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<xptr type="pageFacsimile" doc="177610160001"/>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 16th of October 1776, and the following Days;
<p>Being the EIGHTH SESSION in the Mayoralty of The Right Honble
<persName id="f17761016-1-person1"> JOHN SAWBRIDGE
<interp inst="f17761016-1-person1" type="surname" value="SAWBRIDGE"/>
<interp inst="f17761016-1-person1" type="given" value="JOHN"/>
<interp inst="f17761016-1-person1" type="gender" value="male"/> </persName> , LORD MAYOR OF THE CITY OF LONDON.</p>
<p>REVISED AND PUBLISHED BY
<persName id="f17761016-1-person2"> JOHN GLYNN
<interp inst="f17761016-1-person2" type="surname" value="GLYNN"/>
<interp inst="f17761016-1-person2" type="given" value="JOHN"/>
<interp inst="f17761016-1-person2" type="gender" value="male"/> </persName> , SERJEANT AT LAW, AND RECORDER OF LONDON.</p>
<p>NUMBER VIII. PART I.</p>
<p>LONDON:</p>
<p>PRINTED BY
<persName id="f17761016-1-person3"> WILLIAM RICHARDSON
<interp inst="f17761016-1-person3" type="surname" value="RICHARDSON"/>
<interp inst="f17761016-1-person3" type="given" value="WILLIAM"/>
<interp inst="f17761016-1-person3" type="gender" value="male"/> </persName> ; AND SOLD BY S. BLADON, in PATER-NOSTER ROW.</p>
<p>[PRICE SIX-PENCE.]</p>
<p>
<xptr type="pageFacsimile" doc="177610160002"/>SAWBRIDGE, MAYOR.</p>
<p>At a Common Council holden in the Chamber of the Guildhall of the City of London on Friday the 17th of November 1775,</p>
<p>A MOTION was made and QUESTION put, That 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, be regularly, as soon as possible after every Session, published by the Recorder, and authenticated with his Name: The same was resolved in the Affirmative.</p>
<p>RIX.</p>
<p>
<xptr type="pageFacsimile" doc="177610160003"/>THE WHOLE PROCEEDINGS UPON THE</p>
<p>KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.</p>
<p>BEFORE the Right Honourable
<persName id="f17761016-1-person4" type="judiciaryName"> JOHN SAWBRIDGE
<interp inst="f17761016-1-person4" type="surname" value="SAWBRIDGE"/>
<interp inst="f17761016-1-person4" type="given" value="JOHN"/>
<interp inst="f17761016-1-person4" type="gender" value="male"/> </persName> , LORD MAYOR of the City of London; the Honourable Sir
<persName id="f17761016-1-person5" type="judiciaryName"> WILLIAM BLACKSTONE
<interp inst="f17761016-1-person5" type="surname" value="BLACKSTONE"/>
<interp inst="f17761016-1-person5" type="given" value="WILLIAM"/>
<interp inst="f17761016-1-person5" type="gender" value="male"/> </persName> , Knight, One of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir
<persName id="f17761016-1-person6" type="judiciaryName"> JAMES EYRE
<interp inst="f17761016-1-person6" type="surname" value="EYRE"/>
<interp inst="f17761016-1-person6" type="given" value="JAMES"/>
<interp inst="f17761016-1-person6" type="gender" value="male"/> </persName> , Knight, One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, 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>London Jury.</p>
<p>
<persName id="f17761016-1-person7" type="jurorName"> John Moore
<interp inst="f17761016-1-person7" type="surname" value="Moore"/>
<interp inst="f17761016-1-person7" type="given" value="John"/>
<interp inst="f17761016-1-person7" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person8" type="jurorName"> Thomas Russell
<interp inst="f17761016-1-person8" type="surname" value="Russell"/>
<interp inst="f17761016-1-person8" type="given" value="Thomas"/>
<interp inst="f17761016-1-person8" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person9" type="jurorName"> William Plumley
<interp inst="f17761016-1-person9" type="surname" value="Plumley"/>
<interp inst="f17761016-1-person9" type="given" value="William"/>
<interp inst="f17761016-1-person9" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person10" type="jurorName"> Matthew Hooper
<interp inst="f17761016-1-person10" type="surname" value="Hooper"/>
<interp inst="f17761016-1-person10" type="given" value="Matthew"/>
<interp inst="f17761016-1-person10" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person11" type="jurorName"> John Cover
<interp inst="f17761016-1-person11" type="surname" value="Cover"/>
<interp inst="f17761016-1-person11" type="given" value="John"/>
<interp inst="f17761016-1-person11" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person12" type="jurorName"> Christopher Southgate
<interp inst="f17761016-1-person12" type="surname" value="Southgate"/>
<interp inst="f17761016-1-person12" type="given" value="Christopher"/>
<interp inst="f17761016-1-person12" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person13" type="jurorName"> John Sartain
<interp inst="f17761016-1-person13" type="surname" value="Sartain"/>
<interp inst="f17761016-1-person13" type="given" value="John"/>
<interp inst="f17761016-1-person13" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person14" type="jurorName"> Richard Eveleigh
<interp inst="f17761016-1-person14" type="surname" value="Eveleigh"/>
<interp inst="f17761016-1-person14" type="given" value="Richard"/>
<interp inst="f17761016-1-person14" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person15" type="jurorName"> Joseph Nesbitt
<interp inst="f17761016-1-person15" type="surname" value="Nesbitt"/>
<interp inst="f17761016-1-person15" type="given" value="Joseph"/>
<interp inst="f17761016-1-person15" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person16" type="jurorName"> John Raymond
<interp inst="f17761016-1-person16" type="surname" value="Raymond"/>
<interp inst="f17761016-1-person16" type="given" value="John"/>
<interp inst="f17761016-1-person16" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person17" type="jurorName"> Hugh Dudley
<interp inst="f17761016-1-person17" type="surname" value="Dudley"/>
<interp inst="f17761016-1-person17" type="given" value="Hugh"/>
<interp inst="f17761016-1-person17" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person18" type="jurorName"> John Seagill
<interp inst="f17761016-1-person18" type="surname" value="Seagill"/>
<interp inst="f17761016-1-person18" type="given" value="John"/>
<interp inst="f17761016-1-person18" type="gender" value="male"/> </persName> .</p>
<p>First Middlesex Jury.</p>
<p>
<persName id="f17761016-1-person19" type="jurorName"> James Hunt
<interp inst="f17761016-1-person19" type="surname" value="Hunt"/>
<interp inst="f17761016-1-person19" type="given" value="James"/>
<interp inst="f17761016-1-person19" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person20" type="jurorName"> John Hammond
<interp inst="f17761016-1-person20" type="surname" value="Hammond"/>
<interp inst="f17761016-1-person20" type="given" value="John"/>
<interp inst="f17761016-1-person20" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person21" type="jurorName"> John Livie
<interp inst="f17761016-1-person21" type="surname" value="Livie"/>
<interp inst="f17761016-1-person21" type="given" value="John"/>
<interp inst="f17761016-1-person21" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person22" type="jurorName"> Christopher Horner
<interp inst="f17761016-1-person22" type="surname" value="Horner"/>
<interp inst="f17761016-1-person22" type="given" value="Christopher"/>
<interp inst="f17761016-1-person22" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person23" type="jurorName"> Thomas Bradshaw
<interp inst="f17761016-1-person23" type="surname" value="Bradshaw"/>
<interp inst="f17761016-1-person23" type="given" value="Thomas"/>
<interp inst="f17761016-1-person23" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person24" type="jurorName"> Edmund Kitchin
<interp inst="f17761016-1-person24" type="surname" value="Kitchin"/>
<interp inst="f17761016-1-person24" type="given" value="Edmund"/>
<interp inst="f17761016-1-person24" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person25" type="jurorName"> Joseph Brown
<interp inst="f17761016-1-person25" type="surname" value="Brown"/>
<interp inst="f17761016-1-person25" type="given" value="Joseph"/>
<interp inst="f17761016-1-person25" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person26" type="jurorName"> John Glover
<interp inst="f17761016-1-person26" type="surname" value="Glover"/>
<interp inst="f17761016-1-person26" type="given" value="John"/>
<interp inst="f17761016-1-person26" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person27" type="jurorName"> Ralph Cleghorne
<interp inst="f17761016-1-person27" type="surname" value="Cleghorne"/>
<interp inst="f17761016-1-person27" type="given" value="Ralph"/>
<interp inst="f17761016-1-person27" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person28" type="jurorName"> John Heymour
<interp inst="f17761016-1-person28" type="surname" value="Heymour"/>
<interp inst="f17761016-1-person28" type="given" value="John"/>
<interp inst="f17761016-1-person28" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person29" type="jurorName"> George Clavering
<interp inst="f17761016-1-person29" type="surname" value="Clavering"/>
<interp inst="f17761016-1-person29" type="given" value="George"/>
<interp inst="f17761016-1-person29" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person30" type="jurorName"> Graveley Seaborn
<interp inst="f17761016-1-person30" type="surname" value="Seaborn"/>
<interp inst="f17761016-1-person30" type="given" value="Graveley"/>
<interp inst="f17761016-1-person30" type="gender" value="male"/> </persName> .</p>
<p>Second Middlesex Jury.</p>
<p>
<persName id="f17761016-1-person31" type="jurorName"> William Jones
<interp inst="f17761016-1-person31" type="surname" value="Jones"/>
<interp inst="f17761016-1-person31" type="given" value="William"/>
<interp inst="f17761016-1-person31" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person32" type="jurorName"> Stephen Beck
<interp inst="f17761016-1-person32" type="surname" value="Beck"/>
<interp inst="f17761016-1-person32" type="given" value="Stephen"/>
<interp inst="f17761016-1-person32" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person33" type="jurorName"> John Freeman
<interp inst="f17761016-1-person33" type="surname" value="Freeman"/>
<interp inst="f17761016-1-person33" type="given" value="John"/>
<interp inst="f17761016-1-person33" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person34" type="jurorName"> Christopher Woodham
<interp inst="f17761016-1-person34" type="surname" value="Woodham"/>
<interp inst="f17761016-1-person34" type="given" value="Christopher"/>
<interp inst="f17761016-1-person34" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person35" type="jurorName"> Francis Holman
<interp inst="f17761016-1-person35" type="surname" value="Holman"/>
<interp inst="f17761016-1-person35" type="given" value="Francis"/>
<interp inst="f17761016-1-person35" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person36" type="jurorName"> William Handy
<interp inst="f17761016-1-person36" type="surname" value="Handy"/>
<interp inst="f17761016-1-person36" type="given" value="William"/>
<interp inst="f17761016-1-person36" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person37" type="jurorName"> James Steward
<interp inst="f17761016-1-person37" type="surname" value="Steward"/>
<interp inst="f17761016-1-person37" type="given" value="James"/>
<interp inst="f17761016-1-person37" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person38" type="jurorName"> Francis Ewer
<interp inst="f17761016-1-person38" type="surname" value="Ewer"/>
<interp inst="f17761016-1-person38" type="given" value="Francis"/>
<interp inst="f17761016-1-person38" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person39" type="jurorName"> John Davis
<interp inst="f17761016-1-person39" type="surname" value="Davis"/>
<interp inst="f17761016-1-person39" type="given" value="John"/>
<interp inst="f17761016-1-person39" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person40" type="jurorName"> William Kline
<interp inst="f17761016-1-person40" type="surname" value="Kline"/>
<interp inst="f17761016-1-person40" type="given" value="William"/>
<interp inst="f17761016-1-person40" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person41" type="jurorName"> James Crombie
<interp inst="f17761016-1-person41" type="surname" value="Crombie"/>
<interp inst="f17761016-1-person41" type="given" value="James"/>
<interp inst="f17761016-1-person41" type="gender" value="male"/> </persName> ,</p>
<p>
<persName id="f17761016-1-person42" type="jurorName"> James Wheeler
<interp inst="f17761016-1-person42" type="surname" value="Wheeler"/>
<interp inst="f17761016-1-person42" type="given" value="James"/>
<interp inst="f17761016-1-person42" type="gender" value="male"/> </persName> .</p> </div1>
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<p>729.
<persName id="t17761016-1-defend44" type="defendantName"> JOHN KNOWLAND
<interp inst="t17761016-1-defend44" type="surname" value="KNOWLAND"/>
<interp inst="t17761016-1-defend44" type="given" value="JOHN"/>
<interp inst="t17761016-1-defend44" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17761016-1-off1" type="offenceCategory" value="theft"/>
<interp inst="t17761016-1-off1" type="offenceSubcategory" value="grandLarceny"/> stealing a dimity child's robe, value 15 s. a robe blanket, value 7 s. two linen aprons, value 1 s. a silk cloak, value 17 s. a muslin cap, value 3 s. a pair of linen sleeves, value 1 s. six linen shirts, value 20 s. and a silk handkerchief, value 4 s. </rs> the property of
<persName id="t17761016-1-victim46" type="victimName"> Joseph Peach
<interp inst="t17761016-1-victim46" type="surname" value="Peach"/>
<interp inst="t17761016-1-victim46" type="given" value="Joseph"/>
<interp inst="t17761016-1-victim46" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-1-off1 t17761016-1-victim46"/> </persName> ,
<rs id="t17761016-1-cd2" type="crimeDate">October 3d</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-1-off1 t17761016-1-cd2"/>.</p>
<p>
<persName id="t17761016-1-person47"> JOSEPH PEACH
<interp inst="t17761016-1-person47" type="surname" value="PEACH"/>
<interp inst="t17761016-1-person47" type="given" value="JOSEPH"/>
<interp inst="t17761016-1-person47" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
<rs id="t17761016-1-viclabel3" type="occupation">coachmaker</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-1-victim46 t17761016-1-viclabel3"/> in the neighbourhood
<xptr type="pageFacsimile" doc="177610160004"/> of Bloomsbury: the bundle containing the things mentioned in the indictment was in the Richmond stage, in which my wife came to town on last Wednesday was se'nnight.</p>
<p>
<persName id="t17761016-1-person48"> FRANCES PEACH
<interp inst="t17761016-1-person48" type="surname" value="PEACH"/>
<interp inst="t17761016-1-person48" type="given" value="FRANCES"/>
<interp inst="t17761016-1-person48" type="gender" value="female"/> </persName> sworn.</p>
<p>When I came to the
<placeName id="t17761016-1-crimeloc4">Elephant and Castle</placeName>
<interp inst="t17761016-1-crimeloc4" type="placeName" value="Elephant and Castle"/>
<interp inst="t17761016-1-crimeloc4" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-1-off1 t17761016-1-crimeloc4"/> where the stage put up, I desired the coachman to bring my bundle out of the coach; he did something else in the mean time; when he came to look for my bundle; it was gone: on the Friday morning following I received information that the bundle was found; I went to the beadle, in whose hands I found all the things mentioned in the indictment (repeating them) which are part of the things contained in that bundle; some few others were not found.</p>
<p>
<persName id="t17761016-1-person49"> JOHN ANSELL
<interp inst="t17761016-1-person49" type="surname" value="ANSELL"/>
<interp inst="t17761016-1-person49" type="given" value="JOHN"/>
<interp inst="t17761016-1-person49" type="gender" value="male"/> </persName> Sworn.</p>
<p>I am the coachman that drives the Richmond stage: the bundle was taken away by somebody while I was carrying some boxes into the yard; I saw it in the coach just before; I was informed by one
<persName id="t17761016-1-person50"> Thomas Bird
<interp inst="t17761016-1-person50" type="surname" value="Bird"/>
<interp inst="t17761016-1-person50" type="given" value="Thomas"/>
<interp inst="t17761016-1-person50" type="gender" value="male"/> </persName> that the prisoner had brought some things to his wife on the day before; I sent for Mrs. Peach; she claimed them, and the prisoner was taken into custody; he was asked where the rest of things were? he asked leave to fetch them; they would not let him go; he asked if his master might; upon that the prisoner, I, and Ruddick went together to the loft where the prisoner slept, for he was my
<rs id="t17761016-1-deflabel5" type="occupation">horsekeeper</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-1-defend44 t17761016-1-deflabel5"/>; the prisoner took from under the sacks in the loft, first the sarsenet cloak, and then the several parcels of other things, and a parcel of childbed linen that was in a little box.</p>
<p>[They were produced in Court, and deposed to by Mrs. Peach.]</p>
<p>'
<persName id="t17761016-1-person51"> THOMAS RUDDICK
<interp inst="t17761016-1-person51" type="surname" value="RUDDICK"/>
<interp inst="t17761016-1-person51" type="given" value="THOMAS"/>
<interp inst="t17761016-1-person51" type="gender" value="male"/> </persName> gave the same account</p>
<p>'of finding the things.'</p>
<p>
<persName id="t17761016-1-person52"> SUSANNAH BROAD
<interp inst="t17761016-1-person52" type="surname" value="BROAD"/>
<interp inst="t17761016-1-person52" type="given" value="SUSANNAH"/>
<interp inst="t17761016-1-person52" type="gender" value="female"/> </persName> sworn.</p>
<p>On the Thursday the prisoner came to my apartment and told me he had some things to wash, and he wanted to have some money upon them, for he said he had spent some money his master had given him to buy provisions for his horses against they came in; he produced two bed gowns and the linen robes; I did not like the appearance of them; I said they did not want washing, and was unwilling to have any thing to do with them, but at his earnest persuasion I did let him have some money to buy the horse-meat against the stage came in; I heard the next day that the prosecutrix had lost a bundle; I told my husband of it, and he told Ansell, and so the things were found.</p>
<p>PRISONER's DEFENCE.</p>
<p>I found this bundle in the yard just by the cistern; it lay in the open stable all day.</p>
<p>
<rs id="t17761016-1-verdict6" type="verdictDescription">
<interp inst="t17761016-1-verdict6" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron EYRE.</p>
<p>
<rs id="t17761016-1-punish7" type="punishmentDescription">
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<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>730.
<persName id="t17761016-2-defend54" type="defendantName"> MARY SMITH
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<interp inst="t17761016-2-defend54" type="given" value="MARY"/>
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<interp inst="t17761016-2-off9" type="offenceCategory" value="theft"/>
<interp inst="t17761016-2-off9" type="offenceSubcategory" value="grandLarceny"/> stealing a linen gown, value 10 s. </rs> the property of
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<interp inst="t17761016-2-victim56" type="surname" value="Cantel"/>
<interp inst="t17761016-2-victim56" type="given" value="Jane"/>
<interp inst="t17761016-2-victim56" type="gender" value="female"/>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-2-off9 t17761016-2-cd10"/>.</p>
<p>'The gown was stolen in the night when</p>
<p>'the prosecutrix was in bed; there were</p>
<p>'several persons in the room; it was dark;</p>
<p>'and there was not any evidence produced to</p>
<p>'fix the charge upon the prisoner.'</p>
<p>
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<interp inst="t17761016-2-verdict11" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron EYRE.</p> </div1>
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<interp inst="t17761016-3" type="collection" value="BAILEY"/>
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<p>731.
<persName id="t17761016-3-defend58" type="defendantName"> CHARLES JOHNSON
<interp inst="t17761016-3-defend58" type="surname" value="JOHNSON"/>
<interp inst="t17761016-3-defend58" type="given" value="CHARLES"/>
<interp inst="t17761016-3-defend58" type="gender" value="male"/> </persName> was indicted for
<rs id="t17761016-3-off12" type="offenceDescription">
<interp inst="t17761016-3-off12" type="offenceCategory" value="theft"/>
<interp inst="t17761016-3-off12" type="offenceSubcategory" value="grandLarceny"/> stealing a piece of woollen cloth, containing four yards and a half, value 4 l. </rs> the property of
<persName id="t17761016-3-victim60" type="victimName"> John Knight
<interp inst="t17761016-3-victim60" type="surname" value="Knight"/>
<interp inst="t17761016-3-victim60" type="given" value="John"/>
<interp inst="t17761016-3-victim60" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-3-off12 t17761016-3-victim60"/> </persName> ,
<rs id="t17761016-3-cd13" type="crimeDate">September 28th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-3-off12 t17761016-3-cd13"/>.</p>
<p>
<persName id="t17761016-3-person61"> WILLIAM WARBURTON
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<interp inst="t17761016-3-person61" type="given" value="WILLIAM"/>
<interp inst="t17761016-3-person61" type="gender" value="male"/> </persName> sworn.</p>
<p>I am servant to Mr. Knight, who is a
<rs id="t17761016-3-viclabel14" type="occupation">woollen-draper</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-3-victim60 t17761016-3-viclabel14"/>; I saw the prisoner go out of the shop on the 28th of September about eight in the morning; from his manner I supposed he had been delivering a hand bill; I looked to see if there was a hand bill on the compter, but seeing none, I rather suspected him; I stepped forward and saw him about three doors off; I did not observe that he had any thing about him; he walked on; when he was got almost out of sight he turned about, and catching my eye he ran; I then suspected that he had stole something; I turned
<xptr type="pageFacsimile" doc="177610160005"/> back to the shop, and in a moment I missed the cloth; upon which I pursued the prisoner; I saw him drop the cloth; I picked it up and continued to pursue him till I secured him; there was a bag taken on him; I presume the cloth was in that bag at the time I looked at him and did not see it under his arm.</p>
<p>PRISONER's DEFENCE.</p>
<p>I was not in the shop; I had occasion to go to the place where I was taken; I know nothing of the cloth.</p>
<p>
<rs id="t17761016-3-verdict15" type="verdictDescription">
<interp inst="t17761016-3-verdict15" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron EYRE.</p>
<p>
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<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>732.
<persName id="t17761016-4-defend63" type="defendantName"> PATRICK KNOWLAND
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<interp inst="t17761016-4-defend63" type="given" value="PATRICK"/>
<interp inst="t17761016-4-defend63" type="gender" value="male"/> </persName> was indicted for that he,
<rs id="t17761016-4-off17" type="offenceDescription">
<interp inst="t17761016-4-off17" type="offenceCategory" value="violentTheft"/>
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<persName id="t17761016-4-person64"> George Needham
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<interp inst="t17761016-4-person64" type="given" value="George"/>
<interp inst="t17761016-4-person64" type="gender" value="male"/> </persName> feloniously did make an assault, with a felonious intent the monies of the said George to steal, take, and carry away </rs>, against the statute,
<rs id="t17761016-4-cd18" type="crimeDate">September 21st</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-4-off17 t17761016-4-cd18"/>.</p>
<p>(The witnesses were examined apart at the request of the prisoner.)</p>
<p>
<persName id="t17761016-4-victim66" type="victimName"> GEORGE NEEDHAM
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<join result="offenceVictim" targOrder="Y" targets="t17761016-4-off17 t17761016-4-victim66"/> </persName> sworn.</p>
<p>Upon the 21st of September, at about seven at night, I was going with my wife in a one-horse chaise from
<placeName id="t17761016-4-crimeloc19">Islington</placeName>
<interp inst="t17761016-4-crimeloc19" type="placeName" value="Islington"/>
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<join result="offencePlace" targOrder="Y" targets="t17761016-4-off17 t17761016-4-crimeloc19"/> towards
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<join result="offencePlace" targOrder="Y" targets="t17761016-4-off17 t17761016-4-crimeloc20"/> ; the prisoner, and there was indeed another man, but that man did not trouble his head about it; the prisoner jumped off the causeway, laid hold of my horse's reins, and said several times, D - n your blood, stop: I would not stop; upon which the prisoner cut at me several times with a hanger which he had in his hand; he missed me, but cut my chaise in several places; I told him I would not be robbed, but still he continued cutting at me, and I kept hitting him with my whip; he cried out, Stop, d - n you, what would you be at? I drove off to a public house; I was not much afraid of him; I told the people at the house what had happened; the master of the public house and another man or two went out, and in about ten minutes they brought the prisoner to the public house; I was certain as to his identity immediately; I am certain to his person; it was not dark when he stopped me, it was only dusk.</p>
<p>From the Prisoner. Whether I was not in liquor? - Not at all.</p>
<p>Did not you attempt to run over me? - Yes, I did, and would run over any man that should attempt to rob me; but that was not till the prisoner laid hold of my bridle.</p>
<p>
<persName id="t17761016-4-person67"> JOHN GREEN
<interp inst="t17761016-4-person67" type="surname" value="GREEN"/>
<interp inst="t17761016-4-person67" type="given" value="JOHN"/>
<interp inst="t17761016-4-person67" type="gender" value="male"/> </persName> sworn.</p>
<p>I stopped at Mr. Bodwick's: Mr. Needham came up and said he had been stopped; myself and some others went in pursuit of the man; the prisoner was secured on suspicion; his breeches were unbuttoned when he was taken ; he said he was very bad with the venereal disease; Mr. Needham was positive to him the moment he saw him, the prisoner had not any arms about him.</p>
<p>HATRED BONNECK sworn.</p>
<p>I keep a public house at Holloway: Mr. Needham came up to my house and called for assistance; he told us of the attempt that had been made to rob him; we went out and took the prisoner; after we had taken him to my house Green jumped off his horse, and pushed him into the house; he had not any money about him; when we first attempted to take him he went aside into the grass; I believe that he dropped a cutlass at that time, for on the very spot where we took him, there was found the next morning this cutlass (producing it); the prisoner was very sober; he offered to give me five guineas if I would let him go; he said that he and his friends would make it six, that they would spend half a guinea a piece at my house; I refused his offer, and took him before Sir
<persName id="t17761016-4-person68"> John Fielding
<interp inst="t17761016-4-person68" type="surname" value="Fielding"/>
<interp inst="t17761016-4-person68" type="given" value="John"/>
<interp inst="t17761016-4-person68" type="gender" value="male"/> </persName> .</p>
<p>PRISONER's DEFENCE.</p>
<p>I was sent by my master, whose name I forget, with a letter to Highgate; there I got in liquor; I had no intention to rob the prosecutor; I fell off the causeway and had like to have been run over, if I had not called out to him to stop.</p>
<p>
<rs id="t17761016-4-verdict21" type="verdictDescription">
<interp inst="t17761016-4-verdict21" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.</p>
<p>
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<note>[No punishment. See summary.]</note> </rs> </p> </div1>
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<p>
<xptr type="pageFacsimile" doc="177610160006"/>733.
