-club in Ratcliff highway.

Q. Which way was it that the prisoner came to know you was acquainted with Plunket?

Philips. As I was coming back from Soho-square, I met with Mrs. Horan, the prisoner's wife. I said how does yours go on? she went to Hicks's-hall, there I saw Plunket, and said Lord, that is Macdaniel's friend that used to come to my house.

Q. Are you sure he used to come to your room ?

Philips. Yes, I am.

Q. What day did you see him at Hicks's hall.

Philips. It was on the Wednesday.

Q. When had you seen him last before that?

Philips. I had not seen him before, since the latter end of April was a twelve-month, when I met him in Stepney-fields.

Q. Was it not in last April?

Philips. No, it was not.

Q. from prisoner's council. What is Mrs. Macdaniel ?

Philips. She is a child's coat-maker.

Q. Where is she?

Philips. She is here in court, she was subpaena'd.

Q. What business do you follow?

Philips. Why I follow to get bread if I can. I lost my husband in his majesty's service.

Q. To get bread if you can, by what employment?

Philips. I work with my needle; I quilt; I make-leather pockets, and so.

Q. What business was Plunket in?

Philips. I cannot tell what business; he used to tell us he was one time going to sea, one time a dyer, and one time one thing, and one time another.

Council. If you was so intimate with him, that acquaintance could not be kept up by an idle man.

Philips. I cannot tell what business he followed, he used to tell me he was going on board a ship; sometimes I have given him a breakfast, sometimes a dinner, in regard to his name, because I know a great many of that name. I have no reason to come here for Mr. Horan, for I never changed a halfpenny with him, or earned a halfpenny of him.

Q. Was Plunket ever with you alone?

Philips. Sometimes he was, and sometimes with Mrs. Macdaniel.

Q. What alone?

Philips. No, she is no woman of that kind.

Q. Who has been there when he has dined and breakfasted with you?

Philips. Sometimes Mrs. Macdaniel, and sometimes my landlady.

Q. What is your landlady's name?

Philips . Her name is Lewis, William Lewis 's wife.

Q. What brought Mrs. Horan to Hicks's-hall?

Philips. I do not know.

Q. Did she ask you to look at that man?

Philips. No; she did not.

Q. Had you no talk about him ?

Philips. No; we had not a word about him. I then knew nothing of this, no more than a child.

Q. Where does Mrs. Lewis live now?

Philips. She now lives next door to the Hercules's-club.

Q. to Plunket. Look at this witness; do you know her?

Plunket. I don't know her at all. There is a man that was in the regiment in France with me; he lives at the King's-head in Finch-lane.

Q. What is his name?

Plunket. His name is Locklen Bourne.

A messenger is sent for him.

Margaret Macdaniel . I knew Plunket on the first of February was twelve-months. I came acquainted with him by a young man, one Mackey.

Q. Did you ever see him before that time?

Macdaniel. No; I never did.

Q. How came you acquainted with him by Mackey.

Macdaniel. Mackey and he were acquainted together. Mackey was my sweetheart.

Q. Look upon him; are you sure this is the same man?

Macdaniel. I am positive this is him.

Q. How long was you acquainted with him?

Macdaniel. I was acquainted with him from the first of February, till March last was twelve-months.

Q. Where do you live?

Macdaniel. I live in Ratcliff highway, next door to the Hercules's-club.

Q. Where does this woman, that was examin'd before you, live?

Macdaniel. She lives in the same house with me.

Q. What is your business?

Macdaniel. I am a child's coat-maker.

Q. Did you ever hear what business Plunket is of?

Macdaniel. He several times said he was a dyer. Mackey desired him to go to sea, but the press breaking out, they both absconded upon that account. I met him once, and drank with him in Broad-street, and left him drinking there, till I went in at Mr. Williams's, and brought out my money.

Q. Are there any people here that know you?

Macdaniel. There are a great many that do.

Cross-examination.

Q. When was this press you speak of?

Macdaniel. Last February was twelve-months.

Court. Take care; is that true?

Macdaniel. It was pretty hot; Mackey was forced to leave his ship, and walk by land.

Q. to Plunket. Was you ever acquainted with a person named Mackey?

Plunket. No; I never was.

Q. Do you know this woman?

Plunket. I never saw her in my life before, to my knowledge; I have a witness coming, that will prove I was in the regiment last Christmas.

Q. Who did you tell this story to, that you knew Plunket ?

Macdaniel. Mrs. Philips said your old acquaintance has swore against Mr. Horan, he that used to come with Mr. Mackey.

Court. Does any body in this court remember whether there was a press in February was twelve-months?

James Cadwould (a voluntary witness.) I am an agent in the navy; I believe there was a press much about February was twelve-months. There were about 900 or 1000 men impressed in one night, to man, I think, three of the king's ships that were sent to the Indies.

John Merryman . The prisoner keeps a public-house within one hundred yards where I live, the sign of the Ship.

Q. What is your business?

Merryman. I deal in wine and brandy. I always found him an honest man in all his dealings. I generally saw him once or twice a day, till he was confined.

Q. Did you ever hear of his being in France, or out of the nation.

Merryman. No, I never did; his character is very good.

