<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="pageFacsimile" doc="176105060001"/>THE PROCEEDINGS ON THE King's Commission 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 6th, Thursday the 7th, and Friday the 8th of MAY.
<p>In the first Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALITY of The Right Honble Sir
<persName id="f17610506-1-person1"> Matthew Blakiston
<interp inst="f17610506-1-person1" type="surname" value="Blakiston"/>
<interp inst="f17610506-1-person1" type="given" value="Matthew"/>
<interp inst="f17610506-1-person1" type="gender" value="male"/> </persName> , Knt. LORD-MAYOR of the CITY of LONDON.</p>
<p>NUMBER V. PART I. for the YEAR 1761.</p>
<p>Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.</p>
<p>M. DCC. LXI.</p>
<p>[Price FOUR-PENCE.]</p>
<xptr type="pageFacsimile" doc="176105060002"/>THE PROCEEDINGS ON THE</p>
<p>King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.</p>
<p>BEFORE the Right Hon. Sir
<persName id="f17610506-1-person2" type="judiciaryName"> MATTHEW BLAKISTON
<interp inst="f17610506-1-person2" type="surname" value="BLAKISTON"/>
<interp inst="f17610506-1-person2" type="given" value="MATTHEW"/>
<interp inst="f17610506-1-person2" type="gender" value="male"/> </persName> , Knt. Lord Mayor of the City of London; the Hon. Sir
<persName id="f17610506-1-person3" type="judiciaryName"> Richard Adams
<interp inst="f17610506-1-person3" type="surname" value="Adams"/>
<interp inst="f17610506-1-person3" type="given" value="Richard"/>
<interp inst="f17610506-1-person3" type="gender" value="male"/> </persName> , Knt. one of the barons of the Exchequer *; Sir William Moreton, Knt. ++ Recorder;
<persName id="f17610506-1-person4" type="judiciaryName"> James Eyre
<interp inst="f17610506-1-person4" type="surname" value="Eyre"/>
<interp inst="f17610506-1-person4" type="given" value="James"/>
<interp inst="f17610506-1-person4" type="gender" value="male"/> </persName> , Esq; Deputy-Recorder~: and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.</p>
<p>N. B. The * ++ ~, direct to the Judges before whom the Prisoner was tried.</p>
<p>M. L. by which Jury.</p>
<p>London Jury.</p>
<persName id="f17610506-1-person5" type="jurorName"> George Corbould
<interp inst="f17610506-1-person5" type="surname" value="Corbould"/>
<interp inst="f17610506-1-person5" type="given" value="George"/>
<interp inst="f17610506-1-person5" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person6" type="jurorName"> Daniel Wilshire
<interp inst="f17610506-1-person6" type="surname" value="Wilshire"/>
<interp inst="f17610506-1-person6" type="given" value="Daniel"/>
<interp inst="f17610506-1-person6" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person7" type="jurorName"> John Lewis
<interp inst="f17610506-1-person7" type="surname" value="Lewis"/>
<interp inst="f17610506-1-person7" type="given" value="John"/>
<interp inst="f17610506-1-person7" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person8" type="jurorName"> Francis Pyner
<interp inst="f17610506-1-person8" type="surname" value="Pyner"/>
<interp inst="f17610506-1-person8" type="given" value="Francis"/>
<interp inst="f17610506-1-person8" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person9" type="jurorName"> Stephen Abbot
<interp inst="f17610506-1-person9" type="surname" value="Abbot"/>
<interp inst="f17610506-1-person9" type="given" value="Stephen"/>
<interp inst="f17610506-1-person9" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person10" type="jurorName"> John Seymour
<interp inst="f17610506-1-person10" type="surname" value="Seymour"/>
<interp inst="f17610506-1-person10" type="given" value="John"/>
<interp inst="f17610506-1-person10" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person11" type="jurorName"> John Robins
<interp inst="f17610506-1-person11" type="surname" value="Robins"/>
<interp inst="f17610506-1-person11" type="given" value="John"/>
<interp inst="f17610506-1-person11" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person12" type="jurorName"> William Brearclift
<interp inst="f17610506-1-person12" type="surname" value="Brearclift"/>
<interp inst="f17610506-1-person12" type="given" value="William"/>
<interp inst="f17610506-1-person12" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person13" type="jurorName"> Thomas Whitton
<interp inst="f17610506-1-person13" type="surname" value="Whitton"/>
<interp inst="f17610506-1-person13" type="given" value="Thomas"/>
<interp inst="f17610506-1-person13" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person14" type="jurorName"> Richard Davis
<interp inst="f17610506-1-person14" type="surname" value="Davis"/>
<interp inst="f17610506-1-person14" type="given" value="Richard"/>
<interp inst="f17610506-1-person14" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person15" type="jurorName"> John Cook
<interp inst="f17610506-1-person15" type="surname" value="Cook"/>
<interp inst="f17610506-1-person15" type="given" value="John"/>
<interp inst="f17610506-1-person15" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person16" type="jurorName"> William Goddard
<interp inst="f17610506-1-person16" type="surname" value="Goddard"/>
<interp inst="f17610506-1-person16" type="given" value="William"/>
<interp inst="f17610506-1-person16" type="gender" value="male"/> </persName> ,</p>
<p>Middlesex Jury.</p>
<persName id="f17610506-1-person17" type="jurorName"> James Bagnall
<interp inst="f17610506-1-person17" type="surname" value="Bagnall"/>
<interp inst="f17610506-1-person17" type="given" value="James"/>
<interp inst="f17610506-1-person17" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person18" type="jurorName"> Francis Dechamps
<interp inst="f17610506-1-person18" type="surname" value="Dechamps"/>
<interp inst="f17610506-1-person18" type="given" value="Francis"/>
<interp inst="f17610506-1-person18" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person19" type="jurorName"> William Cubbidge
<interp inst="f17610506-1-person19" type="surname" value="Cubbidge"/>
<interp inst="f17610506-1-person19" type="given" value="William"/>
<interp inst="f17610506-1-person19" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person20" type="jurorName"> Nicholas Parker
<interp inst="f17610506-1-person20" type="surname" value="Parker"/>
<interp inst="f17610506-1-person20" type="given" value="Nicholas"/>
<interp inst="f17610506-1-person20" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person21" type="jurorName"> Daniel Mason
<interp inst="f17610506-1-person21" type="surname" value="Mason"/>
<interp inst="f17610506-1-person21" type="given" value="Daniel"/>
<interp inst="f17610506-1-person21" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person22" type="jurorName"> Thomas Field
<interp inst="f17610506-1-person22" type="surname" value="Field"/>
<interp inst="f17610506-1-person22" type="given" value="Thomas"/>
<interp inst="f17610506-1-person22" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person23" type="jurorName"> George Deck
<interp inst="f17610506-1-person23" type="surname" value="Deck"/>
<interp inst="f17610506-1-person23" type="given" value="George"/>
<interp inst="f17610506-1-person23" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person24" type="jurorName"> Joseph Sutton
<interp inst="f17610506-1-person24" type="surname" value="Sutton"/>
<interp inst="f17610506-1-person24" type="given" value="Joseph"/>
<interp inst="f17610506-1-person24" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person25" type="jurorName"> William Potier
<interp inst="f17610506-1-person25" type="surname" value="Potier"/>
<interp inst="f17610506-1-person25" type="given" value="William"/>
<interp inst="f17610506-1-person25" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person26" type="jurorName"> John Gascoign
<interp inst="f17610506-1-person26" type="surname" value="Gascoign"/>
<interp inst="f17610506-1-person26" type="given" value="John"/>
<interp inst="f17610506-1-person26" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person27" type="jurorName"> James Tregent
<interp inst="f17610506-1-person27" type="surname" value="Tregent"/>
<interp inst="f17610506-1-person27" type="given" value="James"/>
<interp inst="f17610506-1-person27" type="gender" value="male"/> </persName> ,</p>
<persName id="f17610506-1-person28" type="jurorName"> John Wildsmith
<interp inst="f17610506-1-person28" type="surname" value="Wildsmith"/>
<interp inst="f17610506-1-person28" type="given" value="John"/>
<interp inst="f17610506-1-person28" type="gender" value="male"/> </persName> .</p> </div1>
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<p>155. (M.)
<persName id="t17610506-1-defend30" type="defendantName"> Samuel Glascow
<interp inst="t17610506-1-defend30" type="surname" value="Glascow"/>
<interp inst="t17610506-1-defend30" type="given" value="Samuel"/>
<interp inst="t17610506-1-defend30" type="gender" value="male"/> </persName> , was indicted for
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<interp inst="t17610506-1-off1" type="offenceSubcategory" value="animalTheft"/> stealing one bay coloured gelding, value 10 l. </rs> the property of
<persName id="t17610506-1-victim32" type="victimName"> William Hayward
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<join result="offenceVictim" targOrder="Y" targets="t17610506-1-off1 t17610506-1-victim32"/> </persName> ,
<rs id="t17610506-1-viclabel2" type="occupation">serjeant at law</rs>
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<rs id="t17610506-1-cd3" type="crimeDate">April 24</rs>
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<p>William Cludd. I am clerk to Mr. Serjeant Hayward. On the 16th of April last, my master sent his servant to Mr. Walbank's, at
<placeName id="t17610506-1-crimeloc4">Highbury-barn, Islington</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17610506-1-off1 t17610506-1-crimeloc4"/>, with two black geldings, a bay one, and a gray mare, to be put to grass. And on the 18th we found the bay one was missing.</p>
<p>Q. Are you sure the gelding was there at grass?</p>
<p>Cludd. I saw them all four there, I saw them about an hour, or an hour and half after they were turned into the field.</p>
<p>Q. What time of the day was that?</p>
<p>Cludd. I think it was between five and six in the evening.</p>
<p>Q. How came you first to know the bay gelding was missing?</p>
<p>Cludd. My master went there on the 18th, and returned and told me he was missing, and I went, and missed him also. I was out after that, on the Sunday and Monday, to look for him, but could not find him. We advertised him, and-on Sunday the 26th a person came to me at Serjeant's-Inn, to let me know where the horse was.</p>
<p>Q. What day was he advertised?</p>
<p>Cludd. On the 23d.</p>
<xptr type="pageFacsimile" doc="176105060003"/>Q. What is that man's name?</p>
<p>Cludd. His name is Ashley; he said, he was sent over by a gentleman from Barnet.</p>
<p>Q. Where did he say the gelding was?</p>
<p>Cludd. He said, he was at Potter's-Bar. I went to justice Hassel's at Barnet, on Sunday the 26th. The justice gave me an order to bring the horse to him. I went then to Potter's-Bar, and found the horse there at the sign of the Bull, he was delivered to me.</p>
<p>Q. In whose possession was the horse?</p>
<p>Cludd. In the possession of Mr. Brown, who keeps the Bull alehouse.</p>
<p>Prisoner. He mistakes, the man's name is Baker.</p>
<p>Cludd. Baker is the name.</p>
<p>Q. Did you know the horse?</p>
<p>Cludd. I am sure it is my master's property.</p>
<p>Q. How long had Mr. Serjeant had him?</p>
<p>Cludd. Ever since about Michaelmas last. I had rode him, and so had my master.</p>
<p>Q. Are there any particular marks on him, by which you know him.</p>
<p>Cludd. Yes; he has a blaze down his face, two white legs behind, white about the foot lock joint, a black mane and tail; the off leg behind had a little black scab on the heel, and a watry humour. I swore to the horse as my master's property before the justice; and then I brought him to town to my master.</p>
<p>Q. Was any body present when the horse was delivered to you?</p>
<p>Cludd. The landlord that delivered him to me, came with me to the justice, and also a baker, named Ward.</p>
<p>Q. Did you see the prisoner there?</p>
<p>Cludd. No; but I saw him in New-prison, before I went down to see the horse.</p>
<persName id="t17610506-1-person33"> James Baker
<interp inst="t17610506-1-person33" type="surname" value="Baker"/>
<interp inst="t17610506-1-person33" type="given" value="James"/>
<interp inst="t17610506-1-person33" type="gender" value="male"/> </persName> . I live at the Bull at Potter's-bar.</p>
<p>Q. Do you know the prisoner at the bar?</p>
<p>Baker. I never saw him to my knowledge before he came to my house on Friday morning was se'ennight.</p>
<p>Q. What time did he come?</p>
<p>Baker. He came about ten minutes after one in the morning.</p>
<p>Prisoner. I believe it was the 23d.</p>
<persName id="t17610506-1-person34"> Henry Ward
<interp inst="t17610506-1-person34" type="surname" value="Ward"/>
<interp inst="t17610506-1-person34" type="given" value="Henry"/>
<interp inst="t17610506-1-person34" type="gender" value="male"/> </persName> called me up, they had got a bill. I asked the prisoner what he was going to do with it; he said, he took it out of a house.</p>
<p>Q. Had they a horse?</p>
<p>Baker. Yes; he was put into my stable, under my care.</p>
<p>Q. Which of them came on horseback?</p>
<p>Baker. I do not know that. When they called me up, they were both on foot at my door, and the horse was with them</p>
<p>Q. Which had the horse in his hand?</p>
<p>Baker. I do not know that?</p>
<p>Q. How came you to put the horse into your stable?</p>
<persName id="t17610506-1-person35"> Henry Ward
<interp inst="t17610506-1-person35" type="surname" value="Ward"/>
<interp inst="t17610506-1-person35" type="given" value="Henry"/>
<interp inst="t17610506-1-person35" type="gender" value="male"/> </persName> asked me, if I had any room for a horse for his friend; I said yes. Then they came in and had four pots of beer.</p>
<p>Q. Who delivered the horse to you?</p>
<p>Baker. I think the prisoner did, and went with me to the stable with him, and he gave me directions to take care of him.</p>
<p>Q. What sort of a horse was he?</p>
<p>Baker. I think he was a chesnut coloured gelding, with a blaze down his forehead, and I believe three white feet. Ward went home, and the prisoner went to bed in my house. Ward came again about eight or nine o'clock in the morning. My wife told me, she believed the prisoner was a highwayman; and said, he had a pistol, and desired me to secure him; there was the constable in the house. We agreed to secure him, which we did about 12 o'clock. We found upon him a pistol, loaded with a marble, and some gunpowder, [Produced in court.]</p>
<p>Q. What did the prisoner say for himself?</p>
<p>Baker. He said, he had neither killed nor robbed any body, or done any body any harm.</p>
<p>Q. What became of the horse?</p>
<p>Baker. I took care of him, and kept him till the Sunday morning; then I delivered him up to Mr. Cludd, and went with him to the justice.</p>
<p>Q. What did the prisoner say about the horse?</p>
<p>Baker. I asked him no questions about him; but he said, the horse was his own right and property. That he had bought him, and gave five pounds for him; and he was going to change him away for a mare, with a man that keeps Jalybert's-lodge, on Enfield-chase. When the horse was in the stable, the prisoner called for a bowl of water, and a handful of salt, to rub the horse with; the creature had been hurt.</p>
<persName id="t17610506-1-person36"> Henry Ward
<interp inst="t17610506-1-person36" type="surname" value="Ward"/>
<interp inst="t17610506-1-person36" type="given" value="Henry"/>
<interp inst="t17610506-1-person36" type="gender" value="male"/> </persName> . I live at Potter's-bar.</p>
<p>Q. What are you?</p>
<p>Ward. I am a baker. On the 24th of April, I was at the Three-Horse-shoes on Finchley-common; the prisoner came there on horse-back.</p>
<xptr type="pageFacsimile" doc="176105060004"/>Q. What time of the night did he come there?</p>
<p>Ward. It might be about ten at night; he sat at the door, and called for a pennyworth of gin, and a pint of beer, and some ale and bread for his horse in a bowl. He asked the way to Cloney-hatch, I stepped to the door, and asked him if I should go along with him, being going to South-street. He said, if I would shew him the way to Colney-hatch, he would shew me the way to South-street. We went along together till we got to a place called Bed stile. between Colney-hatch, and South-street, a publick-house. I told him I had a brother at South-street, and I would lie there, and then I should be near my home.</p>
<p>Q. Did you walk on foot or ride?</p>
<p>Ward. I walked on foot by him. When we came to this house, he opened the door, and rode in (the door was upon the latch) the horse seeing the fire would not go far in. Then he turned out again, and alighted off his horse, and we both went in; he went and opened a cupboard, and took some bread, and gave his horse, and some bread and butter, which he put into his pocket.</p>
<p>Q. Was any body below stairs?</p>
<p>Ward. No; no-body as we could make hear.</p>
<p>Q. Where was the horse at the time?</p>
<p>Ward. He hung him at the door; then he took a bill and a snuff-box, which he found in the house.</p>
<p>Q. What do you call a bill?</p>
<p>Ward. It is to cut wood and faggot with. He put the snuff box in his pocket, and gave me the bill to hold while he got on his horse, and away he rode, and I went with him.</p>
<p>Q. Did you call aloud for the people of the house?</p>
<p>Ward. He did, very loud; but could not make any body hear. The prisoner said, he had a mother lived at South-street.</p>
<p>Q. Did he say he knew the people of that house?</p>
<p>Ward. No, he did not; but he said, he knew it to be a very bad house?</p>
<p>Q. Did he stop at that house of his own accord, or did you desire him to stop there?</p>
<p>Ward. I was before him, and he stopped at the house, and then I went back again to him. I never was at that house before in my life, I was much surprized at his going in.</p>
<p>Q. Where did you go after you left that house?</p>
<p>Ward. We went to Potter's-bar directly.</p>
<p>Q. Did you stop any where by the way?</p>
<p>Ward. No; we stopped no where.</p>
<p>Q. How came it you did not go to South-street?</p>
<p>Ward. We were there, but I did not stay there at all.</p>
<p>Q. Did you see your brother?</p>
<p>Ward. I did, but I did not stay at all; not above half a minute; I only shook hands with him, and went on.</p>
<p>Q. How far is South-street from the Three Horse-shoes on Finchley-common?</p>
<p>Ward. I believe it may be four or five miles, if not more.</p>
<p>Q. What time of the night was it you got to South-street?</p>
<p>Ward. It might be 11 or 12, or a little after.</p>
<p>Q. Was your brother up?</p>
<p>Ward. He was a baking, he is a baker; the prisoner said, he should call at the Cherry-tree; but the people were not up, so we did not call at all. He said, he had a trifle of money due to him at Hatfield, and he would go there the next day to receive it; and as I was going home to Potter's-bar, he would go along with me for company.</p>
<p>Q. Did he ride all the way?</p>
<p>Ward. He rode the horse within about a mile of Potter's-bar. Then I told him I was tired of walking, and he said I might ride if I pleased. So he got down, and I got up upon his horse, and rode to Mr Baker's house. We called Mr. Baker up, and I asked him if he could let a man and his horse lie there all night. He said, yes. The horse was led into the stable.</p>
<p>Q. Who led him there?</p>
<p>Ward. I cannot say.</p>
<p>Q. Did you lead him there?</p>
<p>Ward. No, I did not. The prisoner asked for some salt and water to bathe his horse's back withal. Then we went into the house, and had four pots of beer.</p>
<p>Q. What time of the night was it when you came there?</p>
<p>Ward. It might be about 20 minutes past one in the morning</p>
<p>Q. How long did you stay before you went home?</p>
<p>Ward. I cannot say what time, I suppose it might be above an hour: then I went home to bed to my wife, and left the prisoner and horse there.</p>
<p>Q. Was it a dark, or light might?</p>
<p>Ward. It was not a very dark night; the moon arose about 12 that night.</p>
<p>Q. What was the colour of the horse?</p>
<xptr type="pageFacsimile" doc="176105060005"/>Ward. I cannot say, I did not take notice of him.</p>
<p>Q. Did you see him the next day?</p>
<p>Ward. I did, I went there about eight or nine in the morning; the prisoner came to my house and breakfasted with me, and wanted to borrow 18 d. of me, to pay his reckoning; and I went along with him to Mr. Baker's house.</p>
<p>Q. did you lend him the 18 d.?</p>
<p>Ward. No, I did not. I told Mr. Baker, that he wanted to borrow 18 d. of me, and I had enough to do to pay my own debts, and not other peoples. I never saw the man in my life before. Then I saw Mr. Baker take the horse out of the stable, to carry him to the justice's, but I did not go along with them there.</p>
<p>Q. Who else was by?</p>
<p>Ward. A brother of mine was by.</p>
<p>Q. Can you upon your oath say, that the same horse that was delivered into the stable over-night, was the same horse that you saw taken out to go before the justice?</p>
<p>Ward. I can; I observed when his back was washed, and his heels had some little ailment; we had a candle in the stable.</p>
<p>Q. Where had you been, when you met with the prisoner at the Three Horse-shoes?</p>
<p>Ward. I had been to London on foot.</p>
<p>Q. What had been your business there?</p>
<p>Ward. I came to receive some money in London.</p>
<p>Q. Did you receive it?</p>
<p>Ward. I did.</p>
<p>Q. Any quantity?</p>
<p>Ward. Yes, a small quantity.</p>
<p>Q. What might it be?</p>
<p>Ward. It might be four or five pounds.</p>
<p>Q. Do not you know the exact sum?</p>
<p>Ward. It was five pounds four shillings.</p>
<p>Q. What time did you set out for London?</p>
<p>Ward. I sat out that morning about nine o'clock.</p>
<p>Q. What time did you set out of London to go back again?</p>
<p>Ward. I went from London to Hampstead, to see a brother of mine, after I had received the money.</p>
<p>Q. What time did you go out of London?</p>
<p>Ward. About three o'clock.</p>
<p>Q. How long did you stay at Hampstead?</p>
<p>Ward. I staid there till about a quarter before eight? then I went from thence to the Horse-shoes.</p>
<p>Q. Did you walk it?</p>
<p>Ward. I did.</p>
<p>Q. What time was it when you came to the Horse-shoes.</p>
<p>Ward. It might be near ten o'clock; I was intending to lie at the Horse-shoes, and said I did not chuse to go home, having a little money about me; but if a post-chaise came by, I would go along with that, and was just going to bed when the prisoner came to the door.</p>
<p>Q. Was it in your way to go by South-street to Potter's-bar?</p>
<p>Ward. It was, because I had some business with my brother, but I did not do any business with my brother.</p>
<p>Q. Why did you not?</p>
<p>Ward. Because he had not time, and could not do it that day.</p>
<p>Q. It is very odd for you to go cross Finchley-common with a stranger, with five pounds in your pocket; what could be your inducement so to do?</p>
<p>Ward. I went along with him for company.</p>
<p>Q. Was you ever in that house at Bed-stile before?</p>
<p>Ward. No, never in my life.</p>
<p>Q. When you saw this man take the bill and bread and butter away in that house, did you alarm the people?</p>
<p>Ward. We could not make them hear.</p>
<p>Q. Did you call aloud?</p>
<p>Ward. We did; the man of the house said since he did not hear us.</p>
<p>Q. Did you know the things that the prisoner took were not his own?</p>
<p>Ward. I did.</p>
<p>Court. Then you knew he was doing wrong.</p>
<p>Ward. I did.</p>
<p>Q. How came you to go with him afterwards?</p>
<p>Ward. Because I could not get rid of him.</p>
<p>Q. Why did you not stay with your brother when you got to South-street?</p>
<p>Ward. I was willing to get home that night.</p>
<p>Q. How came you to recommend a man to your friend that you knew had stole a bill, and bread and butter?</p>
<p>Ward. I knew he was not an honest man.</p>
<p>Q. Was you drunk at this time?</p>
<p>Ward. I was pretty forward in liquor.</p>
<persName id="t17610506-1-person37"> Jeremiah Fox
<interp inst="t17610506-1-person37" type="surname" value="Fox"/>
<interp inst="t17610506-1-person37" type="given" value="Jeremiah"/>
<interp inst="t17610506-1-person37" type="gender" value="male"/> </persName> . I am servant to Mr. Walbank. I received this horse, to the best of my remembrance, on the 16th of April, of Mr. Serjeant Hayward's servants, his lad and his clerk.</p>
<p>Q. Describe the horse.</p>
<p>Fox. It was a bay gelding, with two white heels behind, a blaze in his face, and a little greasy heel'd, and I think a little white on one
<xptr type="pageFacsimile" doc="176105060006"/> of his legs before. I put him in my master's ground, in a field next to my master's house.</p>
<p>Q. When was he missing?</p>
<p>Fox. That very night, to the best of my knowledge, he was stole out of the ground. There was a rail broke down in the night next to the house, and I dare say the horse was taken out at that very place. It is my business to go to see if the horses are safe, the first thing I do in the morning, and the last at night.</p>
<p>Q. What time did you leave the horse that evening?</p>
<p>Fox. It was, I believe, about nine o'clock.</p>
<p>Q. What time did you go to look after him in the morning?</p>
<p>Fox. I went into the field between three and four in the morning, and then I missed him. I did not give information of him so soon as I should have done. I told my master we had one horse short in the ground, and after that Mr. Serjeant Hayward came, and we told him of it.</p>
<p>Prisoner's Defence.</p>
<p>When first I met with this man (Ward) he shewed me the way to South-street Going along, we came to Bed stile. I said, if the man of the house is up I will have a pint of beer, for I am a little dry I opened the door, it was upon the latch. I rode half-way in, but the horse would not go quite, seeing the fire. Ward held my horse while I found a match upon the mantie-piece I lighted a candle, and he hung the horse at the door, and came in, and opened a drawer on the right hand coming in, and pulled out a bunch of matches and a snuff box; he put the box in his pocket, then he said, here is a bill, I live high the chase, it will serve me Mr. Ward, you may laugh if you please, you was the man that robb'd the house; I cut the bread and butter, you said you went to London to take ten pounds, and you had left it at the Three Horseshoes. I had a pistol loaded in my pocket for my own safety, but not to rob anybody with; and because my friends were not up at South-street, I was willing to get forward. I lived nine years in one shop in Holbourn, with
<persName id="t17610506-1-person38"> John Steed
<interp inst="t17610506-1-person38" type="surname" value="Steed"/>
<interp inst="t17610506-1-person38" type="given" value="John"/>
<interp inst="t17610506-1-person38" type="gender" value="male"/> </persName> and
<persName id="t17610506-1-person39"> Thomas Bartlet
<interp inst="t17610506-1-person39" type="surname" value="Bartlet"/>
<interp inst="t17610506-1-person39" type="given" value="Thomas"/>
<interp inst="t17610506-1-person39" type="gender" value="male"/> </persName> , and have as good a character as Ward, tho' he was bailed. I said, I have a loaded pistol in my pocket, if any rogues come it will make them fly. He said, Give it me, and the first man we meet I will rob him: this is the truth, if I was to drop down dead from this place where I now stand; he wanted to rob that house, but I said, This is a poor man, I have known him ten years, and he has a family of children, see their cloaths laying about; there was another man, not the man of the house, that swore to the bill before the justice at Barnet.</p>
<p>Court. You are charged with stealing this gelding, confine your defence to that.</p>
<p>Prisoner. I gave five pounds ten shillings for the horse; when I was at Mr. Baker's house, Mr. Baker came out of his house two or three times, and wanted me to sell the horse. I said I did not want to sell him, I would not sell him; they said they had a mare, and would rap with me. I said it was not worth my while to rap for a thing not fit to ride I bought the horse fairly and honestly, coming from High Wickham. I had been abroad, and come to England but twelve months; I have been five years abroad had I staid till last Easter Monday; I lived nine months at High Wickham, and since I have worked for myself, and I came to London to buy me some tools, and some hair at a hair-merchant's on Ludgate-hill, to set up in business at High Wickham; but meeting with that man he brought me into this snare; he never saw me till that night, it is true, but I take him to be a very great rogue, worse than I, because I know myself to be an honest young fellow, if I had not, I should not have lived nine years in one shop. I don't know any-body in court, and I have no friends here. I know Mr. Hatch, but I don't think he would think it worth his while to come here, in order to save a man's life. I have worked with him, he sent word to the justice that I always behaved sober and honest, and never wronged him of any thing. I dare say he would give me an extraordinary good character; he lives at High Wickham in Buckinghamshire. That pistol I bought for five shillings, at the corner of Bartlett's-buildings, on the 23d of April, and gave an old pistol, worth about 7 d into the bargain for it. Ward went about four miles out of his way along with me; as soon as we went into Baker's house, he said to me, What will you drink? Ward said he would have punch; I said my pocket would not do for that; after that Baker and Ward fell to discounting about venison, Ward said he wanted some; Baker said, Hold your tongue, I'll help you to some at any time; and that fawns were now good, and he had dogs plenty in the house. They made a practice of stealing venison out of Enfield-chase.</p>
<rs id="t17610506-1-verdict5" type="verdictDescription">
<interp inst="t17610506-1-verdict5" type="verdictCategory" value="guilty"/> Guilty </rs>
<rs id="t17610506-1-punish6" type="punishmentDescription">
<interp inst="t17610506-1-punish6" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-1-defend30 t17610506-1-punish6"/> Death </rs>.</p> </div1>
<div1 type="trialAccount" id="t17610506-2">
<interp inst="t17610506-2" type="collection" value="BAILEY"/>
<interp inst="t17610506-2" type="year" value="1761"/>
<interp inst="t17610506-2" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-2" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-2-off7-c38" targOrder="Y" targets="t17610506-2-defend41 t17610506-2-off7 t17610506-2-verdict11"/>
<p>156. (M.)