<persName id="t17761016-5-defend70" type="defendantName"> ANN ROGERS
<interp inst="t17761016-5-defend70" type="surname" value="ROGERS"/>
<interp inst="t17761016-5-defend70" type="given" value="ANN"/>
<interp inst="t17761016-5-defend70" type="gender" value="female"/> </persName> ,
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<join result="persNameOccupation" targOrder="Y" targets="t17761016-5-defend70 t17761016-5-deflabel23"/>, was indicted for
<rs id="t17761016-5-off24" type="offenceDescription">
<interp inst="t17761016-5-off24" type="offenceCategory" value="theft"/>
<interp inst="t17761016-5-off24" type="offenceSubcategory" value="theftFromPlace"/> stealing four silver tea spoons, value 4 s. and a linen table cloth, value 18 d. the property of
<persName id="t17761016-5-person71"> William Miller
<interp inst="t17761016-5-person71" type="surname" value="Miller"/>
<interp inst="t17761016-5-person71" type="given" value="William"/>
<interp inst="t17761016-5-person71" type="gender" value="male"/> </persName> ; two black sattin cloaks, value 7 s. two gauze handkerchiefs, value 4 s. two cloth aprons, value 6 s. a white petticoat, value 1 s. two muslin handkerchiefs, value 5 s. two pair of shift sleeves, value 1 s. 6 d. a pair of cotton stockings, value 1 s. 6 d. a pair of worsted stockings, value 2 s. a laced cap, value 1 s. a night-cap, value 6 d. a muslin apron, value 1 s. a cap trimmed with white ribands, value 3 s. a linen gown, value 6 s. a pair of muslin ruffles, value 5 s. a green silk handkerchief, value 2 s. a fan, value 2 s. a silk gown, value 3 l. a black russel petticoat, value 20 s. a white flannel under petticoat, value 1 s. a linen shift, value 2 s. 6 d. a pair of womens stuff shoes, value 4 s. a pair of cotton stockings, value 2 s. a lawn apron, value 1 s. 6 d. a pair of stays, value 2 s. a muslin handkerchief, value 1 s. a laced cap, value 2 s. a black sattin hat, value 5 s. a pair of shift sleeves, value 1 s. 6 d. two linen handkerchiefs, value 2 s. and a white sarsenet cloak, value 12 s. the property of
<persName id="t17761016-5-person72"> Martha Stokes
<interp inst="t17761016-5-person72" type="surname" value="Stokes"/>
<interp inst="t17761016-5-person72" type="given" value="Martha"/>
<interp inst="t17761016-5-person72" type="gender" value="female"/> </persName> in the dwelling house of
<persName id="t17761016-5-person73"> William Miller
<interp inst="t17761016-5-person73" type="surname" value="Miller"/>
<interp inst="t17761016-5-person73" type="given" value="William"/>
<interp inst="t17761016-5-person73" type="gender" value="male"/> </persName> </rs>,
<rs id="t17761016-5-cd25" type="crimeDate">September 25th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-5-off24 t17761016-5-cd25"/>.</p>
<p>
<persName id="t17761016-5-victim75" type="victimName"> WILLIAM MILLER
<interp inst="t17761016-5-victim75" type="surname" value="MILLER"/>
<interp inst="t17761016-5-victim75" type="given" value="WILLIAM"/>
<interp inst="t17761016-5-victim75" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in the parish of
<placeName id="t17761016-5-crimeloc26">St. Luke, Old-street</placeName>
<interp inst="t17761016-5-crimeloc26" type="placeName" value="St. Luke, Old-street"/>
<interp inst="t17761016-5-crimeloc26" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-5-off24 t17761016-5-crimeloc26"/>, and am one of the
<rs id="t17761016-5-viclabel27" type="occupation">city marshal</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-5-victim75 t17761016-5-viclabel27"/>s: on the 9th of September last the prisoner was taken up in Cornhill as a
<rs id="t17761016-5-deflabel28" type="occupation">vagrant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-5-defend70 t17761016-5-deflabel28"/>; she was carried before my lord mayor the next morning; she then said that she was born at sea, and was quite destitute; she told so moving a story, that my lord mayor was much touched with compassion at her unfortunate situation, and recommended her to be sent to the Magdalen Hospital, and a gentleman, who is a brewer, wrote a recommendatory letter for her to be sent there; with a view to keep her out of bad company, I gave her her board; as I understood she worked well at her needle, I got my servant to put her to some needle-work; she came on Saturday, on Monday and Tuesday she performed her business well, and told a good story in her own behalf; she indeed appeared to be an industrious, modest woman, bating, that she had fallen into some misfortunes, and been connected with bad company; on the Wednesday she came again; at all these times, my servant,
<persName id="t17761016-5-person76"> Martha Stokes
<interp inst="t17761016-5-person76" type="surname" value="Stokes"/>
<interp inst="t17761016-5-person76" type="given" value="Martha"/>
<interp inst="t17761016-5-person76" type="gender" value="female"/> </persName> , set her to work; my
<rs id="t17761016-5-viclabel29" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-5-victim80 t17761016-5-viclabel29"/> wanting to go out on Wednesday afternoon, consulted me whether she might safely leave the prisoner in the house, while she was out; the prisoner's behaviour had been such that I consented she should leave her there; I went out before the servant, and left this girl in the house; I told my servant to lock up the drawers; I returned home in the dusk of the evening; as I was crossing my garden, which is before the house, I met
<persName id="t17761016-5-person77"> Martha Stokes
<interp inst="t17761016-5-person77" type="surname" value="Stokes"/>
<interp inst="t17761016-5-person77" type="given" value="Martha"/>
<interp inst="t17761016-5-person77" type="gender" value="female"/> </persName> in a great fright, she told me she was afraid the house had been robbed, for the prisoner was missing: we went into the house and went up stairs, we found her bedchamber door broke open, and the kitchen tongs lay by the door, and all the wearing apparel was taken out that is mentioned in the indictment: during the course of the prisoner's being at my house, the maid and I had frequently talked with her about her course of life; she told us that she had been taken to a house on Saffron-hill; I thought we might get some intelligence of her at that house;
<persName id="t17761016-5-person78"> Martha Stokes
<interp inst="t17761016-5-person78" type="surname" value="Stokes"/>
<interp inst="t17761016-5-person78" type="given" value="Martha"/>
<interp inst="t17761016-5-person78" type="gender" value="female"/> </persName> and I went to this house to see if we could get any intelligence of the prisoner; we could get no particular account of her there, but we were referred to the White Horse ale house just by Holborn-bars ; we went there, and in a quarter of an hour after we had been there, the prisoner came in dressed out in all the wearing apparel of my servant; we seized her and took her to the Compter.</p>
<p>
<persName id="t17761016-5-victim80" type="victimName"> MARTHA STOKES
<interp inst="t17761016-5-victim80" type="surname" value="STOKES"/>
<interp inst="t17761016-5-victim80" type="given" value="MARTHA"/>
<interp inst="t17761016-5-victim80" type="gender" value="female"/> </persName> sworn.</p>
<p>The prisoner came to our house, and worked on the Friday, Saturday, Monday, Tuesday, and Wednesday; on Wednesday, by my master's leave, I left her there; about four in the afternoon, having occasion to go out, I locked up the drawers and left her at work in the kitchen; I was absent about two hours; Mr. Miller went out before me; I came home about half past six, it was then about dusk; I was surprized to find the kitchen empty, with neither fire nor candle; I ran across the garden and met my master; I told him what I had observed; I lit a candle and went up stairs; I found the lock of my chamber broke, and missed out of the drawers all the things that are mentioned in the indictment to be my property: my master and I went to a house
<xptr type="pageFacsimile" doc="177610160007"/> on Saffron-hill, from thence we were directed to the White Horse, we had not been there long before Mr. Miller brought the prisoner into the back room dressed up in all these cloaths; she was carried to the Compter, she had there her own rags sent to her and was stripped of my cloaths; she had left her own cloaths in Mr. Miller's house.</p>
<p>PRISONER's DEFENCE.</p>
<p>Mr. Miller gave me orders to do this, and he appointed to meet me that evening at the White Horse.</p>
<p>
<rs id="t17761016-5-verdict30" type="verdictDescription">
<interp inst="t17761016-5-verdict30" type="verdictCategory" value="guilty"/>
<interp inst="t17761016-5-verdict30" type="verdictSubcategory" value="theftunder40s"/> GUILTY of stealing to the value of 39 s. </rs> </p>
<p>Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="t17761016-5-defend70 t17761016-5-punish31"/>
<note>[Branding. See summary.]</note> </rs> </p>
<p>
<rs id="t17761016-5-punish32" type="punishmentDescription">
<interp inst="t17761016-5-punish32" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-5-defend70 t17761016-5-punish32"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>734.
<persName id="t17761016-6-defend81" type="defendantName"> SARAH the
<rs id="t17761016-6-deflabel33" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-6-defend81 t17761016-6-deflabel33"/>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-6-person82 t17761016-6-deflabel33"/> of
<persName id="t17761016-6-person82" type="defendantName"> John DUCK
<interp inst="t17761016-6-person82" type="surname" value="DUCK"/>
<interp inst="t17761016-6-person82" type="given" value="John"/>
<interp inst="t17761016-6-person82" type="gender" value="male"/> </persName>
<interp inst="t17761016-6-defend81" type="surname" value="the"/>
<interp inst="t17761016-6-defend81" type="given" value="SARAH"/>
<interp inst="t17761016-6-defend81" type="gender" value="female"/> </persName> was indicted for
<rs id="t17761016-6-off34" type="offenceDescription">
<interp inst="t17761016-6-off34" type="offenceCategory" value="theft"/>
<interp inst="t17761016-6-off34" type="offenceSubcategory" value="theftFromPlace"/> stealing a pair of silver salts, value 15 s. a silver pepper-box, value 15 s. a silver watch, value 30 s. a steel watch chain, value 2 d. a base metal watch chain, value 1 d. two large silver table spoons, value 20 s. a silver cream pot, value 15 s. six silver tea spoons, value 6 s. a pair of silver tea tongs, value 5 s. a silver tea strainer, value 2 s. a shagreen case, value 6 d. a silver punch ladle with a wooden handle, value 5 s. and a pair of linen sheets, value 10 s. the property of
<persName id="t17761016-6-person83"> Mary Hawkes
<interp inst="t17761016-6-person83" type="surname" value="Hawkes"/>
<interp inst="t17761016-6-person83" type="given" value="Mary"/>
<interp inst="t17761016-6-person83" type="gender" value="female"/> </persName> ,
<rs id="t17761016-6-viclabel35" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-6-victim85 t17761016-6-viclabel35"/>, in the dwelling house of the said Mary </rs>,
<rs id="t17761016-6-cd36" type="crimeDate">June 27th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-6-off34 t17761016-6-cd36"/>.</p>
<p>
<persName id="t17761016-6-victim85" type="victimName"> MARY HAWKES
<interp inst="t17761016-6-victim85" type="surname" value="HAWKES"/>
<interp inst="t17761016-6-victim85" type="given" value="MARY"/>
<interp inst="t17761016-6-victim85" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-6-off34 t17761016-6-victim85"/> </persName> sworn.</p>
<p>At the time this fact was committed, I
<rs id="t17761016-6-viclabel37" type="occupation">kept the
<placeName id="t17761016-6-crimeloc38">Barley Mow, a public house in the Strand</placeName>
<interp inst="t17761016-6-crimeloc38" type="placeName" value="Barley Mow, a public house in the Strand"/>
<interp inst="t17761016-6-crimeloc38" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-6-off34 t17761016-6-crimeloc38"/> </rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-6-victim85 t17761016-6-viclabel37"/>, the prisoner was then my
<rs id="t17761016-6-deflabel39" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-6-defend81 t17761016-6-deflabel39"/>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-6-person82 t17761016-6-deflabel39"/>; on the 7th of June, I left the door that is between my room and the prisoner's open; the prisoner went up stairs as usual to put on her cap before she went out for pots, I suppose she had by that means access to my room; she came down and went out as usual to collect the pots; she did not return again; I went up stairs to change half a guinea for a customer, and then found that all these things which were upon the mantle-piece in my room, except the watch, which was in another place in the room, were all missing; her not coming back made me suspect she had stole them; I saw her no more till about three weeks ago, she then denied every thing; at last I coaxed her out of it, by saying if she would tell where the things were I would let her go; she then said she had pawned some of the things at Mr. Dixon's, and others she had sold to a Jew.</p>
<p>COURT. You must not give her confession so improperly obtained in evidence.</p>
<p>HAWKES. I went to Mr. Dixon's, and there I found some of my property.</p>
<p>
<persName id="t17761016-6-person86"> HENRY DIXON
<interp inst="t17761016-6-person86" type="surname" value="DIXON"/>
<interp inst="t17761016-6-person86" type="given" value="HENRY"/>
<interp inst="t17761016-6-person86" type="gender" value="male"/> </persName> sworn.</p>
<p>The prisoner pledged with me on the 27th of June, a watch, a pair of salts, and a pepper caster in her own name; she was dressed in mourning; she represented herself as a widow, and said that these things were her husband's, and that she was in distress; I had no suspicion of her.</p>
<p>PRISONER's DEFENCE.</p>
<p>The prosecutrix made a promise that if I would confess where I had disposed of the things she would not hurt me.</p>
<p>
<rs id="t17761016-6-verdict40" type="verdictDescription">
<interp inst="t17761016-6-verdict40" type="verdictCategory" value="guilty"/>
<interp inst="t17761016-6-verdict40" type="verdictSubcategory" value="theftunder40s"/> GUILTY of stealing to the value of 39 s. </rs> </p>
<p>Tried by the First Middlesex Jury before Mr. Baron EYRE.</p>
<p>
<rs id="t17761016-6-punish41" type="punishmentDescription">
<interp inst="t17761016-6-punish41" type="punishmentCategory" value="miscPunish"/>
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<note>[Branding. See summary.]</note> </rs> </p>
<p>
<rs id="t17761016-6-punish42" type="punishmentDescription">
<interp inst="t17761016-6-punish42" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="t17761016-6-person82 t17761016-6-punish42"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>735.
<persName id="t17761016-7-defend88" type="defendantName"> RICHARD RIDOUT
<interp inst="t17761016-7-defend88" type="surname" value="RIDOUT"/>
<interp inst="t17761016-7-defend88" type="given" value="RICHARD"/>
<interp inst="t17761016-7-defend88" type="gender" value="male"/> </persName> was indicted for that he
<rs id="t17761016-7-off43" type="offenceDescription">
<interp inst="t17761016-7-off43" type="offenceCategory" value="violentTheft"/>
<interp inst="t17761016-7-off43" type="offenceSubcategory" value="highwayRobbery"/> in the king's highway in and upon
<persName id="t17761016-7-person89"> Joseph Hardyman
<interp inst="t17761016-7-person89" type="surname" value="Hardyman"/>
<interp inst="t17761016-7-person89" type="given" value="Joseph"/>
<interp inst="t17761016-7-person89" type="gender" value="male"/> </persName> feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a half crown, the property of the said Joseph </rs>,
<rs id="t17761016-7-cd44" type="crimeDate">September 14th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-7-off43 t17761016-7-cd44"/>.</p>
<p>
<persName id="t17761016-7-victim91" type="victimName"> JOSEPH HARDYMAN
<interp inst="t17761016-7-victim91" type="surname" value="HARDYMAN"/>
<interp inst="t17761016-7-victim91" type="given" value="JOSEPH"/>
<interp inst="t17761016-7-victim91" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-7-off43 t17761016-7-victim91"/> </persName> sworn.</p>
<p>Upon the 14th of September about nine in the evening, as two men, myself, and three women, were coming thro'
<placeName id="t17761016-7-crimeloc45">Park-lane</placeName>
<interp inst="t17761016-7-crimeloc45" type="placeName" value="Park-lane"/>
<interp inst="t17761016-7-crimeloc45" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-7-off43 t17761016-7-crimeloc45"/> to town in a Hackney-coach, the coach was stopped by the prisoner and another person; the prisoner demanded my money, he came on my side, I sat forward next to the window, I gave him a half crown, then some of the company bid the coach drive on, I opened the door, jumped out and immediately pursued the prisoner; I called stop thief, and one of lord Essex's servants tripped the prisoner's heels up as he ran; he was not once out of my sight from the time the robbery was committed to the time he was taken; he turned out of Park-lane into
<xptr type="pageFacsimile" doc="177610160008"/> Stanhope-street, but I was so close to him that he was in my sight all the way; when we got him to the watch-house he was searched, in his pocket was found the identical half crown that I lost, it has two file marks upon the reverse of it, by which I can swear to it, though I cannot say in whose reign it was coined; I did not see that they had any weapon, but I saw something in the prisoner's hand; they said, D - n you, your money; the prisoner said, Blast your bloody eyes, if you don't deliver we will blow your brains out; the prisoner called to the other man and bid him blow our brains out.</p>
<p>'
<persName id="t17761016-7-person92"> JAMES MURRAY
<interp inst="t17761016-7-person92" type="surname" value="MURRAY"/>
<interp inst="t17761016-7-person92" type="given" value="JAMES"/>
<interp inst="t17761016-7-person92" type="gender" value="male"/> </persName> confirmed
<persName id="t17761016-7-person93"> Joseph Hardyman
<interp inst="t17761016-7-person93" type="surname" value="Hardyman"/>
<interp inst="t17761016-7-person93" type="given" value="Joseph"/>
<interp inst="t17761016-7-person93" type="gender" value="male"/> </persName> </p>
<p>'as to the general circumstances of the</p>
<p>'robbery: That he saw Hardyman deliver a</p>
<p>'half crown to the robber; that himself and</p>
<p>'the other man in the coach refused to be</p>
<p>'robbed; that the two robbers finding they</p>
<p>'could get no more bid the coach drive on;</p>
<p>'that they pursued and took the prisoner;</p>
<p>'that they held his hands; that the prisoner</p>
<p>'denied having any half crown about him,</p>
<p>'and when he came to the watch-house he</p>
<p>'pulled out a few buttons and things of that</p>
<p>'kind, and said he had nothing more, but</p>
<p>'upon searching him the half crown was found</p>
<p>'upon him.'</p>
<p>
<persName id="t17761016-7-person94"> THOMAS DYER
<interp inst="t17761016-7-person94" type="surname" value="DYER"/>
<interp inst="t17761016-7-person94" type="given" value="THOMAS"/>
<interp inst="t17761016-7-person94" type="gender" value="male"/> </persName> sworn.</p>
<p>I took the half crown out of the prisoner's side pocket.</p>
<p>[The half crown was produced in Court, and deposed to by the prosecutor.]</p>
<p>PRISONER's DEFENCE.</p>
<p>I heard the cry of stop thief, I ran as other people did, till lord Essex's servant, supposing me to be the thief, tripped up my heels; the witnesses were all in liquor at the time.</p>
<p>To DYER. Were the prosecutor and his witnesses in liquor at the time? - I did not observe any such thing.</p>
<p>Did the prisoner before he was searched say that he had a half crown of his own? - No.</p>
<p>
<rs id="t17761016-7-verdict46" type="verdictDescription">
<interp inst="t17761016-7-verdict46" type="verdictCategory" value="guilty"/> GUILTY </rs>.
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<interp inst="t17761016-7-punish47" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-7-defend88 t17761016-7-punish47"/> Death </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron EYRE.</p> </div1>
<div1 type="trialAccount" id="t17761016-8">
<interp inst="t17761016-8" type="collection" value="BAILEY"/>
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<p>736.
<persName id="t17761016-8-defend96" type="defendantName"> WILLIAM DAVIS
<interp inst="t17761016-8-defend96" type="surname" value="DAVIS"/>
<interp inst="t17761016-8-defend96" type="given" value="WILLIAM"/>
<interp inst="t17761016-8-defend96" type="gender" value="male"/> </persName> was indicted for that he did
<rs id="t17761016-8-off48" type="offenceDescription">
<interp inst="t17761016-8-off48" type="offenceCategory" value="deception"/>
<interp inst="t17761016-8-off48" type="offenceSubcategory" value="forgery"/> falsely make, forge, and counterfeit, and did cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain warrant for delivery of goods, partly printed, and partly written, with the names
<persName id="t17761016-8-person97"> Richard Callow
<interp inst="t17761016-8-person97" type="surname" value="Callow"/>
<interp inst="t17761016-8-person97" type="given" value="Richard"/>
<interp inst="t17761016-8-person97" type="gender" value="male"/> </persName> , and
<persName id="t17761016-8-person98"> John Malan
<interp inst="t17761016-8-person98" type="surname" value="Malan"/>
<interp inst="t17761016-8-person98" type="given" value="John"/>
<interp inst="t17761016-8-person98" type="gender" value="male"/> </persName> thereunto subscribed, bearing date the 27th of April 1774, purporting to be a warrant for delivery to one
<persName id="t17761016-8-person99"> Benjamin Barbaud
<interp inst="t17761016-8-person99" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person99" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person99" type="gender" value="male"/> </persName> or his assigns, by indorsement thereon, of three casks of Sticklack sold to the same
<persName id="t17761016-8-person100"> Benjamin Barbaud
<interp inst="t17761016-8-person100" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person100" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person100" type="gender" value="male"/> </persName> by the United Company of merchants of England trading to the East Indies </rs>; the tenor of which said false, forged, and counterfeit warrant for delivery of goods is as followeth; that is to say,</p>
<p>"Mrs. Ruddock and Sims,</p>
<p>"You are desired to deliver to Benjamin</p>
<p>"Barbaud, No 540, - or his assigns, by indorsement</p>
<p>"thereon, and the bearer giving a</p>
<p>"receipt on the back thereof, the following</p>
<p>"goods; that is,</p>
<p>"per Nassau,</p>
<p>"Fo. 135 Lot 934 3 Casks Sticklack</p>
<p>"Qt. 5 21 at 8 9 s.</p>
<p>"sold him by the united East India company</p>
<p>"in September sale 1773, he having paid for</p>
<p>"the same £43 16 s. 8 d. for which a receipt</p>
<p>"of this number and date is given;</p>
<p>"London this 27th day of April 1774.</p>
<p>"
<persName id="t17761016-8-person101"> Richard Callow
<interp inst="t17761016-8-person101" type="surname" value="Callow"/>
<interp inst="t17761016-8-person101" type="given" value="Richard"/>
<interp inst="t17761016-8-person101" type="gender" value="male"/> </persName> .
<persName id="t17761016-8-person102"> John Malan
<interp inst="t17761016-8-person102" type="surname" value="Malan"/>
<interp inst="t17761016-8-person102" type="given" value="John"/>
<interp inst="t17761016-8-person102" type="gender" value="male"/> </persName> ."</p>
<p>with intention to defraud
<persName id="t17761016-8-victim104" type="victimName"> Samuel Drybutter
<interp inst="t17761016-8-victim104" type="surname" value="Drybutter"/>
<interp inst="t17761016-8-victim104" type="given" value="Samuel"/>
<interp inst="t17761016-8-victim104" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-8-off48 t17761016-8-victim104"/> </persName> against the form of the statute, &c.</p>
<p>2d Count. For feloniously uttering and publishing the same warrant for the delivery of goods as true, knowing it to have been forged, with the like intention, against the form of the statute, &c.</p>
<p>3d Count. For feloniously uttering and publishing the same warrant for the delivery of goods (setting forth the purport and warrant fully) as true; knowing it to have been forged, with the like intention, against the form of the statute, &c.</p>
<p>
<xptr type="pageFacsimile" doc="177610160009"/>4th Count. For uttering and publishing the same warrant, setting forth the purport only, knowing it to have been forged, against the form of the statute, &c.
