<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="pageFacsimile" doc="177702190001"/>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 19th of February 1777, and the following Days;
<p>Being the THIRD SESSION in the Mayoralty of The Right Honble Sir
<persName id="f17770219-1-person1"> THOMAS HALLIFAX
<interp inst="f17770219-1-person1" type="surname" value="HALLIFAX"/>
<interp inst="f17770219-1-person1" type="given" value="THOMAS"/>
<interp inst="f17770219-1-person1" type="gender" value="male"/> </persName> , LORD MAYOR OF THE CITY OF LONDON.</p>
<persName id="f17770219-1-person2"> JOSEPH GURNEY
<interp inst="f17770219-1-person2" type="surname" value="GURNEY"/>
<interp inst="f17770219-1-person2" type="given" value="JOSEPH"/>
<interp inst="f17770219-1-person2" type="gender" value="male"/> </persName> , And Published by Authority.</p>
<persName id="f17770219-1-person3"> WILLIAM RICHARDSON
<interp inst="f17770219-1-person3" type="surname" value="RICHARDSON"/>
<interp inst="f17770219-1-person3" type="given" value="WILLIAM"/>
<interp inst="f17770219-1-person3" type="gender" value="male"/> </persName> ; AND SOLD BY S. BLADON, in PATER-NOSTER ROW.</p>
<xptr type="pageFacsimile" doc="177702190002"/>The Reader is desired to correct the following Errors in this Trial.</p>
<p>Page 99, Column 1, Line 7, r. indictment.</p>
<p>101. 1, 6, from bottom, r. appeared.</p>
<p>2, 22, 23, for direction, r. discretion.</p>
<p>102, 1, 4, for Rudd's, r. Rudd.</p>
<p>1, 9, after question insert a colon.</p>
<p>1, 23, for now, r. new.</p>
<p>1, 33, after prosecuting insert a comma, and after those dele the comma,</p>
<p>1, 14, from bottom, insert a period after law, and next line a comma after question.</p>
<p>103, 1, 5, after witness, insert a semi-colon.</p>
<p>1, 10, from bottom, and 2d col. line 15, for founded, r. found.</p>
<p>105, 2, 10, from bottom, r. objections.</p>
<p>106, 1, 13, for prisoner, r. prosecutor.</p>
<p>109, 2, 14, from bottom, r. Chesterfield.</p>
<p>110, 1, 19, after the words you see, r. not merely upon Lord Chesterfield, but upon, &c.</p>
<p>2, 23, after forger, insert and.</p>
<p>2, 19, from bottom, after law, insert a comma, and the word and.</p>
<p>118, 2, 14, 15, for The contents of the bond, r. The counts of the indictment.</p>
<xptr type="pageFacsimile" doc="177702190003"/>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 Hon. Sir
<persName id="f17770219-1-person4" type="judiciaryName"> THOMAS HALLIFAX
<interp inst="f17770219-1-person4" type="surname" value="HALLIFAX"/>
<interp inst="f17770219-1-person4" type="given" value="THOMAS"/>
<interp inst="f17770219-1-person4" type="gender" value="male"/> </persName> , Knt. LORD MAYOR of the City of London; the Honuourable Sir
<persName id="f17770219-1-person5" type="judiciaryName"> HENRY GOULD
<interp inst="f17770219-1-person5" type="surname" value="GOULD"/>
<interp inst="f17770219-1-person5" type="given" value="HENRY"/>
<interp inst="f17770219-1-person5" type="gender" value="male"/> </persName> . Knight, One of the Justices of his Majesty's Court of Common Pleas; the Honourable
<persName id="f17770219-1-person6" type="judiciaryName"> EDWARD WILLES
<interp inst="f17770219-1-person6" type="surname" value="WILLES"/>
<interp inst="f17770219-1-person6" type="given" value="EDWARD"/>
<interp inst="f17770219-1-person6" type="gender" value="male"/> </persName> , Esquire, One of the Justices of his Majesty's Court of King's Bench; the Honourable Sir
<persName id="f17770219-1-person7" type="judiciaryName"> RICHARD PERRYN
<interp inst="f17770219-1-person7" type="surname" value="PERRYN"/>
<interp inst="f17770219-1-person7" type="given" value="RICHARD"/>
<interp inst="f17770219-1-person7" type="gender" value="male"/> </persName> , Knight, One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder;
<persName id="f17770219-1-person8" type="judiciaryName"> THOMAS NUGENT
<interp inst="f17770219-1-person8" type="surname" value="NUGENT"/>
<interp inst="f17770219-1-person8" type="given" value="THOMAS"/>
<interp inst="f17770219-1-person8" type="gender" value="male"/> </persName> , Esquire, Common Serjeant; 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>
<persName id="f17770219-1-person9" type="jurorName"> William Northage
<interp inst="f17770219-1-person9" type="surname" value="Northage"/>
<interp inst="f17770219-1-person9" type="given" value="William"/>
<interp inst="f17770219-1-person9" type="gender" value="male"/> </persName> ,</p>
<p>Isriel Elliot,</p>
<persName id="f17770219-1-person10" type="jurorName"> John Haslein
<interp inst="f17770219-1-person10" type="surname" value="Haslein"/>
<interp inst="f17770219-1-person10" type="given" value="John"/>
<interp inst="f17770219-1-person10" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person11" type="jurorName"> George Anthony
<interp inst="f17770219-1-person11" type="surname" value="Anthony"/>
<interp inst="f17770219-1-person11" type="given" value="George"/>
<interp inst="f17770219-1-person11" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person12" type="jurorName"> John Scott
<interp inst="f17770219-1-person12" type="surname" value="Scott"/>
<interp inst="f17770219-1-person12" type="given" value="John"/>
<interp inst="f17770219-1-person12" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person13" type="jurorName"> William Fleming
<interp inst="f17770219-1-person13" type="surname" value="Fleming"/>
<interp inst="f17770219-1-person13" type="given" value="William"/>
<interp inst="f17770219-1-person13" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person14" type="jurorName"> John Soper
<interp inst="f17770219-1-person14" type="surname" value="Soper"/>
<interp inst="f17770219-1-person14" type="given" value="John"/>
<interp inst="f17770219-1-person14" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person15" type="jurorName"> William Fisher
<interp inst="f17770219-1-person15" type="surname" value="Fisher"/>
<interp inst="f17770219-1-person15" type="given" value="William"/>
<interp inst="f17770219-1-person15" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person16" type="jurorName"> Joseph Clarke
<interp inst="f17770219-1-person16" type="surname" value="Clarke"/>
<interp inst="f17770219-1-person16" type="given" value="Joseph"/>
<interp inst="f17770219-1-person16" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person17" type="jurorName"> Daniel Cooke
<interp inst="f17770219-1-person17" type="surname" value="Cooke"/>
<interp inst="f17770219-1-person17" type="given" value="Daniel"/>
<interp inst="f17770219-1-person17" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person18" type="jurorName"> Robert Taylor
<interp inst="f17770219-1-person18" type="surname" value="Taylor"/>
<interp inst="f17770219-1-person18" type="given" value="Robert"/>
<interp inst="f17770219-1-person18" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person19" type="jurorName"> Nathaniel Lane
<interp inst="f17770219-1-person19" type="surname" value="Lane"/>
<interp inst="f17770219-1-person19" type="given" value="Nathaniel"/>
<interp inst="f17770219-1-person19" type="gender" value="male"/> </persName> .</p>
<p>1st Middlesex Jury.</p>
<persName id="f17770219-1-person20" type="jurorName"> George Clarke
<interp inst="f17770219-1-person20" type="surname" value="Clarke"/>
<interp inst="f17770219-1-person20" type="given" value="George"/>
<interp inst="f17770219-1-person20" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person21" type="jurorName"> William Seymour
<interp inst="f17770219-1-person21" type="surname" value="Seymour"/>
<interp inst="f17770219-1-person21" type="given" value="William"/>
<interp inst="f17770219-1-person21" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person22" type="jurorName"> George Manvill
<interp inst="f17770219-1-person22" type="surname" value="Manvill"/>
<interp inst="f17770219-1-person22" type="given" value="George"/>
<interp inst="f17770219-1-person22" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person23" type="jurorName"> John Brewer
<interp inst="f17770219-1-person23" type="surname" value="Brewer"/>
<interp inst="f17770219-1-person23" type="given" value="John"/>
<interp inst="f17770219-1-person23" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person24" type="jurorName"> William Birch
<interp inst="f17770219-1-person24" type="surname" value="Birch"/>
<interp inst="f17770219-1-person24" type="given" value="William"/>
<interp inst="f17770219-1-person24" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person25" type="jurorName"> John Abbotts
<interp inst="f17770219-1-person25" type="surname" value="Abbotts"/>
<interp inst="f17770219-1-person25" type="given" value="John"/>
<interp inst="f17770219-1-person25" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person26" type="jurorName"> Richard Parry
<interp inst="f17770219-1-person26" type="surname" value="Parry"/>
<interp inst="f17770219-1-person26" type="given" value="Richard"/>
<interp inst="f17770219-1-person26" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person27" type="jurorName"> John Tubman
<interp inst="f17770219-1-person27" type="surname" value="Tubman"/>
<interp inst="f17770219-1-person27" type="given" value="John"/>
<interp inst="f17770219-1-person27" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person28" type="jurorName"> Thomas Cludd
<interp inst="f17770219-1-person28" type="surname" value="Cludd"/>
<interp inst="f17770219-1-person28" type="given" value="Thomas"/>
<interp inst="f17770219-1-person28" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person29" type="jurorName"> John Roper
<interp inst="f17770219-1-person29" type="surname" value="Roper"/>
<interp inst="f17770219-1-person29" type="given" value="John"/>
<interp inst="f17770219-1-person29" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person30" type="jurorName"> James Norton
<interp inst="f17770219-1-person30" type="surname" value="Norton"/>
<interp inst="f17770219-1-person30" type="given" value="James"/>
<interp inst="f17770219-1-person30" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person31" type="jurorName"> William Mitchell
<interp inst="f17770219-1-person31" type="surname" value="Mitchell"/>
<interp inst="f17770219-1-person31" type="given" value="William"/>
<interp inst="f17770219-1-person31" type="gender" value="male"/> </persName> .</p>
<p>2d Middlesex Jury.</p>
<persName id="f17770219-1-person32" type="jurorName"> Samuel Elliot
<interp inst="f17770219-1-person32" type="surname" value="Elliot"/>
<interp inst="f17770219-1-person32" type="given" value="Samuel"/>
<interp inst="f17770219-1-person32" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person33" type="jurorName"> Thomas Langstaff
<interp inst="f17770219-1-person33" type="surname" value="Langstaff"/>
<interp inst="f17770219-1-person33" type="given" value="Thomas"/>
<interp inst="f17770219-1-person33" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person34" type="jurorName"> William Berry
<interp inst="f17770219-1-person34" type="surname" value="Berry"/>
<interp inst="f17770219-1-person34" type="given" value="William"/>
<interp inst="f17770219-1-person34" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person35" type="jurorName"> John Cockran
<interp inst="f17770219-1-person35" type="surname" value="Cockran"/>
<interp inst="f17770219-1-person35" type="given" value="John"/>
<interp inst="f17770219-1-person35" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person36" type="jurorName"> Thomas Tomlin
<interp inst="f17770219-1-person36" type="surname" value="Tomlin"/>
<interp inst="f17770219-1-person36" type="given" value="Thomas"/>
<interp inst="f17770219-1-person36" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person37" type="jurorName"> John Pittaway
<interp inst="f17770219-1-person37" type="surname" value="Pittaway"/>
<interp inst="f17770219-1-person37" type="given" value="John"/>
<interp inst="f17770219-1-person37" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person38" type="jurorName"> John Russel
<interp inst="f17770219-1-person38" type="surname" value="Russel"/>
<interp inst="f17770219-1-person38" type="given" value="John"/>
<interp inst="f17770219-1-person38" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person39" type="jurorName"> John Quick
<interp inst="f17770219-1-person39" type="surname" value="Quick"/>
<interp inst="f17770219-1-person39" type="given" value="John"/>
<interp inst="f17770219-1-person39" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person40" type="jurorName"> Francis Anson
<interp inst="f17770219-1-person40" type="surname" value="Anson"/>
<interp inst="f17770219-1-person40" type="given" value="Francis"/>
<interp inst="f17770219-1-person40" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person41" type="jurorName"> Edward Davis
<interp inst="f17770219-1-person41" type="surname" value="Davis"/>
<interp inst="f17770219-1-person41" type="given" value="Edward"/>
<interp inst="f17770219-1-person41" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person42" type="jurorName"> George Lyde
<interp inst="f17770219-1-person42" type="surname" value="Lyde"/>
<interp inst="f17770219-1-person42" type="given" value="George"/>
<interp inst="f17770219-1-person42" type="gender" value="male"/> </persName> ,</p>
<persName id="f17770219-1-person43" type="jurorName"> Thomas Clarke
<interp inst="f17770219-1-person43" type="surname" value="Clarke"/>
<interp inst="f17770219-1-person43" type="given" value="Thomas"/>
<interp inst="f17770219-1-person43" type="gender" value="male"/> </persName> .</p> </div1>
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<p>Dr. DODD being set to the Bar, addressed the Court as follows:</p>
<p>My Lords,</p>
<p>I AM informed that the bill of indictment depending against me has been found on the evidence of Mr. Robertson, who was taken out of Newgate, without any authority or leave from your lordships, for the purpose of procuring the bill to be found: Mr. Robertson is a subscribing witness to the bond, and, as I conceive, would be swearing to exculpate himself if he should be admitted as a
<xptr type="pageFacsimile" doc="177702190004"/> witness against me; and as the bill has been found upon his evidence, which was surreptitiously obtained, I submit to your lordships that I ought not to be compelled to plead on this indictment, and upon this question I beg to be heard by my counsel, My Lords, I beg leave also further to observe to your lordships, that the gentlemen on the other side of the question are bound over to prosecute Mr. Robertson.</p>
<p>[Previous to the arguments of the Counsel the Court directed that an order which had been surreptitiously obtained from an officer of the Court, dated Wednesday, February the 19th, and directed to the keeper of Newgate, commanding him to carry
<persName id="t17770219-1-person44"> Lewis Robertson
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<interp inst="t17770219-1-person44" type="given" value="Lewis"/>
<interp inst="t17770219-1-person44" type="gender" value="male"/> </persName> to Hick's Hall, in order to his giving evidence before the Grand Inquest on the present bill of indictment; likewise a resolution of the Court reprobating the said order; and also the recognizance entered into by Mr. Manly, Mr. Peach, Mr. Innis, and the Right Hon. the Earl of Chesterfield to prosecute and give evidence against Dr. Dodd and
<persName id="t17770219-1-person45"> Lewis Robertson
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<interp inst="t17770219-1-person45" type="given" value="Lewis"/>
<interp inst="t17770219-1-person45" type="gender" value="male"/> </persName> for the said forgery should be read, and the Clerk of the Arraigns was directed to inform the Court whether the name
<persName id="t17770219-1-person46"> Lewis Robertson
<interp inst="t17770219-1-person46" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person46" type="given" value="Lewis"/>
<interp inst="t17770219-1-person46" type="gender" value="male"/> </persName> was indorsed as a witness on the back of the indictment, which was answered in the affirmative.]</p>
<p>Mr. HOWARTH. - As one of the counsel for Dr. Dodd it is my duty to submit to your lordships such observations as occur to me in support of the objection which has been made by the doctor to his pleading to this indictment: I presume your lordships will not put any person to plead or to answer to an indictment that may be found against him, if it appears upon the face of that indictment that the evidence upon which the bill was found was not legal or competent to have been adduced before the Grand Jury: your lordships find that
<persName id="t17770219-1-person47"> Lewis Robertson
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<interp inst="t17770219-1-person47" type="given" value="Lewis"/>
<interp inst="t17770219-1-person47" type="gender" value="male"/> </persName> , who was committed as a principal in the forgery, has since been carried before the Grand Jury for the county of Middlesex, by an order that is supposed to be obtained from this Court, and hath before that Grand Jury been examined as a witness against Dr. Dodd; how that order was obtained it is immaterial for me to state to your lordships; it is sufficient for me to find that a gentleman in the commission, who was upon the bench, actuated by a very laudable spirit of preserving the dignity of the Court, and to prevent the Court's being imposed upon, mentioned it to your lordships, and, in consequence of its being so mentioned, that order has since been formally vacated by the Court; it therefore stands now as a certain fact, that a witness committed as a principal in the crime has been carried, without any legal authority, before the Grand Jury of the county of Middlesex, and hath there been permitted to give evidence against the prisoner now standing at the bar: it is obvious to every man who hears the fact stated, that it is incumbent upon the witness so admitted to exculpate himself, and to throw the whole weight and load of the guilt upon the gentleman now at the bar. Such evidence it is the genius of our law, and has been the humanity of all courts of criminal judicature, never to receive, because they have always acted upon this principle, that supposing the guilt of the party accused to be undeniable, yet the proof of that guilt shall not be received through polluted channels; as I take that to be the uniform practice of all courts of criminal judicature, I trust the same construction will hold with your lordships. It is impossible to know what passes before a Grand Jury, every thing that is transacted there is transacted under a solemn oath of secrecy, and therefore never can come forth to the world: it cannot be alledged by the gentlemen who are of counsel for the prosecution that it was unnecessary to have Robertson as a witness, because the materiality or immateriality of the evidence given by him to the Grand Jury must be perfectly a secret; but however it is fair inference and fair argument to say, that the gentlemen who conducted this prosecution conceived it to be material to have Robertson's evidence, otherwise there was no necessity for that extraordinary exertion to get him there, unless in their judgment and in their apprehension he might be a material evidence to support the charge against Dr. Dodd. My Lords, I say, upon such grounds, I trust it is fair argument in me to suppose that he was a witness materially necessary for the carrying on of this prosecution, and fixing upon the prisoner the guilt the indictment imputes to him, and that without his evidence the
<xptr type="pageFacsimile" doc="177702190005"/> guilt could not be brought home to him; I trust it is extremely clear, that Robertson ought not to have been admitted as a witness before the Grand Jury. Suppose a bill of indictment was brought before your lordships, and a prisoner was called upon to plead to it, and it appeared to your lordships that there was but one witness on the back of the bill, which witness also appeared to be an accomplice, and had been committed as a principal in the guilt, that would appear, upon the face of it, to be a bill found by a Grand Jury who are not supposed to be competent judges of law, they are only judges of fact, and the probable guilt of a prisoner is a sufficient ground for them to find a bill; but, I say, supposing it appeared, that that bill was found upon the oath of a person, who by the laws of this country ought not to be received as a witness, or at least, supposing him to be received as a witness, whose evidence never can, never has, and, I trust, never will convict any person, your lordships would not, in such a case, I conceive, put the prisoner to plead to or answer that indictment; it may be answered to me here, that there are a great many other witnesses on the back of this bill; that it does not appear here what the evidence given by Robertson was, whether there was enough to find a bill against Dr. Dodd or not; I trust that will be no objection; what passed before the Grand Jury must necessarily be a profound secret; it is enough for me to say that there appears on the back of this bill, as a witness a person, who was committed as a principal, and who ought to have answered as a principal at the bar of this Court. He has been carried up to the Grand Jury by an order surreptitiously obtained, which order the Court have shewn a just disapprobation of, and have in truth vacated; therefore I trust, in such a case, the law of this country will not permit any prisoner at the bar to be put upon this country; and if the rigid law of this country will not permit it, I am too much acquainted with your lordships humanity to suppose your lordships will permit it.</p>
<p>Mr. COWPER. - Will your lordships please to favour me a few words in support of the motion that has been made by Mr. Howarth, that Dr. Dodd may not be called upon to plead to the bill of indictment that is now found against him, and that that bill may be quashed; and my Lords, it is upon that general ground that the bill of indictment has received the sanction of the Grand Jury of Middlesex, in consequence of evidence having been adduced before them that ought not there to have been produced or heard. The principles upon which we who are of counsel for the prisoner mean to support this idea do not at all combat the general rules of law, with respect to admitting of accomplices evidence, the attaining justice in a degree through the assistant evidence of those who are partners in the crime, under particular circumstances and in particular cases, is very often found to be necessary; but those circumstances and the situation of the party, who is so admitted an evidence, must appear either to the committing magistrate who selects one, perhaps less attainted with the guilt than another, for the purpose of assisting the prosecution, or to the Court who are to try the prisoner; where there have been instances of the Court directing one of the persons committed for the offence to be admitted as an evidence: but, my Lords, except in one or the other of these situations, where a person is brought before a magistrate and charged as a principal, where, upon the face of the instrument, there is every evidence to shew that he is a principal, where the magistrate upon the hearing of the evidence before him commits him as a principal, and where this Court have refused to admit him to the advantage that the situation of an evidence against the prisoner would give him; I submit to your lordships that Robertson's evidence under these circumstances was improperly carried before the Grand Jury, I will not say more than improperly, that is sufficient, it is not necessary to cast any reflection upon the prosecution, it is not necessary to cast any reflection upon the officer of the Court; it suffices us to say, that Mr. Robertson's evidence has been improperly, and in an unbecoming manner conveyed to Hicks's-hall, and there submitted to the Grand Jury, and upon that evidence, together with the testimony of other persons, this bill of indictment is found against Dr. Dodd. My Lords, the gentlemen on the other side of the question will not surely attempt gravely to tell your lordships that
<xptr type="pageFacsimile" doc="177702190006"/> this might have been obtained without the interposition of a magistrate, or without obtaining an order from the Court, because if they do, they will be reduced to the necessity of arguing against their own conduct. Why were the prosecutors to come to the court? your lordships are not to give them advice; your lordships are not counsel in any prosecution; they applied to receive that sanction which they conceived, and I apprehend they conceived very rightly, was necessary for them to obtain, namely, an order for the conveyance of Mr. Robertson before the Grand Jury; however they misunderstood, or however they misrepresented, the answer that your lordships so justly gave to that application I do not know; but still, not departing from the idea that the interposition of this Court was necessary to the conveyance of Robertson before the Grand Jury, an order was obtained for this person, whom the prosecutors were bound over to prosecute capitally, to be carried before the Grand Jury. My Lords, it will be unnecessary to comment upon that order, it has been already stigma tized by the Court itself; it has been discharged, and it has been discharged as surreptitiously obtained; why then, my Lords, have I any proposition that needs an argument to maintain it, when I state this bare fact, that in consequence of an order now discharged by the Court, now declared by the Court to have been surreptitiously obtained by this means alone did Robertson's evidence come before the Grand Jury; what Robertson swears, whether he swears any thing material, or swore nothing that was material, whether the Grand Jury credited or disbelieved his evidence, whether they found the bill upon any part of his testimony, or found it solely upon the testimony of others, is totally out of the present case, because that fact remains and must remain in perfect secrecy; for the Grand Jury have not only an oath of secrecy imposed upon them, but if it were the Jury that sit there trying the prisoners your lordships would not permit any incompetent or illegal evidence to go before that Jury, however immaterial, because it is impossible for your lordships ever to say what degree of influence a piece of immaterial evidence might have upon the mind of any person whatsoever; it would be your lordships duty, and I am sure would be the conduct of the Court upon such an occasion, to take care that the Jury should hear no such evidence. Thus it stands with regard to the present bill of indictment, such was the situation of Mr. Robertson committed as a principal, and the parties bound over to prosecute him with effect; what have they done? In a case of forgery that came before this Court not a great while ago, that occasioned a very considerable consideration of the subject of admitting persons as evidence, and what safety the person should derive from being so admitted an evidence, great doubts, I believe arose. At one time I can venture to say that there were differences of opinion amongst your lordships, with regard to the propriety of admitting a person as evidence, and with regard to the advantages that were to be derived to the person so admitted as an evidence; then, upon that subject so difficult to define, so important in its consequences, and so delicate in its nature, the mistake of the prosecutor, together with the mistake of the officer of the Court (for I will call it no more) is at once to remove every difficulty, every obstruction whatever, and to take
<persName id="t17770219-1-person48"> Lewis Robertson
<interp inst="t17770219-1-person48" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person48" type="given" value="Lewis"/>
<interp inst="t17770219-1-person48" type="gender" value="male"/> </persName> out of the situation of being committed as a principal in, and liable to be tried for that fact, to be admitted an evidence against a person by which he is to exculpate, and totally to indemnify himself from the consequence of that charge.</p>
<p>Mr. BULLER. - My Lords, I am of counsel on the same side with Mr. Howarth and Mr. Cowper. It is the established law of this land, that no man shall be put upon his trial for any offence, unless there be a bill first properly found by a Grand Jury; I say properly found, for if there be any objection whatsoever to the finding of the indictment, and the most familiar that is to be found in our books are those that go to the objection of the Grand Jury; for instance, where only one person of the Grand Jury has been incompetent, where only eleven of the Jury have found the bill, that therefore it shall not be tried; I take it the objections go universally; I am aware that the objections I have been alluding to, and which are particularly stated in Lord Hale, go to the Grand Jury only; but I will beg leave to consider whether the reason that governs the one does not govern the other. Another case put by Lord Hale is this; if one of the
<xptr type="pageFacsimile" doc="177702190007"/> Grand Jury is outlawed, these objections go to the persons of the Grand Jury: I am aware that that is not the present objection; but I will beg leave, with your lordships permission, to consider whether this does not fall within the same reason; for I cannot conceive that the law, which is so peculiarly watchful over the personal qualifications of the Grand Jury, should not be equally attentive to the evidence which is laid before them, and upon which they are to decide the fate of the bill which is offered to their consideration: I take it to be as essential to the finding of, the bill that the evidence offered to the Grand Jury should be such as the law allows, as it is when the indictment afterwards comes to be tried before your lordships; and if that rule holds, I trust I shall have very little difficulty in convincing your lordships that this bill has been improperly found. My Lords, the prosecutor has thought it so material to admit Mr.
