THE PROCEEDINGS ON THE KING's Commission of the Peace, AND
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 and Friday, being the 13th, 14th and 15th of this Instant July, 1720. In the Sixth Year of His MAJESTY's Reign.
BEFORE the Right Honourable Sir GEORGE THOROLD , Kt. and Baronet, Lord Mayor of the City of London; the Right Honourable the Lord Chief Baron Bury , Mr Justice Powis, Mr. Justice Blencowe, Mr. Justice Dormer, Sir William Thompson , Kt. Recorder, 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:
Frances Coats , of St. Andrews Holbourn , was indicted for the Murder of Thomas Baker , an Infant of about 6 Years of Age , by giving him a Mortal Bruise on the hinder part of his Head with a piece of Brick, on the 31st of May , of which he languished till the 13th of June and then died . She was indicted also a second time on the Coroners Inquest for the same. Daniel Ray deposed, that he being at work in Baldwins Gardens , where there were 3 Boys (the Deceased one of them) at play, the Prisoner look'd out of a Window up two pair of Stairs and told them. If they did not go away, she would throw a Brickbat down and beat their Brains out, that he saw the Prisoner with a piece of Brick wavering in her Hand. and saw it fly off the Head of the Child, and the Blood spin cut three several ways. A Woman deposed, that she asking the Prisoner how she could be so barbarous, she answered, that the Child was not dead yet, but wisht she had kill'd him; and that she confest it before the Justice. Sarah Baker deposed, that her Son (the Deceased) came to her bloody, and said that the Prisoner had done it, that she had kill'd him and desired her to prosecute her; and that she confest it before the Justice. The Surgeon who had the cure of the Child in St. Bartholomew's Hospital deposed, that the Wound was the occasion of his Death. The Jury considering the matter, found her Guilty of Manslaughter . Burnt in the Hand .
John Holms , of St. Margaret in Lothbury , was indicted for feloniously stealing a pair of Pistols value 30 s. the Goods of Sir John Blunt , Bart. on the 2d of July last. Francis Callum deposed, that his Master had been at Stratford, and sent him with two Horses to his Stables, and as he went through Lothbury a Boy ask'd him to let him ride on one of them; that the Prisoner pretending to help the Boy up, took the Pistols out of the Holsters; that he rid after him and took him, and was sure the Prisoner was the same Person. Another Evidence deposed that she saw the Prisoner take the Pistols and run away with them. The Prisoner denied the Fact and called several to his Reputation, two of whom deposed that he was crasy sometimes. But the Evidence being very full against him, the Jury found him Guilty . Transportation .
William Burges , of St. Gregory's was indicted for privately stealing 1 Guinea, from the Person of Mark Parteridge , on the 19th of June last. But it appearing to be a frivolous Prosecution, the Jury Acquitted him.
Margaret Townley , of St. Brides , was indicted for privately stealing 13 yards of Ribbon, value 6 s. 6 d. out of the Shop of Elizabeth Eades , on the 18th of June last. Mary Leighton deposed, that the Prisoner came into her Mother's Shop to buy Ribbon, and that she saw her take the Goods mentioned in the Indictment, out of the Window; that she let her go out of the Shop a good way, and then sent to fetch her back again, that when she was brought back she searcht her, and took the Ribbon out of her Pocket, which was produc'd in Court and swore to; that she found other Pieces of Ribbon about her, but could not swear to them; that then the Prisoner fell down on her Knees and begg'd pardon. Two other Evidences deposed that they saw the Ribbon taken out of her Pocket, and that she fell down on her Knees and begg'd Pardon. The Jury considering the matter, found her Guilty to the value of 4 s. 10 d . Transportation .
William Williams , of St. Botolph without Aldersgate , was indicted for privately and feloniously stealing 3 dozen and 10 Horn Handle Knives and Forks value 40 s. out of the Warehouse of John Tranter , on the 13th of June last. It appeared that the Prisoner and another Boy broke a Board over the Prosecutor's Warehouse-door in the Castle and Falcon-Inn , and got in and took the Goods; but were stopt with them by a Porter in Thames-Street about 11 at Night, whom they told they had the Goods first of one Person, then or another; that the other Boy got away. The Goods taken on them were produc'd in Court and own'd by the Prosecutor, and the Prisoner's Hat was found in his Warehouse. The Jury considering the matter, found him Guilty to the value of 4 s. 10 d . Transportation .
Richard Trantum , of St. James in Dukes-place , was indicted for breaking open the Dwelling House of Ann Thomas on the 26th of June last in the Night time, and feloniously taking thence a Wooden Box, a Silk Gown, 2 Petticoats, 2 Shifts, 2 Aprons, 3 Shirts, 7 Napkins, &c. the Goods of the said Ann Thomas. The Prosecutor deposed, that when she went out her Door was fast. but when she returned (which was about 12 at Night) she found her Door broke open, and her Box of Clothes gone. William Avery deposed, that he saw a Fellow go along Shoemaker-row with a Box on his Shoulder and the Prisoner (whom he knew) follow him; and afterwards hearing the Prosecutor complain that she was robb'd of such a Box, told her of it, and the next Morning went over to the Prisoner's Dwelling in Southwark, found him and the Goods in his Chamber. Two other Evidences confirm'd the finding the Goods on the Prisoner in Southwark; but the Evidence not being sufficient to fix the Burglary on him, the Jury acquitted him of that, and found him Guilty of Felony only . Transportation .
Elizabeth Woolley , of St. Andrews Holbourn , was indicted for feloniously stealing a Cain Chair value 2 s. a Wooden Chair value 1 s. 2 Sign Irons value 10s. and 10 Pound Weight of Iron value 10 d. the Goods of John Burnet , on the 29th of April last. She was a Second time indicted for feloniously stealing a pair of Bellows value 10 d. a pair of Tongs value 1 s. a Trivet value 6d. and a Curtain Rod value 6d . But the Evidence not being sufficient the Jury Acquitted her of both Indictments .
Eleanor Jackson , of St. Botolph without Aldgate , was indicted for privately stealing a Silver Watch value 4 l. 10 s. from the Person of Thomas Norris on the 23d of May last. But the Evidence not being sufficient the Jury acquitted her.
Ann Thompson , was indicted for a Misdemeanor in Enticing Richard Evans to rob his Master Thomas Sharp , Haberdasher , of 6 ounces of Silver Plate . But the Evidence not being sufficient, the Jury Acquitted her.