<rs id="t17761016-8-cd49" type="crimeDate">July 15th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-8-off48 t17761016-8-cd49"/>.</p>
<p>[The witnesses were examined apart at the request of the prisoner.]</p>
<p>
<persName id="t17761016-8-person105"> SAMUEL DRYBUTTER
<interp inst="t17761016-8-person105" type="surname" value="DRYBUTTER"/>
<interp inst="t17761016-8-person105" type="given" value="SAMUEL"/>
<interp inst="t17761016-8-person105" type="gender" value="male"/> </persName> sworn.</p>
<p>I believe you are the unfortunate gentleman who had a transaction about the 2d or 3d of March last, by the means of Mr. Fuller, with the prisoner at the bar Davis? - I had.</p>
<p>Tell my lord and the jury what passed about your advancing 2000 l. upon India warrants, I believe? - It was; I believe it was about the 3d of last-March, but I cannot charge my memory to the day, but I have a paper in my pocket which will I believe inform me; the prisoner married the daughter of Mr. Fuller, who I have known many years; he was a bookseller, but has left off that trade and is now a stock broker; he has bought and sold stock for me, and is an old acquaintance; Mr. Fuller told me his son was concerned very capitally in the drug and watch trade, but the business he came on was to desire me to advance 2000 l. upon India warrants; I told Mr. Fuller, that I did not understand these kind of things; that I never saw one of those warrants in my life, but that I had a tenant, a Mr. Maud, a grocer in Carnaby-market; that I did imagine they were something in the way of tea warrants, and would call upon him; Mr. Maud told me India warrants were very good things, and that money was frequently advanced upon them; I got Mr. Maud indeed to go with me on the Monday to look at these warrants; it was on the Saturday preceding that they applied to me; we went to the Antelope tavern, I think, but no warrants were produced then; I had some Scotch Air bonds by me, I carried nineteen in my pocket, which I left with Mr. Maud, and desired him to look over the warrants, and if he found them proper to give the bond to Mr. Fuller, who was likewise present; Air bonds bore at that time, I believe 6 l. premium; I left the business at that time with Mr. Maud and Mr. Fuller; I was very easy about Mr. Fuller; he has had 4 or 5000 l. of my money at a time; I heard no more of it till the Wednesday morning following; Mr. Maud sent his nephew and the prisoner, and Mr. Fuller along with him; they had not sold all the bonds; Mr. Fuller said, if he had sold the whole in one day it would sink the premium, but he had sold 500 l. Air bonds at 5 per cent. premium; they said they would go to Mr. Dornford's a wine merchant, who they said had advanced money upon these warrants, and when they had sold the rest of the bonds they would bring me the warrants; Mr. Davis told me, that his warrants were in Mr. Dornford's hands, who wanted his money, and that he borrowed the money of me to take the warrants out of Mr. Dornford's hands.</p>
<p>Had you any note, or any acknowledgment from the prisoner? - Not till a day or two afterwards; I believe not till the whole transaction was settled, three or four days, or a week afterwards; the note was given for three months, that note is destroyed.</p>
<p>What was the value? - For 1900 or 2000 l.</p>
<p>The supposed value of the bonds? - I suppose so; I waited frequently upon the prisoner in Charterhouse-square; I be spoke indeed a watch of him, I begged he would be punctual to the time, for I could not let my money out any longer; when the three months came he could not let me have it then; he said he was going into Scotland and had a great deal of money due to him, and that if I would let him have it for three months more, he would certainly pay it at the end of that period; I told him the warrants he had lodged in my hands were things I did not understand; he had delivered the warrants to me.</p>
<p>What number? - I don't know; I said you must give me a power to go and claim these goods, and have them sold.</p>
<p>You have got the warrant in your hand which is the subject of this indictment, be so good as tell us the number of that? - 540.</p>
<p>What is the lot? - 934.</p>
<p>Now that he delivered to you as an East India warrant for the delivery of these goods? - Iimagine so.</p>
<p>When was it? - I will not take upon me to
<xptr type="pageFacsimile" doc="177610160010"/> swear that this is the very identical thing that was in my custody; they were delivered at three different periods.</p>
<p>I understand you to say that you cannot be positive that that was the warrant? - No.</p>
<p>But something that he represented as a warrant he gave you? - These sort of things to be sure I had of him.</p>
<p>Did he at that time give you any list of the warrants that he delivered to you, or any acknowledgment for the money under his hand? - Here it is (producing it).</p>
<p>That is his hand writing, is it? - To be sure it is.</p>
<p>Was it before or after the note was given that he delivered these warrants? - Certainly before, for he must take the lists from what he left.</p>
<p>What time was it, in March, April, May, or when? - I received three different parcels at three different times, which I apprehend was in the month of March.</p>
<p>Counsel for the Prisoner. That list you received from Davis? - I did.</p>
<p>When did you receive it from him? - This was a second engagement after the note of hand was given for three months, the 25th of June 1776.</p>
<p>Did you upon the receipt of this deliver up the note he gave you in the March preceding? - I did.</p>
<p>Did you receive any note from him then? - Ie ceived that.</p>
<p>Any other paper? - No; there is a power in that to sell these goods.</p>
<p>(It is read).</p>
<p>"Three months after date I promise to</p>
<p>"pay to
<persName id="t17761016-8-person106"> Samuel Drybutter
<interp inst="t17761016-8-person106" type="surname" value="Drybutter"/>
<interp inst="t17761016-8-person106" type="given" value="Samuel"/>
<interp inst="t17761016-8-person106" type="gender" value="male"/> </persName> , or order, one</p>
<p>"thousand nine hundred and ninety-five pounds</p>
<p>"having left collateral security the following</p>
<p>"India warrants, which he is at liberty to</p>
<p>"sell to the best advantage, in case I don't</p>
<p>"pay him the same sum when due; he is to</p>
<p>"account to me for the surplus.</p>
<p>"(Among the list there is No 934. Sticklack</p>
<p>"pound sign not in 43. 16 s. 8 d."</p>
<p>"N.B. I engage to get the above warrants</p>
<p>"indorsed by Mr. Barbaud.</p>
<p>"Signed, Wm Davis"</p>
<p>Did you or not find it necessary to have these warrants indorsed, and what happened upon indorsing them? - As I take that engagement, it meant if he did not pay the money I was to sell the goods at the time; I asked Mr. Hodges, who keeps a lottery office the lower part of my house in Pall-mall; as he often goes to 'Change I mentioned the transaction to him; I gave him a couple of these warrants, and asked him to enquire if they were good; he brought them back to me, and said they were good, but they ought to be indorsed; that when they were indorsed he would carry them all together and examine them; I applied to the prisoner for them to be indorsed; he said he would bring the broker to indorsed them at any time.</p>
<p>Did he say who was the broker? - Barbaud: I went to Mr. Davis's house and desired he would get them signed; he said he would bring the man, but he never did; I told him he used me very ill, there was no difficulty in bringing the broker to my house; he at last appointed a coffee house at Charing-cross, and there they were indorsed; I did not go with them myself; I said I did not like coffee houses, I would not go among a mob of people; I sent
<persName id="t17761016-8-person107"> William Mais
<interp inst="t17761016-8-person107" type="surname" value="Mais"/>
<interp inst="t17761016-8-person107" type="given" value="William"/>
<interp inst="t17761016-8-person107" type="gender" value="male"/> </persName> , one of Mr. Hodges's people, with them, and they were indorsed by somebody there.</p>
<p>Was this warrant you have produced one of those that were so indorsed? - I cannot say; all the warrants that I had at that time in my custody were, except two or three that I have at home in the name of another broker.</p>
<p>All that are contained in that list in the name of Barbaud were indorsed then? - They were.</p>
<p>Cross Examination.</p>
<p>You say, all that are in the name of Barbaud; as I read this paper I don't see the name of Barbaud particularized to any one of the warrants in this list; there is only in general at the foot of it,</p>
<p>"N. B. I engage to get</p>
<p>"the above warrants," (that refers to them all)</p>
<p>"indorsed by Mr. Barbaud;" therefore Barbaud's name is not specified to any particular warrant contained in this list; I wish, therefore, to know of you whether you can take upon you to say, that the warrant that is
<xptr type="pageFacsimile" doc="177610160011"/> called</p>
<p>"lot 934, Sticklack 43. 16 s. 8 d." was one of the warrants that you received from him or no? - I cannot pretend to say.</p>
<p>What did you do with all the papers that were purported to be signed Barbaud, which you received from the prisoner? - I locked them up in my strong box.</p>
<p>Did you deliver all you received from the prisoner to Hodges? - I did.</p>
<p>You received the warrants first of all from the prisoner? - Yes.</p>
<p>You had them in your custody some time? - Yes.</p>
<p>Who did you first deliver them to? - Mais to be indorsed.</p>
<p>When he brought them back, what did you do with them? - Locked them up for some time in my box, and then delivered them to Mr. Hodges.</p>
<p>All of them with Barbaud's name? - I cannot be certain.</p>
<p>COURT. How came you by that paper? - Certainly Davis gave it me, if it was one of those that Davis gave me.</p>
<p>COURT. How came you by it to-day? - I had it of Mr. Chetham.</p>
<p>Mr. Chetham. Who did you receive it of? - Mr. Sims.</p>
<p>Counsel for the Crown. They are all marked by Sims.</p>
<p>Counsel for the Prisoner. Have these papers been in any other hands since you received them than Mr. Hodges and Mr. Mais? - That I cannot say.</p>
<p>Have you parted with them to any body else to look at them or examine them? - Yes, I have to Mr. Rutt, a stock-broker in Birchin-lane; he had them for an hour or more out of my custody.</p>
<p>When had he them? - I believe it was in the month of June or the beginning of July.</p>
<p>For what purpose did you give them to him? - To ask him if they were a proper security.</p>
<p>And what Mr. Rutt did with them you don't know? - He brought them to me again.</p>
<p>Did you deliver them to any one else? - I have shewn them to different people.</p>
<p>Then besides Mais and Hodges they have been in the custody of some other persons? - Hodges had them a week or ten days before he carried them to be examined.</p>
<p>And others have had the possession of them some time? - Yes.</p>
<p>Counsel for the Prisoner. Had they not been in the custody of somebody else before you delivered them to Mais? - They had.</p>
<p>
<persName id="t17761016-8-person108"> WILLIAM MAIS
<interp inst="t17761016-8-person108" type="surname" value="MAIS"/>
<interp inst="t17761016-8-person108" type="given" value="WILLIAM"/>
<interp inst="t17761016-8-person108" type="gender" value="male"/> </persName> sworn.</p>
<p>You are, I believe, clerk to Mr. Hodges, who keeps a lottery office in Pall-mall? - I am.</p>
<p>Did Mr. Drybutter at any and what time apply to you about India warrants? - He did some time in July last; he desired that I would see some East India warrants indorsed; I was to go to a coffee house that same evening to see this warrant indorsed; I think it was Old Slaughter's coffee house in St. Martin's-lane; I was to meet a Mr. Barbaud there in company with Mr. Davis; Mr. Drybutter delivered me the warrants; I went to Slaughter's coffee house ; Mr. Davis only was there at that time, and he appointed another day; Mr. Drybutter spoke to me again and said, Mr. Barbaud will be at the Golden Cross coffee house at Charing-cross.</p>
<p>What did the prisoner say to you at Slaughter's coffee house? - He said something or other detained Barbaud; Mr. Drybutter gave me the warrants, and I went afterwards to the Golden Cross; I was introduced to Mr. Slop and Mr. Davis.</p>
<p>You did not know either Barbaud or Slop? - No, the prisoner at the bar said, this is the gentleman; he did not call him Barbaud; I produced the warrants, and Mr. Slop took them and inspected into each before he indorsed them, not only that, but he returned three, which he said were not to be indorsed in the name of Barbaud, and which, I believe, Mr. Drybutter has now in his possession.</p>
<p>How many were indorsed with the name of Barbaud? - I cannot say; I did not inspect into the contents of them.</p>
<p>When they were so indorsed, what did you do with them? - Returned them all together to Mr. Drybutter; Mr. Davis went with me to Mr. Drybutter, and I left him and Mr. Drybutter together.</p>
<p>Did Davis say any thing to Slop? - He did
<xptr type="pageFacsimile" doc="177610160012"/> not say any thing to Slop; he said, this is the gentleman.</p>
<p>But the first time you went to Slaughter's coffee house, you went expecting to meet Barbaud? - Yes; the person that was to indorse the warrants.</p>
<p>Did the prisoner at the Golden Cross say any thing of Barbaud, or mention his name? - I asked him if he expected to see Mr. Barbaud; he said, he supposed Mr. Barbaud had business in the city, but he should see him that day or in a day or two, and he would appoint a time.</p>
<p>And when you came into the Golden Cross, Charing-cross, he said, this is the gentleman? - Yes.</p>
<p>Cross Examination.</p>
<p>You don't know how many were indorsed by Slop? - I cannot recollect.</p>
<p>Did Davis at that time when you met him in the coffee house at Charing-cross, inspect these warrants? - He gave them to Slop; I apprehended Davis did not inspect into them, or else he must have seen that three warrants were not to be indorsed by Barbaud, and he would not have presented them to Slop.</p>
<p>How came Davis by these warrants? - They were put upon a table, and he gave them, I believe, one by one to Slop.</p>
<p>Did he give them separately or all in a lump to Slop? - I think separately.</p>
<p>But he did not inspect them? - I do not recollect that he did.</p>
<p>
<persName id="t17761016-8-person109"> THOMAS SLOP
<interp inst="t17761016-8-person109" type="surname" value="SLOP"/>
<interp inst="t17761016-8-person109" type="given" value="THOMAS"/>
<interp inst="t17761016-8-person109" type="gender" value="male"/> </persName> sworn.</p>
<p>Do you know the prisoner? - Yes; I was employed by him to do his business.</p>
<p>Give your own account of any employment he found for you relative to East India warrants? - About the beginning of July last Mr. Davis enquired for a clerk at Mr. Matevia's counting house; I was a clerk to Mr. Matevia then; I took no notice then, but watched an opportunity and applied to him in order to get his place; to the best of my recollection I went that day; I went several times; sometimes he was at meals, but at last I engaged myself to be his clerk; I went another time to acquaint him what time I thought I could come into his service; he desired me at that time to come the following afternoon to do some business for him; I went accordingly; Mr. Davis set me to copy two letters; then he asked me to go with him to do some business; I went out with him, he talked about different affairs very freely; he told me he had bought a quantity of East India goods at the company's sale; that
<persName id="t17761016-8-person110"> Benjamin Barbaud
<interp inst="t17761016-8-person110" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person110" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person110" type="gender" value="male"/> </persName> was the broker; he asked me if I knew that Barbaud? I told him I did not know any thing at all about him; he said he is the broker, he is gone abroad, and has forgot to indorse the warrants, and I want you to indorse them; now, says he. it is a mere matter of form, as I have paid the money; I thought myself that it was a mere matter of form, as Mr. Davis said the broker was gone to America as a soldier or an officer; I told him it was very well, I would indorse them; he took me to a coffee house at the bottom of the Hay-market, the Prince of Orange, I believe it is; he asked for a private room, they had not one; he went from there to the Golden Cross at Charing-cross, there he asked for a private room, and we were introduced into a back room; Mr. Davis called for six-pennyworth of half and half, and a pen and ink, the pen and ink were brought; Mr. Davis took a piece of loose paper out of his pocket, and wrote
<persName id="t17761016-8-person111"> Benjamin Barbaud
<interp inst="t17761016-8-person111" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person111" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person111" type="gender" value="male"/> </persName> upon it.</p>
<p>Look at that (shewing the witness a small slip of paper). - This is the piece of paper; he first wrote upon it
<persName id="t17761016-8-person112"> Benjamin Barbaud
<interp inst="t17761016-8-person112" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person112" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person112" type="gender" value="male"/> </persName> ; he said I think this is something of the way in which Barbaud writes his name; I wrote
<persName id="t17761016-8-person113"> Benjamin Barbaud
<interp inst="t17761016-8-person113" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person113" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person113" type="gender" value="male"/> </persName> under it; he said,</p>
<p>"that will do;" the first is Mr. Davis's writing; the second is my copying of it; he said, I will go to the gentleman that lent me the money: Mr. Davis went out; he returned in about a quarter of an hour with Mr. Mais to the Golden Cross; Mr. Mais had the warrants in his pocket; he took out the warrants; they were tied with a bit of red tape; he untied them and delivered them to Mr. Davis; I indorsed about six or seven of them, and then merely out of curiosity I went to look in the inside of one of them; Mr. Davis took it out of my hand, which rather gave me some suspicion, though not a very strong one; I looked very much confused, and entirely forgot the name; Mr. Davis said,</p>
<p>"Mr. Barbaud, you will continue
<xptr type="pageFacsimile" doc="177610160013"/> " to indorse them;" I did continue, and indorsed them; I now understand there were twenty-three of them; I drank a glass or two of punch and came out: as I was walking along it ran in my head that I had not done right; I fancied so by the manner in which he took it out of my hand; sometimes I thought there was nothing in it, at other times I thought there was.</p>
<p>When you indorsed the warrants, who delivered them to you for that purpose? - Mr. Davis presented them to me one by one.</p>
<p>Did he look into them before he put them to you to sign? - I think he did, but am not positive in that particular.</p>
<p>Do you recollect what number you indorsed? - I did not count them, I know now that the number is twenty-three; I delivered them to Mr. Davis when they were indorsed.</p>
<p>Did he part with them to any body in your presence? - I don't recollect.</p>
<p>Mais was there all the time? - He was.</p>
<p>Look at that, is that the warrant you indorsed? - It is; I then went home, it was too late to go to Mr. Matevia's service; in the morning when I went I called Mr. Clarke, Mr. Matevia's book-keeper aside, and told him what I had done.</p>
<p>Cross Examination.</p>
<p>How old are you? - Going on of nineteen.</p>
<p>Was you a clerk at Mr. Matevia's office when Mr. Davis came to enquire for a clerk? - Yes.</p>
<p>How long had you been a clerk there? - Not quite a year and a quarter.</p>
<p>Do you know whether Mr. Davis had a character of you from any body? - I don't know; he did not tell me he had; Mr. Clarke told me Mr. Davis had spoke to him.</p>
<p>How long had you been in his service before he asked you to do this job for him? - I was not in his service when I did it.</p>
<p>Then this was by way of essay, to see whether you was fit to serve him? - No; he wanted me very much, I could not leave my place directly.</p>
<p>You made an agreement with Mr. Davis at what wages to serve him? - I did.</p>
<p>How long before this? - I cannot say how many days.</p>
<p>Did you afterwards go to live with him at all? - Yes, on the 17th of July.</p>
<p>How long was that after the business you have given an account of? - I do not remember the day of the month when I signed the warrants.</p>
<p>How many days or weeks do you think it was after you had done this business, that you came to serve him? - It may be a fortnight or twelve or nine days, or thereabouts.</p>
<p>You say this broken piece of paper the gentleman produced to you just now, is the very paper that you saw Mr. Davis write the name
<persName id="t17761016-8-person114"> Benjamin Barbaud
<interp inst="t17761016-8-person114" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person114" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person114" type="gender" value="male"/> </persName> upon, under which you wrote
<persName id="t17761016-8-person115"> Benjamin Barbaud
<interp inst="t17761016-8-person115" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person115" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person115" type="gender" value="male"/> </persName> ? - Yes.</p>
<p>Now I observe
<persName id="t17761016-8-person116"> Benjamin Barbaud
<interp inst="t17761016-8-person116" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person116" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person116" type="gender" value="male"/> </persName> is wrote no less than five or six times upon that paper? - Yes.</p>
<p>All after the first were your writing? - Yes.</p>
<p>Trying how well you could counterfeit? - No.</p>
<p>Why did you do it? - I don't know; I cannot give any reason why I did it.</p>
<p>If you take it in your hand, perhaps it will help you to a reason; did you by that try, or did you not, to imitate the name
<persName id="t17761016-8-person117"> Benjamin Barbaud
<interp inst="t17761016-8-person117" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person117" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person117" type="gender" value="male"/> </persName> as it was wrote above? - It was a mere scroll to engross my time.</p>
<p>You have wrote
<persName id="t17761016-8-person118"> Benjamin Barbaud
<interp inst="t17761016-8-person118" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person118" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person118" type="gender" value="male"/> </persName> three different times under that which you say was wrote by Mr. Davis? - I did not endeavour to imitate it; I put this piece of paper into my pocket; there is an account of the weight of some barrels of coffee upon it that I took down for Mr. Matevia, and I was so far from thinking the paper of any consequence, that I should have made use of it, if I had wanted a piece of paper when I went to the necessary.</p>
<p>How came it to be preserved at all? - More providence than any thing else.</p>
<p>When did you write the name
<persName id="t17761016-8-person119"> Benjamin Barbaud
<interp inst="t17761016-8-person119" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person119" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person119" type="gender" value="male"/> </persName> which is wrote next under that wrote
<xptr type="pageFacsimile" doc="177610160014"/> by Mr. Davis, before you indorsed the warrants or not? - Before.</p>
<p>Then the question is, whether that
<persName id="t17761016-8-person120"> Benjamin Barbaud
<interp inst="t17761016-8-person120" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person120" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person120" type="gender" value="male"/> </persName> which is wrote next after Davis's
<persName id="t17761016-8-person121"> Benjamin Barbaud
<interp inst="t17761016-8-person121" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person121" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person121" type="gender" value="male"/> </persName> , was or was not wrote by way of imitation of the
<persName id="t17761016-8-person122"> Benjamin Barbaud
<interp inst="t17761016-8-person122" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person122" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person122" type="gender" value="male"/> </persName> above it - you tell us it was providence brought the paper out of your custody; I want to know in what way that was done? - I was informed that Mr. Davis was taken up for forgery, and when I went before Sir
<persName id="t17761016-8-person123"> John Fielding
<interp inst="t17761016-8-person123" type="surname" value="Fielding"/>
<interp inst="t17761016-8-person123" type="given" value="John"/>
<interp inst="t17761016-8-person123" type="gender" value="male"/> </persName> , I delivered up every thing I had; I shewed him the paper.</p>
<p>You knew at the time when you appeared before the justice, that you had this piece of useless paper, as you understood it, in your custody? - I did.</p>
<p>How came you to preserve such a scrap of paper as that, which you thought of no use? - That was mere accident.</p>
<p>And yet, still you readily recollected that you had such a thing in your pocket? - Yes, because when I went to the privy I had frequently torn pieces from it.</p>
<p>Did you ever see an India warrant before this? - I have, but I never inspected into the clerk's signing them.</p>
<p>You understood the nature of India warrants? - I was not conversant enough in it readily to fill up one.</p>
<p>But you knew enough of warrants to know that it was necessary to indorse the warrant in order to entitle the person that was a bearer of it to the delivery of the goods? - I did not know about the indorsement so much as I do now, I knew it was some form.</p>
<p>But you knew it to be a necessary form; you never saw one forged before I dare say? - No.</p>
<p>You did this thinking it a mighty innocent thing? - I did.</p>
<p>How came Mr. Davis to apply so readily to you at Mr. Matevia's counting-house to do this office for him, why could not he have done it himself? - Mr. Davis must know that best himself.</p>
<p>All the names of Barbaud that you wrote upon that paper, were wrote at the coffee house? - No, only the one immediately under that wrote by Mr. Davis.</p>
<p>Where did you write the name of Barbaud upon the warrants? - At the coffee house.</p>
<p>All of them? - Yes; in the morning when I went to Mr. Matevia's counting-house I spoke about it to Mr. Clarke, as he understood business very superior to me; I called Mr. Clarke out of the counting-house as there were two other gentlemen there; I told Mr. Clarke that I had indorsed a parcel of warrants in the name of Barbaud, and asked him whether he knew
<persName id="t17761016-8-person124"> Benjamin Barbaud
<interp inst="t17761016-8-person124" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person124" type="given" value="Benjamin"/>
<interp inst="t17761016-8-person124" type="gender" value="male"/> </persName> ; Mr. Clarke said he did; I asked him if he was gone to America as a soldier and an officer, because Mr. Davis told me he was gone to America as a soldier or an officer; I said it was a thing I did not like, but I supposed there was no harm in it, for Mr. Davis had told him the story as I have related before; Mr. Clarke said, I dare say there is nothing in it, it is a mere matter of form, and Mr. Clarke made very trifling of it; I took no further notice of it, but went into Mr. Davis's service, and had laid out some small sums for him in his watch business; I went into his service on Wednesday the 17th of July, and staid with him till Tuesday; on Monday I did not see him, but thought he was out of the way; on Tuesday I did not see him; when I went in the morning there was a cart at the door, and his furniture was removing away.</p>
<p>To whom else did you disclose it afterwards? - Nobody else then, till I heard that Mr. Davis was taken up for the forgery; his mother-in-law told me first of it.</p>
<p>After he was taken up, who did you speak then to? - I told several, then I told Mr. Dornford of it, and Mr. Matevia, and others.</p>
<p>Did you tell Mr. Hambilton of it? - Yes.</p>
<p>You was taken up yourself? - I was not.</p>
<p>Nor detained? - I was never detained.</p>
<p>Did you never say you had any promises in order to be a witness in this cause? - No never, nor I never had any promises made me.</p>
<p>You never said so to Mais? - No, nor I never had the least promise in the world from any body.</p>
<p>Council for the Crown. How came you to go before the justice at all? - Mr. Hambilton
<xptr type="pageFacsimile" doc="177610160015"/> said to me, I am very sorry you have got yourself into a hobble, I would have you go and tell the whole to Sir
<persName id="t17761016-8-person125"> John Fielding
<interp inst="t17761016-8-person125" type="surname" value="Fielding"/>
<interp inst="t17761016-8-person125" type="given" value="John"/>
<interp inst="t17761016-8-person125" type="gender" value="male"/> </persName> ; I went upon his advive and told the whole to him.</p>
<p>To MAIS. Did Slop tell you he had a promise? - I heard Mr. Simes say, he would recommend him to the East India Company.</p>
<p>Was Slop present? - I don't know.</p>
<p>Had you ever any conversation with Slop upon it? - I cannot say that I ever had; only I understood that he was to be recommended to the Company.</p>
<p>VALENTINE CLARKE sworn.</p>
<p>Where do you live? - I am book-keeper to Mr. Matevia.</p>
<p>Had you ever any, and what conversation with
<persName id="t17761016-8-person126"> Thomas Slop
<interp inst="t17761016-8-person126" type="surname" value="Slop"/>
<interp inst="t17761016-8-person126" type="given" value="Thomas"/>
<interp inst="t17761016-8-person126" type="gender" value="male"/> </persName> touching the indorsing of some India warrants? - Mr. Slop one morning, about three months ago, acquainted me, that at the request of Mr. Davis, he did the day before go with him to the other end of the town, and that by the way Mr. Davis told him, the business he was going upon, was to borrow money upon East India warrants that were made out in the name of Mr.