<persName id="t17770219-1-person49"> Robertson
<interp inst="t17770219-1-person49" type="given" value="Robertson"/>
<interp inst="t17770219-1-person49" type="gender" value="male"/> </persName> a witness in this cause, that though, in my humble apprehension, he stands in a much more criminal light than the prisoner at the bar, yet they have thought fit to bargain with him, to let him off from a capital felony of the most dangerous sort to society, the most peculiarly so from his situation in life of any man that can be charged with such an offence. Mr. Robertson stands in this business as a sworn broker of the city of London, as such it was his peculiar duty to preserve good faith between man and man; he is bargained with by the prosecutor to be let off in a case where he stands upon the appearance against him now as the most criminal, for the purpose of procuring evidence against the prisoner at the bar. My Lords, if that evidence be improper, there remains but one thing more to be enquired into, that is, whether your lordships can say that that evidence has not had an improper effect when it was admitted before the Grand Jury: it is not improbable that the bill might be found wholly upon his evidence; if I have a right to assume that as a fact, because the prosecutor has thought it material and absolutely necessary to produce him before the Grand Jury, why then your lordships sitting here cannot say but this indictment may have been found upon his evidence only; if it be so, is
<persName id="t17770219-1-person50"> Robertson
<interp inst="t17770219-1-person50" type="given" value="Robertson"/>
<interp inst="t17770219-1-person50" type="gender" value="male"/> </persName> a person whose evidence ought to have been received? If I am right in saying that the same evidence, and the same evidence only, is legal before a Grand Jury which is legal upon a trial, I apprehend the case which was mentioned yesterday in Lord Hale, folio 303, is decisive upon this point. My Lords, there are more passages in that folio book; the first was the case mentioned yesterday of</p>
<persName id="t17770219-1-person51"> Henry Trew
<interp inst="t17770219-1-person51" type="surname" value="Trew"/>
<interp inst="t17770219-1-person51" type="given" value="Henry"/>
<interp inst="t17770219-1-person51" type="gender" value="male"/> </persName> was indicted</p>
<p>"for a burglary, and (by the advice</p>
<p>"of Keeling, chief justice, Brown, justice,</p>
<p>"and Wilde, recorder) Perrin was sworn a</p>
<p>"witness against Trew as to the burglary,</p>
<p>"which he confessed, but was not indicted</p>
<p>"for the other felony." Here he was admitted, because he confessed himself guilty. The passage before that in Lord Hale seems to me still stronger:</p>
<p>"If two defendants be</p>
<p>"charged with a crime, one shall not be</p>
<p>"examined against the other to convict him</p>
<p>"of an offence, unless the party examined</p>
<p>"confess himself guilty." Now, has Robertson confessed himself guilty? No, he has not; then there is an express authority by Lord Hale, that not having done it he is no witness, he does not stand in that predicament which Lord Hale states the man to be there. He says, that they were both charged with the crime; that is the case here; the prisoner and Robertson were both committed for the same crime; he stands now charged with that crime, and he has not pleaded guilty; therefore upon this authority I take it to be clear, that he cannot be admitted a witness upon the trial, and if not, I must leave it to the ingenuity of the learned counsel to shew why a man, who the law says shall not be a witness upon the trial, shall be admitted a witness to find the bill upon, against a man whom there is no other evidence to affect.</p>
<p>Mr. MANSFIELD. - I am to trouble your lordships in answer to this objection, which to me is perfectly new, which to me is totally unlike any that I have ever read or heard of; and I find that the gentlemen who here support this objection, very properly don't produce before your lordships any one instance in which such an attempt was ever made, much less an instance in which such an attempt succeeded; for myself, and for those for whom I stand here, as they have no wishes upon this subject but that justice should have its course, they certainly will not desire me, nor should I find
<xptr type="pageFacsimile" doc="177702190008"/> myself at all inclined to give any resistance to the motion that is made, if I did not think that the very proceeding required it, and that the objection is without the least appearance of any legal foundation. I perceive, my Lords, the objection, as it is made, to Dr. Dodd being put upon his trial on this indictment is, that there is a witness supposed to be improperly carried before the Grand Jury, and that witness, when carried before the Grand Jury, is supposed to be so situated and circumstanced that he ought not to be heard, and your lordships are desired, for the first time, almost, I believe, in the history of English judicature, to enquire and consider to what evidence the Grand Jury gave attention, and whether, upon the whole, it appeared to them that there was fit ground to find the bill. My Lords, I have always understood that for the sake, not of bringing men to punishment, but for the sake of defending them, and for the protection of Englishmen, that it was the sole and exclusive privilege of a Grand Jury to judge, not whether a man was guilty, but whether such circumstances appeared against a man accused of a crime that he ought to be put upon trial; and this is so peculiarly and exclusively the province of a Grand Jury, that your lordships are not only forbid, by law, yourselves, to know or presume, what evidence influences the Grand Jury, but they themselves are restrained by an oath from disclosing that evidence; they are to enquire and to judge whether a man ought to be tried, whether such grounds of suspicion (for suspicion is enough to find a bill) appear against a man accused, that he ought to be brought before another Jury to receive a conviction or acquittal; and as that is the province of the Grand Jury, it is no wonder that this is the first attempt, I believe, to desire of a court of judicature, who is to try the indictment found, to declare whether the Grand Jury have or have not had sufficient evidence before them to justify them in saying,</p>
<p>'We think this gentleman ought to be put upon his trial;' for that is all that they have said. My lords, I should have thought this a very full and sufficient answer to the objection, if something had not been said which makes it, for the sake, not of the motion itself, but of the parties concerned, and of those who have acted different parts in it, to say something more to your lordships, as well too as to take notice of some which appear to be indeed very dangerous doctrines that I have heard delivered upon this occasion. One grand and indeed principal objection, as I before observed, to this witness is, that he was improperly carried before the Grand Jury;</p>
<p>"improperly carried," I think are the words used; and the impropriety consists in this, that an order was obtained for carrying the body of this
<persName id="t17770219-1-person52"> Lewis Robertson
<interp inst="t17770219-1-person52" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person52" type="given" value="Lewis"/>
<interp inst="t17770219-1-person52" type="gender" value="male"/> </persName> before the Grand Jury, there to be a witness, and then to be brought back again to the gaol of this Court: that that order was improperly obtained, there is no doubt; I am not at liberty now to dispute it; at the same time, though it certainly was improperly obtained, and was obtained from a mere mistake upon an idea that the proceeding was regular, though it certainly was not, but at the same time it is well known to some that hear me, who are acquainted with the business, that it was a matter of course, if the prisoner had been in another gaol; for if he had been in another gaol, and not in that of this Court, your lordships know an Habeas Corpus might have been applied for, and must have been obtained, to carry him before the Grand Jury; as he happens to be in this Court in which the indictment is to be tried, instead of having an Habeas Corpus the Court is to be applied to for a simple order to carry him before the Grand Jury, and your lordships order is regularly granted.</p>
<p>Mr. Justice GOULD. - You do not put that as a motion of mere course?</p>
<p>Mr. MANSFIELD. - Whether there may possibly exist cases in which the Court will not permit, I will not go so far as to say, there may be, I don't know that there are; because this I am sure of, that if the prisoner was in another gaol, and his evidence was wanted before a Grand Jury, that the prosecutor upon applying for an Habeas Corpus might have it most certainly; if there may be cases in which it would not be admitted, they must in truth be of a very extraordinary nature: this order of your lordships has been talked of as if, when it was obtained, it gave some weight and effect to this man's testimony; but your lordships know that you neither do nor can make a man a witness, a man is or not a witness
<xptr type="pageFacsimile" doc="177702190009"/> by the law of England; that your lordships cannot make or alter; but you administer, and administer it wisely; but it is the law of England says, whether a man can or not be admitted a witness; if that law says, he cannot, it is not in the power of all the courts of judicature in this kingdom to make him; on the contrary, if he is a legal witness, no Court can say he shall not be; and the only purport of this order is to remove the body of the prisoner Robertson, and the only effect of it as it seems to me is this, that the gaoler, who would otherwise be exceedingly blameable in admitting the prisoner out of his gaol, is excused from all fault in so doing; let me suppose this man had escaped from the gaol, and had then gone before the Grand Jury, is it to be doubted that if he was by law a competent witness, that his evidence might be received wherever he offers himself as a witness, though he had escaped from gaol? and your lordships order goes simply to the fact of the gaoler carrying the body of this prisoner before the Grand Jury; and the only difference seems to me, that the gaoler carrying the prisoner out of the gaol without permission from the Court, he might have behaved improperly, but however the witness himself as to his competency could not possibly be affected by the manner in which he went before the Grand Jury: I have heard it said indeed to-day that it may depend upon the Court, that it may depend upon the committing magistrate, whether an accomplice shall be a witness or not; I know of no such law; I know it may depend upon the Court whether a man who has been used as a witness and is afterward attempted to be tried; whether in the judgment of the Court he is to be put upon his trial; or whether the manner in which he has been used as a witness does entitle him to be excused from prosecution; so a magistrate sometimes advises a person to be admitted as a witness who is an accomplice, and who is perhaps at the same time in gaol; he takes a recognizance from him to appear as an evidence; the Court will afterwards consider whether that person has acted so properly as to be excused from a trial; but this is the first time that I have heard it said that the competency of a witness depended upon any magistrate of this kind, and as high and great a regard as I have for your lordships sitting here, I should be very sorry, for one, to have the law of England so changed, that it might depend upon the discretion of judges, and not upon the fixed rules of law, whether a man shall be a witness or not. Thus much upon the first objection, that this man was improperly carried before the Grand Jury; whether he was properly, or whether he was improperly carried is to this point we are now considering totally immaterial; the persons who were guilty of improperly carrying him, those who without legal authority procured the gaoler to let him go, may be worthy of censure; but as to the competency of the witness himself it seems to me to make no sort of difference. I am sorry, my learned friend who last spoke, introduced into this cause something of which you cannot take notice, but which seems to me to cast reflections upon those for whom I am concerned, whom I know are not worthy of such reflections, and the account given by Robertson is, that what he did was totally founded in mistake; in answer to which it is necessary for me to say something, and I will say as little as I can, though I should be justified in saying a great deal more: the argument supposes, at least, that Robertson was as great a criminal as any other person accused, nay, that he was the principal offender; I, who know as much, I believe, as any body can know of this cause, am very far from entertaining that opinion of Robertson; for though I think he acted blameably; yet as there are degrees of guilt, as far as the matter is understood by me, Robertson is considered as almost innocent, for I am perfectly satisfied that Robertson was really persuaded that the bond was genuine; this however does not appear before your lordships, and therefore should not be mentioned; I speak it only because I would not have those for whom I stand suffer from a reflection which is perfectly unmerited, and those persons too are incapable of making any bargain with Robertson or any other man, in order to bring about any thing improper in this or any cause, but especially in one like this, where the life of a person is concerned; it was thought proper, it was by my advice, and that is enough to excuse all others concerned in the business, that Robertson should be received as a witness; now as to Robertson being guilty or having acted a criminal part, the whole of the
<xptr type="pageFacsimile" doc="177702190010"/> argument your lordships see assumed is, how does your lordships know, or how can you know what part Robertson acted?</p>
<p>Mr. Justice WILLES. - All that we know is, he is committed for the same crime, we do not assume it, but we judge from his commitment that he is equally guilty.</p>
<p>Mr. MANSFIELD. - He is committed for the same crime; is it for a court of justice without evidence, or hearing a circumstance of the matter, to know that the magistrate is justified in committing him for that crime, that there was evidence to find him guilty, or that he may not be perfectly innocent? I have never yet heard that the commitment by a magistrate is in any place a presumption of guilt against a man who is committed; it cannot be; it never is heard of in any instance at all that appears; and all that is stated with regard to Robertson, is, that he is committed for the same crime, and so might the most innocent man alive be; nay, innocent men are committed, and consequently upon the commitment of a man for a capital crime, it is the magistrate's duty to bind by recognizance the person that appears to prosecute him who is so committed; the recognizance, as it seems to me, makes no difference in the case at all, because it is the necessary consequence of the commitment; as no magistrate can be justified in committing a man for a capital crime, who does not also bind the person who appears as prosecutor by recognizance, to prosecute the person committed: all that appears before your lordships, is, that this man is committed for the same crime that Dr. Dodd is; there is, as I say, no evidence at all before your lordships of the guilt of this man, that can be taken as any thing like evidence; for this is the first time I ever heard it suggested in a court, that a man who was committed for a crime, was by that commitment disenabled from being a witness; I never heard of such a doctrine being insinuated; suppose it now appears, which it does not, nor can it, that Robertson was equally guilty with Dr. Dodd; I will suppose it, that it appeared that it was possible for any man to know without forming presumption (which he is not authorized to form) that Robertson is equally guilty with Dr. Dodd. I will suppose it appeared so: why is it not the practice in this Court every sessions? where accomplices in the greatest crimes are admitted as witnesses, they are admitted with a degree of reserve, who by their single testimony cannot convict a person.</p>
<p>Mr. Justice GOULD - I wish to see the opinion upon the subject which is in print *; I recollect where the dividing line was there; I held, that the justice of peace, by a constant and established practice, and I have seen things since to confirm that, particularly a very learned treatise by the late Mr. Fielding, concerning the growth and encrease of robberies; he lays it down as a known practice, that they do judge upon all the circumstances appearing before them, which of the criminals to admit as the witness, that matter was dissented from by ten of the twelve judges; but as I understood their opinion to be, it was then to be in the direction, not of the justice of peace, but in the direction of the court of gaol delivery, where it was found necessary, which of the persons committed for a capital crime should be admitted as a witness; I believe Mr. Reynolds was present when that opinion was delivered; he told me, according to his remembrance, that was said by the learned judge here. * Vide The first number of the first sessions in the last mayoralty, and an account of the arguments of counsel, with the opinion of the Judges on Mrs. Rudd's case, by J. GURNEY.</p>
<p>Mr. MANSFIELD. - The question then was solely upon the privilege of Mrs. Rudd, not upon the competency as a witness.</p>
<p>Mr. Justice GOULD. - The true reason of that decision was, that that was a matter for the discretion of the justice o f peace, to hold forth an absolute indemnity.</p>
<p>Mr. Justice WILLES. - I am of opinion the judges went upon the general principle, that in that case, the inferior magistrate was to exercise a discretion. - Mr. Mansfield before you go on, I would mention, that the argument on the part of the prisoner points itself very strong this way, that no person committed for the same offence shall be allowed to be an evidence against a co-criminal without the interference of some legal authority, and in this case, there is no legal authority authorizing him to be a witness.</p>
<xptr type="pageFacsimile" doc="177702190011"/>Mr. MANSFIELD. - With regard to the case of Mrs. Rudd, it never was made a doubt, whether Mrs. Rudd could be a witness; but the question was, Mrs. Rudd's having been in fact taken and tried as a witness by the magistrate, whether she should be considered as entitled to an indemnity which should screen her from prosecution; and that I apprehended was the only question so in the general opinion expressed by the judges; I never conceived or apprehended, that it was meant to be considered by the judges, whether they could or could not say a criminal, an accomplice, should or should not be a witness; they can say, when the person is brought before them to be tried, whether they shall hold him entitled to favour or prevent his being convicted; they can say too, where the prosecutors, who are bound by recognizance to prosecute a person committed, shall be relieved from that recognizance, because they have thought proper not to prosecute the man, but use him as a witness; but it is now to me, if it is to depend upon the discretion of the judges, whether an accomplice is a competent witness, for that is the argument made use of here. It is to depend upon the discretion of the judges, whether an accomplice is a competent witness; now that position is utterly new to me; all the favours that a man derives from being a witness, all the consequential steps which are to affect the prosecutor, one way or the other for not prosecuting all those, must depend upon the discretion and judgment of the Court, at the time when that matter comes before them; but as to the admission of a witness as to the question of his competency, I do apprehend it must depend, not upon the discretion of the Court, but upon the rules of law, with regard to the present question. What is it Mr. Robertson has proved before the Grand Jury? as to parts of the case, it cannot be doubted, that Mr. Robertson might be permitted to give evidence, if he chose it; that he did not receive the bond from Lord Chesterfield; for instance, that he did receive it from Dr. Dodd; that he knows no more of it; can any mortal say, that as to these questions, Mr. Robertson, let him stand in what predicament he will, is not a competent witness? I have no doubt, nor have I heard an argument suggested, that he cannot be a witness throughout but what law or dictum is found, which warrants the doctrine contended for; that this man is not to be received as a witness, a case is produced from Lord Hale, in which two men being actually charged or indicted, one is admitted an evidence against the other.</p>
<p>Mr. Justice GOULD. - In that case, it is expressly said, that by the advice of Mr. Justice Brown, a very learned and eminent man, and Mr. Wylde the recorder, who was afterwards a very learned judge at Westminster-hall, Perrin was admitted a witness against Trew; Perrin confessing himself guilty of that burglary, he was admitted an evidence.</p>
<p>Mr. MANSFIELD. - Advice there, I should suppose, must mean a legal opinion of the court; for a judge, fitting in his judicial character, does not advise prosecutors; it is the province of those in a different place to give advice; judges only give legal opinions, and when it is said by advice, it seems to me it can mean nothing else but a legal judgment.</p>
<persName id="t17770219-1-person53"> Baron PERRYN
<interp inst="t17770219-1-person53" type="surname" value="PERRYN"/>
<interp inst="t17770219-1-person53" type="given" value="Baron"/>
<interp inst="t17770219-1-person53" type="gender" value="male"/> </persName> . - If any advice was asked of a judge, except sitting in judgment, I should think it exceedingly improper.</p>
<p>Mr. MANSFIELD. - Then, all that I can collect from thence, is, that in the opinion of the judges, he was a legal witness; in another way, if it was to depend upon that question, whether he being admitted a witness, is to be prosecuted for other crimes; here it must be determined by the judgment and discretion of the Court, whether the man is so used as a witness, that he is entitled to any protection; that judgment must be exercised according to legal discretion; but where the word advice is used as applied to a man's competency, it must mean that the judgment of the court was, that he was competent; another case mentioned by Mr. Buller is. -</p>
<p>Mr. Justice WILLES. - The other case is, if two defendants be charged for a crime, one shall not be examined against the other to convict him of an offence unless the party examined confess himself guilty, and then he shall be admitted.</p>
<p>Mr. MANSFIELD. - But the charge must mean legal charge, must mean charge upon an indictment, for there is no other way of charging.</p>
<p>Mr. Justice WILLES. - Charge and indictment
<xptr type="pageFacsimile" doc="177702190012"/> are synonimous words in the law of England.</p>
<p>Mr. MANSFIELD. - In - reports it is said that a particeps criminis may be admitted as a witness where a person was indicted for treason, and others were concerned in that treason, the party that confessed it might be a witness.</p>
<p>Mr. Baron PERRYN. - There is no doubt of that.</p>
<p>Mr. MANSFIELD. - Then there is an end of all questions as to competency of this man's evidence.</p>
<p>Mr. Justice WILLES. - No doubt as to his competency.</p>
<p>Mr. MANSFIELD. - The arguments against this man were, that he was an accomplice, to which I before gave your lordships what appeared to me to be a satisfactory answer. Although twenty witnesses appear upon the back of an indictment, if one witness satisfies the Grand Jury that the man ought to be tried, they often proceed no further in examining witnesses; whether either of them proved enough to warrant the bill, it is impossible for the Court to say; if your lordships were to stop the proceeding for any thing that now appears, you must presume that the Grand Jury found the bill upon the testimony of a man whom, if there be an objection to, they ought not to have heard; now that presumption in law does not authorize your lordships at all, because if the Grand Jury were to examine 20 witnesses, 19 of whom should prove nothing, yet their names must appear upon the back of the indictment; and your lordships have no ground now upon which you can presume that the Grand Jury did find the bill upon a circumstance that they ought not to have heard; and unless therefore your lordships can do that which the Grand Jury are not authorized to enable you to do, unless you can yourselves say, that the Grand Jury have founded this bill upon an exceptionable man's evidence, supposing there was any exception to him, unless you can say that there is no foundation for the application now made, which it is clear you cannot say, because the Grand Jury may have paid no attention to more than one of the witnesses; and if upon the evidence of any one, however they might disregard the rest, there was such a ground appeared to them, as made it fit for them to find the indictment, they would be bound to find it. I have heard it said by one of my friends in argument, that it is totally immaterial, as Robertson's name appears here, whether the Grand Jury believed him or not; whether what he said was material or not, is nothing to the purpose; I beg leave to say the contrary, the form of business is, the witnesses are sworn, and their names are put upon the indictment before they go in to the Grand Jury, the Grand Jury then call the names appearing upon the indictment; they don't often examine them all; they examine as many as they think proper, and it is impossible for your lordships to say, that the Grand Jury founded the indictment upon this, or that man's evidence, or to know whether they had a legal authority for finding the bill; therefore I trust your lordships will be of opinion that this trial is to go on, recollecting that this is admitted to be the first attempt of the sort that ever was made for rejecting a bill upon a supposed knowledge of what passed before the Grand Jury, and I submit to your lordships that it is entirely without authority.</p>
<p>Mr. Justice WILLES. - Mr. Davenport, before you go on, tell us if you know of any case where a prisoner committed as a principal has been admitted an evidence against a person concerned with him in the same offence, without the interference of a magistrate or the direction of the Court before whom the matter is to be tried?</p>
<p>Mr. DAVENPORT. - I hope to satisfy your lordships, that the constant practice has always been so; it depends upon the practice, and not upon any written authority.</p>
<p>Mr. Justice WILLES. - The clerk of assize has come to me on the circuit, and said such a justice of peace has examined this matter, and wishes, if you have no objection to it, that one prisoner may be admitted an evidence against the other; then I always pay that deference to the discretion of the justice, unless the circumstances make it improper to do as he has desired: sometimes the clerk of assize has brought me the informations taken by the justice of peace; I look over them carefully and exercise my discretion, whether such a person ought or not to be admitted an evidence against a co-defendant, and if I see there is no probability of convicting him by the
<xptr type="pageFacsimile" doc="177702190013"/> assistance of that evidence, then I never admit him: I wish Mr. Reynolds would say what has been the practice at this Court, of which he is a very old officer.</p>
<p>Mr. REYNOLDS. - The judges were of opinion that every accomplice, or every man charged with a felony, that was intended by the justice to give evidence, should notwithstanding that be committed as a principal, and they mentioned as a circumstance, suppose such a man broke gaol, can he be indicted for a felony? now with regard to the orders for removing persons where it appears by the calendar, that they were committed expressly to give evidence; orders have always been granted for their being removed to the proper Jury, without asking any thing of the Court; but I never knew an instance in my life where two persons were committed as principals, that ever an order was made of course, or was ever done without the particular directions of the judges to the officer.</p>
<p>Mr. Justice GOULD. - I have had abundance of application from the Grand Jury upon the circuit; they came to me, I remember, at Lancaster particularly three or four instances; they said, here are such persons committed, and without the evidence of one or other it will be impossible to find the bill; then upon reading the depositions and informations, I have ordered that man to be admitted an evidence.</p>
<p>Mr. DAVENPORT. - My lord, with respect to the carrying of Robertson before the Grand Jury; the mode of bringing him thither has created this confusion; an application in consequence of our advice was made to this Court, not as it is misunderstood, to admit him, for that was not our advice, but merely to acquaint the Court that that was the intention of the prosecutor; we conceiving, and if we are wrong, the criminal law in this respect, I hope, will be set upon a more certain footing, that the prosecutor had a right to adduce what witness he pleased; and that the law only could reject him upon the foot of an accomplice; that I conceive to be the law, and stand here to learn if it be not; taking that to be so, and that it is our error, if there be one, for I would wish in the hearing of such an audience as this, that the innocent officer should not be reflected upon, nor the parties who are concerned in this prosecution, for they are at least as innocent and irreproachable, I will venture to say, as any man that would venture to traduce them, what have they done to produce not only such appellations, but it is publickly given out in the papers, that they had surreptitiously obtained the order of this Court: my lords, out of decency and out of respect, and as a lawyer, I conceive that nothing but decency and respect could have made it necessary for them to apply to the Court, I take it to be the common practice, and I shall be corrected if I am wrong, that for all prisoners in this gaol, necessary to be carried to Hicks's-hall before the justices, there is an order of course at the sessions upon a 2 s. fee; to send down their officer, their deputy, the lowest, the meanest man they have amongst them, to fetch that prisoner from the keeper of Newgate, to give his testimony, and to bring him back.</p>
<p>Mr. Justice GOULD. - Is that so? for I asked that question of Mr. Akerman, who has been gaoler here, as he informed me, twenty-two or twenty-three years, and he says positively, that there never was such a thing done when a man was in Newgate without an order of this Court, that it was so in all his experience.</p>
<p>Mr. DAVENPORT. - Did he inform your lordships that there ever had been such an order from this Court.</p>
<p>Mr. Justice GOULD. - I take that for granted.</p>
<p>Mr. Justice WILLES. - The Justices at Hicks's-hall could have no power to send such an order for Mr. Robertson, because he is a London commitment.</p>
<p>Mr. MANLEY. - I speak with respect to the practice; when we came to the Quarter Sessions we waited about an hour and half for bringing up this prisoner; we were told that we might wait till eternity, that he never could be brought before the Grand Jury upon the order of this Court, that it belonged to that Court, and without we paid for that order we might wait for ever; I paid for that order, and he was brought up.</p>
<p>Mr. COLEPEPER. - I do not remember that any justice at Hicks's-hall ever gave an
<xptr type="pageFacsimile" doc="177702190014"/> order to bring an evidence, before the Grand Jury: I am sure they never made an order to bring a prisoner from hence to be carried before the Grand Jury. We never make an order to bring any body before the Grand Jury; we make an order to bring them before us in a matter before us for trial.</p>
<p>Mr. Justice WILLES. - Certainly this order was of no validity, in fact it was not obtained, nor drawn up by the direction of the Court.</p>
<p>Mr. DAVENPORT. - I mentioned what I know to be the practice, whether properly or improperly done is totally beside this argument; I mentioned it as I professed it, merely for the sake of the exculpation of those who took it to be right; and I go farther, that all the counsel at the table, on one side and the other, thought it right. As to the importance of the order, the validity of it, or the authority of those who issued it, I take to be beside this question, because where a bill, which, upon its face on the parchment before your lordships, appears to be a legal one, and above exception, there is no power in any court to inquire how that bill was obtained; it is, in my judgment, totally immaterial. The fact is, the witness
<persName id="t17770219-1-person54"> Lewis Robertson
<interp inst="t17770219-1-person54" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person54" type="given" value="Lewis"/>
<interp inst="t17770219-1-person54" type="gender" value="male"/> </persName> was at Hicks's-hall; he was before the Grand Jury; had he been brought there by Mr. Akerman without authority, is it an objection to the witness, or his examination? had he escaped from Mr. Akerman for that purpose, and came back again, is it an objection to his competency, or to their examination of him? or can the Grand Jury reject him, and say, how are you brought here? be it therefore by a wrong in law, or be it by a right in law, the fact is, he was there; and, as I have stated before, if, Mr. Akerman the keeper of Newgate, against the duty of his office, if the Quarter Sessions, against the authority they bear, had taken him there, if the prisoner had broke the gaol, and had gone there, still my argument is this, that being there there is no other question, but is he competent or incompetent? My Lords, that is the question here, and will your lordships now say, that the Grand Jury were themselves not indictable, if they had rejected the witness upon that ground? my Lords, I could not have defended a Grand Jury who had rejected witness offering his testimony, upon any ground of legal incompetency, I should have stood in an aukward situation as counsel for such a Grand Jury; if I am wrong I shall be corrected in that, if I am right, then the Grand Jury did their duty in the examination, your lordships will do yours in trying the facts upon the parchment, to which there is no objection, at least at present, made; if there be any, I am sure for one, whatever may be in favour of the prisoner, from whatever quarter it comes, I shall be perfectly satisfied; the only fear I ever possessed is, not that a prisoner should escape, but lest it should be my fault to convict him. The witness, having been examined, is now objected to, not as incompetent here, for then the gentlemen are before their time in the objection; when he is brought here it is time enough to argue, that, without your lordships order, he stands at your bar as a witness; I say, that is the time when the objection is to be made: I hope when that time comes, the objection will be answered; I feel myself, in my own judgment at least, very capable of answering it upon principles of law, upon the received and universal practice in the little experience I have had; then, my lords, if the gentlemen are before their time in the objection, we are so far right, that we are in possession of a bill found by a Grand Jury competent to examine witnesses, competetent to find, and competent to return it: from such a Grand Jury this bill comes. My lords, it has been said, and I subscribe to the doctrine, that if there is an outlaw upon the Grand Jury, if there is one that by law is no grand juryman, that it vitiates the indictment, what is the solid and substantial sense of the objection? for cases may be quoted for ever, lines may be produced out of books, but they will want foundation and sense when they come to be examined; and what is the sense of the objectors? that the grand juryman being no grand juryman at all, why there was no Grand Jury. What is the law then? I say, that as to objections arising from the incompetency of the Grand Jury, it goes to this solid plain position, and indeed all law is resolvable, when understood, into the plainest positions; it is not the law for this or any other country, if it is not intelligible to every man's capacity; it requires some pains to trace and
