Oyer and Terminor, and Goal-Delivery of Newgate, held for the CITY of London , and COUNTY of Middlesex, at Justice-Hall in the Old Bayly,
Wednesday, Thursday, and Friday being the 15th,16th, and 17th, of October,1718. In the Fifth Year of His MAJESTY's Reign .
BEfore the Right Hon. Sir WILLIAM LEWEN, Kt. Lord Mayor of the City of London; The Lord Chief Justice Pratt; Mr. Justice Tracy; and Mr. Baron Price ; The Worshipful John Roby , Esq; Deputy Recorder; and divers of his Majesty's Justices of the Peace for the City of London and County of Middlesex.
The Jurors Names were as followeth :
William Carter , of St. Michael Cornhil , was indicted for feloniously stealing a Silver Taster, value 30 s. a Silver Strainer, value 12 s. a Silver Spoon value 8 s. and other Goods, in the Ware-house of William Blackham , the 7th of October last. The Prosecutor depos'd, that finding his Shop broke, he found a Drawer had been broken open, and an Iron Pin lying by, which could hardly have been found but by some that were acquainted with the Place; that thereupon he suspected the Prisoner, and upon searching his Lodgings, found part of the Goods. The Prisoner pleaded that he going by the Shop, saw the Door not fast, and so did take the Goods. The Fact being plain, the Jury found him guilty of the Indictment.
ThomasMultus, alias Colethurst of Newington , was indicted for assaulting Thomas Philip , upon the Highway, and taking from him, a Cloth Coat value 2 s.6 d. a pair of Spurs value 2 s. and a Gelding value 20 l. the property of Matth.ew Lant , the 22d of September . The Prosecutor depos'd, that as he was riding near Pancras Wash ,he was met by two Men, one on Horseback, and the other on Foot, who stop'd him; and the Prisoner took off his Spurs, Boots,&c. and afterwards they bid him get off from his Horse, and the Prisoner's put on his Coat, got upon the Horse, and rode away. He could not Swear to the Prisoners Face; but when he was apprehended, he had the Prosecutors Coat on his Back, and a Spur, and other of his things in his Pocket. By other Evidences it did appear, that the Prosecutor crying our Highway-men, some Persons that happened as to be near, pursued the Prisoner, and he not being able to get off, quitted his Horse, and hid himself under some Brambles in a Ditch, and the Prosecutors Coat on his Back, the Spurs, Handkerchief,&c. found in his Coat Pocket; and the Horse was carried to the King's Head at Hampstead. The Prisoner deny'd the Fact, and said that his Brother was to go so a Fair to sell a Horse, he met him on the Road, and ask'd him to give him some Linnen; and that on the Road his Brother gave him the Coat and other things. But the Evidence being positive against the Prisoner, the Jury found him Guilty .
He was indicted a 2d time, together with Christopher Murphy , for assaulting Mr. David Sinclair , upon the Highway, and taking from him a Horse, value 6 l. the property of Thomas Cox , the 19th of September last. The Prosecutor depos'd that he was set upon between Kilburn and Paddington , by two Highway-men, who took his Horse from him, and left him another Horse, which was claimed afterwards by another Gentleman that had been robb'd, as was made appear by that other Gentleman. The Prosecutor would not Swear positively to the Prisoner, it being Night when he was robb'd; but a Note of 40 l. which was taken from the Prosecutor, was found in the Prisoners Coat Pocket when apprehended, which he would have accounted for, by saying he had the Coat of his Brother, who he said was a Highway-man. The Jury found him guilty of this Indictment likewise; and he receiv'd Sentence of Death . But as to Murphy he prov'd that he was an Actor in Southwark Fair , at the very time the Robbery was committed, so he was acquitted .
William Barton , of St. Mary White-Chappel , was indicted for picking the Pocket of John Bug , of a Handkerchief, value 1 s.2 d. the 30th of September last. The Fact being prov'd upon the Prisoner, he was found Guilty to the value of 10 d . Transportation .
Hannah Fetton of Norton Falgate , was indicted for stealing Goods value 1 l.3 s. in the Dwelling House of Francis P..tout the Evidence not being sufficient to Convict the Prisoner, she was acquitted .
Elizabeth King , of St. Margaret Westminster , was indicted for Marrying Joel Lockup , her first Husband John W being alive ; but the Evidence not appearing sufficient to Convict the Prisoner, she was acquitted .
Sarah Hays , Wife of Robert Hays was indicted for feloniously stealing 108 Yards of Camlet, value 6 l. in the Dwelling-House of Thomas Sharpless ; it appear'd that the Prisoner's Husband was Journey-man to the Prosecutor; and the Goods were stol'n and same of them were found reposited by the Prisoner. But the Evidence not being sufficient to Convict the Prisoner, she was acquitted .
Richard Otway , was indicted for a Misdemeanour in attempting to break the House of Matthew D.d with an intent to Steal , the Fact being plainly prov'd upon the Prisoner, he was found Guilty of the Misdemeanour and Sentenc'd to lye in Prison for 6 Months .
William Brown of the Parish of St. Mary Hill , was indicted for feloniously Stealing of 5 Flaxen Sheets, value 3 l. in the Dwelling-House of Edward Bagshaw , the 8th of August . But the Evidence not being sufficient to satisfie the Jury he Stole them, he was acquitted .
Christopher Fe.seu , of the Parish of St. Gregories , was indicted for feloniously stealing 20 Cane Chairs. value 6 l. the Goods of Thomas Bushels , the 26th of February last. It appear'd that the Prisoner was Servant to the Prosecutor, and that he had lost the Chairs at divers times. The Chief Evidence against the Prisoner was the Prosecutor's Apprentice , who own'd himself to have been concern'd in the Stealing them; and hid also run away from his Master. But there being no Evidence against the Prisoner, and the Master of the Prisoner, as well as several other Persons, giving him a good Character, the Jury acquitted him.