<persName id="t17761016-8-person127"> Thomas Barbaud
<interp inst="t17761016-8-person127" type="surname" value="Barbaud"/>
<interp inst="t17761016-8-person127" type="given" value="Thomas"/>
<interp inst="t17761016-8-person127" type="gender" value="male"/> </persName> ; that Mr. Barbaud had omitted to indorse these warrants, and was out of the kingdom; that the money could not be advanced upon them without the indorsement of Mr. Barbaud, and that as he construed it to be a mere matter of form, he requested Slop would sign Barbaud's name, which Slop told me he did, and in consequence of that the money was advanced upon the warrants.</p>
<p>Did you give him any advice, or say any thing upon the occasion? - He expressed an uneasiness at the part he had taken, and asked me if he run any risque; in the manner he related what had passed, I really did believe it was a mere matter of form; that the fact was as Mr. Davis had stated it; that the warrants were real, and that the name of Barbaud's not being upon it was an omission, as he had represented it to Slop, and that the consequence of Slop's indorsing the name of Barbaud would not be detrimental to him.</p>
<p>So you told him it was a mere matter of orm and could not be detrimental to him? - I told him, that from the manner of his relating it, I thought it a mere matter of form.</p>
<p>Did you ever see Mr. Davis write? - I have.</p>
<p>Look at that paper (the forged warrant) is any part of that his hand writing? - It has undoubtedly such an appearance to me, but I really cannot say whether it is or no.</p>
<p>Are you well acquainted with his hand writing? - I am.</p>
<p>Counsel for the Prisoner to SLOP. Whether you have ever said that you would endeavour to hang Davis? - No, I never did.</p>
<p>GJHN HAMBILTON sworn.</p>
<p>What are you? - Clerk to a broker.</p>
<p>Do you remember having any, and what conversation, and when with
<persName id="t17761016-8-person128"> Thomas Slop
<interp inst="t17761016-8-person128" type="surname" value="Slop"/>
<interp inst="t17761016-8-person128" type="given" value="Thomas"/>
<interp inst="t17761016-8-person128" type="gender" value="male"/> </persName> ? - I do, on Wednesday morning, the 23d of July, as well as I can recollect, Mr. Slop told me. -</p>
<p>Counsel for the Prisoner. Was it before or after Mr. Davis was taken up? - After.</p>
<p>Counsel for the Prisoner. Then I object to it.</p>
<p>Counsel for the Crown. It is to shew that it was by the witnesses advice that he went to the justice, and not by compulsion, but I shall not press it.</p>
<p>
<persName id="t17761016-8-person129"> THOMAS BRADSHAW
<interp inst="t17761016-8-person129" type="surname" value="BRADSHAW"/>
<interp inst="t17761016-8-person129" type="given" value="THOMAS"/>
<interp inst="t17761016-8-person129" type="gender" value="male"/> </persName> sworn.</p>
<p>What business are you? - A watchmaker.</p>
<p>Do you know the prisoner? - Yes.</p>
<p>Do you know his hand writing? - I have been conversant with it.</p>
<p>Should you know it if you was to see it? - I cannot be positive.</p>
<p>Look at that? - (the forged warrant) I think it is something like his hand writing.</p>
<p>You have often seen him write? - Very often indeed.</p>
<p>You think that is his hand writing? - I think it to be so.</p>
<p>Cross Examination.</p>
<p>Is it all together like his hand writing? - I cannot absolutely say that it is his hand writing or all together like it, it appears to me to be like his hand writing.</p>
<p>Do you mean his common and usual manner of writing? - I cannot absolutely say that it is his hand writing, but I think it is.</p>
<p>You have seen Davis write very often? - I have.</p>
<p>Then you, who are a man of business, must be so conversant with his hand as to perfectly understand whether that is like his hand writing? - To be sure.</p>
<p>
<xptr type="pageFacsimile" doc="177610160016"/>May be you may have seen him write, or have received letters from him? - I have seen him write and received letters from him some time ago.</p>
<p>You are well acquainted with his hand writing? - I am.</p>
<p>Then I should think you would not pause upon it, but boldly pronounce, that this is his hand writing? - I do every thing but swear to it.</p>
<p>Have you any particular meaning when you lay an emphasis upon the word something? - I have this meaning; that I cannot absolutely swear to a man's hand writing.</p>
<p>Then you are doubtful? - I am not.</p>
<p>It is a very plain question I ask you; if I was asked the question you are, I would say I had no meaning at all in the word something, to distinguish it from being very like, I would say that, or else I would say, that I delivered the word something, meaning to imply in it some degree of doubt; now is it one or other of these you mean? - I have no doubt that it is his hand writing; I meant by something, that I would substitute something; not to say that it is absolutely his hand.</p>
<p>Counsel for the Crown. Was you not formerly in partnership with the prisoner? - I was.</p>
<p>You have often seen him write then? - Very often.</p>
<p>COURT. Would you be willing to swear to any man's hand writing? - I would not indeed.</p>
<p>Would you swear as much to this as to any other man's hand writing that you had not seen write the thing? - I would.</p>
<p>The warrant read.</p>
<p>"Messrs. Ruddock and Simes,</p>
<p>"You are desired to deliver to Mr. Benjamin</p>
<p>"Barbaud, or his assigns, by indorsement</p>
<p>"hereon, and the bearer giving a receipt</p>
<p>"on the back hereof, the following</p>
<p>"goods; that is, per Nassau, No 540 in the</p>
<p>"margin, folio 135, lot 934, 3 Casks Stick-lack,</p>
<p>"Qt. 521 at 8 l. 9 s. sold him by the united</p>
<p>"East India Company in September sale 1773,</p>
<p>"he having paid for the same 43 l. 16 s. 8 d.</p>
<p>"for which a receipt of this number and date</p>
<p>"is given; London this 27th day of April</p>
<p>"1774.</p>
<p>
<persName id="t17761016-8-person130"> John Malan
<interp inst="t17761016-8-person130" type="surname" value="Malan"/>
<interp inst="t17761016-8-person130" type="given" value="John"/>
<interp inst="t17761016-8-person130" type="gender" value="male"/> </persName> ,
<persName id="t17761016-8-person131"> Richard Callow
<interp inst="t17761016-8-person131" type="surname" value="Callow"/>
<interp inst="t17761016-8-person131" type="given" value="Richard"/>
<interp inst="t17761016-8-person131" type="gender" value="male"/> </persName> .</p>
<p>
<persName id="t17761016-8-person132"> WILLIAM HODGES
<interp inst="t17761016-8-person132" type="surname" value="HODGES"/>
<interp inst="t17761016-8-person132" type="given" value="WILLIAM"/>
<interp inst="t17761016-8-person132" type="gender" value="male"/> </persName> sworn.</p>
<p>You keep a lottery-office in Pall-mall? - I do.</p>
<p>Mr. Drybutter lives in the upper part of that house? - Yes.</p>
<p>Did he at any time give you a parcel of warrants to be examined at the India House? - Upon the 12th of July he gave me twenty-three to be examined at the India House; I went to the treasurer's office, a young man that I applied to there took me to Mr. Harris the treasurer; Mr. Harris went with me to Mr. Simes, who said they were forged.</p>
<p>Did you deliver all you received from Mr. Drybutter to Mr. Simes? - I delivered them to the young man, he delivered them to Mr. Harris, and Mr. Harris to Mr. Simes, all in my presence.</p>
<p>
<persName id="t17761016-8-person133"> JOHN SIMES
<interp inst="t17761016-8-person133" type="surname" value="SIMES"/>
<interp inst="t17761016-8-person133" type="given" value="JOHN"/>
<interp inst="t17761016-8-person133" type="gender" value="male"/> </persName> sworn.</p>
<p>In what station are you at the India House? - Warehouse-keeper.</p>
<p>Do you remember at any time Mr. Hodges coming there with a parcel of warrants? - Upon Saturday the 20th of July he came with twenty-three warrants; I immediately saw that they were all forged warrants, I marked them all.</p>
<p>Be so good as look at that (the warrant in question)? - That has my name on the back of it, that is one of the warrants that was produced.</p>
<p>Do you know of any such person in the service of the India Company in any office, as
<persName id="t17761016-8-person134"> Richard Callow
<interp inst="t17761016-8-person134" type="surname" value="Callow"/>
<interp inst="t17761016-8-person134" type="given" value="Richard"/>
<interp inst="t17761016-8-person134" type="gender" value="male"/> </persName> , and
<persName id="t17761016-8-person135"> John Malan
<interp inst="t17761016-8-person135" type="surname" value="Malan"/>
<interp inst="t17761016-8-person135" type="given" value="John"/>
<interp inst="t17761016-8-person135" type="gender" value="male"/> </persName> ? - Neither of them.</p>
<p>There is the name
<persName id="t17761016-8-person136"> John Ruddock
<interp inst="t17761016-8-person136" type="surname" value="Ruddock"/>
<interp inst="t17761016-8-person136" type="given" value="John"/>
<interp inst="t17761016-8-person136" type="gender" value="male"/> </persName> , what is he? - He was warehouse-keeper at that time, he is now dead, I was deputy to him then.</p>
<p>Then he at the September sale 1773 was a warehouse-keeper? - Yes, he was.</p>
<p>Is that in the usual form of delivering goods at the India House? - It is.</p>
<p>Be so good as to tell, whether the receipt and warrant when joined together before they are severed and cut off, are delivered in that form at the India House? - This is the Company's warrant, filled up by whoever thinks proper in the usual mode, but not signed by the Company's officers.</p>
<p>Are they such good securities as that people frequently borrow money upon them? - Yes,
<xptr type="pageFacsimile" doc="177610160017"/> if properly signed and properly indorsed, they are very good security; I have lent money myself upon them.</p>
<p>
<persName id="t17761016-8-person137"> JOHN HOLLOWAY
<interp inst="t17761016-8-person137" type="surname" value="HOLLOWAY"/>
<interp inst="t17761016-8-person137" type="given" value="JOHN"/>
<interp inst="t17761016-8-person137" type="gender" value="male"/> </persName> sworn.</p>
<p>Prisoner. I beg the other Holloway may withdraw while this is examined.</p>
<p>[He is ordered to withdraw.]</p>
<p>What are you? - A smith and ironmonger.</p>
<p>Was you ever desired, and by whom, to prevent
<persName id="t17761016-8-person138"> Thomas Slop
<interp inst="t17761016-8-person138" type="surname" value="Slop"/>
<interp inst="t17761016-8-person138" type="given" value="Thomas"/>
<interp inst="t17761016-8-person138" type="gender" value="male"/> </persName> from giving evidence against the prisoner at the bar at this trial?</p>
<p>Counsel for the Prisoner. I object to that question.</p>
<p>Did the prisoner ever speak to you about it? - Never.</p>
<p>Had you yourself any conversation with the prisoner upon the subject either before or after? - Not till after.</p>
<p>Had you ever any conversation with the prisoner about Slop upon any occasion whatever? - I was with him one evening at Newgate, it was on the Friday evening in the last sessions; Mr. Davis desired my brother to give a character for one 'Squire Vaughan, who was to come to town, and who had sent his servant to take lodgings for him; when the maid servant came to me I did as my brother desired me; that evening I was with Mr. Davis, he informed me, he was exceedingly sorry he had deceived me, or to that purpose; that there was some scheme that had been in hand and he found it was frustrated; I was much agitated about it; he then told me, that the house that I desired my brother to give a character for, was for two men, who had taken it for the purpose of conveying Slop away, but not, says he, as I know any thing of it myself, but two men came to me at the prison about it, two rascals he called them; he said he knew nothing of what their scheme was, but only under some pretence to serve him they came to him.</p>
<p>He did not approve of it? - No, he seemed concerned that I had been imposed upon, and seemed much concerned that they had taken the steps they did take, and appeared as if he knew nothing about it.</p>
<p>PRISONER's DEFENCE.</p>
<p>My lord, the defence that I can make is, that I did not know that the warrants were forged; Mr. Drybutter said, that he had shewn the warrants which I had delivered to him to several persons, and at last he testified his uneasiness; he said he was afraid I had deceived him; I told him I had not, I had received them from another person, and the warrants that I had, I knew were good, and they may be agreeable to the list that Mr. Drybutter has shewn, but I am sure the warrants I had were good; and there is Mr. Dornford the wine-merchant knows very well that I dealt in drugs, and that I paid at that time a large sum; about 4000 l. for these warrants; I deposited 2000 l. in the hands of Mr. Dornford, he has got them now, and the other 2000 l. worth I borrowed money now and then upon, when I wanted money to apply to my business; I borrowed money upon these from Messrs. Smith and Payne several times, and from other bankers, and I redeemed them when they desired I would; the warrants that I left with Mr. Drybutter, were certainly not forged, or else I am deceived in 2000 l. myself; Mr.
<persName id="t17761016-8-person139"> Edward Lloyd
<interp inst="t17761016-8-person139" type="surname" value="Lloyd"/>
<interp inst="t17761016-8-person139" type="given" value="Edward"/>
<interp inst="t17761016-8-person139" type="gender" value="male"/> </persName> , who is absent by illness, lent me 5 or 600 l. upon a parcel of warrants; Mr. Lloyd came to me once upon 'Change, and, said they were not indorsed, I went to the broker and got them indorsed immediately; as for these I am quite ignorant of them, if they are forged I am deceived in the sum they purport; there are a great many gentlemen well known that will appear to my character, and I believe it will be found, that I am not guilty of such things; they will convince your lordship and the gentlemen of the jury of my fair dealing.</p>
<p>FOR THE PRISONER.</p>
<p>
<persName id="t17761016-8-person140"> JAMES NOAKS
<interp inst="t17761016-8-person140" type="surname" value="NOAKS"/>
<interp inst="t17761016-8-person140" type="given" value="JAMES"/>
<interp inst="t17761016-8-person140" type="gender" value="male"/> </persName> sworn.</p>
<p>I have been an inhabitant of Charterhouse-square above thirty years; I am a watchmaker, I did not know Mr. Davis till he came into the square, which is about three years ago; I dealt with him, and always found him very fair and honest, and would have trusted him 500 l. with a great deal of pleasure; he always paid me very well.</p>
<p>Mr. - LLOYD sworn.</p>
<p>I live in Montgomeryshire.</p>
<p>You live upon your fortune? - I do.</p>
<p>How long have you known Mr. Davis? - I
<xptr type="pageFacsimile" doc="177610160018"/> believe about five or six years ago; I recollect his coming to me to desire that I would assist him by recommending him to some of my friends in town; he told me he was going to set up in the coal trade; he explained to me that he was my neighbour's son; he desired me to recommend him to some families I knew in town: I took then an opportunity of enquiring of my neighbours, what sort of a young man he was, for I did not immediately recollect him; I found him to be my very near neighbour's son and of an extraordinary good character; since that I have recommended him to my friends, from each of them I have, I believe, heard, that he had a most deserving character, particularly from a relation of mine to whom I recommended him; he has many times, I believe, assisted him with money, and patronized him as much as one neighbour could another.</p>
<p>What has been his general character for these last six years? - Exceedingly good; I have myself known instances where he has interfered in the support of his family in a most exemplary manner.</p>
<p>Mr.
<persName id="t17761016-8-person141"> JOSIAH DORNFORD
<interp inst="t17761016-8-person141" type="surname" value="DORNFORD"/>
<interp inst="t17761016-8-person141" type="given" value="JOSIAH"/>
<interp inst="t17761016-8-person141" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a merchant, and live in Philpot-lane, Cannon-street; I have known Mr. Davis above ten years, his character has been always very good; I had such an opinion of him that I have frequently lent him money and assisted him from time to time in the course of these years that I have known him.</p>
<p>Do you know any thing of Slop? - I know so much of him as this, that he was clerk with a brother-in-law of mine where my son was apprentice, he happened to mention this affair; and I saw him once upon 'Change, there were a knot of people gathered about him, and he appeared to be in a good deal of displeasure, and I heard him say he would hang him if he could.</p>
<p>You are positive of that? - I am quite sure of it.</p>
<p>And the prisoner has always-bore a very irreproachable character? - Yes, and I have lent him considerable sums of money upon warrants at different times; I lent him about 13 or 1400 l. upon 2000 l. worth of warrants, and have them in my hand to this time, and they are very good I believe.</p>
<p>Counsel for the Crown. Had you known Slop previous to this time? - I had.</p>
<p>You was not in conversation yourself with him? - No; I heard him talking with other people.</p>
<p>Are you any relation to the prisoner? - None at all.</p>
<p>In no shape? - In no shape in the world.</p>
<p>COURT. It was mentioned by Drybutter at the beginning of the trial, that the prisoner told him you had these very warrants in your possession? - I know nothing of these warrants, I have warrants in my possession to the amount of about 14 or 1500 l.</p>
<p>You have nothing to do with that transaction with Drybutter? - No; Mr. - my relation, bought a great number of goods for Mr. Davis.</p>
<p>COURT. Do you remember about Midsummer last delivering any warrants to the prisoner that you had of him? - It was very frequent to deliver warrants, because as these warrants were deposited as the goods were sold, the money was paid and the warrants delivered.</p>
<p>Whether about Midsummer last you delivered 2000 l. worth of warrants to the prisoner by way of changing the security, because he represented to Drybutter that he wanted to discharge your securities, and therefore, borrowed this money of him; now whether you at that time did or not deliver out 2000 l. worth of warrants will make a great difference in this business? - I don't recollect that I did.</p>
<p>You must recollect if, he redeemed 2000 l. worth at that time? - No.</p>
<p>How long have you had the warrants in your custody of Davis's? - For these two years they have been changed.</p>
<p>Have you received any since last Midsummer? - No.</p>
<p>Then all you have now in your hands, you had in your hands; before Midsummer? - About that time I suppose it may be.</p>
<p>
<persName id="t17761016-8-person142"> MATTHEW STEVENS
<interp inst="t17761016-8-person142" type="surname" value="STEVENS"/>
<interp inst="t17761016-8-person142" type="given" value="MATTHEW"/>
<interp inst="t17761016-8-person142" type="gender" value="male"/> </persName> sworn.</p>
<p>How long have you known Mr. Davis? - About four years.</p>
<p>What has been his character in life during the time you have known him? - Exceeding good; I lived with lord Grosvenor as his steward, Mr. Davis was recommended to serve
<xptr type="pageFacsimile" doc="177610160019"/> lord Grosvenor with Coals; we have had several transactions with him during the course of that time; he has always behaved with the greatest propriety in every respect; I know no man that ever bore a better character; I have entrusted him with 4 or 500 l. of my own money, which he has laid out for me.</p>
<p>Mr.
<persName id="t17761016-8-person143"> JOHN HYATT
<interp inst="t17761016-8-person143" type="surname" value="HYATT"/>
<interp inst="t17761016-8-person143" type="given" value="JOHN"/>
<interp inst="t17761016-8-person143" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a merchant; I live on College-hill.</p>
<p>How long have you known Mr. Davis? - Between seven and eight years; I knew him while he lived with Mr. Andree: I had the greatest opinion of him, and had a particular friendship for him from his well known character, from being anxious to see him prosper in the world; I have had frequent connections with him till within some few months that I have not seen him; his general character was of the best, and such as I should always be happy to have among my acquaintance in every respect; I came voluntarily to appear in his favour; I was not subpoenaed.</p>
<p>Mr. MATEVIA sworn.</p>
<p>Where do you live? - In Rood-lane.</p>
<p>What is your profession? - A broker and merchant.</p>
<p>I believe you are master to the evidence Slop? - Yes.</p>
<p>How long have you known the prisoner? - Five or six years.</p>
<p>What has been his general character? - None better; I trusted him often, and he has always satisfied me very well.</p>
<p>Mr. - ERNST sworn.</p>
<p>I am a broker, I live in Throgmorton-street: I have known Mr. Davis six or seven years.</p>
<p>What has been his general character during that seven years? - I formed it upon my own private opinion, his general character has been a very honest worthy man, I was glad and desirous, when I broke off the brokerage business, to be in connections with Mr. Davis, on account of the fairness of his dealings, the decency, the honesty I perceived in all his transactions, almost a determined scruple upon every thing that did not appear fair and evident in trade, whenever he did not see any thing clear and fair transacted; I have had not only goods that I purchased for him at the India company, but I have had many and many opportunities to re-purchase goods bought by others and by himself upon warrants; these warrants have continually proved very good, and have never made the least demur in any thing; I must own when he got into the watch-making branch he was out of my line; I have trusted him with a thousand pounds at a time, and would at any time have willingly done it; I came voluntarily, but could not bear to see him in this situation without informing the court of his character.</p>
<p>- JONES sworn.</p>
<p>I am a man's mercer: I have known Mr. Davis for twelve years; he had an extraordinary good character at all times; if he had made application to me for any assistance or any service, I should always have been willing to render it him.</p>
<p>
<persName id="t17761016-8-person144"> WILLIAM DAWSON
<interp inst="t17761016-8-person144" type="surname" value="DAWSON"/>
<interp inst="t17761016-8-person144" type="given" value="WILLIAM"/>
<interp inst="t17761016-8-person144" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in Warwick-lane, and am a watch-case-maker: I have known Mr. Davis two or three years.</p>
<p>What is his general character? - He always paid me, and always behaved as an honest man; that was the character I heard every body give him.</p>
<p>
<persName id="t17761016-8-person145"> ROBERT HUGHES
<interp inst="t17761016-8-person145" type="surname" value="HUGHES"/>
<interp inst="t17761016-8-person145" type="given" value="ROBERT"/>
<interp inst="t17761016-8-person145" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an oil-man in St. Martin's le Grand: I have known Mr. Davis ten or eleven years; he bore an exceeding good character during that time.</p>
<p>
<persName id="t17761016-8-person146"> RICHARD JONES
<interp inst="t17761016-8-person146" type="surname" value="JONES"/>
<interp inst="t17761016-8-person146" type="given" value="RICHARD"/>
<interp inst="t17761016-8-person146" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a clerk in the Bank: I have known Mr. Davis fifteen years, he has bore a universal good character, and esteemed by all his acquaintance as much as any man living.</p>
<p>
<persName id="t17761016-8-person147"> WILLIAM MATTHEWS
<interp inst="t17761016-8-person147" type="surname" value="MATTHEWS"/>
<interp inst="t17761016-8-person147" type="given" value="WILLIAM"/>
<interp inst="t17761016-8-person147" type="gender" value="male"/> </persName> sworn.</p>
<p>I have known Mr. Davis near three years; I have done business for him ever since he has been in the watch business; he always paid me honestly, and bore a general good character.</p>
<p>
<persName id="t17761016-8-person148"> RICHARD PETTIT
<interp inst="t17761016-8-person148" type="surname" value="PETTIT"/>
<interp inst="t17761016-8-person148" type="given" value="RICHARD"/>
<interp inst="t17761016-8-person148" type="gender" value="male"/> </persName> sworn.</p>
<p>I am connected with the commissioners of the sewers for the Borough: I have known Mr. Davis upwards of ten years; I always have heard a very good character of him, besides I have been very intimate with him for several years, and never heard the least shadow
<xptr type="pageFacsimile" doc="177610160020"/> of any thing to the impeachment of his character, till I heard of this affair.</p>
<p>
<persName id="t17761016-8-person149"> EDWARD PRICE
<interp inst="t17761016-8-person149" type="surname" value="PRICE"/>
<interp inst="t17761016-8-person149" type="given" value="EDWARD"/>
<interp inst="t17761016-8-person149" type="gender" value="male"/> </persName> sworn.</p>
<p>I have known the prisoner about ten years; he has an exceeding good character; he is a sober, honest, industrious man, and universally esteemed by all his acquaintance.</p>
<p>Mr.
<persName id="t17761016-8-person150"> THOMAS PLUMMER
<interp inst="t17761016-8-person150" type="surname" value="PLUMMER"/>
<interp inst="t17761016-8-person150" type="given" value="THOMAS"/>
<interp inst="t17761016-8-person150" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a merchant: I have known the prisoner seven years; he has an exceeding good character; I have had several transactions with him, he has behaved exceedingly honourable; I have lent him money and discounted bills, both which were very duly and honourably paid.</p>
<p>- SMITH sworn.</p>
<p>I am an hosier in Cheapside: I have known Mr. Davis between seven and eight years, during which time I always believed him to be an honest man; that was his general character.</p>
<p>
<persName id="t17761016-8-person151"> DANIEL STANLEY
<interp inst="t17761016-8-person151" type="surname" value="STANLEY"/>
<interp inst="t17761016-8-person151" type="given" value="DANIEL"/>
<interp inst="t17761016-8-person151" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a coal-merchant in St. Martin's le Grand: I have known the prisoner five or six years; he has an universal good character; I have done business with him, he always dealt with honour.</p>
<p>After Mr. Justice BLACKSTONE had summed up the evidence, the prisoner addressed himself to the Court as follows:</p>
<p>Prisoner. My Lord, I am informed there is an evidence ready to be examined in my behalf that has not yet been called upon; he was in the country and is just arrived; he will prove how I came by the warrants; his name is Larpell; he is at Snow-hill, I have sent for him; he will prove I received the warrants of one Evanson, who, it is reported, upon my being taken, drowned himself.</p>
<p>To Mr. MATEVIA Do you know any thing of the payment of these warrants, and how they came into Davis's hand? - I know nothing of the warrants; I have paid warrants for him, and he has given me money.</p>
<p>Prisoner. If I said from the anxiety I must be in through my unfortunate situation that I had this warrant of Mr. Matevia, I did not mean so; I am deceived in these warrants, and your lordship will find so; I had them of one Evanson, who, when I was taken, drowned himself; I did not pay him the full amount; I paid him as much as I could.</p>
<p>COURT. Where did Evanson live?</p>
<p>Prisoner. In Tower Royal.</p>
<p>COURT. At what time did you receive them?</p>
<p>Prisoner. I received these warrants about the middle of June from his clerk at my house.</p>
<p>COURT. What time of the day did you receive them?</p>
<p>Prisoner. He came early in the morning; I could not accommodate him then with the money he wanted; I gave it his clerk in the afternoon; the clerk's name is Larpell; I believe there was a person at my house at the same time that can confirm it; I gave him about 14 or 1500 l. in the afternoon, part of which I borrowed of a Mr. Northy.</p>
<p>COURT. You made an application to the court last sessions to put off your trial upon account of the absence of a material witness, Mr. Lloyd; Mr. Lloyd has only given you a character by hearsay, you never mentioned this witness then?</p>
<p>Prisoner. That was another person, a Mr.
<persName id="t17761016-8-person152"> Edward Lloyd
<interp inst="t17761016-8-person152" type="surname" value="Lloyd"/>
<interp inst="t17761016-8-person152" type="given" value="Edward"/>
<interp inst="t17761016-8-person152" type="gender" value="male"/> </persName> , who I expected would have appeared for me, to prove that when they have omitted to indorse warrants, it is customary to leave their clerks to indorse them to prevent hindering goods from going out.</p>
<p>To Mr. MATEVIA. Is it customary for clerks to indorse warrants? - I never heard it.</p>
<p>
<persName id="t17761016-8-person153"> WILLIAM COLVILL
<interp inst="t17761016-8-person153" type="surname" value="COLVILL"/>
<interp inst="t17761016-8-person153" type="given" value="WILLIAM"/>
<interp inst="t17761016-8-person153" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a volunteer in this business, I was clerk to Mr. Matevia: I know Mr. Matevia has paid money to the East India company ; I have wrote Mr. Matevia's name when he was out of the way.</p>
<p>
<persName id="t17761016-8-person154"> ISAAC LARPELL
<interp inst="t17761016-8-person154" type="surname" value="LARPELL"/>
<interp inst="t17761016-8-person154" type="given" value="ISAAC"/>
<interp inst="t17761016-8-person154" type="gender" value="male"/> </persName> sworn.</p>
<p>Counsel for the Prisoner. Mr. Davis, what would you have me ask this witness?</p>
<p>Prisoner. Whether he did not bring about 2000 l. worth of warrants to me?</p>
<p>Larpell. I brought some paper from one Mr. Evanson in May last; I don't know whether they were warrants or not.</p>
<p>COURT. What time in May was it? - About the middle of May.</p>
<p>
<xptr type="pageFacsimile" doc="177610160021"/>What are you? - An enameller.</p>
<p>Are you a clerk to any body? - Not exactly, I do business for any body; I brought the papers from Mr. Evanson to Mr. Davis.</p>
<p>Are you Evanson's clerk, or did you ever act as Evanson's clerk? - No.</p>
<p>You don't know what the papers were? - Not exactly, there was Mr. Barbaud there at that time; they said they were India Bonds or some such things.</p>
<p>Did you bring them to Davis in the morning or the afternoon? - It was about the middle of the day.</p>
<p>Before dinner? - Yes certainly, I left the papers with Mr. Davis.</p>
<p>Did nothing else pass? - Nothing as I remember.</p>
<p>Did he give you no papers in the room of them? - What he delivered to me I delivered to Evanson; I don't know what it was.</p>
<p>Did he pay you 14 or 1500 l.? - I don't know what I paid; I carried some papers.</p>
<p>Where did you come from now? - From a house in Westminster this morning; I have been waiting about here these two hours till a person came and fetched me.</p>
<p>
<rs id="t17761016-8-verdict50" type="verdictDescription">
<interp inst="t17761016-8-verdict50" type="verdictCategory" value="guilty"/> GUILTY </rs>.
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<interp inst="t17761016-8-punish51" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-8-defend96 t17761016-8-punish51"/> Death </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.</p>
<p>When
<persName id="t17761016-8-person155"> William Davis
<interp inst="t17761016-8-person155" type="surname" value="Davis"/>
<interp inst="t17761016-8-person155" type="given" value="William"/>
<interp inst="t17761016-8-person155" type="gender" value="male"/> </persName> was set to the bar with the rest of the capital convicts to receive sentence, upon the clerk of arraigns putting the usual question, What have you to say why Judgment of Death should not be pronounced upon you? he addressed Mr. Serjeant Glynn, the Recorder, in the following words:</p>
<p>I have nothing more to say than that though my heart shudders at the thoughts of the sentence which your lordship is going to pass upon me; yet, what am I more than my fellow companions in tribulation? will your lordship suffer me to lay my unfortunate case before you in a few words?</p>
<p>Though a young man, I am the father of three helpless children - a husband of a loving wife big with a fourth - a son of a tender and an aged mother; all of whom I have supported for many years, not as may be thought by the gain of deceit, but by means of my honest labours.</p>
<p>If justice condemns the action, I can appeal to the Searcher of hearts that it does not my intentions, for I did not intend to deceive any man; I intended to have paid my prosecutor on the 28th of last month, and in order so to do, to have gone to Scotland to receive a sum that was due to me, sufficient for the purpose: were my intentions to deceive, I should have had art enough to have made it appear otherwise before your lordship and the gentlemen of the jury - if instead of fulfilling civil engagements to the amount of 10,000 l. which I have paid the greatest part of; which my credit (which I was very tenacious of) would not have been hurt if I had put it off - I paid 10,000 l. as appears by this book, which I humbly submit to your lordship, and Mr. Smith my banker, who is here, can confirm it, perhaps it may be immaterial - if I had intended to deceive, I should certainly have reserved a sufficient sum to secure to myself greater peace than I now enjoy; for I might have gone off with a much larger sum than 1900 l. in the course of four months after I received it, and I should not have suffered myself to be taken in my own house by Mr. Drybutter, a very little man, who I could have put down with one hand; he took me in my own house, where the greatest opportunity was offered me for escaping - I might say a great deal more, but it would be an intrusion upon your lordship's time.</p>
<p>I beg that in the midst of judgment you will remember mercy, and suffer the cries of a helpless mother, a loving wife, and my helpless children to have access unto your ears: then the blessing of them who are ready to perish, will fall upon you; for my own part, I shall ever pray that the same mercy that has often been extended by your lordship, may be extended to you when you shall appear before a much more awful tribunal than I now have the misfortune to appear before.</p> </div1>
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<p>
<xptr type="pageFacsimile" doc="177610160022"/>737.
