<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="pageFacsimile" doc="177209090001"/>THE WHOLE 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 9th, Thursday the 10th, Friday the 11th, Saturday the 12th, Monday the 14th, Tuesday the 15th, Wednesday the 16th, and Thursday the 17th of SEPTEMBER, 1772.
<p>In the Twelfth Year of His MAJESTY's Reign, Being the Seventh SESSION in the MAYORALTY of The Right Honourable
<persName id="f17720909-1-person1"> William Nash
<interp inst="f17720909-1-person1" type="surname" value="Nash"/>
<interp inst="f17720909-1-person1" type="given" value="William"/>
<interp inst="f17720909-1-person1" type="gender" value="male"/> </persName> , Esq. LORD-MAYOR of the CITY of LONDON.</p>
<p>Sold by S. BLADON, at No. 28, in Pater-noster-Row.</p>
<xptr type="pageFacsimile" doc="177209090002"/>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 Honourable
<persName id="f17720909-1-person2" type="judiciaryName"> WILLIAM NASH
<interp inst="f17720909-1-person2" type="surname" value="NASH"/>
<interp inst="f17720909-1-person2" type="given" value="WILLIAM"/>
<interp inst="f17720909-1-person2" type="gender" value="male"/> </persName> , Esquire, Lord Mayor of the City of London; Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench *; Sir
<persName id="f17720909-1-person3" type="judiciaryName"> GEORGE NARES
<interp inst="f17720909-1-person3" type="surname" value="NARES"/>
<interp inst="f17720909-1-person3" type="given" value="GEORGE"/>
<interp inst="f17720909-1-person3" type="gender" value="male"/> </persName> , Knt one of the Justices of his Majesty's Court of Common Pleas +, JAMES EYRE, Esq. Recorder ++; and others 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 *, +, and ++; refer to the Judges before whom the Prisoners were tried. </p>
<p> (L.) London, (M.) First Middlesex Jury. (2d. M.) Second Middlesex Jury. </p>
<p>London Jury.</p>
<persName id="f17720909-1-person4" type="jurorName"> William Kippax
<interp inst="f17720909-1-person4" type="surname" value="Kippax"/>
<interp inst="f17720909-1-person4" type="given" value="William"/>
<interp inst="f17720909-1-person4" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person5" type="jurorName"> John Hawkins
<interp inst="f17720909-1-person5" type="surname" value="Hawkins"/>
<interp inst="f17720909-1-person5" type="given" value="John"/>
<interp inst="f17720909-1-person5" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person6" type="jurorName"> William Lutwyche
<interp inst="f17720909-1-person6" type="surname" value="Lutwyche"/>
<interp inst="f17720909-1-person6" type="given" value="William"/>
<interp inst="f17720909-1-person6" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person7" type="jurorName"> Robert Lee
<interp inst="f17720909-1-person7" type="surname" value="Lee"/>
<interp inst="f17720909-1-person7" type="given" value="Robert"/>
<interp inst="f17720909-1-person7" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person8" type="jurorName"> William Wright
<interp inst="f17720909-1-person8" type="surname" value="Wright"/>
<interp inst="f17720909-1-person8" type="given" value="William"/>
<interp inst="f17720909-1-person8" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person9" type="jurorName"> James Eley
<interp inst="f17720909-1-person9" type="surname" value="Eley"/>
<interp inst="f17720909-1-person9" type="given" value="James"/>
<interp inst="f17720909-1-person9" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person10" type="jurorName"> William Merridith
<interp inst="f17720909-1-person10" type="surname" value="Merridith"/>
<interp inst="f17720909-1-person10" type="given" value="William"/>
<interp inst="f17720909-1-person10" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person11" type="jurorName"> Joshua Ludgate
<interp inst="f17720909-1-person11" type="surname" value="Ludgate"/>
<interp inst="f17720909-1-person11" type="given" value="Joshua"/>
<interp inst="f17720909-1-person11" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person12" type="jurorName"> William Wood
<interp inst="f17720909-1-person12" type="surname" value="Wood"/>
<interp inst="f17720909-1-person12" type="given" value="William"/>
<interp inst="f17720909-1-person12" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person13" type="jurorName"> Richard Cock
<interp inst="f17720909-1-person13" type="surname" value="Cock"/>
<interp inst="f17720909-1-person13" type="given" value="Richard"/>
<interp inst="f17720909-1-person13" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person14" type="jurorName"> Miles Pinfold
<interp inst="f17720909-1-person14" type="surname" value="Pinfold"/>
<interp inst="f17720909-1-person14" type="given" value="Miles"/>
<interp inst="f17720909-1-person14" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person15" type="jurorName"> William Norman
<interp inst="f17720909-1-person15" type="surname" value="Norman"/>
<interp inst="f17720909-1-person15" type="given" value="William"/>
<interp inst="f17720909-1-person15" type="gender" value="male"/> </persName> </p>
<p>Middlesex Jury.</p>
<persName id="f17720909-1-person16" type="jurorName"> Deliverance Smith
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<interp inst="f17720909-1-person16" type="given" value="Deliverance"/>
<interp inst="f17720909-1-person16" type="gender" value="indeterminate"/> </persName> </p>
<persName id="f17720909-1-person17" type="jurorName"> Thomas Eyres
<interp inst="f17720909-1-person17" type="surname" value="Eyres"/>
<interp inst="f17720909-1-person17" type="given" value="Thomas"/>
<interp inst="f17720909-1-person17" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person18" type="jurorName"> John Parkinson
<interp inst="f17720909-1-person18" type="surname" value="Parkinson"/>
<interp inst="f17720909-1-person18" type="given" value="John"/>
<interp inst="f17720909-1-person18" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person19" type="jurorName"> Edmund Bryan
<interp inst="f17720909-1-person19" type="surname" value="Bryan"/>
<interp inst="f17720909-1-person19" type="given" value="Edmund"/>
<interp inst="f17720909-1-person19" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person20" type="jurorName"> John Postan
<interp inst="f17720909-1-person20" type="surname" value="Postan"/>
<interp inst="f17720909-1-person20" type="given" value="John"/>
<interp inst="f17720909-1-person20" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person21" type="jurorName"> John Faulkner
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<interp inst="f17720909-1-person21" type="given" value="John"/>
<interp inst="f17720909-1-person21" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person22" type="jurorName"> William Woodham
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<interp inst="f17720909-1-person22" type="given" value="William"/>
<interp inst="f17720909-1-person22" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person23" type="jurorName"> William Farmer
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<interp inst="f17720909-1-person23" type="given" value="William"/>
<interp inst="f17720909-1-person23" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person24" type="jurorName"> Thomas Greenhill
<interp inst="f17720909-1-person24" type="surname" value="Greenhill"/>
<interp inst="f17720909-1-person24" type="given" value="Thomas"/>
<interp inst="f17720909-1-person24" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person25" type="jurorName"> Joshua Drury
<interp inst="f17720909-1-person25" type="surname" value="Drury"/>
<interp inst="f17720909-1-person25" type="given" value="Joshua"/>
<interp inst="f17720909-1-person25" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person26" type="jurorName"> John Slight
<interp inst="f17720909-1-person26" type="surname" value="Slight"/>
<interp inst="f17720909-1-person26" type="given" value="John"/>
<interp inst="f17720909-1-person26" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person27" type="jurorName"> Edward Taylor
<interp inst="f17720909-1-person27" type="surname" value="Taylor"/>
<interp inst="f17720909-1-person27" type="given" value="Edward"/>
<interp inst="f17720909-1-person27" type="gender" value="male"/> </persName> </p>
<p>2d Middlesex Jury.</p>
<persName id="f17720909-1-person28" type="jurorName"> Robert Gray
<interp inst="f17720909-1-person28" type="surname" value="Gray"/>
<interp inst="f17720909-1-person28" type="given" value="Robert"/>
<interp inst="f17720909-1-person28" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person29" type="jurorName"> William Howard
<interp inst="f17720909-1-person29" type="surname" value="Howard"/>
<interp inst="f17720909-1-person29" type="given" value="William"/>
<interp inst="f17720909-1-person29" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person30" type="jurorName"> Thomas Brasset
<interp inst="f17720909-1-person30" type="surname" value="Brasset"/>
<interp inst="f17720909-1-person30" type="given" value="Thomas"/>
<interp inst="f17720909-1-person30" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person31" type="jurorName"> Richard Eason
<interp inst="f17720909-1-person31" type="surname" value="Eason"/>
<interp inst="f17720909-1-person31" type="given" value="Richard"/>
<interp inst="f17720909-1-person31" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person32" type="jurorName"> Noah Baber
<interp inst="f17720909-1-person32" type="surname" value="Baber"/>
<interp inst="f17720909-1-person32" type="given" value="Noah"/>
<interp inst="f17720909-1-person32" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person33" type="jurorName"> Charles Young
<interp inst="f17720909-1-person33" type="surname" value="Young"/>
<interp inst="f17720909-1-person33" type="given" value="Charles"/>
<interp inst="f17720909-1-person33" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person34" type="jurorName"> William Rowe
<interp inst="f17720909-1-person34" type="surname" value="Rowe"/>
<interp inst="f17720909-1-person34" type="given" value="William"/>
<interp inst="f17720909-1-person34" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person35" type="jurorName"> James Pridey
<interp inst="f17720909-1-person35" type="surname" value="Pridey"/>
<interp inst="f17720909-1-person35" type="given" value="James"/>
<interp inst="f17720909-1-person35" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person36" type="jurorName"> Anthony Priseman
<interp inst="f17720909-1-person36" type="surname" value="Priseman"/>
<interp inst="f17720909-1-person36" type="given" value="Anthony"/>
<interp inst="f17720909-1-person36" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person37" type="jurorName"> Henry Salthill
<interp inst="f17720909-1-person37" type="surname" value="Salthill"/>
<interp inst="f17720909-1-person37" type="given" value="Henry"/>
<interp inst="f17720909-1-person37" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person38" type="jurorName"> William Chapman
<interp inst="f17720909-1-person38" type="surname" value="Chapman"/>
<interp inst="f17720909-1-person38" type="given" value="William"/>
<interp inst="f17720909-1-person38" type="gender" value="male"/> </persName> </p>
<persName id="f17720909-1-person39" type="jurorName"> Isaac Thompson
<interp inst="f17720909-1-person39" type="surname" value="Thompson"/>
<interp inst="f17720909-1-person39" type="given" value="Isaac"/>
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<xptr type="pageFacsimile" doc="177209090003"/>597, 598, 599, 600. (M.)
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<interp inst="t17720909-1-defend41" type="gender" value="male"/> </persName> ,
<persName id="t17720909-1-defend42" type="defendantName"> MARY the
<rs id="t17720909-1-deflabel1" type="occupation">wife</rs>
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<persName id="t17720909-1-defend45" type="defendantName"> JESSE KELLY
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<join result="persNameOccupation" targOrder="Y" targets="t17720909-1-defend47 t17720909-1-deflabel2"/>, and
<persName id="t17720909-1-defend47" type="defendantName"> HANNAH KELLY
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<interp inst="t17720909-1-defend47" type="gender" value="female"/> </persName> , spinster, were indicted for
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<interp inst="t17720909-1-off3" type="offenceCategory" value="theft"/>
<interp inst="t17720909-1-off3" type="offenceSubcategory" value="grandLarceny"/> stealing a cotton counterpain, value 5 s. three check aprons, value 1 s. 6 d. a half guinea and 8 s. 6 d. in money, numbered </rs>, the property of
<persName id="t17720909-1-victim49" type="victimName"> John Smith
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<join result="offenceVictim" targOrder="Y" targets="t17720909-1-off3 t17720909-1-victim49"/> </persName> ,
<rs id="t17720909-1-cd4" type="crimeDate">June 22</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-1-off3 t17720909-1-cd4"/>. *</p>
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<p>601. (M.)
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<interp inst="t17720909-2-defend51" type="given" value="JOHN"/>
<interp inst="t17720909-2-defend51" type="gender" value="male"/> </persName> was indicted for that
<rs id="t17720909-2-off6" type="offenceDescription">
<interp inst="t17720909-2-off6" type="offenceCategory" value="theft"/>
<interp inst="t17720909-2-off6" type="offenceSubcategory" value="theftFromPlace"/> he on the
<rs id="t17720909-2-cd7" type="crimeDate">18th of July</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-2-off6 t17720909-2-cd7"/>, between the hours of eleven and one in the night, did steal, dig up, break and carry away four cabbage plants, value 8 d. twenty-six cucumber plants, value 3 s. seventy-two onion roots, value 2 s. and fifty-five garlick roots, value 2 s. standing and being in a certain garden ground the property of
<persName id="t17720909-2-victim53" type="victimName"> Joseph Goddard
<interp inst="t17720909-2-victim53" type="surname" value="Goddard"/>
<interp inst="t17720909-2-victim53" type="given" value="Joseph"/>
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<join result="offenceVictim" targOrder="Y" targets="t17720909-2-off6 t17720909-2-victim53"/> </persName> </rs>.</p>
<p>A second Count for stealing the said plants. +</p>
<rs id="t17720909-2-verdict8" type="verdictDescription">
<interp inst="t17720909-2-verdict8" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
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<p>602. (M.)
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<interp inst="t17720909-3-defend55" type="given" value="LEWIS"/>
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<interp inst="t17720909-3-off9" type="offenceSubcategory" value="highwayRobbery"/> he on the king's highway on
<persName id="t17720909-3-victim57" type="victimName"> John Peter Blaquire
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<join result="offenceVictim" targOrder="Y" targets="t17720909-3-off9 t17720909-3-victim57"/> </persName> ,
<rs id="t17720909-3-viclabel10" type="occupation">Esq</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-3-victim57 t17720909-3-viclabel10"/>; did make an assault putting him in corporal fear and danger of his life and stealing from his person a watch, the inside case metal, the outside covered with fish-skin, value 40 s. and 7 s. in money, numbered </rs>,
<rs id="t17720909-3-cd11" type="crimeDate">July 10th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-3-off9 t17720909-3-cd11"/>. +</p>
<persName id="t17720909-3-person58"> John Peter Blaquire
<interp inst="t17720909-3-person58" type="surname" value="Peter Blaquire"/>
<interp inst="t17720909-3-person58" type="given" value="John"/>
<interp inst="t17720909-3-person58" type="gender" value="male"/> </persName> . On Friday the 10th of July, returning from Marybone Gardens in a four wheel one horse chaise, between
<placeName id="t17720909-3-crimeloc12">Tottenham-court-road</placeName>
<interp inst="t17720909-3-crimeloc12" type="placeName" value="Tottenham-court-road"/>
<interp inst="t17720909-3-crimeloc12" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-3-off9 t17720909-3-crimeloc12"/> and
<placeName id="t17720909-3-crimeloc13">Fig-lane</placeName>
<interp inst="t17720909-3-crimeloc13" type="placeName" value="Fig-lane"/>
<interp inst="t17720909-3-crimeloc13" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-3-off9 t17720909-3-crimeloc13"/>, a person, whom I apprehend to be the prisoner, came up to me and bid me deliver: the man had something in his hand which I then took to be a pistol. I gave him some silver, I apprehend about seven or eight shillings; when I had given him the money I was going to drive on; he then told me to stop and deliver my watch. I gave it him: the inside case is metal, the outside fish-skin. On Saturday morning I went to Sir
<persName id="t17720909-3-person59"> John Fielding
<interp inst="t17720909-3-person59" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person59" type="given" value="John"/>
<interp inst="t17720909-3-person59" type="gender" value="male"/> </persName> 's, and made an information of the robbery; Sir John got some hand bills printed without the number of the watch, for I had not a memorandum of the number about me. A little while after that I received a letter from one of Sir
<persName id="t17720909-3-person60"> John Fielding
<interp inst="t17720909-3-person60" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person60" type="given" value="John"/>
<interp inst="t17720909-3-person60" type="gender" value="male"/> </persName> 's clerks, who desired me to attend, as they had apprehended a man which they suspected was the person that had robbed me: when I saw the man, I declared he was not the person that had robbed me, and he was discharged; he was a larger man than the prisoner; the prisoner is the size of the man that robbed me. I afterwards received another letter to attend at Sir
<persName id="t17720909-3-person61"> John Fielding
<interp inst="t17720909-3-person61" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person61" type="given" value="John"/>
<interp inst="t17720909-3-person61" type="gender" value="male"/> </persName> 's; I went there; the prisoner was put up; he was dressed the same as the man that robbed me, in a blue sailor's jacket, and a round hat. My watch was produced there, which I swore to. He was searched, and there was something found in his pocket, which is what I believe I took to be his pistol.</p>
<persName id="t17720909-3-person62"> James Pagett
<interp inst="t17720909-3-person62" type="surname" value="Pagett"/>
<interp inst="t17720909-3-person62" type="given" value="James"/>
<interp inst="t17720909-3-person62" type="gender" value="male"/> </persName> . I am servant to Mr. Brooks, a pawnbroker in the Strand. On Saturday morning the 11th of July, about eight or nine o'clock, this watch (producing it) was pawned with me, by a man whom I take to be rather taller than the prisoner, dressed in light brown cloaths, rather lighter than those the prisoner has on now; I lent him a guinea on the watch. In the evening we had a notice from Sir
<persName id="t17720909-3-person63"> John Fielding
<interp inst="t17720909-3-person63" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person63" type="given" value="John"/>
<interp inst="t17720909-3-person63" type="gender" value="male"/> </persName> that that watch was stolen on the highway; we informed Sir John on Sunday, that we had taken in such a watch. On the 27th of July, between seven and eight in the morning, the prisoner came to our shop and asked for this watch, he described the watch; I asked him if he brought it; he said he did, and he wanted me to give him half a guinea more for it and buy it.</p>
<p>Q. How was he dressed then?</p>
<p>Pagett. In a blue jacket, much like a sailor's, and a round hat. We took him before Sir
<persName id="t17720909-3-person64"> John Fielding
<interp inst="t17720909-3-person64" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person64" type="given" value="John"/>
<interp inst="t17720909-3-person64" type="gender" value="male"/> </persName> ; there he confessed he pledged the watch.</p>
<persName id="t17720909-3-person65"> William Halliburton
<interp inst="t17720909-3-person65" type="surname" value="Halliburton"/>
<interp inst="t17720909-3-person65" type="given" value="William"/>
<interp inst="t17720909-3-person65" type="gender" value="male"/> </persName> . When the pawnbroker brought the prisoner up to Sir
<persName id="t17720909-3-person66"> John Fielding
<interp inst="t17720909-3-person66" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person66" type="given" value="John"/>
<interp inst="t17720909-3-person66" type="gender" value="male"/> </persName> 's, I searched him, and in his pocket I found this (producing the upper part of an iron candlestick.)</p>
<p>Q. to the prosecutor. I suppose you cannot say whether that is what was produced to you?</p>
<p>Prosecutor. It appeared about that size.</p>
<p>Prisoner's Defence.</p>
<p>On Sunday, the day before I was taken up, I was invited to go into the Borough to see a townswoman of mine; it rained very hard on Sunday evening; she insisted on my staying there all night. I was going to see after a waiter's place in James Street, Golden Square, so I got up on Monday morning between five and six o'clock; going along St. Paul's Church Yard, there was an old woman scraping a kennel; I saw something glitter in some hay; I ran and
<xptr type="pageFacsimile" doc="177209090004"/> picked it up; it was this piece of an old candlestick; I put it in my pocket, and went to the Sun in the Strand, and called for a pint of beer; there was a well dressed man in a box asked me why I was in such a hurry; I said my hurry was pretty well over then; then he asked me to go to Mr. Brooke's, a pawnbroker just by, to get half a guinea upon a watch in his name; I said I would with all my heart. I took another sup of my beer and went in his name; he described the watch to me; this young man said I should have the money presently; he went up stairs and brought in some men, and they took me before Sir
<persName id="t17720909-3-person67"> John Fielding
<interp inst="t17720909-3-person67" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person67" type="given" value="John"/>
<interp inst="t17720909-3-person67" type="gender" value="male"/> </persName> . I said if they would go with me to the Sun in the Strand, I would shew them the persons that sent me.</p>
<p>Q. to Pagett. Did he say that?</p>
<p>Pagett. No, he said no such thing, he said before Sir
<persName id="t17720909-3-person68"> John Fielding
<interp inst="t17720909-3-person68" type="surname" value="Fielding"/>
<interp inst="t17720909-3-person68" type="given" value="John"/>
<interp inst="t17720909-3-person68" type="gender" value="male"/> </persName> that he had the watch in St. Giles's.</p>
<rs id="t17720909-3-verdict14" type="verdictDescription">
<interp inst="t17720909-3-verdict14" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-3-punish15" type="punishmentDescription">
<interp inst="t17720909-3-punish15" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-3-defend55 t17720909-3-punish15"/> Death </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-4">
<interp inst="t17720909-4" type="collection" value="BAILEY"/>
<interp inst="t17720909-4" type="year" value="1772"/>
<interp inst="t17720909-4" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-4" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-4-off16-c61" targOrder="Y" targets="t17720909-4-defend70 t17720909-4-off16 t17720909-4-verdict21"/>
<p>603. (M.)