John Codby , of St. Anns Westminster , was indicted for feloniously stealing a Coach Harness, value 8 l. &c. the property of James Herbert , Esq; the 20th of July . The Prisoner produced Evidence that he fairly bought the Harness; whereupon the Jury acquitted him.
George Browne , of the Parish of St. Gregory , was indicted for feloniously stealing 18 Guineas, a Moidore, and 48 shillings in Silver , the property of Elizabeth Jones , the 8th of October . It appear'd by the Evidence, that the Prisoner was Porter at the Horn Tavern near Doctors Commons, where the Prosecutor was Cook; that he stole the Money and went away. The Prisoner did not deny the Fact, the Jury found him Guilty .
Hannah Hatley , of the Parish of Stepney , was indicted for stealing a Quilted Petticoat value 7 s. the Goods of James Mosely , in the Dwelling-House of Thomas Ingelsby , the 4th of October last. The Prisoner pleaded the Petticoat was bought of the Prosecutor when she was Drunk; it did not appear improbable, the Jury acquitted her.
Joseph Shanon and Elizabeth George , were indicted for assaulting James Martin on the King's Highway. and feloniously taking from him a Hat, value 10 s. the 9th of September last. Elizabeth George was indicted a second time for stealing a Wig, value 5 l. the property of the said James Martin. The Prosecutor depos'd that as he was walking through St. James's Park , near the end of the Canal over against the Horse Guards , between 7 and 8 a Clock on the Night aforesaid; two Soldiers and a Woman came up to him, and the Soldier jostled him, whereupon he said to them what's the Matter, can't you see your way, to which the Prisoner Elizabeth George reply'd,'Sh - d do you assau't my Husband, and without any more words the Prisoner Shannon drew his Sword, cut him cross the Forehead; by which blow he was lay'd open to the Skull and tell to the Ground, the Soldier there cutting at him, giving him another Wound on the Wrist, and another on the Hand; which had in all probability cut off one or more of his Fingers, but that the Edge of the Sword struck upon a Diamond Ring with that violence that the Sword broke in half; and the same time cut out the great Diamond, which was lost; and that he had in all probability Murther'd had not Major for her immediately come to his Assistance, and Captain Beseaux, who apprehended the two Prisoners; but his Hat was lost. Captain Beseaux confirm'd what the Prosecutor had said, and that he going along with Captain Martin, and being near to him when the Assault was given, turning and seeing the Soldier cutting at him, said what are you doing but received to Answer but a Cut on the side of his Mouth ; that he therupon calling to the Centry, a Soldier came to their Assistance, and Major Forster coming up, they seized the two Prisoners but one of the Soldiers got away. Major Forster depos'd, that as he was going through the Park, he heard a Noise, and making up to it, there saw the Prisoner draw his Sword, and cutting at the Prosecutor, while he lay on the Ground, and heard his Sword break, upon which he lay'd hold of him; but he breaking from him, they all ran away; but the two Prisoners being pursued, were taken, the other Soldier escaped, it being Dark; that the Prisoner was then in his Accoutrements . and upon the Tils-Yard Duty at the time that he did the Fact. The Soldier that came to their Assistance deposed, that he hearing an Out-cry, went to the Gentlemens Assistance, and they carried the Gentlemen and two Prisoners into the Guard Room and that he having Mr. Martins Wig under his Arm, and assaulting in washing his Wounds with Brandy, Elizabeth George took the Wig from under his Arm, and opening the Guard Room Door. ran away with it, but he persued and took her. The Prisoners had nothing material to say in their Defence, but it not being prov'd that either of them had the Prosecutors Hat, they were acquitted of that Robbery; but Elizabeth George was found Guilty of stealing the Wig. Transportation . Joseph Shannon , was indicted a second time for an Assault upon Mr. Joseph Martin , which being plainly prov'd by the former Evidence, he was found Guilty of that Indictment, and Sentenc'd to lye in Prison 12 Months .
John Colealias William Cranfield , of St. Bottolph Aldgate , was indicted for assaulting, Margaret Slade upon the Highway, and taking from her a Pocket, a pair of Silver Buckles, value 3 s. a Guinea and 17 s.6 d. in Money , the 27th of September last. The Prosecutor deposed, that coming from Iron Gate, at Tower-hill over, against the Victualling Office , she having a Child in her Arms, the Prisoner came up to her, and endeavoured to throw the Child out of her Arms over her Shoulder, at which she being very much affrighted, call'd out, and in the interim of her Fright he pulled off her Pocket, and was running away, but some Persons coming immediately to her Assistance, he was apprehended. Thomas Richards deposed, that as he was standing at his Masters Door, and hearing the Woman cry out, he ran to her Assistance, as also did some other Persons; and when he saw himself Surrounded, that he could not escape, he threw down the Pocket, saying, D - n you for a Bitch, there's your Pocket, what would you have. This was confirm'd by other Evidences, and one that knew him, having taken him on the like occasion about two Years before. The Prisoner deny'd having the Pocket, but said, he hearing a cry of Murther, ran to see what was the matter, and so was seiz d. The Jury found him Guilty , and he received Sentence of Death .
