Oyer and Terminer, and Goal-Delivery of Newgate, held for the CITY of London, and COUNTY of Middlesex, at Justice-Hall in the Old Bayly,
Wednesday, Thursday, Friday, and Saturday, being the 25th, 26th, 27th, and 28th of February, 1718. In the Fifth Year of His MAJESTY's Reign.
BEfore the Right Hon. Sir JOHN WARD , Kt. Lord Mayor of the City of London; Mr. Justice Powts , Mr. Justice Dormer, John Raby , Esq; Deputy Recorder; and several of his Majesty's Justices of the Peace for the City of London, and County of Middlesex.
The Jurors Names were as followeth:
The Proceedings were as followeth:
James Cringe , of St. Mary White-Chappel , was indicted for breaking open the House of Henry Mason , and taking thence a Flitch and half of Bacon and 150 Eggs, the Goods of the said Henry Mason on the third of February last. The Prosecutor deposed that he hearing a Noise about one a clock, rose, and found his House broke open, and that the Prisoner was taken a Hours after with the Goods. The Constable deposed, that Seeing a Light in a Shed, he went to it, and there found the Prisoner and two more with him cleaning the Bacon; they run up Stairs, and two of them jumpt out at the Window and got off, but the Prisoner was taken and confess'd where he stole it. He likewise own'd in Court that he stood by and saw the House broke open, but did not break it. The Jury brought him in Guilty of Felony only . Transportation .
William Spurgin , and Mary Stiles , of St. Dunstan at Stepney , were indicted the former for stealing a Flaxen Sheet, a Holland Smock and other Linnen to the value of 20 s. and Mary Stiles for receiving the same knowing them to be stole. It appear'd that Spurgin took the Goods out of the Garden where they were drying, and that Stiles was to give him a Crown for them, and bought a Peck of Coals to dry them by. The Jury found them Guilty to the value of 10 d. Transportation .
James Spurgin , was indicted for Felony and Burglary in breaking open the House of Mary Fletcher , and taking thence a Camblet Coat 2 pair of Plush Breeches 23 Coats and Waistcoats,&c . The Prosecutor deposed that between 4 and 5 in the Morning a Man came and knockt at her Door, and ask'd if she had lost any Goods, whereupon she went with him to the Watch-house, (where the prisoner was and had the Coat and a pair of Breeches on him) and own'd her Goods. There being no proof of the Burglary the Jury acquitted him of that, and brought him in Guilty of Felony only , Transportation .
John Dickson and Robert Killison of St. Magnus by London Bridge , were indicted for stealing 42 l. of Sugar out of the Warehouse of Richard Shepherd , on the 28th of January last; Richard Giles deposed, that going toward Fresh Wharf he met Dickson with an Apron of Sugar, which he let fill and ran away ; but was follow'd and taken by the Evidence. Joseph Brown deposed, that he hearing the Disturbance went into the Warehouse, and there saw Killison in the Gutter on the Warehouse, with an Apron of Sugar, which he then owned he took out of the Warehouse : Two other Evidences deposed they saw the Sugar, and the Hole where the prisoners got in. Kilson in his Defence said he found it on the Stairs. and hearing the Evidence coming up put it in the Gutter; and Dickson said he found it on the Ground coming along the Waterside. The Jury found them both Guilty . Death .
Daniel Richardson and John Green of the Parish of Christ-Church , were indicted for privately stealing 2 Silver Buckles, out of the Shop of Samuel Gatliff the 18th of February last. The prosecutor deposed the prisoners came to his Shop, and that Richardson wanted to see some Buckles, which he shewed him, but he went away without buying any, leaving his Whip, which Green called him to come back for ; but they went away, and he presently mist his Buckles, and followed and overtook them at Milk-Street, where he took them into a Shop, one of the Buckles was dropt at the Shop-door near Richardson, which was swore to by the prosecutor. Benj Sweetman deposed that coming by Milk-Street, and hearing a Noise he went to see what was the matter, that he saw the Buckles dropt , but there being a Crowd he could not be positive that Richardson dropt it, though it lay by him: It appear'd that Richardson was the only person that handled the Buckles , and tho' there were two left only one was found Richardson pleaded that he was drinking with Green at the eg in Newgate-street ; who ask'd him to go with him to a Goldsmiths to buy a pair of Buckles, because he understood the Weight better than himself, Green acknowledg'd the drinking
Gilbert Wilson , of St. Dunstan's in the East , was indicted for stealing 30 Fathom of Tow-Line, value 3 l. the 9th of February last. The Prisoner came aboard the Hoy and took the Goods; and perceiving himself discover'd would have thrown it overboar'd, but it hetcht in the Boat and encangled it so that he could not get away, so he was taken about 7 or 8 Rods from the Hoy with the Goods: He had nothing to say for himself, and had confest it before the Justice, whereupon the Jury found him Guilty to the value of 10 d. Transportation .
Gilbert Wilson and Peter Johnson of St. Brides was indicted for stealing 40 fathom of Cable Rope, and 50 fathom of small Rope , the Goods of John Brown , the 6th of February last. John Brown deposed, that he being in a Lime Shop heard the Hoy-Boy cry out stop Thief, whereupon he seiz'd Peter Johnson, who accus'd Gilbert Wilson . Sam Lloyd deposed he saw Wilson shoving tho Boat to the Hoy, out of which they took the Goods; the Goods were found in the Boat at the Hoy stern, and one of the Prisoners in it. The Prisoners accused each other of the Fact, and had little to say so: themselves the Jury found them Guilty . Transportation .
Jane Scott , alias Holloway , Ann Pierce and Sarah Scott of St. Clements Danes , were indicted for feloniously stealing a piece of Stuff value 29s out of the Shop of Edward Sayers on the 13th of February last. A Neighbour of Mr. Sayers deposed, that as she sat in her Shop she saw the the prisoners go by, and knowing them to be old Shoplisters followed them , and saw Ann Pierce and Sarah Scott go into the prosecutors Shop and Holloway stand at the Door. The prosecutor lost a piece of Yard wide Tammy, which was found upon Holloway . The Fact was very plain and the Jury found them all Guilty to the value of 4 s 10d. each. Transportation .
Mary Parrot , of St. Clements Danes was indicted for stealing a pair of Ear-rings with Bristol Stones , value 3 s. in the Shop of John Bedford , the 11th of February last. The Prosecutor deposed the Prisgner came to his Shop to cheapen a pair of Scissors, and ask'd to see some small Ear-Rings, that she took two pair up together in her Left Hand, and said she had rather give 13 or 14 s. for a pair set in Gold than 3 s. for those in Brass. That he mist the Ear-rings before she went out of the Shop, and found them in the Head of her Riding-Hood which lay on the Compter. The prisoner denyed the Fact, and called several to her Reputation, who gave her a very good Character. The Jury acquitted her.