Q. Did you know him three years ago?

Merryman. I did.

Q. Did you ever miss him about that time?

Merryman. No: I did not.

Council for the crown. Might he have been in France, and you not miss him?

Merryman. He might, for what I know.

Q. How long have you known him?

Merryman. I have known him 7 years, I frequently call'd at his house to see if any thing was wanting. He was my customer before he was taken up.

Q. Did he, 3 years ago, keep the Ship or the Dublin-castle ?

Merryman. I can't tell; but, to the best of my knowledge, he kept the Dublin-castle.

Council for the crown. Do you think, if he had gone to France on such an errand as he is charg'd withal, would he have told you of it?

Merryman. I do not know that.

Mr. Willis. I am an out-door clerk to Mrs. Parsons. I have known the prisoner about two years; he buys beer of Mrs. Parsons; I never heard any thing to his prejudice; he bears a fair character at our house. I look upon him to be an honest man, to the best of my knowledge.

James Duffey . I have known him 8 or 9 years. I live within hundred yards of him.

Q. What is his general character ?

James Duffey . His character was always good; I never heard any thing to the contrary.

Q. Did you know him about 3 years ago?

James Duffey . I did.

Q. Had you used to see him frequently there?

James Duffey . I saw him there every day in my life.

Q. Did you ever miss him for a day or two together ?

James Duffey . I never missed him for 24 hours together this 7 years; and I believe, if ever he went to France in this 7 years, he must go there and back again in 24 hours. I could not miss seeing him every day, because I live in the same street.

Cross-examination.

Council. Then no person in your street can be absent, but you know of it?

James Duffey . There are some people in our street that I do not know.

Q. What is your business ?

James Duffey . I am a tobacconist.

Q. Does the prisoner and you trade ?

James Duffey . No; I never traded with him.

Q. Have you not been 24 hours out of London these 7 years?

James Duffey . No; I have not.

Q. Was you never one night out of your own house within these 7 years?

James Duffey . No; I never was.

Q. Where is your house?

James Duffey . It is in London.

Q. Was not you in this place upon some misfortune?

James Duffey . No; I never was; that was another person.*

* See Winton's evidence in the trial of Benjamin Perry , for stealing tobacco, No 152. in this mayoralty.

Q. Did you ever know the prisoner in Ireland ?

James Duffey , No; I never did.

Q. Where do you think the prisoner was born?

Duffey. I do not know, but that he was born in France.

Q. Have you not heard him say, he was born in Ireland ?

Duffey. I am sure he is an Irishman.

James Lacy . I have known the prisoner better then seven years.

Q. Do you live near the prisoner?

Lacy. I live hardly 200 yards from him; I live at the upper end of Rosemary-lane.

Q. What is the prisoner's general character?

Lacy. He is an honest man; I never heard otherwise I have reason to think so, I have had many dealings with him.

Cross-examination.

Council. You did not know of his going to France, I dare say?

Lacy. I do not; he is one of the last I should suspect of doing as he is charged.

Q. Did you ever miss him 24 hours?

Lacy. I never made it my business to inquire; but if he had dealt in this way, I should have heard of it some way or other; I see him now and then, may-be two or three times a week.

Q. What is your business?

Lacy. I am a taylor.

Q. Do you make his cloaths?

Lacy. I do not know that I made him cloaths for his own wear in my life?

Q. Did you ever make any for any of his recruits ?

Lacy. No, I don't think I did; he entertain'd sailors, and when they came home from sea, he brought them frequently to my house, and passed his word for them, till they took their money in Broad-street, or else-where.

George Fowler . I live in Cornhill, London; I have known the prisoner very near eight years, I am his landlord.

Q. What is his general character ?

Fowler. I always took him to be a man of a good character, he always paid me very well; I believe the time the young man has said he lived at the Ship, he liv'd at my house, the Dublin-castle; I believe it was a mistake.

Q. Did he never keep the Ship?

Fowler. He did.

Q. Can you say upon your oath, he did not keep the Ship three years ago?

Fowler. I cannot be exact; I believe it may be above two years ago, that he went from the Dublin castle, to the Ship.

James Martin . I believe I have known the prisoner five or six years; I am a brewer in Old Gravel-lane, I never conceived any thing of him, but that of an industrious honest man.

Q. Did you serve him with liquor?

Martin. I have not for some years.

William Walker . I live in East-smithfield, and have known the prisoner six years; I always took him to be an honest man, he always paid me one time or another.

Q. What is your business ?

Walker. I am a baker, he has dealt with me for many pound.

Q. Where did he live three years ago?

Walker. I cannot take upon me to say that.

Moses Snow . I have known him I believe three years, I am his deputy landlord; I receive the rents for the gentleman who owns the Ship.

Q. How long has he lived at the Ship, this last time of coming to it?

Snow. I believe he has two years and a half or better ago.

Q. What is his character?

Snow. he always paid his rent very well.

Prisoner. Please to call the messenger's brother to my character; his name is Thomas Ward.

Thomas Ward . I am the messenger's brother, where the prisoner was; he has behaved extreamly well, and never offered to make out of the house.