Elizabeth Gilbert , of St. Brides , was indicted for privately stealing a Silver Watch, value 5 l. and a Guinea, from the Person of Gilbert Keal , on the 12th of this Instant July . The Prosecutor deposed, that he had been in his Brother's Company, and had drank too much; that coming home, in Fleet-Street he met the Prisoner, who ask'd him to give her a Print of Wine; that he was seduced by her to go to a House in Hanging-Sword-Court , where she conducted him up two pair of Stairs, that a Quartern of Brandy was brought up, and Tabitha Ellis came up and asked who was to pay for it; that the Prisoner asked him for another Quartern. which he gave her, and paid a Shilling for them both; (that he had his Watch, a Guinea, a Shilling and 6 Pence when he went in; ) that she ask'd him to give her something, and he gave her the Six-pence, telling her that he had no more than that and a Guinea in his Pocket; that he mist his Watch and Guinea and charged her with it, whereupon she knock'd, and Elizabeth Jesson and Tabitha Ellis came up, and said she was an Honest Woman and would not rob him; that they endeavouring to get between him and the Prisoner in order to give her an Opportunity to get off, he shut the Door and kept his Hand on it; then they put out the Candle, and pull'd him down backward by his Turnover, that he cry'd out Murder, and the Watchmen came to his Assistance, otherwise he believed they would have murder'd him. That no Body was in the Room but the Prisoner and himself when he lost his Watch and Guinea. - Nichols deposed that the Prosecutor charged him with the Prisoner for stealing his Watch and Guinea, and carrying her along she met a Man and slid the Watch into his Hand, where upon he laid hold of him, who threw away the Watch, and this Evidence took it up. The Watch was own'd by the Prosecutor. Another Watchman confirmed the former Evidence. The Prisoner in her Defence said, that the Prosecutor clapt his Hands round her middle, and said he would give her a Pint of Wine; that she told him there was no Tavern up; then he askt her if he could not go home with her and have a Pint of Wine or Quartern of Brandy there, and she told him she did not know; that he askt if he might not lie with her, and she told him she could not tell; that he gave her 6d. but she would would not let him for that; whereupon he gave her his Watch to keep till the next day he should bring her half a Guinea. That one of the Women the Prisoner mentioned was then sick a Bed in a Sallivation; and that the Watch dropt from her as they dragg'd her along. The Jury found her Guilty Death .
Rebecca Doleman alias Low , and Mary Jones alias Simpson , of St. Giles without Cripplegate , were indicted for feloniously stealing 12 Guineas and 15 l. 7 s. 6 d. in Money, in the Dwelling House of Arthur Parry , on the 14th of June last. Jane Parry deposed that the Prisoners lodg'd in her House 7 or 8 Months, and robb'd her of 28l. wanting 6 d. that the Money was lockt up in a Press in the Kitchin underneath the Clothes; that she saw the Money there three Weeks before, and when she had them before a Justice they confest it, and said they had spent it and play'd it away. The Constable deposed, that when he served the Warrant on them they confest 14 or 15 l. that there were two Men, one a Husband the other a Friend; that they took it on themselves and clear'd the Men; that Doleman took it and gave it to Simpson. Another Evidence deposed that he went along with the Constable to take them; that there were 3 Men and 2 Women in the Warrant; that they took 2 of the Men and the Prisoners; that the Men trembled, whereupon Doleman bid them not tremble, she'd clear them if she dy'd for it; own'd she took it and gave it to Simpson, who owned her receiving of it. Another confirmed the same, and farther deposed, that they offer'd to give a Note of 15 l. for it. Their Confession before the Justice sign'd by both of them was read in Court. Doleman owned on her Tryal that she took part, and would have clear'd Simpson; but her Confession being full, the Jury found them both Guilty of the Indictment. Death .
Jane Wheatley of St. Giles without Cripplegate , was indicted for feloniously stealing 5 Silver Spurs, the Goods of Four several Persons, in the Dwelling House of Mr. Waterson , on the 21st of June last. Mr. Waterson deposed, that he keeps Livery Stables in Finsbury , and that the Prisoner Nurst his Child, and while he was out, brought it home to see them; that when he came Home he mist 5 Spurs, whereupon he went to a Goldsmith's at Cripplegate, where he found 2 of them, and the Goldsmith's Wife said, that she bought them of such a Person, describing the Prisoner; that when he took her up she confest the Fact, and said that she had sold another of them to a Goldsmith near the Monument for 10 s. and threw the other pair into the Thames, having first offer'd them to sale, but the Goldsmith refused to buy them because there was Iron among them; that he found that sold near the Monument by her Direction. The 3 that were found again were odd Spurs belonging to 3 several Gentlemen, and that he knew them again by comparing them with their Fellows. The Goldsmith's Wife
Matth.ew Tompkins , of Enfield , was indicted for Assaulting John Wickers on the High Way on the 21st of April last, putting him in Fear, and feloniously taking from him 4 Guineas, and 16 s. 6 d. in Money . To which Indictment he pleaded Guilty . Death .
Morrice Fitzgerald , of the Parish of St. Martin's in the Fields , Gent. was indicted for the Murder of Peter Parry on the 29th of May last, by giving him a Mortal Wound in the Right part of the Back near the Shoulder, of the breadth of 4 Inches and the depth of 13 Inches, of which he instantly died . He was indicted also a second time on the Coroners Inquest for the same.
Humphrey Price deposed, that he and his Partner having carried a Gentleman home, as they came back, between 3 and 4 in the Morning, they took up a Gentlewoman to carry to St. James, that a Mad or Drunken Fellow follow'd the Wowan and used some ill and abusive Language, and that when they came to the End of Cecil Street they met 4 or 5 Gentlemen, who said damn ye, we'll have some Fun; and ask'd who have you in the Chair, he answered, a Gentlewoman going to St. James's: they demanded her out of the Chair, that the Prisoner struck him twice with his Sword in the Scabbard and my Partner said be could not come along, that he was prick'd in the Breech; that they open'd the Chair, and the Gentlewoman being very much frighten'd cry'd out, and a Watchman came up to her Assistance. That there were 3 Chairs in all, theirs in the first, that Mr. Celey came up with his Sword in one Hand and his Cane in the other, and said he would not hurt him (this Evidence) that he seized the Prisoner and prevented his hurting of him (this Evidence); but could not tell who gave the Deceased the Wound; that the Prisoner was in Liver Colour Clothes, and his Partner told him that he knockt the Prisoner down after he had struck him and stopt the Chair.
Francis Amber deposed, that he hearing a Noise got up and lookt out of the Window, that he saw Four Gentlemen, 3 of them with their Swords drawn, and 4 Chairmen with their Poles out, and a Watchman coming up, one of the Gentlemen thrust his Sword in his Back; that the Gentlemen offer'd the first Offence; that two of them were about the Watchman, the other two about the Chair, and the Woman crying out.