<persName id="t17610506-2-defend41" type="defendantName"> Isaac Edgerton
<interp inst="t17610506-2-defend41" type="surname" value="Edgerton"/>
<interp inst="t17610506-2-defend41" type="given" value="Isaac"/>
<interp inst="t17610506-2-defend41" type="gender" value="male"/> </persName> was indicted for
<rs id="t17610506-2-off7" type="offenceDescription">
<interp inst="t17610506-2-off7" type="offenceCategory" value="theft"/>
<interp inst="t17610506-2-off7" type="offenceSubcategory" value="grandLarceny"/> stealing one saddle, value 10 s. and one woollen
<xptr type="pageFacsimile" doc="176105060007"/> saddle-cloth, value 1 s. </rs> the property of
<persName id="t17610506-2-victim43" type="victimName"> Thomas Archer
<interp inst="t17610506-2-victim43" type="surname" value="Archer"/>
<interp inst="t17610506-2-victim43" type="given" value="Thomas"/>
<interp inst="t17610506-2-victim43" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-2-off7 t17610506-2-victim43"/> </persName> ,
<rs id="t17610506-2-cd8" type="crimeDate">March 12</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-2-off7 t17610506-2-cd8"/>.*</p>
<p>Thomas Archer. I live at Hitchin in Hertfordshire, I am a
<rs id="t17610506-2-viclabel9" type="occupation">carpenter</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-2-victim43 t17610506-2-viclabel9"/>, I lost a saddle from
<placeName id="t17610506-2-crimeloc10">the Golden Lion in St. John's-street</placeName>
<interp inst="t17610506-2-crimeloc10" type="placeName" value="the Golden Lion in St. John's-street"/>
<interp inst="t17610506-2-crimeloc10" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-2-off7 t17610506-2-crimeloc10"/> some time in March last; I lay there that night, and missed it the next morning out of the stable, when I went in to see my horse; it was what we call a neat's leather saddle.</p>
<p>Q. Did you ever see it again?</p>
<p>Archer. I did at justice Welch's. ( Produced in court, and deposed to) The prisoner was there, and upon being asked where he had it, he said he had it from the Golden Lion in St. John's-street.</p>
<persName id="t17610506-2-person44"> Jonathan Smith
<interp inst="t17610506-2-person44" type="surname" value="Smith"/>
<interp inst="t17610506-2-person44" type="given" value="Jonathan"/>
<interp inst="t17610506-2-person44" type="gender" value="male"/> </persName> . I keep a publick-house in Cow-cross, the prisoner offered to sell a saddle one night in the street at my door, about nine or ten o'clock. I said, Don't buy it, you know him to be a thief, and was transported for such an affair before; (See No. 377 in Mr. Alderman Alsop's mayoralty) then he ran down the street, and threw the saddle away behind a door; he was taken, and the next morning he owned he took it out of Mr. Fish's stable, at the Golden Lion in St. John's-street.</p>
<p>Prisoner's Defence.</p>
<p>I took the saddle, but did not offer it to sell to any-body.</p>
<rs id="t17610506-2-verdict11" type="verdictDescription">
<interp inst="t17610506-2-verdict11" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<rs id="t17610506-2-punish12" type="punishmentDescription">
<interp inst="t17610506-2-punish12" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-2-defend41 t17610506-2-punish12"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-3">
<interp inst="t17610506-3" type="collection" value="BAILEY"/>
<interp inst="t17610506-3" type="year" value="1761"/>
<interp inst="t17610506-3" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-3" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-3-off14-c41" targOrder="Y" targets="t17610506-3-defend46 t17610506-3-off14 t17610506-3-verdict18"/>
<p>157. (M.)
<persName id="t17610506-3-defend46" type="defendantName"> Ann Lewis
<interp inst="t17610506-3-defend46" type="surname" value="Lewis"/>
<interp inst="t17610506-3-defend46" type="given" value="Ann"/>
<interp inst="t17610506-3-defend46" type="gender" value="female"/> </persName> ,
<rs id="t17610506-3-deflabel13" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-3-defend46 t17610506-3-deflabel13"/>, was indicted for
<rs id="t17610506-3-off14" type="offenceDescription">
<interp inst="t17610506-3-off14" type="offenceCategory" value="theft"/>
<interp inst="t17610506-3-off14" type="offenceSubcategory" value="grandLarceny"/> stealing one white linnen gown, value 6 d. one pair of women's stays, value 12 d. one pair of cotton stockings, value 3 d. and one checque linnen apron, value 3 d. </rs> the property of
<persName id="t17610506-3-victim48" type="victimName"> John Cook
<interp inst="t17610506-3-victim48" type="surname" value="Cook"/>
<interp inst="t17610506-3-victim48" type="given" value="John"/>
<interp inst="t17610506-3-victim48" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-3-off14 t17610506-3-victim48"/> </persName> ,
<rs id="t17610506-3-cd15" type="crimeDate">March 13</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-3-off14 t17610506-3-cd15"/>.*</p>
<p>Ann Cook, My husband's name is John, we live in
<placeName id="t17610506-3-crimeloc16">Great Suffolk-street</placeName>
<interp inst="t17610506-3-crimeloc16" type="placeName" value="Great Suffolk-street"/>
<interp inst="t17610506-3-crimeloc16" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-3-off14 t17610506-3-crimeloc16"/>, the prisoner was my
<rs id="t17610506-3-deflabel17" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-3-defend46 t17610506-3-deflabel17"/>, she absconded from me on the 26th of March, and left the door open, then I missed the things mentioned in the indictment ( mentioning them by name.) I went directly among the pawnbrokers, and found all my things again, some in Green-street, the corner of Leicester-fields, and the others at the corner of Coventry-court; and my husband took the prisoner in the street, the day that the man was executed for killing the woman in Leicester fields; she was carried before the justice, and I heard her confess she took the things away, and said she owed money, and the people dunn'd her for it, and she took the things to satisfy them, as she had been out of place, and had no money. I believe it is the first fact she ever committed.</p>
<persName id="t17610506-3-person49"> John Riley
<interp inst="t17610506-3-person49" type="surname" value="Riley"/>
<interp inst="t17610506-3-person49" type="given" value="John"/>
<interp inst="t17610506-3-person49" type="gender" value="male"/> </persName> , a servant to a pawnbroker, produced a pair of stays and a pair of stockings, which be deposed the prisoner pledged with him. (Deposed to by the prosecutrix.)
<persName id="t17610506-3-person50"> Henry Stockdell
<interp inst="t17610506-3-person50" type="surname" value="Stockdell"/>
<interp inst="t17610506-3-person50" type="given" value="Henry"/>
<interp inst="t17610506-3-person50" type="gender" value="male"/> </persName> , the other pawnbroker's servant; being attending another trial at Hicks's-hall, could not produce the other goods; but the prosecutrix had seen them, and declared they were her property.</p>
<p>The prisoner said nothing in her defence.</p>
<rs id="t17610506-3-verdict18" type="verdictDescription">
<interp inst="t17610506-3-verdict18" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<rs id="t17610506-3-punish19" type="punishmentDescription">
<interp inst="t17610506-3-punish19" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-3-defend46 t17610506-3-punish19"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
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<interp inst="t17610506-4" type="collection" value="BAILEY"/>
<interp inst="t17610506-4" type="year" value="1761"/>
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<interp inst="t17610506-4" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-4-off21-c45" targOrder="Y" targets="t17610506-4-defend51 t17610506-4-off21 t17610506-4-verdict26"/>
<p>158. (M.)
<persName id="t17610506-4-defend51" type="defendantName"> Isabella Daffey
<interp inst="t17610506-4-defend51" type="surname" value="Daffey"/>
<interp inst="t17610506-4-defend51" type="given" value="Isabella"/>
<interp inst="t17610506-4-defend51" type="gender" value="female"/> </persName> ,
<rs id="t17610506-4-deflabel20" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-4-defend51 t17610506-4-deflabel20"/>, was indicted for
<rs id="t17610506-4-off21" type="offenceDescription">
<interp inst="t17610506-4-off21" type="offenceCategory" value="theft"/>
<interp inst="t17610506-4-off21" type="offenceSubcategory" value="shoplifting"/> stealing 12 yards of serge-dusoy silk, value 50 s. 12 yards of ducape silk, value 3 l. 10 s 7 yards of callimanco, value 15 s. 3 yards of black armozeen silk, value 24 s. the property of
<persName id="t17610506-4-victim52" type="victimName"> Archdale Rooke
<interp inst="t17610506-4-victim52" type="surname" value="Rooke"/>
<interp inst="t17610506-4-victim52" type="given" value="Archdale"/>
<interp inst="t17610506-4-victim52" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-4-off21 t17610506-4-victim52"/> </persName> , privately, in the shop of the said Archdale </rs>,
<rs id="t17610506-4-cd22" type="crimeDate">May 19, 1760. </rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-4-off21 t17610506-4-cd22"/>*</p>
<p>Archdale Rooke. I live behind
<placeName id="t17610506-4-crimeloc23">St. Clement's church in the Strand</placeName>
<interp inst="t17610506-4-crimeloc23" type="placeName" value="St. Clement's church in the Strand"/>
<interp inst="t17610506-4-crimeloc23" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-4-off21 t17610506-4-crimeloc23"/>.</p>
<p>Q. What is your business?</p>
<p>Rooke. I am a
<rs id="t17610506-4-viclabel24" type="occupation">mercer</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-4-victim52 t17610506-4-viclabel24"/>, the prisoner lived
<rs id="t17610506-4-deflabel25" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-4-defend51 t17610506-4-deflabel25"/> with me, and in the time she lived with me I lost several things out of my shop; she went out of an errand and staid four or five days; I understood afterwards that she went down to Greenwich, and when she came back I turned her away, which was the 19th of May last.</p>
<p>Q. Was she a servant in your shop?</p>
<p>Rooke. No, she was servant in my house; we have oftentimes found the locks out of order that belong to the inside shutters.</p>
<p>Q. Describe those shutters.</p>
<p>Rooke. They went along the counter, and were put up of nights, and made it like a passage, with the goods within-side. The first piece that I missed was a scarlet serge-dusoy, that was about twelve months ago; she lived with me at that time, I missed it about three months before she went away.</p>
<p>Q. How long did she live with you?</p>
<p>Rooke. She lived with me about half a year. I missed also a quantity of grey ducape, about 11 or 12 yards, and about 16 or 17 yards of tabby, but the tabby was omitted in the indictment by mistake. I missed also blue ducape, and green ducape, and some black armozene, about eight or nine yards.</p>
<p>Q. Did you miss all these before she went away?</p>
<p>Rooke. I did. I heard she went to live in Bell-yard, near Temple-bar, and after that she went to Greenwich She told me my lord Anson got her a place to be nurse in the hospital there.</p>
<xptr type="pageFacsimile" doc="176105060008"/>Q. How came you to suspect her?</p>
<p>Rooke. One of my servants was taken up for robbing me of a great many things, his name is Spruce. I took him before justice Fielding, he was committed to New Prison. The next morning I went to him, he told me that the prisoner now at the bar was the first instigation of his misfortunes. Upon that I got a warrant from Mr. Fielding, and took her up on the 14th of April; after which I found where she had sold or pawned part of the goods mentioned.</p>
<p>Q. Where did you find them?</p>
<p>Rooke. Some
<persName id="t17610506-4-person53"> Jane Mason
<interp inst="t17610506-4-person53" type="surname" value="Mason"/>
<interp inst="t17610506-4-person53" type="given" value="Jane"/>
<interp inst="t17610506-4-person53" type="gender" value="female"/> </persName> had, some
<persName id="t17610506-4-person54"> Elizabeth Hudson
<interp inst="t17610506-4-person54" type="surname" value="Hudson"/>
<interp inst="t17610506-4-person54" type="given" value="Elizabeth"/>
<interp inst="t17610506-4-person54" type="gender" value="female"/> </persName> , some
<persName id="t17610506-4-person55"> Elizabeth Sullivan
<interp inst="t17610506-4-person55" type="surname" value="Sullivan"/>
<interp inst="t17610506-4-person55" type="given" value="Elizabeth"/>
<interp inst="t17610506-4-person55" type="gender" value="female"/> </persName> , and some John Chamberlain had. [Eliz. Hudson produced a piece of gray tabby.] This is my property, but it is not laid in the indictment. [
<persName id="t17610506-4-person56"> Jane Mason
<interp inst="t17610506-4-person56" type="surname" value="Mason"/>
<interp inst="t17610506-4-person56" type="given" value="Jane"/>
<interp inst="t17610506-4-person56" type="gender" value="female"/> </persName> produced a piece of gray ducape, and a piece of searlet dusoy.] These are my property, they are the same that I lost. The dusoy was a little mildewed when I lost it. [
<persName id="t17610506-4-person57"> John Chamberlain
<interp inst="t17610506-4-person57" type="surname" value="Chamberlain"/>
<interp inst="t17610506-4-person57" type="given" value="John"/>
<interp inst="t17610506-4-person57" type="gender" value="male"/> </persName> produced a piece of black armozeen silk.] I lost a quantity of black silk, this quantity and kind. I can't directly say, but I think it to be the same. [
<persName id="t17610506-4-person58"> Elizabeth Sullivan
<interp inst="t17610506-4-person58" type="surname" value="Sullivan"/>
<interp inst="t17610506-4-person58" type="given" value="Elizabeth"/>
<interp inst="t17610506-4-person58" type="gender" value="female"/> </persName> produced a piece of gray ducape and a piece of sergedusoy, and said she bought six yards of callimancot of the prisoner at the bar. which she had quilted up in a petticoat.] I say that, that is worked up at Greenwich. I believe it to be mine, but do not swear to it. I believe the two pieces to be mine also.</p>
<p>J. Mason. I have known the prisoner a great many years. She came about a year ago a nurse to the hospital. She told me she had had these two pieces five or six years, and they had stood in a box in a damp place, and had got mildew'd. I took one out of pawn for her, at her request, from
<persName id="t17610506-4-person59"> Elizabeth Sullivan
<interp inst="t17610506-4-person59" type="surname" value="Sullivan"/>
<interp inst="t17610506-4-person59" type="given" value="Elizabeth"/>
<interp inst="t17610506-4-person59" type="gender" value="female"/> </persName> 's house, and she was to give me my money again when her money came round from the hospital, and the other piece I bought of her.</p>
<p>E. Sullivan. The two pieces were pawned with me by the prisoner above fifteen months ago, one for 10 s. the other for a guinea.</p>
<p>Q. Where do you live?</p>
<p>E. Sullivan. I lived at Greenwich at that time. She was then about getting the place in the hospital. She told me they were her own property. I had some silk of her which Mrs. Mason came and took out for the prisoner, and I bought of her six yards of callimanco, and gave her nine shillings for it.</p>
<p>Eliz. Hudson, I had the piece of gray silk of the prisoner at the bar.</p>
<persName id="t17610506-4-person60"> John Chamberlain
<interp inst="t17610506-4-person60" type="surname" value="Chamberlain"/>
<interp inst="t17610506-4-person60" type="given" value="John"/>
<interp inst="t17610506-4-person60" type="gender" value="male"/> </persName> . I live at Greenwich. On the 20th of last October the prisoner brought this piece of black armozeen, and pledged it with me.</p>
<p>Prisoner's defence.</p>
<p>The piece of gray silk is my own, I bought it before ever I knew my master, and I wore it while I lived at his house. I bought it after I received 65 l.</p>
<rs id="t17610506-4-verdict26" type="verdictDescription">
<interp inst="t17610506-4-verdict26" type="verdictCategory" value="guilty"/>
<interp inst="t17610506-4-verdict26" type="verdictSubcategory" value="lesserOffence"/> Guilty of stealing, but not privately in the shop </rs>.</p>
<rs id="t17610506-4-punish27" type="punishmentDescription">
<interp inst="t17610506-4-punish27" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-4-defend51 t17610506-4-punish27"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-5">
<interp inst="t17610506-5" type="collection" value="BAILEY"/>
<interp inst="t17610506-5" type="year" value="1761"/>
<interp inst="t17610506-5" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-5" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-5-off28-c55" targOrder="Y" targets="t17610506-5-defend62 t17610506-5-off28 t17610506-5-verdict33"/>
<join result="criminalCharge" id="t17610506-5-off30-c57" targOrder="Y" targets="t17610506-5-defend65 t17610506-5-off30 t17610506-5-verdict35"/>
<join result="criminalCharge" id="t17610506-5-off30-c58" targOrder="Y" targets="t17610506-5-defend67 t17610506-5-off30 t17610506-5-verdict35"/>
<p>159, 160, 161. (M.)
<persName id="t17610506-5-defend62" type="defendantName"> Charles Spruce
<interp inst="t17610506-5-defend62" type="surname" value="Spruce"/>
<interp inst="t17610506-5-defend62" type="given" value="Charles"/>
<interp inst="t17610506-5-defend62" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-5-off28" type="offenceDescription">
<interp inst="t17610506-5-off28" type="offenceCategory" value="theft"/>
<interp inst="t17610506-5-off28" type="offenceSubcategory" value="shoplifting"/> stealing 2 linnen shirts, value 20 s. 12 yards of drab-coloured cambler, value 10 s. 15 yards of silk, called alamode, value 40 s. 4 yards of gray coloured stuff, called tammy, value 15 s. 2 pieces of board, value 1 d. 2 wooden rollers, value 1 d. 2 yards of brown linnen, called hessians, value 12 d. 2 pair of cotton hose, value 12 d. 70 yards of blossom coloured corded tabby silk, value 3 l. 12 yards of green silk, called ducape, value 3 l. 12 yards of blue silk, called ducape, value 3 l. 10 yards of bl ue sattin, value 3 l. 10 s. 13 yards of striped silk, called lutestring, value 3 l. 10 s. 13 yards of white damask silk, value 5 l. 10 s. 9 yards of pink coloured persian silk, value 17 s. 30 yards of blue persian silk, value 50 s. 30 yards of gray persian silk, value 50 s. 71 yards of ruby coloured persian silk, value 6 l. 10 s. 25 yards of green tabby silk, value 10 l. 13 yards of plain coloured tabby silk, value 5 l. 8 s. 36 yards of yellow silk, called tammy, value 9 l. 9 yards of white sattin, value 50 s. 30 yards and 3 quarters of black velvet, value 3 l. 15 s. 16 yards of blue silk, called corded tabby, value 7 l. 4 s. 70 yards of pink coloured sattin, value 3 l. 10 s. 46 yards of blue silk, call'd tobine, value 18 l. 30 yards of blue silk, called ducape, value 8 l. 10 s. 20 yards of blue tabby silk, value 6 l. 8 yards of black pelong sattin, value 37 s. 70 yards of pink coloured tabby silk, value 42 s. 10 yards of green silk pelong, value 15 s. 6 yards of white stuff, called tammy, value 3 s. 10 yards of camblet, value 9 s. 1 yard of black sattin, value 3 s. 2 yards of black pelong sattin, value 6 s. a yards of camblet, value 8 s. the goods of
<persName id="t17610506-5-victim63" type="victimName"> Archdale Rooke
<interp inst="t17610506-5-victim63" type="surname" value="Rooke"/>
<interp inst="t17610506-5-victim63" type="given" value="Archdale"/>
<interp inst="t17610506-5-victim63" type="gender" value="male"/> </persName> , privately, in the shop of the said Archdale </rs>; and
<persName id="t17610506-5-defend65" type="defendantName"> Andrew Miller
<interp inst="t17610506-5-defend65" type="surname" value="Miller"/>
<interp inst="t17610506-5-defend65" type="given" value="Andrew"/>
<interp inst="t17610506-5-defend65" type="gender" value="male"/> </persName> and
<persName id="t17610506-5-defend67" type="defendantName"> Elizabeth Clay
<interp inst="t17610506-5-defend67" type="surname" value="Clay"/>
<interp inst="t17610506-5-defend67" type="given" value="Elizabeth"/>
<interp inst="t17610506-5-defend67" type="gender" value="female"/> </persName> ,
<rs id="t17610506-5-deflabel29" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-5-defend67 t17610506-5-deflabel29"/>, for
<rs id="t17610506-5-off30" type="offenceDescription">
<interp inst="t17610506-5-off30" type="offenceCategory" value="theft"/>
<interp inst="t17610506-5-off30" type="offenceSubcategory" value="receiving"/> receiving part of the said goods, well knowing them to have been stolen </rs>,
<rs id="t17610506-5-cd31" type="crimeDate">April 14</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-5-off28 t17610506-5-cd31"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-5-off30 t17610506-5-cd31"/>. ++.</p>
<p>Archdale Rooke. I lost all the goods mentioned in the indictment. The prisoner Spruce lived with me as a
<rs id="t17610506-5-deflabel32" type="occupation">livery servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-5-defend62 t17610506-5-deflabel32"/> about a year and three quarters. He used to open and shut up the shop.</p>
<p>Q. Were all these goods in the shop at the time he lived with you?</p>
<p>Rooke. They were.</p>
<xptr type="pageFacsimile" doc="176105060009"/>Q. When did you lose them?</p>
<p>Rooke. I lost some about last Christmas was a twelve-month, and the rest before he went from me. The latter part of last summer he had hired a coach for a day, and he went down to Greenwich; it cost him 8 s. I thought he could not come honestly by the money, so I turned him away. I found him in cloaths, but he had no wages from me, but he often had a shilling given him, and he had some perquisites in the shop. I had missed, while he was with me last summer, a quantity of corded tabby, a piece of green, and a piece of blue ducape, 10 or 11 yards of blue sattin, 13 yards of striped lutestring, and 13 yards of white damask. About 9 or 10 weeks ago Mrs. Ward, a neighbour of mine, came and begged I would take him again. I had hired a servant that I liked, and I did not chuse to turn him away to take Charles again. After that this servant did not please me, I turned him away and took Charles again a second time. On the 14th of April last my sister discovered one of my ruffled shirts on his back, and informed me of it; and, the evening before I had missed a piece of alamode silk that was to have been sent to Whitechaple, then I told him I thought he had taken it; he said any other of my servants might take it as well as he; and, that he knew nothing of it. I told him I would go to Mr. Fielding and get a warrant; he said, very well, as I thought proper. I went and got a warrant and took him up. When I had the constable in the shop, I told him I missed several things, and desired he would confess if he had taken any thing, he confessed he had taken the alamode silk. When we came before Mr. Fielding I asked him if he had any thing else, he said there were one or two more things. He had taken a lodging on the back of my house the week before. Mr. Fielding granted me a warrant to search the lodging, and another to search the prisoner Clay's mother's lodging. They were going to be married. I found the piece of alamode silk in his lodgings, in a mahogony chest of drawers; a piece of gray stuff, a piece of drab coloured camblet, 2 sattin boards, and 2 rollers that we roll silk upon, a remnant of hessian brown linnen, 2 pair of cotton stockings, a black sattin hat that he said Clay had cut off from a piece of black sattin that was in the drawer. There were a great number of houshold goods which he had bought with money made of my goods. In Clay's lodging I found 2 yards of brown camblet, all these my property. Mrs. Ward came to me at Mr. Fielding's, and told me she had stopped a piece of black velvet, a piece of blue, a piece of black, and a piece of pink coloured silk, which Miller brought. I lost 71 yards of ruby persian, and found 61 yards of it at Mr. Hall's, a pawnbroker, I found a piece of green tabby at Mrs.
<persName id="t17610506-5-person68"> Ann Brown
<interp inst="t17610506-5-person68" type="surname" value="Brown"/>
<interp inst="t17610506-5-person68" type="given" value="Ann"/>
<interp inst="t17610506-5-person68" type="gender" value="female"/> </persName> 's. I lost 35 yards, Mrs. Brown had sold some of it.</p>
<p>Q. How much did you find there?</p>
<p>Rooke. I believe I found 12 or 13 yards there, and I found 13 yards of pink tabby, which Mrs. Brown had sold to Mr. Wigdon. I found 36 yards of yellow ducape at Mrs. Ward's. She is a mercer, and deals in silk. I found 9 yards of sattin, and about 4 yards of black velvet, and 16 or 17 yards of blue corded tabby, and a quantity of pink sattin; I don't know the exact quantity. The next that I found was at Mr. Brook's, a pawnbroker, he came and shewed me a piece of silk, about 46 yards, my property, it was blue and white tobine. Other silks I found at Mark David's, a jew.</p>
<p>Q. Is he a pawnbroker.</p>
<p>Rooke. No, he is not. I went there after they had made their confessions. He told me he had sold those goods to
<persName id="t17610506-5-person69"> Mary Huntington
<interp inst="t17610506-5-person69" type="surname" value="Huntington"/>
<interp inst="t17610506-5-person69" type="given" value="Mary"/>
<interp inst="t17610506-5-person69" type="gender" value="female"/> </persName> , in Broad St. Giles's. The jew said he had bought them of my servant. I found a quantity of green ducape, and a quantity of green sattin, pawned at Mr. Ealing's, a pawnbroker; at Mr. Fryer's, a pawnbroker, I found a quantity of green stuff, a quantity of white stuff, some drab camblet, a quantity of black sattin. All those pieces found at those places are mine, I saw them at Mr. Fielding's, and swore to them as my property.</p>
<p>Q. How do you charge Miller?</p>
<p>Rooke. It will be proved he brought them to the people. Spruce confessed before Mr. Fielding to the taking almost all of them. After I had charged him with taking them all, he recollected as far as he could of them, and owned to the taking the greatest part of the things mentioned in the indictment, and a great many more that I cannot find, he then discovered that Miller was concerned in the affair; and he has owned the same to me several times since.</p>
<persName id="t17610506-5-person70"> Elizabeth Rooke
<interp inst="t17610506-5-person70" type="surname" value="Rooke"/>
<interp inst="t17610506-5-person70" type="given" value="Elizabeth"/>
<interp inst="t17610506-5-person70" type="gender" value="female"/> </persName> . I am sister to the prosecutor. I saw Spruce with a russled shirt on on a Sunday, the property of my brother, I charged him with it, he owned it was my brother's. On the Tuesday morning I missed another, I charged him with it, he owned it, and said he would bring it to me if I would not tell my brother.</p>
<p>Q. What Tuesday was this?</p>
<p>E. Rooke. This was Tuesday the 14th of April; he said he took them both.</p>
<p>Daniel Hall. I am a pawnbroker. [He produced
<xptr type="pageFacsimile" doc="176105060010"/> a quantity of ruby coloured persian silk.] I know nothing of taking it in, my servant is here, he can give an account of that.</p>
<persName id="t17610506-5-person71"> John Chamberlain
<interp inst="t17610506-5-person71" type="surname" value="Chamberlain"/>
<interp inst="t17610506-5-person71" type="given" value="John"/>
<interp inst="t17610506-5-person71" type="gender" value="male"/> </persName> . I am servant to Mr. Hall, I had this ruby coloured Persian of
<persName id="t17610506-5-person72"> Andrew Miller
<interp inst="t17610506-5-person72" type="surname" value="Miller"/>
<interp inst="t17610506-5-person72" type="given" value="Andrew"/>
<interp inst="t17610506-5-person72" type="gender" value="male"/> </persName> , one of the prisoners at the bar.</p>
<p>Prosecutor. This is my property.</p>
<p>Q. to Chamberlain. What did you lend Miller upon it?</p>
<p>Chamberlain. I lent him two guineas and a half upon it.</p>
<p>Miller. I had two guineas upon it of him.</p>
<p>Q. to Prosecutor. Are the goods worth the money, as laid in the indictment?</p>
<p>Prosecutor. They are worth more than what is laid there.</p>
<persName id="t17610506-5-person73"> Ann Brown
<interp inst="t17610506-5-person73" type="surname" value="Brown"/>
<interp inst="t17610506-5-person73" type="given" value="Ann"/>
<interp inst="t17610506-5-person73" type="gender" value="female"/> </persName> . I had a piece of brown silk of Miller, [ Producing it.]</p>
<p>Q. What are you?</p>
<p>A. Brown. I am a mantuamaker.</p>
<p>Prosecutor. This is my property.</p>
<persName id="t17610506-5-person74"> Ann Brown
<interp inst="t17610506-5-person74" type="surname" value="Brown"/>
<interp inst="t17610506-5-person74" type="given" value="Ann"/>
<interp inst="t17610506-5-person74" type="gender" value="female"/> </persName> . I had a piece of ruby coloured tobine also of him, [Producing it.]</p>
<p>Prosecutor. This also is mine, there was 46 yards of it.</p>
<p>A. Brown. I let Mr. Wigdon have about 13 yards of the ruby coloured tobine; I had some blew sattin of Miller, but that I have disposed of.</p>
<p>Q. Do you know the prisoner Spruce.</p>
<p>A. Brown. No, I do not; Miller did not tell me whose goods they were, but said, he had them to dispose of. I had also of him a piece of green silk, which a gentlewoman had, that is gone to Portsmouth, to see her husband; and when she returns, I will endeavour to get it for the prosecutor.</p>
<persName id="t17610506-5-person75"> Elizabeth Hudson
<interp inst="t17610506-5-person75" type="surname" value="Hudson"/>
<interp inst="t17610506-5-person75" type="given" value="Elizabeth"/>
<interp inst="t17610506-5-person75" type="gender" value="female"/> </persName> .