<persName id="t17720909-4-defend70" type="defendantName"> ARTHUR BYRNE
<interp inst="t17720909-4-defend70" type="surname" value="BYRNE"/>
<interp inst="t17720909-4-defend70" type="given" value="ARTHUR"/>
<interp inst="t17720909-4-defend70" type="gender" value="male"/> </persName> was indicted for that
<rs id="t17720909-4-off16" type="offenceDescription">
<interp inst="t17720909-4-off16" type="offenceCategory" value="violentTheft"/>
<interp inst="t17720909-4-off16" type="offenceSubcategory" value="highwayRobbery"/> he on the king's highway, on Catharine, the
<rs id="t17720909-4-viclabel17" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-4-victim75 t17720909-4-viclabel17"/> of
<persName id="t17720909-4-person71"> Gilbert Duffey
<interp inst="t17720909-4-person71" type="surname" value="Duffey"/>
<interp inst="t17720909-4-person71" type="given" value="Gilbert"/>
<interp inst="t17720909-4-person71" type="gender" value="male"/> </persName> , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black sattin cloak, value 4 s. a muslin apron, value 6 d. a linen handkerchief, value 2 s. a gold ring, value 4 s. a silver shoe buckle, value 2 s. and 10 d. in money, numbered, the property of
<persName id="t17720909-4-victim73" type="victimName"> Gilbert Duffey
<interp inst="t17720909-4-victim73" type="surname" value="Duffey"/>
<interp inst="t17720909-4-victim73" type="given" value="Gilbert"/>
<interp inst="t17720909-4-victim73" type="gender" value="male"/> </persName> , from the person of
<persName id="t17720909-4-victim75" type="victimName"> Catharine Duffey
<interp inst="t17720909-4-victim75" type="surname" value="Duffey"/>
<interp inst="t17720909-4-victim75" type="given" value="Catharine"/>
<interp inst="t17720909-4-victim75" type="gender" value="female"/> </persName> </rs>,
<rs id="t17720909-4-cd18" type="crimeDate">July 17th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-4-off16 t17720909-4-cd18"/>. *</p>
<persName id="t17720909-4-person76"> Catharine Duffey
<interp inst="t17720909-4-person76" type="surname" value="Duffey"/>
<interp inst="t17720909-4-person76" type="given" value="Catharine"/>
<interp inst="t17720909-4-person76" type="gender" value="female"/> </persName> . I saw the prisoner on Friday the 17th of July standing under an arch way, in Bell Yard, Broad St. Giles's, by himself, with a bundle in his hand; I lifted my clothes as I passed him for fear I should touch him and give him any offence; he said, how do you do? I said. I believe you don't know me; he said you are well dressed; he asked me my name and where I lived; he said his name was Conway, and that he lived in Cheapside; as I stood with him, he asked me if my buckles were silver, I said yes, and Irish made; I asked him where he knew me; he said in Dublin; I said I was a Cork woman, and had never been in Dublin in my life; he said he had 200 l. worth of goods, and if I would sell goods for him, I should get five shillings a day; I said that my husband was acquainted with several master tradesmen that would give us a character to be honest people; I waited, and he went into a public house; I said I had an acquaintance in Ship Yard that would befriend him, to recommend him to sell some goods; he said he knew no place but the Haymarket and Cheapside; he waited in an alehouse till I came back; he called for a pen and ink, and took a direction to find the Mitre Tavern in Fleet Street. I went into a public house with him and had a pint of beer; I told him I had not broke my fast. and it was past six o'clock. I had been a little troubled and had eat nothing that day. Offering to pay for the pint of beer, he said, d - n it, how generous my country people are! I went to a taylor's house in Broad St. Giles's, to see a young woman that was newly married; I came back again to the same alehouse; he had a pint of beer there and paid for it. I had not the key to let him up into my own lodgings. He said he had left six pieces of handkerchiefs with a good natured countrywoman, at a public house, in a street he said he did not know the name of. I found afterwards it was in Coventry Street. He said he must go out of town, and he said if I would go with him, he would give them to me; I went with him; he called for a quartern of mint and carraway; I told him I could not bear liquor; he said it was a cordial and I drank; after that he called for another; when we were going away, he went to the bar, and offered a bad shilling; the man would not take it, so he gave him another. When I came out at the door it was dusk; he went to take hold of me; I told him he should not; I stumbled and fell down, and I found my apron coming from me. I asked him if he saw my apron; he said no, d - n your apron, I will give you a yard of muslin; I said a yard would not make an apron; then he said he would give me three. I crossed over to a tavern in Grafton Street; I was going home; I bid him good night. Then he came to my right side and took my cloak and handkerchief, and took me by my hand; he took hold of me and shook me, and threw me on the flags, and threw me into a deep hole on my side; he picked my pocket, and then turned me over in the channel to pick my other pocket; I had but ten-pence; he took my gold ring off, then he took hold of my feet, and took my buckle from my left foot. A gentleman came up, and said, what are you doing to the woman, are you smothering her in the channel? he said he was going to lift me up, and then he made off. The next day my husband went to the public house, and found out his name, and
<xptr type="pageFacsimile" doc="177209090005"/> where he lived. I went with my husband and a constable to the prisoner's house, in Ship Yard; a person said the prisoner's wife had put something black up the chimney; my husband put his hand up the chimney and pulled my cloak down. (The cloak produced and deposed to by the prosecutrix) The constable found my handkerchief and apron in a cradle. ( Produced and deposed to by the prosecutrix.)</p>
<p>Q. Are you sure that is the man that took your things from you?</p>
<p>Duffey. Yes, I should know him from among a thousand.</p>
<p>Cross Examination.</p>
<p>Q. You never saw him before?</p>
<p>Duffey. No.</p>
<p>Q. What time of the day did he accost you?</p>
<p>Duffey. About six o'clock.</p>
<p>Q. It was quite light?</p>
<p>Duffey. Yes.</p>
<p>Q. How many public houses did you drink together at?</p>
<p>Duffey. Two.</p>
<p>Q. Was you quite sober?</p>
<p>Duffey. Yes.</p>
<p>Q. You say he untied your apron, did you feel him?</p>
<p>Duffey. He put his hand round me, and I saw him draw it from me; I did not lay hold of it, because I thought it was from the motion of my body; when I looked for it, and it was gone, I thought it was vanished; I did not think he had it when I went from him.</p>
<p>Q. Did he appear to be sober?</p>
<p>Duffey. Yes.</p>
<p>Q. What time in the evening did he take off your cloak?</p>
<p>Duffey. Between nine and ten; that was in
<placeName id="t17720909-4-crimeloc19">Grafton Street, at the top of Newport Market</placeName>
<interp inst="t17720909-4-crimeloc19" type="placeName" value="Grafton Street, at the top of Newport Market"/>
<interp inst="t17720909-4-crimeloc19" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-4-off16 t17720909-4-crimeloc19"/>, a gentleman took me up.</p>
<p>Q. Were not all the shops open?</p>
<p>Duffey. There are no shops hardly but on one side; some of them were open.</p>
<p>Q. Now upon your oath, did you ever cry out thief or murder, or any thing else, while he was untying your cloak?</p>
<p>Duffey. I said to him don't kill me.</p>
<p>Q. What was the reason you did not cry out for assistance?</p>
<p>Duffey. He was not a minute doing it.</p>
<p>Q. Did you go into any house in the street afterwards upon your oath?</p>
<p>Duffey. No my own lodging was very near.</p>
<p>Q. Did you tell any of the passengers that you had been robbed, and the man had made his escape?</p>
<p>Duffey. Yes, one woman; I don't know her name.</p>
<p>Q. Did you fall down in the street from the effects of the mint and carraway?</p>
<p>Duffey. I am a sober woman.</p>
<p>Q. Did you drink a little of it?</p>
<p>Duffey. I drank a full glass.</p>
<p>Q. What made you stumble the first time?</p>
<p>Duffey. I was pulling myself from him and stumbled upon my knee.</p>
<p>Q. Who helped you up?</p>
<p>Duffey. Myself.</p>
<p>Q. Upon your oath have not you charged two or three other people with this?</p>
<p>Duffey. No, never in my life.</p>
<p>Q. Was you in the Fountain that evening?</p>
<p>Duffey. No.</p>
<persName id="t17720909-4-person77"> Gilbert Duffey
<interp inst="t17720909-4-person77" type="surname" value="Duffey"/>
<interp inst="t17720909-4-person77" type="given" value="Gilbert"/>
<interp inst="t17720909-4-person77" type="gender" value="male"/> </persName> . I am the woman's husband; after my wife was robbed she came to me, to the Crown in Newport Market, opposite where I live; that was near ten o'clock; she was stript of her cloak, handkerchief, apron, gold ring and one of her buckles; she told me she had been robbed by a man who said his name was Conway, and he lived in Cheapside; I asked if she should know the man; she said yes, and then she told me the story she has told your Lordship; she said she had been at the Hoop and Black Horse with him; I went to the Black Horse, the boy said he knew the person; he said he was afraid to tell me his name, because he might get into trouble; his master desired him to tell me his name, and place of abode; then he told me he lived in King's Court, Russel Street; my wife and I went there; they told us he was removed to the corner of Little Wylde Street; we went there, and there they said that he had been gone a fortnight; there I learnt his christian name; they told me he was gone to live in some lane near Temple Bar, and enquiring after the prisoner there, many people knew him, but could not tell me where he lived; at last a little girl told my wife that he kept a house in Ship Yard; my wife ran down to me, and said she saw the man. I sent her for a warrant; Mr. Stevenson the constable and we went to the prisoner's house; he was then drinking at the Trumpet; notice was given him that people were in pursuit of him, and he made his escape. The constable found my wife's handkerchief
<xptr type="pageFacsimile" doc="177209090006"/> and apron. There was a young man said a cloak was put up the chimney; I put my hand up the chimney and pulled down my wife's cloak.</p>
<p>Cross Examination.</p>
<p>Q. These things were in the prisoner's shop when you went to search the house?</p>
<p>Duffey. Yes; he
<rs id="t17720909-4-deflabel20" type="occupation">keeps a green stall</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-4-defend70 t17720909-4-deflabel20"/>.</p>
<p>- Stevenson. I am a constable; I went to the prisoner's house with a warrant to apprehend him. I found the handkerchief and apron that has been produced in a cradle: I saw nothing of the cloak till I came back. We met the prisoner near Clement's Inn, and secured him: there was nothing found upon him.</p>
<p>Prisoner's Defence.</p>
<p>I know nothing of it, I was at Shoreditch at the time this happened according to the woman's account. I have been a housekeeper seven years; no one could ever charge me with a pennyworth of theft.</p>
<p>He called
<persName id="t17720909-4-person78"> Matthew Tanner
<interp inst="t17720909-4-person78" type="surname" value="Tanner"/>
<interp inst="t17720909-4-person78" type="given" value="Matthew"/>
<interp inst="t17720909-4-person78" type="gender" value="male"/> </persName> , who had known him between six and seven years;
<persName id="t17720909-4-person79"> Barnard Brady
<interp inst="t17720909-4-person79" type="surname" value="Brady"/>
<interp inst="t17720909-4-person79" type="given" value="Barnard"/>
<interp inst="t17720909-4-person79" type="gender" value="male"/> </persName> , six years;
<persName id="t17720909-4-person80"> Robert Harris
<interp inst="t17720909-4-person80" type="surname" value="Harris"/>
<interp inst="t17720909-4-person80" type="given" value="Robert"/>
<interp inst="t17720909-4-person80" type="gender" value="male"/> </persName> , seven years;
<persName id="t17720909-4-person81"> Nathaniel Goddard
<interp inst="t17720909-4-person81" type="surname" value="Goddard"/>
<interp inst="t17720909-4-person81" type="given" value="Nathaniel"/>
<interp inst="t17720909-4-person81" type="gender" value="male"/> </persName> , six years;
<persName id="t17720909-4-person82"> John Connor
<interp inst="t17720909-4-person82" type="surname" value="Connor"/>
<interp inst="t17720909-4-person82" type="given" value="John"/>
<interp inst="t17720909-4-person82" type="gender" value="male"/> </persName> , seven years;
<persName id="t17720909-4-person83"> Sarah Tufnail
<interp inst="t17720909-4-person83" type="surname" value="Tufnail"/>
<interp inst="t17720909-4-person83" type="given" value="Sarah"/>
<interp inst="t17720909-4-person83" type="gender" value="female"/> </persName> his servant, and
<persName id="t17720909-4-person84"> John Grant
<interp inst="t17720909-4-person84" type="surname" value="Grant"/>
<interp inst="t17720909-4-person84" type="given" value="John"/>
<interp inst="t17720909-4-person84" type="gender" value="male"/> </persName> six years, who all gave him a good character: He also called</p>
<persName id="t17720909-4-person85"> David Collins
<interp inst="t17720909-4-person85" type="surname" value="Collins"/>
<interp inst="t17720909-4-person85" type="given" value="David"/>
<interp inst="t17720909-4-person85" type="gender" value="male"/> </persName> . I know the prisoner; I have seen him several times. My wife was sick; I was going to put her in the hospital. On Friday the 17th of July, about seven o'clock, the prisoner came into the Black Dog, opposite Shoreditch Church, and asked for
<persName id="t17720909-4-person86"> John Connor
<interp inst="t17720909-4-person86" type="surname" value="Connor"/>
<interp inst="t17720909-4-person86" type="given" value="John"/>
<interp inst="t17720909-4-person86" type="gender" value="male"/> </persName> ; I asked him what he wanted; he said to speak to him; he sat down two or three hours; when we had drank two or three pots of beer the servant of Connor came in; the prisoner staid with me till ten o'clock, and then I bid him a good night.</p>
<p>Q. What are you?</p>
<p>Collins. I am a silk weaver in Bethnal Green Parish. I am no blackyward; here I have my receipts to shew. I would not come here to tell a lye for any man.</p>
<persName id="t17720909-4-person87"> James Kennedy
<interp inst="t17720909-4-person87" type="surname" value="Kennedy"/>
<interp inst="t17720909-4-person87" type="given" value="James"/>
<interp inst="t17720909-4-person87" type="gender" value="male"/> </persName> . I am a paper stainer. I was at the Black Dog; it is a house we use, we are paid there; they called me over between seven and eight o'clock to drink part of a pot of beer; I staid while we had two pots of beer; it was past nine o'clock when I went away; the prisoner was waiting for Connor; I left Collins with him.</p>
<p>Q. to the prosecutrix. What day was you robbed?</p>
<p>Duffey. It was a Friday.</p>
<rs id="t17720909-4-verdict21" type="verdictDescription">
<interp inst="t17720909-4-verdict21" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-4-punish22" type="punishmentDescription">
<interp inst="t17720909-4-punish22" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-4-defend70 t17720909-4-punish22"/> Death </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-5">
<interp inst="t17720909-5" type="collection" value="BAILEY"/>
<interp inst="t17720909-5" type="year" value="1772"/>
<interp inst="t17720909-5" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-5" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-5-off23-c77" targOrder="Y" targets="t17720909-5-defend89 t17720909-5-off23 t17720909-5-verdict25"/>
<p>604. (L.)
<persName id="t17720909-5-defend89" type="defendantName"> WILLIAM HASKINS
<interp inst="t17720909-5-defend89" type="surname" value="HASKINS"/>
<interp inst="t17720909-5-defend89" type="given" value="WILLIAM"/>
<interp inst="t17720909-5-defend89" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-5-off23" type="offenceDescription">
<interp inst="t17720909-5-off23" type="offenceCategory" value="theft"/>
<interp inst="t17720909-5-off23" type="offenceSubcategory" value="pettyLarceny"/> stealing a linen handkerchief, value 10 d. </rs> the property of
<persName id="t17720909-5-victim91" type="victimName"> Thomas Walshman
<interp inst="t17720909-5-victim91" type="surname" value="Walshman"/>
<interp inst="t17720909-5-victim91" type="given" value="Thomas"/>
<interp inst="t17720909-5-victim91" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-5-off23 t17720909-5-victim91"/> </persName> ,
<rs id="t17720909-5-cd24" type="crimeDate">Aug. 11th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-5-off23 t17720909-5-cd24"/>. ++</p>
<rs id="t17720909-5-verdict25" type="verdictDescription">
<interp inst="t17720909-5-verdict25" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-6">
<interp inst="t17720909-6" type="collection" value="BAILEY"/>
<interp inst="t17720909-6" type="year" value="1772"/>
<interp inst="t17720909-6" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-6" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-6-off26-c79" targOrder="Y" targets="t17720909-6-defend93 t17720909-6-off26 t17720909-6-verdict28"/>
<p>605. (M.)
<persName id="t17720909-6-defend93" type="defendantName"> JAMES SLEAY
<interp inst="t17720909-6-defend93" type="surname" value="SLEAY"/>
<interp inst="t17720909-6-defend93" type="given" value="JAMES"/>
<interp inst="t17720909-6-defend93" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-6-off26" type="offenceDescription">
<interp inst="t17720909-6-off26" type="offenceCategory" value="theft"/>
<interp inst="t17720909-6-off26" type="offenceSubcategory" value="theftFromPlace"/> stealing nine guineas the property of
<persName id="t17720909-6-victim95" type="victimName"> Thomas Seboon
<interp inst="t17720909-6-victim95" type="surname" value="Seboon"/>
<interp inst="t17720909-6-victim95" type="given" value="Thomas"/>
<interp inst="t17720909-6-victim95" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-6-off26 t17720909-6-victim95"/> </persName> in his dwelling house </rs>,
<rs id="t17720909-6-cd27" type="crimeDate">July 30</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-6-off26 t17720909-6-cd27"/>. +</p>
<rs id="t17720909-6-verdict28" type="verdictDescription">
<interp inst="t17720909-6-verdict28" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-7">
<interp inst="t17720909-7" type="collection" value="BAILEY"/>
<interp inst="t17720909-7" type="year" value="1772"/>
<interp inst="t17720909-7" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-7" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-7-off29-c81" targOrder="Y" targets="t17720909-7-defend97 t17720909-7-off29 t17720909-7-verdict31"/>
<p>606. (M.)
<persName id="t17720909-7-defend97" type="defendantName"> JAMES WRIGHT
<interp inst="t17720909-7-defend97" type="surname" value="WRIGHT"/>
<interp inst="t17720909-7-defend97" type="given" value="JAMES"/>
<interp inst="t17720909-7-defend97" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-7-off29" type="offenceDescription">
<interp inst="t17720909-7-off29" type="offenceCategory" value="theft"/>
<interp inst="t17720909-7-off29" type="offenceSubcategory" value="grandLarceny"/> stealing a tankard plated with silver, value 30 s. </rs> the property of
<persName id="t17720909-7-victim99" type="victimName"> Thomas Burges
<interp inst="t17720909-7-victim99" type="surname" value="Burges"/>
<interp inst="t17720909-7-victim99" type="given" value="Thomas"/>
<interp inst="t17720909-7-victim99" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-7-off29 t17720909-7-victim99"/> </persName> ,
<rs id="t17720909-7-cd30" type="crimeDate">August 19</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-7-off29 t17720909-7-cd30"/>. *</p>
<rs id="t17720909-7-verdict31" type="verdictDescription">
<interp inst="t17720909-7-verdict31" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-8">
<interp inst="t17720909-8" type="collection" value="BAILEY"/>
<interp inst="t17720909-8" type="year" value="1772"/>
<interp inst="t17720909-8" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-8" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-8-off32-c83" targOrder="Y" targets="t17720909-8-defend101 t17720909-8-off32 t17720909-8-verdict34"/>
<p>607. (M.)
<persName id="t17720909-8-defend101" type="defendantName"> WILLIAM ADDINGTON
<interp inst="t17720909-8-defend101" type="surname" value="ADDINGTON"/>
<interp inst="t17720909-8-defend101" type="given" value="WILLIAM"/>
<interp inst="t17720909-8-defend101" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-8-off32" type="offenceDescription">
<interp inst="t17720909-8-off32" type="offenceCategory" value="theft"/>
<interp inst="t17720909-8-off32" type="offenceSubcategory" value="theftFromPlace"/> stealing a cloth coat, value 15 s. a cloth waistcoat, value 10 s. a pair of worsted breeches, value 5 s. and twelve guineas in money, numbered, the property of
<persName id="t17720909-8-victim103" type="victimName"> Michael Bray
<interp inst="t17720909-8-victim103" type="surname" value="Bray"/>
<interp inst="t17720909-8-victim103" type="given" value="Michael"/>
<interp inst="t17720909-8-victim103" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-8-off32 t17720909-8-victim103"/> </persName> , in the dwelling house of
<persName id="t17720909-8-person104"> Thomas M'Cartney
<interp inst="t17720909-8-person104" type="surname" value="M'Cartney"/>
<interp inst="t17720909-8-person104" type="given" value="Thomas"/>
<interp inst="t17720909-8-person104" type="gender" value="male"/> </persName> </rs>.
<rs id="t17720909-8-cd33" type="crimeDate">July 13</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-8-off32 t17720909-8-cd33"/>. ++</p>
<rs id="t17720909-8-verdict34" type="verdictDescription">
<interp inst="t17720909-8-verdict34" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-9">
<interp inst="t17720909-9" type="collection" value="BAILEY"/>
<interp inst="t17720909-9" type="year" value="1772"/>
<interp inst="t17720909-9" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-9" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-9-off35-c86" targOrder="Y" targets="t17720909-9-defend106 t17720909-9-off35 t17720909-9-verdict39"/>
<p>608. (M.)
<persName id="t17720909-9-defend106" type="defendantName"> ABRAHAM SIMONS
<interp inst="t17720909-9-defend106" type="surname" value="SIMONS"/>
<interp inst="t17720909-9-defend106" type="given" value="ABRAHAM"/>
<interp inst="t17720909-9-defend106" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-9-off35" type="offenceDescription">
<interp inst="t17720909-9-off35" type="offenceCategory" value="theft"/>
<interp inst="t17720909-9-off35" type="offenceSubcategory" value="theftFromPlace"/> stealing a silver sugar dish, value 22 s. and a silver milk pot, value 20 s. in the dwelling house of
<persName id="t17720909-9-victim108" type="victimName"> Barnard Fluggar
<interp inst="t17720909-9-victim108" type="surname" value="Fluggar"/>
<interp inst="t17720909-9-victim108" type="given" value="Barnard"/>
<interp inst="t17720909-9-victim108" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-9-off35 t17720909-9-victim108"/> </persName> </rs>,
<rs id="t17720909-9-cd36" type="crimeDate">July 20th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-9-off35 t17720909-9-cd36"/>. +</p>
<persName id="t17720909-9-person109"> Barnard Fluggar
<interp inst="t17720909-9-person109" type="surname" value="Fluggar"/>
<interp inst="t17720909-9-person109" type="given" value="Barnard"/>
<interp inst="t17720909-9-person109" type="gender" value="male"/> </persName> . I am a
<rs id="t17720909-9-viclabel37" type="occupation">surgeon</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-9-victim108 t17720909-9-viclabel37"/>; I live in
<placeName id="t17720909-9-crimeloc38">Prescot Street, Goodman's Fields</placeName>
<interp inst="t17720909-9-crimeloc38" type="placeName" value="Prescot Street, Goodman's Fields"/>
<interp inst="t17720909-9-crimeloc38" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-9-off35 t17720909-9-crimeloc38"/>. I was called down between eight and nine o'clock in the morning on the 20th of July, and I found the prisoner and
<persName id="t17720909-9-person110"> John Todd
<interp inst="t17720909-9-person110" type="surname" value="Todd"/>
<interp inst="t17720909-9-person110" type="given" value="John"/>
<interp inst="t17720909-9-person110" type="gender" value="male"/> </persName> in my room.</p>
<persName id="t17720909-9-person111"> John Todd
<interp inst="t17720909-9-person111" type="surname" value="Todd"/>
<interp inst="t17720909-9-person111" type="given" value="John"/>
<interp inst="t17720909-9-person111" type="gender" value="male"/> </persName> . Between nine and ten in the morning of the 20th of July, I saw the prisoner talking to a woman in Prescot Street; they soon parted; she went away and the prisoner walked by the prosecutor's house, and then he went in. I said to a man that was near me, stay a little,
<xptr type="pageFacsimile" doc="177209090007"/> and we shall see what the man is about. I soon perceived him in the parlour; I saw him take up the sugar dish and milk pot, and bring them towards the door; then he saw the other man and me standing in the passage, and returned them to the place again; the milk was spilt and the sugar was scattered about the table; I stept up to him, took him by the collar, and asked him what business he had with that plate; he said he had none.</p>
<p>Prisoner's Defence.</p>
<p>I went to the house with no bad intent. I had the foul disease and went for advice; they surprised me so, that I had no opportunity of telling my intent in going there.</p>
<rs id="t17720909-9-verdict39" type="verdictDescription">
<interp inst="t17720909-9-verdict39" type="verdictCategory" value="guilty"/>
<interp inst="t17720909-9-verdict39" type="verdictSubcategory" value="theftunder40s"/> Guilty 39 s </rs>.
<rs id="t17720909-9-punish40" type="punishmentDescription">
<interp inst="t17720909-9-punish40" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-9-defend106 t17720909-9-punish40"/> T </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-10">
<interp inst="t17720909-10" type="collection" value="BAILEY"/>
<interp inst="t17720909-10" type="year" value="1772"/>
<interp inst="t17720909-10" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-10" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-10-off41-c91" targOrder="Y" targets="t17720909-10-defend113 t17720909-10-off41 t17720909-10-verdict43"/>
<p>609. (M.)
<persName id="t17720909-10-defend113" type="defendantName"> RICHARD TURNER
<interp inst="t17720909-10-defend113" type="surname" value="TURNER"/>
<interp inst="t17720909-10-defend113" type="given" value="RICHARD"/>
<interp inst="t17720909-10-defend113" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-10-off41" type="offenceDescription">
<interp inst="t17720909-10-off41" type="offenceCategory" value="theft"/>
<interp inst="t17720909-10-off41" type="offenceSubcategory" value="theftFromPlace"/> stealing three guineas and four half guineas in money, numbered, the property of
<persName id="t17720909-10-victim115" type="victimName"> Edmund Bell
<interp inst="t17720909-10-victim115" type="surname" value="Bell"/>
<interp inst="t17720909-10-victim115" type="given" value="Edmund"/>
<interp inst="t17720909-10-victim115" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-10-off41 t17720909-10-victim115"/> </persName> , in his dwelling house </rs>,
<rs id="t17720909-10-cd42" type="crimeDate">July 28</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-10-off41 t17720909-10-cd42"/>. +</p>
<rs id="t17720909-10-verdict43" type="verdictDescription">
<interp inst="t17720909-10-verdict43" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-11">
<interp inst="t17720909-11" type="collection" value="BAILEY"/>
<interp inst="t17720909-11" type="year" value="1772"/>
<interp inst="t17720909-11" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-11" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-11-off44-c93" targOrder="Y" targets="t17720909-11-defend117 t17720909-11-off44 t17720909-11-verdict45"/>
<p>610. (M.)
<persName id="t17720909-11-defend117" type="defendantName"> RICHARD FOTTERELL
<interp inst="t17720909-11-defend117" type="surname" value="FOTTERELL"/>
<interp inst="t17720909-11-defend117" type="given" value="RICHARD"/>
<interp inst="t17720909-11-defend117" type="gender" value="male"/> </persName> was indicted for that
<rs id="t17720909-11-off44" type="offenceDescription">
<interp inst="t17720909-11-off44" type="offenceCategory" value="violentTheft"/>
<interp inst="t17720909-11-off44" type="offenceSubcategory" value="highwayRobbery"/> he on the king's highway, on
<persName id="t17720909-11-victim118" type="victimName"> Guitano Menini
<interp inst="t17720909-11-victim118" type="surname" value="Menini"/>
<interp inst="t17720909-11-victim118" type="given" value="Guitano"/>
<interp inst="t17720909-11-victim118" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-11-off44 t17720909-11-victim118"/> </persName> did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 45 s. a steel chain, value 4 d. a cane value 6 d. an amethyst ring set in gold, value 4 l. and 2 s. in money, numbered, the property of the said Guitano </rs>. +</p>
<rs id="t17720909-11-verdict45" type="verdictDescription">
<interp inst="t17720909-11-verdict45" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p>
<p>See No. 964 in Mr. Alderman Crosby's mayoralty.</p> </div1>
<div1 type="trialAccount" id="t17720909-12">
<interp inst="t17720909-12" type="collection" value="BAILEY"/>
<interp inst="t17720909-12" type="year" value="1772"/>
<interp inst="t17720909-12" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-12" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-12-off47-c95" targOrder="Y" targets="t17720909-12-defend119 t17720909-12-off47 t17720909-12-verdict49"/>
<join result="criminalCharge" id="t17720909-12-off47-c96" targOrder="Y" targets="t17720909-12-person120 t17720909-12-off47 t17720909-12-verdict49"/>
<p>611. (M.)
<persName id="t17720909-12-defend119" type="defendantName"> ANN the
<rs id="t17720909-12-deflabel46" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-12-defend119 t17720909-12-deflabel46"/>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-12-person120 t17720909-12-deflabel46"/> of
<persName id="t17720909-12-person120" type="defendantName"> JOHN GREY
<interp inst="t17720909-12-person120" type="surname" value="GREY"/>
<interp inst="t17720909-12-person120" type="given" value="JOHN"/>
<interp inst="t17720909-12-person120" type="gender" value="male"/> </persName>
<interp inst="t17720909-12-defend119" type="surname" value="the"/>
<interp inst="t17720909-12-defend119" type="given" value="ANN"/>
<interp inst="t17720909-12-defend119" type="gender" value="female"/> </persName> was indicted for
<rs id="t17720909-12-off47" type="offenceDescription">
<interp inst="t17720909-12-off47" type="offenceCategory" value="theft"/>
<interp inst="t17720909-12-off47" type="offenceSubcategory" value="grandLarceny"/> stealing a laced black silk cloak, value 5 s. a child's linen jamb, value 2 s. a child's linen petticoat, value 1 s. a silk handkerchief, value 1 s. and a silk and cotton handkerchief, value 1 s. </rs> the property of
<persName id="t17720909-12-victim122" type="victimName"> John Lloyd
<interp inst="t17720909-12-victim122" type="surname" value="Lloyd"/>
<interp inst="t17720909-12-victim122" type="given" value="John"/>
<interp inst="t17720909-12-victim122" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-12-off47 t17720909-12-victim122"/> </persName> ,
<rs id="t17720909-12-cd48" type="crimeDate">July 27</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-12-off47 t17720909-12-cd48"/>. +</p>
<rs id="t17720909-12-verdict49" type="verdictDescription">
<interp inst="t17720909-12-verdict49" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-13">
<interp inst="t17720909-13" type="collection" value="BAILEY"/>
<interp inst="t17720909-13" type="year" value="1772"/>
<interp inst="t17720909-13" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-13" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-13-off51-c98" targOrder="Y" targets="t17720909-13-defend124 t17720909-13-off51 t17720909-13-verdict56"/>
<join result="criminalCharge" id="t17720909-13-off51-c99" targOrder="Y" targets="t17720909-13-defend126 t17720909-13-off51 t17720909-13-verdict56"/>
<join result="criminalCharge" id="t17720909-13-off53-c100" targOrder="Y" targets="t17720909-13-defend128 t17720909-13-off53 t17720909-13-verdict56"/>
<p>612, 613, 614. (M.)