William Maxwell deposed, that the Gentlemen were drunk, kickt a Watchman's staff and and Lanthorn, then gave him Money, and going on met the Chair near the End of Cecil Street, and said they would have some Fun with the Gentlewoman in it; that she crying out, the Deceased Watchman came up to pacify them; that he saw two Swords in the Deceased's Body, and that the Prisoner's was one of them; that the Prisoner had then on Liver Colour'd Clothes; that he knew him well, had known him for sometime; and being ask'd if he knew where he liv'd or Lodg'd, he said he had Lodg'd about six Months at the Corner of Beaufort Buildings; that the other two Gentlemens Swords were also drawn, and Mr. Celey said G--d D - ye let us make the best of our way, the Watchman's Killed.
Goner Batchelor deposed, that he being waked with the Noise got up, and looking out of Window saw an Empty Chair turn'd over; the Chairman with Poles, and the Gentlemen advance with their Swords drawn, said let there be no Mischief done, shook Hands and put up, then drew again; the Gentlewoman screamed out, and the Deceased coming up, he saw two Swords in him, one in his Back, the other in his Left Arm that one of the Wounds was given by a Gentleman in a light Colour'd Suit trimm'd with Silver, but could not swear in particular to the Prisoner at the Bar.
James Swanstone deposed, that his was the first Chair, that his Partner had a Blow and bid him set down, that he drew his Pole, that the Prisoner pusht at him with his Sword and scracht him in the Cheek, and he knockt him down with his Pole; and went away with their Fair; that the Head of the Chair was thrown up, the Glasses and Frame broke, and the Gentlewoman frightened and cry'd out before the Murder done.
Jeremiah Rigby deposed, that as he was on his Duty (a Watchman) he heard Murder cry'd out, and going up to preserve the Peace, a Gentleman made several Passes at him; that he desired him to return his Sword, which he refused; but he kept him off with his Staff and believes it was the Prisoner, but was not positive, but said it was a Gentleman in light colour'd Clothes trimm'd with Silver.
John Langley deposed, that he went up to the former Evidence's Assistance that he saw two Swords drawn, that the Prisoner (whom he knew) was in Company, his Sword in the Scabbard, they made off, and he went up with Rigby.
Ann Saunderson deposed, that she hearing two Gentlemen were brought to the Round-House for killing a Watchman, went into the Room to them, that MrCeley clapt his Hands together, and said, he was a dead Man, and that the Prisoner reply'd, he wisht he dy'd for Age on his Account.
Mary Lane deposed, that the Prisoner and Mr. Celey were brought up to the Roundhouse, and that she being there heard the Prisoner say, O Lord have Mercy upon me, we have kill'd the Watchman, we shall be hanged; and that the Prisoner had several Spots of Blood on his Wastcoat: and that one came up into the Roundhouse to see them, and said that the Prisoner stabb'd the Watchman, but he could not tell whether he was dead; that it was light when she saw them, the Prisoner had Liver colour'd Clothes on; and the Prisoner asking whether it was not Dirt on his Clothes, she answer'd that it was Blood, not Dirt.
Edward Edgerly deposed, that at Cecil Street end the Gentlemen took a Staff and Lanthorn from a Watchman, it was a Gentleman in Gray Clothes trimmed with Silver, that they beat the Watchman, then gave him some Money, and bid him go about his Business that a Woman coming by in a Chair, they stopt the Chair; that the Prisoner came up after it was stopt, and was not one that stopt it; that there were Five Gentlemen, the Prisoner was one of them; that the Gentlewoman cry'd out Murder, the Deceased came up, there were two or three about him, and that the Prisoner was amongst them when the Mischief was done; that he saw but one Wound given, which was by a Gentleman in Grey trimm'd with Silver.
Nathaniel St. Andrew deposed, that he being sent for to the Deceased, found two Wounds on him, one backward through the Thorax into the Liver, which was the Occasion of his Death; the other in his Left Arm.
The Prisoner in his Defence said, that he had been in Company with Captain Bennet and some other Gentlemen at Mrs. Rochforts at Charing Cross till near 4 a Clock that Morning, and that Mr. Celey was not in their Company, and that going home all alone to his Lodgings the Corner of Beaufort Buildings, within a dozen Doors of his Lodging this Accident happened; that he had not not been in Company with any of the Gentlemen before, but coming by accidentally at that unhappy time was knockt down by one of the Chairmen, and call'd the following Evidence to prove it.
Captain Bennet deposed, that he supt with the Prisoner at Mrs. Rochforts, that Night, and staid till half an Hour after 3, then went away in a Chair, parting with the Prisoner at Rochforts Door, and that Celey was not in their Company.
John Plunket deposed, that he saw the Prisoner walk soberly before him about Hungerford-Market all alone; that then he got before the Prisoner, and when he came to Cecil Street, or thereabouts, he saw a Squabble; that there were 6 Gentlemen; one of them in Whitish Clothes with Silver Trimming; with a Sword drawn, who stabb'd the Watchman, and then the Prisoner came up and was knockt down by a Chairman.
Mr. Warren deposed, that he overtook the Prisoner between Northumberland-House and Hungerford-Market, that there was no Body with him, and walking faster got before him; and at the End of Cecil Street, or thereabouts, saw a Gentleman in White Clothes trimm'd with Silver, make two Stabs at the Watchman, who fell down; that the Prisoner was not in the Fray at that time, but coming up presently after, was knockt down by a Chairman; that he was positive that one Man in Light Colour'd Clothes trimm'd with Silver gave the Deceased two Stabs, one before, the other in his Back; and that the Prisoner had Liver Colour'd Clothes on; and that when he was taken by a Watchman at the end of Southampton Street, the Mob cry'd out it was not he that kill'd the Watchman, but a Gentleman in Whitish clothes with Silver Trimming.
Edward Vaughan (a Smith in Cow Cross) deposed, that he saw two Watchman run along, one of them dropt, the other cry'd out, O Lord, he has kill'd my Companion; that a Gentleman in Grey trimm'd with Silver, came up with his Sword drawn, and prickt him in his Leather Apron, that he took him and had him to the Half-Moon-Tavern, that he got a Constable, and had him to the Round house, that his Sword was bloody above Six Inches, and he wiped it off; that he saw the Prisoner in the Round House but no Blood on his Clothes.
Daniel Maccey deposed, that the Deceased was his Companion, and that he took the Prisoner standing in the Crowd, some saying he was the Person that kill'd the Deceased; that he drew his Sword and found no more Blood on it, than on the Palm of his Hand; and that the Prisoner surrender'd himself without any Resistance, his Sword being then in his Scabbard.
One Dalton deposed, that he saw the Prisoner knockt down by a Chairman as he was crossing the Street, and that the Deceased was kill'd before the Prisoner came up.
- Ekins deposed, that the Deceased was kill'd, and the Mob crying out that the Prisoner was one of them, a Chairman knockt him down, but that he was not there till after the Deceased fell.
- Fox deposed, that he saw the Prisoner walk before him, but he walking faster than the Prisoner, got to the Fray before him, and saw the Deceased drop before the Prisoner came up, who was knockt down by a Chairman; that he parted with Ekins at Charing-Cross and met again at the Fray.