<persName id="t17610506-5-person76"> Andrew Miller
<interp inst="t17610506-5-person76" type="surname" value="Miller"/>
<interp inst="t17610506-5-person76" type="given" value="Andrew"/>
<interp inst="t17610506-5-person76" type="gender" value="male"/> </persName> came to my house, and asked me if I wanted a bit of white damask, and brought a bit with him.</p>
<p>Q. What are you?</p>
<p>E. Hudson. I am a publican (Miller belongs to a club at our house, and has two or three years,) there was about a dozen yards of it; I bought it of him, and sold it again, and do not know to whom; the man keeps a vessel, and lives towards Yarmouth.</p>
<p>Q. What did you give him for the damask?</p>
<p>E. Hudson. I gave him what he asked, which was six shillings a yard.</p>
<persName id="t17610506-5-person77"> Hannah Ward
<interp inst="t17610506-5-person77" type="surname" value="Ward"/>
<interp inst="t17610506-5-person77" type="given" value="Hannah"/>
<interp inst="t17610506-5-person77" type="gender" value="female"/> </persName> . I keep a shop in the Strand, and another on the back of St. Clement's. When I went to my shop in the Strand, I found three pieces in a chair that I sit in, in my parlour, a blue, pink, and a black piece, and Miller stood by the chair. I said, friend, these are yours, are they? He said, madam, I am a dealer, and lived in Vinegar yard some time ago, and they are very honestly come by; they are a person's silks that wants money. I asked him what he asked a yard for them, (the black is uncut velvet) he asked for the blue silk 4 s. a yard. I said, what do you ask for the uncut velvet? he said 8 s. I said, what for the pink? he said, seven and six pence. I said, friend, you look like a very honest man, but I cannot tell every body by their looks; pray tell me how you came by these silks. He said, very honestly. I stopped them, and advertised them, here is the paper they are advertised in ( Producing a daily paper.) He left the goods, and went away, and came with two men, and demanded the goods. I would not let him have them, and then he served my husband with a copy of a writ. I went to Justice Fielding, Mr. Rooke was there. I desired him to go to my house, and look at the goods, there was
<persName id="t17610506-5-person78"> Charles Spruce
<interp inst="t17610506-5-person78" type="surname" value="Spruce"/>
<interp inst="t17610506-5-person78" type="given" value="Charles"/>
<interp inst="t17610506-5-person78" type="gender" value="male"/> </persName> upon examination. I said to him, pray did you steal such goods from your master. Mr. Rooke went to see the goods, and when he returned, he said, they were his property.</p>
<p>Q. Was you before the justice when Miller was examined?</p>
<p>H. Ward. I was; I think he owned there, that he had the goods of Spruce. I heard Spruce own before the justice, that he took them, and Miller owned he took the yellow silk, that my servant bought of him; there was 36 yards of it, and also 11 yards of white sattin, which Miller owned too.</p>
<p>Q. What is your shop-woman's name?</p>
<p>H. Ward. Her name is
<persName id="t17610506-5-person79"> Mary Kinnersly
<interp inst="t17610506-5-person79" type="surname" value="Kinnersly"/>
<interp inst="t17610506-5-person79" type="given" value="Mary"/>
<interp inst="t17610506-5-person79" type="gender" value="female"/> </persName> .</p>
<persName id="t17610506-5-person80"> Mary Kinnersly
<interp inst="t17610506-5-person80" type="surname" value="Kinnersly"/>
<interp inst="t17610506-5-person80" type="given" value="Mary"/>
<interp inst="t17610506-5-person80" type="gender" value="female"/> </persName> . I am shop-woman to Mrs. Ward, Miller came with a woman, with a piece of yellow silk to sell, ( Producing it.)</p>
<p>Prosecutor. This is my property, which I lost out of my shop.</p>
<p>M. Kinnersely. He also brought this piece of white sattin, ( Producing it.)</p>
<p>Prosecutor. This also is mine.</p>
<p>M. Kinnersly. The woman said, she was recommended by one Mrs. Hanks, and she had a piece of silk to sell, that she thought would suit Mrs. Ward. I said, she was not at home, but if I liked it, I would buy it; I bought it of the prisoner Miller.</p>
<p>Q. What did you give a yard for it?</p>
<p>M. Kinnersley. I gave 4 s. a yard for it. I asked him how he came by it, he said, he bought it of a person that wanted money; he said, he had been a dealer, and had lived in
<xptr type="pageFacsimile" doc="176105060011"/> Vinegar-yard. I sent to Mrs Hanks, to know if she recommended the persons that came to me. She sent word to me, she did not know the man, but she did the woman, and would trust her; it was that same day, that he came himself in the afternoon.</p>
<p>Mr. Brooks I am a pawnbroker (He produced a piece of blue and white striped silk.) On the 10th or 11th of April, Miller brought me this piece of silk, and asked me four guineas upon it; I asked him several questions, and suspected he did not come honestly by it, and I stopped it till four in the afternoon. He desired I would let him go, and he could bring a person to his character at that time; then he brought justice Bedwell's son to vouch for him, then I lent him the money he wanted. In two or three days after, I heard Mr. Rooke had been robbed. I went to him, and asked him if he had lost any silk, he said yes. I told him I had a piece of this colour, and who I took it of.</p>
<p>Prosecutor. I told Mr. Brooks, I had lost such a pattern, and described it to him before I saw it.</p>
<p>Brooks. I was before Mr. Fielding, there I saw Miller, I swore to him, as the person that brought the silk to me, and related the circumstances that I have just mentioned.</p>
<p>Q. Was he asked how he came by it?</p>
<p>Brooks. He was; but he did not assign any reason how he came by it; he only said, he pledg'd it with me.</p>
<persName id="t17610506-5-person81"> John Fryer
<interp inst="t17610506-5-person81" type="surname" value="Fryer"/>
<interp inst="t17610506-5-person81" type="given" value="John"/>
<interp inst="t17610506-5-person81" type="gender" value="male"/> </persName> . (He produced some brown camblet, and some black sattin,) those I had of the prisoner Clay, at the bar.</p>
<p>Q. What are you?</p>
<p>Fryer. I am a pawnbroker, I lent her 6 s. upon the 11 yards of camblet, and three shillings upon the other.</p>
<p>Prosecutor. Those are my property. I lost them out of my shop; there was a large quantity of the sattin when I lost it, and this camblet has been made I believe 20 years.</p>
<persName id="t17610506-5-person82"> James Ealing
<interp inst="t17610506-5-person82" type="surname" value="Ealing"/>
<interp inst="t17610506-5-person82" type="given" value="James"/>
<interp inst="t17610506-5-person82" type="gender" value="male"/> </persName> . I am a pawnbroker. On the ninth of April, I took in a piece of black sattin of Spruce, ( Producing a piece.)</p>
<p>Q. What did you lend him upon it?</p>
<p>Ealing. I lent him five shillings upon it.</p>
<p>Q. Did you know him before?</p>
<p>Ealing. He had used my shop with some trifling things before.</p>
<p>Prosecutor. It was by Spruce's own confession, that we found out this piece of sattin.</p>
<p>Ealing. I had also two pieces of green silk, a piece of ducape, and a piece of lutestring of
<persName id="t17610506-5-person83"> Andrew Miller
<interp inst="t17610506-5-person83" type="surname" value="Miller"/>
<interp inst="t17610506-5-person83" type="given" value="Andrew"/>
<interp inst="t17610506-5-person83" type="gender" value="male"/> </persName> , and I had about four yards of sattin, of
<persName id="t17610506-5-person84"> Elizabeth Clay
<interp inst="t17610506-5-person84" type="surname" value="Clay"/>
<interp inst="t17610506-5-person84" type="given" value="Elizabeth"/>
<interp inst="t17610506-5-person84" type="gender" value="female"/> </persName> . When I came before Justice Fielding, there were all the three prisoners there. The Justice asked me, if I knew that man (Miller.) I said yes, I said, he was the man that brought the two pieces of silk to me.</p>
<p>Q. What did Miller say, how he came by it?</p>
<p>Ealing. He said of that nothing. I charged Spruce with bringing me a piece of sattin a little time before, he owned that he did bring it.</p>
<p>Q. Did Spruce own where he had it?</p>
<p>Ealing. No, he did not.</p>
<p>Q. to Prosecutor. When you saw the three prisoners at the bar before the Justice, whether Miller or Clay said where they had any of these goods, or whether they owned they had them of Spruce?</p>
<p>Prosecutor. I did not hear them own that.</p>
<p>Q. to Prosecutor. Did you hear the prisoner Spruce say in their hearing, that they had the goods of him?</p>
<p>Prosecutor. I heard him say that, but I do not recollect either of them was by at the time</p>
<p>Marks David. (I am a Jew) the prisoner Miller brought two pieces of blue silk, a piece of black, and a piece of pink colour to me, [ Producing them,] I bought them of him.</p>
<p>Prosecutor. These are my property.</p>
<p>Q. to David. What are you?</p>
<p>David. I am a taylor.</p>
<p>Q. Do you make cloaths for men or women?</p>
<p>David. For men.</p>
<p>Q. How came you to deal in such goods?</p>
<p>David. I make waistcoats generally of this sort of goods.</p>
<p>Q. What account did he give, when he came to you?</p>
<p>David. A very worthy man, a neighbour of mine, brought him to me.</p>
<p>Q. What is that man's name?</p>
<p>David. His name is
<persName id="t17610506-5-person85"> Henry Benjamin
<interp inst="t17610506-5-person85" type="surname" value="Benjamin"/>
<interp inst="t17610506-5-person85" type="given" value="Henry"/>
<interp inst="t17610506-5-person85" type="gender" value="male"/> </persName> .</p>
<p>Q. What did you give Miller for them?</p>
<p>David. I gave four shillings a yard for all of them, only one piece I gave three shillings and six-pence for.</p>
<p>Q. to Prosecutor. What is the value of them?</p>
<p>Prosecutor. One cost me five and ten-pence a yard, the black four shillings and eight-pence; the blue tabby six shillings, and the other eighteen shillings a yard; there are ten yards of that.</p>
<xptr type="pageFacsimile" doc="176105060012"/>
<persName id="t17610506-5-person86"> Henry Benjamin
<interp inst="t17610506-5-person86" type="surname" value="Benjamin"/>
<interp inst="t17610506-5-person86" type="given" value="Henry"/>
<interp inst="t17610506-5-person86" type="gender" value="male"/> </persName> . I do not know Miller, he came to my house, I had never seen him before; he wanted to sell me some remnants of silk, and I carried him to the last witness, he being a taylor, and it was a thing that I did not deal in.</p>
<p>Spruce's defence.</p>
<p>I have nothing in the world to say more than I have said; my master took the alamode out of my room, and I took it out of his shop.</p>
<p>Miller's defence.</p>
<p>Them silks I had of
<persName id="t17610506-5-person87"> Charles Spruce
<interp inst="t17610506-5-person87" type="surname" value="Spruce"/>
<interp inst="t17610506-5-person87" type="given" value="Charles"/>
<interp inst="t17610506-5-person87" type="gender" value="male"/> </persName> , but I never asked him which way he came by them, and he never told me.</p>
<p>Clay's defence.</p>
<p>I never saw these silks they speak of.</p>
<rs id="t17610506-5-verdict33" type="verdictDescription">
<interp inst="t17610506-5-verdict33" type="verdictCategory" value="guilty"/> Guilty </rs>
<rs id="t17610506-5-punish34" type="punishmentDescription">
<interp inst="t17610506-5-punish34" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-5-defend62 t17610506-5-punish34"/> Death </rs>, Miller and Clay
<rs id="t17610506-5-verdict35" type="verdictDescription">
<interp inst="t17610506-5-verdict35" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<rs id="t17610506-5-punish36" type="punishmentDescription">
<interp inst="t17610506-5-punish36" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-5-defend65 t17610506-5-punish36"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-5-defend67 t17610506-5-punish36"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
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<interp inst="t17610506-6" type="collection" value="BAILEY"/>
<interp inst="t17610506-6" type="year" value="1761"/>
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<p>162. (L.)
<persName id="t17610506-6-defend89" type="defendantName"> Richard Aaron
<interp inst="t17610506-6-defend89" type="surname" value="Aaron"/>
<interp inst="t17610506-6-defend89" type="given" value="Richard"/>
<interp inst="t17610506-6-defend89" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-6-off37" type="offenceDescription">
<interp inst="t17610506-6-off37" type="offenceCategory" value="theft"/>
<interp inst="t17610506-6-off37" type="offenceSubcategory" value="receiving"/> receiving a barrel of pitch, value 30 s. and four bolts of reeds, value 12 d. knowing them to have been stolen by
<persName id="t17610506-6-person90"> Thomas Triplet
<interp inst="t17610506-6-person90" type="surname" value="Triplet"/>
<interp inst="t17610506-6-person90" type="given" value="Thomas"/>
<interp inst="t17610506-6-person90" type="gender" value="male"/> </persName> </rs>, the property of
<persName id="t17610506-6-victim91" type="victimName"> Philip Alloway
<interp inst="t17610506-6-victim91" type="surname" value="Alloway"/>
<interp inst="t17610506-6-victim91" type="given" value="Philip"/>
<interp inst="t17610506-6-victim91" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-6-off37 t17610506-6-victim91"/> </persName> .*</p>
<p>John Hall produced the copy of the conviction of
<persName id="t17610506-6-person92"> Thomas Triplet
<interp inst="t17610506-6-person92" type="surname" value="Triplet"/>
<interp inst="t17610506-6-person92" type="given" value="Thomas"/>
<interp inst="t17610506-6-person92" type="gender" value="male"/> </persName> , which he deposed to be a true copy, having examined it with the record.</p>
<p>It is read in court, to this purport:</p>
<p>THAT at the sessions held on Tuesday the 13th of January last,
<persName id="t17610506-6-person93"> Thomas Triplet
<interp inst="t17610506-6-person93" type="surname" value="Triplet"/>
<interp inst="t17610506-6-person93" type="given" value="Thomas"/>
<interp inst="t17610506-6-person93" type="gender" value="male"/> </persName> , of the parish of Christ-church, Surry, was tried and convicted for stealing the goods laid in the indictment, and ordered to be whipped.</p>
<persName id="t17610506-6-person94"> Philip Alloway
<interp inst="t17610506-6-person94" type="surname" value="Alloway"/>
<interp inst="t17610506-6-person94" type="given" value="Philip"/>
<interp inst="t17610506-6-person94" type="gender" value="male"/> </persName> . I am a shipwright, and live by the water-side, in the parish of Christ-church, Surry, near the Old Bargehouse;
<persName id="t17610506-6-person95"> Thomas Triplet
<interp inst="t17610506-6-person95" type="surname" value="Triplet"/>
<interp inst="t17610506-6-person95" type="given" value="Thomas"/>
<interp inst="t17610506-6-person95" type="gender" value="male"/> </persName> worked for me many years, I have often seen the prisoner in my yard along with him, perhaps two or three times a week. I having lost many things, had a suspicion of Triplet. I missed one barrel of pitch in particular, in September or October last, and some bolts of reeds, from out of my yard. I went over to the prisoner's house on the other side of the water, and there I found my barrel of pitch concealed, and some bolts of reeds. I took up Triplet on the 15th of November last, being the day after I found them; Aaron said the pitch was brought there by Triplet between twelve and one at night, and if it was mine I was welcome to have it; he produced a receipt, and said he paid for it, and said he himself wrote the body of it, and Triplet put his name to it, (producing one) this is it.</p>
<p>It is read, to this purport.</p>
<p>Received, September 17, 1760, of
<persName id="t17610506-6-person96"> Richard Aaron
<interp inst="t17610506-6-person96" type="surname" value="Aaron"/>
<interp inst="t17610506-6-person96" type="given" value="Richard"/>
<interp inst="t17610506-6-person96" type="gender" value="male"/> </persName> , 1 l. 2 s. 6 d. for a barrel of pitch, 3 Cwt. tare 3 s. 9 d. deducted, 18 s. 9 d. &c.</p>
<p>Alloway. Triplet told me he paid but 10 s. 6 d. for the whole.</p>
<p>Q. What is the neat weight of the pitch on the receipt?</p>
<p>Alloway. It is 259 pounds; it cost me half a guinea a hundred-weight; 259 pounds was worth to me at that time 35 s. Triplet was tried and cast at the sessions in Surry for stealing it.</p>
<p>Q. How came Triplet to be ordered to be whipp'd, when the copy of the record mentions his being guilty of the indictment. The judgment of the court shews it to be but a petty larceny, that is, under a shilling value.</p>
<p>Hall. That I cannot account for, this is a true copy, there is not any value mentioned, only the word guilty.</p>
<persName id="t17610506-6-person97"> James Woolmer
<interp inst="t17610506-6-person97" type="surname" value="Woolmer"/>
<interp inst="t17610506-6-person97" type="given" value="James"/>
<interp inst="t17610506-6-person97" type="gender" value="male"/> </persName> . I was with Mr. Alloway when he found the pitch on the prisoner's premises; the prisoner proposed to come over to Mr. Alloway's the next day, but he absconded.</p>
<p>Prisoner's Defence.</p>
<p>I know nothing of its being stole, it was brought to my house between eleven and twelve o'clock, my servant took it in, the man told him it was a barrel of strong beer, and away he went; about three or four days after he came to me for the money, I asked him how he came to bring it at that time; he said he had it in his skiff, and fell in company a drinking, and as he had it on board, he was determined to bring it at night. I paid him 18 s. 9 d. for it. The tare was taken off, and he gave me a receipt.</p>
<p>For the Prisoner.</p>
<persName id="t17610506-6-person98"> John Nanthorn
<interp inst="t17610506-6-person98" type="surname" value="Nanthorn"/>
<interp inst="t17610506-6-person98" type="given" value="John"/>
<interp inst="t17610506-6-person98" type="gender" value="male"/> </persName> . I have known the prisoner upwards
<xptr type="pageFacsimile" doc="176105060013"/> of thirty years, I always looked upon him to be a very honest man. I was captain of an Indiaman some years ago, I have trusted him with some thousands of pounds, and would again was he clear.</p>
<persName id="t17610506-6-person99"> Isaac Kemp
<interp inst="t17610506-6-person99" type="surname" value="Kemp"/>
<interp inst="t17610506-6-person99" type="given" value="Isaac"/>
<interp inst="t17610506-6-person99" type="gender" value="male"/> </persName> . I am a wholesale tobacconist at Aldgate, I have known him near twenty years, I served my time at White Friars, where he lives, I have had connections with him near that time, I do not believe him to be guilty of the charge; I always looked upon him to be an honest man.</p>
<persName id="t17610506-6-person100"> William Barber
<interp inst="t17610506-6-person100" type="surname" value="Barber"/>
<interp inst="t17610506-6-person100" type="given" value="William"/>
<interp inst="t17610506-6-person100" type="gender" value="male"/> </persName> . I have known him about 20 years, I never knew or heard any ill of him, I always looked upon him to be a very honest man.</p>
<persName id="t17610506-6-person101"> Edward Halding
<interp inst="t17610506-6-person101" type="surname" value="Halding"/>
<interp inst="t17610506-6-person101" type="given" value="Edward"/>
<interp inst="t17610506-6-person101" type="gender" value="male"/> </persName> . I have known him upwards of twenty years, I never heard any thing amiss of him before this in all my life-time.</p>
<p>Care Stafford. I have known him twenty years or upwards, I have trusted him with many hundreds of pounds, he has discharged that trust very just and honest, I always heard the same of him. I trusted him last week with two hundred and fifty pounds worth of goods, and he discharged it honestly; his chief bread depends on me, and I shall employ him the same as ever was he clear; he was bailed, and surrendered himself now.</p>
<rs id="t17610506-6-verdict38" type="verdictDescription">
<interp inst="t17610506-6-verdict38" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
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<interp inst="t17610506-7" type="collection" value="BAILEY"/>
<interp inst="t17610506-7" type="year" value="1761"/>
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<p>163. (L.)
<persName id="t17610506-7-defend103" type="defendantName"> John Quincey
<interp inst="t17610506-7-defend103" type="surname" value="Quincey"/>
<interp inst="t17610506-7-defend103" type="given" value="John"/>
<interp inst="t17610506-7-defend103" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-7-off39" type="offenceDescription">
<interp inst="t17610506-7-off39" type="offenceCategory" value="theft"/>
<interp inst="t17610506-7-off39" type="offenceSubcategory" value="grandLarceny"/> stealing one pound eight ounces of singlo tea, value 7 s. </rs> the property of
<persName id="t17610506-7-victim104" type="victimName"> the United
<rs id="t17610506-7-viclabel40" type="occupation">Company of merchants of England trading to the East Indies</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-7-victim104 t17610506-7-viclabel40"/>
<interp inst="t17610506-7-victim104" type="surname" value="United"/>
<interp inst="t17610506-7-victim104" type="given" value="the"/>
<interp inst="t17610506-7-victim104" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-7-off39 t17610506-7-victim104"/> </persName> ,
<rs id="t17610506-7-cd41" type="crimeDate">April 2</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-7-off39 t17610506-7-cd41"/>.*</p>
<p>John Styles Mordan. I am an officer in the East-India house, the prisoner was employed as a
<rs id="t17610506-7-deflabel42" type="occupation">labourer</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-7-defend103 t17610506-7-deflabel42"/> in the warehouse; on the second of April he was shewing the teas out of the tubs. I was before my lord-mayor with him, and there heard him own that he had taken some of the company's tea.</p>
<persName id="t17610506-7-person105"> Joseph Adams
<interp inst="t17610506-7-person105" type="surname" value="Adams"/>
<interp inst="t17610506-7-person105" type="given" value="Joseph"/>
<interp inst="t17610506-7-person105" type="gender" value="male"/> </persName> . I am one of the company's elders, my business is to take care of the company's goods when they come in, and see them delivered out; the prisoner was employed as a labourer. On Thursday the second of April, when I was discharging the people that were employ'd in the company's warehouses, the prisoner at the bar came down (I being informed before that he had been clandestinely at work at the teas in the chests, and that he had concealed some in a bag in his breeches behind) when he came I searched him, as I usually do at going out, I rub them down as they call it; I said to the prisoner, What have you got here in your breeches? and put my hand between his thighs. He said a little tea. I ordered him to pull it out, and let me have it. He unbuttoned his breeches, and took it out, and gave it to me, and I delivered it to the king's officer, and took him into the compting-house, and sent for Mr. Mordan; we weighed the tea in the prisoner's presence, it weighed one pound eight ounces. I was before my lord mayor with the prisoner, the prisoner was charged with taking of it, and he owned he had been guilty of it.</p>
<persName id="t17610506-7-person106"> John Boulderston
<interp inst="t17610506-7-person106" type="surname" value="Boulderston"/>
<interp inst="t17610506-7-person106" type="given" value="John"/>
<interp inst="t17610506-7-person106" type="gender" value="male"/> </persName> . I was a labourer belonging to the company; on the second of April I saw the prisoner walk round the place where we were all at work; I walked after him, I saw him take tea out of several of the chests; I had often before told him he should never walk by himself, and so had other people; we were at this time making up the tea in the chests after the shew.</p>
<p>Q. What did the prisoner do with the tea you saw him take?</p>
<p>Boulderston. He put it in a bag, this was about nine in the morning, I let it alone till near two, then I informed Mr. Adams of what I had seen him do. When we went to go out I was next but one to the prisoner, I saw Mr. Adams search him; Mr. Adams ask'd him to give it to him, the prisoner took it out, and delivered it to him; it was afterwards weighed, and before my lord mayor he was charg'd with taking it, and he own'd he did take it, in my hearing, and said he was very sorry, and said he left it to his lordship's mercy, as well as the directors.</p>
<p>Prisoner's Defence.</p>
<p>I know nothing about it.</p>
<p>For the Prisoner.</p>
<persName id="t17610506-7-person107"> William Collingburn
<interp inst="t17610506-7-person107" type="surname" value="Collingburn"/>
<interp inst="t17610506-7-person107" type="given" value="William"/>
<interp inst="t17610506-7-person107" type="gender" value="male"/> </persName> . I have known the prisoner almost thirty years.</p>
<p>Q. What is his general character?</p>
<p>Collingburn. I never heard any ill of him before this in my life.</p>
<persName id="t17610506-7-person108"> John Williamson
<interp inst="t17610506-7-person108" type="surname" value="Williamson"/>
<interp inst="t17610506-7-person108" type="given" value="John"/>
<interp inst="t17610506-7-person108" type="gender" value="male"/> </persName> . I have known him between twelve and thirteen years, I always took him to be an honest man, I never heard the contrary in my life before this.</p>
<persName id="t17610506-7-person109"> Thomas Quinsey
<interp inst="t17610506-7-person109" type="surname" value="Quinsey"/>
<interp inst="t17610506-7-person109" type="given" value="Thomas"/>
<interp inst="t17610506-7-person109" type="gender" value="male"/> </persName> . I am second cousin to the prisoner, I have known him from a child, and have had dealings with him; he is a staymaker by trade; I have not heard the least ill of him in my life before.</p>
<persName id="t17610506-7-person110"> James Taylor
<interp inst="t17610506-7-person110" type="surname" value="Taylor"/>
<interp inst="t17610506-7-person110" type="given" value="James"/>
<interp inst="t17610506-7-person110" type="gender" value="male"/> </persName> . I have known him upwards of twenty years, I never heard his character brought in question before. I always looked upon him to be a very honest man.</p>
<xptr type="pageFacsimile" doc="176105060014"/>
<persName id="t17610506-7-person111"> Stephen Brampston
<interp inst="t17610506-7-person111" type="surname" value="Brampston"/>
<interp inst="t17610506-7-person111" type="given" value="Stephen"/>
<interp inst="t17610506-7-person111" type="gender" value="male"/> </persName> . I have known him about seventeen or eighteen years.</p>
<p>Q. Have you known him down to this time?</p>
<p>Brampston. I have.</p>
<p>Q. What has been his character?</p>
<p>Bramspston. I never heard any ill of him in my life before.</p>
<persName id="t17610506-7-person112"> Francis Williamson
<interp inst="t17610506-7-person112" type="surname" value="Williamson"/>
<interp inst="t17610506-7-person112" type="given" value="Francis"/>
<interp inst="t17610506-7-person112" type="gender" value="male"/> </persName> . I have known him seventeen years.</p>
<p>Q. What has been his character?</p>
<p>Williamson. This is the first time I have ever heard his character called in question, I always thought him to be a very honest man.</p>
<persName id="t17610506-7-person113"> John Deacon
<interp inst="t17610506-7-person113" type="surname" value="Deacon"/>
<interp inst="t17610506-7-person113" type="given" value="John"/>
<interp inst="t17610506-7-person113" type="gender" value="male"/> </persName> . I have known him ever since I knew myself, I never knew a dishonest thing of him in my life.</p>
<persName id="t17610506-7-person114"> Daniel Smith
<interp inst="t17610506-7-person114" type="surname" value="Smith"/>
<interp inst="t17610506-7-person114" type="given" value="Daniel"/>
<interp inst="t17610506-7-person114" type="gender" value="male"/> </persName> . I have known him about twelve years.</p>
<p>Q. What is his general character?</p>
<p>Smith. I never heard any harm of him before this. I served him with coals.</p>
<persName id="t17610506-7-person115"> William Fenton
<interp inst="t17610506-7-person115" type="surname" value="Fenton"/>
<interp inst="t17610506-7-person115" type="given" value="William"/>
<interp inst="t17610506-7-person115" type="gender" value="male"/> </persName> . I have known him between twenty and thirty years, he has been backwards and forwards at my house, and always behaved very honourable; he is a man of a very good character.</p>
<rs id="t17610506-7-verdict43" type="verdictDescription">
<interp inst="t17610506-7-verdict43" type="verdictCategory" value="guilty"/>
<interp inst="t17610506-7-verdict43" type="verdictSubcategory" value="theftunder1s"/> Guilty 10 d. </rs> </p>
<rs id="t17610506-7-punish44" type="punishmentDescription">
<interp inst="t17610506-7-punish44" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-7-defend103 t17610506-7-punish44"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
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<interp inst="t17610506-8" type="collection" value="BAILEY"/>
<interp inst="t17610506-8" type="year" value="1761"/>
<interp inst="t17610506-8" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-8" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-8-off45-c105" targOrder="Y" targets="t17610506-8-defend117 t17610506-8-off45 t17610506-8-verdict48"/>
<p>164. (M.)