Roger Johnson , of St. Clement Danes , was indicted for feloniously stealing 7 pair of Silk Stockings, value 5 l. the property of Arthur Emmerson , the 13th of this present October . It appear'd by the Evidence, that there came a Person from the Prisoner to the Prosecutors Shop, telling his Servant that he must bring half a doz n pair of Black Silk Stockings to one Captain Smith in Norfolk-Street, accordingly the Servant put up 7 Pair, and went along with the Man, who conducted him to the Prisoner, he open'd them, and said, but you have brought no White Stockings, and would have had him left the Stockings, with him, and gone back to fetch some, but he scrupling to do that, he desired him to leave them at an Apothecaries, which he did, and while he was gone home to fetch the white Stockings, the Prisoner comes to the Apothecary, pretending to be very careful that they were laid safe,
Francis Bolanson , of St. Andrews Holbourn , was indicted for the Murther of her Male Bastard Child, by throwing it into a House of Office , the 14th of August last. It appear'd by the Evidence, that the Prisoner being suspected to have been deliver'd of a Child, was search'd by a Midwife, to whom she own'd it, and told what she had done with it; and it was found in a Vault as she had directed. But nothing could be seen on it whether it had been hurt or not, nor whether it came at its fulltime, it having lay'n there 5 or 6 Weeks. The Prisoner in her Defence pleaded that she having been very much affrighted at the extraordinary Thunder and Lightning, fell very Ill of a Feaver and Measles, and that her Fright and Illness she did believe occasion'd the Death of the Child within her; for she did not feel it stir for some considerable time before its Birth, and that she came 6 Weeks before her time, it being Still-born, and in the time of her Illness; she brought Evidences to prove her Illness, and also that she had made Provision for the Child; upon which the Jury acquitted her.
Thomas Wiggans , of St. Giles in the Fields , was indicted for stealing a Pocket, value 1 d. a Common-Prayer Book, value 5 d. a Handkerchief value 6 d. and 11 Pence in Half-pence, from the Person of Hannah Harding , the 14th of September last. The Prosecutor depos'd, that as she was going along Great Queen-street , on Sunday about 7 or 8 in the Evening, her Pocket,&c. was pull'd from her, and that she crying out, the Prisoner was pursued and taken, and the things found upon him. The Prisoner deny'd the Fact. But it being plainly prov'd the Jury found him guilty of the Indictment; and he received Sentence of Death .
Charles Johns and Sarah his Wife , of the Parish of Kensington , were indicted for feloniously stealing a Hat value 8 s. and a Handkerchief value 3 s. from the Person of John Jones , the 15th of June last; but it appearing to be rather a Quarrel than a Robbery, they were acquitted .
Peter Steps , of St. Giles's Cripplegate , was indicted for breaking the House of John Taylor , and stealing divers Goods to the value of 8 l. the 4th of June last. The Prosecutor deposed he lost the Goods, and one Henry Wiseman deposed, that himself, the Prisoner and two others did the Fact, by taking down the Glass over the Shop-Door and reaching out the Goods with a Hook at the end of a Stick. The Prisoner being known to be an old Offender, the Jury found him guilty of the Felony, but acquitted him of the Burglary . Transportation .
Ann King , Mary Kendal and Sarah Dean , of St. Andrew's Holbourn , were indicted for breaking open the Chambers of Elias Meridith the 18th of July last, and stealing divers Goods and a Pocket-book, value 10 s. wherein was a Note of 75 l. payable to the Prosecutor . It appeared that the Prosecutor's Chambers had been broken open and the Goods stolen and the Note advertised. in the News, and that about a Month after the Prisoners were discovered to have the Pocket-book and Note, by Sarah Dean, shewing it before one who carried word to Messieurs Mead and Brightland, who had given the Note; whereupon the Cashier went to demand it, offering half a Guineas Reward but the Prisoners refus'd to let him have it without paying four Guineas, which was the first Demand but afterwards they came down to 40 s. Sarah Dean was a Dumb Woman, who signified by Signs that she found the Pocket book and Note in the Street; and Ann King affirmed she was by her when she took it up; and several Evidences deposed that she shewed it very publickly presently after she found it, and did intimate she would have it cry'd by a Cryer: Several appeared who give her a good Character for a very honest Creature, whereupon they were all acquitted .
Sarah Brown alias Giles , and William Awdley , of the Parish of St. Dunstan's Stepney were indicted for the Murther of Nathaniel Asser , and robbing him of a Purse and ten Guineas, two Gold Rings,&c. the 28th of June last. Stephen Awdley deposed, that on Saturday the 28th of June last, about seven a Clock in the evening, as he was Walking with one David Seal near White Chapel Church, the Prisoner Will. Awdley who is his Brother, came to him, and pulling him by the Shave took him aside, and told him that in such a place in the Fields it there was a Man lay dead in a Dit . who had been murther'd by a Bitch, upon which no ask'd him how he knew it: that he answer'd, that the Woman having first ask'd him if he would stand true, then told him of it. He then ask'd him if he knew the Woman; and he reply'd Yes. That then he and his Friend went to see, and searching about found the Deceased lying with his Head back, his Mouth open, and his Legs drawn up: That than he went and discovered it to some Persons at Make-End : Whereupon the Body was carried to a House, and his Pockets being Searched, a Pocket-book was found, by some Notes in which they found his Name was Nathaniel Asser : he then left Direction's in Writing where he and his Friend might be found if need should be; and when sent for produced his Brother Will. Awadley to give a farther Account to the ury . Oliver Fen posed that himself, the Prisoner William Awdley , and one Polemony and Ralph Emmery (the two last not yet taken) having been drinking all the Forenoon, went into Sale-Petre-Bank ; and having been up all Night before a pilfering and drinking, were sleepy, and went out about two in the Afternoon into the Fields to step where they met the Prisoner Sarah Brown, who told them there was a Gentleman with two Rings on his Finger that was asleep in such a Ditch. That she had been sitting by him, but he had taken no notice of her: that then they went, and Polemony went to him and pulled off his two Rings and that the Gentleman pull'd in his Hand; that then Will. Awdley took up two large