Mr. Pomroy deposed, that he met Mr. Jeffereyes (who absconds) at the Coffee-house, who told him that he was going on the Rake; and that he went to the Round-House to see them, where Mr. Celey told him, that the Prisoner, was not in the Fray, but came up after.
Col. Carpenter deposed, that he was present at their Examination before the Justice; and that Mr. Celey's Sword was Bloody, not the Prisoner's; that Langley and Rigby Swore before the Justice that another was the Man who kill'd the Deceased, and not the Prisoner.
He also called several to his Reputation, who gave him the Character of a Well-behav'd, Peaceable Gentleman, &c.
The Jury considering the whole Matter, brought him in Guilty of both Indictments. Death .
Elizabeth Anguers , of St. Martins in the Fields was indicted for privately stealing a Silver Watch value 4 l. and 31 s. and 6 d in Money from the Person of Patrick Harefoot , on the 20th of June last. But the Evidence not being sufficient, the Jury Acquitted her.
Patrick Pepper , of St. James Westminster was indicted for Assaulting Trefena Man on the High Way, putting her in Fear, and taking from her a Box, a Holland Shirt, a Holland Night Cap, 2 Silk Handkerchiefs, &c. to the value of 44s. the Goods of Moses Bellenger on the 30th of June last. Trefena Man deposed, that as she was going with the Goods through St. James's Park . She ask'd the Prisoner if she might carry them through St. James's House, without having the Centinel take them away, he said, Yes, No, he could not tell; bid her give him the Box; that she did, and he gave it to her again; then snatcht it from her and ran away with it. Mr. Pomroy deposed, that as he was Sitting at his Door, (the Green Dragon next the Duke of Marlborough's House,) the Girl ( Trefena Man ) came up crying stop Thief, Murder: and enquired after a Man with a Band Box, and the Prisoner having just run by with a Box, he pursued and took him in the King's Head Ale-House in Kingstreet with the Box of Goods on the Table before him; and asking him how he could have the Heart to rob so innocent a Child, he answer'd, that it was to Learn her more Wit. The Box and Goods taken on the Prisoner were produced in Court, and own'd by the Prosecutor. The Prisoner in his Defence pleaded, that he did not take them from her, but that she gave them to him both times. The Jury considering the Matter, found him Guilty of Felony only . Transportation .
Sarah Gray , of St. Clements Danes , was indicted for feloniously stealing a Sattin Gown, a Crape Petticoat, a Holland Smock, a Guinea and half, and 50 s. in Money, in the Dwelling-House of Richard Beck , on the 20th of March last. It appeared that the Prisoner was the Prosecutor's Servant and being left alone in the House, broke open a Chest of Drawers, took the Goods and Money and went to Oxford, where she was taken with the Goods upon her. The Jury found her Guilty to the value of 39s . Transportation .
Sarah Roberts , of St. Paul's Covent-Garden , was indicted for feloniously stealing a Silver Spoon value 8 s. the Goods of Amos Fern , on the 28th of June last. The Prosecutor deposed that he lost his Spoon from the Rose Tavern, Covent-Garden . Mr. Rawlins deposed that the Prisoner brought the Spoon to him to pawn, but there being the Prosecutor's Name and Place of Abode ingraved thereon, he carry'd the Prisoner and Spoon to the Prosecutor, who owned it. The Spoon was produced in Court. The Prisoner pleaded that one Smith brought the Spoon to her to pawn for him, but could not prove it: She also called several to her Reputation. The Jury found her Guilty to the value of 10 d . Transportation .
Edward Higgins , of St. Giles in the Fields , was indicted for feloniously stealing 3 Caffoy Coach Seats, value 3 l. the Goods of Charles Gosling Esq ; on the 6th of this Instant July . Thomas Collet deposed that the Prisoner took 3 Coach Seats out of his Master's Coach, and was taking the Fourth; which he perceiving, gave him a cut with his Whip, jumpt off the Coach-Box, cry'd out stop Thief, follow'd and took him with one of the Seats in his Apron.-Nightingal deposed, that he hearing the cry of stop Thief, followed the Prisoner, saw him drop two of the Seats, and that one was found in his Apron. The Jury found him Guilty . Transportation .
John Lewis , of St. James's Westminster , was indicted for feloniously stealing two pair of Sheets , the Goods of Eleanor Tollet . But it appearing to be a malicious Prosecution, the Jury Acquitted him, and the Court granted him a Copy of his Indictment.
Bartholomew Ravish , of St. James's Westminster was indicted for the Murder of Henry Brooks , by giving him a Mortal Wound on the Left Part of his Head on the 20th of May last, of which he languish'd till the 15th of June, and then died . He was also indicted a Second time on the Coroners Inquest for the same. Theodore Amion deposed, that the Deceased had a Dangerous Wound on the Left Part of his Head, but was in a fair way of Recovery, having overcome all the Accidents liable to Trepanning; had liv'd 15James Rotier deposed, that he was call'd to dress the Wound, and finding it of great Cousequence desired that another might be sent for; that it would have been cured but for the Deceased's Irregularity, who would Work, and Eat and Drink what was forbid. Mrs. Brooks deposed, that her Son (the Deceased) told her, that his Master (the Prisoner) threatned him the Day before, and struck him with a Bridle, which occasioned the Wound. The Prisoner in his Defence said, that the Deceased was his Apprentice, had lived with him 3 Years and half; that he loved him very well, and never gave him but Common Correction; he also called a great many to his Reputation who gave him a very good Character, and deposed that the Deceased had a great Respect for him for the kind usage he received from him, and that they lived very well together. The Jury considering the matter, Acquitted him.
John Howel , of St. John at Wapping , was indicted for feloniously setting on Fire the Reed-Loft of Thomas West Esq ; and Robert Hacket , whereby that Loft and Ten Houses about it were burnt . George Tickner deposed that he was on board a Yatch, and seeing a Smoak went on Shoar about 2 a Clock in the Morning, that he saw a Man come out of the Reed-Loft, whom he deliver'd to Mr. Hawkins. Matthew Hawkins deposed, that Capt. Tickner deliver'd the Prisoner to him, but he got away: That he was sure the Prisoner was the Person. Another deposed, that he took the Prisoner on board a Ship at Deptford, who desired him to let him go, or he was ruin'd. Henry Brown and -- Holman deposed, they saw a Man come out of the Reed-Loft with his Coat off, but could not swear the Prisoner was the Person. Susannah Harlow deposed, that she heard the Prisoner say a Week or Fortnight before, that if it was not for the sake of one young Woman, he would set all Wapping on Fire. Two others deposed, that they saw 3 or 4 Persons running along, and that one of them said, there should be a bigger Fire by and by. The Prisoner in his Defence said, that he was afraid of Bailiffs, and had not Money to pay for a Lodging; that he had lain in the Reed-Loft several Nights before; that he smoakt a Pipe of Tobacco that Night before he went up into the Loft, but did not remember that he took the Pipe up with him; that waking and finding the Fire all about his Ears, he ran away from it in a great Fright. He called a great many to his Reputation. The Jury considering the Matter, Acquitted him.