<persName id="t17610506-8-defend117" type="defendantName"> William Smith
<interp inst="t17610506-8-defend117" type="surname" value="Smith"/>
<interp inst="t17610506-8-defend117" type="given" value="William"/>
<interp inst="t17610506-8-defend117" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-8-off45" type="offenceDescription">
<interp inst="t17610506-8-off45" type="offenceCategory" value="kill"/>
<interp inst="t17610506-8-off45" type="offenceSubcategory" value="murder"/> the wilful murder of
<persName id="t17610506-8-victim119" type="victimName"> William Alsop
<interp inst="t17610506-8-victim119" type="surname" value="Alsop"/>
<interp inst="t17610506-8-victim119" type="given" value="William"/>
<interp inst="t17610506-8-victim119" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-8-off45 t17610506-8-victim119"/> </persName> </rs>. He stood charged on the coroner's inquest for manslaughter,
<rs id="t17610506-8-cd46" type="crimeDate">March 24</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-8-off45 t17610506-8-cd46"/>. ++</p>
<persName id="t17610506-8-person120"> Richard Brown
<interp inst="t17610506-8-person120" type="surname" value="Brown"/>
<interp inst="t17610506-8-person120" type="given" value="Richard"/>
<interp inst="t17610506-8-person120" type="gender" value="male"/> </persName> . I did not know either the prisoner or Alsop by name, before I saw them on Easter Tuesday. Alsop was throwing at oranges, having got some before; he knocked down five, Smith the prisoner and several more were alongside of them, Smith took the oranges up, after that the deceased came up to the prisoner at the bar, and asked for his oranges; the prisoner had then only one in his hand as I saw; the prisoner said he would not give him the orange; he ask'd him again, and said he would have the orange; the other said he would not give it him, and gave him a chuck under the chin directly; the deceased put up with that, and asked him again for his orange; he answered he would not give it him, and hit him directly both with his right and left hand over his face; then the deceased hit him, and they both fell into the ditch together against a bank; after that the deceased got out of the ditch, and walked away about twenty yards from him, and the prisoner followed him, and dragg'd him back again; the prisoner had him by the waistcoat collar, and swore he should fight it out; when he came to the ditch side the mob lifted him over the bank, and Smith went after him, and the mob followed.</p>
<p>Q. Did Alsop go of his own accord?</p>
<p>Brown. No, they brought him back.</p>
<p>Q. What happened when they were in the field?</p>
<p>Brown. There was a ring beat out, Smith stripp'd to his skin, and Alsop stood with his waistcoat and apron on, he did not want to fight, he wanted to go home; they fought half an hour or more; after they had fought 4 or 5 and twenty minutes, the prisoner's second told him, if he did not mind to hit him a streight punch or two, he could never do for him, nor yet beat him.</p>
<p>Q. What is his name?</p>
<p>Brown. He goes by the name of
<persName id="t17610506-8-person121"> David Buck
<interp inst="t17610506-8-person121" type="surname" value="Buck"/>
<interp inst="t17610506-8-person121" type="given" value="David"/>
<interp inst="t17610506-8-person121" type="gender" value="male"/> </persName> . The deceased's second is named Chapman, a man that came there by chance.</p>
<p>Q. Did the prisoner hit him as he bid him?</p>
<p>Brown. He did, and the deceased died of his blow, he never arose any more.</p>
<p>Q. How long did they fight after the prisoner's second bid him hit him a streight punch?</p>
<p>Brown. They fought about two or three minutes after; Smith gave the deceased a blow under the car, and after that another under his nose, and with one of them blows he killed him. Buck was very active in backing the prisoner all the while.</p>
<p>Q. How old might the deceased be?</p>
<p>Brown. I take him to be about twenty years old.</p>
<p>Q. How old do you take the prisoner to be?</p>
<p>Brown. I take him to be about nineteen.</p>
<persName id="t17610506-8-person122"> Anne Brown
<interp inst="t17610506-8-person122" type="surname" value="Brown"/>
<interp inst="t17610506-8-person122" type="given" value="Anne"/>
<interp inst="t17610506-8-person122" type="gender" value="female"/> </persName> . I was in the field at the beginning of the quarrel, the deceased threw with me for oranges, the fourth throw he knocked down the oranges.</p>
<p>Q. Where was this?</p>
<p>A. Brown. This was in
<placeName id="t17610506-8-crimeloc47">Marybone-fields</placeName>
<interp inst="t17610506-8-crimeloc47" type="placeName" value="Marybone-fields"/>
<interp inst="t17610506-8-crimeloc47" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-8-off45 t17610506-8-crimeloc47"/>, behind the Angel, there was a good many more people, I did not see the prisoner take up the oranges; the deceased ran from me to take up the oranges, and I never saw any dispute, or blow struck. After that I saw Smith in his shirt, and said, For God's sake do not go to fight about the oranges, I will give you an orange or two myself, rather than you should fight; he swore he would fight it out, but I never saw them fight.</p>
<persName id="t17610506-8-person123"> John Sims
<interp inst="t17610506-8-person123" type="surname" value="Sims"/>
<interp inst="t17610506-8-person123" type="given" value="John"/>
<interp inst="t17610506-8-person123" type="gender" value="male"/> </persName> . I was in Marybone fields on Easter Tuesday, I saw young Alsop there, they fought, I saw the beginning of it; I saw Alsop slinging at oranges, and the prisoner pick them up; Alsop asked him for them, and Smith hit him two knocks on the face; Alsop ran away, and the
<xptr type="pageFacsimile" doc="176105060015"/> other after him, and flung him into a ditch; he got out of the ditch, and went away, and the other followed him twenty yards.</p>
<p>Q. Did one or both fall into the ditch?</p>
<p>Sims. I cannot say whether one or both were in the ditch, but I am sure Alsop was in it, and I believe the prisoner fell in too.</p>
<p>Q. How near was you at that time?</p>
<p>Sims. I was not four yards from them; Smith's cloaths were off, the other had only his frock off, when he was throwing at oranges; they fought after that, but I did not see the fight, I saw them go over a new bank into the field.</p>
<p>Q. Did you see Alsop strike the prisoner at all?</p>
<p>Sims. No, I did not.</p>
<persName id="t17610506-8-person124"> Edmund Price
<interp inst="t17610506-8-person124" type="surname" value="Price"/>
<interp inst="t17610506-8-person124" type="given" value="Edmund"/>
<interp inst="t17610506-8-person124" type="gender" value="male"/> </persName> . I was in Marybone-fields on Easter-Tuesday, they began the battle before I got into the field, they had two seconds, they were over-persuaded by their seconds to fight longer than they would have done, having both of them enough; they had several falls, the last fall but three the prisoner fell with his backside on the deceased's belly, and the deceased was never able to stand afterwards; I believe that fall killed him; his second, a coachman, lifted him up, and they called out for oranges for him to suck; after that they had not strength to carry a blow to do any mischief; the deceas'd was sick and dying all the time after that fall, though they had two falls; after that he died the last and third fall; there were two people there that bled him, an apothecary's apprentice and a life-guard man, but he bled but very little.</p>
<p>Q. Do you think the last blow did not hurt him?</p>
<p>Price. I do not think it came with force enough to hurt him.</p>
<p>Prisoner's Defence.</p>
<p>On Easter-Tuesday I was in Marybone-fields, I saw a mob, I ran to see what was the matter; I fell down, and the deceased gave me a kick; I got up, and laughed at him; upon that we fell a fighting, the men would not let us fight there, they pulled off his frock, and he jump'd upon a bank, and got into a field, and I went after him; they told me not to be afraid of him, and made a ring for us to fight, we fought near half an hour.</p>
<rs id="t17610506-8-verdict48" type="verdictDescription">
<interp inst="t17610506-8-verdict48" type="verdictCategory" value="guilty"/>
<interp inst="t17610506-8-verdict48" type="verdictSubcategory" value="manslaughter"/> Guilty of Manslaughter </rs>.</p>
<rs id="t17610506-8-punish49" type="punishmentDescription">
<interp inst="t17610506-8-punish49" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17610506-8-punish49" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-8-defend117 t17610506-8-punish49"/>
<note>[Branding. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-9">
<interp inst="t17610506-9" type="collection" value="BAILEY"/>
<interp inst="t17610506-9" type="year" value="1761"/>
<interp inst="t17610506-9" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-9" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-9-off51-c112" targOrder="Y" targets="t17610506-9-defend126 t17610506-9-off51 t17610506-9-verdict53"/>
<p>165. (L.)
<persName id="t17610506-9-defend126" type="defendantName"> Elizabeth Woodward
<interp inst="t17610506-9-defend126" type="surname" value="Woodward"/>
<interp inst="t17610506-9-defend126" type="given" value="Elizabeth"/>
<interp inst="t17610506-9-defend126" type="gender" value="female"/> </persName> ,
<rs id="t17610506-9-deflabel50" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-9-defend126 t17610506-9-deflabel50"/>, was indicted for
<rs id="t17610506-9-off51" type="offenceDescription">
<interp inst="t17610506-9-off51" type="offenceCategory" value="theft"/>
<interp inst="t17610506-9-off51" type="offenceSubcategory" value="grandLarceny"/> stealing five pair of mens shoes, value 4 s. </rs> the property of
<persName id="t17610506-9-victim128" type="victimName"> Charles Gale
<interp inst="t17610506-9-victim128" type="surname" value="Gale"/>
<interp inst="t17610506-9-victim128" type="given" value="Charles"/>
<interp inst="t17610506-9-victim128" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-9-off51 t17610506-9-victim128"/> </persName> ,
<rs id="t17610506-9-cd52" type="crimeDate">April 10</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-9-off51 t17610506-9-cd52"/>.~</p>
<persName id="t17610506-9-person129"> Charles Gale
<interp inst="t17610506-9-person129" type="surname" value="Gale"/>
<interp inst="t17610506-9-person129" type="given" value="Charles"/>
<interp inst="t17610506-9-person129" type="gender" value="male"/> </persName> . On April the 10th, near nine in the evening, I happened to go into my shop, and saw the prisoner taking some shoes off a shelf, she went out of the shop, I went and took hold of her, and she dropp'd the shoes about my feet, five pair and an odd shoe.</p>
<p>Q. Did you know the prisoner before?</p>
<p>Gale. No, she was quite a stranger, I took the prisoner to the watch-house.</p>
<p>Q. Was you with her before the justice?</p>
<p>Gale. I was; there in my hearing she own'd she took the shoes.</p>
<persName id="t17610506-9-person130"> Sarah Watkins
<interp inst="t17610506-9-person130" type="surname" value="Watkins"/>
<interp inst="t17610506-9-person130" type="given" value="Sarah"/>
<interp inst="t17610506-9-person130" type="gender" value="female"/> </persName> . I pick'd up eleven shoes a little way from the door, after the prisoner had dropp'd them.</p>
<p>Q. Did you see them fall?</p>
<p>S. Watkins. I did, from out of her apron.</p>
<persName id="t17610506-9-person131"> Philip Thacker
<interp inst="t17610506-9-person131" type="surname" value="Thacker"/>
<interp inst="t17610506-9-person131" type="given" value="Philip"/>
<interp inst="t17610506-9-person131" type="gender" value="male"/> </persName> . I am the constable; on the 10th of April Mr. Gale had the prisoner at the watch-house, he charged her with stealing eleven old shoes. He delivered them to me, and I have had them in my custody ever since. (Produced in Court.)</p>
<p>Prosecutor. These are my property.</p>
<p>Thacker. I was with her before the lord mayor, she was there charged with taking them, and she owned she did.</p>
<p>The prisoner said nothing in her defence.</p>
<rs id="t17610506-9-verdict53" type="verdictDescription">
<interp inst="t17610506-9-verdict53" type="verdictCategory" value="guilty"/>
<interp inst="t17610506-9-verdict53" type="verdictSubcategory" value="theftunder1s"/> Guilty 10 d. </rs> </p>
<rs id="t17610506-9-punish54" type="punishmentDescription">
<interp inst="t17610506-9-punish54" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-9-defend126 t17610506-9-punish54"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-10">
<interp inst="t17610506-10" type="collection" value="BAILEY"/>
<interp inst="t17610506-10" type="year" value="1761"/>
<interp inst="t17610506-10" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-10" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-10-off55-c117" targOrder="Y" targets="t17610506-10-defend133 t17610506-10-off55 t17610506-10-verdict58"/>
<p>166. (L.)
<persName id="t17610506-10-defend133" type="defendantName"> Mary Chambers
<interp inst="t17610506-10-defend133" type="surname" value="Chambers"/>
<interp inst="t17610506-10-defend133" type="given" value="Mary"/>
<interp inst="t17610506-10-defend133" type="gender" value="female"/> </persName> , was indicted for
<rs id="t17610506-10-off55" type="offenceDescription">
<interp inst="t17610506-10-off55" type="offenceCategory" value="theft"/>
<interp inst="t17610506-10-off55" type="offenceSubcategory" value="pettyLarceny"/> stealing one silk handkerchief, value 8 d. </rs> the property of
<persName id="t17610506-10-victim135" type="victimName"> John Dell
<interp inst="t17610506-10-victim135" type="surname" value="Dell"/>
<interp inst="t17610506-10-victim135" type="given" value="John"/>
<interp inst="t17610506-10-victim135" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-10-off55 t17610506-10-victim135"/> </persName> ,
<rs id="t17610506-10-cd56" type="crimeDate">April 11</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-10-off55 t17610506-10-cd56"/>.~</p>
<persName id="t17610506-10-person136"> John Dell
<interp inst="t17610506-10-person136" type="surname" value="Dell"/>
<interp inst="t17610506-10-person136" type="given" value="John"/>
<interp inst="t17610506-10-person136" type="gender" value="male"/> </persName> . On Saturday the eleventh of April I was coming down
<placeName id="t17610506-10-crimeloc57">Fleet-street</placeName>
<interp inst="t17610506-10-crimeloc57" type="placeName" value="Fleet-street"/>
<interp inst="t17610506-10-crimeloc57" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-10-off55 t17610506-10-crimeloc57"/>, and as I was standing by a print-shop, Mr. Crost said to me, Sir, your pocket is picked of a handkerchief; upon that, the prisoner hearing him say so, she took my handkerchief out of her pocket, and gave it to me, and said she pick'd it up from off the ground.</p>
<p>Q. Did you perceive her take it?</p>
<p>Dell. No, I did not; we took her before a magistrate, she there said she found it; Mr. Croft can give a farther account.</p>
<persName id="t17610506-10-person137"> Peter Croft
<interp inst="t17610506-10-person137" type="surname" value="Croft"/>
<interp inst="t17610506-10-person137" type="given" value="Peter"/>
<interp inst="t17610506-10-person137" type="gender" value="male"/> </persName> . On Saturday the eleventh of April, between four and five o'clock in the afternoon, I was in Fleet-street, Mr. Dell was standing at a print-shop a little on this side Serjeants-inn; I saw the prisoner go over from the other side the way, and go to the prosecutor, and push against him, and take a handkerchief out of his pocket, and put it into a pocket of her own, under her apron. I went and said to him, Sir, you have lost a handkerchief; he at that time did not know of it; we went to the prisoner, and I said I saw
<xptr type="pageFacsimile" doc="176105060016"/> her take a handkerchief out of the gentleman's pocket. She then delivered it to him.</p>
<p>Prisoner's defence.</p>
<p>I found the handkerchief.</p>
<rs id="t17610506-10-verdict58" type="verdictDescription">
<interp inst="t17610506-10-verdict58" type="verdictCategory" value="guilty"/>
<interp inst="t17610506-10-verdict58" type="verdictSubcategory" value="theftunder1s"/> Guilty. 10 d. </rs> </p>
<p>There was another indictment against her for a crime of the same nature.</p>
<rs id="t17610506-10-punish59" type="punishmentDescription">
<interp inst="t17610506-10-punish59" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-10-defend133 t17610506-10-punish59"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-11">
<interp inst="t17610506-11" type="collection" value="BAILEY"/>
<interp inst="t17610506-11" type="year" value="1761"/>
<interp inst="t17610506-11" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-11" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-11-off60-c121" targOrder="Y" targets="t17610506-11-defend139 t17610506-11-off60 t17610506-11-verdict62"/>
<persName id="t17610506-11-defend139" type="defendantName"> William Tinkler
<interp inst="t17610506-11-defend139" type="surname" value="Tinkler"/>
<interp inst="t17610506-11-defend139" type="given" value="William"/>
<interp inst="t17610506-11-defend139" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-11-off60" type="offenceDescription">
<interp inst="t17610506-11-off60" type="offenceCategory" value="theft"/>
<interp inst="t17610506-11-off60" type="offenceSubcategory" value="pettyLarceny"/> stealing 5 lb. weight of tobacco, value 6 d. </rs> the property of
<persName id="t17610506-11-victim141" type="victimName"> John Bland
<interp inst="t17610506-11-victim141" type="surname" value="Bland"/>
<interp inst="t17610506-11-victim141" type="given" value="John"/>
<interp inst="t17610506-11-victim141" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-11-off60 t17610506-11-victim141"/> </persName> ,
<rs id="t17610506-11-cd61" type="crimeDate">April 24</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-11-off60 t17610506-11-cd61"/>.</p>
<p>The prosecutor did not appear, his recognizance was ordered to be estreated.</p>
<rs id="t17610506-11-verdict62" type="verdictDescription">
<interp inst="t17610506-11-verdict62" type="verdictCategory" value="notGuilty"/>
<interp inst="t17610506-11-verdict62" type="verdictSubcategory" value="noProsecutor"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17610506-12">
<interp inst="t17610506-12" type="collection" value="BAILEY"/>
<interp inst="t17610506-12" type="year" value="1761"/>
<interp inst="t17610506-12" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-12" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-12-off64-c123" targOrder="Y" targets="t17610506-12-defend143 t17610506-12-off64 t17610506-12-verdict66"/>
<p>168. (M)
<persName id="t17610506-12-defend143" type="defendantName"> Eleanor Middleditch
<interp inst="t17610506-12-defend143" type="surname" value="Middleditch"/>
<interp inst="t17610506-12-defend143" type="given" value="Eleanor"/>
<interp inst="t17610506-12-defend143" type="gender" value="female"/> </persName> ,
<rs id="t17610506-12-deflabel63" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-12-defend143 t17610506-12-deflabel63"/>, was indicted for
<rs id="t17610506-12-off64" type="offenceDescription">
<interp inst="t17610506-12-off64" type="offenceCategory" value="theft"/>
<interp inst="t17610506-12-off64" type="offenceSubcategory" value="grandLarceny"/> stealing 10 yards of blond lace, value 39 s. </rs> the property of
<persName id="t17610506-12-victim145" type="victimName"> Samuel Wilkinson
<interp inst="t17610506-12-victim145" type="surname" value="Wilkinson"/>
<interp inst="t17610506-12-victim145" type="given" value="Samuel"/>
<interp inst="t17610506-12-victim145" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-12-off64 t17610506-12-victim145"/> </persName> ,
<rs id="t17610506-12-cd65" type="crimeDate">April 9</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-12-off64 t17610506-12-cd65"/>.~</p>
<persName id="t17610506-12-person146"> Samuel Wilkinson
<interp inst="t17610506-12-person146" type="surname" value="Wilkinson"/>
<interp inst="t17610506-12-person146" type="given" value="Samuel"/>
<interp inst="t17610506-12-person146" type="gender" value="male"/> </persName> . On Wednesday, the 8th of April, some blond lace was missing from out of our shop. I mistrusted the prisoner had taken it.</p>
<p>Q. Was the prisoner a servant of yours?</p>
<p>Wilkinson. No. She was a stranger that had been in the shop when it was lost. I took her up on the Saturday following, and charged her with taking it, and she said she found it.</p>
<persName id="t17610506-12-person147"> Jane Miller
<interp inst="t17610506-12-person147" type="surname" value="Miller"/>
<interp inst="t17610506-12-person147" type="given" value="Jane"/>
<interp inst="t17610506-12-person147" type="gender" value="female"/> </persName> . The prisoner at the bar came into a shop in Carnaby-market, where I happened to be, and fell a crying, and said she had a piece of lace that she had been obliged to pawn, being in distress, and wanted to sell it. I asked her where it was; she told me it was pawned to one Mr. Johnson by St. Ann's church. I went with her there. She swore many bitter oaths that she found it. I bought it out of pawn. I asked the pawnbroker whether she knew her, or whether she was an honest person; she said, yes, she was. After that, as I was going by my Mr. Wilkinson's shop I saw some lace of the same pattern hanging in the window; I asked what that lace was per yard, the woman said 8 s. and that a woman came in and had stole the fellow-piece to it; then I said I am afraid I have got it.</p>
<p>Q. What did you give the prisoner for it?</p>
<p>J. Miller. I gave her 5 s. 1 d. for the whole.</p>
<p>Q. Are you a judge of the value of lace?</p>
<p>J. Miller. I am not a judge of that.</p>
<p>Prisoner. She has spoke the truth.</p>
<persName id="t17610506-12-person148"> Henry Gear
<interp inst="t17610506-12-person148" type="surname" value="Gear"/>
<interp inst="t17610506-12-person148" type="given" value="Henry"/>
<interp inst="t17610506-12-person148" type="gender" value="male"/> </persName> . I took some lace of the prisoner at the bar on the 9th of April. [ Produced in court, and deposed to by the prosecutor.]</p>
<p>Q. What are you?</p>
<p>Gear. I am a pawnbroker.</p>
<p>Q. What did you lend her upon it?</p>
<p>Gear. I lent her 3 s. upon one piece, and 1 s. upon the other.</p>
<p>Q. Did you know the prisoner before?</p>
<p>Gear. I have known her a year and half. The prosecutor and the last witness came to me on the 10th, and he told me I must go with him to justice Welch's. I went with them. We could not find the prisoner till the Monday following; then she was brought there. She at first said she found it, but afterwards she owned she took it out of Mr. Wilkinson's shop.</p>
<p>Prisoner's defence.</p>
<p>I found the lace in a piece of new's-paper, and took it to his shop and pledged it. I found it in St. James's-street.</p>
<p>Q. to J. Miller. How much is there of it?</p>
<p>J. Miller. There is very near 10 yards of it.</p>
<p>Q. to Wilkinson. What is it worth a yard?</p>
<p>Wilkinson. It is worth 6 s. a yard.</p>
<p>J. Miller. I asked the pawnbroker the value of it, and he said he would lend her but very little more upon it.</p>
<rs id="t17610506-12-verdict66" type="verdictDescription">
<interp inst="t17610506-12-verdict66" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<rs id="t17610506-12-punish67" type="punishmentDescription">
<interp inst="t17610506-12-punish67" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-12-defend143 t17610506-12-punish67"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-13">
<interp inst="t17610506-13" type="collection" value="BAILEY"/>
<interp inst="t17610506-13" type="year" value="1761"/>
<interp inst="t17610506-13" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-13" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-13-off68-c128" targOrder="Y" targets="t17610506-13-defend150 t17610506-13-off68 t17610506-13-verdict71"/>
<p>169. (M.)
<persName id="t17610506-13-defend150" type="defendantName"> James Head
<interp inst="t17610506-13-defend150" type="surname" value="Head"/>
<interp inst="t17610506-13-defend150" type="given" value="James"/>
<interp inst="t17610506-13-defend150" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-13-off68" type="offenceDescription">
<interp inst="t17610506-13-off68" type="offenceCategory" value="theft"/>
<interp inst="t17610506-13-off68" type="offenceSubcategory" value="grandLarceny"/> stealing half a guinea </rs>, the property of
<persName id="t17610506-13-victim152" type="victimName"> Francis Irwin
<interp inst="t17610506-13-victim152" type="surname" value="Irwin"/>
<interp inst="t17610506-13-victim152" type="given" value="Francis"/>
<interp inst="t17610506-13-victim152" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-13-off68 t17610506-13-victim152"/> </persName> ,
<rs id="t17610506-13-cd69" type="crimeDate">April 16</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-13-off68 t17610506-13-cd69"/>.~</p>
<persName id="t17610506-13-person153"> Francis Irwin
<interp inst="t17610506-13-person153" type="surname" value="Irwin"/>
<interp inst="t17610506-13-person153" type="given" value="Francis"/>
<interp inst="t17610506-13-person153" type="gender" value="male"/> </persName> . The prisoner was my
<rs id="t17610506-13-deflabel70" type="occupation">journeyman</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-13-defend150 t17610506-13-deflabel70"/>. I had some suspicion of his dishonesty; and, to try whether my suspicion was justly grounded, I delivered four half-guineas, two to Mr. Nightingale, one to Mr. Higgins, and another to another person, for them to send to my shop for goods. They were marked. I went out about 7 in the morning, and returned about 3. This was on the 16th of April. Then I went to the drawer, and found but three half guineas, and about half a guinea in silver. Knowing they had been all sent, I went to Mr. Welch to know what I must do. He granted me a warrant. I took a constable with me, and called in at Mr. Higgins's. We went home together. I called the prisoner out of the shop into the back shop, and asked him how many half guineas he had taken while I was out? he said, he could not tell. He had put the three in a paper in the till. I said, here is but three in the paper, and I know of four coming. I bid him search his pockets and see, may be you by mistake may have put it in your
<xptr type="pageFacsimile" doc="176105060017"/> pocket. He said he had no money in his pocket. I said I insisted upon searching of him. The constable then searched, and took out of his pocket two half guineas and two shillings. One of the half guineas I knew directly. [ Produced in court.] Here is my mark upon it very plain.</p>
<p>Q. What sort of a mark was it.</p>
<p>Irwin. It was a scratch with an awl under the head. I marked it in the presence of Mr. Higgins, and desired he would send it to my shop for some goods. The prisoner stood it out some time, and at last acknowledged they were both my half guineas.</p>
<p>Q. What shop do you keep?</p>
<p>Irwin. I keep a grocer's shop, and live in Norris's-street, St. James's market.</p>
<persName id="t17610506-13-person154"> Paul Higgins
<interp inst="t17610506-13-person154" type="surname" value="Higgins"/>
<interp inst="t17610506-13-person154" type="given" value="Paul"/>
<interp inst="t17610506-13-person154" type="gender" value="male"/> </persName> . Mr. Irwin came to my shop, and told me he had some reason to suspect his servant, the prisoner at the bar, in point of honesty. He took half a guinea out of his pocket, and marked it, and delivered it to me, and desired I would send it to his shop for some goods. I sent it for some sugar, coffee, and other things, which amounted to 10 s. 3 d. After that Mr. Irwin came again, and I went with him. He took the prisoner backwards, and examined him with a good deal of candour and lenity, and desired to know if he had taken any more than he had found in the till. The prisoner said, no, he had not. - Are you sure of it? - He was. - Have you none in your pocket? - No. - Search. - I am sure I have no more. - If you will not search the constable must. Then the prisoner took out two half guineas from his pocket, and laid them down on the table. Mr. Irwin took them up, and shewed one to me, and said, Do you know this half-guinea? I said, Yes, I do; this is the half guinea that you marked, and gave to me to send to your shop. The prisoner was taken before justice Welch, there he confessed it was his master's money.</p>
<p>Q. Who did you deliver the half guinea to, to be carried to the prosecutor's shop?</p>
<p>Higgins. To an ale-house-boy next door to me. His name is Joseph; I don't know his other name.</p>
<p>Q. Is he here?</p>
<p>Higgins. No, he is not. I had the tea and things, to the value of 10 s. 3 d. and the change; and this I know to be the half guinea I sent.</p>
<p>The constable confirmed the former testimony; that of finding the money, and the prisoner's confession.</p>
<p>Prisoner's defence.</p>
<p>I own I inadvertently took the half guinea laid to my charge. I served my master an apprenticeship duly and truly. When I did this fact I had upwards of 12 l. due to me, and when I received that I did intend to account for it. I humbly implore mercy.</p>
<p>For the prisoner.</p>
<persName id="t17610506-13-person155"> Thomas Shield
<interp inst="t17610506-13-person155" type="surname" value="Shield"/>
<interp inst="t17610506-13-person155" type="given" value="Thomas"/>
<interp inst="t17610506-13-person155" type="gender" value="male"/> </persName> . I have known the prisoner above 17 years.</p>
<p>Q. What is his general character?</p>
<p>Shield. It has been very good.</p>
<p>Q. How old is he?</p>
<p>Shield. I can't tell that.</p>
<persName id="t17610506-13-person156"> Luke Jones
<interp inst="t17610506-13-person156" type="surname" value="Jones"/>
<interp inst="t17610506-13-person156" type="given" value="Luke"/>
<interp inst="t17610506-13-person156" type="gender" value="male"/> </persName> . I have known him about 9 or 10 years.</p>
<p>Q. How has he behaved?</p>
<p>Jones. Ever since I have known him he has had a very good character, and been well respected.</p>
<rs id="t17610506-13-verdict71" type="verdictDescription">
<interp inst="t17610506-13-verdict71" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<rs id="t17610506-13-punish72" type="punishmentDescription">
<interp inst="t17610506-13-punish72" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-13-defend150 t17610506-13-punish72"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-14">
<interp inst="t17610506-14" type="collection" value="BAILEY"/>
<interp inst="t17610506-14" type="year" value="1761"/>
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<p>170. (M.)