<xptr type="pageFacsimile" doc="177702190015"/> find it out, but when explained it must be intelligible.</p>
<p>Mr. Justice GOULD. - Mr. Howarth, you see the counsel for the crown insist upon going on with this indictment, found as it is; suppose conviction should follow upon this trial, to be sure the Court will save the question, whether Robertson was improperly and illegally produced before the Grand Jury, for the opinion of all the judges; but it is not for the Court to give advice one way or the other; - the Court give no advice, but the counsel for the prisoner proceed upon this indictment at their peril.</p>
<p>Mr. Baron PERRYN. - Mr. Mansfield, you will take into your consideration, that if you proceed upon this indictment, and the judges afterwards should be of opinion that it ought not to have been proceeded upon, because it was improperly obtained, the consequence will be, that the prisoner can never be tried upon any other indictment for this crime, and therefore this prosecution must be final; whereas if you have any objection in your mind respecting the propriety of proceeding upon this indictment, another indictment may now be preferred before the Grand Jury, and you may now make your application to this Court for the purpose of producing
<persName id="t17770219-1-person55"> Lewis Robertson
<interp inst="t17770219-1-person55" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person55" type="given" value="Lewis"/>
<interp inst="t17770219-1-person55" type="gender" value="male"/> </persName> as a witness before that Grand Jury; and I will freely own my sentiments that a judge has no right to give his advice, whether a person's testimony is sufficient to convict another; but when the trial comes on, he is then to form his idea of the competency of that evidence; and I will never, while I am a judge, give my opinion what evidence ought to be produced: and the construction put upon what was quoted from Lord Hale is, that what is said by the Court before trial could not be given by way of advice, but only when he is brought to trial: it is contrary to the constitution that the opinion of the judge should be taken before the trial; and I should have no difficulty, I own, whatsoever, to pronounce an order for taking Robertson out of the custody of Mr. Akerman to be produced before the Grand Jury; and my idea of it is, that it would be an order of course, provided he had been in our calendar; and all the litigation of this day has proceeded from too great and an improper lenity to the prisoner at the bar in not putting him upon the footing of other prisoners, by bringing him here six days before the sessions; and whoever was the author of that lenity has produced all this confusion. You will consider whether you will proceed upon this or prefer another bill.</p>
<p>Mr. HOWARTH. - I have advised with the gentlemen with whom I have the honor to be of counsel for Dr. Dodd. We made this objection to your lordships under the hope that it had some weight and substance in it; I believe all of us are rather the more confirmed in that objection by the arguments of the gentlemen on the other side; and we are willing and desirous, on the part of Dr. Dodd, that the trial should proceed, if your lordships will reserve the question for the opinion of the Twelve Judges.</p>
<persName id="t17770219-1-defend57" type="defendantName"> WILLIAM DODD
<interp inst="t17770219-1-defend57" type="surname" value="DODD"/>
<interp inst="t17770219-1-defend57" type="given" value="WILLIAM"/>
<interp inst="t17770219-1-defend57" type="gender" value="male"/> </persName> ,
<rs id="t17770219-1-deflabel1" type="occupation">Doctor of Laws</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-1-defend57 t17770219-1-deflabel1"/>, was indicted for that
<rs id="t17770219-1-off2" type="offenceDescription">
<interp inst="t17770219-1-off2" type="offenceCategory" value="deception"/>
<interp inst="t17770219-1-off2" type="offenceSubcategory" value="forgery"/> he on the
<rs id="t17770219-1-cd3" type="crimeDate">4th of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-1-off2 t17770219-1-cd3"/> instant, at
<placeName id="t17770219-1-crimeloc4">St. James, Westminster</placeName>
<interp inst="t17770219-1-crimeloc4" type="placeName" value="St. James, Westminster"/>
<interp inst="t17770219-1-crimeloc4" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-1-off2 t17770219-1-crimeloc4"/>, feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain paper writing, partly printed and partly written, purporting to be a bond, and to be signed by the Right Honourable the
<persName id="t17770219-1-victim58" type="victimName">
<rs id="t17770219-1-viclabel5" type="occupation">Earl</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-1-victim58 t17770219-1-viclabel5"/> of Chesterfield
<interp inst="t17770219-1-victim58" type="gender" value="male"/> </persName> , with the name of Chesterfield, and to be sealed and delivered by the said-Earl; the tenor of which said false, forged, and counterfeit paper writing, partly printed and partly written, purporting to be a bond </rs>, is as followeth (that is to say)</p>
<p>'Know all men by these presents that I the</p>
<p>'Right Honourable the Earl of Chesterfield</p>
<p>'am held and firmly bound to
<persName id="t17770219-1-person59"> Henry Fletcher
<interp inst="t17770219-1-person59" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person59" type="given" value="Henry"/>
<interp inst="t17770219-1-person59" type="gender" value="male"/> </persName> </p>
<p>'of London, Banker, Esq; in the sum of eight</p>
<p>'thousand four hundred pounds of good and</p>
<p>'lawful money of Great Britain, to be paid to</p>
<p>'the said
<persName id="t17770219-1-person60"> Henry Fletcher
<interp inst="t17770219-1-person60" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person60" type="given" value="Henry"/>
<interp inst="t17770219-1-person60" type="gender" value="male"/> </persName> , Esq; or his certain</p>
<p>'attorney, executors, administrators, or</p>
<p>'assigns, for which payment to be well and</p>
<p>'faithfully made I bind myself my heirs, executors,</p>
<p>'and administrators firmly by these</p>
<p>'presents, sealed with my seal, dated the fourth</p>
<p>'day of February in the seventeenth year of</p>
<p>'the reign of our sovereign Lord
<persName id="t17770219-1-person61"> George the
<interp inst="t17770219-1-person61" type="surname" value="the"/>
<interp inst="t17770219-1-person61" type="given" value="George"/>
<interp inst="t17770219-1-person61" type="gender" value="male"/> </persName> </p>
<p>'Third, by the grace of God of Great Britain,
<xptr type="pageFacsimile" doc="177702190016"/> ' France and Ireland King, defender of the</p>
<p>'faith and so forth, and in the year of our</p>
<p>'Lord one thousand seven hundred and seventy</p>
<p>'Whereas the said
<persName id="t17770219-1-person62"> Henry Fletcher
<interp inst="t17770219-1-person62" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person62" type="given" value="Henry"/>
<interp inst="t17770219-1-person62" type="gender" value="male"/> </persName> , Esq;</p>
<p>'hath contracted with the above bounden the</p>
<p>'Earl of Chesterfield for the absolute purchase</p>
<p>'of one annuity or clear yearly sum of</p>
<p>'seven hundred pounds of lawful money of</p>
<p>'Great Britain, free from all taxes and deductions</p>
<p>'whatsoever, payable quarterly for</p>
<p>'and during the natural life of him the said the</p>
<p>'Earl of Chesterfield, at and for the price or sum</p>
<p>'of four thousand two hundred pounds, and</p>
<p>'which said sum of four thousand two hundred</p>
<p>'pounds the said
<persName id="t17770219-1-person63"> Henry Fletcher
<interp inst="t17770219-1-person63" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person63" type="given" value="Henry"/>
<interp inst="t17770219-1-person63" type="gender" value="male"/> </persName> hath paid to</p>
<p>'the said the Earl of Chesterfield at the time of</p>
<p>'the execution of these presents; the receipt</p>
<p>'whereof is hereby acknowledged. Now the</p>
<p>'condition of the above written obligation is</p>
<p>'such, that if the above bounden the Earl of</p>
<p>'Chesterfield, his heirs, executors, or administrators,</p>
<p>'do and shall well and truly pay or</p>
<p>'cause to be paid unto the said
<persName id="t17770219-1-person64"> Henry Fletcher
<interp inst="t17770219-1-person64" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person64" type="given" value="Henry"/>
<interp inst="t17770219-1-person64" type="gender" value="male"/> </persName> ,</p>
<p>'his executors, administrators, or assigns, one</p>
<p>'annuity or clear yearly sum of seven hundred</p>
<p>'pounds of lawful money of Great Britain by</p>
<p>'four even and equal quarterly payments on</p>
<p>'the respective days and times following (that</p>
<p>'is to say) on the fourth day of May, the</p>
<p>'fourth day of August, the fourth day of</p>
<p>'November, and the fourth day of February</p>
<p>'from henceforth in each and every year for</p>
<p>'and during the natural life of him the said</p>
<p>'the Earl of Chesterfield; and also a proportionable</p>
<p>'part of the last quarterly payment of</p>
<p>'the said annuity or clear yearly sum of seven</p>
<p>'hundred pounds up, to, and until the day</p>
<p>'of the decease of him the said the Earl of</p>
<p>'Chesterfield, without any deduction or abatement</p>
<p>'whatsoever; the first payment thereof</p>
<p>'to begin and be made on the fourth day of</p>
<p>'May now next ensuing the day of the date</p>
<p>'thereof, then the above written obligation to</p>
<p>'be void, otherwise to remain in full force and</p>
<p>CHESTERFIELD.' (L.S.)</p>
<p>Sealed and delivered by the Right Honourable the Earl of Chesterfield in the presence of</p>
<persName id="t17770219-1-person65"> WILLIAM DODD
<interp inst="t17770219-1-person65" type="surname" value="DODD"/>
<interp inst="t17770219-1-person65" type="given" value="WILLIAM"/>
<interp inst="t17770219-1-person65" type="gender" value="male"/> </persName> ,
<persName id="t17770219-1-person66"> LEWIS ROBERTSON
<interp inst="t17770219-1-person66" type="surname" value="ROBERTSON"/>
<interp inst="t17770219-1-person66" type="given" value="LEWIS"/>
<interp inst="t17770219-1-person66" type="gender" value="male"/> </persName> .</p>
<p>with intention to defraud the said Earl against the statute, &c.</p>
<p>2d Count. The same as the first, only charging it to be with intention to defraud the said
<persName id="t17770219-1-victim68" type="victimName"> Henry Fletcher
<interp inst="t17770219-1-victim68" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-victim68" type="given" value="Henry"/>
<interp inst="t17770219-1-victim68" type="gender" value="male"/> </persName> .</p>
<p>3d Count. For feloniously uttering and publishing as true the said forged bond with intention to defraud the said Earl (knowing the same to be forged, &c.) against the statute, &c.</p>
<p>4th Count. For feloniously uttering and publishing as true the said forged bond with intention to defraud the said
<persName id="t17770219-1-person69"> Henry Fletcher
<interp inst="t17770219-1-person69" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person69" type="given" value="Henry"/>
<interp inst="t17770219-1-person69" type="gender" value="male"/> </persName> , against the statute, and knowing the same to be forged.</p>
<p>5th Count. For feloniously forging and counterfeiting on the same day and place a certain paper writing, purporting to be an acquittance and receipt for money (to wit) 4200 l. and to be signed by the said Earl of Chesterfield; which said forged and counterfeited paper writing, purporting to be an acquittance and receipt for money, is in the words and figures following (that is to say)</p>
<p>'Received the 4th day February, 1777, of</p>
<persName id="t17770219-1-person70"> Henry Fletcher
<interp inst="t17770219-1-person70" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person70" type="given" value="Henry"/>
<interp inst="t17770219-1-person70" type="gender" value="male"/> </persName> , Esquire, the sum of four</p>
<p>'thousand two hundred pounds, being the</p>
<p>'consideration money above-mentioned to be</p>
<p>'paid by him to me, I say received by me</p>
<persName id="t17770219-1-person71"> WILLIAM DODD
<interp inst="t17770219-1-person71" type="surname" value="DODD"/>
<interp inst="t17770219-1-person71" type="given" value="WILLIAM"/>
<interp inst="t17770219-1-person71" type="gender" value="male"/> </persName> ,
<persName id="t17770219-1-person72"> LEWIS ROBERTSON
<interp inst="t17770219-1-person72" type="surname" value="ROBERTSON"/>
<interp inst="t17770219-1-person72" type="given" value="LEWIS"/>
<interp inst="t17770219-1-person72" type="gender" value="male"/> </persName> .</p>
<p>with intention to defraud the said Earl, against the statute, &c.</p>
<p>6th Count. The same as the first, only charging it to be with intention to defraud the said
<persName id="t17770219-1-person73"> Henry Fletcher
<interp inst="t17770219-1-person73" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person73" type="given" value="Henry"/>
<interp inst="t17770219-1-person73" type="gender" value="male"/> </persName> .</p>
<p>7th Count. For feloniously uttering and publishing as true the said forged and counterfeited paper writing, purporting to be an acquittance and receipt for money with intention to defraud the said Earl (knowing the
<xptr type="pageFacsimile" doc="177702190017"/> same to have been forged, against the statute, &c.</p>
<p>8th Count. The same as the 7th, only with intention to defraud the said
<persName id="t17770219-1-person74"> Henry Fletcher
<interp inst="t17770219-1-person74" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person74" type="given" value="Henry"/>
<interp inst="t17770219-1-person74" type="gender" value="male"/> </persName> .</p>
<p>Mr. MANSFIELD. - May it please your Lordship and Gentlemen of the Jury, this as you have heard already is an indictment against the prisoner at the bar, Dr. Dodd, for the crime of forgery, which in the words of the indictment is forging, and causing or procuring to be forged, and aiding and assisting in forging a false instrument called a bond; there is another charge for forging a receipt, the bond and receipt relating to one another, being two different instruments: the indictment charges him as being a forger of those two instruments, as assisting in forging them, and as publishing them knowing them to be forged; to this indictment Doctor Dodd has pleaded that he is Not guilty; and you are now upon the evidence which shall be brought before you, to decide whether Dr. Dodd is, or is not guilty of either of these crimes so imputed to him. As this prosecution and the transaction which gave occasion to it has been made the subject of very general discourse, and has been so circulated in the papers, that there is scarce any man at all that is acquainted with what passes in this city, but supposes himself to know very much about the crime imputed to Dr. Dodd, and from the stories that have been circulated, from the representations that have been made of it, judgments are very apt to be formed prejudicial to the person upon whose life you are now to determine, it is very much to be lamented that it is impossible to keep transactions of this fort from being thus made the subject of public talk, because from thence prejudices are very apt to arise in the minds of those who perhaps afterwards may fit as you do in judgment upon the matter, and I mention this to you merely for this reason, because I myself, as well as the prosecutor of Dr. Dodd, would be very sorry that he or any man standing in his situation should suffer the least prejudice from any thing that hath been said or heard before the actual trial; and I wish you therefore upon the present occasion so to judge and so to act, as if that which you will now hear from the witnesses was the first relation that had ever reached your ears concerning this matter; suppose it now to be intirely fresh, and that this is the first moment of your lives in which you knew that Dr. Dodd was to be brought to a trial under an accusation of forgery; it would be a great pleasure to me, I am sure it would to those, who for the sake of justice alone carry on this prosecution, to find that the evidence should be such as would in your judgment warrant you to pronounce that Dr. Dodd is not guilty of the crime that is imputed to him. On the other hand, if the evidence should be such as fully and beyond all doubt evinces the guilt imputed to him, then, however you and every man may lament that a gentleman of his function and character should descend to the commission of such a crime, yet uneasy and disgustful as the office is, and sorry as you may be to perform it, you will do your duty and say, that Dr. Dodd is guilty as he is proved to be: I am indeed, gentlemen, very much afraid; that though I sincerely wish it may be in your power to acquit the prisoner, that consistently with a very few plain facts that I have to state to you, it will be utterly impossible for any man who hears the story proved to think him so; it will be enough either to prove him to be the person who forged, or who published the instrument or the receipt, knowing them to be forged; the crime is the same in the judgment of the law, the guilt in point of conscience is the same, the punishment to be inflicted is the same, but I am afraid there will be no doubt but this unfortunate gentleman will be proved to be certainly the author, the forger, and likewise the publisher. The facts by which this will be made out to you are but few; the bond is for a large sum of money, the sum of 4200 l. purporting to be a bond from Lord Chesterfield to Mr. Fletcher. The receipt is for 4200 l. paid by Mr. Fletcher as to my Lord Chesterfield, a receipt purporting to be a receipt of my Lord Chesterfield; it is a bond for an annuity of 700 l. a year, and 4200 l. was the sum to be raised upon it; the bond apparently is signed by Lord Chesterfield; it is signed by the name of Chesterfield; it is attested by Dr. Dodd; it is attested also by a Mr.
<persName id="t17770219-1-person75"> Lewis Robertson
<interp inst="t17770219-1-person75" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person75" type="given" value="Lewis"/>
<interp inst="t17770219-1-person75" type="gender" value="male"/> </persName> ; now, when it will be proved to you, as it will be most clearly by
<xptr type="pageFacsimile" doc="177702190018"/> Lord Chesterfield himself as well as by others, who are perfectly well acquainted with Lord Chesterfield's manner of writing, that this is not his bond, that he never signed it, it will thus be made out clearly to have been signed by somebody else, to have been forged by somebody; the same observation is to be made with regard to the receipt, for then when it is proved, as it will be, not to be the bond, not to be the receipt of Lord Chesterfield, but to have been forged by somebody; it will then in the next place be proved to you beyond a doubt, that the hand-writing of the person who wrote the name of
<persName id="t17770219-1-person76"> William Dodd
<interp inst="t17770219-1-person76" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person76" type="given" value="William"/>
<interp inst="t17770219-1-person76" type="gender" value="male"/> </persName> , the name of the prisoner now standing before you, was written by himself, as his hand-writing is extremely well known, and that hand-writing will be very clearly proved; now, gentlemen, if the case rested there, unless it was in the power (which for one I wish it might be) of the prisoner at the bar to shew to you that this was not his hand-writing, or that my Lord Chesterfield's signing was really my Lord Chesterfield's, why there would be clear and decisive evidence against him as the forger of this bond; in general so strong evidence as that cannot possibly be obtained to prove a forgery; because, in general hands are disguised, feigned names are used, and it is difficult to make out the signature; but here it will be proved, that the name
<persName id="t17770219-1-person77"> William Dodd
<interp inst="t17770219-1-person77" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person77" type="given" value="William"/>
<interp inst="t17770219-1-person77" type="gender" value="male"/> </persName> is really and truly the hand-writing of the prisoner. Then if a bond is proved to be forged, if the hand-writing of a man charged as the forger, is proved to be to it as the witness, and he cannot explain it, why, then there is clear and full proof that it is forged by him; and if the case stopt at that point, I am afraid it would be utterly impossible for the prisoner to make out his innocence; but as there are various other circumstances in this case, it is necessary for me to relate them to you.</p>
<p>When this bond first appeared to Mr. Fletcher, or Mr. Peach, who assisted Mr. Fletcher in advancing the money, being signed by the name Chesterfield, with these witness names, Dodd and Robertson, affixed to it, it had the effect, that money to the amount of 4200 l. was advanced. Robertson, I believe, was a broker employed to negociate this matter. After the money had been obtained, and the bond deposited with Mr. Manly, who acted as attorney for Mr. Fletcher, he observed upon the bond a very remarkable blot; there was no particular effect, I think, in this blot, but it was in the letter e in the word seven, which you will observe in the bond: this was upon the 5th of February, the bond bore date upon the 4th; and upon the 5th of February Mr. Manly seeing this, it struck him as something singular; he spoke to Mr. Fletcher about it, and told him that this bond had a very odd blot in it; there were some strokes both above and below the line of the bond, which had a very singular appearance; though they could not tell for what purpose any thing had been done with a pen, yet there appeared scratches with a pen as if something had been done: Mr. Manly talking to Mr. Fletcher about it, Mr. Fletcher wished that another bond might be prepared, fairly and without any blot, and might be carried to Lord Chesterfield to execute: this produced a meeting between Mr. Manly and my Lord Chesterfield upon the 7th of February: upon the 7th of February, Lord Chesterfield seeing this bond, said it was a forgery, and not his bond. The next step which was taken was that which was fit; an information was made before the Lord Mayor; and this bond having first appeared to Mr. Fletcher and Mr. Peach in the city of London, Dr. Dodd and Mr. Robertson were both carried before that magistrate; but before they were carried before the Lord Mayor, Mr. Manly went with an officer, together with Robertson, to Dr. Dodd's, and Mr. Manly then acquainted Dr. Dodd with the business on which he came: Mr. Manly told Dr. Dodd that he was very sorry to attend him upon such an occasion; that it was upon a charge of forgery against him, the forging a bond of Lord Cherfield's. Dr. Dodd appeared, as any one naturally would with such a charge brought against him, very much shocked. He was asked, what it was that could induce him to do this deed? and Dr. Dodd, struck and overwhelmed with a charge so brought upon him, and Robertson being present, whose name appears upon the bond, Dr. Dodd said, that it was urgent necessity had pressed him to it. He then gave some reasons, some tradesmens bills. I think, that he had to pay; that he meant no injury to Lord Chesterfield or any one, that he meant to pay the money back, and had resources by which he
<xptr type="pageFacsimile" doc="177702190019"/> should be able to do it; but he did not deny it, he did not pretend to deny it; he did not insinuate that he was innocent of the charge, but only, as I tell you, gave some reasons, by way of palliating the crime, for his having committed it: when carried before the magistrate, and again charged with this crime, Dr. Dodd did not then deny it; but he applied for mercy, said that he was very willing to make every restitution in his power; that he had a regard for Lord Chesterfield, and applying to Lord Chesterfield's compassion and tenderness, hoped there might be no prosecution; but neither then, nor when Mr. Manly first charged him, did he at all deny the crime, but, you see, held language and conversation which did in the most express terms admit his guilt. This is in general the amount of the proofs against Dr. Dodd, depending, you see, merely upon Lord Chesterfield, upon those acquainted with his hand and those acquainted with Dr. Dodd's, and upon those who were present at those confessions: besides this, we shall be able to explain to you how this matter began and was transacted: Mr. Robertson was, as I have told you, a broker, and appears to have been the agent of Dr. Dodd in this business: but I must, in justice to Mr. Robertson, say, that being himself perfectly satisfied by the representations of Dr. Dodd, that it was the bond of Lord Chesterfield; and I have the more reason to say this, because at the first interview, in the presence of Mr. Manly, when he charged Dr. Dodd, Mr. Robertson called out upon Dr. Dodd to say whether he was not perfectly innocent; and it is justice to Dr. Dodd, as well as Mr. Robertson, to say, that upon that occasion he did, and in the most emphatic expressive terms, acquit Mr. Robertson of his being in any wise criminal, of his being at all acquainted with the forgery or having any thing to do with it: this he did more than once in terms very explicit, which did convince every one that had any thing to do with this affair, and were concerned in this prosecution, that though Robertson was certainly blameable in suffering his name to appear as a witness to an instrument which he did not see executed by Lord Chesterfield, which it purports that he did, yet that he was himself imposed upon, that he bore no part at all in the forgery: Mr. Robertson will tell you, that from Dr. Dodd he received the bond, that at his instance he negociated it; and that Dr. Dodd had the money produced from this bond we know, because by Dr. Dodd that money that he had received upon the bond was refunded, except a small sum he had made use of; 3000 l. was advanced in notes upon the house of Raymond and Co. of which Mr. Fletcher was a partner, the other in Banknotes; there was something Robertson had as the brokerage, the rest went to Dr. Dodd; and Robertson will give you an account of this, and will explain to you how the transaction began. This is in general the nature of the evidence we have to lay before you; and after what I have stated to you with regard to Robertson, I am sure every body will go before me in considering that it was not false clemency in the prosecutor, or any improper motive whatever that made him, or those that advised him, think that it was fit and proper to use the testimony of Robertson upon this occasion, though without that it is so extremely strong, you will see, upon Dr. Dodd, that it will be almost impossible, I think, for him to answer it: there are matters of smaller consequence and less moment that will appear in the cause, which it is not necessary for me to trouble you with. Dr. Dodd, you see, is charged as the forger, as the publisher, that is, the person who uses, who delivers this instrument, knowing it to be forged; and if he be proved to be guilty of either, the crime is equally enormous, in the judgment of the law the punishment is the same. Mr. Robertson is guilty of a behaviour which no one can but blame, in having suffered his name to stand upon this bond which he had never seen executed, and in saying, as I believe he did, that he had seen it executed at the time when it went out of his hand; but all this was under a perfect persuasion, in consequence of the representations of Dr. Dodd, that the bond was really genuine. When these facts are laid before you, you know very well your duty; it will be for you to draw the conclusion. If the evidence be such as does irresistibly prove that Dr. Dodd forged or published either of the instruments, knowing them to be forged, then you will pronounce him guilty; if you see any room upon the evidence to doubt of his being guilty, if you are not perfectly convinced that
<xptr type="pageFacsimile" doc="177702190020"/> he is, to be sure you and every one present at this trial will be glad that there should be a reason for you to give a contrary verdict, and for saying that he is innocent.</p>
<p>Mr. DAVENPORT. - Pray, my Lord Chesterfield, has your lordship got a release from Mr. Fletcher?</p>
<p>The Earl of CHESTERFIELD. I have (produces it).</p>
<persName id="t17770219-1-person78"> JOHN MANLY
<interp inst="t17770219-1-person78" type="surname" value="MANLY"/>
<interp inst="t17770219-1-person78" type="given" value="JOHN"/>
<interp inst="t17770219-1-person78" type="gender" value="male"/> </persName> sworn.</p>
<p>Did you see that release executed by Mr. Fletcher? - I did.</p>
<p>[The release from Mr. Fletcher to the Earl of Chesterfield was read in Court; it appeared that his lordship was thereby released from all actions and all demands by Mr. Fletcher upon his lordship from the beginning of the world to this time.</p>
<p>(Mr. Manly produced the bond.)</p>
<p>Has that bond been out of; your sight since you first had the custody of it? - Yes; it has been in Mr. Fletcher's custody as well as mine; it came into my custody on Tuesday the 4th instant; it has remained in my custody ever since, except the night after we made the information; it was left that night, to the best of my remembrance, at Mr. Fletcher's; that was on Friday the 7th; it was locked up in Mr. Fletcher's room; it was locked up in his compting-house to the best of my remembrance with the bills, and he gave it me back again afterwards.</p>
<p>Is that the same bond that you gave to Mr. Fletcher and that you received back from him? - I believe so.</p>
<persName id="t17770219-1-person79"> HENRY FLETCHER
<interp inst="t17770219-1-person79" type="surname" value="FLETCHER"/>
<interp inst="t17770219-1-person79" type="given" value="HENRY"/>
<interp inst="t17770219-1-person79" type="gender" value="male"/> </persName> sworn.</p>
<p>Did you deliver the bond you received of Mr. Manly back again to him? - I did; it was always in my custody till I delivered it back.</p>
<p>Cross Examination.</p>
<p>Did you intrust it into the hands of any persons? - It was always in the room; it was never out of my sight.</p>
<persName id="t17770219-1-person80"> JOHN MANLY
<interp inst="t17770219-1-person80" type="surname" value="MANLY"/>
<interp inst="t17770219-1-person80" type="given" value="JOHN"/>
<interp inst="t17770219-1-person80" type="gender" value="male"/> </persName> . There is one circumstance that I should mention; I entrusted my clerk to take a copy of the bond, and it was then out of my sight.</p>
<persName id="t17770219-1-person81"> WILLIAM MANLY
<interp inst="t17770219-1-person81" type="surname" value="MANLY"/>
<interp inst="t17770219-1-person81" type="given" value="WILLIAM"/>
<interp inst="t17770219-1-person81" type="gender" value="male"/> </persName> sworn.</p>
<p>Was that bond delivered to you by your brother, Mr.
<persName id="t17770219-1-person82"> John Manly
<interp inst="t17770219-1-person82" type="surname" value="Manly"/>
<interp inst="t17770219-1-person82" type="given" value="John"/>
<interp inst="t17770219-1-person82" type="gender" value="male"/> </persName> , to copy? - It was; I delivered it to him again immediately after I had copied it.</p>
<p>Was it ever out of your custody? - Never.</p>
<p>The Right Hon. the Earl of CHESTERFIELD sworn.</p>
<p>Is the name Chesterfield in that bond your lordship's hand-writing? - It is not.</p>
<p>Was the bond ever produced to your lordship till it was produced by Mr. Manly? - I never saw it till that time.</p>
<p>When was that? - Tuesday the 7th of February.</p>
<p>Did your lordship ever see or deliver that bond at all? - Never.</p>
<p>Is the name Chesterfield to that receipt your lordship's hand-writing? - It is not.</p>
<p>Did you ever see that bond before it was produced by Mr. Manly? - Never.</p>
<p>Does your lordship know the prisoner
<persName id="t17770219-1-person83"> William Dodd
<interp inst="t17770219-1-person83" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person83" type="given" value="William"/>
<interp inst="t17770219-1-person83" type="gender" value="male"/> </persName> ? - I do.</p>
<p>Your lordship has known him a long time, I believe? - I have.</p>
<p>He was your lordship's tutor, I understand? - He was.</p>
<p>Has your lordship often seen him write? - I have often.</p>
<p>Has your lordship ever observed enough of his hand-writing to be able to say whether that
<persName id="t17770219-1-person84"> William Dodd
<interp inst="t17770219-1-person84" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person84" type="given" value="William"/>
<interp inst="t17770219-1-person84" type="gender" value="male"/> </persName> , wrote as a subscribing witness to the bond, is the hand-writing of the prisoner? - I have.</p>
<p>Does your lordship believe that to be his hand-writing? - I believe it is.</p>
<p>Can your lordship form any belief whose hand-writing the name Chesterfield is? - I cannot.</p>
<p>Mr. HOWARTH. I beg to ask Mr. Manly, whether he delivered the bond the first time into the hands of Mr. Fletcher, or left it at Mr. Fletcher's house? - I delivered it to himself, to the best of my remembrance; it was not left at the house for him.</p>
<persName id="t17770219-1-person85"> ALBERT INNIS
<interp inst="t17770219-1-person85" type="surname" value="INNIS"/>
<interp inst="t17770219-1-person85" type="given" value="ALBERT"/>
<interp inst="t17770219-1-person85" type="gender" value="male"/> </persName> sworn.</p>
<p>Are you acquainted with Lord Chesterfield's hand-writing? - I am.</p>
<p>Is the name of Chesterfield to that bond his lordship's hand-writing? - No, it is not.</p>
<p>Look at the receipt; is the name Chesterfield to that his lordship's hand-writing? - Neither is this his hand-writing.</p>
<xptr type="pageFacsimile" doc="177702190021"/>Mr.