Elizabeth Jetson of St. John at Wapping , was indicted for feloniously stealing two Muslin Pinners. a Black Hood, and a Cambrick Handkerchief , the Goods of John Collins , on the 14th of April last. But the Evidence not being sufficient, the Jury Acquitted her.
Lucius Owen , of St. Martins in the Fields , was indicted for feloniously stealing a pair of Silver Buckles value 2 s. and a Sword value 10 s. the Goods of Edward Barcock , on the 13th of July last. It appeared that the Prosecutor had been at the Restoration Gardens in Southwark, and being detained there by the Rain till it was late, the Prisoner and another offer'd their Service to see him and his Friends safe over the Fields; that he gave them two Bottles of Wine, and they would get a Boat; when they came to the Waterside they said they would see him Home if he would make them Drink, which he (the Prosecutor) readily agreed to; and being got safe on this side the Water, called at a House he used to frequent and treated them with Punch, that the Woman of the House perceiving him to be much in Liquor, persuaded him to lie there, and not venture any farther, so late; that she provided a Bed for him in one Room, and another for the Prisoner and the Person who came with him in another Room; that the Prisoner carry'd the Key of the outer Door up Stairs with him, but the Man of the House enquiring after it, made his Wife fetch it down again, and bring it to him; that when the Prosecutor was a Bed, the Prisoner went into the Room where he lay, and took his Buckles out of his Shoes, and his Sword off the Table, and (the Key being Secur'd by the Master of the House, so that he could not open the Door) was breaking out at the Window with the Sword in his Hand; but being seen by the Watchman, was taken, who took the Sword from him and secured him. The Prisoner in his Defence said, that the Gentleman made him Drunk with Wine and Punch, and he did not know what he did. The Jury found him Guilty . Transportation .
John Thompson , Joseph Brown , Mary Dunford , Mark Travilian and Elizabeth Campbell alias Hastings , of St. Dunstan at Stepney , were indicted, the former for that he the 19th Day of May last, did Assault, take, and forcibly lead away Rachael Rogers Widow , worth about 1000 l. in Money and Goods, and 30 l. per Annum, with an Intent to Marry and deflower the said Rachel Rogers against her Will; contrary to an Act of Parliament made in the Reign of Henry 7. and Joseph Brown, Mary Dunford and Mary Travilian for aiding and assisting the said John Thompson : and Elizabeth Campbell alias Hastings for receiving them into her House against the Consent of the said Rachel Rogers . The Council for the Prosecutor set forth that she was a Widow betwixt 60 and 70 Years of Age, worth near 20 or 30000 l. and lived at Lambeth; that Thompson assumed the Habit of a Clergy-man. by which means he obtained access to her; that the Prosecutor using to lend Money out at Interest, Thompson agrees with Campbell to send for her to her House in Ratcliff-high-way to receive some Interest Money; which the Prosecutor was very ready to do; and as she was going over the Fields was met by Thompson, who offer'd his Service to wait on her thither; but she refused it: That she went to Mrs. Campbell's, and having received her Interest Money Mrs. Campbell ask'd her to stay and dine; which she willingly did; but when they were set down to Dinner, Thompson, to her great surprise, came out of another Room and sat down with them; that being sleepy after Dinner, she took a Nap. and they carried her up Stairs, undrest her to her Shift, and put her to Bed: that Brown tied her Legs to the Bed-Posts, and Dunford and Travilian held her Arms. while Thompson, who said he was married to her, went to Bed to her, and had Carnal-Knowledge of her against her Consent; who afterwards took her Keys and went to her Dwelling at Lambeth and took possession of her Treasure. To prove this they called Rachel Rogers, but the Council for the Prisoners objected against her, saying that she could not be an Evidence against Thompson, because she was married to him; which after som Dispute between the Council was granted that if she was married to him she could not, but denied that she was lawfully married to him, and put it on the Prisoner to prove that he was; who called Mr. Mottram , a Clergy-man, who deposed that he received a Letter from Mr. Thompson, wherein he told him that he had at last obtain'd Mrs Roger's Consent to be Married to him. and desired him to come to Mrs. Campbell's in Ratcliff-high-way, to perform the Ceremony; that he went and Married them according to the Order of the Church of England, on the 19th of May last. about 3 a Clock in the Afternoon in Mrs. Campbell's Parlour, and that there was no Force offered; that there were none present but themselves, and he asking why they would have it done so very private, was answered that if it should be known she should be a Town talk. The Marriage being thus prov'd, and the Prosecutor having no other Evidence, the Jury Acquitted them.
Ann Jones , of St. Giles in the Fields , was indicted for the Murder of her Male Bastard Child, by throwing it into a House of Office , on the 9th of June last. She was indicted a Second time on the Coroner's Inquest for the same. It appeared that the Prisoner being with Child, went to her Sister's, and ask'd for her, complaining that she was not well; that she went down Stairs, and being follow'd, was found sitting on the Vault; that being ask'd whether she was not with Child, she denied that she was to one Woman, and said that she never knew any Man; but confest
Peter Cornelius , of St. Leonard Shorditch , was indicted for Assaulting Dorothy Orwell on the High-Way, and tearing and cutting her Callicoe Gown and Petticoat , on the 24th of June last. The Prosecutor deposed, that she was Assaulted by a Multitude of Weaver s in Red-Lion-Fields in Hoxton , who tore, cut, and pull'd off her Gown and Petticoat by Violence, threatned her-with vile Language, and left her naked in the Fields; that she was in such a Fright that she did not know them again. Thomas Painter deposed, that he saw the Prisoner tear the Prosecutor's Gown and Petticoat; that he knows him well; and that he (this Evidence) snatcht that piece of Callicoe out of his Hand and ran away with it; which peice of Callicoe was produced in Court and Swore by the Prosecutor to be part of her Gown; that the Prisoner tuckt up his Apron to prevent his being known by it. John Web deposed, that he was with the Prisoner at the same time, and took her in his Arms to save her from their Rage; that he desired them to be easy and they should have her Callicoe, but they tore it off by Violence, and cut his Hand. Mr. Clarke deposed, that he saw the Mob Assault the Prosecutor, and tear and cut her Clothes; that he and the former Evidence put a Man's Coat on her, and went with her to the Red Lion; where Thomas Painter came to them, and said that the Prisoner was one of them; whereupon they got a Warrant and took him up. The Prisoner in his Defence said, that he had been washing in the New-River, and meeting the Crowd as he came back, jumpt off the Causeway into the Field to get out of the way for fear of Trouble; but did not Assault the Prosecutor, nor tear her Clothes; and call'd the following Evidence to prove it: The first deposed, that he had been with the Prisoner washing in the New-River, confirm'd his jumping off the Causeway to avoid the Crowd; and farther deposed, that he saw the Callicoe in Painter's Hand, who shewed it to him, but cou'd not tell whether the Prisoner had it in his Hand or not. Another deposed, that he hearing a Noise, went to see what was the matter; that the Clothes were tearing before he came up, and that he saw the Prisoner in the Fields, not on the Causeway, going home, and that he had no Callicoe in his Hand. Another deposed, that the Prisoner being at his Door, this Evidence said to him, there's a Noise and a Fighting, I never did see such things, if you will go with me, I will go; but the Prisoner refused, saying, he did not like such Things, that we might came into Trouble about it. The Jury considering the whole matter found him Guilty . Transportation .