Richard Chamberlain , of St. Sepulchres , was indicted for stealing from Francis Collier on the Highway a pair of Leather Bags, wherein were a Shirt,2 Cravats, 2 Handkerchief, and other things the 15th of January last. The prosecutor deposed that riding down Snow-hill he lost the Goods mention'd in the Indictment, from behind him. Another deposed, that coming out of St. Sepulchres Church porch he saw one Samuel Devis cut the Bags from off the prisoners Horse and give them to Chamberlain, who was taken with them on his Arm. Another Evidence deposed that coming up Snow-hill he met the former , and that when they came to the Chymists, where there was a Light, they seiz'd them Arm in Arm, and that the prisoner had the Bags. The prosecutor swore to the Bags. The prisoner said that he knew nothing of the Robbery, and that he found the Bags by the Church porch in the dry: But the Jury not believing him found him Guilty . Death
Sarah Brunt and James Fern , of St. Paul's Covent Garden were indicted Sarah Brunt for stealing certain Camblet , Shagreen, and other Goods to the value of 29 l. from Andrew Thompson the 20th of January last, and James Fern as Accessary for receiving the same, knowing them to be stolen . It appear'd that Sarah Brunt had been a Servant to the prosecutor 3 Months and that he missing some Shagreen had a Suspicion of her and warn'd her away; soon after she was gone be mist his Goods, and upon search found to the Value of 3 or 4 l. in Brunt's Custody and the rest in Fer's Lodging, (they passing for Man and Wife) and where they had pawn'd them; some of them made, up in Apparel and others in parcels; Ferk had a Wastcoat and Breeches on him. Brunts's Confession before the Justices was read in Court wherein she acknowledge the whole matter, and upon her Tryal took it all upon her self, saying that she told Fern she was brought up to buy and sell, and bought she said Goods cheap, and that he knew nothing of her stealing them. Ferm in his Defence pleaded the same, and several persons of Distinction appear'd to his Reputation, who gave him a very good Character. Upon the Whole the Jury acquitted him, and found Sarah Brunt guilty of the Indictment. Death
James Thompson , (a Boy about 15 Years old) of St. Mildred Poultry , was indicted for stealing a Perriwig value 10 s. from the Person of John Mays , the 10th of February last. The Prosecutor depos'd, that as he was going by Stocks Market with the Wig in his Pocket, there were 2 Coach-men fighting, and he stoping to see what was the Matter heard some body cry out Pick-pockets, which made him think of his Wig, and seeling for it he mist it. Jonathan Wild deposed that seeing the Mob run . he thought he should find some of his loose Customers, and going up found the Prisoner and another Boy together , he saw the Prisoner take the Perriwig out of his own Bosom, and was putting it into the other Boy's whereupon he took them both; the Boy had 2 Handkerchiefs found upon him, but there being none to prosecute him he was dicharg'd, and Mays bound to prosecute the Prisoner, the Perriwig was produc'd in Court and swore to by the Prosecutor. The Prisoner denied that he pickt his Pocket, and said he found it on the G Mr. Wild said he did not know the Prisoner, but the Boy whose Bosom he was putting the Wig into was a notorious Pick-pocket. The Jury brought him in Guilty to the value of 10 d. Transportation
Thomas Reeves , of St. Giles Cripplegate , was indicted for breaking open the House of Rebecca Essings and taking thence 2 Table Cloths 3 Flaxen Sheets 8 Holland Shifts ,2 Holland Shirts,10 Holland Aprons, Towels, &c. to the value of 7 l. 5 s. but the Evidence not being sufficient he was acquitted .
Sarah Kingsbury and Thomas Danger , of White Fryers Precinct , were indicted for breaking open the House of Richard Cadwalader on the 25th of January last in the Night time, and stealing thence 39 Guineas and 7 l. in Money . The Prosecutor depos'd that his House was broken open the Night aforesaid, that the Casement, was shut when they went to Bed but that they found the Lead opened from the Bottom of the Casement, which was taken off the Hooks and put into the next Yard, Mrs Cadwolader deposed that hearing a Noise the suspected Thieves were broke into the House so was going into the Room where the Money, &c. was, but found that the Door was bolted on the inside; that when she got into the Room she found the Closet Broken open and the Lock of the Drawers likewise, and that they lost between 40 and 50 Pound, and the Drawer wherein it was. That they took up the Prisoner Sarah Kingsbury who had been their Servant on suspicion, she own'd that she help'd a Boy over the Wall into the Yard to open and get in at the Window to rob the House, and that he brought her 20 Guineas and a Handful of Silver, that she gave him 3 Guineas, and that she bought a Gold Necklace and two Gold Rings, which when taken she offer'd to her Mistress, saying here's part of the Goods I bought with your Money; that the Boy was her Husband, whom she came acquainted with at a Dancing School in Drury-Lane . Her Confession which she made and sign'd before the Justice was read in Court. The Jury brought her in Guilty , Death . but no Evidence appearing against Danger he was acquitted .
Thomas Bailiff , of St. John at Wapping , was indicted for stealing a Holland sheet value 8 s. the 26th of January from Samuel Batt . He came to the Prosecutors House, lay there that Night, stole the sheet the next Morning and pawned it in Rag Fair, as he own'd upon his Tryal. The Jury found him Guilty to the value of 10 d. Transportation .
Thomas Bates , of the Parish of St. Dunstan in the East , was indicted for feloniously stealing a Hand-Saw,7 Planes, a Jointer, 3 Chissels, and other Tools , the Goods of Thomas Smith , on the 20th of January last. It appear'd that the Prisoner was the Prosecutor's Journeyman , and took the Goods, which upon search were found in the Prisoner's House, which he own'd when taken; and did not deny on his Tryal; but pleaded in excuse that he only took them to do a Job, and intended to return them; tho' he had them 2 Days in his Custody before they were found. He call'd several to his Reputation. The Jury considering the whole Matter brought him in Guilty to the value of 10 d. Transportation .
James Jones , of St. Giles Cripplegate , was indicted for stealing 3 yards of printed Linnen value 5 s. from the Shop-bulk of Henry Bailey the 22d of January last, The Prosecutor's Servant deposed that he saw the Prisoner slip the Goods off the Bulk where it was hung out, and endeavoured to put it into his Bosom; but on his following him he threw it down and ran away; but the Evidence followed and took him. The Prisoner denied the Fact; and said, that as he was going up Golden Lane to enquire for a certain Person the Witness took hold of him; but this Excuse did not avail him, so the Jury brought him in Guilty to the Value of 10 d. Transportation .
Thomas Wright , of St. Stephens Coleman-Street , was indicted for privately stealing 40 Pound of Bacon , value 14 s. out of the Shop of Samuel Halsey , the 17th of January last. The Prosecutor's Servant deposed that he saw the Prisoner come into his Master's Shop and take a Flitch of Bacon, that he followed and seiz'd him, and tho he was tript up by him yet held him till Help came. Another Evidence deposed that he saw the former run after the Prisoner, and asking what was the matter, was told the Prisoner had stole a Flitch of Bacon; that the other Evidence had hold of him and the Bacon lay by. When the Prisoner was carried to the Compter, they found upon him a Pocket Pistol charg'd with a Slug, Prim'd, and Cock'd, the Pistol and Slug were produc'd in Court. The Prisoner in his Defence said that he was a Fellmonger and had been at Stepney to pay 3 l. and took the Pistol with him for his safety , and had endeavour'd no Mischief with it, and that coming by the Prosecutor's Boy laid hold of him; but he had no Witness of this, neither had he any to his Reputation, The Jury found him Guilty , Death .