<persName id="t17720909-13-defend124" type="defendantName"> ISAAC POULTON
<interp inst="t17720909-13-defend124" type="surname" value="POULTON"/>
<interp inst="t17720909-13-defend124" type="given" value="ISAAC"/>
<interp inst="t17720909-13-defend124" type="gender" value="male"/> </persName> ,
<persName id="t17720909-13-defend126" type="defendantName"> EDMUND BURTON
<interp inst="t17720909-13-defend126" type="surname" value="BURTON"/>
<interp inst="t17720909-13-defend126" type="given" value="EDMUND"/>
<interp inst="t17720909-13-defend126" type="gender" value="male"/> </persName> and
<persName id="t17720909-13-defend128" type="defendantName"> SARAH DAVIS
<interp inst="t17720909-13-defend128" type="surname" value="DAVIS"/>
<interp inst="t17720909-13-defend128" type="given" value="SARAH"/>
<interp inst="t17720909-13-defend128" type="gender" value="female"/> </persName> ,
<rs id="t17720909-13-deflabel50" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-13-defend128 t17720909-13-deflabel50"/>, were indicted, the first two for that
<rs id="t17720909-13-off51" type="offenceDescription">
<interp inst="t17720909-13-off51" type="offenceCategory" value="violentTheft"/>
<interp inst="t17720909-13-off51" type="offenceSubcategory" value="highwayRobbery"/> they on the king's highway, on
<persName id="t17720909-13-victim130" type="victimName"> Henry Legh
<interp inst="t17720909-13-victim130" type="surname" value="Legh"/>
<interp inst="t17720909-13-victim130" type="given" value="Henry"/>
<interp inst="t17720909-13-victim130" type="gender" value="male"/> </persName> ,
<rs id="t17720909-13-viclabel52" type="occupation">Esq</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-13-victim130 t17720909-13-viclabel52"/>; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a hat, value 5 s. the property of the said Henry </rs>; and
<persName id="t17720909-13-person131"> Sarah Davis
<interp inst="t17720909-13-person131" type="surname" value="Davis"/>
<interp inst="t17720909-13-person131" type="given" value="Sarah"/>
<interp inst="t17720909-13-person131" type="gender" value="female"/> </persName> for
<rs id="t17720909-13-off53" type="offenceDescription">
<interp inst="t17720909-13-off53" type="offenceCategory" value="theft"/>
<interp inst="t17720909-13-off53" type="offenceSubcategory" value="receiving"/> receiving the said hat, well knowing it to have been stolen </rs>,
<rs id="t17720909-13-cd54" type="crimeDate">May 7th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-13-off51 t17720909-13-cd54"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-13-off53 t17720909-13-cd54"/>. +</p>
<p>Mr. Legh. On Wednesday the 6th of May, I spent the evening with some friends in Gate Street, Lincoln's-inn-fields; I staid there till between twelve and one o'clock in the morning; there is a court yard before the house; the servant of the gentleman at whose house I was came out with a candle, and lighted me quite into the street. I went towards Lincoln's-inn-fields; when I came towards the end of the street,
<placeName id="t17720909-13-crimeloc55">near Stonecutter's alley</placeName>
<interp inst="t17720909-13-crimeloc55" type="placeName" value="near Stonecutter's alley"/>
<interp inst="t17720909-13-crimeloc55" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-13-off51 t17720909-13-crimeloc55"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-13-off53 t17720909-13-crimeloc55"/>, I perceived my hat move; I clapt my left hand up to my hat, and immediately received a blow upon my left arm, which broke it. I called out for assistance, upon which I received some other blows upon my head, and was very soon brought to the ground; when I got up, I did not see any one; I saw my wig about a yard from me; I took it up and called for the watch; the watch came and went with me to my lodgings. I never saw or heard any person, I only felt them. I have not recovered the right use of my arm yet.</p>
<p>Q. Did you receive any injury upon your head?</p>
<p>Legh. No; I was bruised on my right side by the fall. I believe the blows upon my head were given with a pistol.</p>
<p>Q. It was very dry weather at that time I believe?</p>
<p>Legh. I believe it was.</p>
<persName id="t17720909-13-person132"> John Dixon
<interp inst="t17720909-13-person132" type="surname" value="Dixon"/>
<interp inst="t17720909-13-person132" type="given" value="John"/>
<interp inst="t17720909-13-person132" type="gender" value="male"/> </persName> . I know all the prisoners at the bar;
<persName id="t17720909-13-person133"> Isaac Poulton
<interp inst="t17720909-13-person133" type="surname" value="Poulton"/>
<interp inst="t17720909-13-person133" type="given" value="Isaac"/>
<interp inst="t17720909-13-person133" type="gender" value="male"/> </persName> and
<persName id="t17720909-13-person134"> Edmund Burton
<interp inst="t17720909-13-person134" type="surname" value="Burton"/>
<interp inst="t17720909-13-person134" type="given" value="Edmund"/>
<interp inst="t17720909-13-person134" type="gender" value="male"/> </persName> are soldiers; they two and I were together in a street in Lincoln's inn-fields; I forgot the name of the street; the street goes from the late duke of Newcastle's house to Little Turnstile.</p>
<p>Q. Did you ever see this gentleman (Mr. Legh) before.</p>
<p>Dixon. Yes; we saw the gentleman come out of a house just by Stonecutter's-alley; the footman lighted him out with a candle; when he had lighted the gentleman to the door he went back; as soon as the footman was gone in, we passed Mr. Legh, then we turned back, and
<persName id="t17720909-13-person135"> Isaac Poulton
<interp inst="t17720909-13-person135" type="surname" value="Poulton"/>
<interp inst="t17720909-13-person135" type="given" value="Isaac"/>
<interp inst="t17720909-13-person135" type="gender" value="male"/> </persName> knocked him down; he took his shoes off that he might not be heard as he went up to him. Poulton went to touch his hat; I believe Mr. Legh put up his hand, upon which he
<xptr type="pageFacsimile" doc="177209090008"/> knocked him down, and then took his hat; Mr. Legh cried out, and we ran away. Burton and I went round the other way, and met Poulton in Little Queen-street; there he shewed us the hat; then we went into Parker's-lane to carry the hat home.</p>
<p>Q. To whose home?</p>
<p>Dixon. Poulton's home; he lived with
<persName id="t17720909-13-person136"> Sarah Davis
<interp inst="t17720909-13-person136" type="surname" value="Davis"/>
<interp inst="t17720909-13-person136" type="given" value="Sarah"/>
<interp inst="t17720909-13-person136" type="gender" value="female"/> </persName> , I have seen them together many times at Davis's room. We went to the street door with Poulton, and staid till he came out; Davis was not at home; we met her in Holborn just before; he came down again without the hat; then we all went to a night house, and had some beer; from thence we went to Covent Garden. A man and I fell out there, and I was taken to the round house; Poulton and Burton came to me next morning, at the
<persName id="t17720909-13-person137"> Brown Bear
<interp inst="t17720909-13-person137" type="surname" value="Bear"/>
<interp inst="t17720909-13-person137" type="given" value="Brown"/>
<interp inst="t17720909-13-person137" type="gender" value="male"/> </persName> in Bow-street. I was cleared by the magistrate; they came away with me. They told me afterwards that the hat was pawned by
<persName id="t17720909-13-person138"> Sarah Davis
<interp inst="t17720909-13-person138" type="surname" value="Davis"/>
<interp inst="t17720909-13-person138" type="given" value="Sarah"/>
<interp inst="t17720909-13-person138" type="gender" value="female"/> </persName> ; some of the money was spent at the
<persName id="t17720909-13-person139"> Brown Bear
<interp inst="t17720909-13-person139" type="surname" value="Bear"/>
<interp inst="t17720909-13-person139" type="given" value="Brown"/>
<interp inst="t17720909-13-person139" type="gender" value="male"/> </persName> before I was cleared; then we shared 2 s. or 18 d. a piece.</p>
<p>Q. to Mr. Legh. Was it a new hat?</p>
<p>Mr. Legh. I bought it about a month before.</p>
<persName id="t17720909-13-person140"> Jonathan Rutland
<interp inst="t17720909-13-person140" type="surname" value="Rutland"/>
<interp inst="t17720909-13-person140" type="given" value="Jonathan"/>
<interp inst="t17720909-13-person140" type="gender" value="male"/> </persName> . I am a pawnbroker; I live at the corner of Featherstone Buildings. I have known
<persName id="t17720909-13-person141"> Sarah Davis
<interp inst="t17720909-13-person141" type="surname" value="Davis"/>
<interp inst="t17720909-13-person141" type="given" value="Sarah"/>
<interp inst="t17720909-13-person141" type="gender" value="female"/> </persName> for a twelve month; I don't know either of the men; she came to our shop to pawn this hat (producing it) on the 7th of May last, in the morning; I lent her 5 s. on it. The ticket upon it says for
<persName id="t17720909-13-person142"> John Jones
<interp inst="t17720909-13-person142" type="surname" value="Jones"/>
<interp inst="t17720909-13-person142" type="given" value="John"/>
<interp inst="t17720909-13-person142" type="gender" value="male"/> </persName> .</p>
<p>Mr. Legh. I verily believe this to be my hat.</p>
<persName id="t17720909-13-person143"> Thomas Jacob Boudillon
<interp inst="t17720909-13-person143" type="surname" value="Jacob Boudillon"/>
<interp inst="t17720909-13-person143" type="given" value="Thomas"/>
<interp inst="t17720909-13-person143" type="gender" value="male"/> </persName> . I am a hosier and hatter, and live in Russell Street, Covent Garden, Mr. Legh buys his hats at our shop. I verily believe this is the hat I sold to Mr. Legh; what makes it more particular is, the hat I sold Mr. Legh, was a hat that had been firred inside; we took the fir out; it appears as if some of the shag had remained, and it is the button and loop that we generally put on.</p>
<persName id="t17720909-13-person144"> Charles Morgan
<interp inst="t17720909-13-person144" type="surname" value="Morgan"/>
<interp inst="t17720909-13-person144" type="given" value="Charles"/>
<interp inst="t17720909-13-person144" type="gender" value="male"/> </persName> . I am a constable of the parish of St. Giles, of the division which Lincoln's-inn-fields is in. I have known Davis eight years, and Poulton about three quarters of a year or a twelve-month. I know Poulton and Davis are intimate, they have told me so, and I have often seen Dixon with them.</p>
<p>Poulton's Defence.</p>
<p>Sir John admitted
<persName id="t17720909-13-person145"> Dixon
<interp inst="t17720909-13-person145" type="given" value="Dixon"/>
<interp inst="t17720909-13-person145" type="gender" value="male"/> </persName> an evidence about three months ago; I have never been in his company since. Why did he not tell of this robbery then? I never was in company more than meeting with him in a public house.</p>
<p>Burton's Defence.</p>
<p>I know nothing at all of it.</p>
<p>Davis's Defence.</p>
<p>I don't know any thing at all about the hat.</p>
<p>For Davis.</p>
<persName id="t17720909-13-person146"> Jonathan Rutland
<interp inst="t17720909-13-person146" type="surname" value="Rutland"/>
<interp inst="t17720909-13-person146" type="given" value="Jonathan"/>
<interp inst="t17720909-13-person146" type="gender" value="male"/> </persName> . I never knew any harm of Davis before; she has often pawned things at our shop; she has sometimes pawned things for other people.</p>
<p>Q. to Mr. Legh. Do you remember meeting any people in Gate Street?</p>
<p>Mr. Legh. I think I did just as I came into the street but I cannot be certain.</p>
<rs id="t17720909-13-verdict56" type="verdictDescription">
<interp inst="t17720909-13-verdict56" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-13-punish57" type="punishmentDescription">
<interp inst="t17720909-13-punish57" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-13-defend124 t17720909-13-punish57"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-13-defend126 t17720909-13-punish57"/> Death </rs>.</p>
<p>BURTON, Guilty. Death.</p>
<p>DAVIS, Guilty.
<rs id="t17720909-13-punish58" type="punishmentDescription">
<interp inst="t17720909-13-punish58" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-13-defend128 t17720909-13-punish58"/> T. 14 Years </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-14">
<interp inst="t17720909-14" type="collection" value="BAILEY"/>
<interp inst="t17720909-14" type="year" value="1772"/>
<interp inst="t17720909-14" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-14" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-14-off59-c118" targOrder="Y" targets="t17720909-14-defend148 t17720909-14-off59 t17720909-14-verdict61"/>
<p>615. (M.)
<persName id="t17720909-14-defend148" type="defendantName"> WILLIAM JONES
<interp inst="t17720909-14-defend148" type="surname" value="JONES"/>
<interp inst="t17720909-14-defend148" type="given" value="WILLIAM"/>
<interp inst="t17720909-14-defend148" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-14-off59" type="offenceDescription">
<interp inst="t17720909-14-off59" type="offenceCategory" value="theft"/>
<interp inst="t17720909-14-off59" type="offenceSubcategory" value="theftFromPlace"/> ripping, cutting and stealing 100 lb. of lead, the said lead being affixed to a certain house </rs> the property of
<persName id="t17720909-14-victim150" type="victimName"> Alexander Basset
<interp inst="t17720909-14-victim150" type="surname" value="Basset"/>
<interp inst="t17720909-14-victim150" type="given" value="Alexander"/>
<interp inst="t17720909-14-victim150" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-14-off59 t17720909-14-victim150"/> </persName> ,
<rs id="t17720909-14-cd60" type="crimeDate">June 24th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-14-off59 t17720909-14-cd60"/>. +</p>
<persName id="t17720909-14-person151"> William Clark
<interp inst="t17720909-14-person151" type="surname" value="Clark"/>
<interp inst="t17720909-14-person151" type="given" value="William"/>
<interp inst="t17720909-14-person151" type="gender" value="male"/> </persName> and
<persName id="t17720909-14-person152"> Bladis Pallaster
<interp inst="t17720909-14-person152" type="surname" value="Pallaster"/>
<interp inst="t17720909-14-person152" type="given" value="Bladis"/>
<interp inst="t17720909-14-person152" type="gender" value="indeterminate"/> </persName> deposed,</p>
<p>"That they saw the prisoner about the house, and suspecting him, they watched him; that they found him in a stable near the house, with a large piece of lead covered with some hay; that upon their charging him with stealing the lead he first said he was ill, and could not carry such a weight, and that afterwards he told them they could not hurt him, as he had not taken it off. They also deposed, that they compared the lead and it sitted exactly the place from whence the lead had been stolen."</p>
<p>The prisoner, in his defence, said,</p>
<p>"he knew nothing of the lead." He called no witnesses to his character.</p>
<rs id="t17720909-14-verdict61" type="verdictDescription">
<interp inst="t17720909-14-verdict61" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-14-punish62" type="punishmentDescription">
<interp inst="t17720909-14-punish62" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-14-defend148 t17720909-14-punish62"/> T </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-15">
<interp inst="t17720909-15" type="collection" value="BAILEY"/>
<interp inst="t17720909-15" type="year" value="1772"/>
<interp inst="t17720909-15" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-15" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-15-off63-c122" targOrder="Y" targets="t17720909-15-defend153 t17720909-15-off63 t17720909-15-verdict70"/>
<join result="criminalCharge" id="t17720909-15-off63-c123" targOrder="Y" targets="t17720909-15-defend156 t17720909-15-off63 t17720909-15-verdict70"/>
<p>616, 617. (M.)
<persName id="t17720909-15-defend153" type="defendantName"> GEORGE KEM otherwise
<rs id="t17720909-15-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17720909-15-defend153 t17720909-15-alias-1"/>BUTCHER</rs>
<interp inst="t17720909-15-defend153" type="surname" value="KEM"/>
<interp inst="t17720909-15-defend153" type="given" value="GEORGE"/>
<interp inst="t17720909-15-defend153" type="gender" value="male"/> </persName> , and
<persName id="t17720909-15-defend156" type="defendantName"> BENJAMIN JOHNSON
<interp inst="t17720909-15-defend156" type="surname" value="JOHNSON"/>
<interp inst="t17720909-15-defend156" type="given" value="BENJAMIN"/>
<interp inst="t17720909-15-defend156" type="gender" value="male"/> </persName> , were indicted, for that
<rs id="t17720909-15-off63" type="offenceDescription">
<interp inst="t17720909-15-off63" type="offenceCategory" value="violentTheft"/>
<interp inst="t17720909-15-off63" type="offenceSubcategory" value="highwayRobbery"/> they on the king's highway, on
<persName id="t17720909-15-victim158" type="victimName"> William Kitchen
<interp inst="t17720909-15-victim158" type="surname" value="Kitchen"/>
<interp inst="t17720909-15-victim158" type="given" value="William"/>
<interp inst="t17720909-15-victim158" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-15-off63 t17720909-15-victim158"/> </persName> , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, and 2 s. in money, numbered, the property of the said William </rs>,
<rs id="t17720909-15-cd64" type="crimeDate">Aug. 5th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-15-off63 t17720909-15-cd64"/>. ++</p>
<xptr type="pageFacsimile" doc="177209090009"/>
<persName id="t17720909-15-person159"> William Kitchen
<interp inst="t17720909-15-person159" type="surname" value="Kitchen"/>
<interp inst="t17720909-15-person159" type="given" value="William"/>
<interp inst="t17720909-15-person159" type="gender" value="male"/> </persName> . I am a
<rs id="t17720909-15-viclabel65" type="occupation">polisher in marble</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-15-victim158 t17720909-15-viclabel65"/>, in Portland Street, Marybone. On Wednesday the 5th of August, between eight and nine at night, I was robbed going towards
<placeName id="t17720909-15-crimeloc66">Marybone Turnpike</placeName>
<interp inst="t17720909-15-crimeloc66" type="placeName" value="Marybone Turnpike"/>
<interp inst="t17720909-15-crimeloc66" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-15-off63 t17720909-15-crimeloc66"/>, in company with
<persName id="t17720909-15-person160"> Elizabeth Spencer
<interp inst="t17720909-15-person160" type="surname" value="Spencer"/>
<interp inst="t17720909-15-person160" type="given" value="Elizabeth"/>
<interp inst="t17720909-15-person160" type="gender" value="female"/> </persName> , between the
<placeName id="t17720909-15-crimeloc67">Farthing Pye House</placeName>
<interp inst="t17720909-15-crimeloc67" type="placeName" value="Farthing Pye House"/>
<interp inst="t17720909-15-crimeloc67" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-15-off63 t17720909-15-crimeloc67"/> and the Turnpike. The two prisoners both attacked us with each a pistol; Johnson d - d me, and bid me stand, or he said he would blow my brains out; bid me deliver my money; he repeated that several times over. I delivered him first a shilling and then another; he d - d me, and said I had got a watch; I made no answer, but he put his hand to my sob and took it out; I had tucked the chain in. Then he returned me a shilling back, and bid us go forward, and said if we turned back, he would blow our brains out; I went forward as far as the watch box. I saw the other that was with
<persName id="t17720909-15-person161"> Elizabeth Spencer
<interp inst="t17720909-15-person161" type="surname" value="Spencer"/>
<interp inst="t17720909-15-person161" type="given" value="Elizabeth"/>
<interp inst="t17720909-15-person161" type="gender" value="female"/> </persName> have a handkerchief in his hand, and I heard some halfpence chink; they turned back again, and said if we did not go back, and made any noise, they would come back, and blow our brains out. We went to the watch box; we met two men; I asked them if they were not in company with them; they said no. I said we have been robbed; they went with me; we met two other men, and we all five pursued them; I saw them both run over into a field, and in less than five minutes (they had before got out of my sight) I saw them in a road that goes to Portland Street, crossing out of that into the field; they went into a field where stones are laid that are taken up from the old pavement. I ran after Kem, but lost him among the stones. A person was looking out at a window, who said he saw the man go by. I went into the New Road again, and met with several men; we were at the Pye House informed that a man was in the common sewer, who afterwards proved to be Johnson; the common sewer was broke in.</p>
<p>Q. Is that out of the road?</p>
<p>Kitchen. Yes. We went there; I saw Johnson just at the hole, and another man who had got hold of him; he had disfigured his face that I could not at that time swear to his face, but I could swear to his clothes and hat. The other (Kem) was taken next night, in a street that goes out of Leicester-fields.</p>
<p>Q. You say Johnson first attacked you, had you ever seen him before?</p>
<p>Kitchen. No.</p>
<p>Q. Was it dark?</p>
<p>Kitchen. No, it was rather dusk; I could see to the Turnpike very plain; Johnson had a brown coat on and a round hat; I could see his face, I am certain he is the person. The other was dressed in a brown great coat, and such a hat as Johnson's, but I did not take so much notice of him as of Johnson. I challenged Johnson next morning as soon as he was brought out.</p>
<p>Q. What did you say the night before?</p>
<p>Kitchen. That I could not swear to his face he was so disfigured, but I could to his clothes and hat.</p>
<p>Q. What do you say to Kem?</p>
<p>Kitchen. He appears to be the same man; he is the same size and dress, but I will not swear to his face; I do believe him to be the man; I did not take so much notice of him as of Johnson.</p>
<p>Q. Where had you been that night?</p>
<p>Kitchen. I was coming from home. I went into Titchfield street to call for this young woman to take a walk.</p>
<p>Q. Was you sober?</p>
<p>Kitchen. I don't kno w that I had had a pint of beer that day.</p>
<p>Cross Examination.</p>
<p>Q. What time of the night was it?</p>
<p>Kitchen. About a quarter before nine on the 5th of August.</p>
<p>Q. What sort of a day had it been?</p>
<p>Kitchen. A very fine day.</p>
<p>Q. How far was you from Kem?</p>
<p>Kitchen. About a yard or three quarters of a yard.</p>
<p>Q. You say you never saw Johnson before, and you did not know him that night afterwards you say?</p>
<p>Kitchen. He was disguised.</p>
<p>Q. That place you say is a common sewer where Johnson was found; there is a way across the field I believe?</p>
<p>Kitchen. I don't know that there is any common foot path, any further than some people make a practice of going through that field; I saw the prisoner go into that field.</p>
<p>Q. What is
<persName id="t17720909-15-person162"> Elizabeth Spencer
<interp inst="t17720909-15-person162" type="surname" value="Spencer"/>
<interp inst="t17720909-15-person162" type="given" value="Elizabeth"/>
<interp inst="t17720909-15-person162" type="gender" value="female"/> </persName> ?</p>
<p>Kitchen. A servant to Capt. Mills, in Titchfield-street.</p>
<persName id="t17720909-15-person163"> Elizabeth Spencer
<interp inst="t17720909-15-person163" type="surname" value="Spencer"/>
<interp inst="t17720909-15-person163" type="given" value="Elizabeth"/>
<interp inst="t17720909-15-person163" type="gender" value="female"/> </persName> . I was walking with Mr. Kitchen on Wednesday the 5th of August, about a quarter before nine, and as we were walking towards the Turnpike at Marybone, the two
<xptr type="pageFacsimile" doc="177209090010"/> prisoners met us; they had each a pistol. Kem presented one to me, and Johnson one to Mr. Kitchen. Kem d - d me, and bid me deliver my money, or my life, this moment, or I'll blow your brains out; I told him I was only a servant and had no money; he said d - n you don't you tell me so, I insist upon your money this minute. I told him not to be in so great a hurry and what I had got he should have; I pulled a silk handkerchief out of my pocket; I held it in my other hand; I had nothing but a few halfpence and a silver thimble, I held in my hand to shew him; he said, d - n you don't tell me so, you have more; he held the pistol fast to my breast, whilst I held my pockets, for him to feel. When he had felt in my pocket and found there was no more, he said, d - n your eyes but I will have your silk handkerchief, and I will have the price of a pot or pint of beer, I am not sure which, and he took that and my silver thimble. When they were going away we offered to go back with them, and they turned about, and said, d - n your eyes go on, make no noise, or we will blow your brains out this minute. We made a stop, and they turned about again, and repeated the same words, and bid us say nothing and make no noise; we went on and saw two men a-coming; I asked them if they had met two men; they said they did; I said do you belong to them; they said no; one of them asked what was the matter; I said they had robbed us. One of them said he heard one of the men say as they passed them, d - n me. I'll never want money; we asked them to assist, and they went in pursuit of them.</p>
<p>Q. Had you ever seen them before?</p>
<p>Spencer. Never to my knowledge.</p>
<p>Q. Are you sure the prisoners are the men that robbed you?</p>
<p>Spencer. I am positive to Kem that he robbed me. I am not positive to the other; I thought I knew him.</p>
<p>Q. When did you see Kem again?</p>
<p>Spencer. On the Friday afternoon, at Justice Welch's; I was taken into a large room where there were a great many men, I suppose there were thirty, in order to see if I knew him; I picked him out instantly; I saw Johnson at a public house that night when he was taken; I said then by the size of the man, that I believed he was one that robbed us, but he was so disfigured with dirt that I could not be certain to him; he seemed to have fell down in the dirt, his hands and face were very dirty.</p>
<p>Q. Have you ever found your handkerchief?</p>
<p>Spencer. No.</p>
<p>Cross Examination.</p>
<p>Q. Was you very much frightened?</p>
<p>Spencer. Yes; if it had not been for the help of a gentleman I afterwards met, I don't believe I should have been able to have got home.</p>
<p>Q. Then in this great fright and confusion was it possible for you to take notice of this man so as to know him again?</p>
<p>Spencer. Yes; there was light enough to discern any face, and I had my eyes upon him all the time.</p>
<p>Q. But you was in a good deal of confusion?</p>
<p>Spencer. I was in more confusion when they left us than when they were with us.</p>
<p>Q. Did you point this man out at first?</p>
<p>Spencer. When I first went into the room, I said I don't know; then I looked about, and I went up to him, and said that is the man that robbed me; I asked him to stand up; when he stood up I knew him perfectly.</p>
<p>Q. You saw his face before he stood up?</p>
<p>Spencer. No, his hat was over his face.</p>
<p>Q. You might see his face without his standing up; do you form your judgment from his face or his size?</p>
<p>Spencer. From both; I could not have been so very positive to him unless he had stood up, I could not have seen his dress so well.</p>
<p>Q. His dress was a circumstance then?</p>
<p>Spencer. His size and face were more.</p>
<p>Q. Had you pointed to any body in the room before?</p>
<p>Spencer. No.</p>
<p>Q. Did you point to the man's brother, or had any doubt of his being the person?</p>
<p>Spencer. No.</p>
<persName id="t17720909-15-person164"> Joseph Debb
<interp inst="t17720909-15-person164" type="surname" value="Debb"/>
<interp inst="t17720909-15-person164" type="given" value="Joseph"/>
<interp inst="t17720909-15-person164" type="gender" value="male"/> </persName> . I am a waiter at the Green Man. On the 5th of August, about a quarter before nine, Mr. Mascall came to me, and said a footpad had got into the sewer; we took each a light from the bar; I went first; the sewer is in a field, some dung carts had broke it down, and it is rather better than a yard deep. When I came to the sewer I put the candle down and the prisoner jumped up that moment, ab, said he, what is the matter! He had been under the arch; I said you have no business here; he said he was very much in liquor; Mr. Mascall and I laid hold of him; he gave a struggle and wanted to get off; I told him it would be best
<xptr type="pageFacsimile" doc="177209090011"/> for him not to struggle; he said, I am very much in liquor, how I came here I cannot tell. Kitchen came up, and said he could swear to his clothes and hat, but his face to be sure was very dirty; he said he could not swear to his face then on that account. He had fell down upon his side; his breeches and one side of his stocking were very wet. We took him to the watch house.</p>
<p>- Marshall confirmed this evidence; he also said that Kitchen described Johnson to them before they want to seek him in the sewer; and added, that the prisoner, after they had taken him, went through a narrow passage, where only one could pass at a time; that there they let go of him, and he did not attempt an escape, and that the prisoner was sober when they took him into custody.</p>
<persName id="t17720909-15-person165"> Thomas Hitchcock
<interp inst="t17720909-15-person165" type="surname" value="Hitchcock"/>
<interp inst="t17720909-15-person165" type="given" value="Thomas"/>
<interp inst="t17720909-15-person165" type="gender" value="male"/> </persName> . As I was going home from work with Mr. Monk, from farmer Gardner's, we met two men near Marybone Turnpike; after they had passed us, one of them said, d - n my eyes if ever I want money; they were going from Marybone Turnpike towards the other Turnpike; just as we had passed them we saw a man and woman before us.</p>
<p>Q. Did you take notice of the men?</p>
<p>Hitchcock. Yes; one was a tall man in a brown coat and red waistcoat, that I am certain is Johnson; the other was a short man *, I don't know much of him. When we came up to the man and woman, they asked us if we had met two man; we said we had; they asked us if we belonged to them; we said no; they said they had just been robbed of a watch and handkerchief, and the man asked us to go back and assist in pursuit of them; we followed them across the road into the field. Where the sewer it, we hollowed out, stop thief; there was a running light across the field; I saw one drop down into the sewer; I ran just past the hole and as I run past I saw him on the right (Johnson) in the hole; the other went forward; we went to the house, and these men were coming down the road; I told them there was a footpad in the sewer; they went and got a light; I watched the sewer till they came back, and then we took Johnson out of the sewer.</p>
<p>* Kem is short: Johnson very tall and stout.</p>
<p>Manolda Monk confirmed this evidence in every particular.</p>
<persName id="t17720909-15-person166"> Joseph Rutherford
<interp inst="t17720909-15-person166" type="surname" value="Rutherford"/>
<interp inst="t17720909-15-person166" type="given" value="Joseph"/>
<interp inst="t17720909-15-person166" type="gender" value="male"/> </persName> . On Thursday morning about a quarter after five o'clock, Stalker came to me and said Kitchen had been robbed, and he suspected the man had hid the watch in the sewer; we both went together down into the sewer; I found this pistol there; ( producing it) it lay about three feet six or four feet from the hole, pressed down as far as the bricks would allow, and it was covered; groping about in the dirt I found the watch, about four or five inches from where the pistol was. I gave the watch and pistol to Stalker.</p>
<p>- Stalker. Mr. Monk gave me the watch and pistol, which I delivered to
<persName id="t17720909-15-person167"> Jones
<interp inst="t17720909-15-person167" type="given" value="Jones"/>
<interp inst="t17720909-15-person167" type="gender" value="male"/> </persName> the watch-house-keeper.</p>
<persName id="t17720909-15-person168"> Richard Jones
<interp inst="t17720909-15-person168" type="surname" value="Jones"/>
<interp inst="t17720909-15-person168" type="given" value="Richard"/>
<interp inst="t17720909-15-person168" type="gender" value="male"/> </persName> . I received this watch and pistol (producing them) from Stalker.</p>
<p>Kitchen. This is the watch I was robbed of.</p>
<p>Q. Do you know any thing of the pistol?</p>
<p>Kitchen. I did not take particular notice of the pistol.</p>
<p>- Day, a constable, deposed, that he apprehended Kem, in Spur-street, Leicester-fields; that he searched him, but found no arms upon him.</p>
<p>Kem's Defence.</p>
<p>I know nothing at all about it; I never was near that way; I never carried such a thing in my hand or about me in my life. I am a
<rs id="t17720909-15-deflabel68" type="occupation">coach-wheel-wright</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-15-defend153 t17720909-15-deflabel68"/> by trade; I was drinking at the White Hart in Windmill street about half after eight o'clock, with one of my fellow servants as was; his name is
<persName id="t17720909-15-person169"> George Meadows
<interp inst="t17720909-15-person169" type="surname" value="Meadows"/>
<interp inst="t17720909-15-person169" type="given" value="George"/>
<interp inst="t17720909-15-person169" type="gender" value="male"/> </persName> ; after that I went to Piccadilly to see a friend. I waited there for him half an hour, but he did not come.</p>
<p>Johnson's Defence.</p>
<p>The night I was taken out of the common sewer I was carried to Marybone watch-house; they took candles there, and took my hat off. The prosecutor was asked whether I was the man that robbed him; he replied no, I was not the man; the next morning he came by break of day, and said he knew I was the man by my cloaths, but he could not swear to my person; the next day he said before Justice Welch, he was sure I was the man that robbed him. They asked him if he would swear to the pistol, he said he knew nothing of it, nor of the watch, he only knew the black ribbon to it. I played at skittles all the afternoon, at the Adam and Eve; I got in liquor, and fell into this common sewer, and being overpowered with liquor I could not get out again. I am a
<rs id="t17720909-15-deflabel69" type="occupation">shoe-maker</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-15-defend156 t17720909-15-deflabel69"/>:
<xptr type="pageFacsimile" doc="177209090012"/> I work for my own customers; I have kept three shops of my own.</p>
<p>Kem called ten witnesses in the coach trade, who gain him a very good character, and Johnson called one witness, who gave him a good character.</p>
<rs id="t17720909-15-verdict70" type="verdictDescription">
<interp inst="t17720909-15-verdict70" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-15-punish71" type="punishmentDescription">
<interp inst="t17720909-15-punish71" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-15-defend153 t17720909-15-punish71"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-15-defend156 t17720909-15-punish71"/> Death </rs>.</p>
<p>JOHNSON, Guilty. Death.</p> </div1>
<div1 type="trialAccount" id="t17720909-16">
<interp inst="t17720909-16" type="collection" value="BAILEY"/>
<interp inst="t17720909-16" type="year" value="1772"/>
<interp inst="t17720909-16" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-16" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-16-off72-c136" targOrder="Y" targets="t17720909-16-defend171 t17720909-16-off72 t17720909-16-verdict74"/>
<join result="criminalCharge" id="t17720909-16-off72-c137" targOrder="Y" targets="t17720909-16-defend173 t17720909-16-off72 t17720909-16-verdict74"/>
<p>618, 619. (M.)