David Lazenby , of St. Andrew's Holbourn , was indicted for breaking open the House of Charles Wood , Esq ; in the Night-time, and taking thence 16 Holland Shirts, 6 Sheets, 5 Holland Bands, 4 Pillowbears, 6 Muslin Cravats, a Beaver Hat, a Cloth Coat and Wastcoat a pair of Worsted Stockings, 4 Turnovers, and divers other Goods , on the 11th of November . The Prosecutor deposed that he went out of his Chamber in Lincolns-Inn (which looks into the Garden) between 8 and 9 to drink a Glass of Wine with a Friend or two; that when he came Home about 11 he found a Stone in the Lock of his Door that he could not put his Key in; that he got a Porter to draw it out with a Fork, and opening his Door heard somebody in his Chamber, drew his Sword and went in. saw a Person get out at his Sash, and lost the Goods mentioned in the Indictment, William Downing deposed, that the Prisoner. Best (who died in Newgate) and Smith (who was Executed for it) and himself committed the Fact; that he help'd Best and Smith over the Wall into Lincolns-Inn-Gardens, where they broke into the Prosecutor's Chambers while this Evidence went round and put a Stone into the Lock to prevent surprise; that he met the Prisoner, who told him that he knew what they were upon, they had done the Business; that the Prisoner carried off part of the Goods, and had his Share of 10 s. Spent amongst them that Night, and was to have his Share of the rest next Day. The Prisoner denied the Fact, or that he knew Downing and called several to his Reputation.
He was a second time indicted for breaking open the Dwelling House of Robert Atkins of New-Inn Gent. on the 19th of November , and taking thence 2 Duroy Coats and Wastcoats, and divers other Goods . The Prosecutor deposed, that he lost his Goods out of his Chambers the Night aforesaid. William Downing deposed, that the Prisoner, Best, and himself going through New-Inn observed some Buildings, and that a Ladder which stood there would reach the Prosecutor's Window; that at Night they went and set it there, that the Prisoner and Best went up the Ladder and got in at the Window and threw the Goods out into the Garden, and this Evidence waited below; that they sold their Booty for 10 l. and the Prisoner had his Share of it: But being ask'd whether the Window was open, he said it was so Dark that he could not tell: and the Prosecutor deposed that his Man told him it was shut when he went out. The Jury found him Guilty of both Indictments Death .
William Giles , of St. James's Westminster , was indicted for feloniously stealing a Shop-Book, value 2 s. 6 d. the Goods of John Ealand , on the 2d of June last. The Prosecutor deposed, that while he was shutting up his Shop, he saw the Prisoner come in and take the Book, that there was another stood at his Door and they ran away together; that he followed them and kept sight of the Prisoner till he took him; that about 3 Days after the Book was brought again, and dropt in his Shop. The Jury found him Guilty to the value of 10 d . Transportation .
Elizabeth Pettifer , alias Saunders , of St. Martins in the Fields , was indicted for feloniously stealing a Linnen Clout, 2 Aprons, and a Handkerchief , the Goods of James Forbs , on the 1st of June last. It appeared that the Prisoner had washt for the Prosecutor's Wife about six Months, who missing the Goods, charged her with them, which she confess'd and told where she had pawn'd them, and they were found accordinly. The Jury found her Guilty to the value of 10 d . Transportation .
Jane Worsley , of St. Andrews Holbourn , was indicted for feloniously stealing a Holland Shirt, 3 Smocks, 5 Aprons, 4 Handkerchiefs, a Muslin Pinner, and a Perriwig . The Muslin Pinner was found on her Head, and she was heard by several to swear that she robb'd the Prosecutor's Room. The Jury found her Guilty to the value of 10 d . Transportation .
William Hawkins , of St. Dustan at Stepney , was indicted for Assaulting Richard Haddock Esq ; on the High Way, putting him in Fear, and taking from him a Gold Watch, a Green Purse, 3 Guineas, a Box of Prunelloes and a Sword , on the 20th of November. 1718 . Captain Haddock deposed, that he was robb'd of the Goods mention'd in the Indictment, by 3 Men at Mile-End , about 6 in the Evening the Day aforesaid, but it was so dark that he could not swear to the Prisoner, that hearing one Edward Pocock was in New-Prison, and own'd that he was concern'd in that Robbery, he sent his Servant to him to see what Discovery he would make. Capt. Haddock's Servant deposed, that Pocock gave a very particular Description of the Robbery, as that there was a Shilling in the Box of Prunelloes, and that a Lanthorn past by at the same time, which was very true. Edward Pocock deposed, that the Prisoner, John Dampney and himself committed the Robbery in the Road turning out at Mile-End to Stepney; that the Prisoner and Dempsey stopt the Coach; and he prevented the Capt. Man's getting down from behind it; that they took the Goods mention'd in the Indictment, and thatHumphrey Parsons 's House at Ryegate from March till the 20th of November, when he came up with his Family; and call'd the following Evidence to prove it. Thomas Palmer deposed, that he has known the Prisoner from a Child, and had employ'd him as a Journeyman to work for him (a Plaisterer) in the best of Houses and always found him honest, that he sent him down to Mr. Parsons's House at Ryegate in March to look after the other Workmen there, that his Wife and Family were with him, and that he came up in November, but was not positive as to the Day of the Month, that it was of a Sunday, and he believes the nearest Sunday to the 20th, that he rode up 2 or 3 times in that space to give him an Account how Business went on there; The Prisoner also called a great many to his Reputation, who gave him the Character of a very industrious Man, and that he workt hard at his Business to maintain his Family, sometimes under other Men, and sometimes undertook Business himself. The Jury considering the whole matter, Acquitted him.