Elizabeth Smith , of St. Dionis Backchurch , was indicted for privately stealing 3 pair of Worsted Stockings, value 8 s. from the Shop of John Hart , the 9th of February last. The Prosecutor depos'd that the Prisoner came to cheapen Stockings, and bought a pair; that he perceiving the Glimpse of a pair under her Clothes suspected her and afterwards saw her drap them; a Neighbour who seeing a bustle in his Shop came to his Assistance, deposed he saw the Stockings taken up, which were produc'd in Court, and swore to; It appear'd likewise that the Prosecutor had been tamper'd with to make it up. The Prisoner deny'd the Fact. Said the bought one pair and paid him 4 s. for them, that she liv'd in Credit, her Husband being Lieutenant of a Man of War. She call'd one to her Reputation who had known her three Quarters of a Year, and bought Brandy of her, and never heard any ill of her. The Jury considering the whole matter brought her in Guilty to the value of 10 d. Transportation .
Joseph Page , of St. Giles's Cripplegate , was indicted for feloniously stealing from Steward Dormer 2 Holland Sheets value 8 s. 6 d. a Night Cap, Napkin,&c . the 10th of February last. The Prosecutor deposed that the Prisoner came to his House to drink Pale Ale, and sent for a Person whom the Prosecutor knew to be a civil honest Man, but he was not at Home; that while he was drinking and talking he ask'd whether he could not lye there that Night; which the Prosecutor out of respect to the Person he sent for readily consented to; he set and drank a while, and then went to Bed. The Prosecutor hearing a rumbling above in the Prisoners Room the next Morning, rose, and as he open'd his Chamber Door met the Prisoner coming down Stairs, who went out. The Prosecutors Sister deposed, that when she went up to make the Bed, she found the Room very foul and nasty,(the Prisoner having been drunk over Night) and mist the Sheets off the Bed. Three Days after they found the Prisoner at Shoreditch, who confess'd where he had sold the Sheets. The Broker depos'd he bought 2 pair, and gave 8 s. for one, that he bought them of the Prisoner; the Prosecutor own'd one pair of them. The Prisoner having nothing to say in his Defence the Jury found him Guilty of Felony. Transportation .
Thomas Draper and Samuel Davis , of St. Botolphs Aldersgate , were indicted for breaking open the House of Frances Higham in the Night-time, and taking thence 117 yards of printed Linnen, 25 yards of printed Callicoe, &c. on the 10th of February last, the Goods of Mr. Blackbeard . The Prosecutor depos'd his Shop was secure at 12 at Night and broke open between 4 and 5 in the Morning, and the Goods gone, and that he found the Pin of his Bar in the Kennel, Esther Watson depos'd the Prisoners came to her to sell the Goods, and she went with them to Mrs Turner's in St. John's Lane, where she gave them 7 l. for them and left them there; and went and acquainted Jonathan Wild that she could make a Discovery of some Persons boring Window Shutters; he ask'd her what Evidence she had against them, she said sufficient; she her self had bought the Goods of the Prisoners. Jonathan Wild deposed that by Ester Watson's Information be apprehended the Prisoners playing at Cards. William Cryer deposed that himself , the Prisoners and John Walker (who made his Escape ) committed the Fact after the following manner they got upon the Bulk , took out 2 pains of Glass, bent the Lead, by which means they had room to unlock the Pin of the Bar, which they threw into the Kennel , took down 2 Shutters, then enter'd and took the Goods; that the Prisoners were both present and assisted in breaking open the Shop and Carrying off the Goods, that their Design was to have clear'd the Shop, but hearing the Watchman beating his Rounds they made off with their Booty, which they sold to Esther Watson for 7 l. dividing it amongst them, that they had 34 s. a piece and spent the rest. The Goods were produc'd in Court, had the Prosecutors Mark, and were swore to by him and his Servant; and by Watson to be the same she bought of the Prisoners. There were a Chissels and a large Piercer which were found upon them shown in Court. The Prisoners denied the Fact, and objected against the Evidence of Mr. Wild, Watson and Cryer; but that did not avail, they being both old Oftenders the Jury found them Guilty . Death
Isaac Smith , of St. Botolph Bishopsgate , was indicted for the Murther of Elizabeth his Wife , by giving her one mortal Wound on the Left part of her Body near the Back bone, of the length of one Inch and the depth of four Inches on the 21st of January last, of which she languished till the first of February, and then died . He was also indicted upon the Coroner's Inquest for the same. William Cadwallader deposed that the Prisoner came up Stairs in his House in Old Bedlam where he was at work, with Bread in his Hand, his Wife Elizabeth Smith being there a washing, he ask'd her for some Victuals and some strong Drink; she told him that she had but a Farthing in her Pocket, and that would not buy a Pint of strong Drink but that he might go to Mrs. Ward's and there have what he wanted; he said he would not go there because she always talk'd to him of what he did not care to hear; and would have had her go; but she said she could not leave her Washing; then Mr. Cadwalader told him if he would eat such as he had he should be welcom to it, and reach'd him out his Cheese, and a Knife; that the Prisoner called his Wife Bitch and Toad and such like Names, bidding her go to her Clarkenwell Crew ; that she should not work for her Pride, and he go like a Vagabond ; &c. she bid him be gon, and if he would not go down she would set him down; upon which he run at her, and with the Knife he had in his Hand gave her the aforesaid Wound; and she fell down, crying out. I am kill'd. I am kill'd, for the Blood runs out, pray come and Help . That then Mr. Cadwalladar went and took her up, and said to the Prisoner, you wished
Elizabeth Stiff and John Beal , were indicted for stealing 34 yards of Ribbon value 16 s. on the 4 th of February last. Aaron Harding deposed the Prisoners came to his Shop and bought 2 yards of Ribbon, and went away; and when they were gone he mist his Goods; but going after them was inform'd which way they went, and overtook the Man, and carrying him along they met the Woman coming out of a Chandlers Shop where she had been to buy Cheese, with the Cheese and her Riding hood in her Lap , though she had it on when she went to the Prosecutors Shop, but he suspecting her buying of Cheese was only a pretence, went in, and searching found 2 pieces of Ribbon in the Chandlers Shop behind the Door, which he own'd She confessed it before the Justice, which Confession was read in Court. The Evidence not reaching the Man, he was acquitted , and she found Guilty to the value of 4 s.10 d. Transportation .
Mary Walker , of St. Olave Silver-street , was indicted for stealing a Silver Spoon out of the House of John King , the 22 d of October last. Mary Wenham deposed the Prisoner came to her Master's House, and ask'd if he'd buy any waste Paper they went into the Kitchen near the Fire, and the Prisoner pulling out some Money dropt a Half-peny which she stoopt for and took up, and as soon as the Prisoner was gone she mist the Spoon, which she was sure was over the Chimney-piece, and concluded the Prisoner must take it while she stoopt for the half-penny, she hearing the Candle-sticks ring at that Juncture. The Prisoner denyed the Fact, and the Evidence not being sufficient the Jury acquitted her.