<persName id="t17770219-1-person86"> SAMUEL LEACROT
<interp inst="t17770219-1-person86" type="surname" value="LEACROT"/>
<interp inst="t17770219-1-person86" type="given" value="SAMUEL"/>
<interp inst="t17770219-1-person86" type="gender" value="male"/> </persName> sworn.</p>
<p>Have you seen Dr. Dodd write? - I don't recollect Dr. Dodd's hand-writing.</p>
<persName id="t17770219-1-person87"> JAMES NEALE
<interp inst="t17770219-1-person87" type="surname" value="NEALE"/>
<interp inst="t17770219-1-person87" type="given" value="JAMES"/>
<interp inst="t17770219-1-person87" type="gender" value="male"/> </persName> sworn.</p>
<p>Have you seen Dr. Dodd write? - I have.</p>
<p>Look at the name
<persName id="t17770219-1-person88"> William Dodd
<interp inst="t17770219-1-person88" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person88" type="given" value="William"/>
<interp inst="t17770219-1-person88" type="gender" value="male"/> </persName> in that bond, and tell the Court whether from the knowledge you have of his hand-writing you believe that to be his or not? - From; the similarity of what I have seen Dr. Dodd write, I am inclined to believe it is.</p>
<p>Look at the other name
<persName id="t17770219-1-person89"> William Dodd
<interp inst="t17770219-1-person89" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person89" type="given" value="William"/>
<interp inst="t17770219-1-person89" type="gender" value="male"/> </persName> subscribed to the receipt; is that in your opinion Dr. Dodd's hand-writing? - In my opinion it is; as treasurer of a public charity, of which the doctor was the founder, I have frequently seen him subscribe his name: the charity is for the relief of persons confined for small debts.</p>
<p>And from the knowledge you have of his hand-writing, you are inclined to think that is his hand-writing? - I am.</p>
<persName id="t17770219-1-person90"> JEFFREY OAKES
<interp inst="t17770219-1-person90" type="surname" value="OAKES"/>
<interp inst="t17770219-1-person90" type="given" value="JEFFREY"/>
<interp inst="t17770219-1-person90" type="gender" value="male"/> </persName> sworn.</p>
<p>I am steward to my Lord Chesterfield; I have frequently seen his lordship write.</p>
<p>Look at that name Chesterfield to the bond and to the receipt, and tell the Court whether you think that is his lordship's hand-writing? - No; I never saw Lord Chesterfield write such a hand in my life.</p>
<p>[The bond and the receipt were read in Court, and compared with the statement of them in the record, with which they literally tallied.]</p>
<p>Council for the Crown. Mr. Manly, you will now be pleased to inform the Court what you know of this transaction? - On Tuesday the 4th of this instant February, the bond that has been produced, with a warrant of attorney and a letter which is in my possession, were left at my chambers when I was not at home, as I was told, by Mr. Peach, who is a Silk-merchant in Bread-street; he came with the Broker,
<persName id="t17770219-1-person91"> Lewis Robertson
<interp inst="t17770219-1-person91" type="surname" value="Robertson"/>
<interp inst="t17770219-1-person91" type="given" value="Lewis"/>
<interp inst="t17770219-1-person91" type="gender" value="male"/> </persName> , as I was informed, and left them there for me to look at; I found them on my desk when I came home: I was informed that the sum of money had been paid: this was all the information I then had; they were left for me to look at to see if all was right.</p>
<p>COURT. Were they left on behalf of any particular client? - Mr. Fletcher and Mr. Peach are both my clients; I perused the bond, I believe, first: I observed in the condition of the bond a very remarkable blot in the letter e in the word seven, before seven hundred pounds; it was a blot of a remarkable nature; it did not appear to me to be the effect of chance, but the act of a pen, dotted in hair-strokes in a particular manner, as if done by design.</p>
<p>Does that appear in that bond now? - It does.</p>
<p>(The bond is shewn to the Jury.)</p>
<p>Mr. MANLY. The letter (e) is totally obliterated: I thought it a remarkable circumstance, and yet I could see no end it could answer to give me any reason or cause to suspect it was a forgery; however I thought it so remarkable as to be necessary to let Mr. Fletcher know it; accordingly I sent to Mr. Fletcher, and he came to me on the Wednesday evening.</p>
<p>That was next day? - I shewed Mr. Fletcher the bond, and the blot; I asked him what he thought of it? he said it was something very remarkable; I said it was; he said, I think it is best to write over a clean bond, and I will get you to wait upon Lord Chesterfield with it.</p>
<p>Council for the Prosecutor. Tell the Court and the gentlemen of the jury, when it was you first saw Dr. Dodd? - Shall I mention what passed with Lord Chesterfield first?</p>
<p>COURT. I think it will save time to let Mr. Manly tell his story.</p>
<p>You went to Lord Chesterfield? - I did.</p>
<p>Counsel for the Prisoner. Mr. Manly knows very well what is evidence, and therefore I desire he will not enter into any other particulars.</p>
<p>COURT. He is going to give evidence of what he has referred to already, and therefore he may go on without interruption.</p>
<p>Mr. MANLY. On Thursday the 6th of February, I went to Lord Chesterfield's; not meeting with his lordship at home, I took the liberty of writing a note to his lordship, acquainting his lordship with my visit, and the business, and that I should call the next morning at ten; accordingly soon after ten on the Friday morning, I went to Lord Chesterfields,
<xptr type="pageFacsimile" doc="177702190022"/> and saw his lordship; his lordship was above stairs, when I came to the room door, his lordship met me, saying, you have called about the bond; I said I had; his lordship answered, he had burnt the bond, which surprized me a little; afterwards his lordship explained to me that he had given a bond for 500 l. which he burnt when he came of age; before that explanation it was a mystery; I told his lordship, I did not understand that; I immediately introduced the bond in question to his lordship; Mr. Innis, the gentleman who has been examined, was present with his lordship; my Lord Chesterfield immediately disowned the bond.</p>
<p>Counsel for the Prisoner. This is, my Lord, what passed in conversation with Mr. Manly and other persons in the absence of Dr. Dodd, your lordship knows it is not admissible evidence against the prisoner.</p>
<p>COURT. Lord Chesterfield has been already examined as an evidence. They may ask the question of Lord Chesterfield, whether, when the bond was offered by Mr. Manly, he disowned it: this is in the course of the narrative; I shall not sum this up to the jury; but when they bring Dr. Dodd present it will be evidence.</p>
<p>Mr. MANLY. After I left his lordship, I went into the city to Mr. Fletcher, and told him his lordship said it was not his bond, and consulted him what steps he would take about it; Mr. Fletcher, myself, and Mr. Innis went to Guildhall to see if the Lord Mayor was there; Lord Chesterfield said, he supposed Dr. Dodd was gone off, that is the reason I did not apply to him.</p>
<p>COURT. That is not evidence most certainly.</p>
<p>Mr. MANLY. We preferred an information respecting our suspicions and belief of this forgery, in order to get a warrant against the broker Robertson, and Dr. Dodd; upon the information being taken, my Lord Mayor granted a warrant or warrants against them both; before the warrant, I believe, was signed by his lordship, Robertson the broker came into Sir
<persName id="t17770219-1-person92"> Charles Raymond
<interp inst="t17770219-1-person92" type="surname" value="Raymond"/>
<interp inst="t17770219-1-person92" type="given" value="Charles"/>
<interp inst="t17770219-1-person92" type="gender" value="male"/> </persName> 's shop; Mr. Fletcher came to me, when I was at the Lord Mayor's house, in Birchin-lane, which is almost next door to Mr. Fletcher's, to acquaint me that Mr. Fletcher desired I would go into the back-room to Mr. Robertson, to talk with him in the compting house.</p>
<p>COURT. What passed between you and Mr. Robertson does not go to affect the prisoner at the bar. - Robertson was taken into custody; when he was taken into custody, he, Mr. Innis, myself, and my Lord Mayor's two officers went to Dr. Dodd's house in Argyll-street; Mr. Robertson and I and one of the Lord Mayor's men in one coach.</p>
<p>COURT. Is Argyll-street in the city of London or the county of Middlesex? - In the county of Middlesex; we were admitted into the house, and Dr. Dodd soon after came down stairs to us; when we were in the parlour together, Mr. Innis, myself, Dr. Dodd, and the officers, and Robertson, I then opened the occasion of our attending him; I told him I was very sorry to attend him upon such an unhappy occasion, it was upon a charge of forgery against him, and Robertson was then in custody for forging Lord Chesterfield's bond; the Doctor seemed very much struck, and was silent some time; I told him the broker laid the whole charge to him; and asked the Doctor what could induce him to do such an act; the Doctor said, urgent necessity.</p>
<p>COURT. Previous to the time when the Doctor said that urgent necessity induced him to act thus, had any promises been made to him of any favour respecting a prosecution? - None at that time; he said urgent necessity; he was pressed to pay some tradesmens bills; that he meant no injury to Lord Chesterfield, or any one, as he meant to pay the money back in three months.</p>
<p>COURT. You are referring to a memorandum, when did you take it? - They are short minutes I made immediately afterwards; he said he meant to return the money in three months time, and had certain resources to enable him to do it.</p>
<p>COURT. At the time you had this conversation with the prisoner, did you shew him the bond that you apprehended to be a forged instrument? - I think I did not; the broker here interrupted him, and said, Doctor Dodd, I desire you will declare my innocence before all present, Doctor Dodd replied, I do, I do; I think those were his very words; he very readily did it, without the least hesitation; I
<xptr type="pageFacsimile" doc="177702190023"/> then said it was a very unhappy affair, and asked the Doctor, if he had the money to return.</p>
<p>Had the money been actually advanced by Fletcher upon that security? - The money had been paid upon the Tuesday, and I understood it had been paid, upon my brother or clerks saying it was well executed; when I asked him if he had the money to return as that would be the only means of saving him he answered he had; I then desired him immediately to give it to me; he desired to go up stairs to fetch it, but my Lord Mayor's officer refused to let him go; upon which I desired leave of the officer to entrust him with me up stairs, accordingly we went up stairs; Dr. Dodd immediately returned me six notes of 500 l. each of Sir
<persName id="t17770219-1-person93"> Charles Raymond
<interp inst="t17770219-1-person93" type="surname" value="Raymond"/>
<interp inst="t17770219-1-person93" type="given" value="Charles"/>
<interp inst="t17770219-1-person93" type="gender" value="male"/> </persName> and Co. these notes made 3000 l. Dr. Dodd took these notes out of a pigeon-hole in the bureau, or some desk of that sort; I asked him where the remainder was? he then produced his banker's book, and to the best of my remembrance there appeared the sum of 900 l. on the debtor's side of the banker's book; I asked him what he could draw for, whether he had that money at the banker's? he said he could not draw for all that, for he had had occasion to make use of part of the money, but he could draw for five or six hundred pounds; accordingly he drew a draught addressed to the acting partners of the Banking Company in St. James's Street, in favour of Mr. Fletcher or bearer for 500 l. (that 500 l. I received) immediately after Dr. Dodd had given me that draught, we came down stairs, Mr.
<persName id="t17770219-1-person94"> Robertson
<interp inst="t17770219-1-person94" type="given" value="Robertson"/>
<interp inst="t17770219-1-person94" type="gender" value="male"/> </persName> the broker then gave me a draught for 100 l. which he said he had received for half the commission.</p>
<p>Was that in the presence of Dr. Dodd? - Yes; that draught was given to Mr. Fletcher, and I understand it was paid; after I had received the 500 l. draught of the Doctor, I went to the Crown and Rolls in Chancery-lane and sent for Mr. Fletcher to come to me.</p>
<p>Where did you leave Dr. Dodd? - I left Dr. Dodd coming out of his own house with Mr. Robertson in custody with the officers; they were to go to some tavern or coffee-house in the neighbourhood till I returned; Mr. Fletcher and Mr. Corry my Lord Chesterfield's solicitor soon after called upon me there; we then went back to my Lord Chesterfield's, and there we learnt that Dr. Dodd was at the York Coffee-house in St. James's-street; we went there, and there we found Dr. Dodd and the officers and Robertson: we ordered a room up stairs, and when we were all up stairs together in presence of all the gentlemen, I asked Dr. Dodd if he could give any security for the remainder of the money; he immediately said he would give any security in his power, he was ready to make any restitution he could; I asked him if he would give a judgment upon his goods, he said he would, or any thing else; he was, in fact, desirous of doing it; he then executed a warrant of attorney to confess judgment as a security for the remaining 600 l. and I believe that was attested by Mr. Corry and myself; after he had given this judgment he said, I think I can draw for 200 l. more upon my banker; I said, if you can it will be much better; the Doctor instantly drew a draught for 200 l. which reduced it to 400 l. that draught of 200 l. was paid the next morning, as I am informed, and have no doubt, there then remained 400 l. and the judgment was the next day entered for the 400 l. and execution taken out.</p>
<p>COURT. I suppose there were goods enough to answer that? - There is a distress for rent and another execution, but I am told there is enough.</p>
<p>Did you afterwards, or when, go before the Lord Mayor? - The next day, Saturday; Lord Chesterfield called upon Mr. Fletcher at Sir Charles Raymond's house; I had a message to come there, and a message was sent to the Lord Mayor to know his lordship's pleasure when he would be attended upon that business; an answer came back that the prisoners were then before my Lord Mayor, which we did not know of; we then went before my Lord Mayor, and were sworn to give evidence.</p>
<p>Was Lord Chesterfield there? - Yes; my Lord Chesterfield, Mr. Fletcher, Mr. Innis, and myself; the Lord Mayor bound over Mr. Fletcher and Mr. Peach to prosecute, and the rest, as I understood it, only to give evidence, the recognizance was taken different.</p>
<p>Was the bond produced before my Lord Mayor? - It was.</p>
<xptr type="pageFacsimile" doc="177702190024"/>Was there many witnesses examined before my Lord Mayor? - Mr. Fletcher, Mr. Peach, Mr. Innis, myself, and I believe my Lord Chesterfield.</p>
<p>W as the bond read? - I don't know; it was laid on the table: the information that was given was read to the prisoner. The Lord Mayor laid the bond before them and asked them many questions.</p>
<p>Cross Examination.</p>
<p>Do you know whether the examination before my Lord Mayor was reduced into writing? - I did not see that it was; Dr. Dodd when called upon his defence, I did not take it down, but the substance of it was, that he was pressed to pay some tradesmen's bills; he meant no injury to any one, and meant to restore the money.</p>
<p>When the bond was produced and Dr. Dodd charged with forging of it, he admitted the fact, did he? - He did.</p>
<p>What time of the day was it when you first went to Dr. Dodd's house? - I believe between three and four o'clock in the afternoon, I think near four.</p>
<p>When the Doctor was first charged with the crime, before any offer or act towards restitution was done upon the part of Dr. Dodd, it was I think that you said, that was the way to save him? - Returning the money would be the means I told him I thought of saving him.</p>
<p>I need not ask your import of these words, saving him from the consequences of any prosecution? - Yes; I so made use of these words.</p>
<p>Council for the Crown. You said this subsequent to Dr. Dodd's confession? - Yes.</p>
<p>Was any thing said before my Lord Mayor by Dr. Dodd about Robertson? - Dr. Dodd very readily admitted before my Lord Mayor that Robertson was innocent.</p>
<persName id="t17770219-1-person95"> ALBERT INNIS
<interp inst="t17770219-1-person95" type="surname" value="INNIS"/>
<interp inst="t17770219-1-person95" type="given" value="ALBERT"/>
<interp inst="t17770219-1-person95" type="gender" value="male"/> </persName> sworn.</p>
<p>Did you go with Mr. Manly to Dr. Dodd's house in Argyll-street or Argyll-buildings? - I did.</p>
<p>When you got to Dr. Dodd's, and were in company with them, do you recollect what passed? what the Doctor said, and what Mr. Manly said?</p>
<p>(The witness refers to some minutes.)</p>
<p>Mr. Justice WILLES - When did you make those minutes? - That evening after the conversation. I arrived in the second coach, when I knocked at the door, Mr. Manly told me, in the passage, that Dr. Dodd had confessed every thing.</p>
<p>Counsel for the Crown. You most not relate what was said by any one, except it was spoken in the presence of Dr. Dodd - I was afterwards in the room with Mr. Manly and Dr. Dodd; Mr. Manly asked Dr. Dodd how he came to do such a thing.</p>
<p>What thing? - The forgery of the bond.</p>
<p>COURT. Had Mr. Manly the bond with him? - Yes.</p>
<p>Did Mr. Manly shew him the bond? - Yes.</p>
<p>COURT. Did he speak of forgery to him? - Yes, he did; Dr. Dodd said it was urgent necessity, and that he was willing to make recompence as far as it was in his power. Mr. Manly asked him where the money was; Dr. Dodd said, he had 3000 l. up stairs in his bureau in notes of Sir
<persName id="t17770219-1-person96"> Charles Raymond
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<interp inst="t17770219-1-person96" type="given" value="Charles"/>
<interp inst="t17770219-1-person96" type="gender" value="male"/> </persName> 's and Co. Those notes were made payable 14 days after sight to Lord Chesterfield or order, and were signed by
<persName id="t17770219-1-person97"> Henry Fletcher
<interp inst="t17770219-1-person97" type="surname" value="Fletcher"/>
<interp inst="t17770219-1-person97" type="given" value="Henry"/>
<interp inst="t17770219-1-person97" type="gender" value="male"/> </persName> , one of the partners of the house; Mr. Manly then asked him what more money he had, he said he thought he could draw for 500 l. more upon his banker, which he did immediately, and gave it to Mr. Manly; we afterwards went before my Lord Mayor.</p>
<p>When you was before the Lord Mayor the last time was Dr. Dodd there? - Yes.</p>
<p>What did Dr. Dodd say then? - He said to this purport;</p>
<p>'I cannot tell what to say in</p>
<p>'such a situation; I had no intention to</p>
<p>'defraud Lord Chesterfield.'</p>
<p>Are those the words the Doctor said? - As near as I can recollect they are; his words were</p>
<p>'I cannot tell what to say in such a situation: I</p>
<p>'had no intention to defraud Lord Chester-field;</p>
<p>'I hope his lordship will consider my</p>
<p>'case; I was pressed extremely for three or</p>
<p>'four hundred pounds to pay some tradesmen's</p>
<p>'bills; I meant it as a temporay resource;</p>
<p>'I should have repaid the money in</p>
<p>'half a year; I have made satisfaction, and I</p>
<p>'hope that will be considered; my Lord</p>
<p>'Chesterfield must have some tenderness towards</p>
<p>'me; -</p>
<p>Was Lord Chesterfield then present? - His lordship was.</p>
<p>'he knows I love him; he knows I regard</p>
<p>'his honor as dearly as my own; I hope he
<xptr type="pageFacsimile" doc="177702190025"/> ' will, according to the mercy that is in his</p>
<p>'heart, shew clemency to me; there is nobody</p>
<p>'wishes to prosecute; pray, my Lord</p>
<p>'Mayor, consider that, and dismiss me; Mr.</p>
<p>'Robertson is certainly innocent.'</p>
<p>COURT. Are you sure that the paper you have in your hand is not the Morning Post, for I recollect they are the very words inserted in the Morning Post? - No.</p>
<p>I ask you, for form's sake, when Dr. Dodd said what you have given an account of, whether he was not then charged before the Lord Mayor with forging the bond? - He was.</p>
<p>Cross Examination.</p>
<p>Mr. Innis, if I understood you rightly, you did not go into Dr. Dodd's house, nor see Dr. Dodd till after there had been an interview between Dr. Dodd and Mr. Manly? - I was not there at first; I came in, I suppose, three or four minutes after Mr. Manly; we set out together in two hackney-coaches.</p>
<p>[The six draughts, of 500 l. each, were produced in court by Mr. Fletcher.]</p>
<p>Mr. FLETCHER.</p>
<p>Are those the bills Mr. Manly returned to you? - Yes; They are all signed by me.</p>
<p>Are these the bills that were given for the money raised by this bond? - They are, in part, what I gave to Mr. Peach on that account.</p>
<p>COURT. As the annuity of 700 l. a year was to take place immediately, how came you to make those bills payable at 14 days sight? - It was the agreement with the Broker.</p>
<p>By that means you got the interest of 3000 l. for 17 days; hereafter a question might arise against you upon that for usury. Those six notes that have been produced were the notes that you paid for the original purchase of the annuities? - Yes.</p>
<p>Mr. PEACH sworn.</p>
<p>Mr. MANSFIELD. You left that bond, I believe, at Mr. Manly's chambers? - Yes.</p>
<p>From whom did you receive it? - I received it from
<persName id="t17770219-1-person98"> Lewis Robertson
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<interp inst="t17770219-1-person98" type="given" value="Lewis"/>
<interp inst="t17770219-1-person98" type="gender" value="male"/> </persName> .</p>
<p>COURT. Mr. Fletcher, is it not usual in these kind of transaction to have an attorney of your own to see the instruments executed? - Most certainly.</p>
<p>You did this without an attorney? - I mentioned Mr. Manly's going to see the deed executed: Mr. Robertson said he could not; I agreed to that, upon condition that he brought a letter from my Lord Chesterfield that his lordship had executed the bond, and desired the money to be paid to Mr. Robertson: he did bring me such a letter; that letter was left at Mr. Manly's chambers with the others; Mr. Peach carried them (the letter was produced in Court, and identified).</p>
<p>To the Right Hon. the Earl of CHESTERFIELD. Is the name Chesterfield signed to that letter your lordship's writing? - It is not.</p>
<p>Do you believe that letter to be the handwriting of the prisoner? - I don't know whose it is.</p>
<persName id="t17770219-1-person99"> LEWIS ROBERTSON
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<interp inst="t17770219-1-person99" type="given" value="LEWIS"/>
<interp inst="t17770219-1-person99" type="gender" value="male"/> </persName> sworn.</p>
<p>When did you first see that bond? - I left this bond with Dr. Dodd upon Monday the 3d of this month in the evening to be executed; I carried it to Mr. Franco's in Fenchurch-street; Dr. Dodd dined there on the Monday; at the same time I carried a letter which Mr. Fletcher directed me to write; I wrote it in my own hand; it contained an order for me to receive the money.</p>
<p>Did that bond appear to be executed by my Lord Chesterfield at the time you carried it to Mr. Franco's? - No; it was a bond filled up, but not executed.</p>
<p>Look at the letter; is that the letter? - It is.</p>
<p>Did you receive again the same bond and letter from Dr. Dodd? - Yes, at his own house in Argyll-buildings, on Tuesday the 4th.</p>
<p>Was the name of Dodd written to it before you came, or in your presence? - He wrote
<persName id="t17770219-1-person100"> William Dodd
<interp inst="t17770219-1-person100" type="surname" value="Dodd"/>
<interp inst="t17770219-1-person100" type="given" value="William"/>
<interp inst="t17770219-1-person100" type="gender" value="male"/> </persName> upon the bond in my presence.</p>
<p>I perceive that your name is to that bond? - Yes.</p>
<p>At whose desire did you put your name to it? - I asked Dr. Dodd if the bond had been regularly executed, when he presented it to me, I desired him to put his name as a witness to it.</p>
<p>When the bond was produced to you on Tuesday, was the name of Chesterfield subscribed to it? - It was, and also to the receipt for the money.</p>
<p>For what purpose did you receive the bond of Dr. Dodd? - To receive the sum of 4200 l.</p>
<p>COURT. You did not subscribe your name
<xptr type="pageFacsimile" doc="177702190026"/> to any other bond? - Only to that bond and that receipt.</p>
<p>And it was given to you to subscribe by the Doctor? - The Doctor did not ask me to subscribe it; he put his own name to it; then I said, Doctor, as you have seen this regularly executed I may put my name to it? he said, yes.</p>
<p>Can you recollect whether there was that blot upon the word seven at the time you subscribed your name? - I don't remember the blot.</p>
<p>Did you receive the money in consequence of it? - I did, and carried it to Dr. Dodd.</p>
<p>COURT. Have you had other transactions of this nature, in negociating the sale or loan of annuities besides this? - Yes; I have done business of this kind.</p>
<p>Is it your practice, in transacting that business, to subscribe your name as a witness to the execution of an instrument which you have not seen executed? - No; it is not always the case, but I have done it.</p>
<p>Then you deceive the persons who place confidence in you; did you ever do it in any other instance? - Yes; I have.</p>
<p>COURT. You have experienced that it is a very dangerous thing. Look at those six notes; are they part of the 4200 l. you received of Mr. Fletcher? - These are the notes; they are at 14 days sight.</p>
<p>Are they accepted? - No.</p>
<p>COURT. Two of them I see are indorsed, Chesterfield; my Lord Chesterfield will inspect them, and say whether they are indorsed by his lordship.</p>
<p>Lord CHESTERFIELD. They are not.</p>
<p>COURT. Dr. Dodd, this is the time for you to make your defence to what the witnesses have said in support of the charge against you; it is not the province of the counsel to open the case of a criminal in your situation, but you may contradict any thing that has been given in evidence against you; and afterwards by counsel may examine any witness in support of the case you have to state to the Court; I shall with great patience hear your witnesses; and also hear any thing you have to urge in your defence.</p>
<p>My lords and gentlemen of the jury. Upon the evidence which has been this day produced against me, I find it very difficult for me to address your lordships; there is no man in the world, who has a deeper sense of the heinous nature of the crime for which I stand indicted than myself; I view it, my lords, in all its extent of malignancy towards a commercial state like ours; but, my lords, I humbly apprehend, though no lawyer, that the moral turpitude and malignity of the crime always, both in the eye of law, of reason, and of religion, consists in the intention. I am informed, my lords, that the act of parliament on this head runs perpetually in this stile, with an intention to defraud. Such an intention, my lords, and gentlemen of the jury, I believe has not been attempted to be proved upon me, and the consequences that have happened, which have appeared before you, sufficiently prove that a perfect and ample restitution has been made. I leave it, my lords, to you, and the gentlemen of the jury, to consider, that if an unhappy man ever deviates from the law of right, yet, if in the single first moment of recollection, he does all he can to make a full and perfect amends, what, my lords, and gentlemen of the jury, can God and man desire further? My lords, there are a variety of little circumstances, too tedious to trouble you with, with respect to this matter. Were I to give a loose to my feelings. I have many things to say, which I am sure, you would feel with respect to me: but, my lords, as it appears on all hands, as it appears, gentlemen of the jury, in every view, that no injury intentional nor real has been done to any man upon the face of the earth, I hope that therefore you will consider the case in its true state of clemency: I must observe to your lordships, that though I have met with all candour in this Court, yet I have been pursued with oppressive cruelty: I have been prosecuted after the most express engagements, after the most solemn assurances, after the most delusive, soothing arguments of Mr. Manly; I have been prosecuted with a cruelty scarcely to be paralleled: a person avowedly criminal, in the same indictment with myself, has been brought forth as a capital witness against me; a fact I believe totally unexampled. My lords, oppressed as I am with infamy, loaded as I am with distress, sunk under this cruel prosecution, your lordships and gentlemen of the jury, cannot think life
<xptr type="pageFacsimile" doc="177702190027"/> a matter of any value to me; no, my lords, I solemnly protest that death of all blessings would be the most pleasant to me after this pain. I have yet, my lords, ties which call upon me; ties which render me desirous even to continue this miserable existence: I have a wife, my lords, who for 27 years has lived an unparalleled example of conjugal attachment and fidelity, and whose behaviour during this crying scene would draw tears of approbation, I am sure, even from the most inhuman. My lords, I have creditors, honest men, who will lose much by my death; I hope for the sake of justice towards them some mercy will be shewn to me. If upon the whole, these considerations at all avail with you, my lords, and you gentlemen of the jury, if upon the most partial survey of matters not the slightest intention of injury can appear to any one, and I solemnly declare, it was in my power to replace it in three months; of this I assured Mr. Robertson frequently, and had his solemn assurances, that no man should be privy to it but Mr. Fletcher and himself; and if no injury was done to any man upon the earth, I then hope, I trust, I fully confide myself in the tenderness, humanity, and protection of my country.</p>
<p>Mr. HOWARTH. - My lord, upon the inspection of the bond, they don't appear to me to be intirely the same words that they are supposed to be in the record; there is a blot in the word seven, which covers part of the s and the whole e.</p>
<p>COURT. That is matter for the consideration of the jury; they must be satisfied they are clearly the same, or else the charge in the indictment is not supported.</p>
<p>Mr. MANSFIELD. - The contents of the bond follow as near as may be the bond, by having a blot in the very same word, whatever it is, as nearly imitating the blot on the bond as possible; the counts upon the receipt are separate counts, and they are totally distinct from the bond.</p>
<p>The Jury, after having withdrawn about ten minutes, pronounced the prisoner
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<note>[Death. See summary.]</note> </rs> </p> </div1>
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<interp inst="t17770219-2-off8" type="offenceCategory" value="theft"/>
<interp inst="t17770219-2-off8" type="offenceSubcategory" value="grandLarceny"/> stealing seven case knives, value 18 d. seven forks, value 1 s. a pint china bason, value 4 d. a quart stone mug, value 2 d. two pint stone mugs, value 2 d. two stone tea pots, value 2 d. and a linen napkin, value 3 d. the property of
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<p>The charge was not sufficiently made out by evidence against the prisoner.</p>
<rs id="t17770219-2-verdict11" type="verdictDescription">
<interp inst="t17770219-2-verdict11" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice GOULD.</p> </div1>
<div1 type="trialAccount" id="t17770219-3">
<interp inst="t17770219-3" type="collection" value="BAILEY"/>
<interp inst="t17770219-3" type="year" value="1777"/>
<interp inst="t17770219-3" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-3" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-3-off12-c105" targOrder="Y" targets="t17770219-3-defend114 t17770219-3-off12 t17770219-3-verdict15"/>
<join result="criminalCharge" id="t17770219-3-off13-c106" targOrder="Y" targets="t17770219-3-defend116 t17770219-3-off13 t17770219-3-verdict15"/>
<join result="criminalCharge" id="t17770219-3-off13-c107" targOrder="Y" targets="t17770219-3-defend118 t17770219-3-off13 t17770219-3-verdict15"/>
<p>164, 165, 166.