<persName id="t17610506-14-defend158" type="defendantName"> John Brett
<interp inst="t17610506-14-defend158" type="surname" value="Brett"/>
<interp inst="t17610506-14-defend158" type="given" value="John"/>
<interp inst="t17610506-14-defend158" type="gender" value="male"/> </persName> ,
<rs id="t17610506-14-deflabel73" type="occupation">gentleman</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-14-defend158 t17610506-14-deflabel73"/>, was indicted for
<rs id="t17610506-14-off74" type="offenceDescription">
<interp inst="t17610506-14-off74" type="offenceCategory" value="deception"/>
<interp inst="t17610506-14-off74" type="offenceSubcategory" value="forgery"/> feloniously forging a bill of exchange, with the name Richard Horton thereunto subscribed, purporting to bare date the
<rs id="t17610506-14-cd75" type="crimeDate">13th of March, 1761</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-14-off74 t17610506-14-cd75"/>. Drawn upon
<persName id="t17610506-14-victim159" type="victimName"> Mess. Frazier, Wharton and Mullison
<interp inst="t17610506-14-victim159" type="surname" value="Frazier"/>
<interp inst="t17610506-14-victim159" type="given" value="Mess."/>
<interp inst="t17610506-14-victim159" type="gender" value="male"/> </persName> ,
<rs id="t17610506-14-viclabel76" type="occupation">merchants</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-14-victim159 t17610506-14-viclabel76"/>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-14-victim161 t17610506-14-viclabel76"/>, for the payment of 50 l. payable to
<persName id="t17610506-14-person160"> William Huggins
<interp inst="t17610506-14-person160" type="surname" value="Huggins"/>
<interp inst="t17610506-14-person160" type="given" value="William"/>
<interp inst="t17610506-14-person160" type="gender" value="male"/> </persName> , and for publishing it, with intent to defraud the said Frazier, Wharton, and Mullison. </rs> It was laid also for publishing the same, with intent to defraud
<persName id="t17610506-14-victim161" type="victimName"> Walter Pringle
<interp inst="t17610506-14-victim161" type="surname" value="Pringle"/>
<interp inst="t17610506-14-victim161" type="given" value="Walter"/>
<interp inst="t17610506-14-victim161" type="gender" value="male"/> </persName> .*</p>
<p>Mr. Mullison. I am partner with Frazier and Wharton. On the 16th of March, at noon, this letter was brought from the post-office, with others (producing a letter) it is purporting to be a letter of credit in favour of
<persName id="t17610506-14-person162"> Richard Horton
<interp inst="t17610506-14-person162" type="surname" value="Horton"/>
<interp inst="t17610506-14-person162" type="given" value="Richard"/>
<interp inst="t17610506-14-person162" type="gender" value="male"/> </persName> , from
<persName id="t17610506-14-person163"> Walter Pringle
<interp inst="t17610506-14-person163" type="surname" value="Pringle"/>
<interp inst="t17610506-14-person163" type="given" value="Walter"/>
<interp inst="t17610506-14-person163" type="gender" value="male"/> </persName> , of St. Christopher's, for a thousand guineas. Mr. Pringle is a correspondent of ours, and draws bills upon us, and frequently sends letters of credit for others. We perused the letter, and at first I thought it a real one, only we were surprized Mr. Pringle did not write the letter with his own hand, as he always was wont to do. We were likewise surprized that the person in whose favour this was, should not have delivered it himself, to let us know he was the real person; besides, there was no pocket then arrived from the West-indies, nor no ship, by which this letter might come, that we had heard of; and, upon finding it was delivered in on the Saturday before, we suspected it to be a forgery, and determined not to answer any bills in consequence of it. On Saturday, the 21st of March, while we
<xptr type="pageFacsimile" doc="176105060018"/> were at 'Change, a bill was left for 50 l. drawn in the name of
<persName id="t17610506-14-person164"> Richard Horton
<interp inst="t17610506-14-person164" type="surname" value="Horton"/>
<interp inst="t17610506-14-person164" type="given" value="Richard"/>
<interp inst="t17610506-14-person164" type="gender" value="male"/> </persName> , payable to
<persName id="t17610506-14-person165"> William Huggins
<interp inst="t17610506-14-person165" type="surname" value="Huggins"/>
<interp inst="t17610506-14-person165" type="given" value="William"/>
<interp inst="t17610506-14-person165" type="gender" value="male"/> </persName> in 20 days sight. This is the bill. (Producing one.) I did not know then who left it. We desired the clerk when the person came for the bill again to stop him. On Monday the 23d of March, Mr. Huggins called for it. I saw him. I asked him how he came by the bill; he said, a gentleman had come to his shop the preceding week, and had looked out 12 pair of silk stockings, and told him he had no money; and produced this bill as payment, and desired to have the rest in cash. He told me, he observed to him the bill was not accepted. I asked Mr. Huggins who he was; he told me, and where he lived. I told him the bill would not be accepted till we saw Mr. Horton. He left the bill with me. About an hour or two after I went and found him in his shop, and found him to be the man he told me he was. There were a number of people in his shop with him He desired I would step into the parlour. I did. When I came out again, I asked him if he had seen the gentleman that brought the bill; he said the gentleman had been in the shop since I came in, and was just gone out. I said I wished he had told me of it. I staid half an hour or more, and told Mr. Huggins my suspicions of a forgery, and desired if that gentleman came again, he might be stopped on that account. Then I went away. The next day at noon we received a note from Mr. Huggins, to inform us a messenger had been there to inquire for the bill; in consequence of that note, we went up to Mr. Huggins's house about half an hour after five o'clock. This was on Tuesday. We applied for an officer to apprehend the person that brought the bill, in case he should come. We waited there till near 12 at night, no one appeared. Mr. Huggins told us perhaps the gentleman would come the next day at noon, being his usual time. We had an officer there the next day; then the prisoner at the bar came, and we apprehended him. I attended his examination before justice Fielding. He there acknowledged that both the letter of credit and the bill were forged.</p>
<p>Q. Did he say who forged them?</p>
<p>Mullison. He said,
<persName id="t17610506-14-person166"> Richard Horton
<interp inst="t17610506-14-person166" type="surname" value="Horton"/>
<interp inst="t17610506-14-person166" type="given" value="Richard"/>
<interp inst="t17610506-14-person166" type="gender" value="male"/> </persName> , purser of the Arundel, had forged the letter of credit from an original letter of
<persName id="t17610506-14-person167"> Walter Pringle
<interp inst="t17610506-14-person167" type="surname" value="Pringle"/>
<interp inst="t17610506-14-person167" type="given" value="Walter"/>
<interp inst="t17610506-14-person167" type="gender" value="male"/> </persName> 's, and forged the name
<persName id="t17610506-14-person168"> Walter Pringle
<interp inst="t17610506-14-person168" type="surname" value="Pringle"/>
<interp inst="t17610506-14-person168" type="given" value="Walter"/>
<interp inst="t17610506-14-person168" type="gender" value="male"/> </persName> to it. He said, the bill of exchange was wrote by his own servant, named
<persName id="t17610506-14-person169"> James Sunmore
<interp inst="t17610506-14-person169" type="surname" value="Sunmore"/>
<interp inst="t17610506-14-person169" type="given" value="James"/>
<interp inst="t17610506-14-person169" type="gender" value="male"/> </persName> , from a copy laid before him of his that is, the prisoner's, hand-writing, and that the servant had done this, knowing it was intended to defraud. Accordingly warrants were issued out against Horton, and the servant; Sunmore surrendered himself that night, I saw him. Horton was apprehended the next day, and we were sent for to be present at his examination before justice Fielding. They were committed in custody that evening, and both examined the next morning. I was present, the prisoner was there, Horton produced several gentlemen to his character, and denied the fact; and said, he had never seen Mr. Brett since he had been in England. The servant said, he had wrote the bill of exchange, name and all; and that his master, the prisoner, had frequently laid bills and writings before him, in order to copy, and he copied them according to his order. Afterwards the prisoner acknowledged they were both innocent; but he did say, that his servant Sunmore was not intirely so. That Sunmore knew it to be done with intention to defraud</p>
<p>Q. In whose favour?</p>
<p>Mullison. In favour of the prisoner; at first he said, Sunmore was to have some of the money; but at last, he did not insist upon it. Mr. Fielding asked him, whether they were guilty or innocent, he said, they were both innocent. He said one Bowman, a clerk, had wrote the body of the letter (whom he had hired) from a copy given him for that purpose; but said nothing as to the name signed in the letter.</p>
<p>The Letter read to this purport.</p>
<p>Directed to Mess. Frazier, Wharton and Mullison, merchants in London.</p>
<p>St. Christopher's, Jan, 7, 1761.</p>
<p>"This goes by a St. Eustatia, by one Mr.</p>
<persName id="t17610506-14-person170"> Richard Horton
<interp inst="t17610506-14-person170" type="surname" value="Horton"/>
<interp inst="t17610506-14-person170" type="given" value="Richard"/>
<interp inst="t17610506-14-person170" type="gender" value="male"/> </persName> , a purser of a man of war,</p>
<p>"whose bills upon you, to the amount of one</p>
<p>"thousand guineas sterling, I must request the</p>
<p>"favour of you to honour, and you may depend</p>
<p>"that I shall soon send you proper remittances</p>
<p>"on that account. I have no more</p>
<p>"to add at present, but to desire you will be</p>
<p>"kind enough to comply with this, as it will</p>
<p>"not only be of service to him, but to myself</p>
<p>"likewise; and in so doing, you will very much</p>
<p>"oblige your humble servant,"</p>
<persName id="t17610506-14-person171"> WALTER PRINGLE
<interp inst="t17610506-14-person171" type="surname" value="PRINGLE"/>
<interp inst="t17610506-14-person171" type="given" value="WALTER"/>
<interp inst="t17610506-14-person171" type="gender" value="male"/> </persName> .</p>
<xptr type="pageFacsimile" doc="176105060019"/>The bill read to this purport.</p>
<p>March 18, 1761.</p>
<p>'Twenty days after fight, please to pay to</p>
<persName id="t17610506-14-person172"> William Huggins
<interp inst="t17610506-14-person172" type="surname" value="Huggins"/>
<interp inst="t17610506-14-person172" type="given" value="William"/>
<interp inst="t17610506-14-person172" type="gender" value="male"/> </persName> or order, 50 l. and</p>
<p>'charge the same to account of
<persName id="t17610506-14-person173"> Walter Pringle
<interp inst="t17610506-14-person173" type="surname" value="Pringle"/>
<interp inst="t17610506-14-person173" type="given" value="Walter"/>
<interp inst="t17610506-14-person173" type="gender" value="male"/> </persName> ,</p>
<p>'Esq; of St. Christopher's; merchant, as per</p>
<p>'advise you will find by letter of credit in my</p>
<p>'favour, by
<persName id="t17610506-14-person174"> Walter Pringle
<interp inst="t17610506-14-person174" type="surname" value="Pringle"/>
<interp inst="t17610506-14-person174" type="given" value="Walter"/>
<interp inst="t17610506-14-person174" type="gender" value="male"/> </persName> .</p>
<persName id="t17610506-14-person175"> RICHARD HORTON
<interp inst="t17610506-14-person175" type="surname" value="HORTON"/>
<interp inst="t17610506-14-person175" type="given" value="RICHARD"/>
<interp inst="t17610506-14-person175" type="gender" value="male"/> </persName> .</p>
<p>Directed to Mess. Frazier, Wharton and Mullison, merchants in London.</p>
<p>Prisoner. I beg to alter my plea, and plead guilty. I had not brought it to trial, but should have pleaded guilty to the indictment when arraigned, if I had not been ill advised by my attorney; and as I now plead guilty. I hope the honourable court will give me leave to withdraw my plead. I will not give the court any trouble to prove the name
<persName id="t17610506-14-person176"> Richard Horton
<interp inst="t17610506-14-person176" type="surname" value="Horton"/>
<interp inst="t17610506-14-person176" type="given" value="Richard"/>
<interp inst="t17610506-14-person176" type="gender" value="male"/> </persName> not to be his hand-writing. I have nothing to say, but to plead guilty.</p>
<rs id="t17610506-14-verdict77" type="verdictDescription">
<interp inst="t17610506-14-verdict77" type="verdictCategory" value="guilty"/> Guilty </rs>
<rs id="t17610506-14-punish78" type="punishmentDescription">
<interp inst="t17610506-14-punish78" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-14-defend158 t17610506-14-punish78"/> Death </rs>.</p> </div1>
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<interp inst="t17610506-15" type="collection" value="BAILEY"/>
<interp inst="t17610506-15" type="year" value="1761"/>
<interp inst="t17610506-15" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-15" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-15-off79-c153" targOrder="Y" targets="t17610506-15-defend178 t17610506-15-off79 t17610506-15-verdict81"/>
<join result="criminalCharge" id="t17610506-15-off79-c154" targOrder="Y" targets="t17610506-15-defend179 t17610506-15-off79 t17610506-15-verdict81"/>
<p>171, 172. (M.)
<persName id="t17610506-15-defend178" type="defendantName"> David Morgan
<interp inst="t17610506-15-defend178" type="surname" value="Morgan"/>
<interp inst="t17610506-15-defend178" type="given" value="David"/>
<interp inst="t17610506-15-defend178" type="gender" value="male"/> </persName> , and
<persName id="t17610506-15-defend179" type="defendantName"> William Dupuy
<interp inst="t17610506-15-defend179" type="surname" value="Dupuy"/>
<interp inst="t17610506-15-defend179" type="given" value="William"/>
<interp inst="t17610506-15-defend179" type="gender" value="male"/> </persName> , were indicted, for
<rs id="t17610506-15-off79" type="offenceDescription">
<interp inst="t17610506-15-off79" type="offenceCategory" value="violentTheft"/>
<interp inst="t17610506-15-off79" type="offenceSubcategory" value="highwayRobbery"/> that they, on
<persName id="t17610506-15-victim181" type="victimName"> Ralph Dobinson
<interp inst="t17610506-15-victim181" type="surname" value="Dobinson"/>
<interp inst="t17610506-15-victim181" type="given" value="Ralph"/>
<interp inst="t17610506-15-victim181" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-15-off79 t17610506-15-victim181"/> </persName> , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, gilt, value 40 s. and one 36 shilling piece of gold, the property of the said Ralph, against his will </rs>,
<rs id="t17610506-15-cd80" type="crimeDate">April 8</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-15-off79 t17610506-15-cd80"/>.*</p>
<persName id="t17610506-15-person182"> Ralph Waayne
<interp inst="t17610506-15-person182" type="surname" value="Waayne"/>
<interp inst="t17610506-15-person182" type="given" value="Ralph"/>
<interp inst="t17610506-15-person182" type="gender" value="male"/> </persName> . Since I have been confined in Newgate, to be an evidence here, Mrs. Degoe, a prisoner, has given me a stab in my side.</p>
<p>Q. Were any of the prisoner's present?</p>
<p>Wayne. They were not.</p>
<p>Q. Do you look upon it to be done by their instigation?</p>
<p>Wayne. I cannot say it was.</p>
<p>Q. When did you first become acquainted with the prisoners?</p>
<p>Wayne. I became acquainted with Mr. Dupuy about the 6th of February last, and with Morgan the latter end of that month. We were several times together at
<persName id="t17610506-15-person183"> Bob Derry
<interp inst="t17610506-15-person183" type="surname" value="Derry"/>
<interp inst="t17610506-15-person183" type="given" value="Bob"/>
<interp inst="t17610506-15-person183" type="gender" value="male"/> </persName> 's.</p>
<p>Q. Where is that?</p>
<p>Wayne. It is a house in Charles-street, Covent-garden, a very bad house.</p>
<p>Q. Give an account what happened on the eighth of October?</p>
<p>Wayne. On the eighth of October, about two o'clock, or between two and three, the two prisoners and I all set out from Morgan's cousin's in the city. We had not money enough to buy pistols, Dupuy pawn'd my coat to a pawnbroker, Morgan and I staid at a publick-house the while in St. Paul's Church-yard. I sold a bible in Fleet-street, to a bookseller, on the right hand side, which made 12 s. we went up Holbourn, and on Holbourn-hill Dupuy bought a pistol for 5 s. of a man that kept a little stall in the street, and at a cloath's shop on the other side of Red-lion-street, in Holbourn, Morgan bought another pistol, I laid down the money for it, that cost 5 s.</p>
<p>Q. Where was Dupuy at that time?</p>
<p>Wayne. He was then with us in the shop; then we went to Mr. Bulcock's, and hired two horses, we said we were going to Blackwall.</p>
<p>Q. What sort of horses were they?</p>
<p>Wayne. One was a roan horse, the other a dark bay gelding; we were all three together in the yard, Mr. Bulcock himself let us them.</p>
<p>Q. How came you to hire but two horses, and you were three persons?</p>
<p>Wayne. Because we did not think it proper to hire all at one place. We directly proceeded into Gray's inn-lane, to the Queen's head, and ordered them to be got ready by four in the afternoon of that day. I hired another horse at the Queen's-head. it was a light bay one, with cropped ears. I left the two prisoners at the head of the yard, while I ordered the ostler to saddle him, and took him away to an alehouse, by Holbourn-bars; they followed me there; we then left Morgan there with the cropt horse, and I and Dupuy went directly to Mr. Bulcocks', and fetched the other two horses.</p>
<p>Q. What time might this be?</p>
<p>Wayne. This might be about half an hour past three in the afternoon.</p>
<p>Q. What was your intention in buying the two pistols, and hiring the horses?</p>
<p>Wayne. To go out a robbing, that was agreed upon by us all. Dupuy and I came to the corner of Red-lion-street, where is another publick house, and I left Dupuy with the horses there, and went and fetched Morgan with the other horse; then we all joined company directly, we went through Gray's-inn-lane.</p>
<p>Q. Who had the pistols?</p>
<p>Wayne. Morgan had a long pistol, like a horse-pistol; and Dupuy had the other. I had no pistol, we went through the turnpike, and up to Islington, and there at the Cock and Crown we stopt, and had a shillingsworth of punch, and some biscuit and cheese, and a two-penny glass of brandy each; and at the same place, Morgan
<xptr type="pageFacsimile" doc="176105060020"/> and Dupuy loaded their pistols; and Morgan borrowed three or four pins of the gentlewoman of the house, to pin their crapes with into their hats.</p>
<p>Q. What do you mean by crapes?</p>
<p>Wayne. That they had over their faces when they robbed, to conceal.</p>
<p>Q. Had you any crape in your hat?</p>
<p>Wayne. No, I had none.</p>
<p>Q. How long did you stay at this house?</p>
<p>Wayne. About half an hour, we set out from thence about five o'clock, and took the road through Highgate, and strait to Finchley-common, on the common the two prisoners stopt a young lady in her chariot.</p>
<p>Court. Keep to the robbery they are now charged with.</p>
<p>Wayne. After that, there were two post-chaises coming along, one about 300 yards before the other. Morgan rode up to the first, and ordered the boy to stand, I was then a little behind.</p>
<p>Q. Where was Dupuy?</p>
<p>Wayne. He was riding up with Morgan, the boy was going down a sort of a hill, and he could not stop the chaise directly. Morgan being at the horses heads, the end of the shaft ran against him, and tore his breeches, and tore him from his horse, and daubed his coat, I believe that chaise was empty; the boy drove on, the blinds were up. Morgan got up, and said, he would stop the other chaise, be the consequence what it would, and Dupuy and he rode directly up to the other chaise, and bid them to stop.</p>
<p>Q. What time was this?</p>
<p>Wayne. This might be six, seven, or eight o'clock, it was just dusk?</p>
<p>Q. Where was you when they stopt that chaise?</p>
<p>Wayne. I was behind it, may be 50 or 60 yards.</p>
<p>Q. Was you nigh enough to see what past?</p>
<p>Wayne. I was, the boy stopt, and Mr. Dobinson directly put a blunderbuss out of the window, and directed it to Morgan's breast. When the chaise stopt, Morgan was on one side, and Dupuy on the other.</p>
<p>Q. Which side was morgan on?</p>
<p>Wayne. He was on the right-hand as we met the chaise, our backs being towards Highgate, so properly he was on Mr. Dobinson's left hand as he came towards London.</p>
<p>Q. Can you take upon you to say, who it was that presented the blunderbuss?</p>
<p>Wayne. I can't say; it was on that side that Morgan was on, I believe it was Mr. Dobinson, the person ordered Morgan to keep off, or else he would shoot him.</p>
<p>Q. Was you near enough to hear that?</p>
<p>Wayne. I was, Morgan answered, d - m you, shoot away.</p>
<p>Q. Had Morgan any crape over his face then?</p>
<p>Wayne. No, he had not put his crape down, Dupuy had his over his face, the gentleman seeing Morgan would not go off, pull'd the trigger, and it flashed in the pan, but did not go off. With that I rode up quite close to the chaise, and as soon as I came up to the chaise, the person that had the blunderbuss was down on his knees in the chaise, and begged he would not take his life away. Then the two gentlemen in the chaise delivered each a watch, and a light 36 s piece, and some other money to Morgan. One of the watches was a mettal one, with a shagreen case, with a ribband to it. The other silver gilt, with a steel seal ingraved.</p>
<p>Q. Should you know the watches again was you to see them?</p>
<p>Wayne. I should. After this, we directly proceeded the nearest way for London, all three over Enfield-chase. We came about two miles and a half, or three miles, and asked a man the nearest way to Edmonton, it was before we came to the chaise we met that man. He told us to go over the chase, and shewed us the way; and said, as it was dark, and such a wet night, we should have difficulty in finding the way, there had been a great deal of rain that day; we was on the chase an hour and a half, having lost our way, it rained very hard all the time. At last we saw a light at a window of a little house, we went to the light; it happened to be at a farmer's house, we hallooed, a man came out; we told him if he would show us the way into the road for Edmonton, we would give him a shilling a piece; he came with us about a hundred yards, we asked if there was ever a publick house near; he said, there was one very nigh; we all went to it, and he along with us; this house was at the side of the chase.</p>
<p>***The Last Part of these Proceedings will be published in a few Days.</p>
<div1 type="frontMatter" id="t17610506-15">
<interp inst="t17610506-15" type="collection" value="BAILEY"/>
<interp inst="t17610506-15" type="year" value="1761"/>
<interp inst="t17610506-15" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-15" type="date" value="17610506"/>
<xptr type="pageFacsimile" doc="176105060021"/>THE PROCEEDINGS ON THE King's Commission 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 6th, Thursday the 7th, and Friday the 8th of MAY.</p>
<p>In the first Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALTY of The Right Honble Sir
<persName id="t17610506-15-person184"> Matthew Blakiston
<interp inst="t17610506-15-person184" type="surname" value="Blakiston"/>
<interp inst="t17610506-15-person184" type="given" value="Matthew"/>
<interp inst="t17610506-15-person184" type="gender" value="male"/> </persName> , Knt. LORD-MAYOR of the CITY of LONDON.</p>
<p>NUMBER V. PART II. for the YEAR 1761.</p>
<p>Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.</p>
<p>M. DCC. LXI.</p>
<p>[Price FOUR-PENCE.]</p>
<xptr type="pageFacsimile" doc="176105060022"/>THE PROCEEDINGS ON THE</p>
<p>King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.</p> </div1>
<p>Q. WHAT was the sign?</p>
<p>Wayne. I cannot justly say what sign, we called for the ostler, and put up the three horses, and went into the house, and had a shilling or 18 d. in punch, and some bread and cheese, and a glass of brandy a piece; and the man that shewed us the way from the farmer's house, we gave him six-pence and a pint of beer for his trouble, he staid the time we did.</p>
<p>Q. How long might you all stay?</p>
<p>Wayne. I believe we staid three quarters of an hour; after that, there was a fisher-man there that said, if we would take him behind us, he would shew us the way to Edmonton. At that house the maid scraped Morgan's coat, which was daubed when the chaise pulled him off his horse, and throwed him down in the dirt; it was not dry enough to be brushed. We ordered the horses to the door, it may be about nine o'clock, the fish-man got up on the roan horse behind Dupuy; then we proceeded along Enfield-chase, and went thro' the Chase gate, a woman opened it. The fish-man said to us, this is a friend of mine, give her a few halfpence; then we went into the main road, and going along to Edmonton, we met a lady's coach. Dupuy rode by it, and Morgan and I stopped the coach, and took from the people four purses: Dupuy was about a hundred yards before us, we overtook him and the fish-man in about 300 yards farther, then we joined company again. Dupuy said, how fare you? to us. We said, never better. Then we went on a little farther, and when we got near the fishman's house, he got off from behind Dupuy, and as he was going away, Dupuy called him back, and said, let's shake hands with you pilot before you go; the fish-man turned again, and shook hands with him. Then we came directly the main road to London, and got to the Queen's head in Gray's-inn-lane, about a quarter past 11 o'clock, there I left my horse, the two prisoners staid at the door while I delivered him. After that, I walked on foot to Mr. Bulcock's in Theobald's-row with them; as soon as I came within 20 yards of his house, I took Morgan's horse from him, and rode into the yard on him, and delivered him to the ostler, and Dupuy delivered his horse, which was the roan one. After that, we went to Robinson's bagnio in Prince's-street, Covent-garden, there we had a supper together, and a girl a piece. There Morgan sent out his coat to be scoured by the waiter, and ordered the same waiter to buy him a pair of breeches in the morning. We sat up till about 12 o'clock, then went to bed; the
<xptr type="pageFacsimile" doc="176105060023"/> waiter took Dupuy's coat to clean, and there came some powder and shot out of his pocket.</p>
<p>Q. How came Dupuy to pull off his coat?</p>
<p>Wayne. Because we were all very wet.</p>
<p>Q. Who had the two watches?</p>
<p>Wayne. Dupuy had one, and Morgan the other; I had one in my pocket when I first went in, but Dupuy took it, and had it all night, and in the morning he wound it up in the bed, as we had coffee by the bed side. After that, I pawned them both the next day in the evening, one in Bedford-row, near Featherstone-buildings. the other at a pawnbroker's in Holbourn. I pawned them for a guinea and half each.</p>
<p>Q. Did any body go with you?</p>
<p>Wayne. Morgan did, Dupuy was detained at the bagnio for something; he had been at the bagnio the Tuesday before, and he ran up a bill; but he knew of my going to pawn them; we went to get money to release him.</p>
<persName id="t17610506-15-person185"> Ralph Dobinson
<interp inst="t17610506-15-person185" type="surname" value="Dobinson"/>
<interp inst="t17610506-15-person185" type="given" value="Ralph"/>
<interp inst="t17610506-15-person185" type="gender" value="male"/> </persName> . On the eighth of April last, I and Mr. Aukland were in a post chaise coming over Finchley-common toward London, in the dusk of the evening, about seven or eight o'clock, I sat on the right side the chaise, the windows were up, something jostled against the window. Mr. Aukland called halloo, what is the matter. I saw immediately a man ride by the horses from the right hand side, Mr. Aukland let down his glass, the person went back from the right, and came on the other side (it rained, and was a very wet and dirty night) he rode to the sash with a pistol in his hand. I presented a loaded plunderbuss at him, and bid him keep off; his pistol I saw plain, it was a pretty long one, he did not at all attempt to ride off; I pulled the trigger, the blunderbuss flashed in the pan, but did not go off.</p>
<p>Q. How many men did you see?</p>
<p>Dobinson. I saw but one man; seeing fire, he rather went towards the hind wheel of the chaise, and came up again immediately, and put his pistol in the chaise, and demanded our money and watches. He took from me a silver watch, gilt, with a steel chain and seal, a 36 s. piece, and some silver. He took from Mr. Aukland a shagreen metal watch, and 16 or 17 shillings in silver. The blind on my side was up all the time, I believe it was a small pane of glass in the blind, as many post-chaises have.</p>