Christopher Banister , of St. Botolph Aldgate , was indicted for Assaulting Dorothy Thompson on the High-way, putting her into a bodily fear and taking from her a Muslin Hood value 4 s. 10 d. the 21st. of January last, about 10 a Clock at Night . The Prosecutor deposed that as she was coming out of the Court where she lives in the Minories , the Prisoner catch'd her by the Throat, and said he'd throttle her: but she crying out, a young Man came to her Assistance, whereupon the Prisoner snatch'd her Hood off her Head and ran away with it. She was positive the Prisoner was the Person, and had on a Lac'd Hat and white Cloak, that she saw him plainly by the Light of two Lamps (one on each side the Door) and knew him, he having liv'd some time in the same street. The Prisoner deny'd the Fact, and pleaded in his Defence, that about fourteen Months ago he lent the Prisoner I l. I s. 6 d. for which he had a Note under her Hand (and produced a Note in Court) and that he arrested her a Month ago for the Money, which was the Occasion of this Prosecution. He called one Mrs Boom to prove it, who swore that the Prosecutor told her the Prisoner had arrested her, but that there was a Hoopt Petticoat stole, and she would swear it against him; she further deposed that the Prosecutor was a Woman of the Town, and that the House she lived in had been reputed a Bawdy-House above half a year. He likewise called one Mr. Domes to discredit the Prosecutor, who did not; but gave him a very ill Character, and said that they had some trouble to rout him out of the Neighbourhood, being afraid of being robb'd by him every Night. The Prosecutor denyed the Note, or that she ever gave him one, or ever had any dealings with him. She also called one Mrs. Meal to her Reputation, who said she was a very Civil industnious Woman and made Perriwig-Calls for her Livelyhood, which she sold to the Barbers and Perriwig-makers, and that she lived in a private House of good Repute. The Justice deposed that he owned he affaulted her and said that he would make Satisfaction, and then swear against her and so be even with her. That he was a bold audacious Fellow, held up his Fist against him, called him Sirrah, and Swore he would be revenged of him. The Constable likewise deposed that he enquir'd af her in the Neighbourhood, and found a good Character of her; and that the Prisoner would have agreed it up both before and after they went before the Justice. The Jury found him Guilty . Death .
Arnold Reynolds , of St. Michael's Queenhith , was indicted for feloniously stealing 128 pound of Soap, value 50 s. on the third of February last. It appeared that the Prisoner took the Soap out of a large Boat at Queenhith , and rowed off; but in his taking the Goods he wak'd the Waterman that had it in his Charge, who got up immediately, and with two others went after him in another Boat, and took him and the Goods on one of the Sterlings at London Bridge .
He was a Second time indicted for feloniously stealing a Horse-man's Coat at the same time and place, out of the Windsor-Row-Barge , the Goods of Joseph Snapes . The Coat was found by the former Evidences in the Prisoners Boat, and swore to by the Prosecutor. The Prisoner denyed the taking of either; but had nothing else to say in his Defence . The Jury found him guilty of both Indictmen's. Transportation .
Samuel Walter , of St. Andrew Undershaft , was indicted for stealing a Trunk, in which were 32 s. in Money, 2 Shirts 2 pair of Sleeves 2 pair of Breeches, a Seal ,&c. the Goods of Anthony Isherwood , out of the House of Thomas Chamberlain , on the 5th of November last. The Prosecutor deposed, that having been Sick, he took in the Prisoner to help his under Ostler, and that the Prisoner went away without giving any Notice, and the Goods were inised William Gibson deposed the Prisoner brought the Trunk to his House and carry'd it up stairs, Saying his Master and he had some Words, and therefore he came away; and that he saw him take the Money out. That 2 or 3 Days after the Mistress's Apprentice came there and told how they had been robb'd. Upon this Discovery he owned the Fact and begged of'em not to hurt him. He confesed it also before the Justice, and had now nothing to say in his Defence. The Jury found him Guilty Death .
William Wilson , of St. Michael Cornhill , was indicted for robbing Ambrose Walford of a Purse value a Penny, 19 Guineas, and 1 s. in Silver in the House of Richard Guy the 12th of February last. It appear'd by the Evidence that the Prosecutor was come to Town upon Business, and being willing to satisfy his Curiosity in viewing the Publick Buildings &c. went to the Royal Exchange , and having gratified his Eye with that fine Structure and the Effegies of the Kings and Queens there, as he was returning Home, met with the Prisoner in Cornhill, who looking upon him, said sure he should know him, and ask'd him what Country-man he was; he answered him Essex , near Colchester; the Prisoner reply'd he was his Country-man born at Colchester, and named several Persons whom he knew there; that he was very glad to see him, and would needs take a Glass of Wine with him; and being so near they went to the Swan-Tavern , where they were shewn a Room, and as soon as their Wine was brought there came a Gentleman, who after having beg'd Pardon for disturbing them, pretended to have been in the same Room just before, and missing his Pocket Book came to see if he had not dropt it there: not that it was of very great Consequence, there being nothing of value in it but a Bill of 40 l. They were very ready to look for the Pocket Book, which was soon found, with the Bill in it, just by the Prosecutor's Feet; they were very glad the Gentleman had found it; and he seem'd to be mightily rejoyc'd at his good Luck; and said if they were not engag'd in private Business he should be glad to joyn Company with them, but however he would be his Pint. The Prisoner told him that they had no great Business; that he was his Country-man whom he had not seen a long while, and were come to drink a Glass of Wine together and talk of their old Acquaintance. After drinking a Glafs or two about a Pack of Cards was found, and the Gentleman shewed a great many Tricks with them, offering to lay Wagers , which the Prisoner prompted him on to do; but he still refusing,George Smith for him to send the Money by the Bearer, but he could not be found; he desired them nor to prosecute him and he would procure the Money in an Hour's time. It plainly appear'd that he was a Confederate, and that there were three more in the Gang, one of whom went like a Country-man with a Whip, and another like a Quaker. It was also prov'd that a Bill of Indictment was found against him about the 7th or 8th of August , for defrauding one Mr. Barret of a Silver Watch and 20 s. The Jury considering the matter, found him Guilty of the Indictment. Death .