pieces of Brick and threw at him, one of which hit him on the side of the Hand, and the other on the Side; that Sarah Brown took out of his Pocket a Green Purse and Eight or Ten Guineas in it; that Ralph Emmery took a Pocket-Book out of his Pocket, and a quarter of a Pound of Coffee, which he put in again, saying they were quere: that then they went away to a House in Salt-Petre-Bank again, and Polcrony gave him one of the Rings to pawn, which he left with a Person not yet taken: that they went afterwards and drank all together at a House at Salt-Petre Bank and Sarah Brown made an Excuse out, pretending to go to the Necessary House, and so eloped, and carried the Money with her, so that he had no share of it. Other Evidences deposed, that when the Coroner and Jury Sat upon the Deceased, that William Awdley being produced by the means of his Brother, did there upon Examination own that he had thrown two Brick-bats at the Deceased, one of which hit him on the side, and the other on the side of the Head. The Surgeon deposed, that he found several Bruises and Contusions about the Deceased, as tho he had been beaten very much and tho' there was no external Wound, yet opening his Head near the Temporal Muscles, he found a quantity of coagulated Blood, and did believe that that was the cause of his Death. The Prisoners both don'd the Fact, and Awdley pleaded that he knew nothing of the matter that he was indeed drinking that Forenoon with Oliver Fen, and Palcrony, and Ralph Emmery , and did go into the Fields, but that he and Ralph Emmery layd down to sleep in the first Field, but Oliver Fen and Polcreny would go farther toward Stepney, and that he heard that Oliver Fen and Polcrony had m rare blow (as they term'd it) of a Hat and two Rings, and he went to the Ale-house at Salt-Petre-Bank, to demand his own Hat, Supposing they had stollen it, for he had lost it while he was asleep. Sarah Brown produced Persons who indeavour'd to prove she was at their Houses at Salt-Peter-Bank that Day, from 11 in the Forenoon till 1 the next Morning; but did not do it to the satisfaction of the Jury, and Oliver Fen telling the Court that the Husband of one of her
Alice Thomas alias Adams , of the Parish of Stepney , was indicted for Feloniously stealing divers wearing Apparel, value 3 l.10 s. in the Dwelling House of John Humphreys the 25th of July last. She was indicted a 2d time for stealing divers wearing Apparel, in the Dwelling House of William Jordon the 13th of September last, the facts being plainly prov'd, the Jury found her guilty to the value of 39 s. upon each Indictment . Transportation .
Joseph Dickinson , of St. Pauls Shadwell , was indicted for breaking the House of Andrew Smith , and stealing 30 Silk Handkerchiefs. value 45 s. and 8 Neckcloths, value 8 s. the 9th of November 1716 . The Evidence against the Prisoner was one Edward Ash , who deposed, that himself, the Prisoner, and Ralph Emmery , otherwise called Bandy-legg'd Doctor; broke the House, stole the Goods, and sold them for 26 s. to one Bradbury in Rosemary-Lane , but there being no corroborating Evidence to confirm what Edward Ash deposed, he was acquitted .
Barnet Egan , of St. Michaels Cornhill , was indicted for feloniously stealing 2 brass Tops, from the Coach of Richard Mead , the 20th of September last: The fact being plainly proved upon the Prisoner be was found guilty . Transportation .
Edward Robinson was indicted for feloniously stealing a grey Mare, value 5 l. the property of John Jackson , the 25th of September last: He was indicted 2d time for stealing a black Mare, value 7 l. the property of James Cony , the 25th of September ; the Prisoner owned the fact, was found guilty , and received Sentence of Death .
Robert Edwards , of the Parish of St. James's Westminster , was indicted for breaking the House of Ann Leverson , and stealing a Pack of Cards, value 6 d. and 3 s. in Money , the 1st. of August last; but for want of sufficient proof was acquitted .
Sarah Johns , of St. Clements Danes , was indicted for stealing 4 Pound of Candles, and other things of small value, in the Dwelling-House of Joseph Wase , the 15th of September last, but the proof not being sufficient she was acquitted .
Sarah Maynard , of the Parish of Stepney , was indicted for stealing a Pewter Pot, value 1 s. the Property of William Hambley , the 15th of October , but no body appearing against her she was acquitted .
Thomas Davis of Stepney was indicted for counterfeiting the current Coyn of the Kingdom, and making 20 pieces in the Likeness and of Shillings . Martha Masden , deposed, that the Prisoner Mrs. Reynolds and Sherwin sent her out to buy a pound of Block Tin, and a Crucible, and she mistaking the name, and asking for a Crucifix, the People laugh'd at her, but she could not get a Crucible, but did buy a quarter of a Pound of Block Tin, and gave 3 d. for it, and was found fault with for giving no more for it, for that they said they always gave 16 pence per pound for what they used; that after they had Supt they went to work, melted the Metal in a Fire-Shovel, and she blow'd the Fire, and the Prisoner and another Woman made the Mold and the Money, which was 12 s. that they had not a Shilling that was plain enough, and they sent her about to Several places to get a plain one, and sent me to pawn a Riding-hood for that purpose, which she did. That he told her he would teach her for a small matter, and that she did cast one Shilling, and when she had so done, he told her now she had done enough to be burnt, if she discover'd it. that she did then design to make as much as came to 20 l. and then leave off; but her Heart fail'd her, and she went and discover'd it. Another Evidence deposed that when he went to search the Prisoner's Room he found a Wooden Mold and some Black Tin, and asking the Prisoner when he did coyn for, he said for his fancy; and that same of the Neighbours asking him concerning it, he said he never made but one Shilling. The Prisoner deny'd the Fact, and said the Wooden Mold did belong to a Brother that was lately dead and called his Mother who did affirm the same, that it was what he had made use of to cast Chuckers in. That as to the Block Tin it was what he used in his Business, he being a Surgeon using the Guiney Trade. That as to Martha Masdon , she was a very ill Woman, and accused him out of spite, because they had borrow'd some Money and jointly given a Note for it, and she would have had her Name scratcht out of the Note, which because she did not get done, she threatned to be revenged on him. He called Evidencs to prove several of these Circumstances and also called several Persons to his Reputation. The Jury considering the matter acquitted him.