<persName id="t17770219-3-defend114" type="defendantName"> MARTHA VERNON
<interp inst="t17770219-3-defend114" type="surname" value="VERNON"/>
<interp inst="t17770219-3-defend114" type="given" value="MARTHA"/>
<interp inst="t17770219-3-defend114" type="gender" value="female"/> </persName> ,
<persName id="t17770219-3-defend116" type="defendantName"> THOMAS PONGUE
<interp inst="t17770219-3-defend116" type="surname" value="PONGUE"/>
<interp inst="t17770219-3-defend116" type="given" value="THOMAS"/>
<interp inst="t17770219-3-defend116" type="gender" value="male"/> </persName> , and
<persName id="t17770219-3-defend118" type="defendantName"> SAMUEL PONGUE
<interp inst="t17770219-3-defend118" type="surname" value="PONGUE"/>
<interp inst="t17770219-3-defend118" type="given" value="SAMUEL"/>
<interp inst="t17770219-3-defend118" type="gender" value="male"/> </persName> were indicted, the first for
<rs id="t17770219-3-off12" type="offenceDescription">
<interp inst="t17770219-3-off12" type="offenceCategory" value="theft"/>
<interp inst="t17770219-3-off12" type="offenceSubcategory" value="grandLarceny"/> stealing, 14 dozen of watch glasses, value 5 s. </rs> the property of
<persName id="t17770219-3-victim120" type="victimName"> George Humphrys
<interp inst="t17770219-3-victim120" type="surname" value="Humphrys"/>
<interp inst="t17770219-3-victim120" type="given" value="George"/>
<interp inst="t17770219-3-victim120" type="gender" value="male"/> </persName> ; the other two for
<rs id="t17770219-3-off13" type="offenceDescription">
<interp inst="t17770219-3-off13" type="offenceCategory" value="theft"/>
<interp inst="t17770219-3-off13" type="offenceSubcategory" value="receiving"/> receiving the above goods, well-knowing them to have been stolen </rs>, against the statute,
<rs id="t17770219-3-cd14" type="crimeDate">February 1st</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-3-off12 t17770219-3-cd14"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-3-off13 t17770219-3-cd14"/>.</p>
<p>There was no evidence to affect the principal, therefore of course they were all three found</p>
<rs id="t17770219-3-verdict15" type="verdictDescription">
<interp inst="t17770219-3-verdict15" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron PERRYN.</p> </div1>
<div1 type="trialAccount" id="t17770219-4">
<interp inst="t17770219-4" type="collection" value="BAILEY"/>
<interp inst="t17770219-4" type="year" value="1777"/>
<interp inst="t17770219-4" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-4" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-4-off16-c109" targOrder="Y" targets="t17770219-4-defend122 t17770219-4-off16 t17770219-4-verdict20"/>
<persName id="t17770219-4-defend122" type="defendantName"> GEORGE WHITE
<interp inst="t17770219-4-defend122" type="surname" value="WHITE"/>
<interp inst="t17770219-4-defend122" type="given" value="GEORGE"/>
<interp inst="t17770219-4-defend122" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-4-off16" type="offenceDescription">
<interp inst="t17770219-4-off16" type="offenceCategory" value="theft"/>
<interp inst="t17770219-4-off16" type="offenceSubcategory" value="grandLarceny"/> stealing seven yards of lace, value 4 s. a pair of treble worked ruffles, value 4 s. another worked ruffle, value 5 s. two lawn ruffles, value 2 s. the property of
<persName id="t17770219-4-victim124" type="victimName"> Mary Kinnerly
<interp inst="t17770219-4-victim124" type="surname" value="Kinnerly"/>
<interp inst="t17770219-4-victim124" type="given" value="Mary"/>
<interp inst="t17770219-4-victim124" type="gender" value="female"/> </persName> ,
<rs id="t17770219-4-viclabel17" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-4-victim124 t17770219-4-viclabel17"/>, and
<persName id="t17770219-4-victim126" type="victimName"> Martha Kinnerly
<interp inst="t17770219-4-victim126" type="surname" value="Kinnerly"/>
<interp inst="t17770219-4-victim126" type="given" value="Martha"/>
<interp inst="t17770219-4-victim126" type="gender" value="female"/> </persName> ,
<rs id="t17770219-4-viclabel18" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-4-victim126 t17770219-4-viclabel18"/>; and a laced ruffle, value 10 d. the property of the said Martha </rs>,
<rs id="t17770219-4-cd19" type="crimeDate">January 22d</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-4-off16 t17770219-4-cd19"/>.</p>
<rs id="t17770219-4-verdict20" type="verdictDescription">
<interp inst="t17770219-4-verdict20" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17770219-5">
<interp inst="t17770219-5" type="collection" value="BAILEY"/>
<interp inst="t17770219-5" type="year" value="1777"/>
<interp inst="t17770219-5" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-5" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-5-off21-c112" targOrder="Y" targets="t17770219-5-defend128 t17770219-5-off21 t17770219-5-verdict23"/>
<persName id="t17770219-5-defend128" type="defendantName"> AMY PINHORN otherwise
<rs id="t17770219-5-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17770219-5-defend128 t17770219-5-alias-1"/>DAWSON</rs>
<interp inst="t17770219-5-defend128" type="surname" value="PINHORN otherwise"/>
<interp inst="t17770219-5-defend128" type="given" value="AMY"/>
<interp inst="t17770219-5-defend128" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-5-off21" type="offenceDescription">
<interp inst="t17770219-5-off21" type="offenceCategory" value="theft"/>
<interp inst="t17770219-5-off21" type="offenceSubcategory" value="grandLarceny"/> stealing six crown pieces </rs>, the property of
<persName id="t17770219-5-victim130" type="victimName"> Charles Tyler
<interp inst="t17770219-5-victim130" type="surname" value="Tyler"/>
<interp inst="t17770219-5-victim130" type="given" value="Charles"/>
<interp inst="t17770219-5-victim130" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-5-off21 t17770219-5-victim130"/> </persName> .
<rs id="t17770219-5-cd22" type="crimeDate">January 18th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-5-off21 t17770219-5-cd22"/>.</p>
<p>'It appeared on the evidence that the prosecutor</p>
<p>'and prisoner had been drinking together,</p>
<p>'that afterwards they went to the</p>
<p>'prosecutor's house, that after she was gone</p>
<p>'he missed the crowns from the chimney piece,</p>
<p>'but there was no evidence that the prisoner,</p>
<p>'had taken them.'</p>
<rs id="t17770219-5-verdict23" type="verdictDescription">
<interp inst="t17770219-5-verdict23" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17770219-6">
<interp inst="t17770219-6" type="collection" value="BAILEY"/>
<interp inst="t17770219-6" type="year" value="1777"/>
<interp inst="t17770219-6" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-6" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-6-off24-c114" targOrder="Y" targets="t17770219-6-defend132 t17770219-6-off24 t17770219-6-verdict26"/>
<persName id="t17770219-6-defend132" type="defendantName"> JOHN MITCHELL
<interp inst="t17770219-6-defend132" type="surname" value="MITCHELL"/>
<interp inst="t17770219-6-defend132" type="given" value="JOHN"/>
<interp inst="t17770219-6-defend132" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-6-off24" type="offenceDescription">
<interp inst="t17770219-6-off24" type="offenceCategory" value="theft"/>
<interp inst="t17770219-6-off24" type="offenceSubcategory" value="grandLarceny"/> stealing a gold watch, value 50 l. a steel watch chain, value 7 s. 8 d. and four cornelian seals set in gold, value 10 l. </rs> the property of
<persName id="t17770219-6-victim134" type="victimName"> Thomas Philip Dayroles
<interp inst="t17770219-6-victim134" type="surname" value="Philip Dayroles"/>
<interp inst="t17770219-6-victim134" type="given" value="Thomas"/>
<interp inst="t17770219-6-victim134" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-6-off24 t17770219-6-victim134"/> </persName> ,
<rs id="t17770219-6-viclabel25" type="occupation">Esq</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-6-victim134 t17770219-6-viclabel25"/>;</p>
<rs id="t17770219-6-verdict26" type="verdictDescription">
<interp inst="t17770219-6-verdict26" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
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<interp inst="t17770219-7" type="collection" value="BAILEY"/>
<interp inst="t17770219-7" type="year" value="1777"/>
<interp inst="t17770219-7" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-7" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-7-off27-c116" targOrder="Y" targets="t17770219-7-defend136 t17770219-7-off27 t17770219-7-verdict29"/>
<join result="criminalCharge" id="t17770219-7-off27-c117" targOrder="Y" targets="t17770219-7-defend138 t17770219-7-off27 t17770219-7-verdict29"/>
<p>170, 171.
<persName id="t17770219-7-defend136" type="defendantName"> MATHEW HARRADINE
<interp inst="t17770219-7-defend136" type="surname" value="HARRADINE"/>
<interp inst="t17770219-7-defend136" type="given" value="MATHEW"/>
<interp inst="t17770219-7-defend136" type="gender" value="male"/> </persName> and
<persName id="t17770219-7-defend138" type="defendantName"> WILLIAM HALL
<interp inst="t17770219-7-defend138" type="surname" value="HALL"/>
<interp inst="t17770219-7-defend138" type="given" value="WILLIAM"/>
<interp inst="t17770219-7-defend138" type="gender" value="male"/> </persName> were indicted for
<rs id="t17770219-7-off27" type="offenceDescription">
<interp inst="t17770219-7-off27" type="offenceCategory" value="theft"/>
<interp inst="t17770219-7-off27" type="offenceSubcategory" value="animalTheft"/> stealing 11 live conies, value 5 s. and a pair of live pigeon, value 6 d. </rs> the property of
<persName id="t17770219-7-victim140" type="victimName"> James Cave
<interp inst="t17770219-7-victim140" type="surname" value="Cave"/>
<interp inst="t17770219-7-victim140" type="given" value="James"/>
<interp inst="t17770219-7-victim140" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-7-off27 t17770219-7-victim140"/> </persName>
<rs id="t17770219-7-cd28" type="crimeDate">February 10th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-7-off27 t17770219-7-cd28"/>.</p>
<rs id="t17770219-7-verdict29" type="verdictDescription">
<interp inst="t17770219-7-verdict29" type="verdictCategory" value="notGuilty"/> N GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
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<interp inst="t17770219-8" type="collection" value="BAILEY"/>
<interp inst="t17770219-8" type="year" value="1777"/>
<interp inst="t17770219-8" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-8" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-8-off30-c119" targOrder="Y" targets="t17770219-8-defend142 t17770219-8-off30 t17770219-8-verdict32"/>
<persName id="t17770219-8-defend142" type="defendantName"> WILLIAM HAYDEN
<interp inst="t17770219-8-defend142" type="surname" value="HAYDEN"/>
<interp inst="t17770219-8-defend142" type="given" value="WILLIAM"/>
<interp inst="t17770219-8-defend142" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-8-off30" type="offenceDescription">
<interp inst="t17770219-8-off30" type="offenceCategory" value="theft"/>
<interp inst="t17770219-8-off30" type="offenceSubcategory" value="grandLarceny"/> stealing a pair of mens leather breeches, value 5 s. </rs> the property of
<persName id="t17770219-8-victim144" type="victimName"> John Knowland
<interp inst="t17770219-8-victim144" type="surname" value="Knowland"/>
<interp inst="t17770219-8-victim144" type="given" value="John"/>
<interp inst="t17770219-8-victim144" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-8-off30 t17770219-8-victim144"/> </persName> ,
<rs id="t17770219-8-cd31" type="crimeDate">January 20th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-8-off30 t17770219-8-cd31"/>.</p>
<p>'There was no evidence to affect the prisoner,</p>
<p>'but a confession which appeared to</p>
<p>'have been improperly obtained from him.</p>
<rs id="t17770219-8-verdict32" type="verdictDescription">
<interp inst="t17770219-8-verdict32" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Justice WILLES.</p> </div1>
<div1 type="trialAccount" id="t17770219-9">
<interp inst="t17770219-9" type="collection" value="BAILEY"/>
<interp inst="t17770219-9" type="year" value="1777"/>
<interp inst="t17770219-9" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-9" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-9-off33-c121" targOrder="Y" targets="t17770219-9-defend146 t17770219-9-off33 t17770219-9-verdict37"/>
<xptr type="pageFacsimile" doc="177702190029"/>173.
<persName id="t17770219-9-defend146" type="defendantName"> ELIZABETH WITT
<interp inst="t17770219-9-defend146" type="surname" value="WITT"/>
<interp inst="t17770219-9-defend146" type="given" value="ELIZABETH"/>
<interp inst="t17770219-9-defend146" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-9-off33" type="offenceDescription">
<interp inst="t17770219-9-off33" type="offenceCategory" value="theft"/>
<interp inst="t17770219-9-off33" type="offenceSubcategory" value="grandLarceny"/> stealing one silk damask bocatied woman's gown and coat, value 5 l. a pair of womens laced ruffles, value 4 l. a laced tippet, value 20 s. a pair of laced lappets, value 20 s. eight linen shirts, value 6 l. a woollen cloth waistcoat, value 10 s. a silk waistcoat, value 20 s. twenty-five yards of linen cloth for towels, value 25 s. a feather bed, value 20 s. a bolster, value 6 s. a blanket, value 8 s. a cotton counterpane, value 10 s. twelve bed curtains, value 10 s. four table-cloths, value 20 s. three pillow cases, value 3 s. twenty-nine pewter plates; value 30 s. eleven pewter dishes, value 30 s. and two copper stew-pans, value 10 s. </rs> the property of
<persName id="t17770219-9-victim148" type="victimName"> John Leland
<interp inst="t17770219-9-victim148" type="surname" value="Leland"/>
<interp inst="t17770219-9-victim148" type="given" value="John"/>
<interp inst="t17770219-9-victim148" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-9-off33 t17770219-9-victim148"/> </persName> ,
<rs id="t17770219-9-viclabel34" type="occupation">Esq</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-9-victim148 t17770219-9-viclabel34"/>;
<rs id="t17770219-9-cd35" type="crimeDate">December 30th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-9-off33 t17770219-9-cd35"/>.</p>
<persName id="t17770219-9-person149"> MARY GOODYER
<interp inst="t17770219-9-person149" type="surname" value="GOODYER"/>
<interp inst="t17770219-9-person149" type="given" value="MARY"/>
<interp inst="t17770219-9-person149" type="gender" value="female"/> </persName> sworn.</p>
<p>I am lady's maid and housekeeper at Mr. Leland's in December last I missed all the things mentioned in the indictment (repeating them) the prisoner was left in trust of the house while the family were out of town; we went out of town on the third of August, and returned the last day of the old year; she absconded before we came home, and left a charwoman in the house; I missed all the things mentioned in the indictment; they were locked up in drawers; they had been opened and the things taken out, and were locked again; we found some of the things immediately at two pawnbrokers.</p>
<p>When was the prisoner taken? - About a month after: the lock of the drawer in which the sacque was, was forced off, and was in the drawer; my mistress locked the drawers when we went out, and put a small packthread through the handles of the drawers and sealed it: the house was repairing; there was a number of workmen employed in it.</p>
<persName id="t17770219-9-person150"> JOHN MIDDLETON
<interp inst="t17770219-9-person150" type="surname" value="MIDDLETON"/>
<interp inst="t17770219-9-person150" type="given" value="JOHN"/>
<interp inst="t17770219-9-person150" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker: the prisoner pawned some things with me in December, which Mr. Leland has now got; she pawned a sacque and petticoat in October, and a counterpane, and a piece of napkin for 4 l. 9 s. (the gown was produced).</p>
<persName id="t17770219-9-person151"> MARY GOODYER
<interp inst="t17770219-9-person151" type="surname" value="GOODYER"/>
<interp inst="t17770219-9-person151" type="given" value="MARY"/>
<interp inst="t17770219-9-person151" type="gender" value="female"/> </persName> . This is my mistress's gown; it was in a drawer; the lock of which was burst off.</p>
<p>To MIDDLETON. What did she pawn in December? - I cannot tell; they were all delivered.</p>
<persName id="t17770219-9-person152"> SAMUEL OLADE
<interp inst="t17770219-9-person152" type="surname" value="OLADE"/>
<interp inst="t17770219-9-person152" type="given" value="SAMUEL"/>
<interp inst="t17770219-9-person152" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker, the prisoner pawned two table-cloths with me above a twelvemonth ago; she came the 11th of October, and took one of them out (the other produced).</p>
<p>GOODYER. We lost such a table-cloth, but I cannot swear to it.</p>
<persName id="t17770219-9-person153"> GEORGE BANKS
<interp inst="t17770219-9-person153" type="surname" value="BANKS"/>
<interp inst="t17770219-9-person153" type="given" value="GEORGE"/>
<interp inst="t17770219-9-person153" type="gender" value="male"/> </persName> sworn.</p>
<p>I am servant to Mr. Leland: my master and I were in town in December; I left my master's shirts and cloaths in the drawer; I missed them when we came back; we found part of them at Mr. Middleton's and Mr. Glay's: they were delivered to my master by the order of Sir
<persName id="t17770219-9-person154"> John Fielding
<interp inst="t17770219-9-person154" type="surname" value="Fielding"/>
<interp inst="t17770219-9-person154" type="given" value="John"/>
<interp inst="t17770219-9-person154" type="gender" value="male"/> </persName> .</p>
<p>To MIDDLETON. Were any shirts or cloaths pawned with you? - Yes; there were three shirts, I believe, pawned in December, by a witness that is here.</p>
<persName id="t17770219-9-person155"> ANN SAMUEL
<interp inst="t17770219-9-person155" type="surname" value="SAMUEL"/>
<interp inst="t17770219-9-person155" type="given" value="ANN"/>
<interp inst="t17770219-9-person155" type="gender" value="female"/> </persName> sworn.</p>
<p>I have known the prisoner two years or better; I was employed by her as a
<rs id="t17770219-9-deflabel36" type="occupation">charwoman</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-9-defend146 t17770219-9-deflabel36"/>; she sent me to pawn some laced ruffles, but I cannot remember when.</p>
<p>Any time since August? - Yes.</p>
<p>What else did she send? - Several odd things.</p>
<p>Prisoner. I leave my defence to my counsel.</p>
<rs id="t17770219-9-verdict37" type="verdictDescription">
<interp inst="t17770219-9-verdict37" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice WILLES.</p>
<rs id="t17770219-9-punish38" type="punishmentDescription">
<interp inst="t17770219-9-punish38" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-9-defend146 t17770219-9-punish38"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17770219-10">
<interp inst="t17770219-10" type="collection" value="BAILEY"/>
<interp inst="t17770219-10" type="year" value="1777"/>
<interp inst="t17770219-10" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-10" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-10-off39-c130" targOrder="Y" targets="t17770219-10-defend157 t17770219-10-off39 t17770219-10-verdict42"/>
<persName id="t17770219-10-defend157" type="defendantName"> SARAH FISH
<interp inst="t17770219-10-defend157" type="surname" value="FISH"/>
<interp inst="t17770219-10-defend157" type="given" value="SARAH"/>
<interp inst="t17770219-10-defend157" type="gender" value="female"/> </persName> was indicted
<rs id="t17770219-10-off39" type="offenceDescription">
<interp inst="t17770219-10-off39" type="offenceCategory" value="theft"/>
<interp inst="t17770219-10-off39" type="offenceSubcategory" value="theftFromPlace"/> for stealing a pair of linen sheets, value 8 s. the property of
<persName id="t17770219-10-person158"> Joseph Milward
<interp inst="t17770219-10-person158" type="surname" value="Milward"/>
<interp inst="t17770219-10-person158" type="given" value="Joseph"/>
<interp inst="t17770219-10-person158" type="gender" value="male"/> </persName> , being in a certain lodging room, let by contract by the said Joseph to the said Sarah </rs>, against the statute, &c.
<rs id="t17770219-10-cd40" type="crimeDate">December 30th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-10-off39 t17770219-10-cd40"/>.</p>
<persName id="t17770219-10-victim160" type="victimName"> JOSEPH MILWARD
<interp inst="t17770219-10-victim160" type="surname" value="MILWARD"/>
<interp inst="t17770219-10-victim160" type="given" value="JOSEPH"/>
<interp inst="t17770219-10-victim160" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-10-off39 t17770219-10-victim160"/> </persName> sworn.</p>
<p>I live at the corner of
<placeName id="t17770219-10-crimeloc41">King-street, Seven Dials</placeName>
<interp inst="t17770219-10-crimeloc41" type="placeName" value="King-street, Seven Dials"/>
<interp inst="t17770219-10-crimeloc41" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-10-off39 t17770219-10-crimeloc41"/>: I let the prisoner a lodging ready-furnished; she then lived with a man that she passed as the wife of, I thought they had been married; since that she has owned they were not; after she had been some time in possession of this lodging I missed a pair of linen sheets; upon search I missed the sheets; I charged a constable with the prisoner; before the justice she acknowledged she had taken the sheets, and had pawned them with Mr. Lane, a pawnbroker
<xptr type="pageFacsimile" doc="177702190030"/> in Drury-lane; Mr. Lane was sent for and he produced the sheets, together with other things that were let to her.</p>
<p>[Lane produced the sheets in Court, which were deposed to by the prosecutor.]</p>
<p>I intended to restore them again to the prosecutor.</p>
<rs id="t17770219-10-verdict42" type="verdictDescription">
<interp inst="t17770219-10-verdict42" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Baron PERRYN.</p> </div1>
<div1 type="trialAccount" id="t17770219-11">
<interp inst="t17770219-11" type="collection" value="BAILEY"/>
<interp inst="t17770219-11" type="year" value="1777"/>
<interp inst="t17770219-11" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-11" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-11-off43-c133" targOrder="Y" targets="t17770219-11-defend162 t17770219-11-off43 t17770219-11-verdict45"/>
<persName id="t17770219-11-defend162" type="defendantName"> ANN GALLON
<interp inst="t17770219-11-defend162" type="surname" value="GALLON"/>
<interp inst="t17770219-11-defend162" type="given" value="ANN"/>
<interp inst="t17770219-11-defend162" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-11-off43" type="offenceDescription">
<interp inst="t17770219-11-off43" type="offenceCategory" value="theft"/>
<interp inst="t17770219-11-off43" type="offenceSubcategory" value="grandLarceny"/> stealing a child's coral mounted in silver, value 10 s. </rs> the property of
<persName id="t17770219-11-victim164" type="victimName"> Thomas Hammond
<interp inst="t17770219-11-victim164" type="surname" value="Hammond"/>
<interp inst="t17770219-11-victim164" type="given" value="Thomas"/>
<interp inst="t17770219-11-victim164" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-11-off43 t17770219-11-victim164"/> </persName> ,
<rs id="t17770219-11-cd44" type="crimeDate">November 20th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-11-off43 t17770219-11-cd44"/>.</p>
<persName id="t17770219-11-person165"> THOMAS HAMMOND
<interp inst="t17770219-11-person165" type="surname" value="HAMMOND"/>
<interp inst="t17770219-11-person165" type="given" value="THOMAS"/>
<interp inst="t17770219-11-person165" type="gender" value="male"/> </persName> sworn.</p>
<p>On the 20th of December, the prisoner was putting my child to bed; I had occasion to go out, when I returned she was gone with the coral; I met her about three weeks ago, I asked her what she had done with the coral; she took me to Mr. Davidson, a pawnbroker, and produced a duplicate, and they delivered the coral.</p>
<persName id="t17770219-11-person166"> WILLIAM DAVIDSON
<interp inst="t17770219-11-person166" type="surname" value="DAVIDSON"/>
<interp inst="t17770219-11-person166" type="given" value="WILLIAM"/>
<interp inst="t17770219-11-person166" type="gender" value="male"/> </persName> sworn.</p>
<p>I took this coral in pawn of the prisoner (producing it) on the 21st of November; the prosecutor and his wife came with the prisoner and produced a duplicate, and took out the coral; they seemed to be good friends; the prisoner was not charged with stealing it at the time; when the coral was brought down the prosecutrix said it was her's.</p>
<p>I am sorry for it; I will never do the like again; I have lost the use of my limbs in prison; it is not long since I lay in.</p>
<rs id="t17770219-11-verdict45" type="verdictDescription">
<interp inst="t17770219-11-verdict45" type="verdictCategory" value="guilty"/>
<interp inst="t17770219-11-verdict45" type="verdictSubcategory" value="theftunder1s"/> GUILTY of stealing to the value of 10 d. </rs>
<rs id="t17770219-11-punish46" type="punishmentDescription">
<interp inst="t17770219-11-punish46" type="punishmentCategory" value="corporal"/>
<interp inst="t17770219-11-punish46" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-11-defend162 t17770219-11-punish46"/> W </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17770219-12">
<interp inst="t17770219-12" type="collection" value="BAILEY"/>
<interp inst="t17770219-12" type="year" value="1777"/>
<interp inst="t17770219-12" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-12" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-12-off47-c137" targOrder="Y" targets="t17770219-12-defend168 t17770219-12-off47 t17770219-12-verdict51"/>
<persName id="t17770219-12-defend168" type="defendantName"> ELIZABETH HARRINGTON
<interp inst="t17770219-12-defend168" type="surname" value="HARRINGTON"/>
<interp inst="t17770219-12-defend168" type="given" value="ELIZABETH"/>
<interp inst="t17770219-12-defend168" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-12-off47" type="offenceDescription">
<interp inst="t17770219-12-off47" type="offenceCategory" value="theft"/>
<interp inst="t17770219-12-off47" type="offenceSubcategory" value="grandLarceny"/> stealing five yards and an half of silk, value 10 s. </rs> the property of
<persName id="t17770219-12-victim170" type="victimName"> Mary Smith
<interp inst="t17770219-12-victim170" type="surname" value="Smith"/>
<interp inst="t17770219-12-victim170" type="given" value="Mary"/>
<interp inst="t17770219-12-victim170" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-12-off47 t17770219-12-victim170"/> </persName> ,
<rs id="t17770219-12-viclabel48" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-12-victim170 t17770219-12-viclabel48"/>, January 18th.</p>
<persName id="t17770219-12-person171"> MARY SMITH
<interp inst="t17770219-12-person171" type="surname" value="SMITH"/>
<interp inst="t17770219-12-person171" type="given" value="MARY"/>
<interp inst="t17770219-12-person171" type="gender" value="female"/> </persName> sworn.</p>
<p>I am a
<rs id="t17770219-12-viclabel49" type="occupation">piece-broker</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-12-victim170 t17770219-12-viclabel49"/>; the prisoner was my
<rs id="t17770219-12-deflabel50" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-12-defend168 t17770219-12-deflabel50"/>: on the 18th of January, about six o'clock in the evening, I lost some pieces of silk out of my shop; I saw them in the afternoon about 4 or 5 o'clock; they were brought to me on the Monday morning.</p>
<p>[Two pieces of silk were produced in Court, and deposed to by the prosecutrix.]</p>
<persName id="t17770219-12-person172"> CHARLES WOOD
<interp inst="t17770219-12-person172" type="surname" value="WOOD"/>
<interp inst="t17770219-12-person172" type="given" value="CHARLES"/>
<interp inst="t17770219-12-person172" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a piece-broker; I live in the same street with the prosecutrix: on the 18th of January, about 6 o'clock in the evening, the prisoner brought this piece of silk into my shop and offered it in sale to my wife; I was by at the time, I asked her how she came by it; she said almost every Saturday she was at work with a mantua-maker that employed her to sell pieces; she had brought one piece ten days before, which my wife bought of her; my wife thought this could not be a mantua-maker's piece, because there were there yards and an half of it; my wife saw two marks upon it; upon which the prisoner said, she was ordered to cut the marks off, but had forgot it; she cut them off; I desired to look at the marks; I took them, and said, I believed the silk was the same pattern of some I had seen in my next door neighbour's shop, and I would go and enquire; upon that, she said she could not stay; I went to the prosecutrix with it, and she owned it.</p>
<p>I was hired to sell it.</p>
<rs id="t17770219-12-verdict51" type="verdictDescription">
<interp inst="t17770219-12-verdict51" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<rs id="t17770219-12-punish52" type="punishmentDescription">
<interp inst="t17770219-12-punish52" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-12-punish52" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-12-defend168 t17770219-12-punish52"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17770219-12-punish53" type="punishmentDescription">
<interp inst="t17770219-12-punish53" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-12-defend168 t17770219-12-punish53"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17770219-13">
<interp inst="t17770219-13" type="collection" value="BAILEY"/>
<interp inst="t17770219-13" type="year" value="1777"/>
<interp inst="t17770219-13" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-13" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-13-off55-c141" targOrder="Y" targets="t17770219-13-defend173 t17770219-13-off55 t17770219-13-verdict58"/>
<join result="criminalCharge" id="t17770219-13-off55-c142" targOrder="Y" targets="t17770219-13-person174 t17770219-13-off55 t17770219-13-verdict58"/>
<persName id="t17770219-13-defend173" type="defendantName"> JANE the
<rs id="t17770219-13-deflabel54" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-13-defend173 t17770219-13-deflabel54"/>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-13-person174 t17770219-13-deflabel54"/> of
<persName id="t17770219-13-person174" type="defendantName"> Thomas HONOR
<interp inst="t17770219-13-person174" type="surname" value="HONOR"/>
<interp inst="t17770219-13-person174" type="given" value="Thomas"/>
<interp inst="t17770219-13-person174" type="gender" value="male"/> </persName>
<interp inst="t17770219-13-defend173" type="surname" value="the"/>
<interp inst="t17770219-13-defend173" type="given" value="JANE"/>
<interp inst="t17770219-13-defend173" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-13-off55" type="offenceDescription">
<interp inst="t17770219-13-off55" type="offenceCategory" value="theft"/>
<interp inst="t17770219-13-off55" type="offenceSubcategory" value="grandLarceny"/> stealing a cloath-coat, value 8 s. and a bed-quilt, value 4 s. </rs> the property of
<persName id="t17770219-13-victim176" type="victimName"> Benjamin Roberts
<interp inst="t17770219-13-victim176" type="surname" value="Roberts"/>
<interp inst="t17770219-13-victim176" type="given" value="Benjamin"/>
<interp inst="t17770219-13-victim176" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-13-off55 t17770219-13-victim176"/> </persName> ,
<rs id="t17770219-13-cd56" type="crimeDate">February 15th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-13-off55 t17770219-13-cd56"/>.</p>
<persName id="t17770219-13-person177"> BENJAMIN ROBERTS
<interp inst="t17770219-13-person177" type="surname" value="ROBERTS"/>
<interp inst="t17770219-13-person177" type="given" value="BENJAMIN"/>
<interp inst="t17770219-13-person177" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
<placeName id="t17770219-13-crimeloc57">White-hart-yard, Drury-lane</placeName>
<interp inst="t17770219-13-crimeloc57" type="placeName" value="White-hart-yard, Drury-lane"/>
<interp inst="t17770219-13-crimeloc57" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-13-off55 t17770219-13-crimeloc57"/>: the coat I have on and a bed-quilt were stolen out
<xptr type="pageFacsimile" doc="177702190031"/> of my bed-chamber, we missed them at about ten at night; I went immediately to the pawnbroker's to enquire after them; I found them at Mr. Fleming's in Drury-lane; he said, if I had been half an hour sooner, I should have found the person there who brought them; the prisoner used to be backwards and forwards at my lodgings; I went and found her at her lodgings; I took her with me to Mr. Fleming's, she was in liquor; she at first owned she pawned them; but when we came to the pawnbroker she denied it.</p>
<persName id="t17770219-13-person178"> EDWARD FLEMING
<interp inst="t17770219-13-person178" type="surname" value="FLEMING"/>
<interp inst="t17770219-13-person178" type="given" value="EDWARD"/>
<interp inst="t17770219-13-person178" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker: I took in the coat which the prosecutor has on, and a bed-quilt of the prisoner on last Saturday between nine and ten at night; I delivered the coat to Robert to-day.</p>
<p>[They were produced in Court and deposed to by the prosecutor.]</p>
<p>I know nothing at all of the things; I did not pawn them.</p>
<p>To the Pawnbroker. Are you sure the prisoner is the woman? - She is the woman; I had seen her before; she had not been gone half an hour before the prosecutor came.</p>
<persName id="t17770219-13-person179"> WILLIAM BRIMLEY
<interp inst="t17770219-13-person179" type="surname" value="BRIMLEY"/>
<interp inst="t17770219-13-person179" type="given" value="WILLIAM"/>
<interp inst="t17770219-13-person179" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a peruke-maker: I have known the prisoner eleven years, she always behaved very well; I never knew her guilty of a bad thing.</p>
<rs id="t17770219-13-verdict58" type="verdictDescription">
<interp inst="t17770219-13-verdict58" type="verdictCategory" value="guilty"/> GUILTY </rs>.