of St. Ethelburga was indicted for Assaulting Margaret Fromantle on the King's Highway, and taking from her a Silk Handkerchief, 5 Guineas, 3 half Guineas and 5 s. in Silver on the 18th of December last. Margaret Formautle deposed that the Prisoner and another with a Constables, Staff came to her House between 9 and 10 a Clock on the Night mentioned in the Indictment, and made a Disturbance; her Husband being then at a Tavern with some Common-Council-Men , she sent for him; she also sent for a Constable of the Ward to keep the Peace, but before they could come they pull'd her out of her House, dragg'd her into the Court, beat her, pull'd off her Headclothes, and threatned to carry her to the Compter; that she found the Prisoner's Hand in her Pocket, and heard her gold Chink in his Hand; that they threw her down, and left her on the Ground without any Headclothes; that she immediately dec lared she was robb'd, for the Prisoner had clear'd her Pocket, and made Affidavit of the Assault before Sir William Withers the next Morning. Her Husband was carryed to the Compter the same Night, and she knowing that he had a Purse of Gold about him, went to the Compter to him, and ask'd him whether they had taken his Purse of Gold, for they had robb'd her. A Drawer deposed, that about 9 or 10 a Clock the same Night he came to his Mistress for Change for a Guinea to carry to some Company, that she pull'd out her Money in her Hand, but had not Silver enough to change it; he saw in her Hand about 5 or 6 s. in Silver and some Guineas and half Guineas; that then he went out to get it chang'd and when he came back there was an Uprear in the House, and his Mistress came in and said she was robb'd, turning her pocket inside outward. Mrs. Price deposed, that going along, she saw Mrs. Fromantle dragg'd through the Court and us'd in a rude and barbarous manner; that she said to her, Mrs. Price, I am robb'd; that a little while before she went to her to change Half a Guinea, and saw her pull out Guineas, Half Guineas and some Silver. Another deposed that he was in the House and saw one of the Men knock Mrs. Fromantle down, and another tear her out by the Hair of her Head; and after heard her cry out she was robb'd. An Oyster Woman that sat hard by deposed, they brought Mrs. Fromantle out of her House, and she heard her cry out she was robb'd; she had no Head-clothes on, and she saw her turn her pocket. Andrew Fromantle deposed that he was call'd from a Tavein he was at with some Common-Council-Men, and when he came in, they said, This is Fromantle, so took him by force and dragg'd him away to the Compter; that his Wife came to him there, and told him she was robb'd, and ask'd him for his Gold, for fear they should take it from him; but he answer'd he could take care of it himself.
The Prisoner in his Defence told the Court that it was a malicious Prosecution, as wou'd appear by the Evidence he shou'd call, which was as follows. John Ruddle , a Constable, deposed, that the prisoner at their first going into the House went with him directly up Stairs while Mrs. Framantle was in the Bar, that in one of the Rooms above Stairs they found a Man with a Woman who was known to be a Common Nightwalker; that the Man confest the Woman had pickt him up in Cornill and brought him to that House; that he charg'd the Man and Woman into the Custody of the Prisoner, who coming down Stair's held the Man with one Hand, and the Woman with the other, and so continued to have both his Hands employed in holding them till they came out of the House and through the Alley into the Street; and that the Prisoner was not near enough Mrs. Framantle to touch her in all that time. That Mrs Fromantle was not at all struck or abus'd by the Prisoner or any of his Company. That as they were going out of the House Mr. Fromantle met them , and immediately assaulted him (the Constable) striking him several Blows on the Face, for which he was carried that Night to the Compter, and bound over to the Sessions the next Day. Mr. Wingham Mr. Howel, and Mr. Somerset severally confirmed what was before sworn by Mr. Ruddle . Another Evidence who was Constable last Year deposed that he was informed that Fromantle kept a very ill House, and that on search had found it so. Mr. Barham, Church-Warden of the Parish and Common-Council Man said, he believed Mrs Fromantle to be an ill Woman, and would make light of an Oath that she threatned to swear a Robbery against him and other Common-Council-Men, when they came to search her House for Disorderly Persons. Several others deposed that they had heard Complaints against the House , and that it was a House of ill Fame. Richard Moss , another Constable, deposed that Mr. Fromantle had endeavour'd to fix a Prosecution of the like nature on him for the same Felony; but when he came before Sir William Withers he only swore the Peace against him, though he was not with the Prisoner, nor at Mr. Fromanstle's House that Night. Several persons of Distinction appeared to his Reputation. The Jury considering the whole matter brought him in not Guilty ; and the Court, looking upon it to be a malicious Prosecution, ordered him a Copy of his Indictment.
Susanna Moor , of the Parish of St. Martins in the Fields , was indicted for feloniously stealing certain Tea, Chocolate, &c . from Samuel Hawkins , and seducing a Girl he kept, to robb him of his Goods &c and receiving the same. Samuel Hawkins deposed that he was a Grocer and the Prisoner had been his Washerwoman for a Year; that he took a poor Girl out of the Country to keep and bring up out of Charity: that he received a Letter advising him to take care of himself or he would be ruin'd; for that his Girl us'd to give away his Tea, Chocolate, &c. to the Prisoner, who had a great many Companions she us'd to treat therewith. The Girl deposed, that she gave the Prisoner Tea twice at her desire, that she took it out of a Cannister in her Master's Room before the Prisoner, who carryed it out of the House: That she also induced her to take half a Crown out of her Master's Drawer to make good the Box-Money she had spent upon her; and that she saw the Prisoner take her self a Candle, starch, &c. Sarah Linn deposed she saw her take 3 Candles, handfuls of Starch and Pounds of Chocolate at a time. The Prisoner denied the Fact, but produced no Evidence nor any to her Reputation. The Jury found her Guilty to the value of 10 d. Transportation .
Robert Ramsdale , of St. Dunstan's at Stepney was indicted for breaking open the House of John Peacok the 1st of February last; and taking thence a Featherbed value 15 s. a Blanket, &c . The Prosecutor deposed his House was broke open the Night aforesaid and that he
Ann Pilkington , of St. Giles Cripplegate was indicted for feloniously stealing a Coverlead, a Frying Pan and a Porridge-Pot from Randal Gosling . The Prisoner own'd she pawn'd the Goods in Golden Lane ; but said that the Prosecutor lent her them for that purpose. She call'd several to her Reputation, who said she had lived well formerly. The Jury found her Guilty to the value of 10 d. Transportation
Ann Foster , of St. Margarets Westminster was indicted for feloniously stealing a Riding-coat, a Riding-hood, Perriwig, &c. to the value of 3 l. It appeared the Prisoner was Servant to the Prosecutor when she stole the Goods, and confest it before the Justice, which Confession was read in Court. The Jury found her Guilty to the value of 4 s. 10 d. Transportation .
John Woodward and Thomas Williams of St. Jame's Westminster were indicted for breaking the House of Ed. Moon , and taking thence a Silk-Handkerchief value 3s. the 6th of February last. MarthaMoon deposed that she observing Williams lurk about her Window, ask'd what he did there, who reply'd what was that to her ; and a little while after she heard the Glass break, and the Handkerchief which hung in the Window was gone; that the Prisoners being pursued were taken, Williams at a Corner of a street, and Woodward in an Ale-house with his Hand bloody, being cut by the Glass he broke to come at the Handkerchief. The Prisoners denyed the Fact, or that they knew one another; but were both mark'd alike in the Arm with a Jerusalem Mark, which one of them said was his Business to make; and produced his Mark with which he did it. The Jury upon the whole matter found them guilty of Felony. Transportation .