John Oldfield alias Oley , of the Parish of Fulham , was indicted for breaking the House of Edward Plumridge on the 10th of April last at Night, and stealing divers Goods to a considerable value . Mary Plumridge deposed, that the House was broken through, and a Window, that there were four of them who did it; that two Men came to her Bedside with Pistols, threatning to shoot her if she did not discover where her Father's Money lay; broke open several Locks in her Room, and took what they pleased; she telling them she did not know of any Money, they went away to Search in other Rooms, threatning her that if they found any Money they would certainly kill her. Then they went into the Maid's Chamber and broke several Locks there, took what they pleas'd, and threatned her if she made any Noise they would murther her. then they went into her Father's Room, an ancient Man of Fourscore Years of Age, and threatned him to make him discover where he had any Money, and fired a Pistol at him which discharged a Buffer through a Flannel which was wrapp'd round her Father's Head, and though it did not go through his Head, yet it hurt his Forehead and fetch'd some Blood: that then one of them came into her Chamber again, and took her Pocket which hung by the Bed side, wherein was about 19 s. and put it in his Pocket: that after they had been in the House about two Hours they went away, carrying with them what they thought fit: But she being in a Fright could not swear positively the Prisoner was one of them. Ann Connor deposed, that two Women lodg'd in her House, to whom Patrick White and Matthew Hunt used to come, and owing her some Money, and she urging them to pay her, they desired her to be patient telling her there was an old Man lived at Hammersmith where was only his Daughter and the Maid in his House, that he had a great deal of Money, and they were to go thither, and would soon pay her, saying there was another or two to meet them: to which she reply'd then perhaps they'd be taken and hang'd: That the next Morning about ten a-Clock, a Sack was brought in by the other Men and the Prisoner full of divers sorts of Goods, several of which she saw, and two Silver Spoons and a Cup which was given her to sell to pay her her Debt, which she did sell; that the Spoons were marked with the first Letters of the Prosecutor's Name, one of which she got from the Goldsmith again, and was produc'd in court, and owned by the Prosecutor, as was the Sack the Goods were in, and some other things: That when they were in the Room (the Prisoner being present) she heard one of them say, how hardy the old Dog was that would not tell where his Money lay, though we shot at him. That she not knowing where the Robbery was committed, goes to Covent-Garden Marker, and upon enquiry found out where the Prosecutor liv'd and gave him notice. The Prisoner call'd several Evidences to prove that he being a Grenadier was then upon Guard at the very time that the Robbery was committed, but the Evidence not satisfying the Jury they acquitted him of the Burglary, but found him guilty of Felony . The bringing of the Goods to Conners House, and the Prisoners being one of them was confirm'd also by another Evidence. Transportation .
Anthony s , was indicted for robbing on the Highway, and taking two Shillings from a Person unknown , the 1st of October last. One Gibbs deposed, that as he was driving a Load of Straw over Hounslow-heath ,
Ann Moor , of St. Botolph Aldgate , was indicted for feloniously stealing 2 Muslin Aprons, value 3 s.10 d.1 Muslin Window Curtain, value 30 s. the Goods of Robert Brown , from Mary Harris , the 17th of September last. The Prosecutor deposed that the Prisoner had been with her, and agreed with her to teach her to Clear Stearch, but she not coming according as she expected; leaving some business in Fenchurch-street, went to the Prisoners Lodging near Mark-lane , and having some very rich Muslin Aprons and Curtains in a Band-box, open'd them to shew the Prisoner, who having view'd them, help'd her to double them up, and as she was folding up one of the Curtains at the further side of the Room, she saw the Prisoner put her Hand into the Box, and coming to the Box to put in the Window Curtains, it being Duskish, and she thinking the Box was lighter than it should be, ask'd the Prisoner for the Aprons, who reply'd she had put them into the Bottom of the Box; she believing her, ty'd up the Box, and going from thence to a Milliners, and opening the Box, two Aprons and one of the Window Curtains were missing; whereupon she went next Morning to demand them, but the Prisoner deny'd that they were there. The Prisoner own'd she had view'd the Aprons,&c. as the Prosecutor had Sworn but said she put them into the Box her Self. Some Persons appear'd who gave her a good Character, so the Jury acquitted her.
Elizabeth Waters , of St. Giles Cripplegate , was indicted for feloniously stealing a Silver Spoon, value 7 s. the property of Joseph Jones , the 17th of August last. But the Evidence not being sufficient, she was acquitted .