<persName id="t17720909-16-defend171" type="defendantName"> GEORGE MARTIN
<interp inst="t17720909-16-defend171" type="surname" value="MARTIN"/>
<interp inst="t17720909-16-defend171" type="given" value="GEORGE"/>
<interp inst="t17720909-16-defend171" type="gender" value="male"/> </persName> and
<persName id="t17720909-16-defend173" type="defendantName"> THOMAS ROSSITER
<interp inst="t17720909-16-defend173" type="surname" value="ROSSITER"/>
<interp inst="t17720909-16-defend173" type="given" value="THOMAS"/>
<interp inst="t17720909-16-defend173" type="gender" value="male"/> </persName> were indicted for
<rs id="t17720909-16-off72" type="offenceDescription">
<interp inst="t17720909-16-off72" type="offenceCategory" value="theft"/>
<interp inst="t17720909-16-off72" type="offenceSubcategory" value="grandLarceny"/> stealing two linen sheets, value 3 s. and a blanket, value 1 s. 6 d. </rs> the property of
<persName id="t17720909-16-victim175" type="victimName"> George Leyburn
<interp inst="t17720909-16-victim175" type="surname" value="Leyburn"/>
<interp inst="t17720909-16-victim175" type="given" value="George"/>
<interp inst="t17720909-16-victim175" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-16-off72 t17720909-16-victim175"/> </persName> ,
<rs id="t17720909-16-cd73" type="crimeDate">July 18th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-16-off72 t17720909-16-cd73"/>. +</p>
<rs id="t17720909-16-verdict74" type="verdictDescription">
<interp inst="t17720909-16-verdict74" type="verdictCategory" value="guilty"/>
<interp inst="t17720909-16-verdict74" type="verdictSubcategory" value="theftunder1s"/> Guilty. 10 d </rs>.
<rs id="t17720909-16-punish75" type="punishmentDescription">
<interp inst="t17720909-16-punish75" type="punishmentCategory" value="corporal"/>
<interp inst="t17720909-16-punish75" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-16-defend171 t17720909-16-punish75"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-16-defend173 t17720909-16-punish75"/> W </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-17">
<interp inst="t17720909-17" type="collection" value="BAILEY"/>
<interp inst="t17720909-17" type="year" value="1772"/>
<interp inst="t17720909-17" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-17" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-17-off76-c139" targOrder="Y" targets="t17720909-17-defend177 t17720909-17-off76 t17720909-17-verdict81"/>
<join result="criminalCharge" id="t17720909-17-off76-c140" targOrder="Y" targets="t17720909-17-defend178 t17720909-17-off76 t17720909-17-verdict81"/>
<p>620, 621. (M.)
<persName id="t17720909-17-defend177" type="defendantName"> JOHN JONES
<interp inst="t17720909-17-defend177" type="surname" value="JONES"/>
<interp inst="t17720909-17-defend177" type="given" value="JOHN"/>
<interp inst="t17720909-17-defend177" type="gender" value="male"/> </persName> and
<persName id="t17720909-17-defend178" type="defendantName"> JOHN SUNDERLAND , otherwise
<rs id="t17720909-17-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17720909-17-defend178 t17720909-17-alias-2"/>SANDILAND</rs>
<interp inst="t17720909-17-defend178" type="surname" value="SUNDERLAND"/>
<interp inst="t17720909-17-defend178" type="given" value="JOHN"/>
<interp inst="t17720909-17-defend178" type="gender" value="male"/> </persName> , were indicted for
<rs id="t17720909-17-off76" type="offenceDescription">
<interp inst="t17720909-17-off76" type="offenceCategory" value="theft"/>
<interp inst="t17720909-17-off76" type="offenceSubcategory" value="burglary"/> breaking and entering the dwelling house of
<persName id="t17720909-17-victim181" type="victimName"> Aaron Franks
<interp inst="t17720909-17-victim181" type="surname" value="Franks"/>
<interp inst="t17720909-17-victim181" type="given" value="Aaron"/>
<interp inst="t17720909-17-victim181" type="gender" value="male"/> </persName> ,
<rs id="t17720909-17-viclabel77" type="occupation">Esq</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-17-victim181 t17720909-17-viclabel77"/>; on the
<rs id="t17720909-17-cd78" type="crimeDate">2d of September</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-17-off76 t17720909-17-cd78"/>, about the hour of two in the night, and stealing one silver saucepan, value 10 s. one pair of silver knee buckles, value 4 s. and one pair of silver-garter buckles, value 2 s. the property of the said
<persName id="t17720909-17-person182"> Aaron Franks
<interp inst="t17720909-17-person182" type="surname" value="Franks"/>
<interp inst="t17720909-17-person182" type="given" value="Aaron"/>
<interp inst="t17720909-17-person182" type="gender" value="male"/> </persName> , Esq; one gold watch-chain, value 20 s. two seals set in gold, value 10 s. six linen stocks, value 3 s. eight pair of silk stockings, value 30 s. two silk pocket handkerchiefs, value 4 s. five other pocket handkerchiefs, value 5 s. five linen-shirts, value 40 s. one pair of pocket pistols, value 40 s. one flannel waistcoat, value 5 s. and one pair of laced ruffles, value 40 s. the property of
<persName id="t17720909-17-person183"> Jacob Franks
<interp inst="t17720909-17-person183" type="surname" value="Franks"/>
<interp inst="t17720909-17-person183" type="given" value="Jacob"/>
<interp inst="t17720909-17-person183" type="gender" value="male"/> </persName> , Esq; one cloth coat, value 20 s. one cloth waistcoat, value 5 s. two other linen shirts, value 4 s. one cornelian seal set in silver, value 2 s. one pair of silk stockings, value 1 s. and one pair of thread stockings, value 6 d. the property of
<persName id="t17720909-17-victim185" type="victimName"> Joseph Grover
<interp inst="t17720909-17-victim185" type="surname" value="Grover"/>
<interp inst="t17720909-17-victim185" type="given" value="Joseph"/>
<interp inst="t17720909-17-victim185" type="gender" value="male"/> </persName> ; four other shirts, value 16 s. two pair of worsted stockings, value 3 s. the property of
<persName id="t17720909-17-victim187" type="victimName"> Phineas Ghent
<interp inst="t17720909-17-victim187" type="surname" value="Ghent"/>
<interp inst="t17720909-17-victim187" type="given" value="Phineas"/>
<interp inst="t17720909-17-victim187" type="gender" value="male"/> </persName> , and one thickset frock, value 15 s. the property of
<persName id="t17720909-17-victim189" type="victimName"> Richard Varley
<interp inst="t17720909-17-victim189" type="surname" value="Varley"/>
<interp inst="t17720909-17-victim189" type="given" value="Richard"/>
<interp inst="t17720909-17-victim189" type="gender" value="male"/> </persName> , in the dwelling house of the said
<persName id="t17720909-17-person190"> Aaron Franks
<interp inst="t17720909-17-person190" type="surname" value="Franks"/>
<interp inst="t17720909-17-person190" type="given" value="Aaron"/>
<interp inst="t17720909-17-person190" type="gender" value="male"/> </persName> , Esq </rs>;</p>
<p>2 d Count charged it as a stealing in the dwelling house. +</p>
<persName id="t17720909-17-person191"> Aaron Franks
<interp inst="t17720909-17-person191" type="surname" value="Franks"/>
<interp inst="t17720909-17-person191" type="given" value="Aaron"/>
<interp inst="t17720909-17-person191" type="gender" value="male"/> </persName> . This day, sevennight in the morning, about eight o'clock, when I went down to my house at
<placeName id="t17720909-17-crimeloc79">Isleworth</placeName>
<interp inst="t17720909-17-crimeloc79" type="placeName" value="Isleworth"/>
<interp inst="t17720909-17-crimeloc79" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-17-off76 t17720909-17-crimeloc79"/>, my servants told me my house had been broke open. I saw the mark of a chissel upon the lock of the iron gate, that is before the house; the lock was forced, and then I saw the window shutters of the room, where the servants hang their clothes broke open. The blind was broke; I lost two pair of buckles, one pair of knee buckles and a pair of garter buckles.</p>
<p>Durant. These knee buckles and garter buckles (producing them) I found in the kitchen of Mr. Sunderland's house, in the hands of Jones.</p>
<p>Q. How came you not to take them out of his hand?</p>
<p>Durant. I had enough to do to take him, and as I secured him he threw them out of his hand.</p>
<p>Jones. This Durant was taken up for the murder of the two men that were killed on Bethnal Green, and he is a man that would make a property of any man.</p>
<persName id="t17720909-17-person192"> Aaron Franks
<interp inst="t17720909-17-person192" type="surname" value="Franks"/>
<interp inst="t17720909-17-person192" type="given" value="Aaron"/>
<interp inst="t17720909-17-person192" type="gender" value="male"/> </persName> . These are my property; I left them in my parlour.</p>
<persName id="t17720909-17-person193"> Jacob Franks
<interp inst="t17720909-17-person193" type="surname" value="Franks"/>
<interp inst="t17720909-17-person193" type="given" value="Jacob"/>
<interp inst="t17720909-17-person193" type="gender" value="male"/> </persName> . The night the house was robbed I had given orders to my servant to call me at half after five; I was surprised he did not call me till six, then he knocked at my door, and said, I wish you would get up; I got up; I met him on the stairs, he said, Sir, we have been robbed, and your desk and draws are broke open; I went down stairs, and I perceived that the way they came in, was at the window of a room the servants call their dressing room; the shutter appeared to have been bored with an angur; a piece was broke out about two feet long and three inches broad; the holes were about the size of my little singer, and a joint of the window shutter was taken out. My servants trunk or chest was forced open, and there was another chest in the same room forced open, and the contents were taken out. I then went up into my dressing room, and there I saw my bureau was broke open; there were about five guineas, and three or four pounds in silver, in a little leather bag in one of the drawers, which was taken away; I put the money into the drawer on Monday night; out of that same drawer was taken a gold watch chain and two seals; there was a little door in the bureau which was locked, that was forced open, but there was nothing there for them to take; there was taken from another a set of pinch beck gift coat and waistcoat buttons; they have not been found again.</p>
<p>Durant. This gold chain, buckles and seals, (producing them) were in the silver saucepan, which was in the hands of Jones.</p>
<p>Jones. He said before he picked it off the floor.</p>
<xptr type="pageFacsimile" doc="177209090013"/>Q. The stones I see are out of the seal.</p>
<persName id="t17720909-17-person194"> Jacob Franks
<interp inst="t17720909-17-person194" type="surname" value="Franks"/>
<interp inst="t17720909-17-person194" type="given" value="Jacob"/>
<interp inst="t17720909-17-person194" type="gender" value="male"/> </persName> . Yes; they were not so before; I can swear to the chain; I believe the others to be mine; one was fixed to the chain when I left it, and is so now; there were a pair of pistols taken; they left one of the green bags in which they were, and in one they left a key.</p>
<p>Q. Where are the pistols?</p>
<p>Durant. The gunsmith has them.</p>
<p>Jones. I beg your lordship will have the gunsmith here; the gunsmith said they were not sold by either of us.</p>
<p>Court. Send for the gun-smith.</p>
<persName id="t17720909-17-person195"> Samuel Thomas
<interp inst="t17720909-17-person195" type="surname" value="Thomas"/>
<interp inst="t17720909-17-person195" type="given" value="Samuel"/>
<interp inst="t17720909-17-person195" type="gender" value="male"/> </persName> . I had these from the prisoners (producing a quantity of shirts, &c.)</p>
<persName id="t17720909-17-person196"> Jacob Franks
<interp inst="t17720909-17-person196" type="surname" value="Franks"/>
<interp inst="t17720909-17-person196" type="given" value="Jacob"/>
<interp inst="t17720909-17-person196" type="gender" value="male"/> </persName> (looks at them) Four of these shirts are mine, they are marked.</p>
<persName id="t17720909-17-person197"> Samuel Thomas
<interp inst="t17720909-17-person197" type="surname" value="Thomas"/>
<interp inst="t17720909-17-person197" type="given" value="Samuel"/>
<interp inst="t17720909-17-person197" type="gender" value="male"/> </persName> . Jones came to my house last Thursday about noon, and asked me to buy some clothes; he said they were in the country, and he would bring them at night if I would sit up for him; he did not come till Friday-morning; then he took me to Sunderland's house to shew them to me. I know nothing of Jones.</p>
<p>Q. How came he to take them to you?</p>
<p>Thomas. I was taken up on suspicion of buying stolen goods; this man undoubtedly thought it was true and so came to me.</p>
<p>Jones. That is his original character.</p>
<p>Q. from Sunderland. Did not I come to you when Jones and you were disputing about the price?</p>
<p>Thomas. No; they were both together.</p>
<p>Q. from Sunderland. Did not I say if you don't agree they shall not be in my house?</p>
<p>Thomas. No, he never said any such word; I was to give him I think five guineas; they said they had more goods in the country; I said I would not pay for them till I had them all.</p>
<p>Durant. These laced ruffles (producing them) I found under the earth, in a shed adjoining to Sunderland's house; they were close by the wall as you go out of the yard door.</p>
<p>Thomas. I had these six stocks and two silk handkerchiefs (producing them) among the other things from Sunderland's house.</p>
<p>Mr. Franks. These six stocks are mine; I have my mark upon them; the two silk handkerchiefs are mine, but they are not mark.</p>
<p>Q. from Sunderland. Whether any person saw me near the house these five years.</p>
<p>Mr. Franks. None of us have as we know of.</p>
<persName id="t17720909-17-person198"> Joseph Grover
<interp inst="t17720909-17-person198" type="surname" value="Grover"/>
<interp inst="t17720909-17-person198" type="given" value="Joseph"/>
<interp inst="t17720909-17-person198" type="gender" value="male"/> </persName> . I am servant to Mr.
<persName id="t17720909-17-person199"> Jacob Franks
<interp inst="t17720909-17-person199" type="surname" value="Franks"/>
<interp inst="t17720909-17-person199" type="given" value="Jacob"/>
<interp inst="t17720909-17-person199" type="gender" value="male"/> </persName> ; I got up about half after five upon the 3d of September; I found myself locked in the room, and there was another servant with me; I was obliged to get out at the back window into the garden, and so to go round to the front door to call a servant to let me in. I was the first servant up in the house; I found the blind tore and the sash up in a small room under the stair case, that we put our clothes in. I suspected the house had been robbed; I called my master and he went with me; we found several locks broke and things lost.</p>
<p>Q. Do you know any thing of the things being lost; Mr. Franks has spoke of some shirts, handkerchiefs and ruffles?</p>
<p>Grover. I had most of those in my own care; I lost a coat and waistcoat of stone colour with gold wire buttons; the breeches were dropt; I lost several shirts and stockings, and a cornelian seal with my own cypher.</p>
<p>Thomas. I had this coat and waistcoat (producing them) from Sunderland's room, up two pair of stairs; they were open in the room; they lay upon the ground.</p>
<p>Grover. They are my property.</p>
<p>Durant. This seal (producing it) was in this glove, in which were several pawnbroker's duplicates; the fellow of this glove is in the pocket of this coat.</p>
<p>Q. from Sunderland. What were they for?</p>
<p>Durant. A pair of tea-tongs, four spoons and a pair of buckles.</p>
<p>Sunderland. They were my wife's things; I had pawned all I had, having been ill.</p>
<p>Grover. I lost several shirts.</p>
<p>Durant. I found seven more in Sunderland's house afterwards.</p>
<p>Thomas. I found all these things in the one pair of stairs room that I have here now; the stockings laid a-cross the horse, and these two shirts were rough (producing the goods.)</p>
<p>Grover. These two pair of stockings are mine, a pair of silk and a pair of old white thread.</p>
<p>(Thomas produces two shirts.)</p>
<p>Grover. They are mine, they were in my chest which was locked and was broke open.</p>
<persName id="t17720909-17-person200"> Phineas Ghent
<interp inst="t17720909-17-person200" type="surname" value="Ghent"/>
<interp inst="t17720909-17-person200" type="given" value="Phineas"/>
<interp inst="t17720909-17-person200" type="gender" value="male"/> </persName> . I am a servant to
<persName id="t17720909-17-person201"> Aaron Franks
<interp inst="t17720909-17-person201" type="surname" value="Franks"/>
<interp inst="t17720909-17-person201" type="given" value="Aaron"/>
<interp inst="t17720909-17-person201" type="gender" value="male"/> </persName> , Esq; I got up between five and six o'clock, upon Grover's alarming the house; I lay with him; our room door was not fastened over night; we found it locked in the morning. I lost several shirts, silk stockings, worsted stockings, muslin neckcloths and some thread stockings; I cannot rightly say how marty of each.</p>
<p>Durant. I found this: shirt in Sunderland's house (producing it.)</p>
<xptr type="pageFacsimile" doc="177209090014"/>Thomas. These two shirts (producing them) I had from Sunderland.</p>
<p>Durant. I found these stockings in Sunderland's chamber (producing two pair of worsted stockings.)</p>
<p>Ghent. These are all my property.</p>
<p>Q. What time did you go to bed?</p>
<p>Ghent. I believe about twelve o'clock; I thought about half an hour after I was a-bed, I heard some confused noise like a breaking or cracking; I listened about five minutes; I did not hear any more of it.</p>
<p>Q. How near was the place broken open to your bed chamber?</p>
<p>Ghent. About six yards on the same floor.</p>
<p>Q. Did you take any particular notice of what state the windows were in or the blinds or things?</p>
<p>Ghent. I found a part of the blinds were cut out; they got through that to the house.</p>
<p>Q. The window shutter is the outside of the canvas.</p>
<p>Ghent. Yes, it was forced open.</p>
<p>Q. Did you find any thing left in the place?</p>
<p>Ghent. Some matches were left; there was a piece of candle opposite my mistress's dressing room.</p>
<persName id="t17720909-17-person202"> Richard Varley
<interp inst="t17720909-17-person202" type="surname" value="Varley"/>
<interp inst="t17720909-17-person202" type="given" value="Richard"/>
<interp inst="t17720909-17-person202" type="gender" value="male"/> </persName> . I live with Mr.
<persName id="t17720909-17-person203"> Aaron Franks
<interp inst="t17720909-17-person203" type="surname" value="Franks"/>
<interp inst="t17720909-17-person203" type="given" value="Aaron"/>
<interp inst="t17720909-17-person203" type="gender" value="male"/> </persName> .</p>
<p>Q. Who makes fast the windows of a night of the room where the clothes hung up?</p>
<p>Varley. I made them fast that night before the house was broke open; it was fastened with two cross iron bars from top to bottom, and a little bar which goes in the middle of the shutter; there was a blind I made fast.</p>
<p>Q. Who looks after the windows in general?</p>
<p>Varley. One of the maids; I fastened that window that night; I fastened the street door which was found open in the morning; I fastened the iron gate too; there is a lock to it and the door, and a bolt and bar; I fastened the door fronting the iron gate.</p>
<p>Grover. That door was open in the morning and just pulled to; I suppose they let themselves out at that after they had got into the inside.</p>
<p>Ghent. The lock of the iron gate was forced open.</p>
<p>Varley. I lost a thickset frock, a waistcoat, a pair of breeches, five shirts, three stocks, a pair of stockings and three neckcloths. (The thickset frock produced by Thomas and deposed to by Varley.)</p>
<p>Q. to Grover. Was it light when you got up?</p>
<p>Grover. Yes, quite light.</p>
<p>Ghent. I am butler; I know this silver saucepan to be my master's property.</p>
<p>Court to Thomas. Now give a full account of what passed between you and Jones in Sunderland's presence; don't say a word of what Jones said of Sunderland when he was not there; nor of what Sunderland said when Jones was not present.</p>
<p>Thomas. Jones came to me at my house in Wells Street, on Friday morning last, and fetched me to Sunderland's; when I came there he said come up stairs; Jones said the shirts were as good as new. Sunderland came up directly upon that; he said take them out of the house for God sake, for he would not have them there; Jones said if I would not buy them he would fetch somebody else, and immediately tied them up in a handkerchief. My intention was not to buy the goods, but to apprehend them. I asked if that was all, and they both said they had some plate in the country.</p>
<p>Q. Did you know of Mr. Franks's robbery then?</p>
<p>Thomas. No; I did it in order to bring them to justice, and clear my own character. They said they would fetch the plate and be at home at night. Jones asked me if I had any money, and would lend him a little; I lent
<persName id="t17720909-17-person204"> Jones
<interp inst="t17720909-17-person204" type="given" value="Jones"/>
<interp inst="t17720909-17-person204" type="gender" value="male"/> </persName> a 27 s. piece; I asked him what time they would be in town at night; they said about ten or eleven; I went to Durant, and got him, Mr. Blain and Mr. Haines to wait at the house for their return.</p>
<p>Q. What are they?</p>
<p>Thomas. One is a salesman, the other a carpenter. We sat up that night waiting for them till between twelve and one o'clock; this was Thursday night; we waited on Friday night at my house; I expected they would come there or let me know they were come; as they did not come, we went to Sunderland's house, to see if he was come to town; Sunderland's wife looked out at the window, and said he was a-bed drunk, and desired we would make it the first thing in the morning, and we might have it. I told them we had better let it alone till morning. I got up a little after six and called Durant; we fixed the Bell in the Back Lane to meet at; we met there by seven; we went to Sunderland's house; he was not at home; we went to a public house just by, and they were to send Sunderland to us. After some time he came there, and said he had robbed Mr.