Matth.ew Macdonald , of St. Giles in the Fields , was indicted for stealing a Guinea from Walter Powel on the 21st of February last. It appeared that the Prisoner with two others came to Mrs. Dillon's to buy some Linnen and agreed for two Shirts at 16 a piece, and asked her if she could help him to some of Queen Ann's Guineas for other Money, he wanting them for a Present to a young Lady; that she having none herself brought him to the Prosecutor's to see if he could help him to any; that he going up Stairs to see for some, the Prisoner was following him, but he bid him stay below, and if he had any he would bring them down to him; but afterwards he forc'd himself up and laid his Hands on the Guineas, and ask'd if he had none of King Charles's; but the prosecutor telling his Money over mist a Guinea, which the prisoner at last own'd he took, but in just , and would have sat down and drank, and made it up, which the prosecutor telling him he could not do, he said a Gentlewoman of a Good Estate should indemnifie him. He had but half a Crown in his pocket when search'd before the Justice, and pretended to be an Ensign . The prisoner own'd that he handled one, but said he did not take it. The Jury found him Guilty . Transportation
Mary Kirby , of Ealing in the County of Middlesex, was indicted for feloniously stealing a pair of Bodice, 4 Gold Rings, a Scant Tool and Scraper , from Eliz. Price on the 8th of February last. The Prisoner came to the prosecutor to ask for work, and was employ'd by her, and took an Opportunity to take the Goods and go away with them: She was found at Gravesend , with part of the Goods upon her: when she was brought to Town she confest the Fact before a Justice, and where she had sold three of the Rings. The Jury found her Guilty/ to the Value of 4s. 10. Transportation .
Sarah Hudson , of St. Clements Danes , was indicted for feloniously stealing a Holland Shirt, a Smock and a Flaxen Sheet from Jane Oneal the 30th of Dec . last. The prosecutor deposed the Prisoner came to her Cellar with a Candle lighted to ask for White Lilly Root, and went away; but return'd again without a Candle and took the Linnen of the Line .
She was indicted a second time for feloniously stealing the Cloak of a Riding Hood the Goods of Thomas Hill , which was taken upon her. Both Indictments being fully proved the Jury found her Guilty of them Burnt in the Hand .
Sarah Martin , of St. Margarets Westminster was indicted for feloniously stealing a Night Gown, Riding-Hood and black Hood from Eliz. Read the 24th of January last, which she owned before the Justice and her Confession was read in Court.
She was indicted a Second time for feloniously stealing Six Holland Sheets and other Goods to the value of 10 l. on the 6th of Fabruary last. The Prisoner owned she took the Goods, and had given away some, and pawn'd others, but that the Prosecutor had the Goods again. The Facts being very plain, the Jury found her Guilty of both Indictments. Transportation .
Jonas Smart of St. Martin in the Fields was indicted for feloniously stealing 4s. 2d. out of the Till of John Hays the first of February last. The Prisoner liv'd with the Prosecuter, who going out, when he came home he found his Till open; and being serv'd so a Second time took up the Prisoner, who contest the Fact. The Jury found him Guilty to the value of 10. d. Transportation .
Edward Mullinor , of St. Giles in the Fields was indicted for feloniously stealing 2s. 7d. Half-penny from William Bannister , the Second of February last . The Prisoner came to the Prosecutor's House about two a Clock in the Morning to help him Bake, and was sent up Stairs for a Candle, but staying longer than ordinary, he went up after him, found the Drawer open, the Prisoner standing by, and the Money gone. The Jury found him guilty to the value of 10 d. Transportation .
Elizabeth Tooly alias Sewet , of St. Giles in the Fields was indicted for feloniously stealing two Gold-Rings from Edward Turner , the 9th of January last. It appeared that she look the Rings of his finger while he was asleep in the Round House. The Jury found her Guilty to the value of 4s. and 10 d. Transportation .
Philip Anthony , was indicted for assaulting Charles Hopson on the High-way-with an intent to rob him. The Prosecutor deposed that a Man in a Mask stopt the Coach on Ealing Common , and demanded his Money; but he having a small Gun, presented it, and the Prisoner rode off. Another deposed that he saw the Prisoner without his Mask as he rid up to the Coach, and when he rode from it he came by him again with his Mask off, whereupon he rid up to the rid up to the Coach to know what the Prisoner said, and being inform'd, immediately persued him, and having rode him down, took him; that he gave him a Watch and a counterfeit broad piece to let him go. He was positive the Prisoner was the Man that rode up to the Coach. Another deposed that he was present at the taking of him, and confirm'd his offering the Watch and Counterfeit Gold, and that he said it was the first time, and pray'd them to be kind to him and let him go. Another deposed the same as the last. The Prisoner in his Defence said they swore wrongfully, and that as he was riding towards Uxbridge he met the Evidence, who, he said robb'd him of his Watch . But that not being believed, the Jury found him Guilty of the Assault. Two Years Imprisonment .
Margaret Dowdwell and Alice Wright , were indicted for a Misdemeanour in inciting Jonathan Wild to commit a Burglary and Felony on the House of John Cook . Mr. Wild deposed that the Prisoners came to his House about the 23d or 24th of January last, and wanted to speak with him in private;(upon which he lookt very earnestly at'em, perceiving one of them to be with Child) that he asking their Business, Dowdwell told him, that she had lost nothing, but wanted to find something, and that she would help him to a thousand Pound; nay she could help him to many thousand Pounds if he could procure stout Men to perform their part: and then proposed the breaking open the House of John Cook in Wormwood-Street near Bishopsgate , Cainchair maker , who had lodging in his House an ancient Maiden Gentlewoman who had at that time some thousand Pounds by her in Boxes under the Bed where she lay, and let out Money to use; she said the only Opportunity they had to break the House was to convey in some Person in the Evening and conceal himself in the Saw-pit in the Shop, and in the dead of Night to let their Companions in, and then take care to secure twoAlice Wright replied that people when they go about such matters must defend their Lives as well as they can; the persons being thus secured it was an easy matter to come at the Gentlewoman's Money, which was in the Room underneath, and she gone into the Country to fetch more; the Room opposite was the Man of the House's, and if they went in there they'd find Money in his Drawers, for he never was without, but they must take a particular care of him for he was a very resolute Man, and it was no matter if he was knock'd on the Head; underneath the Room where the Man and his Wife lay, there lay a Gentlewoman with a small Child, and they were mighty desirous that neither the Woman nor her Child should be Hurt; and so told every part of the House, Mrs. Cook deposed that Mr. Wild came to her and acquainted her with the matter as before recited, and that his Description of her House was very particular and exact; that Dowdwell had lodg'd in her House 5 Months, and being very poor she would not turn her out, but she went away her self without giving any Notice or paying Rent. The prisoners confest the Matter before my Lord Mayor when apprehended. Dowdwell call'd some to her Reputation , who said she was a Captain's Window and had liv'd well, but was now reduc'd, Wright also call'd one to her Reputation, who said he knew nothing of her but that she had liv'd in two or three places where he us'd, and had a Child by a Gentleman of his Acquaintance. Upon the whole the Jury found them both guilty of the Misdemeanour. Imprisonment for six Weeks .