<persName id="t17761016-9-defend157" type="defendantName"> WILLIAM LUTWYCHE
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<interp inst="t17761016-9-off52" type="offenceCategory" value="theft"/>
<interp inst="t17761016-9-off52" type="offenceSubcategory" value="grandLarceny"/> stealing a diamond ring set in gold, value 20 s. </rs> the property of
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<p>
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<p>I live in the
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<interp inst="t17761016-9-crimeloc55" type="placeName" value="Spaw-row, Spaw-fields, Islington"/>
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<join result="offencePlace" targOrder="Y" targets="t17761016-9-off52 t17761016-9-crimeloc55"/>: my servant and I had some difference, and she went before justice Blackborough, and swore I struck her; the prisoner and another man came to serve me with a warrant; I had put the ring on the mantle-piece the night before, when I returned from the justice, which was in about a quarter of an hour; I recollected that I saw the prisoner put his hand up to the mantle-piece in the parlour; there were some shells on it; I said to a lady that was there, I could not think what the man did with his hand on the mantle-piece; I looked at my finger, and then recollected that I had put the ring there the night before; I went and looked there for it, and it was gone; upon which the justice granted a warrant, and the ring was found upon the prisoner.</p>
<p>
<persName id="t17761016-9-person161"> WILLIAM LANGLEY
<interp inst="t17761016-9-person161" type="surname" value="LANGLEY"/>
<interp inst="t17761016-9-person161" type="given" value="WILLIAM"/>
<interp inst="t17761016-9-person161" type="gender" value="male"/> </persName> sworn.</p>
<p>I attend justice Blackborough's office: the prosecutrix told me the prisoner had stolen a ring; I got a warrant and took the prisoner at the Oxford-arms; I brought him before justice Blackborough; I searched him and found the ring down the thigh of his breeches, between his breeches and his skin.</p>
<p>[The ring was produced in Court, and deposed to by the prosecutrix.]</p>
<p>PRISONER's DEFENCE.</p>
<p>I found the ring.</p>
<p>'The prisoner called two witnesses, who gave him a good character.'</p>
<p>
<rs id="t17761016-9-verdict56" type="verdictDescription">
<interp inst="t17761016-9-verdict56" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron EYRE.</p>
<p>
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<note>[Branding. See summary.]</note> </rs> </p>
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<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>738.
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<interp inst="t17761016-10-off59" type="offenceCategory" value="theft"/>
<interp inst="t17761016-10-off59" type="offenceSubcategory" value="grandLarceny"/> stealing sixteen printed books bound in leather, entitled,"The Holy Bible with "Notes," value 10 l. </rs> the property of
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<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-10-off59 t17761016-10-cd60"/>.</p>
<p>'The bibles were taken from the prosecutor's</p>
<p>'boy as he was carrying them to</p>
<p>'Mr. Pasham's; but the boy could not swear</p>
<p>'that the prisoner was the man that took</p>
<p>'them: the books were found at the bar</p>
<p>'of a public house kept by one Morris, near</p>
<p>'Temple-bar; but there was no evidence that</p>
<p>'the prisoner left them there.'</p>
<p>
<rs id="t17761016-10-verdict61" type="verdictDescription">
<interp inst="t17761016-10-verdict61" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p> </div1>
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<p>739, 740.
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<interp inst="t17761016-11-off62" type="offenceCategory" value="theft"/>
<interp inst="t17761016-11-off62" type="offenceSubcategory" value="grandLarceny"/> stealing a linen handkerchief, value 16 d. </rs> the property of
<persName id="t17761016-11-victim171" type="victimName"> Richard Belson
<interp inst="t17761016-11-victim171" type="surname" value="Belson"/>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-11-off62 t17761016-11-cd63"/>.</p>
<p>
<persName id="t17761016-11-person172"> RICHARD BELSON
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<interp inst="t17761016-11-person172" type="given" value="RICHARD"/>
<interp inst="t17761016-11-person172" type="gender" value="male"/> </persName> sworn.</p>
<p>On the 23d of September, at about half after seven at night, as I was walking along the
<placeName id="t17761016-11-crimeloc64">Poultry</placeName>
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<p>
<persName id="t17761016-11-person173"> THOMAS VASS
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<interp inst="t17761016-11-person173" type="given" value="THOMAS"/>
<interp inst="t17761016-11-person173" type="gender" value="male"/> </persName> sworn.</p>
<p>On the 23d of September, at about eight in the evening, going along the Poultry I saw Fossett take the handkerchief out of the prosecutor's pocket; Brockley was with him; I followed them and secured them in Aldermanbury, and found the handkerchief in Brockley's pocket; I left them in a house, and went back to the prosecutor.</p>
<p>[The handkerchief was produced in Court, and deposed to by the prosecutor.]</p>
<p>FOSSETT's DEFENCE.</p>
<p>I did not take the handkerchief.</p>
<p>BROCKLEY's DEFENCE.</p>
<p>I found the handkerchief by the Mansion-house.</p>
<p>BOTH
<rs id="t17761016-11-verdict65" type="verdictDescription">
<interp inst="t17761016-11-verdict65" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p>
<p>
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<note>[Whipping. See summary.]</note> </rs> </p> </div1>
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<p>
<xptr type="pageFacsimile" doc="177610160023"/>741.
<persName id="t17761016-12-defend175" type="defendantName"> ELIZABETH BELSON
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<rs id="t17761016-12-off67" type="offenceDescription">
<interp inst="t17761016-12-off67" type="offenceCategory" value="theft"/>
<interp inst="t17761016-12-off67" type="offenceSubcategory" value="grandLarceny"/> stealing a woollen cloth coat, value 20 s. and a woollen cloth waistcoat, value 10 s. </rs> the property of
<persName id="t17761016-12-victim177" type="victimName"> John Bidwell
<interp inst="t17761016-12-victim177" type="surname" value="Bidwell"/>
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<rs id="t17761016-12-cd68" type="crimeDate">September 19th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-12-off67 t17761016-12-cd68"/>.</p>
<p>
<persName id="t17761016-12-person178"> JOHN BIDWELL
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<interp inst="t17761016-12-person178" type="given" value="JOHN"/>
<interp inst="t17761016-12-person178" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
<placeName id="t17761016-12-crimeloc69">Silver-street</placeName>
<interp inst="t17761016-12-crimeloc69" type="placeName" value="Silver-street"/>
<interp inst="t17761016-12-crimeloc69" type="type" value="crimeLocation"/>
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<rs id="t17761016-12-deflabel70" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-12-defend175 t17761016-12-deflabel70"/>; she went away upon Thursday; I did not miss my things till the Sunday following; I went to Mr. Hughes's, for whom a man she cohabited with worked, and told him of it; she came to him to enquire for the man, and he brought her to me; she confessed she had pawned them at Mr. Davis's in the Borough; I went to Mr. Davis's with a constable, and found them tied up in one of my handherchiefs.</p>
<p>Did you make her any promises to induce her to confess? - No.</p>
<p>
<persName id="t17761016-12-person179"> JAMES DUCK
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<interp inst="t17761016-12-person179" type="given" value="JAMES"/>
<interp inst="t17761016-12-person179" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a servant to Mr. Davis, a pawnbroker, in the Borough: I received the coat and waistcoat of the prisoner on the 19th of September; she pledged them in the name of Monk; she had used our shop before by that name.</p>
<p>PRISONER's DEFENCE.</p>
<p>The prosecutor gave me authority to pawn the things.</p>
<p>Prosecutor. I knew nothing of it till the Sunday following.</p>
<p>
<rs id="t17761016-12-verdict71" type="verdictDescription">
<interp inst="t17761016-12-verdict71" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p>
<p>
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<note>[Branding. See summary.]</note> </rs> </p>
<p>
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<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>742.
<persName id="t17761016-13-defend181" type="defendantName"> SARAH HALL
<interp inst="t17761016-13-defend181" type="surname" value="HALL"/>
<interp inst="t17761016-13-defend181" type="given" value="SARAH"/>
<interp inst="t17761016-13-defend181" type="gender" value="female"/> </persName> ,
<rs id="t17761016-13-deflabel74" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-13-defend181 t17761016-13-deflabel74"/>, was indicted for
<rs id="t17761016-13-off75" type="offenceDescription">
<interp inst="t17761016-13-off75" type="offenceCategory" value="theft"/>
<interp inst="t17761016-13-off75" type="offenceSubcategory" value="theftFromPlace"/> stealing three blankets, value 12 s. two linen sheets, value 12 s. a white cotton counterpane, value 20 s. six linen bed curtains, value 16 s. a table cloth, value 2 s. and a linen pillow bier, value 2 s. the property of
<persName id="t17761016-13-person182"> John Barns
<interp inst="t17761016-13-person182" type="surname" value="Barns"/>
<interp inst="t17761016-13-person182" type="given" value="John"/>
<interp inst="t17761016-13-person182" type="gender" value="male"/> </persName> , the said goods being in a certain lodging room let by contract by the said John to the said Sarah </rs>,
<rs id="t17761016-13-cd76" type="crimeDate">September 15th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-13-off75 t17761016-13-cd76"/>.</p>
<p>
<persName id="t17761016-13-victim184" type="victimName"> JOHN BARNS
<interp inst="t17761016-13-victim184" type="surname" value="BARNS"/>
<interp inst="t17761016-13-victim184" type="given" value="JOHN"/>
<interp inst="t17761016-13-victim184" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-13-off75 t17761016-13-victim184"/> </persName> sworn.</p>
<p>I live at the corner of
<placeName id="t17761016-13-crimeloc77">Kirby-street, Hatton-garden</placeName>
<interp inst="t17761016-13-crimeloc77" type="placeName" value="Kirby-street, Hatton-garden"/>
<interp inst="t17761016-13-crimeloc77" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-13-off75 t17761016-13-crimeloc77"/>: I let the prisoner a two-pair of stairs room ready furnished; I went up into the lodgings on Sunday was three weeks, I observed that the lodgings were stripped of almost all the furniture; I missed in 'particular the things mentioned in the indictment (repeating them); she acknowledged that she had pawned them partly at Jones's, a pawnbroker's on Saffron-hill, and partly at Mrs. Bond's in Shoe-lane.</p>
<p>SARAH BOND sworn.</p>
<p>I keep a pawnbroker's shop in Shoe-lane: a woman pawned some things with me by the name of Sarah Hall, particularly these curtains; I believe it to be the prisoner, but I am not positive to her person.</p>
<p>[The curtains were produced in Court, and deposed to by the prosecutor and his wife.]</p>
<p>
<persName id="t17761016-13-person185"> WILLIAM JONES
<interp inst="t17761016-13-person185" type="surname" value="JONES"/>
<interp inst="t17761016-13-person185" type="given" value="WILLIAM"/>
<interp inst="t17761016-13-person185" type="gender" value="male"/> </persName> sworn.</p>
<p>The prisoner pawned with me the several bed cloaths that are produced, all but the blankets.</p>
<p>PRISONER's DEFENCE.</p>
<p>I did pawn the things, but I meant to redeem them; I did not intend to wrong my landlord.</p>
<p>
<rs id="t17761016-13-verdict78" type="verdictDescription">
<interp inst="t17761016-13-verdict78" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.</p>
<p>
<rs id="t17761016-13-punish79" type="punishmentDescription">
<interp inst="t17761016-13-punish79" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17761016-13-punish79" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-13-defend181 t17761016-13-punish79"/>
<note>[Branding. See summary.]</note> </rs> </p>
<p>
<rs id="t17761016-13-punish80" type="punishmentDescription">
<interp inst="t17761016-13-punish80" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-13-defend181 t17761016-13-punish80"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17761016-14">
<interp inst="t17761016-14" type="collection" value="BAILEY"/>
<interp inst="t17761016-14" type="year" value="1776"/>
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<p>743.
<persName id="t17761016-14-defend187" type="defendantName"> ANN PENDRELL
<interp inst="t17761016-14-defend187" type="surname" value="PENDRELL"/>
<interp inst="t17761016-14-defend187" type="given" value="ANN"/>
<interp inst="t17761016-14-defend187" type="gender" value="female"/> </persName> was indicted for
<rs id="t17761016-14-off81" type="offenceDescription">
<interp inst="t17761016-14-off81" type="offenceCategory" value="theft"/>
<interp inst="t17761016-14-off81" type="offenceSubcategory" value="grandLarceny"/> stealing a linen shirt, value 7 s. and a muslin apron, value 1 s. </rs> the property of
<persName id="t17761016-14-victim189" type="victimName"> Edward Egginton
<interp inst="t17761016-14-victim189" type="surname" value="Egginton"/>
<interp inst="t17761016-14-victim189" type="given" value="Edward"/>
<interp inst="t17761016-14-victim189" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-14-off81 t17761016-14-victim189"/> </persName> ,
<rs id="t17761016-14-cd82" type="crimeDate">September 13th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-14-off81 t17761016-14-cd82"/>.</p>
<p>
<persName id="t17761016-14-person190"> EDWARD EGGINTON
<interp inst="t17761016-14-person190" type="surname" value="EGGINTON"/>
<interp inst="t17761016-14-person190" type="given" value="EDWARD"/>
<interp inst="t17761016-14-person190" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
<placeName id="t17761016-14-crimeloc83">Mutton-lane</placeName>
<interp inst="t17761016-14-crimeloc83" type="placeName" value="Mutton-lane"/>
<interp inst="t17761016-14-crimeloc83" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-14-off81 t17761016-14-crimeloc83"/>: the prisoner was my
<rs id="t17761016-14-deflabel84" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-14-defend187 t17761016-14-deflabel84"/>; she absconded on the 13th of September, and on the 14th I missed the things mentioned in the indictment; we took her, and she confessed she had pawned the shirt and apron at Mr. Lowe's on Clerkenwell-green; I made her no promises.</p>
<p>
<persName id="t17761016-14-person191"> JAMES LOWE
<interp inst="t17761016-14-person191" type="surname" value="LOWE"/>
<interp inst="t17761016-14-person191" type="given" value="JAMES"/>
<interp inst="t17761016-14-person191" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker: I took in a muslin apron of the prisoner on the 11th of September, and a shirt on the 12th; she pawned them in the name of
<persName id="t17761016-14-person192"> Ann Pendrell
<interp inst="t17761016-14-person192" type="surname" value="Pendrell"/>
<interp inst="t17761016-14-person192" type="given" value="Ann"/>
<interp inst="t17761016-14-person192" type="gender" value="female"/> </persName> .</p>
<p>[They were produced in Court, and deposed to by the prosecutor.]</p>
<p>
<xptr type="pageFacsimile" doc="177610160024"/>PRISONER's DEFENCE.</p>
<p>I beg pardon; I hope the court will be as favourable as they can: I have no witnesses.</p>
<p>
<rs id="t17761016-14-verdict85" type="verdictDescription">
<interp inst="t17761016-14-verdict85" type="verdictCategory" value="guilty"/> GUILTY of stealing to the value of ten pence </rs>.
<rs id="t17761016-14-punish86" type="punishmentDescription">
<interp inst="t17761016-14-punish86" type="punishmentCategory" value="corporal"/>
<interp inst="t17761016-14-punish86" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-14-defend187 t17761016-14-punish86"/> W </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17761016-15">
<interp inst="t17761016-15" type="collection" value="BAILEY"/>
<interp inst="t17761016-15" type="year" value="1776"/>
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<interp inst="t17761016-15" type="date" value="17761016"/>
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<p>744.
<persName id="t17761016-15-defend194" type="defendantName"> JAMES HAWES
<interp inst="t17761016-15-defend194" type="surname" value="HAWES"/>
<interp inst="t17761016-15-defend194" type="given" value="JAMES"/>
<interp inst="t17761016-15-defend194" type="gender" value="male"/> </persName> was indicted for
<rs id="t17761016-15-off87" type="offenceDescription">
<interp inst="t17761016-15-off87" type="offenceCategory" value="theft"/>
<interp inst="t17761016-15-off87" type="offenceSubcategory" value="grandLarceny"/> stealing a silver milk pot, value 4 s. </rs> the property of
<persName id="t17761016-15-victim196" type="victimName"> Edward Speakman
<interp inst="t17761016-15-victim196" type="surname" value="Speakman"/>
<interp inst="t17761016-15-victim196" type="given" value="Edward"/>
<interp inst="t17761016-15-victim196" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-15-off87 t17761016-15-victim196"/> </persName> ,
<rs id="t17761016-15-cd88" type="crimeDate">September 12th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-15-off87 t17761016-15-cd88"/>.</p>
<p>'It appeared upon the evidence that the 'prisoner went to the prosecutor to enquire</p>
<p>'for one Wright; as soon as he was gone</p>
<p>'the prosecutor's wife missed a milk pot;</p>
<p>'she instantly made an alarm, and the prisoner</p>
<p>'was pursued and taken in a garden</p>
<p>'into which he had ran, which was no</p>
<p>'thoroughfare; he was brought back to the</p>
<p>'prosecutor's house, and the milk pot was</p>
<p>'afterwards found in the garden.'</p>
<p>
<rs id="t17761016-15-verdict89" type="verdictDescription">
<interp inst="t17761016-15-verdict89" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. RECORDER.</p> </div1>
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<interp inst="t17761016-16" type="date" value="17761016"/>
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<p>745, 746.
<persName id="t17761016-16-defend198" type="defendantName"> ELIZABETH BROCKLEY
<interp inst="t17761016-16-defend198" type="surname" value="BROCKLEY"/>
<interp inst="t17761016-16-defend198" type="given" value="ELIZABETH"/>
<interp inst="t17761016-16-defend198" type="gender" value="female"/> </persName> and
<persName id="t17761016-16-defend200" type="defendantName"> ANN PHILLIPS
<interp inst="t17761016-16-defend200" type="surname" value="PHILLIPS"/>
<interp inst="t17761016-16-defend200" type="given" value="ANN"/>
<interp inst="t17761016-16-defend200" type="gender" value="female"/> </persName> were indicted for
<rs id="t17761016-16-off90" type="offenceDescription">
<interp inst="t17761016-16-off90" type="offenceCategory" value="theft"/>
<interp inst="t17761016-16-off90" type="offenceSubcategory" value="grandLarceny"/> stealing a piece of printed cotton containing fifteen yards, value 40 s. </rs> the property of
<persName id="t17761016-16-victim202" type="victimName"> Daniel Allenby
<interp inst="t17761016-16-victim202" type="surname" value="Allenby"/>
<interp inst="t17761016-16-victim202" type="given" value="Daniel"/>
<interp inst="t17761016-16-victim202" type="gender" value="male"/> </persName> and
<persName id="t17761016-16-victim204" type="victimName"> Charles Bonner
<interp inst="t17761016-16-victim204" type="surname" value="Bonner"/>
<interp inst="t17761016-16-victim204" type="given" value="Charles"/>
<interp inst="t17761016-16-victim204" type="gender" value="male"/> </persName> ,
<rs id="t17761016-16-cd91" type="crimeDate">September 25th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-16-off90 t17761016-16-cd91"/>.</p>
<p>
<persName id="t17761016-16-person205"> DANIEL ALLENBY
<interp inst="t17761016-16-person205" type="surname" value="ALLENBY"/>
<interp inst="t17761016-16-person205" type="given" value="DANIEL"/>
<interp inst="t17761016-16-person205" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
<rs id="t17761016-16-viclabel92" type="occupation">linen draper</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-16-victim202 t17761016-16-viclabel92"/>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-16-victim204 t17761016-16-viclabel92"/> in partnership with
<persName id="t17761016-16-person206"> Charles Bonner
<interp inst="t17761016-16-person206" type="surname" value="Bonner"/>
<interp inst="t17761016-16-person206" type="given" value="Charles"/>
<interp inst="t17761016-16-person206" type="gender" value="male"/> </persName> ; the prisoners came to our shop on the 25th of September, and fixed on a piece of cotton in the window; I desired them to walk in; while I was shewing them some cottons another customer came in; I turned to the customer in another part of the shop; my partner came in, and then I returned to wait upon the prisoners; they went out of the shop; a neighbour came in and told me he thought Phillips had got something concealed; I went out and found them standing at a fruit shop; I brought them back; as I was leading Phillips through the shop the cotton fell from her; I saw it white, it was part under her petticoats; there was not any particular mark on it; it corresponded with the cotton I missed.</p>
<p>
<persName id="t17761016-16-person207"> CHARLES BONNER
<interp inst="t17761016-16-person207" type="surname" value="BONNER"/>
<interp inst="t17761016-16-person207" type="given" value="CHARLES"/>
<interp inst="t17761016-16-person207" type="gender" value="male"/> </persName> sworn.</p>
<p>When Phillips was brought back I saw the cotton taken up near her feet in the shop.</p>
<p>
<persName id="t17761016-16-person208"> SIMON EARLE
<interp inst="t17761016-16-person208" type="surname" value="EARLE"/>
<interp inst="t17761016-16-person208" type="given" value="SIMON"/>
<interp inst="t17761016-16-person208" type="gender" value="male"/> </persName> sworn.</p>
<p>I saw something under Phillips's petticoat when she came out of the prosecutor's door, and afterwards at the fruit stall I saw some-hang hang down below her petticoat; she seem ed sensible of it, and tried to hide it; I informed the prosecutor, and he secured them.</p>
<p>'
<persName id="t17761016-16-person209"> JOSEPH THOMPSON
<interp inst="t17761016-16-person209" type="surname" value="THOMPSON"/>
<interp inst="t17761016-16-person209" type="given" value="JOSEPH"/>
<interp inst="t17761016-16-person209" type="gender" value="male"/> </persName> the constable, who</p>
<p>'had the charge of the prisoners, produced the</p>
<p>'cotton, which was deposed to by Bonner.'</p>
<p>The prisoners in their defence denied the fact.</p>
<p>Jury to ALLAMBY. Did Brockley cheapen the cotton? -
<persName id="t17761016-16-person210"> Elizabeth Brockley
<interp inst="t17761016-16-person210" type="surname" value="Brockley"/>
<interp inst="t17761016-16-person210" type="given" value="Elizabeth"/>
<interp inst="t17761016-16-person210" type="gender" value="female"/> </persName> was the person that cheapened the cotton, and kept continually pointing to the pile, in order, I suppose, to divert my attention.</p>
<p>BOTH
<rs id="t17761016-16-verdict93" type="verdictDescription">
<interp inst="t17761016-16-verdict93" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p>
<p>
<rs id="t17761016-16-punish94" type="punishmentDescription">
<interp inst="t17761016-16-punish94" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17761016-16-punish94" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-16-defend198 t17761016-16-punish94"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-16-defend200 t17761016-16-punish94"/>
<note>[Branding. See summary.]</note> </rs> </p>
<p>
<rs id="t17761016-16-punish95" type="punishmentDescription">
<interp inst="t17761016-16-punish95" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-16-defend198 t17761016-16-punish95"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-16-defend200 t17761016-16-punish95"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17761016-17">
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<p>747.