Thomas Heath , Gent. was indicted for the Murther of Samuel Cook , Gent , the 19th of September last, by giving him one mortal Wound with a Sword under the left Pap. of which he languish'd till the 10th and then dy'd . The Evidence for the King deposed as followeth. Mr. William Rutton deposed that the deceased's Brother, Col. Burslow , Capt. Fletcher, the Deceas'd, Mr. Heath and himself, had been Drinking together in a very Friendly manner at the Red-lion-Tavern in Richmond ; and being engag'd in Conversation , it was mov'd by some of the Company several times, that it was proper to break up, for that it grew late, and the Deceased, Mr. Heath and himself being to go to Istle worth,'twas thought it would be difficult to get passage over the Water, but the Deceased reply'd he could do well-enough as to that, for being known to the Ferry-man , he could easily procure a passage. They staid till past 11 a Clock, then going down to the Ferry, the Ferry-man was gone to Bed, upon which the Deceas'd told his Name, but the Ferry-man made them wait about half an Hour; that upon saying a Shilling they went over, and landed in a very Friendly manner, and were walking to Istleworth, on the Path near the River side ; and as they were passing along, and discoursing concerning their Passage over, the Deceas'd said that a Shilling was little enough, to which Mr. Heath reply'd it was so, provided it had been done readily, and they had not been obliged to wait so long, that the Deceas'd upon this took occasion to grow Warm, and Angry, and clapt his Hand to his Sword, but he (this Witness) holding him by the left Arm prevented him, tho' he attempted it several times; but all the while he did not perceive Mr. Heath attempts to draw, or meddle with his Sword. But the Deceas'd at last growing so unruly and resolure, that he could not well hold him he let him go, and being by that time come near the Houses, walked before, but had not gone but a small Distance, before he heard the Clashing of Swords, upon which he immediately turned back, and when he came up to the Prisoner and Deceased, found them about 20 Yards distant from the Foot Path, and the Deceased fallen, and Mr. Heath helping him up. That then hearing some Men in a Boat, they called to them, and having gotten him into the Boat, he was carried to the Coffee House at Istleworth, whither he and Mr. Heath, and one of the Watermen walked, and not being able to get a Bed, they laid him upon the Watermen's Tilts , and Cushions before the Kitchen Fire, and a Surgeon being immediately sent for, took care of him, and that the Deceased said to Mr. Heath, Tom, I am afraid thou hast Kill'd me, but I freely forgive thee; Mr. Health reply'd he hoped not. He likewise added, that there had always been an intire Friendship between Mr. Heath and the Deceased and an, intimate familiarity , and never the least misunderstanding that he knew of, nor no just Provocation given by Mr. Heath at the time of this unhappy Accident. Bryan Cabe deposed, that he and his Partner rose about 12 a Clock that Night to go a Fishing,(they being Fishermen) and that being in their Boat, they heard some Gentlemen discoursing about the Ferry and a Shiiling, they thinking they might want to go over the Water, made towards them, and being come near the Bank, they heard the Clashing of Swords; upon which they called out what are you doing there, Killing one another, and was answer'd we hope not; but they heard a Person Groan, and presently the Gentlemen called to them to come, and desired them to take the wounded Gentlemen into their Boat, and carry him to the Coffee-House at Istleworth; that they made answer, they would come provided they would lay by their Swords, but said perhaps if we take the wounded Gentleman into the Boat, you will go away, and we shall have a dead Man to take care of; But they replying, they would not, they took him in, and would have had Mr. Heath have gone with them, but he refused, saying, he was Wounded, and was afraid he should take Cold, but he would walk and meet them at the Coffee-House; that thereupon his Mate walk'd with him, and himself Rowed the Deceased to Istleworth; and by the way, ask'd him if he thought he was mortally wounded, to which he reply'd, he knew not; but if he was, he freely forgave him that did it. That when he came to Istleworth, Mr. Heath and Mr. Rutton came down, and they carried the Deceased to the Coffee-House, where Heath expressed a great deal of Concern for him, and Care and Tenderness of him, tending on him, frequently asking him how he did, what he would have,&c. and that the Deceased desired him to be easy, said he wanted nothing, perswaded him and Mr. Rutton to go to Bed. Bonas Willis the other Fisherman, confirmed what the former Evidence had said, adding that when they required them to lay by their Swords, Mr. Rutton took up the Deceased's Sword off the Ground, and sticking it into the Ground broke it; and that Mr. Heath went along with him to the Coffee-House, that he never attempted to go away, which he might have done if he had pleased, but sent him for a Surgeon, and was very careful of the Deceased, and refused to let the Surgeon meddle with his Wounds till he had dressed the Deceased, often looking upon him, and carefully observing whether he spit any Blood orHenry Packs , the Surgeon deposed that he being called by the last Evidence, went to the Coffee-House, just as the Clock struck one, but the Deceased not being then brought from the Boat, he walk'd toward the Water-side as they were bringing him up, and they not being able to procure a Bed, laid him on some Chairs, and afterwards on some Tilts and Cushions before the Fire, and dress'd his Wound, but did not then dare to Probe and Dilate it; that Mr. Heath shew'd a very great concern for the Deceas'd, and much Affection and Tenderness towards him; and tho' he was Wounded in both Arms, refus'd to be dress'd till after he had dress'd the Deceas'd; which he having done, did afterwards dress Mr. Heath of two Wounds, one quite through his left Arm; and the other under his right Arm near the Arm-Pir, that Mr. Heath sent to Richmond to the Deceased's Brother, who when he came, said to his Brother the Deceas'd, in the name of God Sam , how came this Misfortune? To which he reply'd he did not know; but several times desired his Brother if he dy'd not to Prosecute. He added, that they having gotten him into Bed, he search'd his Wound, and found it had penecrated the Abdoman ; and thereupon told them, that he apprehended it might be Mortal. His Brother sent for another Surgeon; and all proper means was used, but he dy'd the next Morning.