John Murry of St. James's Westminster , Esq: alias Sir John Murry Barronet , was indicted for committing a Rape upon the Body of Mary Mackneal , a Girl above 10 Years of Age, on the 21st of January last; Mary Mackneal declar'd that being left in a Room up two pair of Stairs at Sir John's, he threw her down on the Floor and whipt her, and them took her up in his Lap, and put her Hands behind him, and laid her Leg over his Thigh , and enter'd her Body as he sat in a Chair, her Face being towards him; and said she must not tell his Lady nor her Mother, threatning to put her in Goal if she did; that she cry'd out but no body came; being ask'd how long it was before she spoke of it, she said she told her Mother in a Week: That a Day or two after be made a second attempt upon her in the same Room, but the Maid came up in the interim: That she staid from Wednesday till Saturday, and lay with his Servant; that she never lay out of his House while absent from her Mother. Her Mother deposed she came home on Saturday, shifted her self on Sunday, and when she was washing her Child's Shift on Thursday she was very much surpriz'd, and took her to task, who told her that Sir John had done it: That she sent for a Midwife , but she was not at Home. The Midwife deposed she was sent for on Friday, but was not at Home, and on Saturday the Girl was brought to her; that she believed she was forc'd by a Man; that at first she undertook the Child, but found it beyond her skill, and so advised to make use of a Surgeon . The Surgeon deposed that he found an Inflamation, Running and Redness, that she was very much bruised and swell'd, and a Laceration within, and that the Girl said it was done by Sir John Murry . Mrs. Fitzgerald strengthened the Mothers Evidence. Sir John pleaded that she was brought to his House by Mr., who desir'd she might stay there two Days, which be readily, provided she would be content to lye with the Maid ; that she staid till Saturday, and then went on her Mother's; that she return'd to his House on Monday and staid till Wednesday , when she went back to her Mothers, and he heard nothing more of her till 11 Days after, when Mr. Plunket came with a Constable to his House to apprehend him: Elis Watts deposed the Girl was not out of her sight the 22nd of January; that she lay with her, she dress'd and underss'd her, that her Linnen was not one of order, neither did she make any Complaint, but was very merry all the while ; that she believed her self very impudently to the Poorman, let John Jones into the Room in her Shift, who laid there an Hour: brought in Drink, spite it in the Bed, and would have had him pull'd the Clothes off the Bed; they were very familier , he kist her, and put his Hands into the bed where she was John Jones confirm'd what had been deposed as to her behavio ur , and added, that she went away on Saturday and came again betimes on Monday; and what for whether she came so soon from South work she said No; she lay at the pattern (or clog) in korl's Court in Drury-Lane on Sunday Night. Margaret Armstrong , Servant to the Prisoner, deposed she never heard her Iquall, but that she was always very merry, and rs heard her complaint Margaret Shale , Servant in the same House deposed the same and that she help'd her to make the Bed on Thursday. There was a difference between the Examination and the Indictment, the Fact being said in the Examination to be committed on the 22nd, and in the Indictment on the 21st. The Jury upon the whole matter brought him in Not Guilty .
Robert Bretland was indicted for offering 20 Guineas &c. to William Henry Marsh not to appear as an Evidence in a Cause in the High Court of Admiralty against Mr. Trot , for burning a Ship on the High Seas which he had insur'd 400 l. upon, and for arresting him in large Actions where by he was prevented giving his Evidence . But after a long Argument by the Counsel on both sides the Prosecutor for the King could not (for want of proper Evidence) maintain the Indictment, upon which the Court directed the Jury to acquit him.
Samuel Jordan , of Whitchurch in the County of Salap Attorney at Law , was indicted for the Subornation of Francis Wright , and John Freeman ; and like wise for procuring them to personate James Clarke and James Burgess , and bringing them before Mr. Justice Tracy to swear an Affidavit that was false the 27th of October last, in order to obtain a new Tryal in the Court of Common Pleas . Francis Wright deposed that in October last Jordan came to the Magpye-Alehouse near Newgate, and enquired for one Dress , and said he wanted him and another to make an Affidavit for him in the same Cause in order to obtain a new Tryal, upon which he and Jordan had some discourse, and appointed to meet at the Devil Tavern near Temple-Bar; and accordingly he did meet Jordan, who pulled out the Draught of an Affidavit to be swore to; and at Jorden's Request he procured Frecmen as another Evidence; and upon a Sunday they all three were at the Half-Moon in Bell-yard , where the Affidavit was sign'd by the Names of J ames Burgess Tallow Chandler, and James Clarke Wine Cooper, Mr. Jordan telling them that by swearing in wrong Names they could not be found out or come into any Trouble; and on Monday Morning they went before Mr. Justice Tracy and swore the said Affidavit: And that he being Necessitous , and by Jordan's Solicitations, and giving him Money in all 8 Giuneas, he was prevailed upon to swear she said Affidavit, and that hearing they were detected, Jordons would have had them to appear in Westminster-Hall to justifie it, which he refused, and kept out of the way: and own'd that all that he had sworn in the Affidavit was false.
John Freeman confirm'd what Wright had swore as to their meeting at the Half-Moon in Bell-Yard , and what pass'd since; and added that at Jordan's Request he did appear at Westminster to justifie what he had sworn; but the Court were pleased (as he said) very justly to commit him to the Fleet ; and said, that all the Money he had of Jordan at several times was about 32 s. and owned all his Affidavit was false. Mrs. Storman corroberated what Wright and Freeman had sworn, and declared that after Freeman was taken into Custody by the Tipstaff , Jordon applyed himself to her, and offered her a Guinea to make an Affidavit against Mr. Jones, and told her there was no more harm in it than in drinking a Glass of Rum which he was going to drink; and said he would carry her in a Coach privately to a Judges Chamber, and she should swear in a wrong Name, and after wards could not be discovered, which she refused. John Chirtwood was produced on the behalf of Jordan, and said he drew the Affidavit of Wright and Freeman on a Sunday at the Half-Moon in Bell-Yard; but said what he drew they dictated to him; and he heard Mr. Jordan say that he believed it was true, for James had been a Rogue to him; and that Jordan heard Wright and Freeman give their false Names, and sent for she Stamp Paper; and he being ask'd whether Mr. Jordan had a good or ill Character in the Country, said, that all Attorneys had an ill Character. The Jury found him Guilty of the Subornation . And his Council insisting on some Points of Law the Court admitted him to Bail, and it is to be decided by the Judges of the Common Pleas next Term.