Ann Burrel , was indicted for feloniously stealing a Silver Snuff-Box value 5 s. a Gold Ring with a Tortoise Stone set with Diamonds value 3 l. a Gold Ring value 6 s. a Silver Seal, a Medal and 3 Guineas, the Goods of Thomas Barber , in the Dwelling House of William Alderton , on the 28th of June last. Thomas Barber deposed, that the Prisoner went up to clean the House, that his Room and Box were open, that she went in and took the Goods; and pretended to go out for a Farthing's worth of Thread, but did not return again; that he found her in White-Chappel the Saturday following, when she confest the Fact. Her Confession before the Justice was read in Court, and the Jury found her Guilty to the value of 39 s . Transportation .
Edward Husler , of St. James's Westminster , was indicted for feloniously stealing two Cloth Seats of a Coach value 20 s. the Goods of Thomas Edwin Esq. on the 5th of July last. It appeared that the Prisoner being seen to draw something out of the Coach, was pursued and taken within 30 Yards of the Place, with one of the Seats upon him. The Jury found him Guilty to the value of 4 s. 10 d. Transportation .
It appeared that the Prisoner was taken picking of Pockets in the Passage to the Masquerade-House the Night aforesaid, and 4 Handkerchiefs found upon him, one of which was owned by David Clark , another by Thomas Hopper , but John Wigg not appearing against him, the Jury Acquitted him of that indictment , and found him Guilty of the other two to the value of 10 d. each . Transportation .
Henry Nelson , of St. Giles in the Fields , was indicted for privately stealing a Pocket, a Silver Spoon, a Thimble, an Iron Ring with 4 Keys on it, a pair of Scissors, and a Tobacco Stopper, from the Person of John Nest , on the 19th of June last. The Fact being plain against him, the Jury found him Guilty to the value of 10 d . Transportation .
Jane Clark and Mary Perry , of St. John Wapping , were indicted for felonously stealing a Crape Petticoat , the Goods of Elizabeth Squire , on the 30th of June last. But the Evidence not being sufficient, the Jury Acquitted them.
Thomas Merrick , of St. Margaret's Westminster , was indicted for committing a Rape on the Body of Charity Land on the 27th of June last. Sarah Rogers deposed, that the Prisoner owned before the Justice that he had lain with her. The Girl's Mother deposed, that she having a Suspicion that her Daughter had been abused by the Marks she found on her Linnen, Examin'd her very strictly, and she told her that the Prisoner (who is in the 83d Year of his Age, and lives in an Alms House about a Quarter of a Mile from her) gave her some Flowers, and she followed him into his Room, laid herself on his Bed, and he lay with her once, and no more. The Girl (who is between 11 and 12 Years of Age) being ask'd whether she knew what an Oath was, answered that she did not: and said that she went to the Prisoner's for some Flowers 3 several times, viz. Two Sundays and a Monday; that she never complained of what the prisoner had done to her till her Mother found it out; that the Prisoner told her that the Garden and all the Flowers in it should be hers, but that if she told any Body what he did to her, she must be hang'd. The Jury considering the matter, Acquitted him.
Roger Mansuer , Mary Chapman and Elizabeth Johnson , of St. James's Westminster , were indicted, the former for the Murder of James White , by giving him a Mortal Wound on his Right Side near the Right Pap of the breadth of a quarter of an Inch, and the depth of ten Inches on the Sixteenth of June last, of which he instantly died ; and Mary Chapman and Elizabeth Johnson for being aiding, abetting, and assisting in the same . They were likewise indicted on the Coroner's Inquest for the same; and he was also indicted on the Statute of Stabbing. Mr. Boughtonn deposed, that on the 4th of June Mr. White (the Deceased) applied himself to him to borrow 200 l. for the Prisoner, who he said was a Gentleman of an Estate of 200 l. a Year in Essex, and 5 or 600 l. a Year in the North of England, but was under Age; that he intended to sell his Estate in Essex, and they who lent the Money might have it: whereupon he went to Mr. Mowson a Scrivener to negotiate the matter, who appointed to meet him at the Fountain-Tavern in the Strand.
Robert Ball deposed, that the Deceased sent him to the Prisoner in Poland-Street , to tell him that he would meet him at the Fountain-Tavern at 7 a Clock that Night, that the Maid carried up the Message to the Prisoner, and when she came down again said, that she must go along with him, and did so.
Mary Savage deposed, that the Deceased sent a Porter to their House about 6 a Clock, and the Maid carried up the Message to Mr. Mansuer, and when she came down again, told her, that the Deceased had sent for him to the Fountain Tavern, and she was going to tell him, that he was not very well, and desired Mr. White to come to him, and if he had a Friend with him to bring him also, and they should be welcome; but before she return'd Mr. White came in a Coach and went up Stairs; that the Maid came back just after and went up to make her Beds; that she heard somebody knock, and the Maid came down and discharg'd the Coach, and ask'd her for a Bottle of Wine, which she gave her; that she (this Evidence) not being very well fell asleep in the Kitchen; that she awak'd, and thinking that she had been call'd, look'd up and saw the Legs of two Men come out of the Yard, and heard one of them, whom she thought to be the Prisoner, go up Stairs; that afterwards she heard the Door clap, and the Maid call'd her up, saying she fear'd Mr. White was kill'd: that when she came up she found him lying on the Ground by the Parlour Door with his Head on the lowermost Stair; that Mr. Mansuer and Mrs. Chapman were gone out; but she came back again in about Half an Hour; that there was no Sword found but that which was broke.
Mrs. Pearson deposed, that as she was setting in a Room which lookt into Mansuer's, she saw him and Chapman drinking Wine and Playing at Cards together; that she saw a Man come up in Brown Clothes lined with Green (which proved to be the Deceased) whom they offer'd Wine, and put down the Window; that she this Evidence went down, and heard the Clashing of Swords; that she afterwards saw Mansuer open the Window and look out without his Wig, with a Sword in his Hand whole, and Mrs. Chapman cry'd and took on.
Mr. H dding deposed that he met Johnson who wanted to go for a Constable or a Surgeon; that he went in and saw the Deceased lie dead, at the Bottom of the Stairs towards his Right side, with a Piece of Sword through his Sleeve; that the Maid said, her Master and Mistress were gone to to the Bagnio in Silver Street, that he went there, but could not find them; that when he came back the House was full; that Mrs. Chapman came back again; and the Maid said, that she and Mr. Mansuer were at Cards together in the Back Room, when the Deceased went up: then I suppose (said he) he was kill'd in that Room; and she reply'd, No, he was not.
William Gordon deposed, that he went in and saw a Man lie Dead, and meeting the Maid, ask'd her how it came, and whether the Deceased had a Sword; she answered he had; that he lookt under his Coat and saw a Belt but no Sword, but the Pint of one in the Deceased's Sleeve, that he went up Stairs and found the Hilt and part of the Blade of a Sword which matcht with the Point found in the Deceased's Sleeve, which she said was her Master's; that there was no Blood on the Floor where he lay; and that the Deceased had Brown Clothes lined with Green.