Q. Had you the care of the house?

Ward. When my brother was out in waiting, I took care of it; since he was confined, I went about in the neighbourhood to inquire his character; I never heard a bad word of him.

Q. Might he have made his escape?

Ward. He might when we were taking in bread, or butchers meat, or such like.

Q. Did any body desire you to go about the neighbourhood, to ask his character ?

Ward. No, nobody did; it was my own opinion.

Q. Did any body desire you to come here ?

Ward. No; I had a mind to hear the trial.

Q. Was you not subpoena'd ?

Ward. No.

For the crown.

Lovel Stanbuse, Esq. On the 23d of May last, Plunket was brought to me in my office, sent by the officers of the navy, from Deal or Dover. I delivered him into the custody of a messenger, on the 23d of May last; I took his examination

at the secretary of state's office, which agrees in every circumstance in what he has now said. I asked him how he came in that condition, he was in a very dirty condition, he said he had been pressed on his coming to England, and they all laid together; he had a pair of coarse stockings and breeches on, which he said was his French regimentals; he was in a very shabby condition, his waistcote was a short one, worn very much.

Q. What colour?

L. Stanhope, Esq; I think it was blew; the stockings looked like our foot soldier stockings, but I am not a judge of regimentals.

Cross-examination.

Q. Might not the stockings be of our soldiers stockings?

L. Stanhope, Esq; They might for what I know.

John Shepherd . I am a messenger; when the prisoner was in custody; the messenger that had the care of him, and I, agreed that Plunket, whom I had in my care, should be in a house, and he was to walk by with the prisoner with him, to see if Plunket knew him. I went with Plunket to a house at Hide-park-corner; the messenger and prisoner came walking together; the messenger and he were to make a halt there, which they did. I said to Plunket, look over your shoulder, and be certain. He went to the man with tears in his eyes, and said, that is the villain that betray'd me, and sold me abroad.

Q. Who was the messenger that had the prisoner in custody?

Shepherd Mr. Ward was.

Q. Had you ever seen Horan before?

Shepherd. No, I never did.

Cross-examination.

Q. Did you tell Plunket, that was Horan?

Shepherd. I did not.

Q. Did you say that man coming along is Horan?

Shepherd. No, I did not.

Q. Did Plunket know Ward?

Shepherd. No, I do not believe he did.

Q. to Plunket. Did you ever go to the prisoner's house on Tower-hill, since you came to England.

Plunket. No, I never did.

As his lordship was summing up the evidence, Lock-line Bourne was brought into court; he is sworn.

Q. Do you know Alexander Plunket ?

Bourne. I know Plunket ( looking at him) that is he.

Q. Where did you know him?

Bourne. I remember him being in the French service; I was in the same regiment with him.

Q. Where did he join the regiment?

Bourne. He joined the regiment at Dunkirk, and went from thence to Boushin.

Q. What time did he join the regiment?

Bourne. I do not know what time of the year he came to the regiment; but I know we left Dunkirk, in November.

Q. How long had he been in the regiment before you left that place?

Bourne. He was at Dunkirk about three months; we went from thence to Boushin, in Allhallows-tide, and staid there two years, and he was with the regiment all the while.

Q. Where did you go from thence ?

Bourne. We went from thence to Lisle; but they left me sick there.

Q. When did you see the prisoner there last?

Bourne. I left him at Lisle, last Allhallows-stide, with the regiment; I was glad to get home.

Q. Was he never in England, from the time he joined the regiment, till you left it last in Allhallows-tide ?

Bourne. No, he was not.

Q. In whose regiment was he?

Bourne. He was in captain Fitzpatrick's company, in Ruth's regiment.

Q. Do you think they would let him come to England, when in their service?

Bourne. No, if they could help it; if a Man serves his time out, he can come home at six years, or three years end, according as he enters for.

Cross-examination.

Q. When did you first become acquainted with Plunket?

Bourne. I never knew him before he joined the regiment.

Q. How long might you have been in Dunkirk, after he had joined the regiment?

Bourne. I know we were there about three months after.

Q. When did you come away?

Bourne. I came away about a month before last Allhallows-tide, and left him behind me in the regiment.

Q. Have you seen him since he came away?

Bourne. I have, he came to my brother's room to me, and said he deserted.

Q. Did you desert too?

Bourne. I served four years. I did not desert, I have my discharge in town

Q. When did you first see him, since you came home?

Bourne. It was about six weeks ago.

Q. from the prisoner. Did he ever make use of my name, when he was along with you ?

Bourne. He told me he was brought there by another man, about carrying good or contraband goods, or something of that.

Q. Did he tell you what man?

Bourne. He did not.

Council for the crown. Did he say any thing of being sold ?

Bourne. He did tell me he was sold, or trepan'd.

Guilty , Death .

Old Bailey Proceedings front matter, 2nd July 1755.

Reference Number: t17550702-27

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 2d, Thursday the 3d, Friday the 4th, and Saturday the 5th of JULY.

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER VI. PART II. for the YEAR 1755. Being the Sixth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. COOPER at the Globe, in Pater-noster Row. 1755.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.


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