<xptr type="pageFacsimile" doc="177209090015"/> Frank's house two years ago; he said they had been a chisseling of him; that they had brought him bad cloth. He shewed us a news paper with an advertisement of this robbery of Mr. Franks. He said they had been robbing one another, meaning they had kept half the things to themselves, and not let him have his share. He shewed me and Durant the news paper, and said he had got two pair of pistols, and that they had chisselled him, and he shewed the muzzle of a pistol, and said, that he should have the contents his belly; he mentioned Jones's name, and that he had seven yards and a half of cloth. He shewed me the news paper, with an advertisement of Mr. Franks, and said the cloth they had sent him was not so good as that advertised; he did not show us the cloth; he said they gave him that. I recommended Mr. Durant to buy the gold and the silver saucepan; it was then at Sunderland's house; Sunderland wanted me and Durant to have it without Jones.</p>
<p>Q. Was any thing said where this gold and the silver saucepan came from?</p>
<p>Thomas. Not at that time; I was unwilling to do that because I wanted to have Jones there; he said he had a banker's draught in his pocket. Sunderland wanted to go home; he did, and said he would send for us when Jones came home. He sent in about ten minutes; we were afraid to go by ourselves; as he talked about the pistols, I thought it rather hazardous to go; there were four of us waiting; then we got
<persName id="t17720909-17-person205"> William Gussett
<interp inst="t17720909-17-person205" type="surname" value="Gussett"/>
<interp inst="t17720909-17-person205" type="given" value="William"/>
<interp inst="t17720909-17-person205" type="gender" value="male"/> </persName> and
<persName id="t17720909-17-person206"> James Man
<interp inst="t17720909-17-person206" type="surname" value="Man"/>
<interp inst="t17720909-17-person206" type="given" value="James"/>
<interp inst="t17720909-17-person206" type="gender" value="male"/> </persName> , then there were six of us; we went to Sunderland's; when we came there Jones had a saucepan in his hand and a gold chain; he asked if we had any weights and scales to weigh it. Then Gusset came in, and the other people followed him; only Jones was below at that time; Sunderland, run up stairs into the lost; there we brought him down. We secured them and then searched the house; we found the pistols and the rest of the things that have been produced; one pair of these pistols were loaded. Jones had the silver saucepan in his hand; he threw it down by him when I seized him; the gold chain, two pair of buckles and the seal were in the saucepan.</p>
<p>Jones. He said first, it was Friday morning I first came to him; then he said he sat up for us on Thursday night.</p>
<p>Thomas. No; I said he came first to me on Thursday about noon; that when he came first to me, he said he was going out of town. It was Saturday morning we took them; then the rest of the goods were found.</p>
<p>Jones. I hope you will enquire into the character of that man.</p>
<p>Court. He tells you he is a person suspected of receiving stolen goods himself; you may call any person to give him a bad character if you will.</p>
<p>Sunderland. Were they not to give me a shilling a piece for the use of the room?</p>
<p>Thomas. This is the first I ever heard of it.</p>
<p>Jones. Durant was taken up for the murder of the cutters; he bears a bad character.</p>
<p>Durant. What they say is fact; but the gentleman I worked for years, and neighbours, creditable people in the street, proved I was at my business at home at the time. I was head-borough. Thomas applied to me to see after these people.</p>
<persName id="t17720909-17-person207"> James Man
<interp inst="t17720909-17-person207" type="surname" value="Man"/>
<interp inst="t17720909-17-person207" type="given" value="James"/>
<interp inst="t17720909-17-person207" type="gender" value="male"/> </persName> . I am a peruke-maker. Durant applied to me at the desire of Thomas to assist him. I went with them; Jones was the first man we saw below stairs; we secured him and bound him; I saw them pick the things up, they had just been thrown down. I thought I heard a noise up stairs; I looked into the chamber; I saw nothing there; Gusset went up with me; we took a loaded pistol with us of Durant's. In the Garret we saw the cieling broke between the joists, and there was a great smother. I said somebody was got up stairs; I observed a little trap door in one corner of the room; said I, let's get up here; we got up and saw Sunderland endeavouring to hide himself by the side of the chimney; endeavouring to get there pretty fast, I suppose he had broke through the rafters; he was as high as he could go except getting over the tiling, what they call the cock loft. I told him to come down or it would be the worse for him; he said, what is the matter? what have I done now? he said he had done nothing as he knew of; I said, how came you to run into such an odd place as this? with threats we got him down into the lower part of the house; we pinioned him the same as Jones, and then tied them both together. In the closet, in the one pair of stairs room, I found three pistols, two unloaded and one loaded, and in the corner another pistol loaded, bound round with an old handkerchief (producing them.) We had a search warrant, and took them before the magistrate. I was present when the ruffles were dug up from under ground and the other things.</p>
<p>Q. Was any thing else in the box with the lace?</p>
<p>Man. Some bits of paper; I saw some of the linen in the chamber. I was with them all the
<xptr type="pageFacsimile" doc="177209090016"/> time, from first going to Sir John's I was with them.</p>
<p>Q. And the things taken before Sir John were what was taken out of the house?</p>
<p>Man. Yes.</p>
<p>Prisoner. They took what they pleased there.</p>
<p>Man. 'Squire Chiswick, of Spitalfields, was present at the searching and saw the things.</p>
<p>Q. from Sunderland. When they searched me, whether they found any thing upon me?</p>
<p>Man. Only some money.</p>
<p>Q. from Sunderland. Did not I give you liberty to search, when you said you could not without a search warrant?</p>
<p>Man. When he was brought down and was tied he said so.</p>
<p>Jones. Durant is not a proper officer.</p>
<p>Durant. I am head-borough for Shadwell.</p>
<p>Q. to Man. Is he headborough?</p>
<p>Man. Yes, he is.</p>
<persName id="t17720909-17-person208"> Phillip Gusset
<interp inst="t17720909-17-person208" type="surname" value="Gusset"/>
<interp inst="t17720909-17-person208" type="given" value="Phillip"/>
<interp inst="t17720909-17-person208" type="gender" value="male"/> </persName> . I went with Man, Durant and Thomas to Sunderland's house; Durant and Thomas were in before I went in; the first thing I saw when I went in, was Durant, Thomas and Jones talking together; as I went in another man, a salesman, came in on my back; he seized Jones by the arms, and said that is one of the men; he charged him, and seized him; he began struggling; I seized him and said don't struggle, if you are innocent no harm will happen.</p>
<p>Q. Did you see any thing taken up off the floor?</p>
<p>Gusset. No; I went up into a chamber, when I saw Jones partly secured; I saw no body in the chamber: I went up into a room above and saw some dust falling down, and two holes in the cieling, where I imagined somebody had stipped through; I went into the lost through the trap door; I saw Sunderland standing behind a stack of chimnies.</p>
<p>Q. Did Mr. Man go into the lost?</p>
<p>Gusset. No.</p>
<p>Man. I looked through the loft and saw him.</p>
<p>Gusset. I saw Durant searching about, and saw them find a-box with some lace, in a sort of a little wash-house; it was buried under some rubbish. We secured them, and then Mr. Durant went and got a search warrant.</p>
<p>Jones's Defence.</p>
<p>My Lord and Gentlemen of the Jury, I leave myself to your mercy. Upon Thursday last I was in town; I went towards Spitalfields; coming back I went to Aldersgate-street to call on a brother-in-law of mine, a bricklayer; I had a pint of beer, that was about one o'clock; coming towards this end of the town, near Golden-lane, I met two brothers-in-law of mine, my wife's brothers. I sent a letter to Sir
<persName id="t17720909-17-person209"> John Fielding
<interp inst="t17720909-17-person209" type="surname" value="Fielding"/>
<interp inst="t17720909-17-person209" type="given" value="John"/>
<interp inst="t17720909-17-person209" type="gender" value="male"/> </persName> , upon Tuesday, to inform him of the people, where they were, desiring him to apprehend them. They asked me where I was going; they told me they had some things out of the country, and they desired me to go to this Thomas; they said they had dealt with him before. I had the direction to his house out of their pockets, in Wells-street, Spitalfields; they left the bundles at Mr. Sunderland's house. I went to Thomas on Thursday afternoon, not Friday morning; I told him I would be there in the evening, if I was not somebody would; I did not go that evening; the next morning Thomas told me if I had ever so many things he would buy them, let them come from where they would, and be what they would; they told me they were obligated to go into the country again. They both work in the country, one at Mitchem, the other at Martin in Surry; they desired I would bring them the money on Saturday if I sold the goods. On Friday Thomas came, and he agreed for the things, and gave me a 27 s. piece in part. On Monday night they came to town again, and I gave them part of this money; they gave these things tied up in a handkerchief; I did not know what they were; I believe the seal and saucepan; I left them there; I saw nobody, and I went home. I live at this end of the town. On Saturday morning I came; when I came I was secured, and taken before Sir
<persName id="t17720909-17-person210"> John Fielding
<interp inst="t17720909-17-person210" type="surname" value="Fielding"/>
<interp inst="t17720909-17-person210" type="given" value="John"/>
<interp inst="t17720909-17-person210" type="gender" value="male"/> </persName> . I sent a letter to Sir John of these two people, with their name and place of abode.</p>
<p>Sunderland's Defence.</p>
<p>These men I never saw one of them before, but once in my life; it was
<persName id="t17720909-17-person211"> Thomas Wright
<interp inst="t17720909-17-person211" type="surname" value="Wright"/>
<interp inst="t17720909-17-person211" type="given" value="Thomas"/>
<interp inst="t17720909-17-person211" type="gender" value="male"/> </persName> and
<persName id="t17720909-17-person212"> John Wright
<interp inst="t17720909-17-person212" type="surname" value="Wright"/>
<interp inst="t17720909-17-person212" type="given" value="John"/>
<interp inst="t17720909-17-person212" type="gender" value="male"/> </persName> .</p>
<p>Jones. Their real name is not Wright, they go by that name.</p>
<p>Sunderland. They came and asked if I would let them leave these things till to-morrow; they said they would satisfy me; a person he said was by; he said,
<persName id="t17720909-17-person213"> William
<interp inst="t17720909-17-person213" type="given" value="William"/>
<interp inst="t17720909-17-person213" type="gender" value="male"/> </persName> I will satisfy you for your trouble, and said, go and fetch a pot of beer; I went. I said when I was going out, take them up stairs, there is an empty
<xptr type="pageFacsimile" doc="177209090017"/> room; instead of taking them up stairs into the room where Thomas took them from, he put them into my own room; when we had drank we had some more, and some gin; I asked him some questions about the country; they are two country people, one would think they hardly knew London; he said you will see my brother-in-law to-morrow morning; he asked me where the necessary was that was backwards; whether he left any thing in the yard I cannot be positive; then he went away, but as he was going I went up stairs, and said these things must not be left here, take them up into the other room, which he did; there he put them; he opened them, I believe; I did not go up that night, being late; I saw the things in the morning, and was very uneasy when I came home; the morning after I had been out; I was frightened; my wife said Mr. Jones and another man were up stairs; I went up, there was a dispute; he was to give four guineas, they had reckoned up the different articles, and there is the chalks of the different articles upon the door now; he was going to fetch somebody else; I said no they shall not be here; they agreed for four guineas; I said they should not be here; they took the bundles down; he gave the man the money; I saw him going out; when they came back I said, where are you going? he said he should be back again by and by. I said to my wife are the things all gone, she said yes; I said I was glad of it. As I had been lame a good while with a bad leg I said I would lie down on the bed and rest myself; I did. This man came and said if I would take a walk a little way he would meet me. They paid for, I believe, a pot of beer a-piece, and I went home. The next morning these other things were brought, but when I went to bed that night, I went into the closet, and there I saw them four pistols lay. I did not say a word to my wife; I was frightened; I knew she would not lie in the house if she knew it. I got up in the morning, and said Lord have mercy upon me, here is so and so in the house; she flew in a passion; I said they should not be there long; I went out of the house, and met these two people who were drinking at the Rose. I asked them if they had got the things, they said they were in our house; I was fearful; I went home again, and said I must go and lie down again; I went and laid down upon the bed; I had not been there long before I heard a prodigious noise below stairs; it struck in my head it was something more than ordinary, and I tryed to get out of the way. I had nothing with me, nor about me; they took me down; I desired them to search me; they said they could not search without a warrant; I said you may break every thing open. They took me away; when they came before the justice, Thomas was asked the first time, if ever he bought any thing of me; he said, No; and I have bought nothing of him now. He says I shewed him the advertisement - there was an advertisement of 50 l. reward - He said that he thought he could better make a property of it, and wants now to swear this for the sake of the reward; because I am certain, by all account, they are people of the worst of characters; as to the things, when they were dealing, this man said there were some old things, a shirt and an handkerchief, he bid me put them by me; and some old stockings, he said give them to your wife; there was an old ragged shirt, two sleeves, and an indifferent body to it.</p>
<p>Durant. What Sunderland says of going home to lie down is a truth. I asked them how they could get into a gentleman's house with servants, and when he had given an account by what means he got in, he said he would go home.</p>
<p>Q. to Durant. Had you any conversation with Sunderland or Jones about how they got into the house?</p>
<p>Durant. A great deal with Sunderland, at the sign of the Rose in Rose lane; the way we came to talk about it was; he was sent by his wife to the house as she promised; the wife produced the sausepan and seal and things, and wanted us to take them out of the house, and agree when her husband came home; he came to the house in a little while; he then got the news-paper, with respect to the quantity of things lost, he particularly mentioned some cloth; he read the article of the advertisement, particularly pointing to some cloth he said he only received seven yards, not worth above 14 d. of the good cloth; I said how could you get into the house, where there are so many servants; he said he was the first man that entered the room; I said there were only you and Jones; he said yes, there were three; that some of the servants he thought were stirring, and he locked either the porter, or somebody into the room.</p>
<p>Q. Had you made him any promise, or any thing in the world before he told you this?</p>
<p>Durant. No.</p>
<p>Q. Nor threatened him?</p>
<p>Durant. No; he looked upon me that I came to purchase the gold and silver.</p>
<xptr type="pageFacsimile" doc="177209090018"/>Q. to Thomas. Was you by at that time?</p>
<p>Thomas. The same he told to Mr. Durant he told to me, that he was the first man in, and the first man out, and had locked some of the servants in.</p>
<p>Jones. The agreement was four guineas, not five.</p>
<p>For Jones.</p>
<persName id="t17720909-17-person214"> Cornelius Goodness
<interp inst="t17720909-17-person214" type="surname" value="Goodness"/>
<interp inst="t17720909-17-person214" type="given" value="Cornelius"/>
<interp inst="t17720909-17-person214" type="gender" value="male"/> </persName> . I was coming home to dinner last Thursday was sevennight; Mr. Jones was coming up Aldersgate-street; I overtook him; from there we went into Golden Lane; there we met these two young men, with each of them a bundle under their arms; I knew them both; they went about their business; I went home to my dinner.</p>
<p>Q. Who were the young men?</p>
<p>Goodness. His wife's two brothers,
<persName id="t17720909-17-person215"> Thomas Brent
<interp inst="t17720909-17-person215" type="surname" value="Brent"/>
<interp inst="t17720909-17-person215" type="given" value="Thomas"/>
<interp inst="t17720909-17-person215" type="gender" value="male"/> </persName> and
<persName id="t17720909-17-person216"> John Brent
<interp inst="t17720909-17-person216" type="surname" value="Brent"/>
<interp inst="t17720909-17-person216" type="given" value="John"/>
<interp inst="t17720909-17-person216" type="gender" value="male"/> </persName> .</p>
<p>Q. Had you been acquainted with them any time?</p>
<p>Goodness. Yes; a long time.</p>
<p>Q. How long have you known Jones?</p>
<p>Goodness. Seven years.</p>
<p>Q. What are you?</p>
<p>Goodness. I am a bricklayer.</p>
<p>Q. Are you brother-in-law to Jones?</p>
<p>Goodness. Yes.</p>
<persName id="t17720909-17-person217"> John Turney
<interp inst="t17720909-17-person217" type="surname" value="Turney"/>
<interp inst="t17720909-17-person217" type="given" value="John"/>
<interp inst="t17720909-17-person217" type="gender" value="male"/> </persName> . I am a journeyman gun-maker; I have known Jones about a year and an half; he lives in the same house.</p>
<p>Q. What is Jones's business?</p>
<p>Turner. A
<rs id="t17720909-17-deflabel80" type="occupation">silk-dyer</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-17-defend177 t17720909-17-deflabel80"/>; he is an honest just man, and always took care of his wife and family.</p>
<p>Q. Did you go out to work all that day?</p>
<p>Turner. Yes.</p>
<persName id="t17720909-17-person218"> Abel Daw
<interp inst="t17720909-17-person218" type="surname" value="Daw"/>
<interp inst="t17720909-17-person218" type="given" value="Abel"/>
<interp inst="t17720909-17-person218" type="gender" value="male"/> </persName> . I am a journeyman shoemaker by trade; I have known Jones better then a twelve month; I live in the same house with him; he was always a very quiet man, and took good care of his family.</p>
<persName id="t17720909-17-person219"> John Jones
<interp inst="t17720909-17-person219" type="surname" value="Jones"/>
<interp inst="t17720909-17-person219" type="given" value="John"/>
<interp inst="t17720909-17-person219" type="gender" value="male"/> </persName> . I am a journey brasier; I have known Jones about a twelve-month; he is a dyer, I believe, by trade.</p>
<p>Richard Green. I have known Sunderland above half a year; he rents a house next door to me; he seems to be a quiet man; I never heard any thing amiss of him before.</p>
<persName id="t17720909-17-person220"> Elizabeth Dunn
<interp inst="t17720909-17-person220" type="surname" value="Dunn"/>
<interp inst="t17720909-17-person220" type="given" value="Elizabeth"/>
<interp inst="t17720909-17-person220" type="gender" value="female"/> </persName> . I keep a chandler's shop; be dealt with me; his wife and daughter used to come for trifling things; I never heard any bad character of him till now.</p>
<persName id="t17720909-17-person221"> James Brown
<interp inst="t17720909-17-person221" type="surname" value="Brown"/>
<interp inst="t17720909-17-person221" type="given" value="James"/>
<interp inst="t17720909-17-person221" type="gender" value="male"/> </persName> . I am a journeyman shoemaker; I have known Jones ever since last March; he is a sober honest man and endeavoured to take care of his family.</p>
<p>For the Prosecutor.</p>
<persName id="t17720909-17-person222"> Joseph Smith
<interp inst="t17720909-17-person222" type="surname" value="Smith"/>
<interp inst="t17720909-17-person222" type="given" value="Joseph"/>
<interp inst="t17720909-17-person222" type="gender" value="male"/> </persName> . I am a gun-smith; I live next door to the Fleet-prison; I bought a pair of pistols; I saw an advertisement the pistols seemed to answer; I carried them up to Sir
<persName id="t17720909-17-person223"> John Fielding
<interp inst="t17720909-17-person223" type="surname" value="Fielding"/>
<interp inst="t17720909-17-person223" type="given" value="John"/>
<interp inst="t17720909-17-person223" type="gender" value="male"/> </persName> 's; he ordered me to give them to the gentleman that was robbed; I gave them another pair of pistols in exchange for them.</p>
<p>Q. I suppose you will know the pistols you gave in exchange for them?</p>
<p>Smith. I could not swear to them.</p>
<p>Q. Cannot you tell what goods passes through your hands?</p>
<p>Smith. Not at all times.</p>
<p>Q. Look at those ( shewing him the pistols found at Sunderland's) are those the pistols you gave in exchange?</p>
<p>Smith. These are not the pistols I am certain.</p>
<rs id="t17720909-17-verdict81" type="verdictDescription">
<interp inst="t17720909-17-verdict81" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-17-punish82" type="punishmentDescription">
<interp inst="t17720909-17-punish82" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-17-defend177 t17720909-17-punish82"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-17-defend178 t17720909-17-punish82"/> Death </rs>.</p>
<p>Sunderland. Guilty. Death.</p>
<persName id="t17720909-17-person224"> Jones
<interp inst="t17720909-17-person224" type="given" value="Jones"/>
<interp inst="t17720909-17-person224" type="gender" value="male"/> </persName> an evidence against
<persName id="t17720909-17-person225"> William Brent
<interp inst="t17720909-17-person225" type="surname" value="Brent"/>
<interp inst="t17720909-17-person225" type="given" value="William"/>
<interp inst="t17720909-17-person225" type="gender" value="male"/> </persName> , alias Brett, (his brother-in-law) who was capitally convicted for stealing money and bank notes, to a very great amount, the property of Lady Mayo, No. 684, in Mr. Alderman Trecothick's Mayoralty: See him also an evidence against
<persName id="t17720909-17-person226"> John Sunderland
<interp inst="t17720909-17-person226" type="surname" value="Sunderland"/>
<interp inst="t17720909-17-person226" type="given" value="John"/>
<interp inst="t17720909-17-person226" type="gender" value="male"/> </persName> ,
<persName id="t17720909-17-person227"> John Murphy
<interp inst="t17720909-17-person227" type="surname" value="Murphy"/>
<interp inst="t17720909-17-person227" type="given" value="John"/>
<interp inst="t17720909-17-person227" type="gender" value="male"/> </persName> , and
<persName id="t17720909-17-person228"> William Thwaites
<interp inst="t17720909-17-person228" type="surname" value="Thwaites"/>
<interp inst="t17720909-17-person228" type="given" value="William"/>
<interp inst="t17720909-17-person228" type="gender" value="male"/> </persName> , upon three indictments, No. 638, &c. in Mr. Alderman Crosby's Mayoralty.</p>
<p>See Sunderland tried, No. 638, &c. in the last mayoralty, when Jones was an evidence against him.</p> </div1>
<div1 type="trialAccount" id="t17720909-18">
<interp inst="t17720909-18" type="collection" value="BAILEY"/>
<interp inst="t17720909-18" type="year" value="1772"/>
<interp inst="t17720909-18" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-18" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-18-off83-c186" targOrder="Y" targets="t17720909-18-defend230 t17720909-18-off83 t17720909-18-verdict85"/>
<join result="criminalCharge" id="t17720909-18-off83-c187" targOrder="Y" targets="t17720909-18-defend232 t17720909-18-off83 t17720909-18-verdict85"/>
<p>622. (2 d. M.)
<persName id="t17720909-18-defend230" type="defendantName"> ROBERT CROOK
<interp inst="t17720909-18-defend230" type="surname" value="CROOK"/>
<interp inst="t17720909-18-defend230" type="given" value="ROBERT"/>
<interp inst="t17720909-18-defend230" type="gender" value="male"/>
<interp inst="t17720909-18-defend230" type="age" value="Nineteen"/> </persName> and
<persName id="t17720909-18-defend232" type="defendantName"> CHARLES GIBSON
<interp inst="t17720909-18-defend232" type="surname" value="GIBSON"/>
<interp inst="t17720909-18-defend232" type="given" value="CHARLES"/>
<interp inst="t17720909-18-defend232" type="gender" value="male"/> </persName> were indicted,
<rs id="t17720909-18-off83" type="offenceDescription">
<interp inst="t17720909-18-off83" type="offenceCategory" value="sexual"/>
<interp inst="t17720909-18-off83" type="offenceSubcategory" value="sodomy"/> the first for feloniously making an assault on
<persName id="t17720909-18-person233"> Charles Gibson
<interp inst="t17720909-18-person233" type="surname" value="Gibson"/>
<interp inst="t17720909-18-person233" type="given" value="Charles"/>
<interp inst="t17720909-18-person233" type="gender" value="male"/> </persName> , and against the order of nature, carnally did know the said
<persName id="t17720909-18-person234"> Charles Gibson
<interp inst="t17720909-18-person234" type="surname" value="Gibson"/>
<interp inst="t17720909-18-person234" type="given" value="Charles"/>
<interp inst="t17720909-18-person234" type="gender" value="male"/> </persName> , and with the said
<persName id="t17720909-18-person235"> Charles Gibson
<interp inst="t17720909-18-person235" type="surname" value="Gibson"/>
<interp inst="t17720909-18-person235" type="given" value="Charles"/>
<interp inst="t17720909-18-person235" type="gender" value="male"/> </persName> did commit and perpetrate that detestable and abominable vice not to be named amongst Christians, called Buggery; and
<persName id="t17720909-18-person236"> Charles Gibson
<interp inst="t17720909-18-person236" type="surname" value="Gibson"/>
<interp inst="t17720909-18-person236" type="given" value="Charles"/>
<interp inst="t17720909-18-person236" type="gender" value="male"/> </persName> for that he at the time of committing the felony, aforesaid feloniously and wickedly was consenting to, and did permit him, the said
<persName id="t17720909-18-person237"> Robert Crook
<interp inst="t17720909-18-person237" type="surname" value="Crook"/>
<interp inst="t17720909-18-person237" type="given" value="Robert"/>
<interp inst="t17720909-18-person237" type="gender" value="male"/> </persName> the said felony and buggery to commit against the Statute, &c </rs>.