<p>Q. Was there any thing over the person's face?</p>
<p>Dobinson. I cannot take upon me to say whether there was or not. I remember he had no boots on, he had a dark coloured horse, and the man was very dirty, as if he had fell down.</p>
<p>Q. to Wayne. Had either of you boots on?</p>
<p>Wayne. Morgan and Dupuy had not, only I myself had; Morgan had then the same cloaths on, as he has on now.</p>
<p>Dobinson After he had taken my money, he put the pistol to my breast, and said, you fired a blunderbuss at me, and I have a good mind to shoot you. I said, I beg your pardon, and desire you would desist. He went off, and I saw no more of him.</p>
<p>Q. Which way did he ride?</p>
<p>Dobinson. He went off towards Barnet, on the farther side the common.</p>
<persName id="t17610506-15-person186"> John Ashburnham
<interp inst="t17610506-15-person186" type="surname" value="Ashburnham"/>
<interp inst="t17610506-15-person186" type="given" value="John"/>
<interp inst="t17610506-15-person186" type="gender" value="male"/> </persName> . (He produces a watch.)</p>
<p>Q. to Prosecutor. Look at this watch.</p>
<p>Prosecutor. This is my property, the watch I was robbed of that night; when I lost it, there was a seal to it, with a coat of arms on it, which is not here now.</p>
<p>Ashburnham. It is in the same condition I received it in.</p>
<p>Mr. Aukland. I was in company with Mr. Dobinson in the post-chaise, on the eighth of April.</p>
<p>Q. Have you heard the account he has given in court.</p>
<p>Aukland. I have.</p>
<p>Q. Did you see any more persons than one at that time?</p>
<p>Aukland. I saw the other two at the other window.</p>
<p>Q. On which side was you?</p>
<p>Aukland. I was on the left-side the chaise, the first I saw was a man looking in at the window, I cried halloo, what do you want? I apprehended he was bidding the boy stop, I saw him pull a pistol out of his right-hand coat pocket. I heard him say to the boy, he would shoot him; the boy stopt, he went round the horses heads, and came to the side I was on.</p>
<p>Q. Did you observe his horse?</p>
<p>Aukland. He was on a dark bay or brown horse, the darkest colour of the three; I saw all three very plain Mr. Dobinson attempted to fire, and it only flashed in the pan; then the man came immediately, and put his pistol past my face to Mr. Dobinson's head, and said, he would shoot him for endeavouring to fire a gun. I endeavoured to keep the pistol from Mr. Dobinson's head, and desired he would take it away. He cried, your watch, your watch; I said, take your pistol away, and you shall have all I have.</p>
<xptr type="pageFacsimile" doc="176105060024"/>
<persName id="t17610506-15-person187"> Joseph Watson
<interp inst="t17610506-15-person187" type="surname" value="Watson"/>
<interp inst="t17610506-15-person187" type="given" value="Joseph"/>
<interp inst="t17610506-15-person187" type="gender" value="male"/> </persName> . [Produced a watch in a shagreen case.]</p>
<p>Wayne. I pawned this watch to Mr. Watson.</p>
<p>Q. to Aukland. Look at this watch?</p>
<p>Aukland. This is what I was robbed of that evening, my property.</p>
<p>Q. Was the man's face covered?</p>
<p>Aukland. No, it was not. He came close to me, when he e ndeavoured to come to get to Mr. Dobinson's head. He was very dusty, and looked to me as if he had had a tumble a little before. He had no boots on but a pair of dusty breeches.</p>
<p>Q. Do you know that person?</p>
<p>Aukland. I can't take upon me to say who it was; he was then very dirty, and it rained very hard at the time. The other two persons were both on horseback. One of them had a pistol I am sure.</p>
<p>Q. Did you observe their horses?</p>
<p>Aukland. One of them I took to be a gray. I saw them all three riding at a great rate.</p>
<persName id="t17610506-15-person188"> Joseph Tompson
<interp inst="t17610506-15-person188" type="surname" value="Tompson"/>
<interp inst="t17610506-15-person188" type="given" value="Joseph"/>
<interp inst="t17610506-15-person188" type="gender" value="male"/> </persName> . In April last I lived at a bagnio in Prince's-street, Covent garden. I know the two prisoners and evidence very well.</p>
<p>Q. Did you ever see them altogether in company before the 8th of April last?</p>
<p>Tompson. Yes, I saw them all together the Monday before that.</p>
<p>Q. Did they appear to be acquainted with one another?</p>
<p>Tompson. They did. They all supped together that Monday night as companions together, and lay at our house, and went away together in the morning.</p>
<persName id="t17610506-15-person189"> William Bulcock
<interp inst="t17610506-15-person189" type="surname" value="Bulcock"/>
<interp inst="t17610506-15-person189" type="given" value="William"/>
<interp inst="t17610506-15-person189" type="gender" value="male"/> </persName> . I live in Theobald's-row. On the 8th of April, about three in the afternoon, there came three persons to hire two horses, to go to Blackwall.</p>
<p>Q. Look at the prisoners.</p>
<p>Bulcock. I cannot recollect either of their faces. I never saw them before that time to my knowledge. They hired the horses for seven shillings, and desired them to be got ready by four o'clock. I was not at home when they were delivered.</p>
<p>Q. What coloured horses were they?</p>
<p>Bulcock. One was a brown, and the other a roan. I was in bed when they returned. I remember one of the men said his name was Wayne, and he would see me paid. I said I know your mother very well. When I saw them the second time, I thought I could recollect him.</p>
<p>Q. What is your belief now?</p>
<p>Bulcock. Now I believe him to be one of the three men.</p>
<persName id="t17610506-15-person190"> George Litton
<interp inst="t17610506-15-person190" type="surname" value="Litton"/>
<interp inst="t17610506-15-person190" type="given" value="George"/>
<interp inst="t17610506-15-person190" type="gender" value="male"/> </persName> . I remember three persons coming to hire two horses of my matter, Mr. Bulcock. I cannot recollect but one of them, and that is the evidence.</p>
<p>Q. What time were the horses called for?</p>
<p>Litton. They were called for about 5 o'clock. One was a roan, and the other a brown one.</p>
<p>Q. Who took them away?</p>
<p>Litton. The evidence was one of them. I do not recollect the other.</p>
<p>Q. What reason have you to recollect him better than the other two?</p>
<p>Litton. Because he had been at our house before, to hire a horse?</p>
<p>Q. Do you remember the return of the horses in the evening?</p>
<p>Litton. I do. It was a little before twelve at night. The evidence was one that brought them back. They were in a great hurry to get away, that I did not observe them. I remember it was a very rainy night, and they appeared to me to be very dirty when they came home.</p>
<p>Q. Were they hot?</p>
<p>Litton. No; they were not very hot.</p>
<persName id="t17610506-15-person191"> Mary Wright
<interp inst="t17610506-15-person191" type="surname" value="Wright"/>
<interp inst="t17610506-15-person191" type="given" value="Mary"/>
<interp inst="t17610506-15-person191" type="gender" value="female"/> </persName> . I keep the Cock and Crown, at Islington. I remember three men coming to my house, on the 8th of April, on horseback.</p>
<p>Q. What time of the day?</p>
<p>M. Wright. It was about 5 or 6 in the afternoon, as near as I can guess.</p>
<p>Q. Do you recollect any of them?</p>
<p>M. Wright. I can't say that I remember any of them?</p>
<p>Q. What coloured horses did they ride?</p>
<p>M. Wright. I did not take particular notice of their horses. They had some brandy and water, biscuits and cheese, and a quartern of brandy.</p>
<p>Q. Did any of them ask you for any thing, can you recollect?</p>
<p>M. Wright. I gave one of them two or three pins. He came out of the other room to me, into the kitchen, for them.</p>
<p>Q. Do you know what use he made of them.</p>
<p>M. Wright. I do not. He went again into the other room with them, to his company, and shut the door to.</p>
<p>Q. How long might they stay at your house?</p>
<p>M. Wright. They might stay at my house about half an hour.</p>
<persName id="t17610506-15-person192"> Ann Nash
<interp inst="t17610506-15-person192" type="surname" value="Nash"/>
<interp inst="t17610506-15-person192" type="given" value="Ann"/>
<interp inst="t17610506-15-person192" type="gender" value="female"/> </persName> . I keep the crown on Enfield-chase.</p>
<p>Q. Do you remember three men coming to your house, on the 8th of April, on horseback?</p>
<p>A. Nash. I do. They were wet and dirty. It was on a Wednesday night.</p>
<xptr type="pageFacsimile" doc="176105060025"/>Q. What time of the night?</p>
<p>A. Nash. To the best of my knowledge it was between 8 and 9 o'clock. They offered a shilling each man for a man to go with them, to shew them the way to the London road.</p>
<p>Q. What is that man's name?</p>
<p>A. Nash. His name is
<persName id="t17610506-15-person193"> Thomas Sheffield
<interp inst="t17610506-15-person193" type="surname" value="Sheffield"/>
<interp inst="t17610506-15-person193" type="given" value="Thomas"/>
<interp inst="t17610506-15-person193" type="gender" value="male"/> </persName> . He came with them to my house.</p>
<p>Q. How did the men appear?</p>
<p>A. Nash. They appeared very dirty. One of them was a shortish man, in a lightish coloured coat. Whether it was a surtout coat, or not, I cannot say, it was buttoned close about his body.</p>
<p>Q. Look at the evidence Wayne. Do you know him?</p>
<p>A. Nash. If he was there he had then a wig on.</p>
<p>Q. to Wayne. Did you wear your own hair then? [His hair was just long enough to go without a wig.]</p>
<p>Wayne. I then had a wig on.</p>
<p>A. Nash. To the best of my knowledge they were the same three persons, the two prisoners and evidence. I cannot be sure, but I really believe them to be the same.</p>
<p>Q. What liquor had they?</p>
<p>A Nash. They had a glass of brandy each, and a shilling in punch.</p>
<p>Q. How long did they stay;</p>
<p>A. Nash. They staid about three quarters of an hour.</p>
<p>Q. Did any body go with them from your house?</p>
<p>A. Nash. Yes; one
<persName id="t17610506-15-person194"> William Brice
<interp inst="t17610506-15-person194" type="surname" value="Brice"/>
<interp inst="t17610506-15-person194" type="given" value="William"/>
<interp inst="t17610506-15-person194" type="gender" value="male"/> </persName> , a fish-man.</p>
<p>Q. Who was your servant at that time?</p>
<p>A. Nash. Dorothy Crowther was.</p>
<persName id="t17610506-15-person195"> Dorothy Crowther
<interp inst="t17610506-15-person195" type="surname" value="Crowther"/>
<interp inst="t17610506-15-person195" type="given" value="Dorothy"/>
<interp inst="t17610506-15-person195" type="gender" value="female"/> </persName> . I lived at Mrs. Nash's, at the Crown, on Enfield-chace.</p>
<p>Q. Did you on the 8th of April last?</p>
<p>D. Crowther. I did.</p>
<p>Q. Do you remember what happened on that day?</p>
<p>D. Crowther. There came three men together on horseback.</p>
<p>Q. Do you know what colour their horses were?</p>
<p>D. Crowther. I did not take notice of that?</p>
<p>Q. Do you recollect the colour of any of the mens cloaths?</p>
<p>D. Crowther. One of them gave me a coat to clean. It was a blackish colour, or a dark-gray.</p>
<p>Q. Look at the prisoners.</p>
<p>D. Crowther. I remember something of that man's face. (Pointing at Dupuy.)</p>
<p>Q. Was it his coat that you cleaned?</p>
<p>D. Crowther. No, it was not.</p>
<p>Q. Look at the evidence Wayne. Do you know him?</p>
<p>D. Crowther. He had then a wig on if he was one of them.</p>
<p>Q. Do you remember enough of Dupuy's face to be sure he was one of them?</p>
<p>D. Crowther. I do verily believe he was one of them.</p>
<p>Q. How was the dirt upon the coat?</p>
<p>D. Crowther. It seemed to me as if it was dirt got by a fall.</p>
<p>Q. How did you clean it?</p>
<p>D. Crowther. I scrap'd it, and cleaned it as well as I could.</p>
<p>Q. Did any body go with them when they went away?</p>
<p>D. Crowther. One
<persName id="t17610506-15-person196"> William Brice
<interp inst="t17610506-15-person196" type="surname" value="Brice"/>
<interp inst="t17610506-15-person196" type="given" value="William"/>
<interp inst="t17610506-15-person196" type="gender" value="male"/> </persName> did. He went behind one of them.</p>
<p>Q. Who was ostler at your house at that time?</p>
<p>D. Crowther. Jos. Freeman was.</p>
<p>Jos. Freeman. I was ostler at the Crown, at Enfield, in April last.</p>
<p>Q. Do you remember any body coming to your house, on the 8th of April, in the evening?</p>
<p>Freeman. I do. I remember the evidence's face, he was one of them; and I remember that person being another of them. (Pointing to Dupuy.) There were three of them.</p>
<p>Q. Look at the other-prisoner Morgan. Do you remember ever seeing him?</p>
<p>Freeman. I do not recollect him.</p>
<p>Q. Were they on foot, or on horseback?</p>
<p>Freeman. They were on horseback. I took their horses in when they dismounted.</p>
<p>Q. What colour were their horses?</p>
<p>Freeman. To the best of my remembrance, one was a bay cropped gelding, the other a gray, the other a dark colour, but I cannot particularly speak to him. They came together, and went away together, and
<persName id="t17610506-15-person197"> William Brice
<interp inst="t17610506-15-person197" type="surname" value="Brice"/>
<interp inst="t17610506-15-person197" type="given" value="William"/>
<interp inst="t17610506-15-person197" type="gender" value="male"/> </persName> went with them, in order to put them into the high road.</p>
<persName id="t17610506-15-person198"> William Brice
<interp inst="t17610506-15-person198" type="surname" value="Brice"/>
<interp inst="t17610506-15-person198" type="given" value="William"/>
<interp inst="t17610506-15-person198" type="gender" value="male"/> </persName> . I am a fish-man. I remember I went away with three persons on horseback, from the Crown, at Enfield, on the 8th of April, at night.</p>
<p>Q. Can you recollect either of them?</p>
<p>Brice. I cannot recollect one of them.</p>
<p>Q. Was you drunk or sober?</p>
<p>Brice. I was a little in liquor. I rode behind one of them. His hair was tied with a pig-tail, and he rode a gray or a roan horse.</p>
<p>Q. Did you observe the man's face?</p>
<p>Brice. I do not know that I minded his face.</p>
<xptr type="pageFacsimile" doc="176105060026"/>Q. from a Juryman. Whether you remember your parting with the other two after you mounted behind that man?</p>
<p>Brice. Yes, I do, that was, the other two stopped behind; the gentleman that I rode behind always kept first. We met a coach on Palmer's Green. The other two that were behind rode about 200 yards down Hedge-lane, and came back again: I believe they had made a mistake in the way. I hallooed as loud as I could, when we came up on the top of the lane; then I saw the other two come galloping from where the coach went; and when they came to us, the gentleman that I was behind said, How do you do? They said, Never better.</p>
<p>Q. to
<persName id="t17610506-15-person199"> Joseph Tompson
<interp inst="t17610506-15-person199" type="surname" value="Tompson"/>
<interp inst="t17610506-15-person199" type="given" value="Joseph"/>
<interp inst="t17610506-15-person199" type="gender" value="male"/> </persName> . Do you remember seeing the two prisoners and evidence on the 8th of April?</p>
<p>Tompson. I saw them on the Thursday morning, the 9th, at our house; they came in on the 8th at night, but I did not let them in, but they lay there that night. I went to dun Dupuy for a reckoning that he had left before. The evidence and he lay together. The evidence told me when I went to them, if I would have patience, he would see me paid before he went away. Dupuy had given me a note of hand for it the day before. Dupuy was then winding up this silver gilt watch. [He takes it in his hand.] This is the same, I took particular notice of it as he turned it over and over. To the best of my remembrance there was a little padlock-key on the watch. The other watch, with a shagreen case, lay on the ground: I took it up. [He looks at the metal watch in a shagreen case.] There may be two things like one another, but I think this is the same watch. Mr. Dupuy bid me go down to Mr. Morgan, and ask him what he would have for dinner. I went to Mr. Morgan, and there I saw it lying on the ground. I took it up, and laid it on his bed; it was just as now, with a black ribbon and key. I remember they had no watches the night before, the 8th.</p>
<p>Q. What time did they go away?</p>
<p>Tompson. The other two went away about four o'clock, Dupuy staid; they promised me, upon their honour, they would come and pay me the money that he owed. I remember Morgan's cloaths hanging to dry by the fire, and he desired me to clean them, but they were not dry enough to brush. His coat seemed all over dusty, as if he had been down in the dirt. I took Dupuy's coat to clean, and I remember there were some shot fell out of the pockets.</p>
<p>Q. Did you observe any gunpowder?</p>
<p>Tompson. No, I did not observe that, but the pockets were black, as if there had been powder in them.</p>
<persName id="t17610506-15-person200"> Alexander Watts
<interp inst="t17610506-15-person200" type="surname" value="Watts"/>
<interp inst="t17610506-15-person200" type="given" value="Alexander"/>
<interp inst="t17610506-15-person200" type="gender" value="male"/> </persName> . I know all the three prisoners very well.</p>
<p>Q. Where do you live?</p>
<p>Watts. I am servant at the bagnio.</p>
<p>Q. Did you see the prisoners and evidence ever all together, and when?</p>
<p>Watts. I saw them all at the bagnio on the Monday night before the 8th of April.</p>
<p>Q. Did they appear to be acquainted with one another?</p>
<p>Watts. They did, they appeared to be acquaintance, and were all in one company.</p>
<p>Q. Do you remember seeing them on the 8th?</p>
<p>Watts. I do, they came altogether in the evening.</p>
<p>Q. What time in the evening?</p>
<p>Watts. As near as I can remember between 12 and one at night. I think the evidence and Morgan came in first, and Dupuy about five minutes after. The evidence had boots on, but the other two had not.</p>
<p>Q. Had the evidence a wig on?</p>
<p>Watts. He had at that time.</p>
<p>Q. How did their cloaths appear?</p>
<p>Watts. Morgan was very dirty; I believe he had on the same coat as now. He desired it to be cleaned. I took it to dry by the fire, but could not get it clean, and was obliged to send it to the scowerer's. His breeches were torn on the left-thigh, and very dirty. I bought him a pair of breeches.</p>
<p>Q. How long did he stay at the bagnio?</p>
<p>Watts. They staid all night.</p>
<p>Q. Did they say where they had been?</p>
<p>Watts. They said they had been at Blackwall; I heard them all three say so: they said they had been on board a ship, drinking of punch; and I think Morgan said, he had had a fall from his horse.</p>
<p>Q. Did you see any watches they had?</p>
<p>Watts. I saw two of them pull out watches, but I had them not in my hand.</p>
<p>Q Which had watches?</p>
<p>Watts. I think the evidence had one, but I am not sure.</p>
<p>Q. to Ashburnham. How came you by this silver-gilt watch?</p>
<p>Ashburnham. The evidence Wayne brought and pledged it with me.</p>
<xptr type="pageFacsimile" doc="176105060027"/>Q. to Watson. How came you by the shagreen watch?</p>
<p>Watson. It was brought by a slender young man~ on the 9th of April.</p>
<p>~ Such was
<persName id="t17610506-15-person201"> Wayne
<interp inst="t17610506-15-person201" type="given" value="Wayne"/>
<interp inst="t17610506-15-person201" type="gender" value="indeterminate"/> </persName> the evidence.</p>
<p>Q. What name was it pledged in?</p>
<p>Watson. It was left in the name of Wayne.</p>
<p>Q. Had he any body with him, or was he alone?</p>
<p>Watson. He was alone.</p>
<p>Matthew Odell. I know both the prisoners and Wayne. Dupuy's uncle lived just by me, and he often came to see his uncle. I remember he was tried at Kingston assizes.</p>
<p>Court. Confine yourself to the present indictment.</p>
<p>Q. Have you seen them all three together since Kingston assizes?</p>
<p>Odell. I have, but cannot say the time to a week or two: I remember he once told me his two conforts were in Hertford goal.</p>
<p>Q. Did you know who he meant?</p>
<p>Odell. He told me their names, Morgan and Wayne. I said, What the gentlemen that were over with you at Mr. Silvester's, where your uncle lodged? He said, yes.</p>
<p>Q. When was it he told you this?</p>
<p>Odell. This was the Tuesday before he was taken. He was pressed on board a ship the next day, being Wednesday.</p>
<p>Q. How long ago?</p>
<p>Odell. I believe about a month ago.</p>
<persName id="t17610506-15-person202"> Robert Dabage
<interp inst="t17610506-15-person202" type="surname" value="Dabage"/>
<interp inst="t17610506-15-person202" type="given" value="Robert"/>
<interp inst="t17610506-15-person202" type="gender" value="male"/> </persName> . I was my lord-mayor's officer. I went and fetched Dupuy from on board of a ship on the 18th of April.</p>
<p>Mr. Beckworth. I belong to the army, we were told by two gentlemen, that they had been robbed; I think it was between five and six o'clock on the Monday, the 10th of April last. We went as directed after them, and took Morgan and Wayne. We overtook them between Hertford and Ware: they were both committed to Hertford goal.</p>
<p>Morgan's Defence.</p>
<p>I know nothing of what I am charged with.</p>
<p>Dupuy's Defence.</p>
<p>I never robbed Mr. Dobinson; I did go out with them, but I went a head of them a considerable way.</p>
<p>For Dupuy.</p>
<persName id="t17610506-15-person203"> William Steward
<interp inst="t17610506-15-person203" type="surname" value="Steward"/>
<interp inst="t17610506-15-person203" type="given" value="William"/>
<interp inst="t17610506-15-person203" type="gender" value="male"/> </persName> . I am a shipwright in his majesty's yard at Portsmouth, I knew Dupuy ever since he was born.</p>
<p>Q. What is his general character?</p>
<p>Steward. I never heard any misdemeanor of him before this affair happened.</p>
<p>Q. Have you known him lately?</p>
<p>Steward. I have not seen him before last Tuesday these five years.</p>
<p>Q. What was he?</p>
<p>Steward. He was purser of a man of war.</p>
<rs id="t17610506-15-verdict81" type="verdictDescription">
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<join result="defendantPunishment" targOrder="Y" targets="t17610506-15-defend179 t17610506-15-punish82"/> Death </rs>.</p> </div1>
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<p>173. 174. (L)
<persName id="t17610506-16-defend205" type="defendantName"> Mary Dickson
<interp inst="t17610506-16-defend205" type="surname" value="Dickson"/>
<interp inst="t17610506-16-defend205" type="given" value="Mary"/>
<interp inst="t17610506-16-defend205" type="gender" value="female"/> </persName> ,
<rs id="t17610506-16-deflabel83" type="occupation">spinster</rs>
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<join result="persNameOccupation" targOrder="Y" targets="t17610506-16-defend207 t17610506-16-deflabel83"/>, was indicted for
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<interp inst="t17610506-16-off84" type="offenceCategory" value="theft"/>
<interp inst="t17610506-16-off84" type="offenceSubcategory" value="grandLarceny"/> stealing five pecks of seacoal, value 18 d. </rs> and
<persName id="t17610506-16-defend207" type="defendantName"> Jane Newil
<interp inst="t17610506-16-defend207" type="surname" value="Newil"/>
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<interp inst="t17610506-16-defend207" type="gender" value="female"/> </persName> ,
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<join result="persNameOccupation" targOrder="Y" targets="t17610506-16-defend207 t17610506-16-deflabel85"/>, for
<rs id="t17610506-16-off86" type="offenceDescription">
<interp inst="t17610506-16-off86" type="offenceCategory" value="theft"/>
<interp inst="t17610506-16-off86" type="offenceSubcategory" value="receiving"/> receiving the same, well knowing them to have been stolen </rs>, the property of
<persName id="t17610506-16-victim209" type="victimName"> Thomas Lord
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<interp inst="t17610506-16-victim209" type="gender" value="male"/> </persName> ,
<rs id="t17610506-16-cd87" type="crimeDate">April 8</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-16-off84 t17610506-16-cd87"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-16-off86 t17610506-16-cd87"/>.~</p>
<persName id="t17610506-16-person210"> John Slack
<interp inst="t17610506-16-person210" type="surname" value="Slack"/>
<interp inst="t17610506-16-person210" type="given" value="John"/>
<interp inst="t17610506-16-person210" type="gender" value="male"/> </persName> . About the 7th or 8th of last month, I detected
<persName id="t17610506-16-person211"> Mary Dickson
<interp inst="t17610506-16-person211" type="surname" value="Dickson"/>
<interp inst="t17610506-16-person211" type="given" value="Mary"/>
<interp inst="t17610506-16-person211" type="gender" value="female"/> </persName> , about seven or eight in the evening, in stealing coals out of a barge, in company with three others.</p>
<p>Q. Who did the barge belong to?</p>
<p>Slack. It belongs to Mr.
<persName id="t17610506-16-person212"> Thomas Lord
<interp inst="t17610506-16-person212" type="surname" value="Lord"/>
<interp inst="t17610506-16-person212" type="given" value="Thomas"/>
<interp inst="t17610506-16-person212" type="gender" value="male"/> </persName> , of White-Friars, and coals too; they had all got some coals. When I attacked them, they dropped their coals, and ran away. I took two of them. The prisoner was not taken till the next day. I saw her drop coals out of her apron, as the rest did. There were about five pecks of them in all. When the girl was before a magistrate, she owned she had taken coals at three or four different times, and her mistress,
<persName id="t17610506-16-person213"> Jane Newil
<interp inst="t17610506-16-person213" type="surname" value="Newil"/>
<interp inst="t17610506-16-person213" type="given" value="Jane"/>
<interp inst="t17610506-16-person213" type="gender" value="female"/> </persName> , bought them of her.</p>
<p>Q. Have you any evidence toproduce against Newil, besides the girl's confession?</p>
<p>Slack. No.</p>
<rs id="t17610506-16-verdict88" type="verdictDescription">
<interp inst="t17610506-16-verdict88" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
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<p>175 (L)
<persName id="t17610506-17-defend215" type="defendantName"> James Murrill
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<interp inst="t17610506-17-defend215" type="given" value="James"/>
<interp inst="t17610506-17-defend215" type="gender" value="male"/> </persName> , and Elizabeth his
<rs id="t17610506-17-deflabel89" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-17-defend229 t17610506-17-deflabel89"/>, in company with one
<persName id="t17610506-17-person216"> William Skettle
<interp inst="t17610506-17-person216" type="surname" value="Skettle"/>
<interp inst="t17610506-17-person216" type="given" value="William"/>
<interp inst="t17610506-17-person216" type="gender" value="male"/> </persName> , not taken, were indicted for
<rs id="t17610506-17-off90" type="offenceDescription">
<interp inst="t17610506-17-off90" type="offenceCategory" value="theft"/>
<interp inst="t17610506-17-off90" type="offenceSubcategory" value="grandLarceny"/> stealing five remnants of silk, containing four yards, value thirty-six shillings, and 37 silver twist buttons, one guinea, and seven shillings in money numbered </rs>, the property of
<persName id="t17610506-17-victim218" type="victimName"> Samuel Smith
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<interp inst="t17610506-17-victim218" type="given" value="Samuel"/>
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<rs id="t17610506-17-cd91" type="crimeDate">April 26</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-17-off90 t17610506-17-cd91"/>.~</p>
<persName id="t17610506-17-person219"> Roger Preston
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<interp inst="t17610506-17-person219" type="given" value="Roger"/>
<interp inst="t17610506-17-person219" type="gender" value="male"/> </persName> . I am book-keeper to the Norwich coach, which goes out from the
<placeName id="t17610506-17-crimeloc92">Bull-inn in Bishopsgate-street</placeName>
<interp inst="t17610506-17-crimeloc92" type="placeName" value="Bull-inn in Bishopsgate-street"/>
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<join result="offencePlace" targOrder="Y" targets="t17610506-17-off90 t17610506-17-crimeloc92"/>. Last Sunday was se'ennight I was up at supper; when I came down one of my porters told me, he had taken in two parcels,
<xptr type="pageFacsimile" doc="176105060028"/> and his son had carried them into the warehouse. I was going to enter them. I looked about for them, and could not find one of them. The boy told me he had laid it down on a bale, and shewed me where. I enquired who had been there; they told me only two sailors, and a woman; that which I missed was directed to Mr.