<rs id="t17770219-13-punish59" type="punishmentDescription">
<interp inst="t17770219-13-punish59" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-13-punish59" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-13-defend173 t17770219-13-punish59"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-13-person174 t17770219-13-punish59"/> B </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17770219-14">
<interp inst="t17770219-14" type="collection" value="BAILEY"/>
<interp inst="t17770219-14" type="year" value="1777"/>
<interp inst="t17770219-14" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-14" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-14-off60-c147" targOrder="Y" targets="t17770219-14-defend181 t17770219-14-off60 t17770219-14-verdict65"/>
<join result="criminalCharge" id="t17770219-14-off67-c147" targOrder="Y" targets="t17770219-14-defend181 t17770219-14-off67 t17770219-14-verdict65"/>
<join result="criminalCharge" id="t17770219-14-off67-c156" targOrder="Y" targets="t17770219-14-defend192 t17770219-14-off67 t17770219-14-verdict72"/>
<persName id="t17770219-14-defend181" type="defendantName"> JOSEPH WILSON
<interp inst="t17770219-14-defend181" type="surname" value="WILSON"/>
<interp inst="t17770219-14-defend181" type="given" value="JOSEPH"/>
<interp inst="t17770219-14-defend181" type="gender" value="male"/> </persName> was indicted for that he
<rs id="t17770219-14-off60" type="offenceDescription">
<interp inst="t17770219-14-off60" type="offenceCategory" value="violentTheft"/>
<interp inst="t17770219-14-off60" type="offenceSubcategory" value="highwayRobbery"/> in the king's highway in and upon Sir
<persName id="t17770219-14-person182"> William Fleming
<interp inst="t17770219-14-person182" type="surname" value="Fleming"/>
<interp inst="t17770219-14-person182" type="given" value="William"/>
<interp inst="t17770219-14-person182" type="gender" value="male"/> </persName> did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, the property of the said Sir William </rs>,
<rs id="t17770219-14-cd61" type="crimeDate">January 21st</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-14-off60 t17770219-14-cd61"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-14-off67 t17770219-14-cd61"/>.</p>
<rs id="t17770219-14-viclabel62" type="occupation">Sir</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-14-victim184 t17770219-14-viclabel62"/>
<persName id="t17770219-14-victim184" type="victimName"> WILLIAM FLEMING
<interp inst="t17770219-14-victim184" type="surname" value="FLEMING"/>
<interp inst="t17770219-14-victim184" type="given" value="WILLIAM"/>
<interp inst="t17770219-14-victim184" type="gender" value="male"/> </persName> sworn.</p>
<p>I was going to Belfont in a hackney post-chaise upon the 21st of January; when I was about two miles on this side
<placeName id="t17770219-14-crimeloc63">Belfont</placeName>
<interp inst="t17770219-14-crimeloc63" type="placeName" value="Belfont"/>
<interp inst="t17770219-14-crimeloc63" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-14-off60 t17770219-14-crimeloc63"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-14-off67 t17770219-14-crimeloc63"/>, I perceived a man riding on the off-side of the chaise, it was then about four o'clock in the afternoon, it was quite light; I thought first that he was drunk; I looked out of the chaise fearing he would get some mischief; upon which the prisoner presented a pistol and demanded my money; I gave him a guinea; he demanded more, I said I had none; I had some letters and a news-paper in my hand perusing at that time, he demanded the letters also; I said they could be of no consequence to him; he said he would have them; I observed he was pulling a handkerchief he had under his hat down over his face; I laid hold of his pistol and took him by the collar, but by some means he got loose from me; he reeled upon his horse; then the postilion got off his horse, ran up to him and seized him, and called out to me, If you are an officer and a man of courage, come out and assist me to take him; I got out of the chaise, and found him struggling with the postilion; I wrenched this pistol out of his hand (producing it); it is a little rusty, it-fell in the dirt;
<persName id="t17770219-14-person185"> Thomas Stanton
<interp inst="t17770219-14-person185" type="surname" value="Stanton"/>
<interp inst="t17770219-14-person185" type="given" value="Thomas"/>
<interp inst="t17770219-14-person185" type="gender" value="male"/> </persName> , a harness-maker of Hounslow, came up to us; the prisoner returned the guinea as soon as he was taken; he was tied at first, but complaining of the tightness of the ligaments with which he was bound, we released him; he was very tractable, and made no resistance.</p>
<persName id="t17770219-14-person186"> JOHN MILFORD
<interp inst="t17770219-14-person186" type="surname" value="MILFORD"/>
<interp inst="t17770219-14-person186" type="given" value="JOHN"/>
<interp inst="t17770219-14-person186" type="gender" value="male"/> </persName> sworn.</p>
<p>I drove the chaise; the prisoner bid me stop; he then went to Sir
<persName id="t17770219-14-person187"> William Fleming
<interp inst="t17770219-14-person187" type="surname" value="Fleming"/>
<interp inst="t17770219-14-person187" type="given" value="William"/>
<interp inst="t17770219-14-person187" type="gender" value="male"/> </persName> , Sir William gave him something; Sir William gave him a check, and then ordered me to drive on; I got off the horse and came up to the prisoner and took him by the collar; then I called out, D - n you, come out and fight like a gentleman; Sir William came out, and took the prisoner, we tied him directly; the prisoner gave the money back.</p>
<persName id="t17770219-14-person188"> THOMAS STANTON
<interp inst="t17770219-14-person188" type="surname" value="STANTON"/>
<interp inst="t17770219-14-person188" type="given" value="THOMAS"/>
<interp inst="t17770219-14-person188" type="gender" value="male"/> </persName> sworn.</p>
<p>I came up immediately; they had got hold of the prisoner before I came up; Sir William was then out of the chaise, the prisoner was rather taken before I got up; Sir William had wrenched the pistol out of his hand.</p>
<p>I lived coachman with lady Parry several years; I left her two years ago, and kept a public-house; I was cheated of some money, and was arrested and put in prison; I have
<xptr type="pageFacsimile" doc="177702190032"/> been out of employment some months: I married the daughter of Mr. Shemelt, a copper-merchant in Thames-street.</p>
<persName id="t17770219-14-person189"> ELIZABETH WAXAM
<interp inst="t17770219-14-person189" type="surname" value="WAXAM"/>
<interp inst="t17770219-14-person189" type="given" value="ELIZABETH"/>
<interp inst="t17770219-14-person189" type="gender" value="female"/> </persName> sworn.</p>
<p>I am a lapidary's wife; I have known the prisoner from a child, he has behaved very well while I knew him; Mr. Cox the brewer put him in gaol for debt: I hope he will be a good sort of a young fellow if he gets over this.</p>
<persName id="t17770219-14-person190"> DANIEL ROSS
<interp inst="t17770219-14-person190" type="surname" value="ROSS"/>
<interp inst="t17770219-14-person190" type="given" value="DANIEL"/>
<interp inst="t17770219-14-person190" type="gender" value="male"/> </persName> sworn.</p>
<p>I knew the prisoner when he was a
<rs id="t17770219-14-deflabel64" type="occupation">coachman</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-14-defend181 t17770219-14-deflabel64"/>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-14-defend192 t17770219-14-deflabel64"/>, and when he kept a public-house; he was coachman to lady Parry four or five years, he miscarried in the public-house about two years ago; I don't know how he has got his livelihood since that: he was eleven months in gaol at the suit of Mr. Cox the brewer.</p>
<rs id="t17770219-14-verdict65" type="verdictDescription">
<interp inst="t17770219-14-verdict65" type="verdictCategory" value="guilty"/> GUILTY </rs>.
<rs id="t17770219-14-punish66" type="punishmentDescription">
<interp inst="t17770219-14-punish66" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-14-defend181 t17770219-14-punish66"/> Death </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<p>He was a second time indicted, together with
<persName id="t17770219-14-defend192" type="defendantName"> WILLIAM WILSON
<interp inst="t17770219-14-defend192" type="surname" value="WILSON"/>
<interp inst="t17770219-14-defend192" type="given" value="WILLIAM"/>
<interp inst="t17770219-14-defend192" type="gender" value="male"/> </persName> , for that they
<rs id="t17770219-14-off67" type="offenceDescription">
<interp inst="t17770219-14-off67" type="offenceCategory" value="violentTheft"/>
<interp inst="t17770219-14-off67" type="offenceSubcategory" value="highwayRobbery"/> in the king's highway in and upon
<persName id="t17770219-14-person193"> Thomas Deacon
<interp inst="t17770219-14-person193" type="surname" value="Deacon"/>
<interp inst="t17770219-14-person193" type="given" value="Thomas"/>
<interp inst="t17770219-14-person193" type="gender" value="male"/> </persName> did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a metal watch, value 20 s. a cornelian seal set in gold, value 10 s. an amethyst seal set in gold, value 10 s. a steel watch-chain, value 1 s. and 14 s. in monies numbered, the property of the said Thomas </rs>,
<rs id="t17770219-14-cd68" type="crimeDate">December 3d</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-14-off60 t17770219-14-cd68"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-14-off67 t17770219-14-cd68"/>.</p>
<persName id="t17770219-14-victim195" type="victimName"> THOMAS DEACON
<interp inst="t17770219-14-victim195" type="surname" value="DEACON"/>
<interp inst="t17770219-14-victim195" type="given" value="THOMAS"/>
<interp inst="t17770219-14-victim195" type="gender" value="male"/> </persName> sworn.</p>
<p>On the 3d of December last, as I was going from London to Watford in the Watford diligence, I was stopt on
<placeName id="t17770219-14-crimeloc69">Stanmore Common</placeName>
<interp inst="t17770219-14-crimeloc69" type="placeName" value="Stanmore Common"/>
<interp inst="t17770219-14-crimeloc69" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-14-off60 t17770219-14-crimeloc69"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-14-off67 t17770219-14-crimeloc69"/>; as the chaise was going on, I heard a voice say, Have you any body within? the driver answered in the negative; I apprehended the person that enquired wanted somebody in the diligence; I put down the fore-glass, upon which two men came up to the chaise, one on the one side and the other on the other; the man on my right hand said, Be quick; understanding what the intention of the expression was, I gave him half a guinea and a sixpence; he said, that is not all; then I gave him two or three shillings; the man on the opposite side was employed in searching the front-pocket of the chaise; as there had been some other robbers on the road, I had concealed my watch under some parcels in the front pocket; after removing the parcels, that man found the watch and took it; he said, Are these your tricks? and went off with it; it was near five in the evening, and so dark, I could not distinguish faces; I cannot say whether either of the prisoners are the persons that robbed me.</p>
<persName id="t17770219-14-person196"> JOSEPH HARRISON
<interp inst="t17770219-14-person196" type="surname" value="HARRISON"/>
<interp inst="t17770219-14-person196" type="given" value="JOSEPH"/>
<interp inst="t17770219-14-person196" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a journeyman to a Mr. Gray a pawnbroker in Denmark-street; this watch was pledged at Mr. Gray's by
<persName id="t17770219-14-person197"> Margaret Lenox
<interp inst="t17770219-14-person197" type="surname" value="Lenox"/>
<interp inst="t17770219-14-person197" type="given" value="Margaret"/>
<interp inst="t17770219-14-person197" type="gender" value="female"/> </persName> upon the 23d of December last; I lent half a guinea upon it; Lenox had pledged things before; her husband is a carpenter and undertaker, and is in a very good way; Lenox was taken up afterwards in pledging something at another pawnbroker's, a duplicate of this watch being then found upon her, led to a discovery; I produced the watch next day at Sir
<persName id="t17770219-14-person198"> John Fielding
<interp inst="t17770219-14-person198" type="surname" value="Fielding"/>
<interp inst="t17770219-14-person198" type="given" value="John"/>
<interp inst="t17770219-14-person198" type="gender" value="male"/> </persName> 's, and it was owned by the prosecutor.</p>
<persName id="t17770219-14-person199"> MARGARET LENOX
<interp inst="t17770219-14-person199" type="surname" value="LENOX"/>
<interp inst="t17770219-14-person199" type="given" value="MARGARET"/>
<interp inst="t17770219-14-person199" type="gender" value="female"/> </persName> sworn.</p>
<p>I have known
<persName id="t17770219-14-person200"> Joseph Wilson
<interp inst="t17770219-14-person200" type="surname" value="Wilson"/>
<interp inst="t17770219-14-person200" type="given" value="Joseph"/>
<interp inst="t17770219-14-person200" type="gender" value="male"/> </persName> about two years; my first acquaintance commenced by my husband being in Newgate for debt at the same time that he was there; I was for four months together with my husband, by that means I became acquainted with the prisoner; after they got out of Newgate, Wilson visited my husband, by which means the acquaintance was continued: I received the watch from the prisoner about Christmas, he desired me to pawn it; I got half a guinea upon it at
<persName id="t17770219-14-person201"> George Gray
<interp inst="t17770219-14-person201" type="surname" value="Gray"/>
<interp inst="t17770219-14-person201" type="given" value="George"/>
<interp inst="t17770219-14-person201" type="gender" value="male"/> </persName> 's, and gave it to Wilson; I had frequently pawned things at this pawnbroker's for my husband in his distress: Wilson told me it was his own watch.</p>
<p>Why did you pawn it for him, why did he not pawn it himself? - He was then confined, I went to see him in his confinement; he there gave it me, and I brought him the money.</p>
<persName id="t17770219-14-person202"> PERCIVAL PHILIPS
<interp inst="t17770219-14-person202" type="surname" value="PHILIPS"/>
<interp inst="t17770219-14-person202" type="given" value="PERCIVAL"/>
<interp inst="t17770219-14-person202" type="gender" value="male"/> </persName> sworn.</p>
<p>I was at the
<persName id="t17770219-14-person203"> Brown Bear
<interp inst="t17770219-14-person203" type="surname" value="Bear"/>
<interp inst="t17770219-14-person203" type="given" value="Brown"/>
<interp inst="t17770219-14-person203" type="gender" value="male"/> </persName> in Bow-street, near Sir
<persName id="t17770219-14-person204"> John Fielding
<interp inst="t17770219-14-person204" type="surname" value="Fielding"/>
<interp inst="t17770219-14-person204" type="given" value="John"/>
<interp inst="t17770219-14-person204" type="gender" value="male"/> </persName> 's;
<persName id="t17770219-14-person205"> William Wilson
<interp inst="t17770219-14-person205" type="surname" value="Wilson"/>
<interp inst="t17770219-14-person205" type="given" value="William"/>
<interp inst="t17770219-14-person205" type="gender" value="male"/> </persName> came there under suspicious circumstances; I pulled him off his horse, and found a pair of loaded pistols upon him.</p>
<xptr type="pageFacsimile" doc="177702190033"/>
<persName id="t17770219-14-person206"> JOSEPH WILSON
<interp inst="t17770219-14-person206" type="surname" value="WILSON"/>
<interp inst="t17770219-14-person206" type="given" value="JOSEPH"/>
<interp inst="t17770219-14-person206" type="gender" value="male"/> </persName> 's DEFENCE.</p>
<p>If I was guilty of this fact, I would at this time own it; two gentlemen that were robbed near the time Mr. Deacon was, were ordered to look at me; and they said that we were not the men.</p>
<p>' William Wilson was not put upon his defence.'</p>
<persName id="t17770219-14-person207"> JOSEPH WILSON
<interp inst="t17770219-14-person207" type="surname" value="WILSON"/>
<interp inst="t17770219-14-person207" type="given" value="JOSEPH"/>
<interp inst="t17770219-14-person207" type="gender" value="male"/> </persName>
<rs id="t17770219-14-verdict70" type="verdictDescription">
<interp inst="t17770219-14-verdict70" type="verdictCategory" value="guilty"/> GUILTY </rs>;
<rs id="t17770219-14-punish71" type="punishmentDescription">
<interp inst="t17770219-14-punish71" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-14-defend181 t17770219-14-punish71"/> Death </rs>.</p>
<persName id="t17770219-14-person208"> WILLIAM WILSON
<interp inst="t17770219-14-person208" type="surname" value="WILSON"/>
<interp inst="t17770219-14-person208" type="given" value="WILLIAM"/>
<interp inst="t17770219-14-person208" type="gender" value="male"/> </persName>
<rs id="t17770219-14-verdict72" type="verdictDescription">
<interp inst="t17770219-14-verdict72" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Baron PERRYN.</p> </div1>
<div1 type="trialAccount" id="t17770219-15">
<interp inst="t17770219-15" type="collection" value="BAILEY"/>
<interp inst="t17770219-15" type="year" value="1777"/>
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<persName id="t17770219-15-defend210" type="defendantName"> JOHN JAMES SMITH
<interp inst="t17770219-15-defend210" type="surname" value="JAMES SMITH"/>
<interp inst="t17770219-15-defend210" type="given" value="JOHN"/>
<interp inst="t17770219-15-defend210" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-15-off73" type="offenceDescription">
<interp inst="t17770219-15-off73" type="offenceCategory" value="theft"/>
<interp inst="t17770219-15-off73" type="offenceSubcategory" value="grandLarceny"/> stealing three pair of mens leather shoes, value 6 s. and two pair of womens stuff shoes, value 4 s. </rs> the property of
<persName id="t17770219-15-victim211" type="victimName"> Digory Masters
<interp inst="t17770219-15-victim211" type="surname" value="Masters"/>
<interp inst="t17770219-15-victim211" type="given" value="Digory"/>
<interp inst="t17770219-15-victim211" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-15-off73 t17770219-15-victim211"/> </persName> ,
<rs id="t17770219-15-cd74" type="crimeDate">February 4th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-15-off73 t17770219-15-cd74"/>.</p>
<p>DIGORY MASTERS sworn.</p>
<p>I am a
<rs id="t17770219-15-viclabel75" type="occupation">shoe-maker</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-15-victim211 t17770219-15-viclabel75"/>; I went to drink tea in a room behind my shop; when I came into the shop again, I missed the shoes; I don't know who took them away; they were afterwards produced to me, and I knew them to be my property.</p>
<persName id="t17770219-15-person212"> ROBERT BROWN
<interp inst="t17770219-15-person212" type="surname" value="BROWN"/>
<interp inst="t17770219-15-person212" type="given" value="ROBERT"/>
<interp inst="t17770219-15-person212" type="gender" value="male"/> </persName> sworn.</p>
<p>I am servant to a pawnbroker: in the evening of the 4th of February the prisoner brought a pair of shoes to me to pawn; I stopped the shoes, and secured him.</p>
<p>[They were produced in Court and deposed to by the prosecutor.]</p>
<p>I bought the shoes of a man at the White Horse in Drury-lane for three shillings and sixpence; he had them in a bag.</p>
<rs id="t17770219-15-verdict76" type="verdictDescription">
<interp inst="t17770219-15-verdict76" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<rs id="t17770219-15-punish77" type="punishmentDescription">
<interp inst="t17770219-15-punish77" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-15-punish77" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-15-defend210 t17770219-15-punish77"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17770219-15-punish78" type="punishmentDescription">
<interp inst="t17770219-15-punish78" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-15-defend210 t17770219-15-punish78"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<join result="criminalCharge" id="t17770219-16-off80-c176" targOrder="Y" targets="t17770219-16-person214 t17770219-16-off80 t17770219-16-verdict81"/>
<persName id="t17770219-16-defend213" type="defendantName"> ANN the
<rs id="t17770219-16-deflabel79" type="occupation">wife</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-16-defend213 t17770219-16-deflabel79"/>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-16-person214 t17770219-16-deflabel79"/> of
<persName id="t17770219-16-person214" type="defendantName"> Theodore WEIKS
<interp inst="t17770219-16-person214" type="surname" value="WEIKS"/>
<interp inst="t17770219-16-person214" type="given" value="Theodore"/>
<interp inst="t17770219-16-person214" type="gender" value="male"/> </persName>
<interp inst="t17770219-16-defend213" type="surname" value="the"/>
<interp inst="t17770219-16-defend213" type="given" value="ANN"/>
<interp inst="t17770219-16-defend213" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-16-off80" type="offenceDescription">
<interp inst="t17770219-16-off80" type="offenceCategory" value="theft"/>
<interp inst="t17770219-16-off80" type="offenceSubcategory" value="theftFromPlace"/> taking away, with intent to steal, embezzle, and purloin, one bed-quilt, value 5 s. a copper sauce-pan, value 18 d. the property of
<persName id="t17770219-16-victim216" type="victimName"> William Still
<interp inst="t17770219-16-victim216" type="surname" value="Still"/>
<interp inst="t17770219-16-victim216" type="given" value="William"/>
<interp inst="t17770219-16-victim216" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-16-off80 t17770219-16-victim216"/> </persName> , being in a lodging-room let by contract by the said William to the said Theodore and Ann </rs>, against the statute, January 6th.</p>
<p>[The Prosecutor was called but not appearing, the Court ordered his recognizance to be estreated.]</p>
<rs id="t17770219-16-verdict81" type="verdictDescription">
<interp inst="t17770219-16-verdict81" type="verdictCategory" value="notGuilty"/>
<interp inst="t17770219-16-verdict81" type="verdictSubcategory" value="noProsecutor"/> NOT GUILTY </rs>.</p> </div1>
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<interp inst="t17770219-17" type="collection" value="BAILEY"/>
<interp inst="t17770219-17" type="year" value="1777"/>
<interp inst="t17770219-17" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-17" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-17-off82-c178" targOrder="Y" targets="t17770219-17-defend218 t17770219-17-off82 t17770219-17-verdict84"/>
<persName id="t17770219-17-defend218" type="defendantName"> JOHN KELLY
<interp inst="t17770219-17-defend218" type="surname" value="KELLY"/>
<interp inst="t17770219-17-defend218" type="given" value="JOHN"/>
<interp inst="t17770219-17-defend218" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-17-off82" type="offenceDescription">
<interp inst="t17770219-17-off82" type="offenceCategory" value="theft"/>
<interp inst="t17770219-17-off82" type="offenceSubcategory" value="grandLarceny"/> stealing a watch, value 40 s. </rs> the property of
<persName id="t17770219-17-victim220" type="victimName"> Jacob Knight
<interp inst="t17770219-17-victim220" type="surname" value="Knight"/>
<interp inst="t17770219-17-victim220" type="given" value="Jacob"/>
<interp inst="t17770219-17-victim220" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-17-off82 t17770219-17-victim220"/> </persName> ,
<rs id="t17770219-17-cd83" type="crimeDate">February 10th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-17-off82 t17770219-17-cd83"/>.</p>
<p>There was no evidence to bring the charge home to the prisoner.</p>
<rs id="t17770219-17-verdict84" type="verdictDescription">
<interp inst="t17770219-17-verdict84" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
<div1 type="trialAccount" id="t17770219-18">
<interp inst="t17770219-18" type="collection" value="BAILEY"/>
<interp inst="t17770219-18" type="year" value="1777"/>
<interp inst="t17770219-18" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-18" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-18-off85-c180" targOrder="Y" targets="t17770219-18-defend222 t17770219-18-off85 t17770219-18-verdict88"/>
<persName id="t17770219-18-defend222" type="defendantName"> JAMES RICHMOND
<interp inst="t17770219-18-defend222" type="surname" value="RICHMOND"/>
<interp inst="t17770219-18-defend222" type="given" value="JAMES"/>
<interp inst="t17770219-18-defend222" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-18-off85" type="offenceDescription">
<interp inst="t17770219-18-off85" type="offenceCategory" value="theft"/>
<interp inst="t17770219-18-off85" type="offenceSubcategory" value="grandLarceny"/> stealing a quart silver pot, value 40 s. </rs> the property of
<persName id="t17770219-18-victim224" type="victimName"> Samuel King
<interp inst="t17770219-18-victim224" type="surname" value="King"/>
<interp inst="t17770219-18-victim224" type="given" value="Samuel"/>
<interp inst="t17770219-18-victim224" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-18-off85 t17770219-18-victim224"/> </persName> , January 20th.</p>
<persName id="t17770219-18-person225"> SAMUEL KING
<interp inst="t17770219-18-person225" type="surname" value="KING"/>
<interp inst="t17770219-18-person225" type="given" value="SAMUEL"/>
<interp inst="t17770219-18-person225" type="gender" value="male"/> </persName> sworn.</p>
<rs id="t17770219-18-viclabel86" type="occupation">keep a public-house</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-18-victim224 t17770219-18-viclabel86"/> in
<placeName id="t17770219-18-crimeloc87">Bedfordbury</placeName>
<interp inst="t17770219-18-crimeloc87" type="placeName" value="Bedfordbury"/>
<interp inst="t17770219-18-crimeloc87" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-18-off85 t17770219-18-crimeloc87"/>; I missed a quart tankard on the 20th of January; I had been using it just before; I saw it again at Sir John's.</p>
<persName id="t17770219-18-person226"> JONATHAN REDGRAVE
<interp inst="t17770219-18-person226" type="surname" value="REDGRAVE"/>
<interp inst="t17770219-18-person226" type="given" value="JONATHAN"/>
<interp inst="t17770219-18-person226" type="gender" value="male"/> </persName> sworn.</p>
<p>Two soldiers brought the tankard and the prisoner up to Sir
<persName id="t17770219-18-person227"> John Fielding
<interp inst="t17770219-18-person227" type="surname" value="Fielding"/>
<interp inst="t17770219-18-person227" type="given" value="John"/>
<interp inst="t17770219-18-person227" type="gender" value="male"/> </persName> 's on suspicion of his having stole it.</p>
<p>[The tankard was produced in Court, and deposed to by the prosecutor.]</p>
<persName id="t17770219-18-person228"> WILLIAM ADAMS
<interp inst="t17770219-18-person228" type="surname" value="ADAMS"/>
<interp inst="t17770219-18-person228" type="given" value="WILLIAM"/>
<interp inst="t17770219-18-person228" type="gender" value="male"/> </persName> sworn.</p>
<p>I was drinking in a public-house; the prisoner came in and shewed me the tankard, and said, if I would go with him to make away with it, he would make a handsome treat; upon this I took him to Sir
<persName id="t17770219-18-person229"> John Fielding
<interp inst="t17770219-18-person229" type="surname" value="Fielding"/>
<interp inst="t17770219-18-person229" type="given" value="John"/>
<interp inst="t17770219-18-person229" type="gender" value="male"/> </persName> 's, suspecting he had stole it.</p>
<p>I found the tankard in Little May's Buildings standing in the street; there is no name upon it, only two or three letters.</p>
<rs id="t17770219-18-verdict88" type="verdictDescription">
<interp inst="t17770219-18-verdict88" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<rs id="t17770219-18-punish89" type="punishmentDescription">
<interp inst="t17770219-18-punish89" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-18-punish89" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-18-defend222 t17770219-18-punish89"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17770219-18-punish90" type="punishmentDescription">
<interp inst="t17770219-18-punish90" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-18-defend222 t17770219-18-punish90"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<interp inst="t17770219-19" type="collection" value="BAILEY"/>
<interp inst="t17770219-19" type="year" value="1777"/>
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<join result="criminalCharge" id="t17770219-19-off91-c188" targOrder="Y" targets="t17770219-19-defend233 t17770219-19-off91 t17770219-19-verdict93"/>
<p>183, 184.