Mr. Heath in his Defence exprest to the Court a great concern for the Deceased, said that his Death was a great Affiction to him, that there had been a long acquaintance and intimacy between them, that he had ferv'd him upon all Occasions, and there never had been any Difference between them, till this Fatal time; of which he gave this Relation, that she Deceased , Mr. Rutton, and himself, returning from Richmond to Istleworth, they met the Deceased's Brother, Col. Barston , and Capt. Flescher,(who were just come from London) and went back with them to Richmond, to the Red-Lion-Tavern, and stay'd there longer than they intended; that Mr. Rutton several times express'd some concern about getting over the Ferry. The Deceased often reply'd, he need not trouble himself about that, for the Ferryman knew him, and would carry him over at any time. That the Tavern Boy lighted them to the Water-side. It was long before the Ferry-man would answer and consent to carry them over. The Deceased named his Name to him, but he would not know him; at length with much entreaty , he suffer'd his Boy to carry them over for a Shilling. That the Deceased seemed displeased at the Ferry-man's want of respect towards him. That after they were Landed, and walking toward Istleworth, Mr. Rutton said he was glad they had gotten over the Ferry, altho' they had so much trouble about it; to which himself reply'd, Ay, so was he, but those Ferry-men were surly Fellows, and knew no body at that time of Night without Money. The Deceased grew Angry, and said the Fellow deserv'd a Shilling, to which he reply'd so he did and more, if he had not made them wait so long on the Shore to make his Bargain. The Deceased said it was a Foolish thing to Dispute about it; was Angry, offer'd to draw his Sword several times; which Mr. Ruttan prevented; that they walk'd on, he following the Deceased, and Mr. Rutton at about the distance of 3 or 4 Yards, and would have explain'd what had been said, as not intending any Offence; that the Deceased's Anger encreasing after Mr. Ruttan left him, he told the Deceased, he hoped he would be of another Mind after he had Slept. He reply'd no, I shall not, and if you say I am Drunk you lye; and immediately drew his Sword, and pressing hard upon Mr. Heath, and endeavouring to close with him, received his Wound, and fell; and that he himself received a Wounds from the Deceased,1 of them quite through his left Arm; and had no way to save his Life, but by drawing his Sword to defend it. He had a great many Gentlemen, who appeared to speak as to his Behaviour and Temper. Those who were called, being well known to the Court, gave him the Character of a Peaceable, inoffensive Gentleman. The Jury upon hearing that whole matter, brought in their Verdict Manslaughter .
William Robinson , was indicted for a Misdemeanour, in attempting to break the House of David Furn , with an intent to Steal . The fact being plainly prov'd, the Jury found him Guilty ; and he was Sentenced to be Imprisoned for 6 Months .
-, of St Giles in the Fields , was indicted for feloniously stealing divers pieces of Plate, value 20 l. and 6 Guineas, the property of Eleanor Holebrook , in the Dwelling-House of Joel Lobb , the 1st of October last. The Prosecutor deposed, that while she was abroad, her Chamber was broken open, and the Goods Stollen; and that being informed that a Person was seen to come down Stairs, whose Person being described, the description answered to the Prisoner. Thomas Crossfield and Henry Lobb deposed, that they saw a Man come down the Stairs with some things within the Bosom of his Coat, and did verily believe it to be the Prisoner; Lobb having known him before, when he used formerly to come to the Prosecutor. The Prisoner produced several Evidences, who gave an account from time to time where he was, so that it did not appear very probable that he committed the Fact; upon hearing the whole matter, the Jury acquitted him.
, of Chelsea , Gent. was indicted for the Murther of George Jenkinson , by giving him one mortal Wound with a Sword of the breadth of a quarter of an Inch and the Depth of Four Inches , the 22d of September last. The Evidence for the King deposed as follows: Mary Plat deposed that Mr. T - came home about 7 a Clock that Night, went to Support with the Family about 8 read Prayers in the Family about half an Hour after Nine, and went to Bed about Ten, as also did she and the rest of the Family, leaving the Footman below Stairs, who lay in the Kitchin, that about two or three Hours after the Footman came up and knocking at her Chamber-Door desired her to let him have a Candle; accordingly she arose, struck a Light, and gave him a Candle asking him what he wanted it for; to which he answered, for Mr. T - and he to look about the House, he being apprehensive that he had heard Thieves about the House; she therefore having given him the Candle, shut her Chamber-Door last after him, being afraid, the House having been attempted to be broken open once or twice before. Joseph Lewis the Footman deposed, that he lying in the Kitchen for the Security of the House, heard as he thought, somebody about it, trample on the Gravel Walk in the Garden, just under the Window where he lay; upon which he listning diligently for above a quarter of an Hour, and being confirmed in his Suspicion; be having been ordered by his Mistress, if he heard any thing of that Nature, to go up and acquaint Mr. T -, accordingly he did, telling him he did believe there were Thieves about the House; that Mr. T - thereupon asked him whether he was sure of it, to which he answered, he was; who thereupon bid him go to the Maid and get a Candle, which he did, and Mr. T - Mose, put on his Night Gown and Slippers, taking his Sword in his Hand; and he saying to Mr. T -, I have nothing in my Hand for a Defence, he bid him get a Club; but he reply'd there were two Pistols in Mr. T -'s Chamber, tho' not Charged; they went and took each of them one, and went down Stairs, and having looked about the House, and finding no body got in, they opened the Door, and went out, and saw the Deceased standing about 20 Yards from that end of the Garden, who seeing Mr. T - come out, made off, and Mr. T - thinking him to be a Thief that had attempted the House, follow'd him with his Sword and Pistol in his Hand;
Mr. Johnson the Surgeon deposed, that the Footman came to him, and told him Mr. T - desir'd him to come and take care of the Deceased, that he did come, and he being gotten to Bed, he dress'd his Wound, which was on the side of his left Pap; but he did not Speak, and so going away, desired that if he Spoke, that the People would come and tell him, and he would come again and apply proper means to help him; but the next news he heard he was Dead.
The Witnesses all agreed that Mr. T - shew'd a very great concern and care for the Deceased's welfare, tho' he was not sensible but that he was a Robber as he took him to be. Mr. T - in his defence gave the same account that had been given by the Evidences for the King, adding that he seeing the Deceased run away upon seeing of him, was fully persuded he was the Person whom the Footman had heard about the House; thereupon taking him for a Robber, he pursued him, and following him to the corner of a Street, where he seemed to turn up, and tho' he might easily have escaped, he turned suddenly upon him, and tho' he caution'd him to keep off, telling him he suspected him to be a Thief, yet he Swore violently at him, clos'd in with him, caught hold of his Pistol, and endeavoured to wrest it out of his Hand; and in the Scuffle some way received the Wound, by pressing upon him, without any design of his, or so much as knowing he was Wounded. He called divers Gentlemen of Distinction and Reputation to his Character, who all gave him the Character of a very Civil, inoffensive Gentleman, never inclining to Quarrels or Passion; but of such Affability as rendred his Conversation desirable, both by Superiours and Inferiours, And the Reverend Doctor King , Minister of the Parish, gave him the Character of a Young Gentleman very exemplary for Sobriety, coolness of Temper, Courtesy and Piety. The Jury upon bearing the whole matter, brought in their Verdict Manslaughter .