<persName id="t17761016-17-defend212" type="defendantName"> RICHARD ARNOLD
<interp inst="t17761016-17-defend212" type="surname" value="ARNOLD"/>
<interp inst="t17761016-17-defend212" type="given" value="RICHARD"/>
<interp inst="t17761016-17-defend212" type="gender" value="male"/> </persName> was indicted for
<rs id="t17761016-17-off96" type="offenceDescription">
<interp inst="t17761016-17-off96" type="offenceCategory" value="sexual"/>
<interp inst="t17761016-17-off96" type="offenceSubcategory" value="rape"/> feloniously committing a rape on the body of
<persName id="t17761016-17-person213"> Elizabeth Russ
<interp inst="t17761016-17-person213" type="surname" value="Russ"/>
<interp inst="t17761016-17-person213" type="given" value="Elizabeth"/>
<interp inst="t17761016-17-person213" type="gender" value="female"/> </persName> </rs>,
<rs id="t17761016-17-viclabel97" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-17-victim215 t17761016-17-viclabel97"/>,
<rs id="t17761016-17-cd98" type="crimeDate">September 14th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-17-off96 t17761016-17-cd98"/>.</p>
<p>The witnesses were examined apart at the request of the prisoner.</p>
<p>
<persName id="t17761016-17-victim215" type="victimName"> ELIZABETH RUSS
<interp inst="t17761016-17-victim215" type="surname" value="RUSS"/>
<interp inst="t17761016-17-victim215" type="given" value="ELIZABETH"/>
<interp inst="t17761016-17-victim215" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-17-off96 t17761016-17-victim215"/> </persName> sworn.</p>
<p>Tell what passed between the prisoner and you? - I must tell my story as I did before; I had not a pen and ink to set it down.</p>
<p>Who was you servant to? - Mr. Arnold in
<placeName id="t17761016-17-crimeloc99">St. Dunstan's</placeName>
<interp inst="t17761016-17-crimeloc99" type="placeName" value="St. Dunstan's"/>
<interp inst="t17761016-17-crimeloc99" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-17-off96 t17761016-17-crimeloc99"/>; I had been his
<rs id="t17761016-17-viclabel100" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-17-victim215 t17761016-17-viclabel100"/> to the best of my remembrance four months before I was carried to the hospital.</p>
<p>Cannot you tell when you came? - No; I cannot tell what day nor what month.</p>
<p>How long had you lived with him before this happened? - This happened five weeks ago; I lived with him fourteen weeks before, I think; I sat up for my master and a gentleman lodger yesterday was five weeks; about twelve at night my master came in first, and asked me whether my mistress was in bed? I told him she was; he asked me how long she had been in bed? and I told him according to the time; he sat down in his chair and pulled his garters off, and then got up and gave me a kiss; I asked him what that was for? he said, there was no harm in a kiss; I said, yes, there was, as he had got a wife; he then asked me if it was agreeable to me to go to bed with him that night? I said, I should agree to no such thing; he said, if it was not agreeable to me, there was no harm done, and he wanted to be rude with me in the kitchen, he put his hands up my coats; I struggled with him, and told him, if he meddled with me I would cry out; I told him I took him to be a gentleman, and I found him to be a rogue; I bid him let me alone, or I would make an outcry, and desired him to go to bed to his wife; he lit his candle and went to bed: I sat till the gentleman came home, and then I fastened my door and went to bed; I got up the next morning as usual, lit the fire and got breakfast, and packed up my things, intending to go away after breakfast; my mistress was in the kitchen; I said, madam, I am going up stairs to look up my things, I am going away; this might be about half after nine, breakfast was over; she made me some answer, but I don't know what she said; I went to my room, looked up my things, and put them up into two bundles; I thought after I had looked up my things I would make Mr. Dixon's bed; I made the bed, came down with the chamber-pot, and went up again with the pot and put it in its place; coming out of the room, I met my master in the landing-place of the stairs, he took me in his arms; I said, what be you going to do with me? he said, no harm; upon that I cried out murder; he carried me up stairs into the second room, my mistress's bed-room; I struggled with him from one bed-post to the
<xptr type="pageFacsimile" doc="177610160028"/> other; I told him I would die or lose my life before I would yield to him, and I would cry out again; I struggled as long as I had any strength in me; he took me by the two shoulders with my hands behind me, and threw me down upon the bed; after he laid me on the bed, I cried murder, and struggled as long as I could, till I went into a fainting fit; and then he lay with me.</p>
<p>You recovered from the fit? - No; I could not assist myself, I was still in a fainting fit ; I could not get from him; then he lay with me; I felt him in my body, and felt something come from him, but I know not what.</p>
<p>You mean to say you felt his private parts in your private parts? - Yes; and something came from him; after he had lain with me, he violently ran his hand up my body; I felt his hand and fingers in my body, he hurt me very much; I shrieked out, and said, I was almost dead; after that, he went down stairs, and I went into my own bed-room; I was almost half an hour in my own room fainting away; I was obliged to pull my linen off, and afterwards put a cloth.</p>
<p>For what reason was you obliged to pull your linen off? - Because it was so bad with blood; after I had pulled my linen off, and rested a bit, I was ready to faint away; I got down stairs by the bannisters of the stairs, and went and got a drink of water, and then went into the kitchen, and sat about eight minutes, and then he came into the kitchen; he had two gentlemen in a little room with him; I did not see the gentlemen, I only saw their cloaths; he said, Bet, go fetch me some sugar; I said I would not; he said, I should; I said, there was some sugar I had bought of my own, he might have that; he said, that was not enough.</p>
<p>Were the gentlemen gone? - No; they were in the place; he insisted upon my going for the sugar; I told him I did not think I was able to go so far, and I could not go; he insisted upon it I should, and gave me some money to go for the sugar ; but in my fright I did not know what he gave me, whether a sixpence or a shilling.</p>
<p>Did you go? - Yes, I went for the sugar, and put it down on the dresser; the gentlemen were in the passage; I gave him the change.</p>
<p>How far did you go? - A few doors up; I don't know what sugar I brought, whether a pound or half a pound.</p>
<p>What sort was it? - We generally had seven-penny, it was the same I imagine; just as I delivered the change my mistress came in, and a gentlewoman with her, I was crying; she asked me what I was crying for; she said, my eyes were almost out of my head; I said, because my master would not let me alone; I asked her to let me go to a neighbour's house for half an hour, because my master would not let me alone; she gave me leave, and I went to Mrs. Bolton's, she had washed for us; I went into the room crying, the other lodgers came into the room; seeing me crying, Mrs. Bolton wanted to know what was the matter; I would not tell her till they were all gone out of the room; Mrs. Bolton desired to know what was the matter; after I had cried a great while, I told her my master had ruined me, and desired she would go for my mistress; she sent for her; I had a fit which held me an hour; three or four people could hardly hold me; when I came to myself, my mistress sat by my side in a chair, and she had brought a woman with her, to hear, I imagine, what I said; the woman of the room was there all the time; my mistress said to me, Now, Betty, tell me the whole truth what has passed; tell me whether or no your master has been great with you before this; I said, my master never said nothing to me in his life, nor never kissed my lips, nor did any thing bad to me till last night; I said, madam, last night I sat up for Mr. Dixon; you know I always sit up for him of a Friday night.</p>
<p>Did you tell her what you have told us? - The same story; I only told her that he had ruined me, and what he had offered the night before; I mentioned nothing to her of my linen; she never asked me any such thing, and I never resolved her; I thought she might stop my linen; I told my mistress what passed the over night, as I have told now; there was one thing I forgot before, when I went up with Mr. Dixon's chamber-pot, as I was on the stairs, I heard the street door shut; my mistress went out.</p>
<p>This is what you told your mistress? - No, I did not tell my mistress all this; I told my mistress he had ruined me, and what had happened
<xptr type="pageFacsimile" doc="177610160029"/> over night, and what had happened in the morning; and she went away crying, and said, she would hear no more of it; I told her I would swear a rape against him; after she went out, my master came into the room; he pulled his-hat off, and flung at me, and hit me in my eye; I was on my knees on the ground, just come out of a fit, and a woman was holding me; he threw his hat at me, and called me b - h, and said, he had done so and so with me; he said, he had lain with me against my consent; he said, that it was not above three inches in, that he could not get me with child, and that he put his hand into my body; I have three witnesses here that heard it; but he said, I might do as I had a mind; I replied, I would swear on Monday, and would swear nothing but the truth; upon that he went out of the room; I was in fits almost all that day till night, when night came, I came out of my fits and got better: I desired Mrs. Bolton to go to my mistress for my things, if she would not let me have my wages; she went, and she would not let her have them; I said, I must have them; if she would not let me, I must have them by help; she said, if I could go she would go with me; I went with her, and told my mistress I was come for my things, and my mistress said -</p>
<p>Was your master there? - No.</p>
<p>COURT. You must not tell what your mistress said when your master was not present? - I came out with my things, and brought them to this woman's house; none of my friends knew what had happened, I said nothing about it that day; I went to my aunt the day after, she lives in Suffolk-street in the Borough; I said to the woman, if I was able to crawl, I insisted upon going to my aunt's to let her know the affair; she got a man, and he and she went with me to my aunt's; when I came there, my master's brother-in-law was there.</p>
<p>What is his name? - I never heard his name; I had seen him a great many times before; he was telling my aunt the story about my master and me, and wondered my aunt had not heard it; I came in while he was telling my aunt the story; my aunt said, this man tells me you have been great with your master, if you have, I will not encourage you in my house, it cannot be a rape, and desired me to tell her the story; I told her what happened on Saturday; I was very bad, the walking made me worse; they led me out of the kitchen; I said, Aunt, what is the matter with me, I am worse than I was, it seems as if my inside was coming away from me; she bid me not frighten her; upon that, she said she would not encourage me, she could not have the trouble of it: my master's brother wanted a coach to carry me to my master's house; I said, I would not go to my master's house, I would die first, and he ordered Mrs. Bolton and the man that went with me, to take me to my master's house; I said, I would not go; he said I must, and they got me into a coach and ordered the man to drive to my master's; when I came there, I could neither stand nor walk I was so bad; I desired the young man that carried me in, to go for a doctor, to see what was the matter with me; with that a doctor came who is a quaker, a Mr. Vaux; when he came, my master called him into the little room, what he said, I know not; when he came out, I was ordered to go up stairs, and the doctor had me into the bedroom to see what was the matter with me; I said to the doctor. I was very much hurt and injured by my master; that I was a poor woman, and hoped he would do justice on both sides; he told me I was very much hurt and swelled, and I was so; he told me not to fret myself and grieve, for he would get me well so soon as he could; he gave me medicines to cure me.</p>
<p>COURT. Were the medicines to be taken inwardly or to apply outwardly? - To take inwardly; he gave me medicines two or three times a day, and then he said he would give me something for my fits; I had fits all day on Sunday and Monday; on Tuesday I was better, but could not assist myself to make water or any thing; I had a nurse to sit up with me on Tuesday and Wednesday; on Wednesday the doctor came to see me, and said my swelling was better; all the while I was in the house he attended me two or three times a day; he was with me once or twice a day from the Sunday night till the Thursday; on Thursday he brought a doctor to see how I was, and to take me away to a lodging.</p>
<p>
<xptr type="pageFacsimile" doc="177610160030"/>Who was that? - Mr. Grindall; he looked at me, but never said any thing to me how I was; after he went away, now says he, young woman, I will take you away to a country-house.</p>
<p>COURT. You must not mention what he said? - I was carried away to Walworth</p>
<p>What day was that? - The Thursday another doctor came, and dragged me down three pair of stairs; after he left me another strange doctor came to me; I was had away from my master's house by a doctor grown out a little in his back, I never saw him before; he said I must go, and dragged me down three pair of stairs to the lower pair of stairs; I said he would kill me; my legs were under me, sometimes before me, and sometimes behind; the coach was standing at the door; they put me into the coach and carried me to Walworth, and my mistress went in the coach to see where I was ; I was there a week, and the doctor that took me there attended me twice or three times a day; I had a nurse to attend me; I was very bad, and did every thing under me; I could not help myself the least in the world; I was there a week ; I was light headed; he gave me medicines, and at night stuff to make me sleep, but I never slept six hours while I was there; he gave me physic several times, and when it worked me he came to me at night and said I was thoroughly cured and well, that that was all he wanted; I said I was very bad ; he said you must go from this place; he told me my master was to come in the morning to let me know I was not to be any longer in that place; the next day he came again and said, if I was bad, I was bad; if I was well, I was well, but I must go out of the house, and the woman must get me out how she could; the woman told him they that brought me into the house must get me out; he said, he did not know that: the woman said, I must go to the hospital; he said, he did not know that, that he would not do any thing, and she might put me where she would; my mistress came the next day and my master's brother.</p>
<p>Don't tell what passed between your mistress and you. Did you see your master again? - No.</p>
<p>How long did you stay in that house? - A week, then I was sent to the hospital with the fits, and was weak and bad in my inside.</p>
<p>When did you complain to a magistrate? - So soon as I had my senses, and was out of my fits that I could go.</p>
<p>Did you see any more of your friends before you went to the hospital, besides Mrs. Bolton and your aunt? - No.</p>
<p>Which of your friends did you first see at the hospital? - When I came to the hospital I saw my mistress first.</p>
<p>Who of your own friends? - My first cousin, I believe was there.</p>
<p>When did you go before a justice? - The same day I was put into the hospital I went before my lord mayor; it was upon a Thursday I believe, it was the same day I came from Walworth ; I took a coach and went to my lord mayor.</p>
<p>Did any of your friends come to you at Walworth? - They did not know where I was.</p>
<p>Who went with you to my lord mayor? - The woman I lived with before, Williams and Mrs. Remnant, I believe.</p>
<p>Did a Mrs. Archer come to see you at Walworth? - I saw her once, she is a first cousin of mine; she had not seen me a great while; she never heard of me till that night; I told her what my master had done to me.</p>
<p>Cross Examination.</p>
<p>This happened to you on Saturday morning the 14th of September? - Yes, it might be so.</p>
<p>What day was it you quitted your master's house to go to Mrs. Bolton's lodging? - Between eleven and twelve of the same day.</p>
<p>You was very ill? - Yes.</p>
<p>Did you go to bed any time that day? - I was on the bed, in and out of fits, all day long.</p>
<p>What time of night did you go to bed? - I don't know what time of night; it might be nine or ten at night.</p>
<p>Did you get up next morning? - Yes; I don't recollect what time, I got up to breakfast.</p>
<p>
<xptr type="pageFacsimile" doc="177610160031"/>Did you keep in the house all that day? - No, I got out of my fits, and went to my aunt's with a man and woman.</p>
<p>Did you walk to your aunt's? - Best part of the way the man helped me over the places I could not get over; I was carried from there to my master's without my consent.</p>
<p>When this affair happened on Saturday you met your master on the one-pair of stairs? - Yes.</p>
<p>He laid hold of you by the arms and carried you up to the two-pair of stairs? - Yes.</p>
<p>Are they winding stairs, or do they go strait up to a landing place? - It was strait up from the place he took me.</p>
<p>Did you try as he carried you up stairs to get your feet on the stairs, and to push back? - Yes, I did; I had my feet once on the stairs.</p>
<p>Did he carry you before him? - Yes.</p>
<p>When he got you into the two-pair of stairs room he threw you down with your hands under you? - They continued under me a good bit; I got one hand out to try to defend myself, and the other continued under me.</p>
<p>You struggled till you went into a fit? - Yes.</p>
<p>Was you sensible when you was in the fit? - I was not at first, when I came to myself I felt him in my body.</p>
<p>You went and shifted your linen? - Yes, and put it up in a bundle.</p>
<p>How long was it before you came down stairs? - A quarter of an hour, or near half an hour.</p>
<p>Had you your hat on when your master met you? - No, it hung up in the kitchen; I put it on when I came down to prevent the gentlemen seeing me crying, till my mistress came home to tell her the story.</p>
<p>When your master asked you to go for the sugar you argued a good deal with him, and told him you would not go? - I told him I would not go for the sugar.</p>
<p>Were the gentlemen by when all this conversation passed? - The gentlemen were in the little room; this was in the kitchen; my master came to me.</p>
<p>You told us of some doctor that dragged</p>
<p>you down stairs, did he drag you down the three-pair of stairs? - Yes, I had hold of the bannisters; I told him if he dragged me so I should be dead before I got to the bottom.</p>
<p>When you came to my lord mayor, you was in company with a Mrs. Williams and a Mrs. Remnant, a midwife? - Yes.</p>
<p>How long have you known Mrs. Remnant? - Never before; I told my friends I wanted a midwife to see me; I never saw her till the day I came into the hospital.</p>
<p>Who is this Mrs. Williams? - The mother of the mistress I lived with before I came to the prisoner's.</p>
<p>When did she see you? - She came to Walworth the night my cousin Hart came to see me; I never saw them before.</p>
<p>On the Saturday this happened you was not able to go to my lord mayor? - I was not, I was in fits all day.</p>
<p>
<persName id="t17761016-17-person216"> ANN BOLTON
<interp inst="t17761016-17-person216" type="surname" value="BOLTON"/>
<interp inst="t17761016-17-person216" type="given" value="ANN"/>
<interp inst="t17761016-17-person216" type="gender" value="female"/> </persName> sworn.</p>
<p>On this day was five weeks
<persName id="t17761016-17-person217"> Elizabeth Russ
<interp inst="t17761016-17-person217" type="surname" value="Russ"/>
<interp inst="t17761016-17-person217" type="given" value="Elizabeth"/>
<interp inst="t17761016-17-person217" type="gender" value="female"/> </persName> came crying into my room; I was a scouring pewter.</p>
<p>You are a neighbour of hers? - Yes; I washed once at her master's house where she lived.</p>
<p>How near did you live to her master's? - About three or four doors off; she came to me about twelve o'clock, to the best of my knowledge, crying sadly; I insisted upon knowing what ailed her; she was some time before she told me; she at last said her master had used her with violence and ruined her; she cried all the time, and said she wished her mistress did but know; I asked her if I should go for her mistress, she said, yes; I went for her and her mistress came in, and presently after her master; her mistress asked her what her master had done to her; she was in a fit; her master came in; he threw his hat into her face, called her a b - h, and said he only put his hand up her body, and his thing went in but three inches, and that could not get the b - h with child; Mrs. Warton was in the room, and her mistress and her master; Mrs. Warton went out, she could not stand it any longer, I suppose; that is all, I took particular notice of it.</p>
<p>Did not you examine the part to see whether
<xptr type="pageFacsimile" doc="177610160032"/> or no the story was true that she had told you? - I did not look, but her mistress took up her cloaths a little way; she staid with me that Saturday night; on Sunday I took her to her aunt's; I was afraid of her dying in my house; she was very ill that day, she was more in fits than out of them.</p>
<p>What sort of fits, fainting fits, or strong convulsion fits? - They were not fainting fits, she struggled; I could not master her; what sort of fits they were I cannot tell.</p>
<p>Did she beat herself much about? - No.</p>
<p>Could she speak when in fits? - No.</p>
<p>She did not faint? - No.</p>
<p>She did not beat herself much? - To be sure, she struggled, and was in a fit very often.</p>
<p>Was she subject to fits before? - I don't know; she told me she never had a fit in her life; I never had seen her but once before.</p>
<p>Was she able to take any refreshment with you that day? - She did not eat once to my knowledge.</p>
<p>Did she drink any thing? - She might drink some water; I don't know whether she drank any thing else or no.</p>
<p>The next day you went with her to her aunt's? - Yes, being better I got the young man to help me lead her there; we were a long time getting her there; I staid some time at her aunt's house; there was a relation of her master's there, who afterwards took her in a coach to her master's.</p>
<p>Cross Examination.</p>
<p>She struggled very much? - A good deal; she has been worse since.</p>
<p>Do you remember what time she went to bed that night? - I don't know for certain, she was on the bed almost all day; she went to bed before me; it was the very day the fire happened.</p>
<p>
<persName id="t17761016-17-person218"> JANE ANDREWS
<interp inst="t17761016-17-person218" type="surname" value="ANDREWS"/>
<interp inst="t17761016-17-person218" type="given" value="JANE"/>
<interp inst="t17761016-17-person218" type="gender" value="female"/> </persName> sworn.</p>
<p>Do you know
<persName id="t17761016-17-person219"> Elizabeth Russ
<interp inst="t17761016-17-person219" type="surname" value="Russ"/>
<interp inst="t17761016-17-person219" type="given" value="Elizabeth"/>
<interp inst="t17761016-17-person219" type="gender" value="female"/> </persName> ? - No more than her coming to the room of the last witness.</p>
<p>Do you remember any story you heard on the 14th of September? - I don't know the day of the month, but it was in the forenoon.</p>
<p>Was you in the room at any time about this day five weeks when
<persName id="t17761016-17-person220"> Elizabeth Russ
<interp inst="t17761016-17-person220" type="surname" value="Russ"/>
<interp inst="t17761016-17-person220" type="given" value="Elizabeth"/>
<interp inst="t17761016-17-person220" type="gender" value="female"/> </persName> came in? - I was in my own room, and my door was open; I saw this young woman come up stairs; my room is up three-pair of stairs forwards; she came up crying; I said to Mrs. Pratt, what is the matter with that young woman? by that time she came to the top, I heard her stamp with her foot and shrick, I followed her into the room, and asked what was the matter?</p>
<p>Whose room was she in? - Mrs. Bolton's; I said, what is the matter? the young woman saw me, and said shut the door and let nobody in; I said again, what is the matter? Mrs. Bolton laid her hand on her, and said, what is the matter? then I went down into my own room; a little after Mrs. Bolton came down and spoke to me, and I went up into the room to her.</p>
<p>How long after you went out was that? - I cannot say; it was a little time after.</p>
<p>Did you go up with Mrs. Bolton into her room? - Not then.</p>
<p>Did the young woman ever tell you what happened to her? - Her master and mistress soon after came out of the room; her mistress said, do tell before these good people the rights of the thing; she still insisted her master had ruined her, and cried.</p>
<p>But did not particularly explain herself? - Lying with her and forcing her.</p>
<p>Did she say her master had lain with her? - She did say before her master, that he had lain with her, and forced her against her consent; I heard that several times; she told me many times that, -</p>
<p>Did she tell you in what manner he had served her? - Not so much to me as to her; I have a bad memory from a fever, and could not remember many things that were said.</p>
<p>
<persName id="t17761016-17-person221"> SUSANNA HART
<interp inst="t17761016-17-person221" type="surname" value="HART"/>
<interp inst="t17761016-17-person221" type="given" value="SUSANNA"/>
<interp inst="t17761016-17-person221" type="gender" value="female"/> </persName> sworn.</p>
<p>I live in Kennington-lane. of Kennington-road; I am a relation to
<persName id="t17761016-17-person222"> Elizabeth Russ
<interp inst="t17761016-17-person222" type="surname" value="Russ"/>
<interp inst="t17761016-17-person222" type="given" value="Elizabeth"/>
<interp inst="t17761016-17-person222" type="gender" value="female"/> </persName> .</p>
<p>When did you first hear of what has happened to this unfortunate young woman? - To the best of my knowledge it was the 23d day of the month; I think it was on a Monday;
<xptr type="pageFacsimile" doc="177610160033"/> I believe it was the Monday se'nnight after it happened, then I heard she was at her master's house; I concluded I should not go there to see her till she was moved; I found she was at Walworth ; I heard that from a woman she had lived with before; I went that night with her late mistres's mother and a relation of mine to Walworth to see her; when I saw her, I asked her how she did? she told me she was very ill; I desired her to relate the whole affair to me; she told me her master treated her exceeding ill, and ravished her; that the night before he committed the rape, while she sat up for the lodger and her master, her master came home first, sat down by the fire, undid his garters, and got up and kissed her; that she resented it, and he said there was no harm in a kiss; she said there was, as he had a wife of his own; that after that he put his hands up her petticoats, and she struggled with him, and then he went to bed; that she got up in the morning and did some of her work, and intended to go and pack up her things, and go after she had made the lodger's bed; that she went up with the chamber-pot, and that as she came out of the room she met her master on the stairs; that when she went up she thought her mistress was up stairs, but she heard the door shut afterwards; she told me her master had ravished her, and told me the particulars; I examined her, and according to the appearance I saw, I think she had been used extremely ill; this was on the Tuesday se'nnight after it was done, according to the best of my rememberance.</p>
<p>What were the appearances from whence you concluded she was used very ill? - From the outside appearance, she seem'd to have received bodily hurt, she seemed exceedingly sore and inflamed.</p>
<p>JURY. How long have you known this young woman? - I have known her ever since she was about five or six years old.</p>
<p>Do you know any thing whether she was subject to fits? - I never knew her having any thing, but once a fainting fit upon a fright, her mistress's child appearing to be almost dead.</p>
<p>Had you opportunities of being with her much? - Not very much; her father and mother left her very young; she was bound out by the parish, and then she went to service; she was bound out to a relation; I have enquired at the places I knew she had lived at, if she was subject to fits, and cannot find that she has had more than one.</p>
<p>
<persName id="t17761016-17-person223"> MARY SIMKINS
<interp inst="t17761016-17-person223" type="surname" value="SIMKINS"/>
<interp inst="t17761016-17-person223" type="given" value="MARY"/>
<interp inst="t17761016-17-person223" type="gender" value="female"/> </persName> sworn.</p>
<p>I live in the house with Mrs. Bolton; I was in my own room; I heard a noise; they said Mr. Arnold's maid was in fits; I did not go up directly; I went up afterwards and she was out of fits and on the bed; I saw her linen; she told me her master had ruined her, and told me in what manner he had served her.</p>
<p>In what manner did she tell you he had served her? - That he had run his hand up her body, and after that was concerned with her.</p>
<p>How did her linen appear? - Very bad; I thought there was blood upon her linen.</p>
<p>Any other appearances but blood? - Nothing else.</p>
<p>Cross Examination.</p>
<p>Where did you see this linen? - Up stairs at Mrs. Warton's house.</p>
<p>The linen she had on? - No; the linen she pulled of; it was brought there.</p>
<p>JURY. How high is the house you live in? - Four story; I live in the two pair of stairs.</p>
<p>Mr. GRINDALL sworn.</p>
<p>I think it was on the Wednesday after the Saturday that this thing is said to be done on, that I was desired by Mr. Vaux to meet him to examine the young woman who lived at Mr. Arnold's; I did meet him, and went up to the bed-room where she lay and examined her thoroughly, as much as possibly I could; I was surprized to hear what she charged her master with, for I never saw in my life less reason to suppose a woman had been injured; and as to the hand, so far from the parts being sore, or being hurt, there was not the least swelling, the least inflammation, not the least discolouring; there was not the least reason to believe she had been so treated, as there must have been matter from the sore; upon passing my finger the passage was so narrow as scarcely to admit it; the parts did not seem the least torn.</p>
<p>As these were the appearances, what was you called in for? - Mr. Vaux, who is a
<xptr type="pageFacsimile" doc="177610160034"/> Quaker, thought from the young woman's charging her master, that somebody should be called upon to give affidavit; he agreed with me, that the fits were all that was the matter with her, and that a little country air would do her good.</p>
<p>He agreed with you in the appearances? - Yes; I afterwards went to St. Thomas's, and examined her with Mr. Smith and the sister of the ward, and my assistant; we all agreed upon the appearances; she was brought into St. Thomas's last Thursday was three weeks ; I have no reason to believe any thing had been done to her; I thought on one side from the appearances that she had been scratching herself with her own nails; there appeared a scratch that was not there when I first saw her; there was no appearances of swelling or inflammation; there was at that time two or three streaks of blood on her shift, as if made with her finger stroked down.</p>
<p>Did you see
<persName id="t17761016-17-person224"> Susanna Hart
<interp inst="t17761016-17-person224" type="surname" value="Hart"/>
<interp inst="t17761016-17-person224" type="given" value="Susanna"/>
<interp inst="t17761016-17-person224" type="gender" value="female"/> </persName> before the lord mayor? - No.</p>
<p>She has described very strong appearances two days before ; if she had been as she has sworn, could she have been so well on the Thursday? - I should think certainly not.</p>
<p>Counsel for the Prisoner. Do you think it possible to discover an internal hurt with the naked eye? - It must be hurt externally before it can be internally.</p>
<p>PRISONER's DEFENCE.</p>
<p>On Friday night I came home and sat down on the chair, at which time she and I agreed to lie together that night; she promised if the family were all a-bed to come to bed to me as she had done before.</p>
<p>FOR THE PRISONER.</p>
<p>Mr.