John Filewood alias Violet , of St. Gabriel Fenchurch , was indicted for Robbing on the Highway, and taking a Portmanteau Trunk with Goods in it to a considerable value, on the 12th of February last, the Goods of Andrew Robinson and Francis Cabet ; it appear'd that Mr. Cabet came to Town that Evening and was Set down at New Round Court, in the Stroud , where he hired a Porter to carry his Portmanteau to his Lodgings in Fenchurch-street , where he was met by the Prisoner, who pretended to be the Person that employ'd him to carry the Portmanteau , and seem'd to be very angry for his staying so long, calling him Old Rogue and Old Rascal for making him wait; got the Portmanteau from him, cutting his Hand with a Knife, whereupon he cry'd out stop. Thief, that James Harris coming by at that time and hearing the Cry secured the Prisoner with the Goods. The Prisoner in the Defence said that James Horris came to him in Newgate
, was indicted for a Rape by him committed on the Body of Bridget Stevenson on the 6th of May last, she being an Infant at that time under the Age of 10 Years . The Girl deposed that in May last the Prisoner committed the said Rape and enter'd her Body in her Father's Kitchen, that she would have cry'd out, but he stops her Mouth, that he did so two or three times, but did not discover it till about a Fortnight ago, when her Mother ask'd her whether the Prisoner had kist her, and she told her the whole matter. Eliz Eyles said she was Servant in the House, and that the Prisoner entie'd if the Child into the Shop, when the cry'd out, and she going, in to her Assistance took the Child out of his Lap, that her Coats were up all round, his Breeches indeed were not down, but his privy Parts were out; and being ask'd by the Court why she did not discover it, said, because the Child begg'd her not for fear her Friends should beat her. Another time on a Sunday Night the Child cry'd out, and she went into the Kitchen, where she found the Child sitting in a Chair with her Coats up and the Prisoner standing before her, when she came in the prisoner went away. After a Fit of Sickness the Child had. she ask'd her why she went in to be kist, she answer'd, that he entie'd her with Shells and other playthings: This Evidence also said that she wash'd out a Shift of hers stain'd with Blood; and being ask'd why she went away, she said the work was too hard for her. J. Philips , Journyman to Mr. san deposed the prisoner had owned to him that he had leyn with her several times in May last, both forwards and backward; and that he had the fool Disease, and he told his Master of it, and that made the Discovery; and that the Prisoner confest before the Justice that he had layn with her both ways in May last, and being ask'd by the Prisoner whether he never declared that he was a Witness for fear of his Master, who he owed Money to, be answered , No. James Parual and Ambrose Stevenson corroborated the former Evidences. John Donglas the Surgeon deposed that he inspected the Child the 18th of February, and found her privy parts inflam'd, and when he open'd it the Child cry'd; and when he endeavour'd to put his Finger in she cry'd very much, for it was very much inflam'd; then be made use of some Oyl and his Finger came out Bloody; he further said, that they told him that she Injury was received three Days before.
The Prisoner denyed the Fact; and as to his Confession, he said he was in a very great Surprise, and that it was extorted by their promising to forgive him, and that no harm should come to him. The Prisoner's Brother deposed, that he went with Mr. Walbank , a Surgeon, to Mr. Stevenson's House, to desire him to let the Surgeon have a View of his Daughter; but he not being at home, her Mother told them she could not tell what to say to it, unless their Surgeon was there; whereupon a Woman came down Stairs and abused them, and said they should not see the Child; to which the Surgeon reply'd, that he did not desire to inspect the Child by himself, but that they would appoint a time when their Surgeon should meet him, whereupon she said her Surgeon would be there at 9 a Clock that Night; accordingly they went again at 9, and were told that he was not come, not they could not tell when he would; that they went the next Morning and were denied admittance , or that the Master was within. tho' this Evidence saw him through the Window. He likewise deposed that he met John Phillips in the Street, and falling into Discourse with him, said, Phillips had told him, that he was sorry he must be an Evidence against his Brother, but he was obliged to it by reason he owed his Master Money; whereupon he went with him to a Tavern where Mr. Walbank and Mr Pappet were present, and where he again declared the same, and likewise that if he would pay that Money for him be would be an Evidence for the Prisoner, and showed him a Paper of Instractions what he was to swear.
Mr Walbank and Mr Pappet confirmed what pass'd at the Tavern, and further deposed, that the find Philips told the Prisoner's Brother that he was a stingy Fellow not to give 4 l to save his Brother's Life, when his Master offer'd him 20 or 30, but it went against his Conseience to take it. Mr Walbank also confirmed what was swore before concerning his going to inspect the Girl, and added further, that he could not believe that the Girl could be in such a Condition as pretended, after such Usage as has been before mentioned The Jury considering the whole Matter Acquitted him.
, , , and ,, of St. Margaret Pattons , were indicted for the Murder of Thomas Pickering , by beating bruising and Kicking of him on the 10th of September last, of which he languished till the 17th of February and then died . It appeared that the Deceased and his Sister had been at the Red Cow in Eastcheap, and as they were going home together about 9 a Clock at Night, the Prisoners overtook them and would have joyn'd Company with them, but she desired they would not; that one of the Prisoners chuck'd the Deceased under the Chin, saying he would cock his Chin, that he pinch'd him on the Sides, and turn'd up his Nose; that the Deceased told them if they continued their Affronts he would make use of his Stick , but did not; that another of the Prisoners wrencht his Stick out of his Hand, beat him against the Wall and then threw him to the Ground, and the Deceased pitching upon his Shoulder against the Kenel put in out of joint; that they went to the Cow and sent for a Surgeon to dress his Arm. There were Evidence deposed that he was very well before, but since that, he bath not been able to lift his Hand to his Head, but been in a weakand languishing Condition, and complained of a Pain in his side, and belived it to be the Occasion of his Death. The Prisoners in their defence said they had been a Fishing, and coming back went to the Gun-Tavern , and as they were going home from thence overtook the Deceased and his Sister, and after some Words the Deceased broke one of the Prisoners field's with a large knotted Crubstick upon which they endeavour'd to get it out of his Hand, and so the Scuffle began. The Surgeon deposed that he found the Deceased's Shoulder was out of joint, and he reduced it; that he had also a flight Bruise of Scratch in his Forehead, and that was all the Injury he perceiv'd; that he came to his shop afterwards and he then said he was very well only he had a pain in his Arm, he advised him to stir it a little, and gave him a strengthening er and did not believe he died of this Fray , but a natural Death. Therewere other Evidences that had seen him abroad since, he told he was pretty well only he had a Pain in his Arm, and that he complained of no Bruise at all. It appear'd by other Evidences that he had owned at the Quarter Sessions that he had broke one of the Prisoners Head's before he was struck; and likewise that one came to them to compound the matter and drop the Process. The Prisoners called several to their Reputation, who gave them a good Character, and particularly as to their quiet and peaceable Behaviour. The Jury acquitted them.
The tryals being over, the Court proceeded to give Judgement
Received Sentence of Death, 12.
Sarah Kingsbury , Thomas Wright , Christopher Banister , John Filewood alias Violet, Samuel Walter , William, Wilson, Thomas Draper , Samuel Davis , Isaac Smith , John Dickson , Robert Killison , and Sarak Brunt .
To be Transported, 29.
Thomas Bates , James Jones , Elizabeth Smith , Joseph Page . Arnold Reynolds , James Thompson , Gilbert Wilson , Peter Johnson , Richard Chamberlain , Daniel Richardson , Elizabeth Stiff , James Cringin , James Spargin , John Scott alias Holloway , Ann Pierce , Sarah Scott alias Rideway alias Windham, Susannah Morre , Ann Pilkinton , Ann Foster , Thomas Bailiff , John Wedsward , Thomas Williams , Mathew Mackdonald , Mary Kirby , Sarah Martin , Jones Smart , Edward Wailloux , Elizabeth Tooly and William Spurgin .
Hennaniel barges , one Year's Imprisonment