The Tryals being over, the Court proceeded to give Judgement as followeth:
Received Sentence of Death,9.
To be Transported,9.
Burnt in the Hand,2.
The First and Second volumes of Remarkable Tryals, Behaviour and Dying Speeches, of notorious Malefactors, having met with so kind a Reception by the Publick, as to carry off the First Impression: There is in the Press and will speadily be Publish'd, the Third and Fourth Volumes, being a continuation of them down to this present Year,1718.
Which will contain as follows.
THE Adventures Tryals Behaviour and Dying Speeches of the German Princess, Jack-fall the Chimney Sweeper, Richard Low , Stephen Bance , Joseph Montisano , Deborah Charchill , Thomas Iorrot , Thomas Sutton , William Maw , Andrew Baynes , Charles Weymouth , Kit Dickson , William Gibson , Tony Gery , John Lullom , Rodery Andery , John Awdery , Samuel Awdery and Mary Awdery 3- Macknammar and - Douaghu, and many other Notorions Offenders, pick Pockets and House-Breachers; Richard Royston the Rich Beggar, William Helloway , Patrick Harlay , Andrew Harpet , James Goodmen and Heavy Powel, and many other Remarkable Highway-. William Williams , Matthew Chessey and Thomas Smith for Robbing the Mail; James Nallar , James Calcon , Web Rawllor, Gabriel Half and Elizabeth Rawlins , for the Mathew of Hamson in the Farthing Pye Field, John Bowen for the Marthes of William Smith , John Barna for the Marther of Ann Edgebrook , in Ratcliff-High-Way and cutting ber in Pieces; Alice Hall for Poisoning Parish Children, for Killing Sir Cholmley Dearsag, Charles Dean and John Cronch , for the Murder of John Stone at Shipperton, Grace Trip for Murdering Madam Bhoodel, the Lord Turrington's House-Keeper, Elizabeth Mason , for Poisoning her Mistress, Joseph Phillips , for cutting the Throat of a Day of Six Years of Age, William Holloway and Jane Howaden , for Killing Mr. Spurling, the Turnkey of Newgate, ColonelCharles Goslin and John Shaw , Watermen for Murdering a Man in their Boat, Richard Keel and William Lowther , for the Murder of one of the Keepers of Clerkenwell Bridewel, Joyce Hodges , for Murdering her Husband, Henry nket , for cutting his Friends' Throat, at giving him a Visit, Richard and Mary Field , for Murdering the Pipe-makers Wife at Oxbridge, Esq; Parkhurst for killing Count Pleura, William Staples for Shooting his Wives Gallant, William White , John Thurland and Thomas Chapman , for the Murder of Madam Knapp. Joseph Cocterel , for Killing Esq; Carpenter's Mas, John Tempkins , for Murdering his Fellow Servant, Richard Gristich , for cutting off his Fellow Servants Head, and Barying him in a Danghill, John Sweethones , for a Murther and Robery at Aston , John Mounsiours for the Murder of Mr. Hemingaul, Mary Price , for Murdering her Sister-in-Law, Mary Jastley , for the Murthers of a Woman and her Child at Branford, the Marquess de Paleotti, for Killing his Man Nicolo, and several other Remarkable Marthers. Captain Smith, Captain Oobreel , Thomas Peacock , Robert Tipping , James Edwards &c. for Pyracy. Thomas Ruffel Hugh Leeson , Sarah Blandford ,&c. for Rapes. Daniel Dianaree , Francis Willis , George Purchase , for pulling down Dr. Burges's Mr. Bradbury's,&c. Meeting-Houses; Sir Mark Cole , Robert Squib , Hugh Jones , John Reading and Dermot for Mubocking , Cotton and Warren, for a Riot on the 28th of May, Robert Casey , for a Riot and Murder, Pye, Harvey, Stringer, Tyler and Canon, for a Riot; Thomas Bean , George Purchase , John Love , Richard price and Nsth, for pulling down the Mug-House, in Salisbury-Court, James Beaves , William Eldridge , Hester Stibs and Eleanor Hornby , for a Riot in C-lebrating Tho: Beans Burial; Robert Read , for Shooting Daniel Vanghan , Captain of the Mob. Robert Boacher ,&c. for Sodony , Town the Tallow-Chandier, for defranding his Creditors, William alias Humburg Skelson Beanmore, and Thomas Jacobs , alias Morris, for forging Betten Testimonial , in order to procure Ordination. Thomas Panton for Filling Gistness. Evidence Poller for Cheating, John Panton , Car and Lewis Barbanjano ,&c. Gold Changers. Two Gypses for Seducing a Servant to Robber Master. Lewis Amand de la Cour. John Bournoiz, William Colethurst , Henry Whitehead a Cleargyman, for Reditional and Treasonable Words, Jasper Arnold ; for tearing the Register of St. Andrew Holbown. Two Grave Diggers for Digging up and Selling the Dead. Joseph Sullivan , Robert Whitty and Felix O Hara , for Listing Mos for the Prectender . Francis Francia , James Shepward , Ec. for High Treason, Lawerence Homes, George Hint , for Writing Treasonable Libets, Isage Dustan, and Mary for Publishing the Shift Shifted, Etc. Edward Dalton a Sw and many other Remarkable Tryals, too many to be Jefested hent.
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