<persName id="t17761016-17-person225"> THOMAS SMITH
<interp inst="t17761016-17-person225" type="surname" value="SMITH"/>
<interp inst="t17761016-17-person225" type="given" value="THOMAS"/>
<interp inst="t17761016-17-person225" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a surgeon of St. Thomas's Hospital; the prosecutrix came to the hospital on Thursday the 26th of September; Mr. Grindall and I examined her the day following; there was not the least inflammation, extension, or laceration; so far from the hand entering, there was scarce room to enter my little finger into her private parts.</p>
<p>What do you think as to what
<persName id="t17761016-17-person226"> Susanna Hart
<interp inst="t17761016-17-person226" type="surname" value="Hart"/>
<interp inst="t17761016-17-person226" type="given" value="Susanna"/>
<interp inst="t17761016-17-person226" type="gender" value="female"/> </persName> swears of the appearances on the 24th? - I cannot believe what she says can be true; there did not appear to have been the least laceration whatever at any time.</p>
<p>- CORNISH sworn.</p>
<p>I went by the desire of Mr. Vaux to Mr. Arnold's, to go with the prosecutrix to Walworth ; I found her in bed; she said she could not get up, nor she could not go; I said, she might get up with assistance; the nurse assisted her to get up; she put her stockings on, and put her feet upon the stairs, and slipped down the stairs from stair to stair with very little of my assistance.</p>
<p>What did Mr. Vaux give her medicines for? - Only for the fits; she was subject to fits of the hysteric kind; I gave her only internal medicines; I went with her to Walworth and attended her once or twice a day there; I prescribed only for the fits.</p>
<p>Did she converse with you? - Yes; only on the subject of her fits.</p>
<p>Did she make any complaint of any other disorder? - She only complained of her head and stomach.</p>
<p>Did the treat you with familiarity as a person she had no objection or aversion to? - Yes.</p>
<p>When she went back to her master's did she go with her own consent or not? - I don't know.</p>
<p>Whether she went from her master's to Walworth with her own consent? - Very willingly; she went for the benefit of the air; Mr. Vaux thought her very low from the fits.</p>
<p>Did she complain to you of any thing besides her head and stomach? - No.</p>
<p>Did she complain of any soreness or any inflammation in any part of her body? - She never did.</p>
<p>
<persName id="t17761016-17-person227"> ELIZABETH WARTON
<interp inst="t17761016-17-person227" type="surname" value="WARTON"/>
<interp inst="t17761016-17-person227" type="given" value="ELIZABETH"/>
<interp inst="t17761016-17-person227" type="gender" value="female"/> </persName> sworn.</p>
<p>I am a lodger in the house the prosecutrix first came to.</p>
<p>Do you remember the time when she came there on the Saturday? - I don't remember the time; I did not see her come in.</p>
<p>Do you remember her going out at any time? - There was a fire and she went out; I lit her a candle at my room door.</p>
<p>What time was the fire? - Between three and four o'clock she got up and lit her candle;
<xptr type="pageFacsimile" doc="177610160035"/> she went out at the time of the fire; where she went, I don't know; I have a shop below, and lie in the one pair of stairs.</p>
<p>Cross Examination.</p>
<p>Did you hear any conversation between the prisoner, his wife, Russ, and Bolton? - She sent for Mrs. Arnold; I went for her; through my persuasion she came; she had not heard what was the matter; when we came in, the prosecutrix was in sits on the bed; when she came to herself, she said, her master had ill-used her; she went into sits again, and fell backwards on the bed, and her mistress examined her; she lay extended on her back, I saw no appearance of any thing, there was no mark on her shift.</p>
<p>Did you see no appearance of blood? - None at all.</p>
<p>Had she any cloth on? - None at all.</p>
<p>Are you sure of that? - Perfectly sure.</p>
<p>Was she in a convulsive fit or what? - I don't know what fit.</p>
<p>Did she lay still while Mrs. Arnold searched? - She did not struggle; I believe she did not know Mrs. Arnold searched her; she told her afterwards, she said nothing to it.</p>
<p>You are sure Mrs. Arnold told her she had searched her? - Yes, I am perfectly sure of that, I heard her.</p>
<p>
<persName id="t17761016-17-person228"> THOMAS FELLOWS
<interp inst="t17761016-17-person228" type="surname" value="FELLOWS"/>
<interp inst="t17761016-17-person228" type="given" value="THOMAS"/>
<interp inst="t17761016-17-person228" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in Crutched Friars, I am a Cooper; I have known Mr. Arnold twenty-three years; I was at his house on Saturday morning the 14th of September, about eleven o'clock, in the left hand parlour.</p>
<p>How far from the kitchen? - But a very little way.</p>
<p>Do you remember seeing Russ there? - Yes; Mr. Arnold asked me to come in and have a little wine and water with him; upon that he wanted some sugar; he said his wife was out and had taken the keys with her, but he would send for some; he put his hand in his pocket and gave her a shilling at the room door, and bid her go for some sugar and make haste; she did, and returned in five or six minutes.</p>
<p>Did she argue with her master and say she could not go nor would not go? - She did not; she seemed to be in perfect health, she went very cheerfully, and returned so; I never heard any bad character of the prisoner; he was always an industrious man, and a man that bore a very good character.</p>
<p>Cross Examination.</p>
<p>She did not go out of the house with any reluctance? - Not a bit.</p>
<p>- DOBBINS sworn.</p>
<p>I live in Rood-lane, Fenchurch-street, I am a taylor: I have known Mr. Arnold sixteen or eighteen years; I never heard any thing bad of his character in my life.</p>
<p>- DIXON sworn.</p>
<p>I lodge at Mr. Arnold's house; I have lodged there about seven years; he always bore a good character.</p>
<p>Do you remember the time you came home on the Friday night before this happened? - It might be one o'clock.</p>
<p>
<persName id="t17761016-17-person229"> GODFREY SPRINGALL
<interp inst="t17761016-17-person229" type="surname" value="SPRINGALL"/>
<interp inst="t17761016-17-person229" type="given" value="GODFREY"/>
<interp inst="t17761016-17-person229" type="gender" value="male"/> </persName> sworn.</p>
<p>I have known the prisoner eleven years; he always bore a good character.</p>
<p>
<persName id="t17761016-17-person230"> EDWARD HALFHYDE
<interp inst="t17761016-17-person230" type="surname" value="HALFHYDE"/>
<interp inst="t17761016-17-person230" type="given" value="EDWARD"/>
<interp inst="t17761016-17-person230" type="gender" value="male"/> </persName> sworn.</p>
<p>I have been intimately acquainted with him nine years; I never heard to the contrary but he has a very good character.</p>
<p>The Lord Mayor was too ill to sit upon the bench during the Trial, but his Lordship came into Court previous to the evidence being summoned up to the Jury by Mr. Baron EYRE.</p>
<p>The Rt. Hon. the LORD MAYOR sworn.</p>
<p>I understand from Mr. Baron Eyre's summing up of the evidence, that the prosecutrix has deposed here,</p>
<p>'that she was in a fit; that</p>
<p>'upon recovering from that fit, she found he</p>
<p>'had emitted in her;' before me she declared,</p>
<p>'that it was the weight of his body that kept</p>
<p>'her from struggling, and that she was in her</p>
<p>'senses the whole time:' I understand, from the learned Judge's summing up, that she has said,' she went afterwards to pack up her</p>
<p>'things;' before me she said,</p>
<p>'she had packed</p>
<p>'them up before, because her mistress had</p>
<p>'given her warning; that she shifted her linen</p>
<p>'and put on a cloth, but pulled it off before</p>
<p>'she went to Bolton's house;' she stated to me that Mr. Vaux had said,</p>
<p>'she had been</p>
<p>'used extremely ill;' Mr. Vaux said before me in her presence,</p>
<p>'that he never had said</p>
<p>'any such thing; all he said to her was, don't
<xptr type="pageFacsimile" doc="177610160036"/> ' be alarmed, you shall be taken care of; to</p>
<p>'that she made no answer.'</p>
<p>
<rs id="t17761016-17-verdict101" type="verdictDescription">
<interp inst="t17761016-17-verdict101" type="verdictCategory" value="guilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the London Jury before Mr. Baron EYRE.</p> </div1>
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<p>748.
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<rs id="t17761016-18-off103" type="offenceDescription">
<interp inst="t17761016-18-off103" type="offenceCategory" value="theft"/>
<interp inst="t17761016-18-off103" type="offenceSubcategory" value="theftFromPlace"/> taking away with intent to steal, embezzle, and purloin a pair of linen sheets, value 10 s. the property of
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<interp inst="t17761016-18-person233" type="given" value="James"/>
<interp inst="t17761016-18-person233" type="gender" value="male"/> </persName> , being in a lodging room let by contract by the said James to the said William and Mary </rs>, against the statute, &c.
<rs id="t17761016-18-cd104" type="crimeDate">September 3d</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-18-off103 t17761016-18-cd104"/>.</p>
<p>
<persName id="t17761016-18-victim235" type="victimName"> JAMES BRANWOOD
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<join result="offenceVictim" targOrder="Y" targets="t17761016-18-off103 t17761016-18-victim235"/> </persName> sworn.</p>
<p>The prisoner came to my house under pretence of taking a lodging; she got the key and went up stairs immediately after; she soon came down with the key, went out of the house, and never returned again; when I looked the sheets were gone; they were found pawned at
<persName id="t17761016-18-person236"> Lawrence Pierson
<interp inst="t17761016-18-person236" type="surname" value="Pierson"/>
<interp inst="t17761016-18-person236" type="given" value="Lawrence"/>
<interp inst="t17761016-18-person236" type="gender" value="male"/> </persName> 's about that time.</p>
<p>
<persName id="t17761016-18-person237"> LAWRENCE PIERSON
<interp inst="t17761016-18-person237" type="surname" value="PIERSON"/>
<interp inst="t17761016-18-person237" type="given" value="LAWRENCE"/>
<interp inst="t17761016-18-person237" type="gender" value="male"/> </persName> sworn.</p>
<p>I received a pair of sheets of the prisoner in pawn.</p>
<p>[They were produced in Court, and deposed to by the prosecutor.]</p>
<p>PRISONER's DEFENCE.</p>
<p>I was in great distress or I should not have done it.</p>
<p>
<rs id="t17761016-18-verdict105" type="verdictDescription">
<interp inst="t17761016-18-verdict105" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Baron EYRE.</p>
<p>
<rs id="t17761016-18-punish106" type="punishmentDescription">
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<note>[Branding. See summary.]</note> </rs> </p>
<p>
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<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>749.
<persName id="t17761016-19-defend239" type="defendantName"> PATRICK MOONEY
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<interp inst="t17761016-19-defend239" type="given" value="PATRICK"/>
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<interp inst="t17761016-19-off108" type="offenceCategory" value="theft"/>
<interp inst="t17761016-19-off108" type="offenceSubcategory" value="grandLarceny"/> stealing a cloth coat, value 10 s. a cloth waistcoat, value 5 s. a pair of cloth breeches, value 2 s. a feather-bed, value 10 s. and a cotton bed quilt, value 2 s. </rs> the property of
<persName id="t17761016-19-victim241" type="victimName"> William Simmonds
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<interp inst="t17761016-19-victim241" type="given" value="William"/>
<interp inst="t17761016-19-victim241" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-19-off108 t17761016-19-victim241"/> </persName> ,
<rs id="t17761016-19-cd109" type="crimeDate">Sept. 18th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-19-off108 t17761016-19-cd109"/>.</p>
<p>
<persName id="t17761016-19-person242"> WILLIAM SIMMONDS
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<interp inst="t17761016-19-person242" type="given" value="WILLIAM"/>
<interp inst="t17761016-19-person242" type="gender" value="male"/> </persName> sworn.</p>
<p>I am
<rs id="t17761016-19-viclabel110" type="occupation">mate of the
<placeName id="t17761016-19-crimeloc111">William and Elizabeth, a merchant vessel</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17761016-19-off108 t17761016-19-crimeloc111"/> </rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-19-victim241 t17761016-19-viclabel110"/>, that lay off
<placeName id="t17761016-19-crimeloc112">New Crane Dock</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17761016-19-off108 t17761016-19-crimeloc112"/> in the month of September, and part of this month: on the 6th of October last I lost my bed and bedding out of the cabin; I lost before that, a suit of Pompadour cloaths.</p>
<p>
<persName id="t17761016-19-person243"> DAVID YOUNG
<interp inst="t17761016-19-person243" type="surname" value="YOUNG"/>
<interp inst="t17761016-19-person243" type="given" value="DAVID"/>
<interp inst="t17761016-19-person243" type="gender" value="male"/> </persName> sworn.</p>
<p>I am master of the William and Elizabeth; I heard the prisoner make a confession before the justice, which was taken in writing.</p>
<p>COURT. Then you must not give a verbal account of it.</p>
<p>
<persName id="t17761016-19-person244"> THOMAS RAMSAY
<interp inst="t17761016-19-person244" type="surname" value="RAMSAY"/>
<interp inst="t17761016-19-person244" type="given" value="THOMAS"/>
<interp inst="t17761016-19-person244" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker; I live near the Hermitage: upon the 21st of September, the prisoner pawned this coat, waistcoat, and breeches, in the name of
<persName id="t17761016-19-person245"> William Simmonds
<interp inst="t17761016-19-person245" type="surname" value="Simmonds"/>
<interp inst="t17761016-19-person245" type="given" value="William"/>
<interp inst="t17761016-19-person245" type="gender" value="male"/> </persName> (producing them).</p>
<p>Prosecutor. They are my cloaths, my name is worked upon them.</p>
<p>
<persName id="t17761016-19-person246"> THOMAS BAKER
<interp inst="t17761016-19-person246" type="surname" value="BAKER"/>
<interp inst="t17761016-19-person246" type="given" value="THOMAS"/>
<interp inst="t17761016-19-person246" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a bailiff's follower; I live with one Robinson a bailiff in Gravel-lane: I took the prisoner with this bed and bedding, having just pitched it off his shoulder, after he came on shore with it; I asked him what he had got? he said, his bed and bedding; I asked him where he was going with them? he said, he did not know where to carry them, but that he had taken them out of the ship, they being his own; after some time he owned it was the mate's bed and bedding; there was no promise made him in order to induce him to make this confession; I took him before Justice Sherwood, who committed him.</p>
<p>
<persName id="t17761016-19-person247"> WILLIAM ORD
<interp inst="t17761016-19-person247" type="surname" value="ORD"/>
<interp inst="t17761016-19-person247" type="given" value="WILLIAM"/>
<interp inst="t17761016-19-person247" type="gender" value="male"/> </persName> sworn.</p>
<p>I belong to a ship that laid along side of the William and Elizabeth: I heard a noise on Sunday was se'nnight on board the William and Elizabeth; I went on board and called to know what the matter was, it being quite dark, though I don't recollect the hour; the prisoner jumped up, and said, he belonged to that vessel; I asked him what he could be doing there at that time of night; he struck at me, and endeavoured to knock me down, but I escaped that; he had some bedding lay at the door of the cabin, and said it was his own, and he should take it on shore; I was not able to stop him; I followed him, and watched him; he struck at me for so doing several times; he went on shore with it; I followed him at a proper distance; when I saw him pitch the load off his shoulder, and Baker came up, I told him the story, and he was secured.</p>
<p>
<xptr type="pageFacsimile" doc="177610160037"/>Prosecutor. The bed and bedding is my property.</p>
<p>PRISONER's DEFENCE.</p>
<p>I leave myself to the mercy of the Court.</p>
<p>
<rs id="t17761016-19-verdict113" type="verdictDescription">
<interp inst="t17761016-19-verdict113" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.</p>
<p>
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<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<p>750.
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<interp inst="t17761016-20-defend249" type="surname" value="DOWDAL"/>
<interp inst="t17761016-20-defend249" type="given" value="JOHN"/>
<interp inst="t17761016-20-defend249" type="gender" value="male"/> </persName> was indicted for
<rs id="t17761016-20-off115" type="offenceDescription">
<interp inst="t17761016-20-off115" type="offenceCategory" value="theft"/>
<interp inst="t17761016-20-off115" type="offenceSubcategory" value="grandLarceny"/> stealing two pieces of silk and yarn fell-bell, containing ten yards, value 4 l. 10 s. </rs> the property of
<persName id="t17761016-20-victim251" type="victimName"> John Conner Croushan
<interp inst="t17761016-20-victim251" type="surname" value="Conner Croushan"/>
<interp inst="t17761016-20-victim251" type="given" value="John"/>
<interp inst="t17761016-20-victim251" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17761016-20-off115 t17761016-20-victim251"/> </persName> ,
<rs id="t17761016-20-cd116" type="crimeDate">October 1st</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-20-off115 t17761016-20-cd116"/>.</p>
<p>
<persName id="t17761016-20-person252"> JOHN CONNER CROUSHAN
<interp inst="t17761016-20-person252" type="surname" value="CONNER CROUSHAN"/>
<interp inst="t17761016-20-person252" type="given" value="JOHN"/>
<interp inst="t17761016-20-person252" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in Spitalfields; I sent ten yards and a half of fell-bell to Mr. Blackshaw in Tavistock-street by my boy, and it was taken from him; I know nothing of it myself.</p>
<p>
<persName id="t17761016-20-person253"> JOHN GEORGE FREETOFFE
<interp inst="t17761016-20-person253" type="surname" value="GEORGE FREETOFFE"/>
<interp inst="t17761016-20-person253" type="given" value="JOHN"/>
<interp inst="t17761016-20-person253" type="gender" value="male"/> </persName> .</p>
<p>What age are you? - Just turned of twelve.</p>
<p>Do you know the nature of an oath? - No.</p>
<p>Do you know what will become of people that swear falsly? - They will go to hell.</p>
<p>[He is sworn.]</p>
<p>Did you receive any fell-bell from your master to carry to Mr. Blackshaw in Tavistock-street? - Yes; a man met me in
<placeName id="t17761016-20-crimeloc117">Fleet-street</placeName>
<interp inst="t17761016-20-crimeloc117" type="placeName" value="Fleet-street"/>
<interp inst="t17761016-20-crimeloc117" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-20-off115 t17761016-20-crimeloc117"/>, and asked me where I was going? I told him; he said, he was just come from Mr. Blackshaw's, and was going to my master's, and I must give him the piece; I gave him the piece; I don't think the prisoner is the man.</p>
<p>
<persName id="t17761016-20-person254"> THOMAS FENTON
<interp inst="t17761016-20-person254" type="surname" value="FENTON"/>
<interp inst="t17761016-20-person254" type="given" value="THOMAS"/>
<interp inst="t17761016-20-person254" type="gender" value="male"/> </persName> sworn.</p>
<p>One Clews offered to sell this velvet in a public house, the Golden-fleece in Fleece-court, to one Mr. Binley; I took Binley aside, and told him it was stole, and secured it and Clews; there was one Rooke with him, who is not taken; I never saw the prisoner.</p>
<p>
<persName id="t17761016-20-person255"> FRANCIS ROOKE
<interp inst="t17761016-20-person255" type="surname" value="ROOKE"/>
<interp inst="t17761016-20-person255" type="given" value="FRANCIS"/>
<interp inst="t17761016-20-person255" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in Skinner-street: the prisoner brought this fell-bell to me, and asked me what it was worth; I told him I had made some of the same sort, but never sold a yard of it in my life.</p>
<p>
<persName id="t17761016-20-person256"> WILLIAM BINLEY
<interp inst="t17761016-20-person256" type="surname" value="BINLEY"/>
<interp inst="t17761016-20-person256" type="given" value="WILLIAM"/>
<interp inst="t17761016-20-person256" type="gender" value="male"/> </persName> sworn.</p>
<p>Last Saturday was week, I met the prisoner in Spitalfields-market ; he asked me if I would buy a bargain, and offered me this velvet at 4 s. a yard; he said, he received it for a bad debt, and he wanted money.</p>
<p>
<persName id="t17761016-20-person257"> RICHARD CLEWS
<interp inst="t17761016-20-person257" type="surname" value="CLEWS"/>
<interp inst="t17761016-20-person257" type="given" value="RICHARD"/>
<interp inst="t17761016-20-person257" type="gender" value="male"/> </persName> sworn.</p>
<p>Last Saturday was week I met the prisoner and another man at the King's head, the corner of King street, Spitalfields; he asked me if I could sell a piece of shag for him; I took it to the Golden-fleece, and offered it to Mr. Berry; another gentleman who was present said, he would buy it; we went over to Mr. Berry's house; they left me in the compting-house, and came out and told me it was stole; I told them I had left a person at the public house I had it of; and we went and took the prisoner.</p>
<p>[The velvet was produced in Court, and sworn to by the prosecutor.]</p>
<p>PRISONER's DEFENCE.</p>
<p>I did not give it to Clews.</p>
<p>'The prisoner called four witnesses, who</p>
<p>'gave him a good character.'</p>
<p>
<rs id="t17761016-20-verdict118" type="verdictDescription">
<interp inst="t17761016-20-verdict118" type="verdictCategory" value="guilty"/>
<interp inst="t17761016-20-verdict118" type="verdictSubcategory" value="theftunder1s"/> GUILTY of stealing to the value of ten-pence. </rs>
<rs id="t17761016-20-punish119" type="punishmentDescription">
<interp inst="t17761016-20-punish119" type="punishmentCategory" value="corporal"/>
<interp inst="t17761016-20-punish119" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-20-defend249 t17761016-20-punish119"/> W </rs>.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17761016-21">
<interp inst="t17761016-21" type="collection" value="BAILEY"/>
<interp inst="t17761016-21" type="year" value="1776"/>
<interp inst="t17761016-21" type="uri" value="sessionsPapers/17761016"/>
<interp inst="t17761016-21" type="date" value="17761016"/>
<join result="criminalCharge" id="t17761016-21-off120-c216" targOrder="Y" targets="t17761016-21-defend259 t17761016-21-off120 t17761016-21-verdict125"/>
<join result="criminalCharge" id="t17761016-21-off120-c217" targOrder="Y" targets="t17761016-21-defend261 t17761016-21-off120 t17761016-21-verdict127"/>
<p>751, 752.
<persName id="t17761016-21-defend259" type="defendantName"> WILLIAM DOVER otherwise
<rs id="t17761016-21-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17761016-21-defend259 t17761016-21-alias-1"/>THOMPSON</rs>
<interp inst="t17761016-21-defend259" type="surname" value="DOVER otherwise"/>
<interp inst="t17761016-21-defend259" type="given" value="WILLIAM"/>
<interp inst="t17761016-21-defend259" type="gender" value="male"/> </persName> , and
<persName id="t17761016-21-defend261" type="defendantName"> JAMES OGILVIE
<interp inst="t17761016-21-defend261" type="surname" value="OGILVIE"/>
<interp inst="t17761016-21-defend261" type="given" value="JAMES"/>
<interp inst="t17761016-21-defend261" type="gender" value="male"/> </persName> , were indicted for that they
<rs id="t17761016-21-off120" type="offenceDescription">
<interp inst="t17761016-21-off120" type="offenceCategory" value="violentTheft"/>
<interp inst="t17761016-21-off120" type="offenceSubcategory" value="highwayRobbery"/> in the king's highway, in and upon Mary the wife of
<persName id="t17761016-21-person262"> Joseph Dickinson
<interp inst="t17761016-21-person262" type="surname" value="Dickinson"/>
<interp inst="t17761016-21-person262" type="given" value="Joseph"/>
<interp inst="t17761016-21-person262" type="gender" value="male"/> </persName> feloniously did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black silk purse with two silver rings, value 2 s. and one guinea and ten shillings in monies numbered, the property of the said Joseph </rs>,
<rs id="t17761016-21-cd121" type="crimeDate">September 27th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-21-off120 t17761016-21-cd121"/>.</p>
<p>Mrs.
<persName id="t17761016-21-victim264" type="victimName"> MARY DICKINSON
<interp inst="t17761016-21-victim264" type="surname" value="DICKINSON"/>
<interp inst="t17761016-21-victim264" type="given" value="MARY"/>
<interp inst="t17761016-21-victim264" type="gender" value="female"/> </persName> sworn.</p>
<p>I am the
<rs id="t17761016-21-viclabel122" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-21-victim264 t17761016-21-viclabel122"/> of Mr.