<rs id="t17720909-18-cd84" type="crimeDate">September 3</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-18-off83 t17720909-18-cd84"/>. *</p>
<xptr type="pageFacsimile" doc="177209090019"/>
<persName id="t17720909-18-person238"> John Brittles
<interp inst="t17720909-18-person238" type="surname" value="Brittles"/>
<interp inst="t17720909-18-person238" type="given" value="John"/>
<interp inst="t17720909-18-person238" type="gender" value="male"/> </persName> . I am a Dye-sinker, Engraver and Button-maker; the prisoner (
<persName id="t17720909-18-person239"> Robert Crook
<interp inst="t17720909-18-person239" type="surname" value="Crook"/>
<interp inst="t17720909-18-person239" type="given" value="Robert"/>
<interp inst="t17720909-18-person239" type="gender" value="male"/> </persName> ) is a shopmate of mine; we work for Mr. Bowyer. Crook and I lay together for fourteen months; when he came home at night on the 3d of September, he told me some man had been treating him with six pints of beer, in order to make him drunk.</p>
<p>Q. Did he say who the man was?</p>
<p>Brittles. No; and when he was drinking then he asked him to go out into the back yard; that he went out to make water, and the man followed him, put his hand in his breeches, and pulled out his y - d, and said it was a very good one, and he liked it very well; and so he pushed onward to the vault; that after he came there he worked his y - d till he made it f - d in his hand; that afterwards he pushed him down upon the seat, sit upon him, laid hold of his y - d, and pushed it into his b - e. I asked him if he perpetrated the fact; he said no he did not in the least.</p>
<p>Q. Did he say whether he entered his body or not?</p>
<p>Brittles. He said the man put it in, and jostled up and down; but he could do nothing at all because he had f - t before.</p>
<p>Q. Did he or not say whether he entered his body?</p>
<p>Brittles. I cannot be sure of that; I asked him if he knew what he was doing of; he said no he did not, for he was almost drunk; I told him that it was a bad affair, and if he was taken up he must be tried in a court of Justice; he said, the man (
<persName id="t17720909-18-person240"> Charles Gibson
<interp inst="t17720909-18-person240" type="surname" value="Gibson"/>
<interp inst="t17720909-18-person240" type="given" value="Charles"/>
<interp inst="t17720909-18-person240" type="gender" value="male"/> </persName> ) was to come down again as the next day; he came on Sunday night, and he saw him again and said he would have him taken up directly; he said before he would have him taken up as soon as ever he saw him; accordingly he went up to the watch-house, and acquainted the people of the watch-house of it; when they came they were both sitting in a box together drinking behind the bar, at the Red Lion, Moorfields; he said he went down into the yard another time, and the man followed him, but he gave him the slip; I asked him why he did not cry out, he said he was afraid.</p>
<p>Cross Examination.</p>
<p>Q. How old is Crook?</p>
<p>Brittles. Nineteen.</p>
<p>Q. From your account of the matter, Crook's confession to you purported, that he had been forced by Gibson?</p>
<p>Brittles. Yes.</p>
<p>Q. And that he was much in liquor at the time, and that it was against his inclination?</p>
<p>Brittles. Yes; he made him drink on purpose, I believe.</p>
<p>Q. I think, Crook, when he told you the story, proposed going before a Justice of the peace, did he, or did you propose it to him?</p>
<p>Brittles. After I told him it was a very bad affair, he took on and cried himself to sleep, and declared he would have him taken up. He went up to the watchman in order to have him taken up. Gibson was at that time at the Red Lion; they were both taken up together.</p>
<p>Q. Did Crook make any complaint before the Justice against Gibson?</p>
<p>Brittles. Yes; the same I have mentioned.</p>
<p>Q. He meant to prosecute Gibson?</p>
<p>Brittles. Yes; he told the story to Mr. Wilmot.</p>
<p>Q. Did he swear to it?</p>
<p>Brittles. I cannot tell; he said Gibson afterwards wanted to perpetrate the fact upon him, and he would not let him.</p>
<p>Council. The commitment is upon oath of
<persName id="t17720909-18-person241"> Robert Crook
<interp inst="t17720909-18-person241" type="surname" value="Crook"/>
<interp inst="t17720909-18-person241" type="given" value="Robert"/>
<interp inst="t17720909-18-person241" type="gender" value="male"/> </persName> for assaulting him and attempting to commit upon his body the detestable sin of sodomy; then the said
<persName id="t17720909-18-person242"> Robert Crook
<interp inst="t17720909-18-person242" type="surname" value="Crook"/>
<interp inst="t17720909-18-person242" type="given" value="Robert"/>
<interp inst="t17720909-18-person242" type="gender" value="male"/> </persName> is committed by the same Justice upon his own confession.</p>
<persName id="t17720909-18-person243"> John Lee
<interp inst="t17720909-18-person243" type="surname" value="Lee"/>
<interp inst="t17720909-18-person243" type="given" value="John"/>
<interp inst="t17720909-18-person243" type="gender" value="male"/> </persName> , a shop-mate of Crook's, deposed,</p>
<p>"that he lay in the same room as Brittle and</p>
<p>"Crook, and that he heard Crook give the</p>
<p>"same account to Brittles, as Brittles had deposed.</p>
<p>"On his cross-examination, he said Crook</p>
<p>"told Brittles that Gibson
<persName id="t17720909-18-person244"> drew
<interp inst="t17720909-18-person244" type="given" value="drew"/>
<interp inst="t17720909-18-person244" type="gender" value="male"/> </persName> a pen-knife on</p>
<p>"him, and that he submitted to him by compulsion."</p>
<persName id="t17720909-18-person245"> James Mills
<interp inst="t17720909-18-person245" type="surname" value="Mills"/>
<interp inst="t17720909-18-person245" type="given" value="James"/>
<interp inst="t17720909-18-person245" type="gender" value="male"/> </persName> . I am a watchman in Moorfields; on Sunday the 6th instant
<persName id="t17720909-18-person246"> Robert Crook
<interp inst="t17720909-18-person246" type="surname" value="Crook"/>
<interp inst="t17720909-18-person246" type="given" value="Robert"/>
<interp inst="t17720909-18-person246" type="gender" value="male"/> </persName> and
<persName id="t17720909-18-person247"> John Lee
<interp inst="t17720909-18-person247" type="surname" value="Lee"/>
<interp inst="t17720909-18-person247" type="given" value="John"/>
<interp inst="t17720909-18-person247" type="gender" value="male"/> </persName> came and called me out of the watch-house; the story Crook told was as follows; that Gibson came on Thursday night to the Red Lion; that he had drank his pint of beer, and was going out; that Gibson would have him drink with him; that he went out to make water, and Gibson followed him, and said he wanted to speak with him; and when they came down to the vault Gibson said, did not you know Dick that lived at this house? he had a fine t - J, almost as big as my wrist; you are
<xptr type="pageFacsimile" doc="177209090020"/> just such a lad as he was, let's see if your's is as big as his; that then he put his hand into his breeches, and got hold of his y - d; that then he worked his y - d till he s - t in his hand; that he kept chasing of him till he made the blood come from his y - d, and then he put Crook's y - d in his b - e twice or three times, I am not sure which; I told him to go to the Red-Lion, and I would follow him; when I went to the Red Lion, I saw Crook and Gibson in a box together drinking a pint of beer together; I went for Mr. Dennis; then Lee called Crook out; he had not been out long before Gibson followed him; Gibson came in again and sat down at the table; then we secured him.</p>
<p>On his cross-examination, he said,</p>
<p>"Crook came to him in order to have Gibson</p>
<p>"secured; that Crook said he was forced by</p>
<p>"Gibson; and that he believed Crook's drinking</p>
<p>"with Gibson at the Red Lion, was merely</p>
<p>"as a signal to point the man out to them."</p>
<persName id="t17720909-18-person248"> James Dennis
<interp inst="t17720909-18-person248" type="surname" value="Dennis"/>
<interp inst="t17720909-18-person248" type="given" value="James"/>
<interp inst="t17720909-18-person248" type="gender" value="male"/> </persName> . I am headborough; last Sunday was a week, at 10 o'Clock at night, I was sent for to the Red Lion; I saw Gibson and Crook drinking together; I saw Gibson take hold of Crook's hand, and put his head across his face, and I believe he kissed him; he put his face close to him; they sat in a darkish place; I could not see clearly; and he said come my dear, my love to you, and drank to him; Crook was called out of the door, I believe, by
<persName id="t17720909-18-person249"> Mills
<interp inst="t17720909-18-person249" type="given" value="Mills"/>
<interp inst="t17720909-18-person249" type="gender" value="indeterminate"/> </persName> the watchman; I followed him; Crook said, Mr. Dennis, I have something particular to say to you; I will tell you the whole affair, that man that was drinking with me is a buggerer; he forced me to bugger him twice last Thursday night; he came here, sat down, and asked me to drink with him, and he began to talk to me about men's things, that such an one had a large thing, and another had a large thing; at last he said what sort of a thing do you think that woman would require (speaking of a person in the house); at that time, says he, I went into the yard to make water, he came into the yard while I was making water, took hold of my y - d, and begun to work it with his hand; he then asked me to go down to the vault with him, which I did; he pushed me back upon the vault, and worked me in the same manner on the seat of the vault till I did it in his hand; after that he kissed me very heartily; then Gibson unbuttoned his own breeches, put my hand to his p - e parts, and kept tickling me about ten minutes; then he said now it will do; he then turned round, and put his naked breech into my lap, and put his hand behind him, and put my y - d in his body. I asked him what he thought of himself, he said Gibson forced him to do it; I said don't tell me of forcing of you, do you think any body could have forced me to do so? I would have knocked his brains out; why did you not cry out for assistance?</p>
<p>Q. Did he give any reason why he did not call out for assistance?</p>
<p>Dennis. No; I took them both into custody, when he came to the watch-house, he told me further, that he went out a second time, about an hour after the first time; after they had drank two or three pints of beer, Gibson asked him to go out to the vault again, and that then he put it into him again, but said he could do nothing; that he tickled him, and acted all that beastly stuff over again. I asked him particularly, Did you enter his body? he said he did.</p>
<p>On his cross-examination, he said,</p>
<p>"that Crook</p>
<p>"had, previous to telling him this, communicated</p>
<p>"his intention of having Gibson taken up,</p>
<p>"and that he gave him charge of Gibson."</p>
<persName id="t17720909-18-person250"> William Toovey
<interp inst="t17720909-18-person250" type="surname" value="Toovey"/>
<interp inst="t17720909-18-person250" type="given" value="William"/>
<interp inst="t17720909-18-person250" type="gender" value="male"/> </persName> . I was officer for the night; Mr. Dennis, the beadle, sent for me to the watch-house about half an hour after ten, to take charge of the prisoners; I found the watch-house full of people; there were two shirts brought there; Crook was giving an account of what had passed between him and Gibson; he said Gibson forced him to do what has been related before; he said when he was upon the vault, Gibson placed himself upon him, and worked himself up and down till he hurt him very much in his body; that he made a second attempt; that Gibson tried it then, and it would not do; then he kissed it, and rubbed it; (this declaration was made before a great number of people); I went out of the watch-house then; when I came in again I said that he should take Crook to another watch-house in our liberty, and I took care of Gibson. When we took them before Justice Wilmot, Crook told there how Gibson had used him; Mr. Wilmot said he looked upon them both alike guilty, and committed them both: there was a shirt produced there that was bloody; I am informed it has been washed since; he acknowledged both in the watch-house, and before the Justice, that he entered Gibson's body.</p>
<persName id="t17720909-18-person251"> John Gray
<interp inst="t17720909-18-person251" type="surname" value="Gray"/>
<interp inst="t17720909-18-person251" type="given" value="John"/>
<interp inst="t17720909-18-person251" type="gender" value="male"/> </persName> . Crook was brought to our watch-house, in Swan-yard, on Monday morning,
<xptr type="pageFacsimile" doc="177209090021"/> by Dennis; Crook said that on the 3d of September he left off work in the evening, about seven o'clock; went to the Red Lion in Moorfields, to drink a pint of beer; that just as he had drunk the beer, Gibson came in and sat down by him; that Gibson asked him to drink with him; that when he called for another pint, he asked him if he knew Dick that had lived there; said he, he had a fine - fit to do Mrs. - ; he said after that, he went out at the door to make water, and Gibson followed him, and said, what sort of a c - k have you got? Dick was just such another slim young man as you; let me teel it; which he did; he said it was not so big as his; that then he took him down to the vault, forced him down on the seat, onbuttoned his breeches, then worked him till he made it come, and then sucked it; that he worked it again sometime; that then he pressed him very close, called him his dear, hugged him and squeezed him and sat down, put his hand behind him, and put it into his b - e, and worked up and down till he hurt him vastly, and he believed made him bleed. I asked him if he was in his body; he said he was; that then they went into the house, and sat down, and drank two or three pints of beer; that the y staid in the house about an hour; that then he (Crook) said he wanted to go to the necessary, and he went down, and Gibson came to him when he had been there about a minute, and used him twice as he had done before; that then he said now let me enter you, and unbuttoned his breeches; but he said he catched hold of the door, and gave a spring up, said he should not, and ran from him.</p>
<p>Cross Examination.</p>
<p>Q. Who carries on this prosecution?</p>
<p>Toovey. Our parish.</p>
<p>Crook's Defence.</p>
<p>I have nothing to say but what they have said.</p>
<p>Gibson's Defence.</p>
<p>This man forced his discourse to me by producing four or five rings, and a breast buckle, and wanted me to buy them. I was in liquor; I lost a silk handkerchief and a penknife out of my pocket; I did not suspect that he had it, till he acknowledged before the justice that he had borrowed it to pick a marrow bone with. If I was guilty of it, how came he not to secure me in the public house, when so many people were there. I staid till the house was shut up; I went out and wished him a good night; I went again last Sunday was a week to know if he had got these rings finished, for they were in the rough when he had shewed them me before; he told me then that they were metal only, to be cast, and he was a button maker; I said there was no harm, and shook hands with him; he went out with that young man to make this declaration to the constable. If I had been guilty of any such act I should have suspected them, and have gone about my business; instead of that I called for a fresh pint, and waited for his coming. I went to the door and saw these men talking together; I knowing no harm, came in and sat down by the bar; up came one of the men, and said you are my prisoner; I asked him for what; and told him he mistook. I went to the watch-house, and then heard this man say what he did, but not so black as before the justice; he sent home for his shirt; it was all soul in the skirt; he said that was not it; he sent home for another; when that came it was in the same condition; somebody asked him whether he had been buggering somebody in the other shirt at the bean feast, which he said he had been to; he said, no, the necessary was soul, and he had fouled himself in that manner.</p>
<p>Crook called
<persName id="t17720909-18-person252"> John Brittles
<interp inst="t17720909-18-person252" type="surname" value="Brittles"/>
<interp inst="t17720909-18-person252" type="given" value="John"/>
<interp inst="t17720909-18-person252" type="gender" value="male"/> </persName> , who had been his bedfellow for fourteen months, who deposed that he never had reason to suspect him addicted to any thing of the sort. His master Mr. Bowyer, for whom he had worked fourteen months;
<persName id="t17720909-18-person253"> Richard Coope
<interp inst="t17720909-18-person253" type="surname" value="Coope"/>
<interp inst="t17720909-18-person253" type="given" value="Richard"/>
<interp inst="t17720909-18-person253" type="gender" value="male"/> </persName> , who had known him thirteen or fourteen years;
<persName id="t17720909-18-person254"> Thomas Lowe
<interp inst="t17720909-18-person254" type="surname" value="Lowe"/>
<interp inst="t17720909-18-person254" type="given" value="Thomas"/>
<interp inst="t17720909-18-person254" type="gender" value="male"/> </persName> about fourteen months;
<persName id="t17720909-18-person255"> Thomas Povey
<interp inst="t17720909-18-person255" type="surname" value="Povey"/>
<interp inst="t17720909-18-person255" type="given" value="Thomas"/>
<interp inst="t17720909-18-person255" type="gender" value="male"/> </persName> about twelve months;
<persName id="t17720909-18-person256"> John Cardwell
<interp inst="t17720909-18-person256" type="surname" value="Cardwell"/>
<interp inst="t17720909-18-person256" type="given" value="John"/>
<interp inst="t17720909-18-person256" type="gender" value="male"/> </persName> about twelve months, and
<persName id="t17720909-18-person257"> Peter Osborn
<interp inst="t17720909-18-person257" type="surname" value="Osborn"/>
<interp inst="t17720909-18-person257" type="given" value="Peter"/>
<interp inst="t17720909-18-person257" type="gender" value="male"/> </persName> three months, who all gave him the character of a very sober, honest youth.</p>
<p>Gibson did not call any witnesses. </p>
<rs id="t17720909-18-verdict85" type="verdictDescription">
<interp inst="t17720909-18-verdict85" type="verdictCategory" value="notGuilty"/> acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-19">
<interp inst="t17720909-19" type="collection" value="BAILEY"/>
<interp inst="t17720909-19" type="year" value="1772"/>
<interp inst="t17720909-19" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-19" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-19-off87-c213" targOrder="Y" targets="t17720909-19-defend259 t17720909-19-off87 t17720909-19-verdict92"/>
<join result="criminalCharge" id="t17720909-19-off89-c214" targOrder="Y" targets="t17720909-19-defend260 t17720909-19-off89 t17720909-19-verdict94"/>
<join result="criminalCharge" id="t17720909-19-off89-c215" targOrder="Y" targets="t17720909-19-person261 t17720909-19-off89 t17720909-19-verdict94"/>
<p>623, 624. (M.)
<persName id="t17720909-19-defend259" type="defendantName"> JOHN CHAPMAN
<interp inst="t17720909-19-defend259" type="surname" value="CHAPMAN"/>
<interp inst="t17720909-19-defend259" type="given" value="JOHN"/>
<interp inst="t17720909-19-defend259" type="gender" value="male"/> </persName> and
<persName id="t17720909-19-defend260" type="defendantName"> ANN the
<rs id="t17720909-19-deflabel86" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-19-defend260 t17720909-19-deflabel86"/>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-19-person261 t17720909-19-deflabel86"/> of
<persName id="t17720909-19-person261" type="defendantName"> JAMES NIMMY
<interp inst="t17720909-19-person261" type="surname" value="NIMMY"/>
<interp inst="t17720909-19-person261" type="given" value="JAMES"/>
<interp inst="t17720909-19-person261" type="gender" value="male"/> </persName>
<interp inst="t17720909-19-defend260" type="surname" value="the"/>
<interp inst="t17720909-19-defend260" type="given" value="ANN"/>
<interp inst="t17720909-19-defend260" type="gender" value="female"/> </persName> , were indicted, the first for
<rs id="t17720909-19-off87" type="offenceDescription">
<interp inst="t17720909-19-off87" type="offenceCategory" value="theft"/>
<interp inst="t17720909-19-off87" type="offenceSubcategory" value="burglary"/> breaking and entering the dwelling house of
<persName id="t17720909-19-victim263" type="victimName"> Richard Spratly
<interp inst="t17720909-19-victim263" type="surname" value="Spratly"/>
<interp inst="t17720909-19-victim263" type="given" value="Richard"/>
<interp inst="t17720909-19-victim263" type="gender" value="male"/> </persName> , on the
<rs id="t17720909-19-cd88" type="crimeDate">12th of July</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-19-off87 t17720909-19-cd88"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-19-off89 t17720909-19-cd88"/>, between the hours of twelve and two in the night, and stealing six silver tea spoons,
<xptr type="pageFacsimile" doc="177209090022"/> value 6 s. a silver table spoon, value 4 s. a silver pepper castor, value 2 s. two damask linen table cloths, value 6 s. four linen aprons, value 4 s. one striped lawn apron, value 1 s. a cloth coat, value 2 s. a black crape gown, value 2 s. a pair of men's shoes, value 8 s. one pair of base metal shoe buckles, value 3 d. and six yards of check cotton, value 6 s. the property of
<persName id="t17720909-19-person264"> Richard Spratley
<interp inst="t17720909-19-person264" type="surname" value="Spratley"/>
<interp inst="t17720909-19-person264" type="given" value="Richard"/>
<interp inst="t17720909-19-person264" type="gender" value="male"/> </persName> , in his dwelling house </rs>, and
<persName id="t17720909-19-person265"> Ann
<interp inst="t17720909-19-person265" type="given" value="Ann"/>
<interp inst="t17720909-19-person265" type="gender" value="female"/> </persName> the wife of
<persName id="t17720909-19-person266"> James Nimmy
<interp inst="t17720909-19-person266" type="surname" value="Nimmy"/>
<interp inst="t17720909-19-person266" type="given" value="James"/>
<interp inst="t17720909-19-person266" type="gender" value="male"/> </persName> for
<rs id="t17720909-19-off89" type="offenceDescription">
<interp inst="t17720909-19-off89" type="offenceCategory" value="theft"/>
<interp inst="t17720909-19-off89" type="offenceSubcategory" value="receiving"/> receiving the above goods, well knowing them to have been stolen </rs>. +</p>
<p>(The witnesses were examined apart at the request of the prisoners.)</p>
<persName id="t17720909-19-person267"> Richard Spratley
<interp inst="t17720909-19-person267" type="surname" value="Spratley"/>
<interp inst="t17720909-19-person267" type="given" value="Richard"/>
<interp inst="t17720909-19-person267" type="gender" value="male"/> </persName> . I live in
<placeName id="t17720909-19-crimeloc90">White-horse-street, in the parish of Stepney</placeName>
<interp inst="t17720909-19-crimeloc90" type="placeName" value="White-horse-street, in the parish of Stepney"/>
<interp inst="t17720909-19-crimeloc90" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-19-off87 t17720909-19-crimeloc90"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-19-off89 t17720909-19-crimeloc90"/>; I am a
<rs id="t17720909-19-viclabel91" type="occupation">deputy coal-meter</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-19-victim263 t17720909-19-viclabel91"/>; my house was broke open on Sunday night the 12th of July; we went to bed between ten and eleven o'clock; my wife and I were the last up; the doors and windows were all fast; my wife and I both looked at them. When the lodger got up in the morning, about five, he alarmed us directly; when I came down, he had taken up a candle from the ground in the passage, and there were two candles upon the dresser; I saw the grease of the candles on the floor, and I saw two on the dresser.</p>
<p>Q. Were they there over night?</p>
<p>Spratley. No; one of them had scorched the dresser cloth almost through; the next thing when I went into the parlour, through a long passage, I saw the bureau drawers in the parlour pulled all about.</p>
<p>Q. Were the drawers fastened?</p>
<p>Spratley. No, I believe not. The next thing I saw was the sash of the parlour window shoved up, and the shutter pulled close to, not fastened. They drank a bottle of wine that was standing on the cupboard in the parlour, half a bottle of brandy and a little rum; they opened a jar of pickles, to see what was in it I suppose; they took out a black waistcoat and a pair of breeches out of the drawers the bottom of the bureau. There were taken out of the kitchen, a pair of silver spoons, the table spoons, a silver pepper box, two damask linen tablecloths, and a great many things, the linen apron and black gown; there was a pair of shoe buckles, they were not mine, in a bureau, and some checked cloth, enough I believe for three shirts, and a great coat. Here is a piece of the bottom of the window, that the shutter comes to, to keep the bolt that they wrenched out; (producing it) there was another bolt about the middle of the shutter upon one side, that they shoved back with some instrument; I am certain it was fast over night.</p>
<persName id="t17720909-19-person268"> Archibald
<interp inst="t17720909-19-person268" type="given" value="Archibald"/>
<interp inst="t17720909-19-person268" type="gender" value="male"/> </persName> M'Nabb produced a great coat the prisoner Chapman had on when he took him.</p>
<p>Prosecutor. This belonged to a lodger of mine; I found this large chissel in the pocket of the great coat (producing a chissel.)</p>
<persName id="t17720909-19-person269"> Elizabeth Jones
<interp inst="t17720909-19-person269" type="surname" value="Jones"/>
<interp inst="t17720909-19-person269" type="given" value="Elizabeth"/>
<interp inst="t17720909-19-person269" type="gender" value="female"/> </persName> . I had this black grape gown (producing it) of Ann Nimmy</p>
<p>Q. Did you know her before?</p>
<p>Jones. Yes.</p>
<p>Prosecutor. I am not quite certain to the gown; my wife is very big, near her time, and could not come out; she expects to be brought to bed every minute.</p>
<persName id="t17720909-19-person270"> Margaret Wilson
<interp inst="t17720909-19-person270" type="surname" value="Wilson"/>
<interp inst="t17720909-19-person270" type="given" value="Margaret"/>
<interp inst="t17720909-19-person270" type="gender" value="female"/> </persName> told me whose it was.</p>
<p>Q. to
<persName id="t17720909-19-person271"> Margaret Wilson
<interp inst="t17720909-19-person271" type="surname" value="Wilson"/>
<interp inst="t17720909-19-person271" type="given" value="Margaret"/>
<interp inst="t17720909-19-person271" type="gender" value="female"/> </persName> . Do you know
<persName id="t17720909-19-person272"> Ann Nimmy
<interp inst="t17720909-19-person272" type="surname" value="Nimmy"/>
<interp inst="t17720909-19-person272" type="given" value="Ann"/>
<interp inst="t17720909-19-person272" type="gender" value="female"/> </persName> ?</p>
<p>Wilson. Yes, I have known her a great while; she takes in washing, and works hard; I know nothing about the gown; I never heard her say any thing about i, all I know is about the buckles, which
<persName id="t17720909-19-person273"> Edward Wright
<interp inst="t17720909-19-person273" type="surname" value="Wright"/>
<interp inst="t17720909-19-person273" type="given" value="Edward"/>
<interp inst="t17720909-19-person273" type="gender" value="male"/> </persName> has got.</p>
<persName id="t17720909-19-person274"> Edward Wright
<interp inst="t17720909-19-person274" type="surname" value="Wright"/>
<interp inst="t17720909-19-person274" type="given" value="Edward"/>
<interp inst="t17720909-19-person274" type="gender" value="male"/> </persName> . I gave the prisoner a shilling and my buckles to boot for these; they are bath metal.</p>
<p>Wilson. I had these buckles of
<persName id="t17720909-19-person275"> William Evans
<interp inst="t17720909-19-person275" type="surname" value="Evans"/>
<interp inst="t17720909-19-person275" type="given" value="William"/>
<interp inst="t17720909-19-person275" type="gender" value="male"/> </persName> ; he had the buckles upon his finger; he asked me to change buckles with him; I did, and
<persName id="t17720909-19-person276"> Edward Wright
<interp inst="t17720909-19-person276" type="surname" value="Wright"/>
<interp inst="t17720909-19-person276" type="given" value="Edward"/>
<interp inst="t17720909-19-person276" type="gender" value="male"/> </persName> changed buckles with me.</p>
<persName id="t17720909-19-person277"> William Evans
<interp inst="t17720909-19-person277" type="surname" value="Evans"/>
<interp inst="t17720909-19-person277" type="given" value="William"/>
<interp inst="t17720909-19-person277" type="gender" value="male"/> </persName> .
<persName id="t17720909-19-person278"> John Chapman
<interp inst="t17720909-19-person278" type="surname" value="Chapman"/>
<interp inst="t17720909-19-person278" type="given" value="John"/>
<interp inst="t17720909-19-person278" type="gender" value="male"/> </persName> and I got these buckles out of Spratley's house; I cannot rightly tell the day of the month; it was on a Sunday night; we went out with an intention to break open some house.</p>
<p>Q. What age are you?</p>
<p>Evans. Seventeen the first of June last. The house was in White-horse-street; the watchman was going past one o'clock;
<persName id="t17720909-19-person279"> John Chapman
<interp inst="t17720909-19-person279" type="surname" value="Chapman"/>
<interp inst="t17720909-19-person279" type="given" value="John"/>
<interp inst="t17720909-19-person279" type="gender" value="male"/> </persName> had a chissel in his pocket, a long chissel, a rusly one; he bid me look out that no-body came by; I stood within a yard or two of him; he put his shoulder to the bolt, and pulled very hard, and broke it open; after we had broke it open, the watchman came by to call the hour, past one; we put the shutters to and went a little further down a turning, till he went to his box again. When the watchman went to his box we got in;
<persName id="t17720909-19-person280"> John Chapman
<interp inst="t17720909-19-person280" type="surname" value="Chapman"/>
<interp inst="t17720909-19-person280" type="given" value="John"/>
<interp inst="t17720909-19-person280" type="gender" value="male"/> </persName> struck a light; we both went in, and shoved the window up;
<xptr type="pageFacsimile" doc="177209090023"/> we pulled the window shutter to again, and he had a key that he pulled out of his pocket, or was in the bureau; he pulled the door open; he had a candle in his pocket, wrapped up in a bit of paper, and a tinder box and matches, and pulled the drawers open, one at a time, and took out what was in them; there was a blackish gown, and some cotton to make shirts of, some striped cotton, and a great large table cloth flowered; there were a great many more things I cannot justly mention.</p>
<p>Q. Where was the bureau?</p>
<p>Evans. Standing on the left hand side when we went in at the window.</p>
<p>Q. to Spratley. Is that right?</p>
<p>Spratley. Yes.</p>
<p>Evans. Then we went on three or four steps the same side of the room, where there was a good deal of china; we saw the pepper castor with some pepper in it, and a silver spoon; one spoon bigger than a tea spoon; there were two bottles with liquor, one wine I believe; Chapman drank, and then said to me drink; I did; we laid the things upon the ground. I went backwards and searched where the coppers were, there I found half a dozen of tea spoons, in a cupboard where was victuals; the handles of the spoons did not turn up, they went downwards.</p>
<p>Spratley. They were so, they were in such a cupboard.</p>
<p>Q. Can you read and write?</p>
<p>Evans. Yes. We looked down upon the ground, there was a great deal of copper saucepans and some shoes; I took some of the buckles of; I took one buckle out there in a place on the right hand side in the cellar; I saw some e shoes, and took another buckle out of an other shoe; the buckles have a stamp in the side much like silver, I thought they were her.</p>
<p>Q. What is the prisoner?</p>
<p>Evans. I am not very much acquainted with it; he tells me he is a sea-faring man.</p>
<p>Q. Did you take any thing else?</p>
<p>Evans. Not that I know of.</p>
<p>Q. How many candles did you take there?</p>
<p>Evans. We had but a little piece in our ket; John Chapman took a bunch of candles a little place in a cupboard, and lighted</p>
<p>Prosecutor. There was two pound in such a</p>
<p>Evans. We tied them up in bundles, and brought them over the fields; he carried me down Old Gravel-lane, to (I believe the place is) Broad-street where Mrs. Nimmy lives; he carried them up stairs, and I lay with him all night. Chapman lodged in her house then.</p>
<p>Q. Does she live with her husband?</p>
<p>Evans. Yes.</p>
<p>Q. What is he?</p>
<p>Evans. A watchman I believe; he watches in the night, and works in the day.</p>
<p>Q. Did you see him there next day?</p>
<p>Evans. No. Chapman carried the things away in the morning; I got the cotton to make some shirts of; I brought it to Mrs. Nimmy; I knew her very well; she asked me whose they were; I said my brother bought them for me; I said I was going apprentice, and my mother would pay her, when they were made; I cannot tell where any of the other things were carried; Chapman gave me 12 s. for my share; he sold the things.</p>
<p>Q. To whom?</p>
<p>Evans. I don't know.</p>
<p>Q. Did you never see any of these goods at Mrs. Nimmy's?</p>
<p>Evans. No.</p>
<p>Q. When you carried the shirts, were none of the goods there then?</p>
<p>Evans. No, I did not see any; the gown was the same colour and same sort as this. I kept the buckles I believe a week; I came down with a pair of buckles on my finger; I said I bought them for silver, and they were not; I changed with her; these are the buckles that were taken out of the house.</p>
<persName id="t17720909-19-person281"> William Thomas
<interp inst="t17720909-19-person281" type="surname" value="Thomas"/>
<interp inst="t17720909-19-person281" type="given" value="William"/>
<interp inst="t17720909-19-person281" type="gender" value="male"/> </persName> . I lodged at Mr. Spratley's; I bought the buckles at Bath, and the tongues which were first broke in them; I broke one, and had another put in; it is rougher, not so highly finished as the other; ( looks at the buckles) I am sure these are my buckles. If this coat is mine, there is a small piece of cloth in the cape cut oval fashion, which I sewed on myself. (The jury inspect it) This coat is my property.</p>
<p>Evans. The chissel was much like this, I cannot swear to it.</p>
<persName id="t17720909-19-person282"> Moses Hyams
<interp inst="t17720909-19-person282" type="surname" value="Hyams"/>
<interp inst="t17720909-19-person282" type="given" value="Moses"/>
<interp inst="t17720909-19-person282" type="gender" value="male"/> </persName> . On the 23d of July, I and Wright took Evans and another lad; we brought him to Justice Sherwood's; he was sworn in as an evidence; he said the old woman bought the things; a little woman there told Wright and I where she was; we went and took her; she
<xptr type="pageFacsimile" doc="177209090024"/> said he had left a bundle that had this check in it.</p>
<p>Evans. I believe this is the check.</p>
<p>Thomas. This is my cloth, I have a shirt the same on it; it was cut in different piece for making shirts. (The bundle opened; the check appeared to be ready for making.)</p>
<p>Hyams. I took these out of Chapman's pocket (producing two pistols.)</p>
<p>Nimmy. When Justice Sherwood's people took me, they took some silver spoons that I bought.</p>
<p>Chapman. And they took some money of me, Farrel has it.</p>
<persName id="t17720909-19-person283"> John Farrel
<interp inst="t17720909-19-person283" type="surname" value="Farrel"/>
<interp inst="t17720909-19-person283" type="given" value="John"/>
<interp inst="t17720909-19-person283" type="gender" value="male"/> </persName> . Smith and I went to search this house; we found three cags of liquor that were taken out of a house over the water. I saw this coat taken off Chapman's back.</p>
<persName id="t17720909-19-person284"> Margaret Wilson
<interp inst="t17720909-19-person284" type="surname" value="Wilson"/>
<interp inst="t17720909-19-person284" type="given" value="Margaret"/>
<interp inst="t17720909-19-person284" type="gender" value="female"/> </persName> . They took the fowls out of the house, killed them, and had them dressed, and they took fifteen eggs out of the basket and had them fried, and they took a breeding doe rabbit away.</p>
<p>Court. I should be glad to see a prosecution of that sort.</p>
<p>Chapman's Defence.</p>
<p>I know nothing of these things. I bought the coat in Rag-Fair of a woman there.</p>
<p>Nimmy's Defence.</p>
<p>I bought the gown and paid half a guinea for it; the man told me it was his wife's gown; he was going to sell all his wife's things off; the prisoner said his wife was dead; I know her well.</p>
<rs id="t17720909-19-verdict92" type="verdictDescription">
<interp inst="t17720909-19-verdict92" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-19-punish93" type="punishmentDescription">
<interp inst="t17720909-19-punish93" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-19-defend259 t17720909-19-punish93"/> Death </rs>.</p>
<rs id="t17720909-19-verdict94" type="verdictDescription">
<interp inst="t17720909-19-verdict94" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p>
<p>See Nimmy tried No. 26 and 222 in the present mayoralty.</p>
<p>After the trial the court upon enquiry found that Justice Sherwood's people had plundered Nimmy's house when they took her into custody, of four live fowls, a live doe rabbit, fifteen eggs, which they had dressed, and a pound of tea; and ordered them, at the peril of a prosecution, to make her satisfaction, when it being referred to the jury to set a value upon them, they set it at 18 s. which was immediately paid her.</p> </div1>
<div1 type="trialAccount" id="t17720909-20">
<interp inst="t17720909-20" type="collection" value="BAILEY"/>
<interp inst="t17720909-20" type="year" value="1772"/>
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<join result="criminalCharge" id="t17720909-20-off95-c238" targOrder="Y" targets="t17720909-20-defend286 t17720909-20-off95 t17720909-20-verdict99"/>
<p>625. (L.)