<persName id="t17770219-19-defend231" type="defendantName"> HESTER RILEY
<interp inst="t17770219-19-defend231" type="surname" value="RILEY"/>
<interp inst="t17770219-19-defend231" type="given" value="HESTER"/>
<interp inst="t17770219-19-defend231" type="gender" value="female"/> </persName> and
<persName id="t17770219-19-defend233" type="defendantName"> ANN SUTTON
<interp inst="t17770219-19-defend233" type="surname" value="SUTTON"/>
<interp inst="t17770219-19-defend233" type="given" value="ANN"/>
<interp inst="t17770219-19-defend233" type="gender" value="female"/> </persName> were indicted
<rs id="t17770219-19-off91" type="offenceDescription">
<interp inst="t17770219-19-off91" type="offenceCategory" value="theft"/>
<interp inst="t17770219-19-off91" type="offenceSubcategory" value="pocketpicking"/> for stealing a silver watch, value 20 s. the property of
<persName id="t17770219-19-victim235" type="victimName"> Samuel Storer
<interp inst="t17770219-19-victim235" type="surname" value="Storer"/>
<interp inst="t17770219-19-victim235" type="given" value="Samuel"/>
<interp inst="t17770219-19-victim235" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-19-off91 t17770219-19-victim235"/> </persName> , privily from his person </rs>,
<rs id="t17770219-19-cd92" type="crimeDate">January 26th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-19-off91 t17770219-19-cd92"/>.</p>
<p>The prosecutor was called, but not appearing the Court ordered his recognizance to be estreated.</p>
<rs id="t17770219-19-verdict93" type="verdictDescription">
<interp inst="t17770219-19-verdict93" type="verdictCategory" value="notGuilty"/>
<interp inst="t17770219-19-verdict93" type="verdictSubcategory" value="noProsecutor"/> NOT GUILTY </rs>.</p> </div1>
<div1 type="trialAccount" id="t17770219-20">
<interp inst="t17770219-20" type="collection" value="BAILEY"/>
<interp inst="t17770219-20" type="year" value="1777"/>
<interp inst="t17770219-20" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-20" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-20-off94-c190" targOrder="Y" targets="t17770219-20-defend237 t17770219-20-off94 t17770219-20-verdict97"/>
<persName id="t17770219-20-defend237" type="defendantName"> SARAH MATTHEWS
<interp inst="t17770219-20-defend237" type="surname" value="MATTHEWS"/>
<interp inst="t17770219-20-defend237" type="given" value="SARAH"/>
<interp inst="t17770219-20-defend237" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-20-off94" type="offenceDescription">
<interp inst="t17770219-20-off94" type="offenceCategory" value="theft"/>
<interp inst="t17770219-20-off94" type="offenceSubcategory" value="grandLarceny"/> stealing 35 yards of silk riband, value 10 s. </rs> the property of
<persName id="t17770219-20-victim239" type="victimName"> Jane Tucker
<interp inst="t17770219-20-victim239" type="surname" value="Tucker"/>
<interp inst="t17770219-20-victim239" type="given" value="Jane"/>
<interp inst="t17770219-20-victim239" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-20-off94 t17770219-20-victim239"/> </persName> ,
<rs id="t17770219-20-viclabel95" type="occupation">widow</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-20-victim239 t17770219-20-viclabel95"/>,
<rs id="t17770219-20-cd96" type="crimeDate">February 1st</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-20-off94 t17770219-20-cd96"/>.</p>
<p>There was no evidence to affect the prisoner, but the testimony of an accomplice unconnected with any corroborating circumstances.</p>
<rs id="t17770219-20-verdict97" type="verdictDescription">
<interp inst="t17770219-20-verdict97" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Justice GOULD.</p> </div1>
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<interp inst="t17770219-21" type="collection" value="BAILEY"/>
<interp inst="t17770219-21" type="year" value="1777"/>
<interp inst="t17770219-21" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-21" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-21-off98-c192" targOrder="Y" targets="t17770219-21-defend241 t17770219-21-off98 t17770219-21-verdict103"/>
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<p>186, 187.
<persName id="t17770219-21-defend241" type="defendantName"> THOMAS TURNER
<interp inst="t17770219-21-defend241" type="surname" value="TURNER"/>
<interp inst="t17770219-21-defend241" type="given" value="THOMAS"/>
<interp inst="t17770219-21-defend241" type="gender" value="male"/> </persName> and
<persName id="t17770219-21-defend243" type="defendantName"> MARY YATES
<interp inst="t17770219-21-defend243" type="surname" value="YATES"/>
<interp inst="t17770219-21-defend243" type="given" value="MARY"/>
<interp inst="t17770219-21-defend243" type="gender" value="female"/> </persName> were indicted, the first for
<rs id="t17770219-21-off98" type="offenceDescription">
<interp inst="t17770219-21-off98" type="offenceCategory" value="theft"/>
<interp inst="t17770219-21-off98" type="offenceSubcategory" value="grandLarceny"/> stealing a deal box, value 4 s. a linen table-cloth, value 1 s. a printed book, value 6 d. a child's cotton jam, value 2 s. two child's flannel petticoats, value 1 s. </rs> the property of
<persName id="t17770219-21-victim245" type="victimName"> John Monday
<interp inst="t17770219-21-victim245" type="surname" value="Monday"/>
<interp inst="t17770219-21-victim245" type="given" value="John"/>
<interp inst="t17770219-21-victim245" type="gender" value="male"/> </persName> , and the other for
<rs id="t17770219-21-off99" type="offenceDescription">
<interp inst="t17770219-21-off99" type="offenceCategory" value="theft"/>
<interp inst="t17770219-21-off99" type="offenceSubcategory" value="receiving"/> receiving the above goods, well-knowing
<xptr type="pageFacsimile" doc="177702190036"/> them to have been stolen </rs>,
<rs id="t17770219-21-cd100" type="crimeDate">January 28th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-21-off98 t17770219-21-cd100"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-21-off99 t17770219-21-cd100"/>.</p>
<persName id="t17770219-21-person246"> JOHN MONDAY
<interp inst="t17770219-21-person246" type="surname" value="MONDAY"/>
<interp inst="t17770219-21-person246" type="given" value="JOHN"/>
<interp inst="t17770219-21-person246" type="gender" value="male"/> </persName> sworn.</p>
<p>I am
<rs id="t17770219-21-viclabel101" type="occupation">coachman</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-21-victim245 t17770219-21-viclabel101"/> to Mr. Brown, in
<placeName id="t17770219-21-crimeloc102">Golden Square</placeName>
<interp inst="t17770219-21-crimeloc102" type="placeName" value="Golden Square"/>
<interp inst="t17770219-21-crimeloc102" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-21-off98 t17770219-21-crimeloc102"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-21-off99 t17770219-21-crimeloc102"/>: on the 27th or 28th of January I lost two boxes out of my apartment, in one of which was a table-cloth, and in the room a printed book, a child's cotton jam and two flannel petticoats; I believe they are worth about 10 s. on the Saturday following on an information I went to the office in Litchfield-street and saw Turner in custody, and one of the boxes and the table-cloth were there.</p>
<persName id="t17770219-21-person247"> DENNIS McDONALD
<interp inst="t17770219-21-person247" type="surname" value="McDONALD"/>
<interp inst="t17770219-21-person247" type="given" value="DENNIS"/>
<interp inst="t17770219-21-person247" type="gender" value="male"/> </persName> sworn.</p>
<p>I attend at the rotation office: the prisoner being brought there on another offence, I went with
<persName id="t17770219-21-person248"> James Hide
<interp inst="t17770219-21-person248" type="surname" value="Hide"/>
<interp inst="t17770219-21-person248" type="given" value="James"/>
<interp inst="t17770219-21-person248" type="gender" value="male"/> </persName> and searched his lodging; I found a box, a table-cloth and printed book, and a stocking in his lodging; the box had a direction upon it; the things were not in that box, but in one of his own;
<persName id="t17770219-21-person249"> Mary Yates
<interp inst="t17770219-21-person249" type="surname" value="Yates"/>
<interp inst="t17770219-21-person249" type="given" value="Mary"/>
<interp inst="t17770219-21-person249" type="gender" value="female"/> </persName> was in the lodging; we searched her and found two duplicates upon her; by means of the direction on the box I went and found the prosecutor.</p>
<persName id="t17770219-21-person250"> THOMAS CLARKE
<interp inst="t17770219-21-person250" type="surname" value="CLARKE"/>
<interp inst="t17770219-21-person250" type="given" value="THOMAS"/>
<interp inst="t17770219-21-person250" type="gender" value="male"/> </persName> sworn.</p>
<p>I am journeyman to Mr. Lane, a pawnbroker in Holborn: on the 29th of January the prisoner Yates pawned a child's jam and two flannel petticoats with me.</p>
<p>[The things were produced in Court, and deposed to by the prosecutor.]</p>
<persName id="t17770219-21-person251"> James Hide
<interp inst="t17770219-21-person251" type="surname" value="Hide"/>
<interp inst="t17770219-21-person251" type="given" value="James"/>
<interp inst="t17770219-21-person251" type="gender" value="male"/> </persName> confirmed the testimony of McDonald.'</p>
<p>I found the things in Berkley-square.</p>
<p>'The prisoner Yates called Lane the pawnbroker, who gave her a good character.'</p>
<rs id="t17770219-21-verdict103" type="verdictDescription">
<interp inst="t17770219-21-verdict103" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<rs id="t17770219-21-verdict104" type="verdictDescription">
<interp inst="t17770219-21-verdict104" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Baron PERRYN.</p>
<rs id="t17770219-21-punish105" type="punishmentDescription">
<interp inst="t17770219-21-punish105" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-21-punish105" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-21-defend241 t17770219-21-punish105"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-21-defend243 t17770219-21-punish105"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17770219-21-punish106" type="punishmentDescription">
<interp inst="t17770219-21-punish106" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-21-defend241 t17770219-21-punish106"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-21-defend243 t17770219-21-punish106"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17770219-22">
<interp inst="t17770219-22" type="collection" value="BAILEY"/>
<interp inst="t17770219-22" type="year" value="1777"/>
<interp inst="t17770219-22" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-22" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-22-off107-c201" targOrder="Y" targets="t17770219-22-defend253 t17770219-22-off107 t17770219-22-verdict110"/>
<persName id="t17770219-22-defend253" type="defendantName"> MARY DIKE
<interp inst="t17770219-22-defend253" type="surname" value="DIKE"/>
<interp inst="t17770219-22-defend253" type="given" value="MARY"/>
<interp inst="t17770219-22-defend253" type="gender" value="female"/> </persName> was indicted for having in her custody a certain paper writing, containing to the tenor following, that is to say,</p>
<p>'Lord Ongley bought of
<persName id="t17770219-22-person254"> Robert Abington
<interp inst="t17770219-22-person254" type="surname" value="Abington"/>
<interp inst="t17770219-22-person254" type="given" value="Robert"/>
<interp inst="t17770219-22-person254" type="gender" value="male"/> </persName> ,</p>
<p>'November 4, candles, 6 doz. 2 l. 6 s.' and
<rs id="t17770219-22-off107" type="offenceDescription">
<interp inst="t17770219-22-off107" type="offenceCategory" value="deception"/>
<interp inst="t17770219-22-off107" type="offenceSubcategory" value="forgery"/> under which said paper writing was contained a certain false, forged, and counterfeited acquittance and receipt for money </rs>, which is to the tenor following, that is to say,</p>
<p>'Received the contents in faull for the youse</p>
<persName id="t17770219-22-person255"> Robert Abington
<interp inst="t17770219-22-person255" type="surname" value="Abington"/>
<interp inst="t17770219-22-person255" type="given" value="Robert"/>
<interp inst="t17770219-22-person255" type="gender" value="male"/> </persName> . By me John Price.' For that she the said Mary did feloniously utter and publish the same as true, knowing it to be false, forged, and counterfeited with intention to defraud the Right Honorable
<persName id="t17770219-22-victim257" type="victimName"> Robert Henley Ongley
<interp inst="t17770219-22-victim257" type="surname" value="Henley Ongley"/>
<interp inst="t17770219-22-victim257" type="given" value="Robert"/>
<interp inst="t17770219-22-victim257" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-22-off107 t17770219-22-victim257"/> </persName> ,
<rs id="t17770219-22-viclabel108" type="occupation">Baron</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-22-victim257 t17770219-22-viclabel108"/> of Old Warden, in the kingdom of Ireland, against the statute, &c.
<rs id="t17770219-22-cd109" type="crimeDate">November 7th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-22-off107 t17770219-22-cd109"/>.</p>
<rs id="t17770219-22-verdict110" type="verdictDescription">
<interp inst="t17770219-22-verdict110" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Justice WILLES.</p> </div1>
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<interp inst="t17770219-23" type="collection" value="BAILEY"/>
<interp inst="t17770219-23" type="year" value="1777"/>
<interp inst="t17770219-23" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-23" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-23-off111-c205" targOrder="Y" targets="t17770219-23-defend259 t17770219-23-off111 t17770219-23-verdict115"/>
<persName id="t17770219-23-defend259" type="defendantName"> ELIZABETH WEST
<interp inst="t17770219-23-defend259" type="surname" value="WEST"/>
<interp inst="t17770219-23-defend259" type="given" value="ELIZABETH"/>
<interp inst="t17770219-23-defend259" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-23-off111" type="offenceDescription">
<interp inst="t17770219-23-off111" type="offenceCategory" value="theft"/>
<interp inst="t17770219-23-off111" type="offenceSubcategory" value="grandLarceny"/> stealing a watch, the inside case made of metal, and the outside case covered with fish-skin, value 40 s. a gold watch chain, value 5 l. an aqua-marine stone set in gold, value 40 s. two cornelian stone seals set in gold, value 40 s. a ring seal set in gold, value 20 s. and another stone seal set in gold, value 20 s. </rs> the property of
<persName id="t17770219-23-victim261" type="victimName"> Gilbert Affleck
<interp inst="t17770219-23-victim261" type="surname" value="Affleck"/>
<interp inst="t17770219-23-victim261" type="given" value="Gilbert"/>
<interp inst="t17770219-23-victim261" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-23-off111 t17770219-23-victim261"/> </persName> ,
<rs id="t17770219-23-viclabel112" type="occupation">Esq</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-23-victim261 t17770219-23-viclabel112"/>;
<rs id="t17770219-23-cd113" type="crimeDate">February 14th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-23-off111 t17770219-23-cd113"/>.</p>
<persName id="t17770219-23-person262"> GILBERT AFFLECK
<interp inst="t17770219-23-person262" type="surname" value="AFFLECK"/>
<interp inst="t17770219-23-person262" type="given" value="GILBERT"/>
<interp inst="t17770219-23-person262" type="gender" value="male"/> </persName> , Esq; sworn.</p>
<p>As I was coming out of
<placeName id="t17770219-23-crimeloc114">Drury-lane Playhouse</placeName>
<interp inst="t17770219-23-crimeloc114" type="placeName" value="Drury-lane Playhouse"/>
<interp inst="t17770219-23-crimeloc114" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-23-off111 t17770219-23-crimeloc114"/> last Friday evening, about 11 o'clock, from the Oratorio, at the great door leading into Bridges-street, not finding the chair at the door I retreated back into the passage, the prisoner stared me full in the face; she came right up to me in front, and quite jostled me.</p>
<p>Had you ever seen her before that time? - No, I had not; I felt my watch go out of my pocket and caught her by the right hand directly; I told her that she had my watch; before I had uttered the words I saw her left hand held out at full length, and she was endeavouring to deliver the watch to a man with a black patch over one of his eyes, and the man was endeavouring to receive it, but I never saw the watch in his hand; I saw the chain hang out of her hand as she was endeavouring to deliver it; upon this I quitted her and seized the man by the collar; a constable was ready that instant, who was very
<xptr type="pageFacsimile" doc="177702190037"/> attentive indeed, we secured them both and carried them into an alehouse, close by the playhouse door, where they were searched, but nothing found upon them; I went the next morning before the justice.</p>
<p>How long do you suppose you had the woman by the arm before you quitted her and seized the man? - Not a minute; I immediately quitted her, and seized him; she was then endeavouring to make her escape; I committed the man to the care of my brother who was close to me; and I myself retook the prisoner.</p>
<p>How long was it from the time of your taking the man by the collar to your retaking the prisoner? - I don't know; I believe it was about 4 minutes.</p>
<p>Will you take upon you to swear the woman you retook was the same woman? - Yes; the whole was within the space of three yards; I could swear to her dress; she had a little black bonnet and black gown on; I swear she is the same woman; the moment the constable came up, he said, O Sir! don't you know her? it is the famous Miss West: there was not another woman there that I saw at all; I have not got my watch again; it was a watchmaker's watch; it was good for nothing; there was a gold chain and five seals to it.</p>
<p>The Rev.
<persName id="t17770219-23-person263"> JOHN AFFLECK
<interp inst="t17770219-23-person263" type="surname" value="AFFLECK"/>
<interp inst="t17770219-23-person263" type="given" value="JOHN"/>
<interp inst="t17770219-23-person263" type="gender" value="male"/> </persName> sworn.</p>
<p>I was at the Oratorio with my brother; my brother seized a man by the collar and delivered him to me; I saw the prisoner endeavouring to get away; my brother seized her; I did not see her till he seized her and was bringing her back; she had not got above three yards; she was taken into a public house and searched.</p>
<p>Did you see any other woman there? - No.</p>
<p>Did you see no woman at all till your brother brought back the prisoner. - No; I did not.</p>
<p>My lord, I was going from my Lord Mansfield's chambers to my own house in Berkeley Square, going up Russel-street I heard a gentleman say, I have lost my watch, I have lost my watch, and the constable came up to me, I being nearest and said, O, I know her, and took me into custody; I never saw the watch; I know nothing of it; the constable Slade said, I know her, and on that I was taken and searched: I only came down last night; I did not think my trial would come on to-day; so I am not provided with witnesses.</p>
<rs id="t17770219-23-verdict115" type="verdictDescription">
<interp inst="t17770219-23-verdict115" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. Justice GOULD.</p> </div1>
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<interp inst="t17770219-24" type="collection" value="BAILEY"/>
<interp inst="t17770219-24" type="year" value="1777"/>
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<persName id="t17770219-24-defend265" type="defendantName"> JOHN EADE
<interp inst="t17770219-24-defend265" type="surname" value="EADE"/>
<interp inst="t17770219-24-defend265" type="given" value="JOHN"/>
<interp inst="t17770219-24-defend265" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-24-off116" type="offenceDescription">
<interp inst="t17770219-24-off116" type="offenceCategory" value="theft"/>
<interp inst="t17770219-24-off116" type="offenceSubcategory" value="grandLarceny"/> stealing 50 lb. weight of Cheshire cheese, value 10 s. </rs> the property of
<persName id="t17770219-24-victim267" type="victimName"> William Dunn
<interp inst="t17770219-24-victim267" type="surname" value="Dunn"/>
<interp inst="t17770219-24-victim267" type="given" value="William"/>
<interp inst="t17770219-24-victim267" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-24-off116 t17770219-24-victim267"/> </persName> ,
<rs id="t17770219-24-cd117" type="crimeDate">January 17th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-24-off116 t17770219-24-cd117"/>.</p>
<p>The prosecutor was called, but not appearing the Court ordered his recognizance to be estreated.</p>
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<interp inst="t17770219-24-verdict118" type="verdictCategory" value="notGuilty"/>
<interp inst="t17770219-24-verdict118" type="verdictSubcategory" value="noProsecutor"/> NOT GUILTY </rs>.</p> </div1>
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<interp inst="t17770219-25" type="collection" value="BAILEY"/>
<interp inst="t17770219-25" type="year" value="1777"/>
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<interp inst="t17770219-25" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-25-off119-c211" targOrder="Y" targets="t17770219-25-defend269 t17770219-25-off119 t17770219-25-verdict121"/>
<persName id="t17770219-25-defend269" type="defendantName"> JOHN WILSON
<interp inst="t17770219-25-defend269" type="surname" value="WILSON"/>
<interp inst="t17770219-25-defend269" type="given" value="JOHN"/>
<interp inst="t17770219-25-defend269" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-25-off119" type="offenceDescription">
<interp inst="t17770219-25-off119" type="offenceCategory" value="theft"/>
<interp inst="t17770219-25-off119" type="offenceSubcategory" value="grandLarceny"/> stealing four deal boards, value 6 s. and an iron padlock, value 3 d. </rs> the property of
<persName id="t17770219-25-victim271" type="victimName"> William Quince
<interp inst="t17770219-25-victim271" type="surname" value="Quince"/>
<interp inst="t17770219-25-victim271" type="given" value="William"/>
<interp inst="t17770219-25-victim271" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-25-off119 t17770219-25-victim271"/> </persName> ,
<rs id="t17770219-25-cd120" type="crimeDate">February 4th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-25-off119 t17770219-25-cd120"/>.</p>
<p>The prosecutor was called, but not appearing the Court ordered his recognizance to be estreated.</p>
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<interp inst="t17770219-25-verdict121" type="verdictCategory" value="notGuilty"/>
<interp inst="t17770219-25-verdict121" type="verdictSubcategory" value="noProsecutor"/> NOT GUILTY </rs>.</p> </div1>
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<interp inst="t17770219-26" type="date" value="17770219"/>
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<p>192, 193, 194.