<persName id="t17761016-21-victim266" type="victimName"> Joseph Dickinson
<interp inst="t17761016-21-victim266" type="surname" value="Dickinson"/>
<interp inst="t17761016-21-victim266" type="given" value="Joseph"/>
<interp inst="t17761016-21-victim266" type="gender" value="male"/> </persName> : on Friday the 27th of September, as I was taking the air in my own carriage near Finchley, at about ten minutes after three in the afternoon we were attacked on
<placeName id="t17761016-21-crimeloc123">Finchley Common</placeName>
<interp inst="t17761016-21-crimeloc123" type="placeName" value="Finchley Common"/>
<interp inst="t17761016-21-crimeloc123" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-21-off120 t17761016-21-crimeloc123"/> (there were four ladies in the coach with me) by two persons on horseback; one came on the side of the coach, the other on the other; they bid the coachman stop, which he did; the man on the left hand side opened the door with the glass up, and said, Ladies, your money and your purses; the other asked for our rings and watches; we all gave them our purses;
<xptr type="pageFacsimile" doc="177610160038"/> my purse contained a guinea, ten shillings in silver, and two silver rings, it was a black silk purse; both the men that robbed us had crapes over their faces, so I could not distinguish their features; they took nothing else from me; we told them we had no watches, they received the answer very civilly, and rode off, leaving the door open; I was in so much hurry of spirits at the time, that I could not distinguish their faces at the time, nor can I recollect the size of either of them.</p>
<p>CONYERS
<persName id="t17761016-21-person267"> TOBIAS METCALF
<interp inst="t17761016-21-person267" type="surname" value="METCALF"/>
<interp inst="t17761016-21-person267" type="given" value="TOBIAS"/>
<interp inst="t17761016-21-person267" type="gender" value="male"/> </persName> sworn.</p>
<p>I am footman to Mr. Dickinson: I was standing behind the coach at the time the robbery was committed; a man came on the left hand with a crape over his face; he called three times, Stop, coachman; there was another on the road with a crape over his face; the man on the left hand opened the door, glass and all; the man on the right stooped down in order to look into the coach, but did not open the door; the man on the left hand asked for watches and jewels, the other for their money; I observed them all the time; I looked on the left hand side, and observed the man's face as plain as possible for any man to see another's face through a crape; but I will not positively swear to the features of that man that stood on the left hand, he appeared to me to be pale, long-visaged, and pock-frettened; I could not distinguish the colour of his eye-brows, but believe him to be the prisoner Ogilvie, from the circumstances I have mentioned, that he answered the description of the idea I had formed to myself; I will not be positive that Ogilvie is the very man, but I believe he is; I took much more notice of the man who was on horseback on the right hand, and who stooped down by the window; I am positive that is Dover; I am more positive to him than I could be to the other, because as he stooped down, the crape hung loose, and there was a wind at the same time which blew it away from his face, so that I had a full opportunity of contemplating the features of his face for upwards of two minutes; I was ordered by the man on the left hand to look back; I put my hand upon the back of the coach, and instead of looking back, I turned my back to the man on the left hand, and looked stedfastly at the man on the right; I am positive that was Dover; after they had robbed the ladies they rode off, presently afterwards Mr. Elliott came by on horseback; I made signs to him that those two men that were riding off were the men that had robbed the coach. Dover had on a brown close coat with a red collar, had his hair clubbed behind, and had a yellow metal buckle in his stock; Oglivie had a brownish coat, I took it to be a frock, it was made in a frock fashion, and something of a brownish collar.</p>
<p>
<persName id="t17761016-21-person268"> JOSEPH GRANT
<interp inst="t17761016-21-person268" type="surname" value="GRANT"/>
<interp inst="t17761016-21-person268" type="given" value="JOSEPH"/>
<interp inst="t17761016-21-person268" type="gender" value="male"/> </persName> sworn.</p>
<p>I am the coachman that drove the ladies; the two highwaymen bid me stop; they ordered me to look forward, which I did; I cannot swear to their persons.</p>
<p>
<persName id="t17761016-21-person269"> JAMES TARLING
<interp inst="t17761016-21-person269" type="surname" value="TARLING"/>
<interp inst="t17761016-21-person269" type="given" value="JAMES"/>
<interp inst="t17761016-21-person269" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a farmer, and keep a public house called Brown's-wells; on Finchley Common ; I saw two men ride by at a quarter past three o'clock, and a man came by and said a robbery had been committed upon a coach that was then in sight: Mr. Elliot came up, and told me the circumstances of the robbery; we agreed to pursue them; I mounted my mare and followed Mr. Elliot who set out first; I was best mounted, and soon overtook him; he shewed me the men; I passed Elliott, and rode after them, and drove them both through Highgate; they turned down Cane-wood-lane ; then I cried, stop, highwaymen; they had before that slacked their pace; they set off again, I drove them up towards the Spaniards ; Dover alighted at the sand-pit near the Spaniards: they were both mounted on dark horses; I took them for black, being hot.</p>
<p>To METCALF. What colour were the men's horses? - Both were of a dark colour.</p>
<p>GRANT. Both were dark Brown.</p>
<p>TARLING. The other man whom we did not take, kept up towards the Spaniards ; I kept my eye upon Dover, and pursued him; I had got within thirty yards of him, he then turned a corner short, there I lost fight of him; I looked over the hedge and could not see him; therefore I took it for granted that he had hid himself in the ditch; not knowing how he might be armed, I did nothing till further assistance came up; I hollooed out in order to intimidate the man, Come along, for yonder he goes: Mr. Elliot came up, then we went back to the ditch; I called out, Come out like a man, or I will use you worse than a dog;
<xptr type="pageFacsimile" doc="177610160039"/> upon which he peeped out; Mr. Elliot came up, and we secured him, but found no pistols upon him; we took him to Hampstead, and hired a coach to carry him to Sir
<persName id="t17761016-21-person270"> John Fielding
<interp inst="t17761016-21-person270" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person270" type="given" value="John"/>
<interp inst="t17761016-21-person270" type="gender" value="male"/> </persName> 's; I saw him in the coach take the crape from under his hat; I thought he had put it into his pocket; when he came to Sir
<persName id="t17761016-21-person271"> John Fielding
<interp inst="t17761016-21-person271" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person271" type="given" value="John"/>
<interp inst="t17761016-21-person271" type="gender" value="male"/> </persName> 's, he was searched, but it was not in his pocket; I afterwards examined the coach, which was then upon the stand, but it was not above half an hour after I had left it, and the coachman said, he had not had a fare since the time the prisoner was in it; I found the crape under the cushion: it was dark that night before I got home; the next morning I searched the ditch that I saw him alight at, and there I found this pocket pistol (producing it) under the grass hill; it was primed and loaded.</p>
<p>
<persName id="t17761016-21-person272"> JAMES ELLIOT
<interp inst="t17761016-21-person272" type="surname" value="ELLIOT"/>
<interp inst="t17761016-21-person272" type="given" value="JAMES"/>
<interp inst="t17761016-21-person272" type="gender" value="male"/> </persName> sworn.</p>
<p>I was walking my horse on the road on Finchley Common: I met two men riding very quick; I was going to Mr. Tarling's.</p>
<p>Do you know either of the men that were riding swift? - Yes, one of them.</p>
<p>Had they any disguise at that time? - None; the prisoner Dover is the man.</p>
<p>I called at Mr. Tarling's, a man rode up and said, you met two men riding very fast? I said, I did; he said, those two men had just robbed a gentleman's coach that was coming along; I saw a footman pointing over the coach; Tarling said, if you have a mind to go back, I will go in pursuit of them; Mr. Tarling followed me, we came as far as Highgate, they turned round towards Lord Mansfield's house; when we came near the Spaniards, at the sand-pit, we got up to Dover, he jumped off his horse and got over into the field; Mr. Tarling had got into the field; when I came up, he beckoned to me; I went into the field, I broke a piece of old hurdle off, Mr. Tarling had his whip, he was on one side of him, I on the other; we told him to come out like a man, and we would not hurt him; so he did come out; we secured him, and took him in a coach to Sir
<persName id="t17761016-21-person273"> John Fielding
<interp inst="t17761016-21-person273" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person273" type="given" value="John"/>
<interp inst="t17761016-21-person273" type="gender" value="male"/> </persName> 's.</p>
<p>What colour was his horse? - A kind of darkish brown mare.</p>
<p>What kind of horse had the other? - They gallopped so quick by me, I did not take notice.</p>
<p>From DOVER. Whether I did not take both the purses out of my pocket when in the coach, between Highgate and London, and let him see I had nothing in them? - I believe he did take the purses out to shew there was nothing in them; one was green, as to the other two, for I am pretty sure there were three, I don't remember their colour.</p>
<p>
<persName id="t17761016-21-person274"> GEORGE EASTER
<interp inst="t17761016-21-person274" type="surname" value="EASTER"/>
<interp inst="t17761016-21-person274" type="given" value="GEORGE"/>
<interp inst="t17761016-21-person274" type="gender" value="male"/> </persName> sworn.</p>
<p>I am the ostler at the Red-lion in Gray's-inn-lane: I saddled a horse out for Ogilvie; it was a dark brown, with a star in his forehead, on the Friday before Michaelmas-day, about eleven in the morning; he did not bring him back that night, the horse was put up at Mr. White's, the White-lion at Paddington; my master advertised it, and he was brought home in a day or two after.</p>
<p>You are sure it was Ogilvie that it was lent to? - That is the person (Ogilvie).</p>
<p>Was Ogilvie by himself at that time? - He came down the yard by himself.</p>
<p>Did any body stand at the gate-way? - Yes; a young gentleman who was on horseback.</p>
<p>Do you know that young gentleman? - I believe the other prisoner is the gentleman that went out along with him.</p>
<p>Are you positive? - I will not be positive.</p>
<p>But what do you think? - I think that is the gentleman.</p>
<p>Did you ever see him before? - No.</p>
<p>Had you known any thing of Ogilvie before? - No.</p>
<p>Where was this horse to go to? - I don't know.</p>
<p>What was to be paid for it? - I don't know ; my master let the horse out, they did not tell me where it was to go to.</p>
<p>How long have you lived with your master? - A twelvemonth.</p>
<p>How many horses does your master keep? - Six or seven hack horses.</p>
<p>Was it not something surprizing to you if he was not used to let horses out? - No.</p>
<p>
<persName id="t17761016-21-person275"> JAMES WILD
<interp inst="t17761016-21-person275" type="surname" value="WILD"/>
<interp inst="t17761016-21-person275" type="given" value="JAMES"/>
<interp inst="t17761016-21-person275" type="gender" value="male"/> </persName> sworn.</p>
<p>I live at the White-lion at Paddington ; Ogilvie is almost like the gentleman that brought the horse to our house, it was upon a Friday, at near four o'clock.</p>
<p>The Friday before Michaelmas? - Yes.</p>
<p>Did the horse appear to have been rode hard? - Yes; he was all of a sweat.</p>
<p>
<xptr type="pageFacsimile" doc="177610160040"/>What account did he give of himself? - He told me to take great care of the horse; he did not tell me where he came from; he walked away to town.</p>
<p>Did you never see any more of him? - No; he never called any more at our house.</p>
<p>How came you to find out that it belonged to the man in Gray's inn-lane? - It was advertised, and he had his horse again.</p>
<p>To ELLIOT. Where was the horse put up? - At the Wrestlers at Highgate; the proprietor of the horse has got him now.</p>
<p>How came that? - He gave us the value of the horse; at least as much as satisfied us.</p>
<p>COURT. The persons who take highwaymen are entitled to the horse he rides; it is proper stable-keepers should know that.</p>
<p>
<persName id="t17761016-21-person276"> JOSEPH CATLEY
<interp inst="t17761016-21-person276" type="surname" value="CATLEY"/>
<interp inst="t17761016-21-person276" type="given" value="JOSEPH"/>
<interp inst="t17761016-21-person276" type="gender" value="male"/> </persName> sworn.</p>
<p>I live at the Greyhound in Tash-street, Gray's-inn-lane: my master lets horses; I let a horse to Dover on Friday the 27th of September.</p>
<p>Do you know Dover? - Yes.</p>
<p>Did he frequently hire horses of you? - I knew him only hire horses the week before.</p>
<p>What horse was it? - A brown horse.</p>
<p>To WILD. Was it a mare or a horse you lent? - A horse.</p>
<p>To CATLEY. Was yours a horse you lent to Dover? - My fellow servant put him upon it; I recommended him to my master, he being an acquaintance of mine; I don't know whether it was a horse or a mare; he set him up.</p>
<p>Did you ever recommend him to your master before? - Yes; one time on a Monday.</p>
<p>Where was this horse to go to? - He hired him to go to Hampstead; I was not present when he mounted, so I don't know what horse he had, I was at a different yard; my master has two yards.</p>
<p>Was no one with him? - The first time there was not; I did not see him go the second time; they hired one of Mr. Hancock a neighbour, besides.</p>
<p>
<persName id="t17761016-21-person277"> RICHARD HANCOCK
<interp inst="t17761016-21-person277" type="surname" value="HANCOCK"/>
<interp inst="t17761016-21-person277" type="given" value="RICHARD"/>
<interp inst="t17761016-21-person277" type="gender" value="male"/> </persName> sworn.</p>
<p>I keep stables and let horses; I let a dark brown mare on the 27th of September to Dover; I believe Ogilvie was with him, but I will not be positive; they came about eleven o'clock; I went down to Highgate and redeemed the horse.</p>
<p>Had you ever let any horse to either of them before? - Yes, on the Monday and Tuesday before, this happened on the Friday, I let a horse to Dover.</p>
<p>Where was this horse hired to go to on the Friday? - Plaistow in Essex; the same on Monday and Tuesday before.</p>
<p>Where do you live? - In Gray's-inn-lane.</p>
<p>DOVER's DEFENCE.</p>
<p>I am entirely innocent of the affair.</p>
<p>OGILVIE. I should like to put a few questions to the footman.</p>
<p>What kind of hair had the highwayman?</p>
<p>METCALF. I did not notice his hair, nor never mentioned his hair.</p>
<p>From OGILVIE. Had he boots or spurs? - That I never noticed, nor never mentioned.</p>
<p>OGILVIE's DEFENCE.</p>
<p>I am entirely innocent; it surprizes me to hear that man differ so much in his evidence, to what he did at Sir
<persName id="t17761016-21-person278"> John Fielding
<interp inst="t17761016-21-person278" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person278" type="given" value="John"/>
<interp inst="t17761016-21-person278" type="gender" value="male"/> </persName> 's; he said, it was impossible before Sir
<persName id="t17761016-21-person279"> John Fielding
<interp inst="t17761016-21-person279" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person279" type="given" value="John"/>
<interp inst="t17761016-21-person279" type="gender" value="male"/> </persName> to know my face, there being a double crape upon it; he said before Sir
<persName id="t17761016-21-person280"> John Fielding
<interp inst="t17761016-21-person280" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person280" type="given" value="John"/>
<interp inst="t17761016-21-person280" type="gender" value="male"/> </persName> , that the man he took to be me, had neither boots nor spurs on.</p>
<p>METCALF. There was never any thing mentioned about boots and spurs before Sir
<persName id="t17761016-21-person281"> John Fielding
<interp inst="t17761016-21-person281" type="surname" value="Fielding"/>
<interp inst="t17761016-21-person281" type="given" value="John"/>
<interp inst="t17761016-21-person281" type="gender" value="male"/> </persName> ; as to Ogilvie's hair, I believe it was pinned up at that time.</p>
<p>FOR THE PRISONER.</p>
<p>
<persName id="t17761016-21-person282"> JOHN WHITEWOOD
<interp inst="t17761016-21-person282" type="surname" value="WHITEWOOD"/>
<interp inst="t17761016-21-person282" type="given" value="JOHN"/>
<interp inst="t17761016-21-person282" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a carpenter; I have known Dover for these twelve months; he is an honest man as far as I know of him, he has paid me my wages; he was clerk at that time to the master I worked for.</p>
<p>
<persName id="t17761016-21-person283"> LAWRENCE JONES
<interp inst="t17761016-21-person283" type="surname" value="JONES"/>
<interp inst="t17761016-21-person283" type="given" value="LAWRENCE"/>
<interp inst="t17761016-21-person283" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a carpenter; I worked for the same master; I have known Dover these twelve months; he was
<rs id="t17761016-21-deflabel124" type="occupation">clerk</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-21-defend259 t17761016-21-deflabel124"/> to my master, he always paid my wages justly.</p>
<p>
<persName id="t17761016-21-person284"> MARY JONES
<interp inst="t17761016-21-person284" type="surname" value="JONES"/>
<interp inst="t17761016-21-person284" type="given" value="MARY"/>
<interp inst="t17761016-21-person284" type="gender" value="female"/> </persName> sworn.</p>
<p>I am wife of the last witness: I know nothing more of him than my husband has told me.</p>
<p>
<xptr type="pageFacsimile" doc="177610160041"/>
<persName id="t17761016-21-person285"> ELIZABETH WEDGEWOOD
<interp inst="t17761016-21-person285" type="surname" value="WEDGEWOOD"/>
<interp inst="t17761016-21-person285" type="given" value="ELIZABETH"/>
<interp inst="t17761016-21-person285" type="gender" value="female"/> </persName> sworn.</p>
<p>My husband is a carpenter, and worked in the same yard; Dover paid my husband his wages very honestly, and used to come to our house.</p>
<p>
<persName id="t17761016-21-person286"> JOHN OLIVER
<interp inst="t17761016-21-person286" type="surname" value="OLIVER"/>
<interp inst="t17761016-21-person286" type="given" value="JOHN"/>
<interp inst="t17761016-21-person286" type="gender" value="male"/> </persName> sworn.</p>
<p>When Dover was with me, I practised surgery in Oxford-street.</p>
<p>Don't you practise surgery now? - No, chemistry; he was with me some time about two years ago.</p>
<p>In what capacity? - Shopman.</p>
<p>You was an apothecary as well as surgeon, was you? - I was.</p>
<p>How long did he continue in the capacity of shopman with you? - I cannot say, perhaps six weeks.</p>
<p>What is his character? - I had a very good character of him from a man in Bloomsbury-square, and I know nothing to the contrary.</p>
<p>Did you give him a good character when he parted from you? - He did not send for any character.</p>
<p>Should you have given him a good character if he had? - I should.</p>
<p>From the Jury to WILD. What cloaths had the man on that left the horse at Paddington? - The same cloaths he has on now.</p>
<p>Are you sure he is the man? - I am.</p>
<p>DOVER
<rs id="t17761016-21-verdict125" type="verdictDescription">
<interp inst="t17761016-21-verdict125" type="verdictCategory" value="guilty"/> GUILTY </rs>.
<rs id="t17761016-21-punish126" type="punishmentDescription">
<interp inst="t17761016-21-punish126" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-21-defend259 t17761016-21-punish126"/> Death </rs>.</p>
<p>OGILVIE
<rs id="t17761016-21-verdict127" type="verdictDescription">
<interp inst="t17761016-21-verdict127" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.</p> </div1>
<div1 type="trialAccount" id="t17761016-22">
<interp inst="t17761016-22" type="collection" value="BAILEY"/>
<interp inst="t17761016-22" type="year" value="1776"/>
<interp inst="t17761016-22" type="uri" value="sessionsPapers/17761016"/>
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<p>753, 754.
<persName id="t17761016-22-defend288" type="defendantName"> ROBERT SMITH
<interp inst="t17761016-22-defend288" type="surname" value="SMITH"/>
<interp inst="t17761016-22-defend288" type="given" value="ROBERT"/>
<interp inst="t17761016-22-defend288" type="gender" value="male"/> </persName> and
<persName id="t17761016-22-defend290" type="defendantName"> JOHN SMITTON
<interp inst="t17761016-22-defend290" type="surname" value="SMITTON"/>
<interp inst="t17761016-22-defend290" type="given" value="JOHN"/>
<interp inst="t17761016-22-defend290" type="gender" value="male"/> </persName> were indicted for that they
<rs id="t17761016-22-off128" type="offenceDescription">
<interp inst="t17761016-22-off128" type="offenceCategory" value="violentTheft"/>
<interp inst="t17761016-22-off128" type="offenceSubcategory" value="highwayRobbery"/> in a certain field and open place near the king's highway, in and upon
<persName id="t17761016-22-person291"> John Waterfield
<interp inst="t17761016-22-person291" type="surname" value="Waterfield"/>
<interp inst="t17761016-22-person291" type="given" value="John"/>
<interp inst="t17761016-22-person291" type="gender" value="male"/> </persName> feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, value 10 s. the property of the said John </rs>,
<rs id="t17761016-22-cd129" type="crimeDate">September 22d</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-22-off128 t17761016-22-cd129"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-22-off135 t17761016-22-cd129"/>.</p>
<p>
<persName id="t17761016-22-victim293" type="victimName"> JOHN WATERFIELD
<interp inst="t17761016-22-victim293" type="surname" value="WATERFIELD"/>
<interp inst="t17761016-22-victim293" type="given" value="JOHN"/>
<interp inst="t17761016-22-victim293" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
<rs id="t17761016-22-viclabel130" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-22-victim293 t17761016-22-viclabel130"/> out of place: I was with my wife at Kensington on the 22d of September; I returned from thence to London between seven and eight o'clock in the evening; we were at the river-head in
<placeName id="t17761016-22-crimeloc131">Hyde-park</placeName>
<interp inst="t17761016-22-crimeloc131" type="placeName" value="Hyde-park"/>
<interp inst="t17761016-22-crimeloc131" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-22-off128 t17761016-22-crimeloc131"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-22-off135 t17761016-22-crimeloc131"/> at near eight o'clock; going towards Grosvenor-gate, we were met by the two prisoners; Smith caught me by the waistcoat at the neck, and bid me give him my money; I said I had nothing but a few half-pence in my waistcoat pocket; Smith felt my things; I had stocking breeches on; he found I had no money in my breeches pocket; he said, have you got a watch? I said I had; my wife interposed, and came up between us; I shifted my watch into my breeches and saved it; Smith called to the other prisoners to bring up a pistol; he came up and held the pistol at about a quarter of a yard distance from me; my wife cried out murder; upon which Smith gave me a knock or two with his fist over my head, and snatched off my hat, and ran away; my wig fell upon the ground, but my hat was carried off: there was a third man that stood by a young woman that was walking with us with a pistol; that man threatened to shoot her if she made any noise; but I did not observe, nor did I understand that the young woman was robbed, nor was my wife robbed; they went off, as I suppose, towards Kensington: on the Wednesday following I saw the prisoner Smith at justice Durden's; I knew him to be the same man; the other prisoner was taken up three or four days after; I saw him upon an examining day at Sir
<persName id="t17761016-22-person294"> John Fielding
<interp inst="t17761016-22-person294" type="surname" value="Fielding"/>
<interp inst="t17761016-22-person294" type="given" value="John"/>
<interp inst="t17761016-22-person294" type="gender" value="male"/> </persName> 's; I knew him to be the other man; it was a moonlight night, I took notice of the two persons; Smith was dressed as he is now, the other had a black coat on; I took notice of Smith, by a particular circumstance, his neck is rather away; I observed that at the time; I know Smith too by his voice: I described the persons who had robbed me at Sir
<persName id="t17761016-22-person295"> John Fielding
<interp inst="t17761016-22-person295" type="surname" value="Fielding"/>
<interp inst="t17761016-22-person295" type="given" value="John"/>
<interp inst="t17761016-22-person295" type="gender" value="male"/> </persName> 's and justice Durden's; I described Smith to be a tall thin young fellow in a brown coat, a light coloured waistcoat, and black breeches, with his head awry; the other I described to be a thin face man with a black coat.</p>
<p>
<persName id="t17761016-22-person296"> JANE WATERFIELD
<interp inst="t17761016-22-person296" type="surname" value="WATERFIELD"/>
<interp inst="t17761016-22-person296" type="given" value="JANE"/>
<interp inst="t17761016-22-person296" type="gender" value="female"/> </persName> sworn.</p>
<p>I am the wife of the last witness: a young woman, who did not belong to us, was walking behind us; Smith came up to my husband
<xptr type="pageFacsimile" doc="177610160042"/> and demanded his money, my husband said he had none; Smith felt his breeches pocket, they struggled and got hold of the chain of his watch and said, D - n you, Sir, you have a watch; I came up between them and said, my friend, my husband has got no money at all, but I have money; I believe he did not hear that, for he struck my husband two or three times, but my husband got the watch away from him; Smith then snatched his hat off, his wig fell upon the grass; they all ran away, I ran after them and cried out, murder, thieves, three or four times, upon which they all lay down upon the grass; two of them had pistols, the other had not; one held a pistol near my face; Smith, when he had hold of my husband, called up the other man to bring a pistol; as to the third man he stood at a distance doing nothing, the young woman stood likewise at a good distance, and the third man was not, as I saw, near the young woman; they said nothing at all to the young woman as I heard; they never asked for my money nor the young woman's; I took particular notice of Smith, I remarked his wry neck and noticed his face; I can swear to him, but cannot swear particularly to Smitton.</p>
<p>
<persName id="t17761016-22-person297"> HENRY JONES
<interp inst="t17761016-22-person297" type="surname" value="JONES"/>
<interp inst="t17761016-22-person297" type="given" value="HENRY"/>
<interp inst="t17761016-22-person297" type="gender" value="male"/> </persName> sworn.</p>
<p>I took up Smith in consequence of an information given at Sir
<persName id="t17761016-22-person298"> John Fielding
<interp inst="t17761016-22-person298" type="surname" value="Fielding"/>
<interp inst="t17761016-22-person298" type="given" value="John"/>
<interp inst="t17761016-22-person298" type="gender" value="male"/> </persName> 's of the persons who had committed this robbery; Hyde knew him by his wry neck.</p>
<p>
<persName id="t17761016-22-person299"> JAMES HYDE
<interp inst="t17761016-22-person299" type="surname" value="HYDE"/>
<interp inst="t17761016-22-person299" type="given" value="JAMES"/>
<interp inst="t17761016-22-person299" type="gender" value="male"/> </persName> sworn.</p>
<p>We found fire-arms and a bludgeon in the place where Smith lodged, that is, it was in the house where he lodges in a lost which did not immediately communicated with the room where he was, but the passage to it opens by the door of that room, and there were other lodgers in the house.</p>
<p>'Both the prisoners in their defence denied</p>
<p>'the charge, and said they were in another</p>
<p>'place at the time the robbery was committed.'</p>
<p>'Smitton called one witness who had known</p>
<p>'him from his youth, and who said he had</p>
<p>'never heard any harm of him till lately, but</p>
<p>'knew he had been tried there very lately.'</p>
<p>SMITH
<rs id="t17761016-22-verdict132" type="verdictDescription">
<interp inst="t17761016-22-verdict132" type="verdictCategory" value="guilty"/> GUILTY </rs>.
<rs id="t17761016-22-punish133" type="punishmentDescription">
<interp inst="t17761016-22-punish133" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17761016-22-defend288 t17761016-22-punish133"/> Death </rs>.</p>
<p>SMITTON
<rs id="t17761016-22-verdict134" type="verdictDescription">
<interp inst="t17761016-22-verdict134" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr.
<persName id="t17761016-22-person300"> Baron EYRE
<interp inst="t17761016-22-person300" type="surname" value="EYRE"/>
<interp inst="t17761016-22-person300" type="given" value="Baron"/>
<interp inst="t17761016-22-person300" type="gender" value="male"/> </persName> .</p>
<p>*** See the trial of Smith for a highway robbery in Hyde-park last sessions.</p>
<p>They were a second time indicted for that they
<rs id="t17761016-22-off135" type="offenceDescription">
<interp inst="t17761016-22-off135" type="offenceCategory" value="violentTheft"/>
<interp inst="t17761016-22-off135" type="offenceSubcategory" value="highwayRobbery"/> in the king's highway, in and upon
<persName id="t17761016-22-person301"> Robert Gapper
<interp inst="t17761016-22-person301" type="surname" value="Gapper"/>
<interp inst="t17761016-22-person301" type="given" value="Robert"/>
<interp inst="t17761016-22-person301" type="gender" value="male"/> </persName> feloniously did make an assault, putting him in corporal fear and danger of his life, and talking from his person a steel seal, value 10 s. and 3 s. 6 d. in money numbered, the property of the said Robert </rs>,
<rs id="t17761016-22-cd136" type="crimeDate">September the 25th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-22-off128 t17761016-22-cd136"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17761016-22-off135 t17761016-22-cd136"/>.</p>
<p>Mr.
<persName id="t17761016-22-victim303" type="victimName"> ROBERT GAPPER
<interp inst="t17761016-22-victim303" type="surname" value="GAPPER"/>
<interp inst="t17761016-22-victim303" type="given" value="ROBERT"/>
<interp inst="t17761016-22-victim303" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an
<rs id="t17761016-22-viclabel137" type="occupation">attorney</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17761016-22-victim303 t17761016-22-viclabel137"/>: upon the 25th of September last, as I was coming from
<placeName id="t17761016-22-crimeloc138">Hampstead</placeName>
<interp inst="t17761016-22-crimeloc138" type="placeName" value="Hampstead"/>
<interp inst="t17761016-22-crimeloc138" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-22-off128 t17761016-22-crimeloc138"/>
<join result="offencePlace" targOrder="Y" targets="t17761016-22-off135 t17761016-22-crimeloc138"/> in a one-horse chaise with Mr. Davis my clerk, we were attacked about seven o'clock by two men on foot ; they separated, one went on one side of the chaise, and the other on the other; they laid hold of the bridle of my horse; he on the left hand side that my clerk sat on, I did not take so much notice of as of the other, that I believe to be Smitton; it was a remarkable fine evening and very light, it was a quarter before seven; the man upon the left hand had a pistol, he quitted the reins and held the pistol to my clerk's head, the other came upon my side and drew a large bludgeon from under his coat and said, D - n you, give me your money, or I will blow your brains out; I am sure that was the prisoner Smith, and I believe the other to be the man by his size, and the other circumstances of his appearance, but I will not venture positively to swear it as I had not an opportunity to observe him so closely as I did Smith; I took out some money and gave them about 3 s. 6 d. or 4 s. and in pulling out my money I also pulled out a steel seal with my coat of arms upon it, which I did not miss till next morning; I thought the fellows might quit me to pick it up, which they did when I threw the money down, and I drove off, my horse ran away with me and did not stop till he came to the turnpike; I saw the
<xptr type="pageFacsimile" doc="177610160043"/> prisoners two days after at Sir
<persName id="t17761016-22-person304"> John Fielding
<interp inst="t17761016-22-person304" type="surname" value="Fielding"/>
<interp inst="t17761016-22-person304" type="given" value="John"/>
<interp inst="t17761016-22-person304" type="gender" value="male"/> </persName> 's; I knew Smith directly, I picked him out of my own accord among a number of other people; I then declared my belief that he was the man, I am of that opinion still, but will not swear positively.</p>
<p>ALBINUS DAVIS sworn.</p>
<p>I am clerk to Mr. Gapper; I remember Smitton very well, he came upon my side of the chaise and held a pistol to my head and ordered me to deliver my money immediately, or he would blow my brains out; I said I had no money myself, but if he would ask my master he would give them what he had; he had no sort of disguise on, I had an opportunity of observing his features perfectly well, and am quite positive he was the man; it was thoroughly light, I knew him immediately at Sir
<persName id="t17761016-22-person305"> John Fielding
<interp inst="t17761016-22-person305" type="surname" value="Fielding"/>
<interp inst="t17761016-22-person305" type="given" value="John"/>
<interp inst="t17761016-22-person305" type="gender" value="male"/> </persName> 's; I was then as positive that he was the man as I am now.</p>
<p>
<persName id="t17761016-22-person306"> HENRY JONES
<interp inst="t17761016-22-person306" type="surname" value="JONES"/>
<interp inst="t17761016-22-person306" type="given" value="HENRY"/>
<interp inst="t17761016-22-person306" type="gender" value="male"/> </persName> sworn.</p>
<p>I apprehended Smith at about twelve at night of that evening, from the information I had received from Mr. Waterfield and Mr. Gapper at ten in the evening; the watch was set before I went into the house where I took them up; I took Smith at about twelve o'clock, I don't know directly when Smitton was taken; they were examined the next Wednesday before Sir
<persName id="t17761016-22-person307">