<persName id="t17610506-17-person220"> John Smith
<interp inst="t17610506-17-person220" type="surname" value="Smith"/>
<interp inst="t17610506-17-person220" type="given" value="John"/>
<interp inst="t17610506-17-person220" type="gender" value="male"/> </persName> , of Norwich. At night the two prisoners came back again; I asked them if they had not meddled with a paper parcel when they were there before: they both denied it. I sent for a constable, and had them searched, and found in the woman's pocket two pieces of silk. [Produced in court.] I asked her how she came by it; she said her sister had given it to her on the Thursday night before. I charged the constable with them both; and in going with them to my lord-mayor, the man ran away when they got near the 'Change.</p>
<p>Q. Are they man and wife?</p>
<p>Preston. They said they were married the Saturday before.</p>
<p>Q. Did you find any thing upon the man?</p>
<p>Preston. No, we did not; my lord-mayor committed the woman for farther examination, till we could get the man. On the Tuesday night following the man was going along the street, and one of our ostlers took him, and he was carried before my lord-mayor, and committed. By enquiring about, I found the person that sent the parcel to go to Norwich, his name is Smith.</p>
<persName id="t17610506-17-person221"> Samuel Smith
<interp inst="t17610506-17-person221" type="surname" value="Smith"/>
<interp inst="t17610506-17-person221" type="given" value="Samuel"/>
<interp inst="t17610506-17-person221" type="gender" value="male"/> </persName> . I carried a parcel last Sunday se'ennight, being the 26th of April, to go by the Norwich coach, and delivered it to
<persName id="t17610506-17-person222"> Jasper Wrangle
<interp inst="t17610506-17-person222" type="surname" value="Wrangle"/>
<interp inst="t17610506-17-person222" type="given" value="Jasper"/>
<interp inst="t17610506-17-person222" type="gender" value="male"/> </persName> , the porter to the coach, in the taproom, at the Black Bull, Bishopsgate-street; it contained five remnants of white silk, and three dozen of silver twist buttons, a guinea in gold, and seven shillings in silver; the silk and buttons were mine, and the money belongs to one
<persName id="t17610506-17-person223"> William Andrews
<interp inst="t17610506-17-person223" type="surname" value="Andrews"/>
<interp inst="t17610506-17-person223" type="given" value="William"/>
<interp inst="t17610506-17-person223" type="gender" value="male"/> </persName> , that gave it me to send down. I heard no more of the parcel 'till Mr. Preston called upon me with these two remnants of silk, here produced, which I knew to be part of the parcel I delivered there: I went before my lord-mayor, the prisoners were both present. The silk was produced there. I made oath they were part of the parcel. The woman at the bar said this silk was given her by a young fellow; the man said nothing about it.</p>
<persName id="t17610506-17-person224"> Jasper Wrangle
<interp inst="t17610506-17-person224" type="surname" value="Wrangle"/>
<interp inst="t17610506-17-person224" type="given" value="Jasper"/>
<interp inst="t17610506-17-person224" type="gender" value="male"/> </persName> . Mr. Smith delivered a parcel to me in the tap-room on the Sunday evening; I took money for the carriage, which is a usual custom. The prisoners were both in the room at the same time. They had taken places to go down on the outside of the coach. They had four bundles to put into the warehouse. I gave Mr. Smith's parcel to my boy, and desired him to carry them to the warehouse, which he did. About a quarter of an hour after, master came down stairs to book the things: then the warehouse was locked, and the boy had delivered the key to me. When we went in there was the parcel that Mr. Smith brought missing.</p>
<p>Q. How long was your boy absent when you sent him with the parcel to the warehouse?</p>
<p>Wrangle. He came directly to me. Then the two prisoners went out of the yard. They returned, it may be in about an hour and a half. Then we kept them in custody, and got a constable, and were going with them before my lord-mayor, but the man got away.</p>
<p>Q. Did you find any thing on either of the prisoners?</p>
<p>Wrangle. The prisoners were both sitting on a bench by the tap room door; the woman offered to let drop a little parcel; I stepped up to her, and asked her what that was. She said to her husband, My dear, I had like to have lost the parcel that I had in my pocket. I looked, but saw nothing. In searching of her we found the paper, and two pieces of silk in it.</p>
<p>Q. How old is your son?</p>
<p>Wrangle. He is 13 years old. I don't look upon him capable to be examined.</p>
<p>Q. How near to the warehouse was you when you sent your son with the parcel?</p>
<p>Wrangle. It may be 20, or 22 or three yards distance.</p>
<p>Q. Did you sit so as you could see him go to the warehouse-door?</p>
<p>Wrangle. No, because the way is crooked, and it being night too; I saw him go that way with it.</p>
<persName id="t17610506-17-person225"> James Murrill
<interp inst="t17610506-17-person225" type="surname" value="Murrill"/>
<interp inst="t17610506-17-person225" type="given" value="James"/>
<interp inst="t17610506-17-person225" type="gender" value="male"/> </persName> 's Defence.</p>
<p>I went to the inn to go down to see my friends, which I have not seen seven years; I paid ten shillings to go to Norwich on the outside of the coach; the coachman asked me whether I would lie there that night; I said I should. I brought four handkerchiefs with me, and went into the tap-room with them, along with
<persName id="t17610506-17-person226"> William Skettle
<interp inst="t17610506-17-person226" type="surname" value="Skettle"/>
<interp inst="t17610506-17-person226" type="given" value="William"/>
<interp inst="t17610506-17-person226" type="gender" value="male"/> </persName> ; I had a pint of twopenny', and called to the book-keeper to take care of my things. He sent the lad; I went with him to the warehouse; My wife, and the lad, went both into the warehouse
<xptr type="pageFacsimile" doc="176105060029"/> with the things. I was at the outside all the time; after that I went to Skettle's lodgings. I was married but the day before (Skettle gave my wife away.) at Bishopsgate church. There was another brother sailor there at the same time. I was much in liquor when I departed from them. Skettle asked his company-keeper for his parcel; she took it out of a drawer; he opened it, and made my wife a present of a bit of stuff to line her hat with, which he took from the parcel. When we came to the inn, they laid hold of us. If we had known it was dishonestly come by, we would not have come with it to the inn. I am but just come home, having been out of the kingdom seven years. It is a very hard thing a young couple should be drawn in so.</p>
<p>Preston. The person he speaks of, is the same person that was with them at the inn.</p>
<p>Elizabeth's Defence.</p>
<p>I am innocent of it; the silk was made a present of to me to make me a hat.</p>
<p>For the Prisoners.</p>
<persName id="t17610506-17-person227"> Mary Harrison
<interp inst="t17610506-17-person227" type="surname" value="Harrison"/>
<interp inst="t17610506-17-person227" type="given" value="Mary"/>
<interp inst="t17610506-17-person227" type="gender" value="female"/> </persName> . I have known the two prisoners about nine weeks. I was in bed with two fatherless children; I saw the silk given to
<persName id="t17610506-17-defend229" type="defendantName"> Elizabeth Murrill
<interp inst="t17610506-17-defend229" type="surname" value="Murrill"/>
<interp inst="t17610506-17-defend229" type="given" value="Elizabeth"/>
<interp inst="t17610506-17-defend229" type="gender" value="female"/> </persName> , to make her a hat, that she might remember the person; and
<persName id="t17610506-17-person230"> Susan Wright
<interp inst="t17610506-17-person230" type="surname" value="Wright"/>
<interp inst="t17610506-17-person230" type="given" value="Susan"/>
<interp inst="t17610506-17-person230" type="gender" value="female"/> </persName> took a ribbon from off her head, and gave it her to put to the hat; it was a red and white ribbon; the silk was taken out of a piece of brown paper.</p>
<p>Q. Where was this?</p>
<p>M. Harrison. It was facing the George-ale-house, Whitechapel.</p>
<p>Q. When was this?</p>
<p>M. Harrison. I believe it was last Sunday night was a week.</p>
<p>Q. What time of the night?</p>
<p>M. Harrison. About ten o'clock.</p>
<p>Q. Could you see this as you lay in bed?</p>
<p>M. Harrison. There was only a bit of wainscot between us.</p>
<p>Q. Who was it that gave it her?</p>
<p>M. Harrison. It was
<persName id="t17610506-17-person231"> William Skettle
<interp inst="t17610506-17-person231" type="surname" value="Skettle"/>
<interp inst="t17610506-17-person231" type="given" value="William"/>
<interp inst="t17610506-17-person231" type="gender" value="male"/> </persName> .</p>
<p>Q. Could you see through the wainscot?</p>
<p>M. Harrison. I heard their voices, I could not see them.</p>
<p>Q. How do you know it was taken from a parcel?</p>
<p>M. Harrison. Skettle said, Give that parcel in a bit of brown paper to Betsy, and that will make her a hat.
<persName id="t17610506-17-person232"> Susan Wright
<interp inst="t17610506-17-person232" type="surname" value="Wright"/>
<interp inst="t17610506-17-person232" type="given" value="Susan"/>
<interp inst="t17610506-17-person232" type="gender" value="female"/> </persName> keeps company with Skettle.</p>
<p>Q. How long have you lived there?</p>
<p>M. Harrison. I have lived there about two months.</p>
<p>Q. How came you to be so particular as to the day?</p>
<p>M. Harrison. Because they came and had a piece of beef and pudding for dinner; they had a half-crown bowl of punch that night, and one pot of beer.</p>
<persName id="t17610506-17-person233"> Mary Landy
<interp inst="t17610506-17-person233" type="surname" value="Landy"/>
<interp inst="t17610506-17-person233" type="given" value="Mary"/>
<interp inst="t17610506-17-person233" type="gender" value="female"/> </persName> . I went to a woman's house, named Wright, I asked her how this thing was, and she told me.</p>
<p>Q. Do you know any thing more than what she told you?</p>
<p>M. Landy. No.</p>
<p>Q. Do you know either of the prisoners?</p>
<p>M. Landy. I have known the woman thirteen years.</p>
<p>Q. What is her character?</p>
<p>M. Landy. She always bore a good character, she has worked where I do, and behaved herself very well; and I'll tell you who I work for; I work for Mr. Alavine, and all the gentlemen in the city; I'll call in more to her character, if you'll let me go out for an hour.</p>
<p>Mary Neal. I know the woman at the bar to be a very honest creature.</p>
<p>Q. How long have you known her?</p>
<p>M. Neal. I have known her five years, she is as honest a creature as ever broke the bread of life; I would trust her with untold gold, if I had it to trust her with.</p>
<rs id="t17610506-17-verdict93" type="verdictDescription">
<interp inst="t17610506-17-verdict93" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17610506-18">
<interp inst="t17610506-18" type="collection" value="BAILEY"/>
<interp inst="t17610506-18" type="year" value="1761"/>
<interp inst="t17610506-18" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-18" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-18-off94-c202" targOrder="Y" targets="t17610506-18-defend235 t17610506-18-off94 t17610506-18-verdict97"/>
<p>177. (L)
<persName id="t17610506-18-defend235" type="defendantName"> Simon Pugh
<interp inst="t17610506-18-defend235" type="surname" value="Pugh"/>
<interp inst="t17610506-18-defend235" type="given" value="Simon"/>
<interp inst="t17610506-18-defend235" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-18-off94" type="offenceDescription">
<interp inst="t17610506-18-off94" type="offenceCategory" value="theft"/>
<interp inst="t17610506-18-off94" type="offenceSubcategory" value="animalTheft"/> stealing a bay gelding, value eleven pounds </rs>, the property of
<persName id="t17610506-18-victim237" type="victimName"> William Robins
<interp inst="t17610506-18-victim237" type="surname" value="Robins"/>
<interp inst="t17610506-18-victim237" type="given" value="William"/>
<interp inst="t17610506-18-victim237" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-18-off94 t17610506-18-victim237"/> </persName> ,
<rs id="t17610506-18-cd95" type="crimeDate">July 29</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-18-off94 t17610506-18-cd95"/>. ++</p>
<persName id="t17610506-18-person238"> William Robins
<interp inst="t17610506-18-person238" type="surname" value="Robins"/>
<interp inst="t17610506-18-person238" type="given" value="William"/>
<interp inst="t17610506-18-person238" type="gender" value="male"/> </persName> . I live in Bristol. On the 30th of July last, the prisoner at the bar came and hired two horses of me, one for himself, and the other for his servant, a lad about 13 years of age, to go to Bath.</p>
<p>Q. What are you?</p>
<p>Robins. I am a
<rs id="t17610506-18-viclabel96" type="occupation">blacksmith and ironmonger</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-18-victim237 t17610506-18-viclabel96"/> by trade, and I keep chaises and horses to let out: he hired them from the 30th of July, to the 25th of
<persName id="t17610506-18-person239"> August He
<interp inst="t17610506-18-person239" type="surname" value="He"/>
<interp inst="t17610506-18-person239" type="given" value="August"/>
<interp inst="t17610506-18-person239" type="gender" value="male"/> </persName> said he was captain of a tender, and bargained for four pounds. He had them to Bath, and left one at the Angel there. It cost me a guinea to redeem him, and the other he rode to London, and sold him for half his value. I have here the receipt for the money I paid for my horse he left at the Angel. Upon
<xptr type="pageFacsimile" doc="176105060030"/> hearing he was come from Bath to London. I wrote to an acquaintance here, for him to enquire after Capt. Pugh. I described the horse; in about a week or ten days after he wrote me a letter he had found the gelding, and Pugh was in prison; he did not say for what. I set out for London, and went to justice Fielding, and told him what I came about; the justice said it was of no use to grant me a warrant, for he was in jail for two or three crimes already; that he would be prosecuted, and it would be to no purpose for me to throw away money too.</p>
<p>Q. Have you seen your horse since?</p>
<p>Robins. I have, he is at Kentish-town, there is my brand-mark upon him. I saw him the eighth or ninth of September, he was in the possession of a farmer, but one
<persName id="t17610506-18-person240"> William Miller
<interp inst="t17610506-18-person240" type="surname" value="Miller"/>
<interp inst="t17610506-18-person240" type="given" value="William"/>
<interp inst="t17610506-18-person240" type="gender" value="male"/> </persName> told me how he came by the horse. The prisoner sent me a letter from Richmond, dated July 18.</p>
<p>Q. How do you know he sent it?</p>
<p>Robins. I have seen his hand-writing, and am pretty well assured it was his own hand-writing.</p>
<p>Q. Have you seen him write?</p>
<p>Robins. I have; he gave me a note for 4 l. 10 s. 6 d. When he hired the horse I lent him half a guinea out of my own pocket. I never saw him write only that time. The direction was torn off; the contents are, He is very sorry he is so long absent, but the gelding is very well, and he is got almost at the end of his trouble, and it will be in his power to answer all in about a fortnight, and desires to be indulged that time. I went to the prisoner, he was in the Poultry-compter. He desired me not to prosecute him, and he would give me any satisfaction; and told me he had sold my horse to one Davis, an officer. I cannot say whether he told me what he sold him for. Then I went to the Grand Jury here in September sessions, and found the bill. When I came here this time I went to see him in prison; he said he would give me any satisfaction, in case I would not prosecute him.</p>
<rs id="t17610506-18-verdict97" type="verdictDescription">
<interp inst="t17610506-18-verdict97" type="verdictCategory" value="notGuilty"/> Acq. </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-19">
<interp inst="t17610506-19" type="collection" value="BAILEY"/>
<interp inst="t17610506-19" type="year" value="1761"/>
<interp inst="t17610506-19" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-19" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-19-off99-c207" targOrder="Y" targets="t17610506-19-defend242 t17610506-19-off99 t17610506-19-verdict104"/>
<p>178. (M.)
<persName id="t17610506-19-defend242" type="defendantName"> Joshua Holmes
<interp inst="t17610506-19-defend242" type="surname" value="Holmes"/>
<interp inst="t17610506-19-defend242" type="given" value="Joshua"/>
<interp inst="t17610506-19-defend242" type="gender" value="male"/> </persName> ,
<rs id="t17610506-19-deflabel98" type="occupation">milliner, otherwise haberdasher</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-19-defend242 t17610506-19-deflabel98"/>, was indicted for
<rs id="t17610506-19-off99" type="offenceDescription">
<interp inst="t17610506-19-off99" type="offenceCategory" value="sexual"/>
<interp inst="t17610506-19-off99" type="offenceSubcategory" value="bigamy"/> that he, in the 24th year of the reign of
<persName id="t17610506-19-person243"> George
<interp inst="t17610506-19-person243" type="given" value="George"/>
<interp inst="t17610506-19-person243" type="gender" value="male"/> </persName> the second, at the parish of St. George, Hanover-square did marry
<persName id="t17610506-19-victim245" type="victimName"> Susanna Ransom
<interp inst="t17610506-19-victim245" type="surname" value="Ransom"/>
<interp inst="t17610506-19-victim245" type="given" value="Susanna"/>
<interp inst="t17610506-19-victim245" type="gender" value="female"/> </persName> ,
<rs id="t17610506-19-viclabel100" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-19-victim245 t17610506-19-viclabel100"/>, and her the said Susanna, have for his wife; and afterwards, on the
<rs id="t17610506-19-cd101" type="crimeDate">12th of August, in the 30th year of the said King George the second</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-19-off99 t17610506-19-cd101"/>, at the parish of
<placeName id="t17610506-19-crimeloc102">St. Paul, Covent garden</placeName>
<interp inst="t17610506-19-crimeloc102" type="placeName" value="St. Paul, Covent garden"/>
<interp inst="t17610506-19-crimeloc102" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-19-off99 t17610506-19-crimeloc102"/>, did marry, and take to wife,
<persName id="t17610506-19-victim247" type="victimName"> Mary Adams
<interp inst="t17610506-19-victim247" type="surname" value="Adams"/>
<interp inst="t17610506-19-victim247" type="given" value="Mary"/>
<interp inst="t17610506-19-victim247" type="gender" value="female"/> </persName> ,
<rs id="t17610506-19-viclabel103" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-19-victim247 t17610506-19-viclabel103"/>, the said Susanna his wife being then living, and in full life; against the peace of our said Lord the King, his crown and dignity </rs>.</p>
<persName id="t17610506-19-person248"> Richard Ravenshaw
<interp inst="t17610506-19-person248" type="surname" value="Ravenshaw"/>
<interp inst="t17610506-19-person248" type="given" value="Richard"/>
<interp inst="t17610506-19-person248" type="gender" value="male"/> </persName> . I was present when the prisoner at the bar was married to
<persName id="t17610506-19-person249"> Susanna Ransom
<interp inst="t17610506-19-person249" type="surname" value="Ransom"/>
<interp inst="t17610506-19-person249" type="given" value="Susanna"/>
<interp inst="t17610506-19-person249" type="gender" value="female"/> </persName> , about ten years ago.</p>
<p>Q. Where were they married?</p>
<p>Ravenshaw. At May-fair.</p>
<p>Q. In a chapel, or where?</p>
<p>Ravenshaw. I believe it was in a publick-house, where they used to perform the ceremony.</p>
<p>Q. Were they married according to the ceremony of the church of England?</p>
<p>Ravenshaw. They were, as much as I was, as far as I can recollect. I have been married, and have seen others married, and I look upon it they were married the same.</p>
<p>Q. What became of them afterwards?</p>
<p>Ravenshaw. I believe they did not immediately live together?</p>
<p>Q. Why so?</p>
<p>Ravenshaw. I think she did not consent.</p>
<p>Q. Did they ever live together as man and wife?</p>
<p>Ravenshaw. I am not sensible that they did.</p>
<p>Q. Did you go as his friend or hers?</p>
<p>Ravenshaw. I went as his friend, he desired it.</p>
<p>Q. Who else was there?</p>
<p>Ravenshaw. There was no-body else there but the clergyman.</p>
<p>Q. Was he in a clergyman's habit?</p>
<p>Ravenshaw. I think he was.</p>
<p>Q. Was there a licence?</p>
<p>Ravenshaw. I don't know that there was.</p>
<p>Q. Were the banns published?</p>
<p>Ravenshaw. I fancy not.</p>
<p>Q. Was there a ring used?</p>
<p>Ravenshaw. There certainly was a ring.</p>
<p>Q. Did you see one?</p>
<p>Ravenshaw. I can't positively say there was one; I thought it a marriage as much as I did any I saw; but it is so long ago, I do not remember every particular circumstance. I think he took her to a publick-house, and wanted to lay with her, and she refused it.</p>
<p>Q. How long was that after the marriage?</p>
<p>Ravenshaw. I am not certain how long after; she was young.</p>
<p>Q. How old was she?</p>
<p>Ravenshaw. I believe not at age, I mean 21.</p>
<p>Q. Did she appear to be a girl, or a woman grown?</p>
<p>Ravenshaw. Rather girlish.</p>
<xptr type="pageFacsimile" doc="176105060031"/>Q. Was she ten, or twenty? Or which was she nearest?</p>
<p>Ravenshaw. Nearest twenty I look upon it; she had but a slight acquaintance with him, but it was her opinion that she was married.</p>
<p>Q. What time of the day were they married?</p>
<p>Ravenshaw. It was in the morning.</p>
<p>Q. When did you see her last?</p>
<p>Ravenshaw. I saw her this day.</p>
<persName id="t17610506-19-person250"> Mary Cheston
<interp inst="t17610506-19-person250" type="surname" value="Cheston"/>
<interp inst="t17610506-19-person250" type="given" value="Mary"/>
<interp inst="t17610506-19-person250" type="gender" value="female"/> </persName> . I saw the prisoner married to
<persName id="t17610506-19-person251"> Mary Adams
<interp inst="t17610506-19-person251" type="surname" value="Adams"/>
<interp inst="t17610506-19-person251" type="given" value="Mary"/>
<interp inst="t17610506-19-person251" type="gender" value="female"/> </persName> .</p>
<p>Q. Did you know any other wife he had?</p>
<p>M. Cheston. No, I did not, but I do now, she is here.</p>
<p>Q. When did you see them married?</p>
<p>M. Cheston. It was four years ago the 12th of last August.</p>
<p>Q. Where?</p>
<p>M. Cheston. In Covent-garden church.</p>
<p>Q. By whom?</p>
<p>M. Cheston. By the parson there.</p>
<p>Q. Did they live together as man and wife after that?</p>
<p>M. Cheston. They did immediately.</p>
<p>Q. Where?</p>
<p>M. Cheston. At her own house, in May's-buildings, St. Martin's-lane.</p>
<p>Q. How long did they live together?</p>
<p>M. Cheston. I cannot say how long; it may be between three and four months; then he went away from her.</p>
<p>Cross Examination.</p>
<p>Q. Did you know
<persName id="t17610506-19-person252"> Mary Adams
<interp inst="t17610506-19-person252" type="surname" value="Adams"/>
<interp inst="t17610506-19-person252" type="given" value="Mary"/>
<interp inst="t17610506-19-person252" type="gender" value="female"/> </persName> before she was married?</p>
<p>M. Cheston. I did.</p>
<p>Q. How old was she when she was married?</p>
<p>M. Cheston. Very near twenty-three years old.</p>
<p>Q. Was it by banns or licence?</p>
<p>M. Cheston. By licence.</p>
<p>Q. What was the clergyman's name?</p>
<p>M. Cheston. I don't know his name.</p>
<p>Q. Were they married in the body of the church?</p>
<p>M. Cheston. They were.</p>
<p>Q. What time of the day?</p>
<p>M. Cheston. Betwixt eight and nine in the morning.</p>
<p>Q. Who gave her away?</p>
<p>M. Cheston. My husband did.</p>
<p>Q. Did you hear the marriage-ceremony read over?</p>
<p>M. Cheston. I did.</p>
<p>Q. Did you see the ring put on?</p>
<p>M. Cheston. I did.</p>
<persName id="t17610506-19-person253"> Mary Adams
<interp inst="t17610506-19-person253" type="surname" value="Adams"/>
<interp inst="t17610506-19-person253" type="given" value="Mary"/>
<interp inst="t17610506-19-person253" type="gender" value="female"/> </persName> . I was married to the prisoner at the bar on the twelfth of August, in the year 1756, at Covent-garden church.</p>
<p>Q. Where did he live then?</p>
<p>M. Adams. He lived then in the house that I lived in.</p>
<p>Q. How long did you live together afterwards?</p>
<p>M. Adams. I cannot exactly tell how long, I believe about two or three months; then I heard of his having another wife, and I would not live with him any longer; I could have no right to him to be sure.</p>
<p>Q. Did you speak to him about his having another wife?</p>
<p>M. Adams. I did.</p>
<p>Q. What did he say?</p>
<p>M. Adams. He denied it.</p>
<p>Q. When did you indict him?</p>
<p>M. Adams. I indicted him four years ago.</p>
<p>Q. Why was he not prosecuted before now?</p>
<p>M. Adams. He never came to me after, till Monday was se'ennight.</p>
<p>Q. Did you search for him?</p>
<p>M. Adams. We did, and advertised him. When he came I sent for a person to secure him. I believe he staid in my shop a quarter of an hour before the constable came.</p>
<p>Cross Examination.</p>
<p>Q. Should you have commenced this prosecution if he had not left you?</p>
<p>M. Adams. I should not have lived with him.</p>
<persName id="t17610506-19-person254"> William Swanick
<interp inst="t17610506-19-person254" type="surname" value="Swanick"/>
<interp inst="t17610506-19-person254" type="given" value="William"/>
<interp inst="t17610506-19-person254" type="gender" value="male"/> </persName> . I am clerk of Covent-garden parish. (He produced a book of the registers of weddings.) Here is an entry of the marriage of
<persName id="t17610506-19-person255"> Joshua Holmes
<interp inst="t17610506-19-person255" type="surname" value="Holmes"/>
<interp inst="t17610506-19-person255" type="given" value="Joshua"/>
<interp inst="t17610506-19-person255" type="gender" value="male"/> </persName> with
<persName id="t17610506-19-person256"> Mary Adams
<interp inst="t17610506-19-person256" type="surname" value="Adams"/>
<interp inst="t17610506-19-person256" type="given" value="Mary"/>
<interp inst="t17610506-19-person256" type="gender" value="female"/> </persName> , on the tenth of August, 1756.</p>
<p>Q. Is it by banns or licence?</p>
<p>Swanick. By licence.</p>
<p>Q. Is it duly sign'd?</p>
<p>Swanick. It is.</p>
<p>Q. Have you the licence here?</p>
<p>Swanick. I have not.</p>
<p>Q. Read the entry.</p>
<p>Swanick reads the entry as follows.</p>
<persName id="t17610506-19-person257"> Joshua Holmes
<interp inst="t17610506-19-person257" type="surname" value="Holmes"/>
<interp inst="t17610506-19-person257" type="given" value="Joshua"/>
<interp inst="t17610506-19-person257" type="gender" value="male"/> </persName> , of the parish of Covent-garden, batchelor, and
<persName id="t17610506-19-person258"> Mary Adams
<interp inst="t17610506-19-person258" type="surname" value="Adams"/>
<interp inst="t17610506-19-person258" type="given" value="Mary"/>
<interp inst="t17610506-19-person258" type="gender" value="female"/> </persName> , of the same parish, spinster, married by vertue of a licence from the lord bishop of London, August 10, 1756.</p>
<persName id="t17610506-19-person259"> JOSHUA HOLMES
<interp inst="t17610506-19-person259" type="surname" value="HOLMES"/>
<interp inst="t17610506-19-person259" type="given" value="JOSHUA"/>
<interp inst="t17610506-19-person259" type="gender" value="male"/> </persName> ,
<persName id="t17610506-19-person260"> MARY HOLMES
<interp inst="t17610506-19-person260" type="surname" value="HOLMES"/>
<interp inst="t17610506-19-person260" type="given" value="MARY"/>
<interp inst="t17610506-19-person260" type="gender" value="female"/> </persName> .</p>
<xptr type="pageFacsimile" doc="176105060032"/>Q. Was you clerk then?</p>
<p>Swanick. No, I was not.</p>
<p>Prisoner's defence.</p>
<p>By the contrivance of a person in court they got my wife married to a person in Bishopsgate-street; she has lived with a man five or six years belonging to the Oxford Blues, he was transported, she came then upon the town. I am lawfully and virtuously married to her; and after not hearing from her, or seeing her, for seven years, I thought the law would not prevent my marrying another woman. This is
<persName id="t17610506-19-person261"> Susanna Ransom
<interp inst="t17610506-19-person261" type="surname" value="Ransom"/>
<interp inst="t17610506-19-person261" type="given" value="Susanna"/>
<interp inst="t17610506-19-person261" type="gender" value="female"/> </persName> I mean, that I was married to.</p>
<rs id="t17610506-19-verdict104" type="verdictDescription">
<interp inst="t17610506-19-verdict104" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<rs id="t17610506-19-punish105" type="punishmentDescription">
<interp inst="t17610506-19-punish105" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17610506-19-punish105" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-19-defend242 t17610506-19-punish105"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17610506-19-punish106" type="punishmentDescription">
<interp inst="t17610506-19-punish106" type="punishmentCategory" value="imprison"/>
<interp inst="t17610506-19-punish106" type="punishmentSubcategory" value="newgate"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-19-defend242 t17610506-19-punish106"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17610506-20">
<interp inst="t17610506-20" type="collection" value="BAILEY"/>
<interp inst="t17610506-20" type="year" value="1761"/>
<interp inst="t17610506-20" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-20" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-20-off107-c225" targOrder="Y" targets="t17610506-20-defend263 t17610506-20-off107 t17610506-20-verdict111"/>
<p>179. (M)
<persName id="t17610506-20-defend263" type="defendantName"> Andrew Orme
<interp inst="t17610506-20-defend263" type="surname" value="Orme"/>
<interp inst="t17610506-20-defend263" type="given" value="Andrew"/>
<interp inst="t17610506-20-defend263" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-20-off107" type="offenceDescription">
<interp inst="t17610506-20-off107" type="offenceCategory" value="theft"/>
<interp inst="t17610506-20-off107" type="offenceSubcategory" value="theftFromPlace"/> stealing one silver tankard, value 5 l. the property of
<persName id="t17610506-20-victim265" type="victimName"> Joseph Inman
<interp inst="t17610506-20-victim265" type="surname" value="Inman"/>