<persName id="t17770219-26-defend273" type="defendantName"> RICHARD ROBERTS
<interp inst="t17770219-26-defend273" type="surname" value="ROBERTS"/>
<interp inst="t17770219-26-defend273" type="given" value="RICHARD"/>
<interp inst="t17770219-26-defend273" type="gender" value="male"/> </persName> ,
<persName id="t17770219-26-defend275" type="defendantName"> JAMES DENNIS
<interp inst="t17770219-26-defend275" type="surname" value="DENNIS"/>
<interp inst="t17770219-26-defend275" type="given" value="JAMES"/>
<interp inst="t17770219-26-defend275" type="gender" value="male"/> </persName> and
<persName id="t17770219-26-defend277" type="defendantName"> ABRAM WOOLER
<interp inst="t17770219-26-defend277" type="surname" value="WOOLER"/>
<interp inst="t17770219-26-defend277" type="given" value="ABRAM"/>
<interp inst="t17770219-26-defend277" type="gender" value="male"/> </persName> were indicted, the two first for
<rs id="t17770219-26-off122" type="offenceDescription">
<interp inst="t17770219-26-off122" type="offenceCategory" value="theft"/>
<interp inst="t17770219-26-off122" type="offenceSubcategory" value="grandLarceny"/> stealing a handsaw, value 1 s. a tennon-saw, value 1 s. seven moulding planes, value 3 s. a leaden glue-pot, value 1 s. an oil-stone, value 1 s. an iron square, value 9 d. the property of
<persName id="t17770219-26-victim279" type="victimName"> Thomas Boodle
<interp inst="t17770219-26-victim279" type="surname" value="Boodle"/>
<interp inst="t17770219-26-victim279" type="given" value="Thomas"/>
<interp inst="t17770219-26-victim279" type="gender" value="male"/> </persName> ; a long plane, value 2 s. 6 d. a hand-saw, value 18 d. and a stock, value 18 d. </rs> the property of
<persName id="t17770219-26-victim281" type="victimName"> Samuel Hughes
<interp inst="t17770219-26-victim281" type="surname" value="Hughes"/>
<interp inst="t17770219-26-victim281" type="given" value="Samuel"/>
<interp inst="t17770219-26-victim281" type="gender" value="male"/> </persName> , and the other
<rs id="t17770219-26-off123" type="offenceDescription">
<interp inst="t17770219-26-off123" type="offenceCategory" value="theft"/>
<interp inst="t17770219-26-off123" type="offenceSubcategory" value="receiving"/> part of the above goods, well-knowing them to have been stolen </rs>, against the statute,
<rs id="t17770219-26-cd124" type="crimeDate">January 20th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-26-off122 t17770219-26-cd124"/>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-26-off123 t17770219-26-cd124"/>.</p>
<p>The prosecutor was called, but not appearing the Court ordered his recognizance to be estreated.</p>
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<interp inst="t17770219-26-verdict125" type="verdictCategory" value="notGuilty"/>
<interp inst="t17770219-26-verdict125" type="verdictSubcategory" value="noProsecutor"/> NOT GUILTY </rs>.</p> </div1>
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<join result="criminalCharge" id="t17770219-27-off126-c218" targOrder="Y" targets="t17770219-27-defend283 t17770219-27-off126 t17770219-27-verdict129"/>
<persName id="t17770219-27-defend283" type="defendantName"> PETER TOLOSA
<interp inst="t17770219-27-defend283" type="surname" value="TOLOSA"/>
<interp inst="t17770219-27-defend283" type="given" value="PETER"/>
<interp inst="t17770219-27-defend283" type="gender" value="male"/> </persName> was indicted for the
<rs id="t17770219-27-off126" type="offenceDescription">
<interp inst="t17770219-27-off126" type="offenceCategory" value="kill"/>
<interp inst="t17770219-27-off126" type="offenceSubcategory" value="murder"/> wilful murder of
<persName id="t17770219-27-victim285" type="victimName"> Mary Catherine Sophia Duarzey
<interp inst="t17770219-27-victim285" type="surname" value="Catherine Sophia Duarzey"/>
<interp inst="t17770219-27-victim285" type="given" value="Mary"/>
<interp inst="t17770219-27-victim285" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-27-off126 t17770219-27-victim285"/> </persName> , by giving her a mortal wound of the breadth of one inch, and of the depth of four inches, with a certain knife in her neck, near her collar bone, of which she instantly died </rs>.</p>
<xptr type="pageFacsimile" doc="177702190038"/>He was also charged with the said murder on the coroner's inquisition, January 18th.</p>
<p>(The prisoner not understanding English an interpreter was sworn.)</p>
<persName id="t17770219-27-person286"> WILLIAM DAVEY
<interp inst="t17770219-27-person286" type="surname" value="DAVEY"/>
<interp inst="t17770219-27-person286" type="given" value="WILLIAM"/>
<interp inst="t17770219-27-person286" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a peace-officer: upon the 18th of January last I had a warrant against the deceased at the suit of the prisoner, on suspicion of her having robbed him; Mr. Gosler and I took her about six o'clock in the evening, at her lodgings in Berwick-street, Soho; we took her in a coach to justice Blackborrow, in
<placeName id="t17770219-27-crimeloc127">Clerkenwell Close</placeName>
<interp inst="t17770219-27-crimeloc127" type="placeName" value="Clerkenwell Close"/>
<interp inst="t17770219-27-crimeloc127" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-27-off126 t17770219-27-crimeloc127"/>; the prisoner followed, the prisoner swore before the justice that the deceased had robbed him of gold coin, I searched her pockets and found only a few shillings; the prisoner was within the bar at the justice's to see if the woman had any of his property; but he did not claim any thing that was found on her; but seemed to be in a fury, and the justice discharged the woman; they had each an interpreter before the justice, as they could not speak English: on coming from the justice's the deceased took hold of my arm, and on the steps of Gosler's arm, and by the interpreter desired to go and get something to drink before they parted; we were going to the Angel, which was at the distance of about 100 yards; when we were about 20 yards from the justice's door the deceased gave a sudden shriek and fell down; I did not see any thing done to her; in my trying to take her up she fell down again; some person called out, Davey, come and take the fellow; I picked up a knife behind the woman which was very bloody; I seized the prisoner who was behind her by the collar, and another assisting we took him back to justice Blackborrow's office; there was blood running down on each side of the prisoner's breast; I saw he had a wound on the left side of his neck; it was but a skin wound; we sent him in a coach to the hospital by the justice's order for fear his wounds were mortal; the woman was carried into the Oxford Arms; I did not see her afterwards till she was dead; I did not hear the deceased speak to the prisoner; and I believe the deceased did not see the prisoner after she came out of the justice's.</p>
<p>When you saw the deceased after she was dead, did you observe where the wound was? - Just upon her right shoulder; the knife went in at the neck and slanted downwards; the prisoner stood behind her when he gave the stroke; the wound was about an inch wide.</p>
<p>Did they speak before the justice as if they were angry with one another? - He seemed to speak as if he was angry; she as if she was laughing; she was quite a young woman.</p>
<p>Was there any man with her at her lodgings? - No; she came in, she had been out to market; an interpreter that could speak English came with her in the coach; he was in the kitchen of the house she lodged at, with the woman of the house; he did not belong to the deceased; the woman of the house desired him to go with her because she could not speak a word of English; this is the knife, (producing a sharp pointed knife, the blade about six inches long) I have had it in my custody ever since.</p>
<p>How long might it be after you came out of the justice's before the wound was given? - It could not be a minute; after I put the prisoner into the coach I searched him; the sheath of the knife was found the next morning by a gentleman who is present.</p>
<p>Have you rubbed the blood off? - When I shewed it before the coroner's jury the coroner touched the knife and rubbed some of the blood off; I desired he would not; it was bloodier when I took it up than it is now.</p>
<persName id="t17770219-27-person287"> JOHN GOSLER
<interp inst="t17770219-27-person287" type="surname" value="GOSLER"/>
<interp inst="t17770219-27-person287" type="given" value="JOHN"/>
<interp inst="t17770219-27-person287" type="gender" value="male"/> </persName> sworn.</p>
<p>I went with the deceased, the last witness, and the interpreter to the justice; the prisoner was at the justice's when the deceased was brought there; the prisoner charged the deceased with being accessary to his being robbed and having in her possession in a purse some medals which he would swear to; she was searched before the justice in the prisoner's presence; but the prisoner did not claim any thing that was found upon her; and the justice discharged her; the deceased and Davey went out of the office; I followed them; when I got to the steps the deceased took hold of my arm; the prisoner and deceased had each an interpreter; her interpreter came out behind me; when we had gone about 20 yards, I from behind heard the word sacre; I turned my head and saw the prisoner's hand come upon the deceased's shoulder, and she dropped on her knees giving a shriek; Davey and I endeavoured
<xptr type="pageFacsimile" doc="177702190039"/> to help her up, but she dropped again; I quitted her and seizing the prisoner by the collar, called to Davey to assist; and we carried the prisoner to the justice's; there I saw the prisoner was bleeding; I went back and took the deceased to the Oxford Arms; we laid her on a table; she was to all appearance dead; she died almost immediately; the wound was over the right shoulder; it slanted into the collar bone: Davey came to the Oxford Arms and shewed the knife which was bloody.</p>
<p>You said the prisoner charged her with being accessary to the robbing him; did he charge any body as principal? - No; he said he had been robbed, and he had seen the things he had been robbed of in her possession.</p>
<p>What is the meaning of the word sacre? - A foreigner on the Jury. It is the same as a curse or damn.</p>
<persName id="t17770219-27-person288"> RICHARD HARPER
<interp inst="t17770219-27-person288" type="surname" value="HARPER"/>
<interp inst="t17770219-27-person288" type="given" value="RICHARD"/>
<interp inst="t17770219-27-person288" type="gender" value="male"/> </persName> sworn.</p>
<p>I was at the justice's and saw the deceased's pocket searched in the presence of the prisoner; the prisoner claimed nothing that was found on her; she was therefore discharged; there was an interpreter present on each side; they were about a quarter of an hour before the justice; when they were before the justice the prisoner said something to the deceased, upon which she turned round and smiled; she signified by the interpreter that she did not chuse to be with the prisoner, as he was an old man, and she a young woman; she went out of the justice's office with Mr. Davey and Mr. Gosler; I followed and the prisoner followed me; when I was at the top of the steps, about two yards from the office I turned round and saw the prisoner throw open his coat; I walked on the side of the prisoner a few yards, then he took four or five steps very smartly, and with his right hand struck the deceased upon the shoulder, saying at the time, Sacre dieu, or a word to that purpose; upon which she shrieked out and fell; I did not see any thing in his hand; I told the prisoner he should go before the justice; he staggered back and fell against me; I listed him up, and as I was lifting him up he threw something out of his hand; we carried him before the justice; as Davey was coming between me and the woman he took up a knife which was bloody; I took up the woman; she was lying on the ground; she could not speak; I carried her to the Oxford Arms and sent for a surge on, who attempted to bleed her, but no blood came; the wound was on the right shoulder slanting inwards.</p>
<persName id="t17770219-27-person289"> CHARLES LE MAGE
<interp inst="t17770219-27-person289" type="surname" value="LE MAGE"/>
<interp inst="t17770219-27-person289" type="given" value="CHARLES"/>
<interp inst="t17770219-27-person289" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a surgeon: upon Tuesday the 21st of January I was called upon to view the deceased; I did so; in the upper part of the collar bone I found a large wound, and by the direction of my probe I apprehend it penetrated into the cavity of the thorax or breast; I imagine the circulation of the blood was thereby soon stopped, and a suffocation ensued; it certainly had that effect; I compared the instrument with the wound, and it appears to me that is the instrument that caused her death.</p>
<p>Have you any doubt whether the wound was mortal and occasioned her death? - I imagine it was.</p>
<p>To GOSLER. You say the woman smiled at him before the justice; did it appear that she made use of abusive and scurrilous expressions to him? - No; they both spoke together at one time, but that was soon over; when silence was called.</p>
<p>Did she say any thing just before she went out? - No.</p>
<p>What countrywoman was she?</p>
<p>Prisoner. A French woman.</p>
<p>I am
<rs id="t17770219-27-deflabel128" type="occupation">cook to the Dutch embassador</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-27-defend283 t17770219-27-deflabel128"/>; I had made the deceased a present of 27 guineas; whilst I was out upon Sunday she robbed me of 40 guineas; I determined I would not live with her any longer; she spent the money she robbed me of in feasting at her own house; she must have my money, because she spent four guineas on the Saturday, and bought some stone buckles on the Saturday; when she was carried before the justice, I thought the justice did not do me the right I deserved, finding myself in a strange country where I had no friends nor relations, and the woman was not content with robbing me of my money, but abused me in a sad manner, and said at the justice's she hoped to see me without a shirt; there she used all the rascally words she could think; finding myself ruined that made me do the act I did.</p>
<p>To GOSLER. Whether from the manner
<xptr type="pageFacsimile" doc="177702190040"/> of the woman's behaviour it appeared to you that she did use the prisoner with all that scurrility he suggests? - There was some quick discourse between them at the first, afterwards that subsided, and when the woman was discharged she was going off perfectly quiet.</p>
<p>Prisoner. Mr. Gosler did not understand French, how could he know what she said?</p>
<p>COURT. Are either of the interpreters that were before the justice here?</p>
<p>DAVEY. No.</p>
<rs id="t17770219-27-verdict129" type="verdictDescription">
<interp inst="t17770219-27-verdict129" type="verdictCategory" value="guilty"/> GUILTY </rs>.
<rs id="t17770219-27-punish130" type="punishmentDescription">
<interp inst="t17770219-27-punish130" type="punishmentCategory" value="death"/>
<interp inst="t17770219-27-punish130" type="punishmentSubcategory" value="deathAndDissection"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-27-defend283 t17770219-27-punish130"/> Death </rs>.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice GOULD.</p>
<rs id="t17770219-27-punish131" type="punishmentDescription">
<interp inst="t17770219-27-punish131" type="punishmentCategory" value="death"/>
<interp inst="t17770219-27-punish131" type="punishmentSubcategory" value="executed"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-27-defend283 t17770219-27-punish131"/> The prisoner received sentence (this being Friday) to be hanged on the Monday following, and his body to be afterwards dissected and anatomized, which sentence was executed upon him </rs>.</p> </div1>
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<p>196, 197.
<persName id="t17770219-28-defend291" type="defendantName"> EDWARD HARRIS otherwise
<rs id="t17770219-28-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="t17770219-28-defend291 t17770219-28-alias-2"/>STEWARD</rs>
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<interp inst="t17770219-28-defend291" type="given" value="EDWARD"/>
<interp inst="t17770219-28-defend291" type="gender" value="male"/> </persName> and
<persName id="t17770219-28-defend293" type="defendantName"> JOSEPH COX
<interp inst="t17770219-28-defend293" type="surname" value="COX"/>
<interp inst="t17770219-28-defend293" type="given" value="JOSEPH"/>
<interp inst="t17770219-28-defend293" type="gender" value="male"/> </persName> were indicted for
<rs id="t17770219-28-off132" type="offenceDescription">
<interp inst="t17770219-28-off132" type="offenceCategory" value="theft"/>
<interp inst="t17770219-28-off132" type="offenceSubcategory" value="grandLarceny"/> stealing nine pair of linen sheets, value 20 s. a remnant of linen sheeting, value 6 d. a linen table-cloth, value 5 s. four linen shirts, value 10 s. two pair of linen shift sleeves, value 6 d. two muslin neckcloths, value 3 s. two muslin handkerchiefs, value 18 d. a silk handkerchief, value 1 s. seven child's linen caps, value 2 s. two child's linen frocks, value 2 s. a child's linen shift, value 6 d. and a child's linen pin cloth, value 2 d. </rs> the property of
<persName id="t17770219-28-victim295" type="victimName"> John Ward
<interp inst="t17770219-28-victim295" type="surname" value="Ward"/>
<interp inst="t17770219-28-victim295" type="given" value="John"/>
<interp inst="t17770219-28-victim295" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-28-off132 t17770219-28-victim295"/> </persName> ,
<rs id="t17770219-28-cd133" type="crimeDate">January 20th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-28-off132 t17770219-28-cd133"/>.</p>
<persName id="t17770219-28-person296"> JOHN WARD
<interp inst="t17770219-28-person296" type="surname" value="WARD"/>
<interp inst="t17770219-28-person296" type="given" value="JOHN"/>
<interp inst="t17770219-28-person296" type="gender" value="male"/> </persName> sworn.</p>
<p>On the 20th of January my wife and I went out to dinner; I had word sent me between 6 and 7 o'clock that my house was robbed; I went home immediately and found the two prisoners in custody; the things mentioned in the indictment were taken out of the drawers and put into a bag, but were not carried off.</p>
<persName id="t17770219-28-person297"> BENJAMIN THOMAS
<interp inst="t17770219-28-person297" type="surname" value="THOMAS"/>
<interp inst="t17770219-28-person297" type="given" value="BENJAMIN"/>
<interp inst="t17770219-28-person297" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a weaver: a shopmate of mine came in and said that three men were making an attempt to get into Mr. Ward's house; we went out and apprehended Cox walking under the window; we went up to the window and two men jumped out; we secured one of them, which was Harris; the other got off; we found nothing upon them; they left behind them a brown linen bag with a considerable quantity of linen in it.</p>
<persName id="t17770219-28-person298"> JOHN TURNER
<interp inst="t17770219-28-person298" type="surname" value="TURNER"/>
<interp inst="t17770219-28-person298" type="given" value="JOHN"/>
<interp inst="t17770219-28-person298" type="gender" value="male"/> </persName> sworn.</p>
<p>I saw Cox helping two men into Mr. Ward's window; I went and called some other men, and we took Cox under the window; two men jumped out of the window; we took Harris, the other made his escape.</p>
<persName id="t17770219-28-person299"> William Doughty
<interp inst="t17770219-28-person299" type="surname" value="Doughty"/>
<interp inst="t17770219-28-person299" type="given" value="William"/>
<interp inst="t17770219-28-person299" type="gender" value="male"/> </persName> who was present confirmed the evidence of the two last witnesses.</p>
<p>I was going on an errand to Coldbathfields; on Saffron hill I heard a cry of stop thief; I went to see what was the matter, and two men jumped out of a window and knocked me down; then a man came and laid hold of me, and said I was one that came out of the house.</p>
<p>COX's DEFENCE.</p>
<p>I was a going by, a man asked me to help him into the window; he said he had locked himself out; I took hold of his legs and helped him in; I know nothing of the matter.</p>
<p>Harris called four witnesses who gave him a good character.</p>
<rs id="t17770219-28-verdict134" type="verdictDescription">
<interp inst="t17770219-28-verdict134" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<rs id="t17770219-28-punish135" type="punishmentDescription">
<interp inst="t17770219-28-punish135" type="punishmentCategory" value="imprison"/>
<interp inst="t17770219-28-punish135" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-28-defend291 t17770219-28-punish135"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-28-defend293 t17770219-28-punish135"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
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<interp inst="t17770219-29" type="collection" value="BAILEY"/>
<interp inst="t17770219-29" type="year" value="1777"/>
<interp inst="t17770219-29" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-29" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-29-off136-c231" targOrder="Y" targets="t17770219-29-defend301 t17770219-29-off136 t17770219-29-verdict138"/>
<persName id="t17770219-29-defend301" type="defendantName"> THOMAS ROSS
<interp inst="t17770219-29-defend301" type="surname" value="ROSS"/>
<interp inst="t17770219-29-defend301" type="given" value="THOMAS"/>
<interp inst="t17770219-29-defend301" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-29-off136" type="offenceDescription">
<interp inst="t17770219-29-off136" type="offenceCategory" value="theft"/>
<interp inst="t17770219-29-off136" type="offenceSubcategory" value="burglary"/> burglariously breaking and entering the dwelling house of
<persName id="t17770219-29-victim303" type="victimName"> John Moore
<interp inst="t17770219-29-victim303" type="surname" value="Moore"/>
<interp inst="t17770219-29-victim303" type="given" value="John"/>
<interp inst="t17770219-29-victim303" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-29-off136 t17770219-29-victim303"/> </persName> on the
<rs id="t17770219-29-cd137" type="crimeDate">2d of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-29-off136 t17770219-29-cd137"/>, about the hour of six o'clock in the night, and stealing three linen table-cloths, value 2 s. a pair of linen sheets, value 2 s. and two linen waistcoats, value 2 s. the property of the said John in his dwelling-house </rs>.</p>
<p>The evidence was not sufficient to bring the charge home to the prisoner.</p>
<rs id="t17770219-29-verdict138" type="verdictDescription">
<interp inst="t17770219-29-verdict138" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p> </div1>
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<interp inst="t17770219-30" type="collection" value="BAILEY"/>
<interp inst="t17770219-30" type="year" value="1777"/>
<interp inst="t17770219-30" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-30" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-30-off139-c233" targOrder="Y" targets="t17770219-30-defend305 t17770219-30-off139 t17770219-30-verdict141"/>
<persName id="t17770219-30-defend305" type="defendantName"> REBECCA WAITES
<interp inst="t17770219-30-defend305" type="surname" value="WAITES"/>
<interp inst="t17770219-30-defend305" type="given" value="REBECCA"/>
<interp inst="t17770219-30-defend305" type="gender" value="female"/> </persName> was indicted for
<rs id="t17770219-30-off139" type="offenceDescription">
<interp inst="t17770219-30-off139" type="offenceCategory" value="theft"/>
<interp inst="t17770219-30-off139" type="offenceSubcategory" value="grandLarceny"/> stealing two cotton gowns, value 5 s. </rs> the property of
<persName id="t17770219-30-victim307" type="victimName"> Alexander Dove
<interp inst="t17770219-30-victim307" type="surname" value="Dove"/>
<interp inst="t17770219-30-victim307" type="given" value="Alexander"/>
<interp inst="t17770219-30-victim307" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17770219-30-off139 t17770219-30-victim307"/> </persName> ,
<rs id="t17770219-30-cd140" type="crimeDate">January 20th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-30-off139 t17770219-30-cd140"/>.</p>
<xptr type="pageFacsimile" doc="177702190041"/>
<persName id="t17770219-30-person308"> ANN DOVE
<interp inst="t17770219-30-person308" type="surname" value="DOVE"/>
<interp inst="t17770219-30-person308" type="given" value="ANN"/>
<interp inst="t17770219-30-person308" type="gender" value="female"/> </persName> sworn.</p>
<p>I am the wife of
<persName id="t17770219-30-person309"> Alexander Dove
<interp inst="t17770219-30-person309" type="surname" value="Dove"/>
<interp inst="t17770219-30-person309" type="given" value="Alexander"/>
<interp inst="t17770219-30-person309" type="gender" value="male"/> </persName> : the prisoner lay on Saturday and Sunday night at our house; on the Monday she went away, and on the Tuesday morning I missed two cotton gowns out of the chest; I got a warrant and put it into the hand of Chivers; he went and took the prisoner, and found a duplicate of the gowns in her pocket.</p>
<persName id="t17770219-30-person310"> JOHN CHIVERS
<interp inst="t17770219-30-person310" type="surname" value="CHIVERS"/>
<interp inst="t17770219-30-person310" type="given" value="JOHN"/>
<interp inst="t17770219-30-person310" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an officer: I took the prisoner; I found upon her a duplicate of one of the gowns; she told me where she had pawned it, and went with me; the prosecutrix afterwards promised to be favourable to her, if she would tell where the other gown was, but she would not.</p>
<persName id="t17770219-30-person311"> THOMAS ROLFE
<interp inst="t17770219-30-person311" type="surname" value="ROLFE"/>
<interp inst="t17770219-30-person311" type="given" value="THOMAS"/>
<interp inst="t17770219-30-person311" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a pawnbroker; I took in a cotton gown of the prisoner on the 20th of January last.</p>
<p>[It was produced in Court, and deposed to by the prosecutrix.]</p>
<p>The prosecutrix keeps a very bad house; I had the gown of her, and was to pay her 4 s. a week for it; being in want of money I pawned it.</p>
<rs id="t17770219-30-verdict141" type="verdictDescription">
<interp inst="t17770219-30-verdict141" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<rs id="t17770219-30-punish142" type="punishmentDescription">
<interp inst="t17770219-30-punish142" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-30-punish142" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-30-defend305 t17770219-30-punish142"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17770219-30-punish143" type="punishmentDescription">
<interp inst="t17770219-30-punish143" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-30-defend305 t17770219-30-punish143"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17770219-31">
<interp inst="t17770219-31" type="collection" value="BAILEY"/>
<interp inst="t17770219-31" type="year" value="1777"/>
<interp inst="t17770219-31" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-31" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-31-off144-c239" targOrder="Y" targets="t17770219-31-defend313 t17770219-31-off144 t17770219-31-verdict148"/>
<persName id="t17770219-31-defend313" type="defendantName"> WILLIAM ROBINSON
<interp inst="t17770219-31-defend313" type="surname" value="ROBINSON"/>
<interp inst="t17770219-31-defend313" type="given" value="WILLIAM"/>
<interp inst="t17770219-31-defend313" type="gender" value="male"/> </persName> was indicted for
<rs id="t17770219-31-off144" type="offenceDescription">
<interp inst="t17770219-31-off144" type="offenceCategory" value="theft"/>
<interp inst="t17770219-31-off144" type="offenceSubcategory" value="grandLarceny"/> stealing two worsted breeches pieces, value 12 s. five silk breeches pieces, value 5 l. two pair of silk hose, value 20 s. three pair of silk gloves, value 10 s. a pair of thread gloves, value 1 s. seven pair of worsted gloves, value 7 s. eight pair of cotton hose, value 16 s. two pair of thread hose, value 4 s. and eleven pair of worsted stuff, value 1 l. 2 s. </rs> the property of
<persName id="t17770219-31-victim315" type="victimName"> Richard March
<interp inst="t17770219-31-victim315" type="surname" value="March"/>
<interp inst="t17770219-31-victim315" type="given" value="Richard"/>
<interp inst="t17770219-31-victim315" type="gender" value="male"/> </persName> ,
<persName id="t17770219-31-victim317" type="victimName"> William Horton
<interp inst="t17770219-31-victim317" type="surname" value="Horton"/>
<interp inst="t17770219-31-victim317" type="given" value="William"/>
<interp inst="t17770219-31-victim317" type="gender" value="male"/> </persName> ,
<persName id="t17770219-31-victim319" type="victimName"> Robert Wright
<interp inst="t17770219-31-victim319" type="surname" value="Wright"/>
<interp inst="t17770219-31-victim319" type="given" value="Robert"/>
<interp inst="t17770219-31-victim319" type="gender" value="male"/> </persName> , and
<persName id="t17770219-31-victim321" type="victimName"> Richard Kemp
<interp inst="t17770219-31-victim321" type="surname" value="Kemp"/>
<interp inst="t17770219-31-victim321" type="given" value="Richard"/>
<interp inst="t17770219-31-victim321" type="gender" value="male"/> </persName> ,
<rs id="t17770219-31-cd145" type="crimeDate">February 15th</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-31-off144 t17770219-31-cd145"/>.</p>
<persName id="t17770219-31-person322"> RICHARD MARCH
<interp inst="t17770219-31-person322" type="surname" value="MARCH"/>
<interp inst="t17770219-31-person322" type="given" value="RICHARD"/>
<interp inst="t17770219-31-person322" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
<rs id="t17770219-31-viclabel146" type="occupation">hosier</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-31-victim315 t17770219-31-viclabel146"/>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-31-victim317 t17770219-31-viclabel146"/>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-31-victim319 t17770219-31-viclabel146"/>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-31-victim321 t17770219-31-viclabel146"/>, in partnership with
<persName id="t17770219-31-person323"> William Horton
<interp inst="t17770219-31-person323" type="surname" value="Horton"/>
<interp inst="t17770219-31-person323" type="given" value="William"/>
<interp inst="t17770219-31-person323" type="gender" value="male"/> </persName> ,
<persName id="t17770219-31-person324"> Robert Wright
<interp inst="t17770219-31-person324" type="surname" value="Wright"/>
<interp inst="t17770219-31-person324" type="given" value="Robert"/>
<interp inst="t17770219-31-person324" type="gender" value="male"/> </persName> , and
<persName id="t17770219-31-person325"> Richard Kemp
<interp inst="t17770219-31-person325" type="surname" value="Kemp"/>
<interp inst="t17770219-31-person325" type="given" value="Richard"/>
<interp inst="t17770219-31-person325" type="gender" value="male"/> </persName> : the prisoner was our
<rs id="t17770219-31-deflabel147" type="occupation">servant</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17770219-31-defend313 t17770219-31-deflabel147"/> two years; on the 14th of this month a Mr. Grammer asked me if we authorized our servants to sell goods for us; I told him, No; he said he had bought goods several times of the prisoner; I got a warrant and searched the lodgings of the prisoner; I found four pair of silk breeches, and two pair of silk hose there; they have our private marks on them.</p>
<p>[They were produced in Court, and deposed to by the prosecutor.]</p>
<persName id="t17770219-31-person326"> WILLIAM GRAMMER
<interp inst="t17770219-31-person326" type="surname" value="GRAMMER"/>
<interp inst="t17770219-31-person326" type="given" value="WILLIAM"/>
<interp inst="t17770219-31-person326" type="gender" value="male"/> </persName> sworn.</p>
<p>I bought four breeches pieces of the prisoner, which I have made up and sold; he brought me a piece of silk stocking which is mentioned in the indictment, and asked 24 s. for it; I bid him a guinea, which he took; I told him I wanted a piece for a waistcoat and breeches, and he brought it the next morning; he said he sold them by the authority of Mr. March, and that he could sell them cheaper than Mr. March could.</p>
<p>Mr. MARCH. I never gave him any authority.</p>
<p>I beg the mercy of the Court.</p>
<rs id="t17770219-31-verdict148" type="verdictDescription">
<interp inst="t17770219-31-verdict148" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
<rs id="t17770219-31-punish149" type="punishmentDescription">
<interp inst="t17770219-31-punish149" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17770219-31-punish149" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-31-defend313 t17770219-31-punish149"/>
<note>[Branding. See summary.]</note> </rs> </p>
<rs id="t17770219-31-punish150" type="punishmentDescription">
<interp inst="t17770219-31-punish150" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="t17770219-31-defend313 t17770219-31-punish150"/>
<note>[Imprisonment. See summary.]</note> </rs> </p> </div1>
<div1 type="trialAccount" id="t17770219-32">
<interp inst="t17770219-32" type="collection" value="BAILEY"/>
<interp inst="t17770219-32" type="year" value="1777"/>
<interp inst="t17770219-32" type="uri" value="sessionsPapers/17770219"/>
<interp inst="t17770219-32" type="date" value="17770219"/>
<join result="criminalCharge" id="t17770219-32-off151-c249" targOrder="Y" targets="t17770219-32-defend328 t17770219-32-off151 t17770219-32-verdict154"/>
<join result="criminalCharge" id="t17770219-32-off151-c250" targOrder="Y" targets="t17770219-32-defend330 t17770219-32-off151 t17770219-32-verdict154"/>
<p>201, 202.
<persName id="t17770219-32-defend328" type="defendantName"> JOSEPH ARONES
<interp inst="t17770219-32-defend328" type="surname" value="ARONES"/>
<interp inst="t17770219-32-defend328" type="given" value="JOSEPH"/>
<interp inst="t17770219-32-defend328" type="gender" value="male"/> </persName> and
<persName id="t17770219-32-defend330" type="defendantName"> SAMUEL NOAH
<interp inst="t17770219-32-defend330" type="surname" value="NOAH"/>
<interp inst="t17770219-32-defend330" type="given" value="SAMUEL"/>
<interp inst="t17770219-32-defend330" type="gender" value="male"/> </persName> were indicted for
<rs id="t17770219-32-off151" type="offenceDescription">
<interp inst="t17770219-32-off151" type="offenceCategory" value="deception"/>
<interp inst="t17770219-32-off151" type="offenceSubcategory" value="forgery"/> feloniously forging on the
<rs id="t17770219-32-cd152" type="crimeDate">1st of January</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17770219-32-off151 t17770219-32-cd152"/>, in the parish of
<placeName id="t17770219-32-crimeloc153">St. Michael, Cornhill</placeName>
<interp inst="t17770219-32-crimeloc153" type="placeName" value="St. Michael, Cornhill"/>
<interp inst="t17770219-32-crimeloc153" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17770219-32-off151 t17770219-32-crimeloc153"/>, a certain ticket, partly printed and partly written, with the name J. Boult thereunto subscribed, purporting to be a ticket made forth by virtue of an act of parliament made in the 16th year of his present majesty for establishing a lottery, and to have been signed by
<persName id="t17770219-32-person331"> John Boult
<interp inst="t17770219-32-person331" type="surname" value="Boult"/>
<interp inst="t17770219-32-person331" type="given" value="John"/>
<interp inst="t17770219-32-person331" type="gender" value="male"/> </persName> , then being one of the cashiers of the governor and company of the Bank of England </rs>, the tenor of which forged ticket is as followeth (that is to say)</p>
<p>Lottery, anno 1776.</p>
<p>No 25m590</p>
<p>'The bearer of this ticket will be intitled to</p>
<p>'such beneficial chance as shall belong thereto</p>
<p>'in the lottery to be drawn in pursuance of an</p>
<p>'act made in the sixteenth year of his majesty's</p>
<p>J. BOULT.'</p>
<p>with a fraudulent intention to sell and dispose of the same as a true and genuine ticket, against the statute.</p>
<xptr type="pageFacsimile" doc="177702190042"/>2d Count. For feloniously uttering as true to one
<persName id="t17770219-32-person332"> Philip Levy
<interp inst="t17770219-32-person332" type="surname" value="Levy"/>
<interp inst="t17770219-32-person332" type="given" value="Philip"/>
<interp inst="t17770219-32-person332" type="gender" value="male"/> </persName> , the same false, forged, and counterfeited ticket, knowing the same to be false, forged, and counterfeited, with the like intention, against the statute, &c.</p>
<p>3d Count. For feloniously uttering to
<persName id="t17770219-32-person333"> Eleazer Isaac Keyser
<interp inst="t17770219-32-person333" type="surname" value="Isaac Keyser"/>