<persName id="t17720909-20-defend286" type="defendantName"> WILLIAM ROW
<interp inst="t17720909-20-defend286" type="surname" value="ROW"/>
<interp inst="t17720909-20-defend286" type="given" value="WILLIAM"/>
<interp inst="t17720909-20-defend286" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-20-off95" type="offenceDescription">
<interp inst="t17720909-20-off95" type="offenceCategory" value="theft"/>
<interp inst="t17720909-20-off95" type="offenceSubcategory" value="grandLarceny"/> stealing fifteen guineas, a half guinea, and two shillings and six-pence in money, numbered </rs>, the property of
<persName id="t17720909-20-victim288" type="victimName"> Benjamin Bonnet
<interp inst="t17720909-20-victim288" type="surname" value="Bonnet"/>
<interp inst="t17720909-20-victim288" type="given" value="Benjamin"/>
<interp inst="t17720909-20-victim288" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-20-off95 t17720909-20-victim288"/> </persName> ,
<rs id="t17720909-20-cd96" type="crimeDate">March 12</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-20-off95 t17720909-20-cd96"/>. ++</p>
<persName id="t17720909-20-person289"> Benjamin Bonnet
<interp inst="t17720909-20-person289" type="surname" value="Bonnet"/>
<interp inst="t17720909-20-person289" type="given" value="Benjamin"/>
<interp inst="t17720909-20-person289" type="gender" value="male"/> </persName> . I live in
<placeName id="t17720909-20-crimeloc97">Token-house-yard</placeName>
<interp inst="t17720909-20-crimeloc97" type="placeName" value="Token-house-yard"/>
<interp inst="t17720909-20-crimeloc97" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-20-off95 t17720909-20-crimeloc97"/>. The prisoner was my
<rs id="t17720909-20-deflabel98" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-20-defend286 t17720909-20-deflabel98"/>; he came to live with me on the 2d of last November, and staid till the 28th of March. On the Saturday immediately preceding the 11th of March, I went out of town; I counted the money I had in a little bag in my desk; there were fifty-four guineas. When I came to town, on Wednesday morning, my son-in-law paid me twelve guineas he had received for me, which I put in the bag; and on the 11th of March I put in eleven guineas more. I was alarmed the next morning by my maid, who informed me that the prisoner had told her the house had been broke open. The head of a pin which fastened the cellar door was filed off. I found sixty-two guineas and a half spilt; the bag was taken out of the desk, and another bag, in which was a single half crown, was cut in the corner; there was a small hole cut in the desk, hardly large enough to put a half crown in. The desk was locked when I came to it; several of the guineas were pitched; they adhered together so, that if lifted up with a stick or any thing they were too wide to come out of the hole, and so I suppose dropt down again. The bags were upon the ground, and one corner of each purse was cut. From all appearances I suspected it must be done by somebody in the house; I charged the prisoner and the rest of the servants, but made no discovery till the 28th of March; when, while I was at Blackheath, I was informed the prisoner had bought a watch of one Mrs. Parker, at Greenwich; her son brought me a guinea they had received of the prisoner, which had pitch upon it; that made me suspect the prisoner. I had him before a justice at Greenwich; there he confessed that he had taken out of the desk fifteen guineas, a half guinea, and a half crown piece, and that he had bought the watch he had been seen with, with part of the money, and that ten guineas of it were concealed in my cellar, at my house, in Tokenhouse-yard, under some planks, near the small beer cask; he said, he took the money out with a small piece of wood pitched, to which the money stuck. I desired Mr. Cooper, my son-in-law, to make a search for the money, and to get Mr. Norman to assist him; he being a carpenter, he would be useful if it was necessary to remove any planks.</p>
<persName id="t17720909-20-person290"> William Norman
<interp inst="t17720909-20-person290" type="surname" value="Norman"/>
<interp inst="t17720909-20-person290" type="given" value="William"/>
<interp inst="t17720909-20-person290" type="gender" value="male"/> </persName> . I live opposite Mr. Bonnet ;
<xptr type="pageFacsimile" doc="177209090027"/> on the 30th of March, about nine in the morning, Mr. Cooper came over to me, and informed me, that Mr. Bonnet had been robbed; I went to Mr. Bonnet's. Mr. Holding, Mr. Cooper, and I searched the cellar, and under a board placed for to stand on when they drew beer, Mr. Holton picked up a parcel, in a rag, tied round with a bit of a ribbon; it contained ten guineas stuck together with pitch. I went to Justice Russell's; there I heard the prisoner confess that he hid the money there, and that it was his master's.</p>
<p>Mr. Cooper confirmed this evidence.</p>
<p>- Parker. The prisoner bought a watch of me on the 14th of March, for three guineas and a half.</p>
<p>Prisoner's Defence.</p>
<p>I know nothing of it: I was in liquor, and said any thing.</p>
<rs id="t17720909-20-verdict99" type="verdictDescription">
<interp inst="t17720909-20-verdict99" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-20-punish100" type="punishmentDescription">
<interp inst="t17720909-20-punish100" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-20-defend286 t17720909-20-punish100"/> T </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-21">
<interp inst="t17720909-21" type="collection" value="BAILEY"/>
<interp inst="t17720909-21" type="year" value="1772"/>
<interp inst="t17720909-21" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-21" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-21-off101-c242" targOrder="Y" targets="t17720909-21-defend292 t17720909-21-off101 t17720909-21-verdict103"/>
<p>626. (M.)
<persName id="t17720909-21-defend292" type="defendantName"> JOHN BROWNING
<interp inst="t17720909-21-defend292" type="surname" value="BROWNING"/>
<interp inst="t17720909-21-defend292" type="given" value="JOHN"/>
<interp inst="t17720909-21-defend292" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-21-off101" type="offenceDescription">
<interp inst="t17720909-21-off101" type="offenceCategory" value="theft"/>
<interp inst="t17720909-21-off101" type="offenceSubcategory" value="theftFromPlace"/> stealing seven linen shirts, value 3 l. seven linen stocks, value 3 s. three linen handkerchiefs, value 2 s. seven pair of cotton stockings, value 7 s. one pound of rappee snuff, value 2 s. one green woollen bag, value 3 d. and one linen bag, value 3 d. the property of
<persName id="t17720909-21-victim294" type="victimName"> Thomas Simkins
<interp inst="t17720909-21-victim294" type="surname" value="Simkins"/>
<interp inst="t17720909-21-victim294" type="given" value="Thomas"/>
<interp inst="t17720909-21-victim294" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-21-off101 t17720909-21-victim294"/> </persName> , in the dwelling house of
<persName id="t17720909-21-person295"> George Burt
<interp inst="t17720909-21-person295" type="surname" value="Burt"/>
<interp inst="t17720909-21-person295" type="given" value="George"/>
<interp inst="t17720909-21-person295" type="gender" value="male"/> </persName> </rs>, August 1 st. *</p>
<persName id="t17720909-21-person296"> Thomas Simkins
<interp inst="t17720909-21-person296" type="surname" value="Simkins"/>
<interp inst="t17720909-21-person296" type="given" value="Thomas"/>
<interp inst="t17720909-21-person296" type="gender" value="male"/> </persName> . I live at Mrs. Mead's, Chappel-street, Grosvenor-square; upon the 1st of August I was going out of town, between six and seven in the morning; I took my bag to Mr.
<persName id="t17720909-21-person297"> George Burt
<interp inst="t17720909-21-person297" type="surname" value="Burt"/>
<interp inst="t17720909-21-person297" type="given" value="George"/>
<interp inst="t17720909-21-person297" type="gender" value="male"/> </persName> 's, the corner of
<placeName id="t17720909-21-crimeloc102">Park-street</placeName>
<interp inst="t17720909-21-crimeloc102" type="placeName" value="Park-street"/>
<interp inst="t17720909-21-crimeloc102" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-21-off101 t17720909-21-crimeloc102"/>. There were in the bag the things mentioned in the indictment, (repeating them.) I laid them down in the tap room, and called for a pint of beer, to wait for the coach's coming; on the coach coming up the street, I went to the door in order to meet it; this
<persName id="t17720909-21-person298"> John Browning
<interp inst="t17720909-21-person298" type="surname" value="Browning"/>
<interp inst="t17720909-21-person298" type="given" value="John"/>
<interp inst="t17720909-21-person298" type="gender" value="male"/> </persName> in the mean time took the bundle out of the house. I found it upon him at the Three Tuns, Coleman's Muse, in about five minutes after.
<persName id="t17720909-21-person299"> William Leader
<interp inst="t17720909-21-person299" type="surname" value="Leader"/>
<interp inst="t17720909-21-person299" type="given" value="William"/>
<interp inst="t17720909-21-person299" type="gender" value="male"/> </persName> , this little boy, saw him go along the street; (one shirt and one stick produced) I found them all on him. The justice ordered me to bring one shirt and the bag, and send the rest home to wash.</p>
<p>Q. to
<persName id="t17720909-21-person300"> William Leader
<interp inst="t17720909-21-person300" type="surname" value="Leader"/>
<interp inst="t17720909-21-person300" type="given" value="William"/>
<interp inst="t17720909-21-person300" type="gender" value="male"/> </persName> . What age are you?</p>
<p>Leader. Past fourteen.</p>
<p>Q. Do you know what an oath is?</p>
<p>Leader. No.</p>
<p>Q. What will become of you if you give false witness?</p>
<p>Leader. I am sure I shall not.</p>
<p>Q. If you do what will happen to you in the next world?</p>
<p>Leader. I don't know.</p>
<p>Q. Did you ever learn your catechism?</p>
<p>Leader. Yes.</p>
<p>Q. Don't you know what it is to take an oath?</p>
<p>Leader. No.</p>
<p>Q. Suppose you was to say any thing false against the man, what will become of you?</p>
<p>Leader. I don't know.</p>
<p>Q. Have you been ever told there is a God that punishes people that do wicked things?</p>
<p>Leader. Yes.</p>
<p>Q. Is it not a bad thing to say that that is false of a man?</p>
<p>Leader. Yes.</p>
<p>Q. What do you think would become of you in the other world if you was to do so?</p>
<p>Leader. I don't know.</p>
<p>Q. What becomes of wicked people after they go out of the world?</p>
<p>Leader. I don't know.</p>
<p>Q. Have you heard of Heaven and Hell?</p>
<p>Leader. Yes.</p>
<p>Q. What do you think becomes of wicked people?</p>
<p>Leader. They go to Hell.</p>
<p>Q. If you take a false oath, do you think you shall go there?</p>
<p>Leader. Yes.</p>
<p>Court Swear him - (he is sworn.)</p>
<p>Q. Do you know the prisoner took it?</p>
<p>Leader. Yes; between six and seven o'clock in the morning, the prisoner came to Mr. Burt's, he called for a pint of beer, and enquired for one of the lodgers. I drawed him the beer and he sat down, and stayed some time; soon after this a gentleman's servant came in with a bundle of linen.</p>
<p>Q. Was that the last witness?</p>
<p>Leader. Yes; he called for a pint of beer, and laid the bundle down on the table; he went to the door and took a coach; somebody called to my master, and asked whether he had put the bundle by?</p>
<p>Q. Who called to your master?</p>
<p>Leader. My fellow servant; he said, no, he
<xptr type="pageFacsimile" doc="177209090028"/> had not, and sent me after the man to see to take him.</p>
<p>Q. How did you know the man took it?</p>
<p>Leader. Because the man was missing, and there was nobody in the house but him; I went after him, and catched him at Green's, the Three Tuns.</p>
<p>Q. How came you to go into the Three Tuns?</p>
<p>Leader. Because the prisoner had bid me to tell one of our lodgers to come there to him.</p>
<p>Q. When did he tell you that?</p>
<p>Leader. Before this man came; the lodger was an old clothes man; I was to tell him to come there at breakfast time, and bring the hats with him. On going in, there I found him; he asked what I wanted; I told him I wanted him, and told Mr. Green to keep him there till I fetched my master; he sat by the bundle, and had his arms on the table; my master took it away from him.</p>
<p>Q. Was you present when he took it?</p>
<p>Leader. My master took the bundle and gave it to this man.</p>
<p>Q. Did the man say it was his?</p>
<p>Leader. No; he asked my master to drink; he said he would not.</p>
<p>Prisoner's Defence.</p>
<p>I went to the Three Tuns; a man came in and laid the bundle down by me, and said, will you take care of this bundle, I am going two or three doors further. I never had it in my arms.</p>
<rs id="t17720909-21-verdict103" type="verdictDescription">
<interp inst="t17720909-21-verdict103" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-21-punish104" type="punishmentDescription">
<interp inst="t17720909-21-punish104" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-21-defend292 t17720909-21-punish104"/> Death </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-22">
<interp inst="t17720909-22" type="collection" value="BAILEY"/>
<interp inst="t17720909-22" type="year" value="1772"/>
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<join result="criminalCharge" id="t17720909-22-off105-c250" targOrder="Y" targets="t17720909-22-defend302 t17720909-22-off105 t17720909-22-verdict110"/>
<p>627. (L.)
<persName id="t17720909-22-defend302" type="defendantName"> JOHN WILLIAMS
<interp inst="t17720909-22-defend302" type="surname" value="WILLIAMS"/>
<interp inst="t17720909-22-defend302" type="given" value="JOHN"/>
<interp inst="t17720909-22-defend302" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-22-off105" type="offenceDescription">
<interp inst="t17720909-22-off105" type="offenceCategory" value="deception"/>
<interp inst="t17720909-22-off105" type="offenceSubcategory" value="forgery"/> feloniously forging and counterfeiting a bank note </rs>, in the words, letters and figures following,</p>
<p>No. 453</p>
<p>I promise to pay to Mrs.
<persName id="t17720909-22-person303"> Frans Jewson
<interp inst="t17720909-22-person303" type="surname" value="Jewson"/>
<interp inst="t17720909-22-person303" type="given" value="Frans"/>
<interp inst="t17720909-22-person303" type="gender" value="indeterminate"/> </persName> , or bearer, on demand, the sum of Ten pounds.</p>
<p>London the 10 day of Feb. 1772. For the Gov. and Comp. Ten of the Bank of England.</p>
<persName id="t17720909-22-person304"> Wm. Jackson Ten Entered
<interp inst="t17720909-22-person304" type="surname" value="Jackson Ten Entered"/>
<interp inst="t17720909-22-person304" type="given" value="Wm."/>
<interp inst="t17720909-22-person304" type="gender" value="male"/> </persName> B. Lambert against the form of the statute, &c.</p>
<p>Second Count the same as the first, only describing it thus</p>
<p>"a certain note in form of a bank note."</p>
<p>Third Count same as first, with this addition,</p>
<p>"with intent to defraud the Governor and Company of the Bank of England."</p>
<p>Fourth Count same as second, with this addition,</p>
<p>"with intent to defraud the Governor and Company, &c."</p>
<p>Fifth Count same as first, with this addition,</p>
<p>"with intent to defraud
<persName id="t17720909-22-victim306" type="victimName"> Viet Mitchel
<interp inst="t17720909-22-victim306" type="surname" value="Mitchel"/>
<interp inst="t17720909-22-victim306" type="given" value="Viet"/>
<interp inst="t17720909-22-victim306" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-22-off105 t17720909-22-victim306"/> </persName> ."</p>
<p>Sixth Count same as second, with this addition,</p>
<p>"with intent to defraud the said
<persName id="t17720909-22-person307"> Viet Mitchel
<interp inst="t17720909-22-person307" type="surname" value="Mitchel"/>
<interp inst="t17720909-22-person307" type="given" value="Viet"/>
<interp inst="t17720909-22-person307" type="gender" value="male"/> </persName> ."</p>
<p>Seventh Count for feloniously forging and counterfeiting, &c. a certain promissary note for the payment of money, (describing the note) with intent to defraud the Governor and Company, &c.</p>
<p>Eighth Count same as seventh, only to defraud the said
<persName id="t17720909-22-person308"> Viet Mitchel
<interp inst="t17720909-22-person308" type="surname" value="Mitchel"/>
<interp inst="t17720909-22-person308" type="given" value="Viet"/>
<interp inst="t17720909-22-person308" type="gender" value="male"/> </persName> .
<rs id="t17720909-22-cd106" type="crimeDate">Aug. 1st</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-22-off105 t17720909-22-cd106"/>. ++</p>
<persName id="t17720909-22-person309"> Susanna Lunn
<interp inst="t17720909-22-person309" type="surname" value="Lunn"/>
<interp inst="t17720909-22-person309" type="given" value="Susanna"/>
<interp inst="t17720909-22-person309" type="gender" value="female"/> </persName> . I serve in the shop of Mr. Mitchel, a
<rs id="t17720909-22-viclabel107" type="occupation">jeweller</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-22-victim306 t17720909-22-viclabel107"/> and
<rs id="t17720909-22-viclabel108" type="occupation">sword-cutler</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-22-victim306 t17720909-22-viclabel108"/>, in
<placeName id="t17720909-22-crimeloc109">Cornhill</placeName>
<interp inst="t17720909-22-crimeloc109" type="placeName" value="Cornhill"/>
<interp inst="t17720909-22-crimeloc109" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-22-off105 t17720909-22-crimeloc109"/>.</p>
<p>Q. Did any body come to Mr. Mitchel's shop in August last to buy a sword?</p>
<p>Lunn. Yes; a person who called himself Johnson.</p>
<p>Q. Did he bargain with you for a sword?</p>
<p>Lunn. Yes.</p>
<p>Q. What day was it?</p>
<p>Lunn. Thursday the 20th.</p>
<p>Q. What time of the day?</p>
<p>Lunn. Between four and five o'clock; he bargained for the sword for four guineas and a half, and said he would go to a coffee-house, and send the waiter for it; in giving him change I gave him a guinea too much; out of the change he was to give me four shillings, two of which he gave me; he tendered me a bank note.</p>
<p>Q. Is that the note? ( shewing the witness the forged note.)</p>
<p>Lunn. Yes, it is; I gave him three guineas, two moidores and half a moidore; he gave me two shillings in the shop, and said he would send the other two by the waiter whom he should send for the sword; when he was gone, I counted it over again, and found I had given him a guinea too much.</p>
<p>Q. He did not mention any coffee-house then?</p>
<p>Lunn. He said he would go to a coffee-house, and send the waiter; when the young man from the New York Coffee-house brought me the two shillings, I found my mistake; I gave him back my figures, and desired he would send me a guinea and two shillings; while he was gone for the change I sent the note to the next door, to know if it was good; they sent it to a banker's, and the answer was, I think rather suspicious;
<xptr type="pageFacsimile" doc="177209090029"/> at my request it was sent to the Bank; the Bank stopt it, and some of the gentlemen came to know whom I had taken it of; I gave the best account I could; they sent, but the man was gone from the coffee-house. He returned me the one pound three shillings; the sword never was delivered; the young man was to have had the sword at the time he gave me the one pound three shillings. I had sent to the Bank, and detained him till the messenger came back.</p>
<p>Q. After you heard this note was not a good one, did you ever see him any more?</p>
<p>Lunn. No; the Saturday following one Mr. Williams came.</p>
<p>Q. Do you know who the person is they called Mr. Johnson?</p>
<p>Lunn. I never saw him before; he is not the person that came on the Saturday, that is the prisoner.</p>
<p>Q. What time did he come?</p>
<p>Lunn. Between seven and eight in the evening; he asked me if a Mr. Johnson had not bought a sword the Thursday before; I told him he had; he asked me if the note was good that I took of him; I told him it was not; he said Mr. Johnson had been imposed on by a horse dealer, who gave him two bank notes, one of which proved bad, and fearing mine might be so, he had sent me back five guineas and six-pence, that I might be no looser. I told him Mr. Mitchel was out and I had not the note; he seemed desirous of leaving the money, but I refused it, not having the note with me; he wished to leave the money, and I was to send the note on Monday to Mr. Williams, at
<persName id="t17720909-22-person310"> Young Slaughter
<interp inst="t17720909-22-person310" type="surname" value="Slaughter"/>
<interp inst="t17720909-22-person310" type="given" value="Young"/>
<interp inst="t17720909-22-person310" type="gender" value="male"/> </persName> 's coffee-house; I refused the money, and said I would send it on Monday; then he made the offer to come himself on Monday at twelve o'clock; he went away. On Monday morning I went to the Bank to ask for the note; there was no-body of any consequence at the Bank then to give me an answer; I told them I should get the money at twelve o'clock for the note. Mr. Russel and Mr. Payne came over, and said they would send two proper persons to apprehend the man when he came; they sent the note; I was to give it the man and get my money; two proper men came over, but Mr. Williams did not come till the afternoon.</p>
<p>Q. What time?</p>
<p>Lunn. I believe about six or seven o'clock; he then asked me if I had got the bill; I asked him if I was to keep the silver hilted sword or the steel one, that Mr. Johnson had looked at; he said the steel one should be laid by for him. I then asked him for the five guineas and six-pence; he did not give it me till I produced the note; I gave him the note, and then he gave me the money; I gave him the note, and then the proper people the governor of the Bank had sent got hold of him; after that he gave me the money.</p>
<p>Council. Describe the manner of his taking the note.</p>
<p>Lunn. I cannot; when he came for the note the first time he seemed much flurried; he said he had run, and was out of breath. When the men laid hold of him, he enquired the reason of that treatment.</p>
<p>Q. What did he do with the note at the time he was apprehended?</p>
<p>Lunn. I don't know he had it in his hand.</p>
<p>Q. Look at that note, and see whether you are certain by any mark upon it, whether that is the identical note he gave you?</p>
<p>Lunn. Yes; here are the initials of my name upon it, which I wrote at my Lord Mayor's in the evening</p>
<p>Q. Did you write your name upon it before you went to my Lord Mayor's?</p>
<p>Lunn. No; but I remember it to be the same; here is a name upon it.
<persName id="t17720909-22-person311"> John Cummings
<interp inst="t17720909-22-person311" type="surname" value="Cummings"/>
<interp inst="t17720909-22-person311" type="given" value="John"/>
<interp inst="t17720909-22-person311" type="gender" value="male"/> </persName> ; I think it is; that was upon it at the time I took it of him.</p>
<p>Cross Examination.</p>
<p>Q. You said you gave the note to the prisoner when he came between seven and eight o'clock?</p>
<p>Lunn. Yes.</p>
<p>Q. When did you first see the note after that?</p>
<p>Lunn. The same night.</p>
<p>Q. How long was it out of your custody?</p>
<p>Lunn. I suppose not half an hour; the moment he was apprehended, we went to my Lord Mayor's; there I put my initials upon it.</p>
<p>Court. Did you say you observed the name Cummings upon it when you took it?</p>
<p>Lunn. I did.</p>
<p>Q. Who delivered it to the Bank?</p>
<p>Lunn. An apprentice of Messrs. Stinton and Brown by my desire went to the Bank, to know if it was good, and to bring the cash if it was; that was on Thursday.</p>
<p>Q. How long was it before you had it again from the Bank?</p>
<p>Lunn. Not till Monday.</p>
<xptr type="pageFacsimile" doc="177209090030"/>Q. Then you did not see it till the Monday following?</p>
<p>Lunn. No.</p>
<p>Q. I think you said the prisoner, the first time he came, told you that his name was Mr. Williams, at
<persName id="t17720909-22-person312"> Young Slaughter
<interp inst="t17720909-22-person312" type="surname" value="Slaughter"/>
<interp inst="t17720909-22-person312" type="given" value="Young"/>
<interp inst="t17720909-22-person312" type="gender" value="male"/> </persName> 's Coffee-house?</p>
<p>Lunn. Yes.</p>
<persName id="t17720909-22-person313"> John Boult
<interp inst="t17720909-22-person313" type="surname" value="Boult"/>
<interp inst="t17720909-22-person313" type="given" value="John"/>
<interp inst="t17720909-22-person313" type="gender" value="male"/> </persName> . I am one of the cashiers of the Bank.</p>
<p>Q. When was this note first brought to you?</p>
<p>Boult. On the 20th of August, about a quarter before five in the evening, it was brought to me for the money; the lad that handed it over, said he wanted the money for it. I having many of the banker's clerks round me, in a hurry took the note; at first sight it appeared to be a bank note; seeing Jackson's name, I went to write my name, in order that they should have the money; perceiving the ink sink I turned my eye to the Britannia, there I saw it blotted; I turned it up to the light to see if it was our paper, and I saw it was not.</p>
<p>Q. What is the mark in your paper?</p>
<p>Boult. There is wrote Bank of England in the moulds, and that makes the impression in the paper.</p>
<p>Q. You are satisfied that it is not a real bank note?</p>
<p>Boult. Yes, I am certain of it; I then asked the person who produced it, who he brought it from.</p>
<p>Court. That is not material.</p>
<p>Cross Examination.</p>
<p>Q. I believe that mark is not always in bank notes visible in the paper?</p>
<p>Boult. Sometimes it is not so, when a note has been long worn in the pocket and is dirty; it is always so when we issue them.</p>
<p>Q. Sometimes it is so feebly marked in the paper that it is very difficult to trace it at first?</p>
<p>Boult. Yes; there are other marks besides that.</p>
<p>Court. Is there any instance of your issuing a bank note upon the paper of which these words are not legible?</p>
<p>Boult. None at all; we never issue them without its being very plain.</p>
<p>Council for the Crown. Upon the whole I understood you to say, you are positive this is a fictitious note?</p>
<p>Boult. Yes.</p>
<p>Q. to
<persName id="t17720909-22-person314"> William Jackson
<interp inst="t17720909-22-person314" type="surname" value="Jackson"/>
<interp inst="t17720909-22-person314" type="given" value="William"/>
<interp inst="t17720909-22-person314" type="gender" value="male"/> </persName> . You are a cashier of the bank too I believe?</p>
<p>Jackson. Yes.</p>
<p>Q. Tell the court if this paper signed
<persName id="t17720909-22-person315"> William Jackson
<interp inst="t17720909-22-person315" type="surname" value="Jackson"/>
<interp inst="t17720909-22-person315" type="given" value="William"/>
<interp inst="t17720909-22-person315" type="gender" value="male"/> </persName> (shewing the witness the forged note) is signed by you, with your hand writing?</p>
<p>Jackson. No, it is not.</p>
<p>Q. Is there any other
<persName id="t17720909-22-person316"> William Jackson
<interp inst="t17720909-22-person316" type="surname" value="Jackson"/>
<interp inst="t17720909-22-person316" type="given" value="William"/>
<interp inst="t17720909-22-person316" type="gender" value="male"/> </persName> , a cashier at the Bank that has any authority to sign notes.</p>
<p>Jackson. No.</p>
<p>Q. Then is that a true bank note?</p>
<p>Jackson. It is not a true bank note?</p>
<p>Q. Can you tell, whether upon the day that bears date, any note did issue from the Bank signed by you of the same sum and marks, payable to the same person?</p>
<p>Jackson. There was upon the same day the same sum and signed by me; but I doubt whether there was to the same person: there are two ten pound notes the same day.</p>
<p>Council for the prisoner. Have you any knowledge of issuing a bank note that day without collecting the knowledge from books.</p>
<p>Jackson. It is impossible so many notes as we issue (refers to the book.) On 10th of February two ten pound notes issued, payable to
<persName id="t17720909-22-person317"> Francis Jewson
<interp inst="t17720909-22-person317" type="surname" value="Jewson"/>
<interp inst="t17720909-22-person317" type="given" value="Francis"/>
<interp inst="t17720909-22-person317" type="gender" value="male"/> </persName> . We have no book that tells who signs it.</p>
<p>Court. Did not you as a cashier keep an account of what notes you signed that day?</p>
<p>Jackson. No; it is impossible we sign so many. No. 453.