<interp inst="t17610506-20-victim265" type="given" value="Joseph"/>
<interp inst="t17610506-20-victim265" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-20-off107 t17610506-20-victim265"/> </persName> , in the dwelling-house of the said Joseph </rs>,
<rs id="t17610506-20-cd108" type="crimeDate">April 9</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-20-off107 t17610506-20-cd108"/>.8</p>
<p>Joseph Inman. I live in the Tower of London, just at the going in at the gates.</p>
<p>Q. What are you?</p>
<p>Inman. I am a
<rs id="t17610506-20-viclabel109" type="occupation">victualler</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-20-victim265 t17610506-20-viclabel109"/>.</p>
<p>Q. Is your house in Middlesex?</p>
<p>Inman. It is. I lost a quart silver tankard, it was without a lid; I missed it about three o'clock, on the eleventh of October; my boy, named
<persName id="t17610506-20-person266"> William Twine
<interp inst="t17610506-20-person266" type="surname" value="Twine"/>
<interp inst="t17610506-20-person266" type="given" value="William"/>
<interp inst="t17610506-20-person266" type="gender" value="male"/> </persName> , told me first when it was missing.</p>
<p>Q. Did you ever see it again?</p>
<p>Inman. No, never. I suspected the prisoner, he having been in the house at the time. I found him the next morning at his lodging. I said, Andrew, how are you? He staid some time, and could not speak to me. I then said, You know the errand that I am come about; he said no. I said, the tankard that you took by mistake from my house. He said he knew nothing of it. Said I, Will you go into the Tower with me? He said he would; if I wou'd go home, he would come presently (he was just getting up and dressing himself.) I said I would wait. I waited, he went with me to the Tower.</p>
<p>Q. What is he?</p>
<p>Inman. A
<rs id="t17610506-20-deflabel110" type="occupation">soldier</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-20-defend263 t17610506-20-deflabel110"/>. There was a serjeant belonging to the same company took him into custody, and he was confined by the captain of the guard's order?</p>
<p>Q. Did he own or deny it?</p>
<p>Inman. He denied having the tankard all the time; on the Sunday night he made his escape, that was on the 12th of October, and was not taken till the 8th of April last; then he was examined before Justice Fielding but would not confess; but when he came to the place where he clerk sits, he said to me, Mr. Inman, I'll pay you so much a week for your tankard; charge what you think proper.</p>
<p>Q. Did he say what he would pay a week?</p>
<p>Inman. He said, four or five shillings a week, till it was out. I said, what business have you to pay any money if you know you had not my tankard; I shall not do any such thing.</p>
<p>Prisoner. He set some of the people to ask me to pay for it; I said, I would pay for it rather that be confined in Newgate, if I knew any thing at all of it.</p>
<persName id="t17610506-20-person267"> William Twine
<interp inst="t17610506-20-person267" type="surname" value="Twine"/>
<interp inst="t17610506-20-person267" type="given" value="William"/>
<interp inst="t17610506-20-person267" type="gender" value="male"/> </persName> . I am 15 years old next August.</p>
<p>Q. Do you know the nature of an oath?</p>
<p>Twine. I do.</p>
<p>Q. What are you to do or say?</p>
<p>Twine. I am to speak the truth, if not, I am to be put into the pillory, and to go to the d - l when I die.</p>
<p>He is sworn.</p>
<p>Q. Where do you live?</p>
<p>Twine. I am servant to Mr. Inman.</p>
<p>Q. Do you know the prisoner at the bar?</p>
<p>Twine. I do, very well, he used my master's house, and was there that day in the afternoon, that the tankard was missing. He came in and called for a tankard of beer, I went down and filled a pewter quart pot, and told him we had never a tankard out of use. He sat down in a wooden two-armed chair by a table, then there were some watermen, and some blacksmiths came in; after that he gave me a sixpence to change, he said, there were some company in the stone-kitchen (a publick house hard by) that were to come to him, he said, he would have a tankard. I went and took a silver tankard from the bar, it had a smooth handle, and never a lid to it, and filled it, and set it on the table by him; he gave me the money, and I went down stairs, and did not stay below a quarter of an hour, only a few minutes, and when I came up again, he was gone. I looked on the table, and did not see the tankard; I asked my mistress if she had taken it, and the maid. and they both said no, we have never seen it since.</p>
<p>Rachiel Spencer. I am servant to Mr. Inman, I saw the prisoner at the bar, at our house that day, and saw the boy (the last witness) set a tankard before him, and saw him drink out of it.</p>
<persName id="t17610506-20-person268"> William Murphy
<interp inst="t17610506-20-person268" type="surname" value="Murphy"/>
<interp inst="t17610506-20-person268" type="given" value="William"/>
<interp inst="t17610506-20-person268" type="gender" value="male"/> </persName> . I was the officer that had the prisoner in custody. I heard him say, he did not steal it, but he sold it.</p>
<p>Q. Where was this?</p>
<xptr type="pageFacsimile" doc="176105060033"/>Murphy. This was in my kitchen; I said to him, what did you sell? My arse he said: he said, at Mr. Fielding's, he would give Mr. Inman five shillings a week, if he would make it up with him.</p>
<p>Q. Did he mention the tankard or mug, when he said he would make it up?</p>
<p>Murphy. No, he did not; he was very much in liquor, when I took him on the eighth of April.</p>
<p>Q. Was he drunk or sober, when he offered five shillings a week to make it up?</p>
<p>Murphy. He was very sober.</p>
<p>Prisoner's Defence.</p>
<p>They asked me if I was willing to pay for the tankard, and that Mr. Inman would put up with any thing a week. I said, I would pay any thing if I was guilty; but, as I was not, I would not. They desired me as much as they could, to pay for it, but I would not. They said, if I had pawned or sold it, they would pay the money to get it again, but I said, I know no more of it than the child unborn.</p>
<p>For the prisoner.</p>
<persName id="t17610506-20-person269"> William Jones
<interp inst="t17610506-20-person269" type="surname" value="Jones"/>
<interp inst="t17610506-20-person269" type="given" value="William"/>
<interp inst="t17610506-20-person269" type="gender" value="male"/> </persName> . I have known the prisoner about five years, he worked with me in the branch of making iron-chapes, for silver buckles.</p>
<p>Q. How long did he work with you?</p>
<p>Jones. Three years, but it is two years ago since he worked with me last; I have imployed him occasionally.</p>
<p>Q. What is his character?</p>
<p>Jones. He is a very honest man, he might have had it in his power to have robbed me of hundreds; and after my business fell off, I gave him liberty to make use of all my utensils.</p>
<p>Q. Where do you live?</p>
<p>Jones. I then lived in Foster-lane, but I live now in the Old Bailey. I would employ him now, was he discharged.</p>
<p>Q. What are you?</p>
<p>Jones. I am a working goldsmith.</p>
<persName id="t17610506-20-person270"> Simon Cooley
<interp inst="t17610506-20-person270" type="surname" value="Cooley"/>
<interp inst="t17610506-20-person270" type="given" value="Simon"/>
<interp inst="t17610506-20-person270" type="gender" value="male"/> </persName> , I live upon Clerkenwell-green.</p>
<p>Q. What is your business?</p>
<p>Cooley. I am a silver buckle-maker, I have known the prisoner five years, he has been in my shop many a time.</p>
<p>Q. Did he ever work for you?</p>
<p>Cooley. No, he has had great opportunities to have robbed me within this 12 months, but I never lost any thing by him; he used to come two or three times a week to finish his work. I have had three or four hundred ounces of silver lying about, he has been there when we have been at breakfast or dinner.</p>
<persName id="t17610506-20-person271"> Andrew Price
<interp inst="t17610506-20-person271" type="surname" value="Price"/>
<interp inst="t17610506-20-person271" type="given" value="Andrew"/>
<interp inst="t17610506-20-person271" type="gender" value="male"/> </persName> . I live in Noble-street.</p>
<p>Q. What are you?</p>
<p>Price. I am a silver-smith, I have known the prisoner six years, I always took him to be a very honest worthy deserving man, he is a soldier.</p>
<persName id="t17610506-20-person272"> John Nicholas
<interp inst="t17610506-20-person272" type="surname" value="Nicholas"/>
<interp inst="t17610506-20-person272" type="given" value="John"/>
<interp inst="t17610506-20-person272" type="gender" value="male"/> </persName> . I have known him about half a year, he has worked in my shop almost ever since.</p>
<p>Q. What is his general character?</p>
<p>Nicholas. He has the character of a very honest man, I never knew to the contrary. I have trusted him with 20 l. worth of silver in the shop, and nobody in it but me and him. He used to make chapes for silver buckles, and work in the same shop where the silver was prepared.</p>
<persName id="t17610506-20-person273"> James Eadey
<interp inst="t17610506-20-person273" type="surname" value="Eadey"/>
<interp inst="t17610506-20-person273" type="given" value="James"/>
<interp inst="t17610506-20-person273" type="gender" value="male"/> </persName> . I am a victualler, he has used my house, and paid me very honestly; I always took him to be a very honest man.</p>
<p>Q. How long have you known him?</p>
<p>Eadey. I have known him this four years.</p>
<rs id="t17610506-20-verdict111" type="verdictDescription">
<interp inst="t17610506-20-verdict111" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17610506-21">
<interp inst="t17610506-21" type="collection" value="BAILEY"/>
<interp inst="t17610506-21" type="year" value="1761"/>
<interp inst="t17610506-21" type="uri" value="sessionsPapers/17610506"/>
<interp inst="t17610506-21" type="date" value="17610506"/>
<join result="criminalCharge" id="t17610506-21-off112-c235" targOrder="Y" targets="t17610506-21-defend275 t17610506-21-off112 t17610506-21-verdict116"/>
<p>180. (M.)
<persName id="t17610506-21-defend275" type="defendantName"> Joseph Walley
<interp inst="t17610506-21-defend275" type="surname" value="Walley"/>
<interp inst="t17610506-21-defend275" type="given" value="Joseph"/>
<interp inst="t17610506-21-defend275" type="gender" value="male"/> </persName> , was indicted for
<rs id="t17610506-21-off112" type="offenceDescription">
<interp inst="t17610506-21-off112" type="offenceCategory" value="violentTheft"/>
<interp inst="t17610506-21-off112" type="offenceSubcategory" value="highwayRobbery"/> that he, on the king's highway, on
<persName id="t17610506-21-victim277" type="victimName"> David Supino
<interp inst="t17610506-21-victim277" type="surname" value="Supino"/>
<interp inst="t17610506-21-victim277" type="given" value="David"/>
<interp inst="t17610506-21-victim277" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-21-off112 t17610506-21-victim277"/> </persName> feloniously did make an assault, putting him in corporal fear and danger of his life, and taking from his person one gold watch, value 7 l. one gold watch chain, value 21 s. one gold seal, value 10 s. and ten guineas in gold, the property of the said David, and against his will </rs>,
<rs id="t17610506-21-cd113" type="crimeDate">December 24</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-21-off112 t17610506-21-cd113"/>. ++</p>
<persName id="t17610506-21-person278"> David Supino
<interp inst="t17610506-21-person278" type="surname" value="Supino"/>
<interp inst="t17610506-21-person278" type="given" value="David"/>
<interp inst="t17610506-21-person278" type="gender" value="male"/> </persName> . I was going to Stanmore in a post-chaise; a little beyond Hampstead, between
<placeName id="t17610506-21-crimeloc114">Hampstead</placeName>
<interp inst="t17610506-21-crimeloc114" type="placeName" value="Hampstead"/>
<interp inst="t17610506-21-crimeloc114" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-21-off112 t17610506-21-crimeloc114"/> and
<placeName id="t17610506-21-crimeloc115">Hendon</placeName>
<interp inst="t17610506-21-crimeloc115" type="placeName" value="Hendon"/>
<interp inst="t17610506-21-crimeloc115" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-21-off112 t17610506-21-crimeloc115"/>, between the hours of six and eight, on Christmas evening, a person stopped the chaise, it was very dark, and small rain, I cannot tell who that person was, I saw but one man.</p>
<p>Q. Was you alone?</p>
<p>Supino. There was Mr.
<persName id="t17610506-21-person279"> Jacob Henriques de Souza
<interp inst="t17610506-21-person279" type="surname" value="de Souza"/>
<interp inst="t17610506-21-person279" type="given" value="Jacob Henriques"/>
<interp inst="t17610506-21-person279" type="gender" value="indeterminate"/> </persName> with me in the same chaise, the man said, gentleman your watches and money; upon which, we gave him our watches, and both gave him some money. I gave him about 15 l. in money, but it is not said so much in the indictment. The person was very civil to us, and said, I wish you a good night, I heard nothing more of him then. After that, Mr. Fielding wrote me a card on the 29th of April, desiring my attendance there as soon as I could after the receipt of it; upon which I went to him, and he
<xptr type="pageFacsimile" doc="176105060034"/> told me there was information given him, of a gold watch and chain which had been stolen, and he believed it to be mine, that I had been robbed of. He said, he had not seen it himself, but it was at Mr. Townsend's, a silver-smith in the Borough. I went there, and found the watch to be mine, but no chain; I knew the watch, by the name and number. Mr. Fielding desired to see the watch, it was carried to him.</p>
<p>Q. When did you see the prisoner?</p>
<p>Supino. I never saw the prisoner before I saw him this night. I cannot say who it was robbed me.</p>
<p>Q. Are you a Jew?</p>
<p>Supino. I am.</p>
<p>Jacob Henriques de Souza. I was in the post-chaise along with Mr.
<persName id="t17610506-21-person280"> David Supino
<interp inst="t17610506-21-person280" type="surname" value="Supino"/>
<interp inst="t17610506-21-person280" type="given" value="David"/>
<interp inst="t17610506-21-person280" type="gender" value="male"/> </persName> , we were going to Stanmore; a little beyond Hampstead we were attacked by a man on horseback, I do not know who he was, we delivered our watches and money to him.</p>
<p>Q. Have you heard Mr. Supino describe how it was?</p>
<p>Henriques de Souza. I have, it was done in the same manner.</p>
<p>Q. What did you lose?</p>
<p>Henriques de Souza. A metal watch, and about 7 l. in money.</p>
<p>Q. Do you know how many men attacked you?</p>
<p>Henriques de Souza. I believe only one.</p>
<p>Q. Did he make use of any threatnings?</p>
<p>Henriques de Souza. I do not remember he did, he only desired our money and watches, and used us with good manners; it was so dark we could not distinguish his person at all. Justice Fielding sent me a card to appear, but I never saw the prisoner before now.</p>
<p>Q. to Prosecutor. Did not the justice appoint a particular time for you to come when the prisoner would be before him.</p>
<p>Prosecutor. No, he did not appoint any particular time at all.</p>
<p>Henriques de Souza. The first time we went was on a Wednesday; the second time he appointed us to come, was on the Friday. He said, he could not shew us the person, because he was not well.</p>
<p>Prisoner. I was very very ill then.</p>
<p>Henriques de Souza. I saw my watch at Mr. Fielding's, in the hands of one Stockdale a pawnbroker, it was the same that I was robbed of that night.</p>
<persName id="t17610506-21-person281"> Ann Limpsey
<interp inst="t17610506-21-person281" type="surname" value="Limpsey"/>
<interp inst="t17610506-21-person281" type="given" value="Ann"/>
<interp inst="t17610506-21-person281" type="gender" value="female"/> </persName> . All I know is, the gentleman ( meaning the prisoner) said to me, he was distressed for money.</p>
<p>Q. How came you acquainted with him?</p>
<p>A. Limpsey. He is a stranger to me, only he lodged in the house that I did; then he desired me to sell a watch for him. [A gold watch produced, she looked at it.] Really I cannot take my oath whether it be or be not the same; by the weight of it, I should think it may be the watch; I sold it to this gentlewoman for nine guineas, ( pointing to Mrs. Townsend.) There was a great deal of it then, there was a gold chain, and some seals to it.</p>
<p>Q. to Prosecutor. Look at that watch, do you know it?</p>
<p>Prosecutor. This is the very watch that I was robbed of that night.</p>
<p>Mrs. Townsend. I live in the Borough of Southwark.</p>
<p>Q. Have you a husband?</p>
<p>Townsend. I have; about the fourth of March, the last witness brought me a watch to sell; I bought it of her for nine guineas.</p>
<p>Q. Do you know that watch again when you see it?</p>
<p>Townsend. I believe that is it that is here produced; the gentleman, the prosecutor, came and owned it.</p>
<p>Q. Do you know the prisoner.</p>
<p>Townsend. I never saw him in my life before now, the woman that brought it said, it was a seafaring gentleman that owned it, and he was distressed for want of money, and I understood her, he was in the King's-bench.</p>
<p>Q. Was there a chain to it when you bought it?</p>
<p>Townsend. There was; that was taken from the watch the day it was bought; we put by that as old gold, it not being good enough to do up again.</p>
<p>Mr. Stockdale. [Produced another watch.] This watch I took in of the prisoner at the bar.</p>
<p>Henriques de Souza. This is my property, the same I lost that night.</p>
<p>Prisoner's Defence.</p>
<p>I was going to my masters, French and Bowman, for them to set me to work. I met in the Haymarket, one
<persName id="t17610506-21-person282"> Daniel Carr
<interp inst="t17610506-21-person282" type="surname" value="Carr"/>
<interp inst="t17610506-21-person282" type="given" value="Daniel"/>
<interp inst="t17610506-21-person282" type="gender" value="male"/> </persName> , he said, Joseph, I should take it as a favour, if you will come and drink a pint of beer along with me. We went in at the black-horse in Coventry-street, and had a pint of beer; he said, I am in a little distress, if you will oblige me in disposing
<xptr type="pageFacsimile" doc="176105060035"/> of a couple of watches for me. I said, I did not chuse to be concerned with watches, for my character was never stained before; he said, he would give me a crown. I took the watches of him, and told him I would if possible, but I could not dispose of them myself, but would get one to dispose of them for me, which was a woman that lived in the same place where I did the woman that is here. Accordingly, I gave her that watch, not the same day, but three, four, five or six days after. Then he said, he wished I would get a couple of guineas on the other; I said, I do not doubt but I can. Then I went away to the pawnbroker's, and got a couple of guineas upon it. After that, he said to me, have you disposed of the other watch? I said no; I do not know how to go about it. Then I gave it to this woman, and she disposed of it for nine guineas, and gave me the money, and I gave it to Carr. When I was examined before Justice Fielding, I told him the same, to the best of my knowledge; but Carr being apprehensive of my being taken, I imagine he is gone out of the way, and I do not know the place of his residence, so he has left me in the lurch, which is a cruel thing, I will not tell a lie, I have no witnesses.</p>
<rs id="t17610506-21-verdict116" type="verdictDescription">
<interp inst="t17610506-21-verdict116" type="verdictCategory" value="guilty"/> Guilty </rs>
<rs id="t17610506-21-punish117" type="punishmentDescription">
<interp inst="t17610506-21-punish117" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17610506-21-defend275 t17610506-21-punish117"/> Death </rs>.</p> </div1>
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<p>181. (L.)
<persName id="t17610506-22-defend284" type="defendantName"> Mary Thompson
<interp inst="t17610506-22-defend284" type="surname" value="Thompson"/>
<interp inst="t17610506-22-defend284" type="given" value="Mary"/>
<interp inst="t17610506-22-defend284" type="gender" value="female"/> </persName> , was indicted for
<rs id="t17610506-22-off118" type="offenceDescription">
<interp inst="t17610506-22-off118" type="offenceCategory" value="theft"/>
<interp inst="t17610506-22-off118" type="offenceSubcategory" value="theftFromPlace"/> stealing one feather-bed, value 10 s. the property of
<persName id="t17610506-22-victim286" type="victimName"> George Basset Hutchins
<interp inst="t17610506-22-victim286" type="surname" value="Hutchins"/>
<interp inst="t17610506-22-victim286" type="given" value="George Basset"/>
<interp inst="t17610506-22-victim286" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-22-off118 t17610506-22-victim286"/> </persName> , in a certain lodging room, let by contract </rs>, &c. April 20.*</p>
<p>George Basset Hutchins. I live in
<placeName id="t17610506-22-crimeloc119">Water-lane, Black-friars</placeName>
<interp inst="t17610506-22-crimeloc119" type="placeName" value="Water-lane, Black-friars"/>
<interp inst="t17610506-22-crimeloc119" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17610506-22-off118 t17610506-22-crimeloc119"/>. I let the prisoner at the bar a lodging, with only a bed and bedstead, at eight-pence per week.</p>
<p>Q. How long had she lodged with you?</p>
<p>Hutchins. She had lodged in my house going on two years in a back garret. She was over the water at work. I went up and missed the bed, and she had nothing but straw upon the bedstead to lie upon; this was on the 20th of April. My wife went over the water to her, and brought her home. I charged her with taking the bed; she said, if I would let her go, she would make me restitution for it?</p>
<p>Q. Did you ever get it again?</p>
<p>Hutchins. No, I never saw it afterwards.</p>
<p>Q. What did she say was become of it?</p>
<p>Hutchins. She said, she had sold it at different places, by taking out the feathers at different times.</p>
<p>Q. What is the value of it?</p>
<p>Hutchins. I value it at 10 s.</p>
<p>Q. What did she say she had done with the ticken?</p>
<p>Hutchins. She owned she had sold that.</p>
<p>Prisoner's Defence.</p>
<p>I left my door tied with a string, having never a lock to it, the bed was lost in the manner he speaks of; there is Mr. Seymour, one of the jury, knows me, if he will speak for me.</p>
<p>For the prisoner.</p>
<p>Mr. Seymour. She worked for me two or three years ago, she behaved very well then.</p>
<p>Frances Fisher. I have known her upwards of 20 years, she lived with my mother and me above three years, she was very honest, and a very good servant; I never heard of her doing any thing amiss before this, she has never been half a year from my house this 20 years, she nursed me with two children.</p>
<rs id="t17610506-22-verdict120" type="verdictDescription">
<interp inst="t17610506-22-verdict120" type="verdictCategory" value="guilty"/>
<interp inst="t17610506-22-verdict120" type="verdictSubcategory" value="theftunder1s"/> Guilty 10 d. </rs> </p>
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<interp inst="t17610506-22-punish121" type="punishmentCategory" value="transport"/>
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<note>[Transportation. See summary.]</note> </rs> </p> </div1>
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<p>182. (L.)
<persName id="t17610506-23-defend287" type="defendantName"> Thomas Andrews
<interp inst="t17610506-23-defend287" type="surname" value="Andrews"/>
<interp inst="t17610506-23-defend287" type="given" value="Thomas"/>
<interp inst="t17610506-23-defend287" type="gender" value="male"/> </persName> ,
<rs id="t17610506-23-deflabel122" type="occupation">victualler</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17610506-23-defend287 t17610506-23-deflabel122"/>, was indicted for
<rs id="t17610506-23-off123" type="offenceDescription">
<interp inst="t17610506-23-off123" type="offenceCategory" value="sexual"/>
<interp inst="t17610506-23-off123" type="offenceSubcategory" value="sodomy"/> committing the detestable crime of sodomy, on the body of
<persName id="t17610506-23-victim288" type="victimName"> John Finimore
<interp inst="t17610506-23-victim288" type="surname" value="Finimore"/>
<interp inst="t17610506-23-victim288" type="given" value="John"/>
<interp inst="t17610506-23-victim288" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17610506-23-off123 t17610506-23-victim288"/> </persName> </rs>,
<rs id="t17610506-23-cd124" type="crimeDate">April 19</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17610506-23-off123 t17610506-23-cd124"/>.*</p>
<p>John Finimore. The prisoner lived at the Fortune of War, a publick-house in Pye-corner. I went to his house on the 17th of April last, about noon. I came out of place that day, and went there, endeavouring to get me a lodging.</p>
<p>Q. Was you acquainted with him before?</p>
<p>Finimore. I had known him before by my living in a family where he has a filter lives. He said, John, my wife is out of town, you shall be welcome to lie with me, I have no where else that you can lie at present. I did not stay then, but went to the lady where I had lived. She said, John, you shall lie here to-night.</p>
<p>Q. Where had you lived last?</p>
<p>Finimore. That was at one Mrs. Unwin's in King's-street, I lived with Mrs. Mead, before I lived with Mrs. Unwin; she lives in Red-lion-court, behind St. Sepulchre's-church. I told my mistress I was come away from my place; she said, she was sorry for it, and would endeavour to get me another if she could. I went back to him that afternoon, and told him
<xptr type="pageFacsimile" doc="176105060036"/> I was very much obliged to him for his kind offer, but my mistress had said, I should lie there that night. He said, John, it is very well; then I left him, and lay at Mrs. Mead's. I went the 18th, that was the next day, to the prisoner, and asked him the question again, he answered as before, John, my wife is out of town, you shall be welcome to lie along with me, if you approve of it.</p>
<p>Q. How came you not to continue to lie at Mrs. Mead's.</p>
<p>Finimore. As she did not offer it, I did not.</p>
<p>Q. What time of the day was it, that you went to him; on Saturday the 18th?</p>
<p>Finimore. I cannot justly say the hour; but it was some time in the morning.</p>
<p>Q. Did you accept of the offer?</p>
<p>Finimore. I did, I returned him a great many thanks, and said, I was very much obliged to him.</p>
<p>Q. Did you stay that time till night?</p>
<p>Finimore. No, I did not; I went to my mistress's again. Then I went round amongst my acquaintance, to hear if I could hear of a place.</p>
<p>Q. Did your mistress enquire where you was to lay that night?</p>
<p>Finimore. No, she did not; I came back to Mr. Andrews's in the evening, about eight o'clock, as near as I can guess.</p>
<p>Q. How did you spend your evening?</p>
<p>Finimore. My first cousin went with me, and we had a pot of beer between eight and nine.</p>
<p>Q. What is his name?</p>
<p>Finimore. His name is Jonathan Finimore.</p>
<p>Q. Was the prisoner in your company?</p>
<p>Finimore. He was all the evening.</p>
<p>Q. How long did you continue together?</p>
<p>Finimore. The prisoner and I did till one o'clock, my cousin Jonathan did not stay all that time; he drank part of one pot of beer, and went away.</p>
<p>Q. What time did he go away?</p>
<p>Finimore. He went away, and left us together, between the hours of eight and nine; he did not stay any time.</p>
<p>Q. Were there any more company in the house?</p>
<p>Finimore. There were; but there were nobody in our company.</p>
<p>Q. Were you in a publick drinking room?</p>
<p>Finimore. Yes, we were.</p>
<p>Q. Did you sup together?</p>
<p>Finimore. We did; and about one o'clock the company were gone, he shut up the doors and windows, and he and I went to bed together.</p>
<p>Q. Did his wife come home?</p>
<p>Finimore. No, his wife was still out of town:</p>
<p>Q. Did company stay all the time till he shut up the doors?</p>
<p>Finimore. Yes, there did.</p>
<p>Q. When you went to bed, how was you for liquor.</p>
<p>Finimore. I was a little in liquor, I had been walking about all day, and had been drinking with him all the evening.</p>
<p>Q. Was he in liquor?</p>
<p>Finimore. I cannot say he was drunk?</p>
<p>Q. Was he as much gone as you?</p>
<p>Finimore. No, I cannot say he was.</p>
<p>Q. Was he drunk or sober?</p>
<p>Finimore. He was rather sober than otherwise?</p>
<p>Q. Did any thing happen before you went to bed?</p>
<p>Finimore. No, I went to sleep soon, and about four o'clock, as near I can guess, I awaked with a violent pain and agony, which I was in, and found his y - d in my body.</p>
<p>Q. Are you sure you was sober enough to be positive?</p>
<p>Finimore. I was so far sober as this, that I was able to undress myself, and to see the key was taken out of his room door after he had locked it; this I said before I went to bed.</p>
<p>Q. Did you take any notice to him, why he locked the door?</p>
<p>Finimore. No, I did not; I could undress myself, and get into bed; I had been fatigued to be sure in the day.</p>
<p>Q. Was you drunk or sober, when you awaked about four o'clock in the morning?</p>
<p>Finimore. I was sober; by his getting away from me, I felt something warm, but what it was I cannot say.</p>
<p>Q. Did you say any thing to him when you awaked?</p>
<p>Finimore. I said to him, Mr. Andrews, what are you doing of?</p>
<p>Q. What was his answer?</p>
<p>Finimore. He said, I am doing nothing at all, John; and immediately withdrew, and got farther from me. I got out of bed immediately.</p>
<p>Q. Are you sure he had penetrated into your body?</p>
<p>Finimore. I am sure of that. Then I sat in a chair by the bed-side. He said, John, you had
<xptr type="pageFacsimile" doc="176105060037"/> better come into bed again; you can't go any where yet.</p>
<p>Q. Did he continue in bed?</p>
<p>Finimore. He did.</p>
<p>Q. Did you go into bed again?</p>
<p>Finimore. I did; by his persuasion, and being tired by the fatigue of the day.</p>
<p>Q. How long might you sit in the chair?</p>
<p>Finimore. I believe about a quarter of an hour.</p>
<p>Q. Did any thing happen afterwards?</p>
<p>Finimore. I went to sleep; and when I awaked I found him going the same way again.</p>
<p>Q. How long do you think you might lie before you went to sleep?</p>
<p>Finimore. I believe 10 minutes, or thereabouts.</p>
<p>Q. Did he offer any thing to you before you went to sleep?</p>
<p>Finimore. No, he did not.</p>
<p>Q. How long do you think you might be before you awaked the second time?</p>
<p>Finimore. I awaked between six and seven o'clock.</p>
<p>Q. Did he penetrate a second time?</p>
<p>Finimore. No.