<persName id="t17720909-22-person318"> Francis Jewson
<interp inst="t17720909-22-person318" type="surname" value="Jewson"/>
<interp inst="t17720909-22-person318" type="given" value="Francis"/>
<interp inst="t17720909-22-person318" type="gender" value="male"/> </persName> , two ten pounds, dated the 10th of Feb. 1772.</p>
<p>Q. Payable to whom?</p>
<p>Jackson. All to bearer in that book.</p>
<p>Council for the Crown. Then you have no means of knowing with certainty whither you signed these notes or no?</p>
<p>Jackson. It is most certain I did.</p>
<p>Q. Are they in circulation or brought in?</p>
<p>Jackson. In circulation.</p>
<persName id="t17720909-22-person319"> John Clarke
<interp inst="t17720909-22-person319" type="surname" value="Clarke"/>
<interp inst="t17720909-22-person319" type="given" value="John"/>
<interp inst="t17720909-22-person319" type="gender" value="male"/> </persName> . I know the prisoner at the bar.</p>
<p>Q. Have you been at his father's house when he has been there?</p>
<p>Clarke. Yes.</p>
<p>Q. Do you recollect at any time to have seen him drawing, or using a pencil?</p>
<p>Clarke. Yes.</p>
<p>Q. In what way?</p>
<p>Clarke. He was shading a face when I was there.</p>
<p>Q. Drawing in Indian ink or what?</p>
<xptr type="pageFacsimile" doc="177209090031"/>Clarke. It was black; he was using a hair pencil; he put it into his mouth several times.</p>
<p>Cross Examination.</p>
<p>Q. You have seen many little boys at school do that have not you?</p>
<p>Jackson. I cannot say but I have.</p>
<p>Council for the Crown. Can you tell whether he is used to draw in Indian ink or no?</p>
<p>Jackson. No, I cannot tell.</p>
<p>Q. Have you ever heard him acknowledge whether he could, or could not, draw in Indian ink?</p>
<p>Jackson. I did hear him acknowledge he could before my Lord Mayor.</p>
<p>Council for the Crown. This is the case on the part of the prosecution; I am ready to say I don't think it a case sufficient to convict, at the same time it is a suspicious case, and fit to be brought before a jury.</p>
<rs id="t17720909-22-verdict110" type="verdictDescription">
<interp inst="t17720909-22-verdict110" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-23">
<interp inst="t17720909-23" type="collection" value="BAILEY"/>
<interp inst="t17720909-23" type="year" value="1772"/>
<interp inst="t17720909-23" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-23" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-23-off111-c267" targOrder="Y" targets="t17720909-23-defend321 t17720909-23-off111 t17720909-23-verdict114"/>
<p>628. (L.)
<persName id="t17720909-23-defend321" type="defendantName"> JOHN WHILE
<interp inst="t17720909-23-defend321" type="surname" value="WHILE"/>
<interp inst="t17720909-23-defend321" type="given" value="JOHN"/>
<interp inst="t17720909-23-defend321" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-23-off111" type="offenceDescription">
<interp inst="t17720909-23-off111" type="offenceCategory" value="deception"/>
<interp inst="t17720909-23-off111" type="offenceSubcategory" value="forgery"/> falsely, feloniously, and traiterously forging, counterfeiting and coining one piece of false and counterfeit money, to the likeness and similitude of the good legal current money, and silver coin of this realm, called a shilling, against the duty of his allegiance, and against the statute </rs>,
<rs id="t17720909-23-cd112" type="crimeDate">Aug. 28</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-23-off111 t17720909-23-cd112"/>. *</p>
<persName id="t17720909-23-person322"> Joseph Thompson
<interp inst="t17720909-23-person322" type="surname" value="Thompson"/>
<interp inst="t17720909-23-person322" type="given" value="Joseph"/>
<interp inst="t17720909-23-person322" type="gender" value="male"/> </persName> . On the 28th of August I obtained a warrant from the Lord Mayor, to search the house of Mrs. Butler, in
<placeName id="t17720909-23-crimeloc113">Bartlet's-court, Holborn, opposite Hatton Garden</placeName>
<interp inst="t17720909-23-crimeloc113" type="placeName" value="Bartlet's-court, Holborn, opposite Hatton Garden"/>
<interp inst="t17720909-23-crimeloc113" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-23-off111 t17720909-23-crimeloc113"/>. I called at the Counter and took Mrs. Butler with me to search the house? she has the upper part of the house; the lower part is a coffee house; when we came to the house she sent a girl to see for the key; she wandered up and down the street, came back, and said she could not find it; I sent a person after to watch her; she went to no one place, upon which Mr. Payne, who was with me, burst the door open; I entered the place immediately; we searched the one pair of stairs; then we asked to search the garret; Mrs. Butler said she had not a key of it, for the man that rented the room of her had got it; I asked where he lived, or what his name was; she said she could not tell; upon which I burst the door open myself, and upon a large oval wainscot table, I found a number of counterfeit shillings, I believe between 1300 and 1400; they were in separate papers, but laid open, and very regular. Upon the same table we found a couple of crucibles which had several sorts of metal in them, seemingly for melting; we crossed the room, and came to a moulding trough, which is to hold the earth in, where we found a pair of brass flasks; that is a thing that holds a quantity of earth to put metal into; we found a lathe likewise that appeared as if it was for turning something of money under it; and there was a crown of a hat with some turnings in it; (a large bag of sand produced) this we found in the room.</p>
<p>Q. Is the money in court?</p>
<p>Thompson. Yes; (producing a large bag of counterfeit shillings) in picking them up, I mixed some good shillings with the bad ones; I picked out afterwards all I could find, there is forty-two of them; there was a bench vice, a crucible, (produced) with some shillings unfinished in it, and a piece of wood with a mark for a shilling in it, supposed to be put in the vice to finish the shillings.</p>
<p>Q. Was there no skin at all?</p>
<p>Thompson. No; we found a Dutch stove, with abundance of charcoal about it; a bottle of quicksilver, a bottle of aquafortis, a bottle of sal prunella, which is proper for the fluxing of metals; we found sheers and tongs, and three sleves full of dirt of the same sort as that ( pointing to the sand used to cast metal in.) The prisoner was brought down to my house next morning; I found upon him the key of that room I broke open. These two pieces of iron match; I don't know the use of them; one I found in his possession, in a basket; the other I found in the room; this file (producing it) was in the basket; there was some metal upon it which seemed to be of the same kind as the fileings in the hat? I found this shilling in his pocket; (producing a counterfeit shilling;) there were besides a crown piece and a sixpence which were good. I found this file (producing it) in the shop, it is smooth on one side. I asked him how he came by that key, which I apprehended would fit this lock; he said he had lodged there formerly, but did not then, and as to any thing found there, he knew nothing at all of the matter; he said one key might fit another lock for all that he knew; he mentioned a house in Shoreditch where he lived; he told me his name was
<persName id="t17720909-23-person323"> John While
<interp inst="t17720909-23-person323" type="surname" value="While"/>
<interp inst="t17720909-23-person323" type="given" value="John"/>
<interp inst="t17720909-23-person323" type="gender" value="male"/> </persName> . We got a search warrant, and found there this (producing the collar of a lathe for turning;) there were two melting pots, and a wire sieve that had mould in it. The next morning I tried the key I found on him, to the lock of the door and it fits exactly.</p>
<xptr type="pageFacsimile" doc="177209090032"/>Cross Examination.</p>
<p>Q. The man was brought to you?</p>
<p>Thompson. Yes.</p>
<p>Q. He had a shilling in his pocket, you believe that to be a bad shilling?</p>
<p>Thompson. Yes.</p>
<p>Q. Should you have refused it if it had been offered you in payment?</p>
<p>Thompson. I believe I should.</p>
<p>Q. Have you ever taken such a shilling?</p>
<p>Thompson. I cannot tell; a man often takes bad money in change and does not know it.</p>
<p>Q. You are in a metal business?</p>
<p>Thompson. A watch finisher.</p>
<p>Q. Is not that an instrument that is made use of by a great many trades that work in metal?</p>
<p>Thompson. It may for what I know.</p>
<p>Q. You have seen such things as that flung by have not you?</p>
<p>Thompson. Yes.</p>
<p>Q. Where?</p>
<p>Thompson. At founders.</p>
<p>Q. Then it is proper for different kinds of business?</p>
<p>Thompson. Yes.</p>
<p>Q. Did you try that key with any other lock, it is a common key?</p>
<p>Thompson. I tried it with no other.</p>
<p>Q. You talked with the man; he said he did not lodge at Mrs. Butler's, that the key might fit the door but he knew nothing of the matter?</p>
<p>Thompson. Yes.</p>
<p>Q. And when you charged him with the possession of the things, he denied that too?</p>
<p>Thompson. Yes.</p>
<persName id="t17720909-23-person324"> William Pain
<interp inst="t17720909-23-person324" type="surname" value="Pain"/>
<interp inst="t17720909-23-person324" type="given" value="William"/>
<interp inst="t17720909-23-person324" type="gender" value="male"/> </persName> . I went with Mr. Thompson, when the search warrant was granted, to Mrs. Butler's, in Bartlet's-court, yesterday was fortnight; Mrs. Butler was at the house with Mr. Thompson, and two more constables. Mr. Thompson broke open the prisoner's door: we went into the room and saw the counterfeit shillings wrapped up in different papers, and found the things the same as Mr. Thompson has mentioned. I carried six of the counterfeit shillings to Mr. Lucas, the assay master. I went next day about nine o'clock; I found nobody there; there was a padlock on the outer door; as I was coming back, in order to go to Mr. Thompson's, just before I got into Holborn, in the passage, I met the prisoner, in a green apron, and he had a basket in his hand; he passed me in the narrow part of the passage; it struck me as soon as I saw him, that he was the workman; he passed me, and went up close to Mrs. Butler's door; I was close after him; as soon as he heard somebody behind him, he turned round and looked at me, upon which I said, who do you want here honest friend? he said he wanted Mrs. Butler; I said I suppose you are the person that used the two pair of stairs room; he replied, I did lodge here about six months ago, when I first came to town, but I don't now; I said if you want Mrs. Butler, if you will go with me you shall see her; I went with him to Mr. Thompson's, in Bride-lane.</p>
<p>Q. Did he appear as if he wished to go?</p>
<p>Pain. I told him I should insist upon his going; as we were going along I told him the whole affair; he had several filings in his baskets, and meat and bread and cheese, and that bit of iron which has been produced, and we found two keys on him.</p>
<p>Cross Examination.</p>
<p>Q. When you asked him what he wanted, he readily told you Mrs. Butler?</p>
<p>Pain. Yes.</p>
<p>Q. Did he offer to make any resistance?</p>
<p>Pain. No; when I told him I would take him where Mrs. Butler was, he said then, any time would do, and appeared loth to go.</p>
<p>Q. Did he tell you what business he had with Mrs. Butler?</p>
<p>Pain. He said he wanted to see her.</p>
<persName id="t17720909-23-person325"> Joseph Lucas
<interp inst="t17720909-23-person325" type="surname" value="Lucas"/>
<interp inst="t17720909-23-person325" type="given" value="Joseph"/>
<interp inst="t17720909-23-person325" type="gender" value="male"/> </persName> . I am the king's assay-master at the mint; I received six counterfeit shillings from Pain; the value upon an assay was about 4 1/2 d. a piece.</p>
<p>Q. Look at these ( shewing him the good shillings.)</p>
<p>Lucas. They appear to be good shillings.</p>
<p>Q. to Thompson. Did you make any observations upon the good shillings as to any use they might have been applied to?</p>
<p>Thompson. I imagined they might have been used as patterns from the yellow colour of them.</p>
<p>Q. to Mr. Lucas. Would their having been applied in that sand account for their yellowness?</p>
<p>Lucas. It might be contracted from thence with that sand, I think it is very probable and it may be by time.</p>
<p>Q. What is the use of the aquasortis and quicksilver?</p>
<p>Lucas. He may make use of the quicksilver
<xptr type="pageFacsimile" doc="177209090033"/> to make it appear as good silver; this metal could not have a white appearance, there is a great portion of copper in it, it will be of a yellow cast; it is necessary to use quicksilver to give it a white cast.</p>
<p>Q. I believe aquafortis is necessary to dissolve the quicksilver?</p>
<p>Lucas. Yes; but I believe they generally use it in a powder; about half of them is silver.</p>
<p>Q. Then they would be of more value than 4 1/2 d?</p>
<p>Lucas. No, they are not the weight of a shilling; I take this bit to be the cutting off of some of the castings.</p>
<persName id="t17720909-23-person326"> Catharine Topham
<interp inst="t17720909-23-person326" type="surname" value="Topham"/>
<interp inst="t17720909-23-person326" type="given" value="Catharine"/>
<interp inst="t17720909-23-person326" type="gender" value="female"/> </persName> . I was with Mrs. Butler in August last as a chair woman; I have known the prisoner about two months; the prisoner had the two pair of stairs room and a garret at Mrs. Butler's.</p>
<p>Q. Had he the garret the whole of the two months you was there, or part of the time?</p>
<p>Topham. About five weeks I believe.</p>
<p>Q. Had he it about the time he was apprehended?</p>
<p>Topham. Yes.</p>
<p>Q. Who used to keep the key of it?</p>
<p>Topham. Himself I believe; I never saw the key; sometimes he used to come about eight, sometimes later.</p>
<p>Q. How long did he stay at a time?</p>
<p>Topham. From eight in the morning till about four or five in the afternoon.</p>
<p>Q. Had you never an opportunity of going into the room yourself?</p>
<p>Topham. No; the prisoner used to call Mrs. Butler, and Mrs. Butler used to send me for some beer; he came out of his room and gave me the money upon the stairs.</p>
<p>Q. How often was that?</p>
<p>Topham. Several times; I used to carry the beer, and leave it upon a little landing place, and give a knock; Mrs. Butler bid me knock at the door, not to offer to go in; I used to leave the beer and the change at the landing place, and he never opened the door till I was got into Mrs. Butler's room.</p>
<p>Jury. What money did he give you?</p>
<p>Topham. A shilling, or sixpence sometimes.</p>
<p>Q. Was it ever refused?</p>
<p>Topham. No; I suppose they were good.</p>
<p>Q. Did you make that observation of his not opening the door till you was in Mrs. Butler's room more than once?</p>
<p>Topham. Yes, I did.</p>
<p>Q. What name did he go by then?</p>
<p>Topham. By the name of Gill; Mrs. Butler told me his name was so.</p>
<p>Q. Did any body come to ask for him during the time you was there?</p>
<p>Topham. No.</p>
<p>Q. How often might you be sent for beer in a week?</p>
<p>Topham. Five or six times almost every day.</p>
<p>Q. When you knocked at the door, having brought up the beer, how long was it before he opened the door?</p>
<p>Topham. Never till I got down stairs; that was always the case; I never saw the man out of the room.</p>
<p>Cross Examination.</p>
<p>Q. You never had any directions from him to leave the beer upon the stairs had you?</p>
<p>Topham. No.</p>
<p>Q. Was any body else with him?</p>
<p>Topham. I believe he was alone; I never heard any voices.</p>
<p>Q. Was there any other lodgers in the house?</p>
<p>Topham. No; there were two men used to come to him, that were supposed to be his sons.</p>
<p>Q. I understood you otherwise just now?</p>
<p>Topham. They never asked for him.</p>
<p>Q. He never gave you directions not to open his door himself?</p>
<p>Topham. No.</p>
<p>Q. You was there about five weeks.</p>
<p>Topham. Yes, I believe so; it may be rather less than more.</p>
<p>Q. Who lived in the house before?</p>
<p>Topham. Mrs. Butler herself.</p>
<p>Q. Do you know whether his door used to be locked when he went away.</p>
<p>Topham. I do not know; I have swept the stairs; it appeared to me to be locked; it was always close shut; I never tried.</p>
<p>Prisoner's Defence.</p>
<p>I never had any connexions with Mrs. Butler in my life, nor did I take the room of her; I never received, nor paid, nor dealt with her in the whole course of my life. She told me some time ago, that she would give me something to wear in my pocket to stop me of the rheumatism; I am troubled with it; I was there the week before, she said she had not got it ready, and bid me call some other time; so I called that morning, and Mr. Pain being at the door, took me up.</p>
<xptr type="pageFacsimile" doc="177209090034"/>For the Prisoner.</p>
<persName id="t17720909-23-person327"> Humphrey Jefferies
<interp inst="t17720909-23-person327" type="surname" value="Jefferies"/>
<interp inst="t17720909-23-person327" type="given" value="Humphrey"/>
<interp inst="t17720909-23-person327" type="gender" value="male"/> </persName> . I have known the prisoner at the bar about eighteen years; he lived in Birmingham the greatest part of his life time; his wife died about eighteen years ago, and left him a large family; he worked in one house of great repute till about six months ago; I was informed his reason of coming to London was, a son of his went for a soldier, and was returned, that he got into some way of business that enabled him to support his father, and therefore induced this poor old man to come from Birmingham. His character in Birmingham is very good; I believe there is not a person ever knew him guilty of a dishonest thing; he was intrusted by gentlemen I am concerned for, for many years, with all their stock in great manufactures; he always behaved well.</p>
<p>Cross Examination.</p>
<p>Q. How long ago did he live at Birmingham?</p>
<p>Jefferies. I have not been informed of his being in London more than three months.</p>
<p>Q. How lately did you know him in Birmingham?</p>
<p>Jefferies. I am sure he was there within these nine months.</p>
<p>Q. Then for nine months last past you knew nothing of him?</p>
<p>Jefferies. No; I have seen him but once since.</p>
<p>Q. What is his business?</p>
<p>Jefferies. He is in the gun-smith way, and blueing and blacking barrels, and such things.</p>
<p>Q. Is he a cleaver artificer; ingenious?</p>
<p>Jefferies. He was not an artificer.</p>
<p>Q. The Birmingham men are very good artists?</p>
<p>Jefferies. Them that are apprentices to the trade.</p>
<p>Q. He is a very ingenious man I suppose in the trade he was employed in?</p>
<p>Jefferies. I never knew him to be ingenious in any thing; I never knew him to attempt to make one article, but finish up triggers and pins, and such things.</p>
<persName id="t17720909-23-person328"> Joseph Smith
<interp inst="t17720909-23-person328" type="surname" value="Smith"/>
<interp inst="t17720909-23-person328" type="given" value="Joseph"/>
<interp inst="t17720909-23-person328" type="gender" value="male"/> </persName> . I have known him twenty-two years; there is not a man in a thousand that is beloved as he is.</p>
<p>Q. Did you ever know of his coining or making money?</p>
<p>Smith. No.</p>
<p>Cross Examination.</p>
<p>Q. Are you a Birmingham man?</p>
<p>Smith. Yes; I was an apprentice with the same man; I have left that country fourteen years; I have been back into the country several times; I am a gun-smith.</p>
<p>Q. You was here a witness yesterday?</p>
<p>Smith. Yes, about a pair of pistols. *</p>
<p>* See the trial of Jones and Sunderland, No. 620, 621.</p>
<persName id="t17720909-23-person329"> Richard Jones
<interp inst="t17720909-23-person329" type="surname" value="Jones"/>
<interp inst="t17720909-23-person329" type="given" value="Richard"/>
<interp inst="t17720909-23-person329" type="gender" value="male"/> </persName> . I have not known him a great while; he was at our house some time last winter; I never heard any thing but he was a very honest man.</p>
<p>Q. What is his name?</p>
<persName id="t17720909-23-person330"> John While
<interp inst="t17720909-23-person330" type="surname" value="While"/>
<interp inst="t17720909-23-person330" type="given" value="John"/>
<interp inst="t17720909-23-person330" type="gender" value="male"/> </persName> .</p>
<p>Q. Where has he lived since you knew him?</p>
<p>Jones. In London.</p>
<p>Q. Where?</p>
<p>Jones. I cannot really tell.</p>
<p>Q. What sort of an acquaintance had you with him?</p>
<p>Jones. But a slender acquaintance through my brother.</p>
<p>Q. You do not know where he lives?</p>
<p>Jones. No; I have always heard an honest character of him.</p>
<p>Q. Did you know Mrs. Butler?</p>
<p>Jones. No; I never saw the woman in my life to the best of my knowledge.</p>
<rs id="t17720909-23-verdict114" type="verdictDescription">
<interp inst="t17720909-23-verdict114" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-23-punish115" type="punishmentDescription">
<interp inst="t17720909-23-punish115" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-23-defend321 t17720909-23-punish115"/> Death </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-24">
<interp inst="t17720909-24" type="collection" value="BAILEY"/>
<interp inst="t17720909-24" type="year" value="1772"/>
<interp inst="t17720909-24" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-24" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-24-off116-c277" targOrder="Y" targets="t17720909-24-defend332 t17720909-24-off116 t17720909-24-verdict121"/>
<p>629. (L.)
<persName id="t17720909-24-defend332" type="defendantName"> JOHN GEAREY
<interp inst="t17720909-24-defend332" type="surname" value="GEAREY"/>
<interp inst="t17720909-24-defend332" type="given" value="JOHN"/>
<interp inst="t17720909-24-defend332" type="gender" value="male"/> </persName> was indicted for that
<rs id="t17720909-24-off116" type="offenceDescription">
<interp inst="t17720909-24-off116" type="offenceCategory" value="violentTheft"/>
<interp inst="t17720909-24-off116" type="offenceSubcategory" value="highwayRobbery"/> he on the King's highway on
<persName id="t17720909-24-victim333" type="victimName"> Dove Rainer
<interp inst="t17720909-24-victim333" type="surname" value="Rainer"/>
<interp inst="t17720909-24-victim333" type="given" value="Dove"/>
<interp inst="t17720909-24-victim333" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17720909-24-off116 t17720909-24-victim333"/> </persName> did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a cane, mounted with silver, value 10 s. the property of Dove Rayner </rs>.
<rs id="t17720909-24-cd117" type="crimeDate">August 31</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17720909-24-off116 t17720909-24-cd117"/>. ++</p>
<p>Dove Rainer. I am a
<rs id="t17720909-24-viclabel118" type="occupation">watch-maker</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-24-victim333 t17720909-24-viclabel118"/>. On the 31st of August returning home out of the city from my club, going down the
<placeName id="t17720909-24-crimeloc119">Minories</placeName>
<interp inst="t17720909-24-crimeloc119" type="placeName" value="Minories"/>
<interp inst="t17720909-24-crimeloc119" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17720909-24-off116 t17720909-24-crimeloc119"/> on the right hand, I saw the prisoner and another man whispering together; I walked as fast as I could; I did not like them; when I came a-breast of them, going to pass them, one, to stop me, struck me a violent blow on the stomach; the prisoner laid hold of my arm, both d - d me, and bid me stop; and the prisoner immediately snatched my cane; both blasted my eyes, asked me how much money I had, and bid me bundle it out quick; I desired them to behave with civility, and I said they should have my money. I observed a watchman's lanthorn a little way off; I had a mind to save myself from being
<xptr type="pageFacsimile" doc="177209090035"/> pilfored; I had some watches about me on commission; I was unwilling to be robbed of them, so I broke from them, and run into the highway; they jumped upon me, and said, is that your jig? I broke from them and run up the Minories; a person coming up. I told him what had happened to me; he offered to go with me to assist in asking them; we went after them; going up the Minories, we found the prisoner beating a woman with my cane; I got a person to go to the watchman; he brought him; as soon as the prisoner saw me, he burst from the woman; we pursued, and took him, and my cane was found under him broken; ( produced, and deposed to, by the prosecutor.)</p>
<persName id="t17720909-24-person334"> John Mill
<interp inst="t17720909-24-person334" type="surname" value="Mill"/>
<interp inst="t17720909-24-person334" type="given" value="John"/>
<interp inst="t17720909-24-person334" type="gender" value="male"/> </persName> . I am a watchman in the Minories; about this time at night I saw the prisoner and three men in the street; the prisoner had the cane in his hand; one of them took hold of it; the prisoner said, I bought this cane to-day, it is mounted with silver; soon after that, I heard a great uproar in the Minories; the prisoner was beating a woman with this cane; I was told he robbed a gentleman of it; I went up; before I could get to him, he jumped a cross the way to run off; a man threw himself down; in consequence of which, the prisoner fell over him, and the cane was taken upon him.</p>
<p>Jones confirmed this evidence in every particular.</p>
<p>Prisoner's Defence.</p>
<p>The occasion of my having the cane in my hand at all, was, I went down the street; the prosecutor struck me a-cross the shins with the cane; I asked him what he meant by that, snatched it out of his hand, and hove it a-cross the street; a man picked it up, and bid me give it to the watchman; I would not; we walked up the street together, there we met a woman that had taken my money from me, and I beat her with the cane; the watchman came up; the other man had the cane, and I fell down; I am a seaman; I was
<rs id="t17720909-24-deflabel120" type="occupation">born in America</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17720909-24-defend332 t17720909-24-deflabel120"/>; I have no friends here to appear for me.</p>
<rs id="t17720909-24-verdict121" type="verdictDescription">
<interp inst="t17720909-24-verdict121" type="verdictCategory" value="guilty"/> Guilty </rs>.
<rs id="t17720909-24-punish122" type="punishmentDescription">
<interp inst="t17720909-24-punish122" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17720909-24-defend332 t17720909-24-punish122"/> Death </rs>.</p> </div1>
<div1 type="trialAccount" id="t17720909-25">
<interp inst="t17720909-25" type="collection" value="BAILEY"/>
<interp inst="t17720909-25" type="year" value="1772"/>
<interp inst="t17720909-25" type="uri" value="sessionsPapers/17720909"/>
<interp inst="t17720909-25" type="date" value="17720909"/>
<join result="criminalCharge" id="t17720909-25-off123-c280" targOrder="Y" targets="t17720909-25-defend336 t17720909-25-off123 t17720909-25-verdict124"/>
<p>630. (2d. M.)
<persName id="t17720909-25-defend336" type="defendantName"> JOHN CREAMER
<interp inst="t17720909-25-defend336" type="surname" value="CREAMER"/>
<interp inst="t17720909-25-defend336" type="given" value="JOHN"/>
<interp inst="t17720909-25-defend336" type="gender" value="male"/> </persName> was indicted for
<rs id="t17720909-25-off123" type="offenceDescription">
<interp inst="t17720909-25-off123" type="offenceCategory" value="miscellaneous"/>
<interp inst="t17720909-25-off123" type="offenceSubcategory" value="returnFromTransportation"/> returning from transportation before the expiration of his time, for which he was transported </rs>.</p>
<p>(The record of his conviction was read, by which it appears that he was tried in May session 1769. for stealing eight guineas, an half guinea, a quarter guinea, the property of
<persName id="t17720909-25-person337"> John Lothian
<interp inst="t17720909-25-person337" type="surname" value="Lothian"/>
<interp inst="t17720909-25-person337" type="given" value="John"/>
<interp inst="t17720909-25-person337" type="gender" value="male"/> </persName> , in the dwelling-house of
<persName id="t17720909-25-person338"> William Figg
<interp inst="t17720909-25-person338" type="surname" value="Figg"/>
<interp inst="t17720909-25-person338" type="given" value="William"/>
<interp inst="t17720909-25-person338" type="gender" value="male"/> </persName> . for which he was capitally convicted, but afterward's received his Majesty's mercy upon condition of transportation for fourteen years.)</p>
<persName id="t17720909-25-person339"> - Sowerby
<interp inst="t17720909-25-person339" type="surname" value="Sowerby"/>
<interp inst="t17720909-25-person339" type="given" value="-"/>
<interp inst="t17720909-25-person339" type="gender" value="indeterminate"/> </persName> . I know the prisoner; I never knew him until the 26th of July; I found him concealed in my house in Sheer-lane; I asked him his name; he told me it was Warner.</p>
<p>Q. You did not know him before that time?</p>
<p>Sowerby. No.</p>
<persName id="t17720909-25-person340"> Thomas Eaton
<interp inst="t17720909-25-person340" type="surname" value="Eaton"/>
<interp inst="t17720909-25-person340" type="given" value="Thomas"/>
<interp inst="t17720909-25-person340" type="gender" value="male"/> </persName> . I have known the prisoner about five years; I am a carpenter; I kept a publick-house about four years ago; he used my house; I remember his being tried before.</p>
<p>Q. For what?</p>
<p>Eaton. Taking eight guineas, a half guinea, and a quarter guinea, out of the house of Mr. Figg.</p>
<p>Q. Whose money?</p>
<p>Eaton. I have forgot his name.</p>
<p>Q. Was his name Lothian?</p>
<p>Eaton. Yes.</p>
<p>Q. Is this the man that was tried?</p>
<p>Eaton. Yes.</p>