Mr. Toffel deposed, that he being in his own Room, which is against Mr. Mansuer's, he saw him come into the Back Room, that he went out and came in again and fetcht his sword, and said, Mr. White, you have-challenged me, and I'll give you Satisfaction, bid him draw, and was going down Stairs; that Mrs. Chapman catcht at him and said what are you going to do? that he heard the clashing of Sword; saw Mansuer come up again and look out of the Window, and believes without his Wig; that he that went down first was in Brown Clothes.
Mr. Singleton deposed, that he saw the Deceased lie dead on the Floor with a Piece of Sword in his Sleeve, that there were two Drops of Blood on the Stairs, but no Blood above Stairs, but a Piece of a Sword found there.
Mr. Crudeson deposed, that he saw the Deceased lie on the Floor with a Point of a Sword in his Sleeve, but saw no Blood; that Mrs. Chapman said that White would not fight Mansuer in the House, if he would go out he would give him Satisfaction.
Mr. Walker deposed, that he observed the Body of the Deceased and found 3 Wounds one through his Body which went in between the third and fourth Ribs on the Right Side, through his Heart and Lungs, and came out by the 9th Rib on the Left Side; one cross the Left Shoulder, directly cross, the Back Orifice largest, and he judg'd it to be received backward, that the Point of a Sword was stuck in his Sleeve in and out two or three times, and he believed that it was done after he was dead; and that the Sword was broke on Purpose and not in Fighting; and that he believes the Moment be received the Wound through his Heart he must drop down, and not be able to come out of the Yard.
Mr. Purchas deposed, that he saw the Yard, and that it was about 8 Foot wide.
The Prisoner in his Defence said to this Purpose, that the Deceased came to Mrs. Chapman's to enquire who should be accountable for 4 Tickets which she had received a few Nights before at the Play house; the Maid told him that the Gentleman who lodg'd there would take care to pay him; but desired him not to be too importunate, because she believed he was at that time streightened for Money, upon which the Deceased ask'd her what he was. she reply'd a Gentleman of a Fortune, but under Age; the Deceased then proposed to procure him Money to serve his Occasions; and he not having received from his Guardian according to his Expectation gladly embraced the Opportunity; but after many promises not finding any performance, he began to suspect his Sincerity, and wrote him a Letter, wherein he told him that his Words were no more than Puffs of Wind, and that he would no longer rely upon him, but make Application to some other Person. That the Deceased about two Days after came to his Lodgings in Poland-Street with a Sword by his Side, and demanded what he meant by writing such a Letter; he told him that he thought it was not done without Reason after so many Disappointments, but to shew that he had no Intention to quarrel with him, ask'd him to set down and drink a Glass of Wine as usual, which he did; but soon began to offer fresh Insults, calling him a ridiculons Fellow, and Several other scurrilous Names: that he begg'd of him to desist, which he would not, but swore he would have Satisfaction of him, and that before they parted. That he finding himself obliged to Fight, or suffer himself to be sacrificed, desired that it might be done in the Chamber; upon which he call'd him a sorry Rascal, and said that his Lodgings were his only Protection, otherwise he would have had Satisfaction of him before, and then swore that he should instantly go down into the Street and fight him. That he finding that the Passion of the Deceased was not to be appeased, went down into the Yard; that the Deceased followed him, and not finding the Street Door open, violently rusht upon him in the Yard with his Sword drawn, where in his own Defence this Misfortune happen'd.
Capt. Douglas deposed, that he met the Deceased about 7 a Clock that Evening without a Sword, who asked him when he saw Mr. Mansuer; that he (the Deceased) told him Mr. Mansuer had wrote him an affronting Letter, wherein be says that his Words are no more to be rely'd on than Puffs of Wind; and that he was going to him for Satisfaction. That after it was over Mr. Mansuer came to him to the Fleece, and Mrs. Chapman with him, and he understanding by them what had happen'd, told her that she should not have come out of her House; whereupon she went home again presently.
A Maid at the Fountain-Tavern in the Strand deposed, that the Deceased came into the Kitchen, and ask'd if such a Gentleman used to dine there, (not naming the Prisoner) that he was in a Passion, said he had received a gross Affront from the Prisoner, and swore he would be reveng'd; that he order'd a Drawer to call him a Porter, which he did, and the Deceased sent him for his Sword.
James Griffiths deposed, that the Deceased sent him to Little Wild-street for his Sword, and bid him tell his Wife or Maid, if they should say any thing, that it was for no Harm, he was to meet some Gentlemen there that Night; that he brought the Sword to him to the Fountain, and call'd a Coach for him; that he said he was going to Poland-street, and bid him leave Word at the Bar that he was gone thither, and if a Gentleman came to ask for him, to desire him to follow him, or to send for him and he would come back presently.
Thomas Redbourn confirmed the Deceased's coming into the Kitchen, and sending a Porter for his Sword; and farther deposed, that he left word if a Gentleman came to ask for him, to shew him up Stairs into a Room by himself, and tell him he would come up presently. That the Porter brought the Sword, and the Deceased went away, saying he was going to Poland-street, and left the same Directions at the Bar as the former Evidence deposed.
Mr. Robinson deposed, that he met the Deceased at the Mitre by the Temple talking with a Gentleman, that he heard him call Scoundrel, and say he would take an Opportunity to do himself Justice.
Mr. Blackman deposed, that he hearing a Noise, came to the Window and saw the Prisoner's Arm extended, his Back against the back Door in the Yard, and heard the Clashing of Swords; that it lasted about a Minute; and afterwards saw him look out of the Window up one pair of Stairs.
Mr. Mahon and Capt. Jones accounted for the Wounds.
Mr. Shipton, a Surgeon, deposed that he had examined near 20 of the best Authors on that Subject, upon this occasion, who agree that persons have lived with Wounds in the Heart, even thro' the Heart, some while they have gone 20 or 30 Paces, some longer and others shorter time, and that a Wound in the Lungs is not present Death.
Mr. Broadhurst deposed, that the Prisoner sent him to see if the Deceased was dead, and if not to get a Surgeon for him as soon as he could.
He also called several to his Reputation, who gave him a very good Character, and deposed, that he was Universally Beloved both in the Country where he liv'd, and in the University of Cambridge, for his quiet and good Behaviour.
The Jury considering the whole Matter, acquitted Mary Chapman and Elizabeth Johnson; and found Roger Mansuer Guilty of Manslaughter only . Burnt in the Hand .
Edward Eley , against whom an Indictment of Murder was found for killing Charles Bignal , in Dollars Island in the Kingdom of Sweeden , and for the Tryal of whom a Special Commission was issued out; upon Affidavit that several material Witnesses in that Cafe are now on board the Fleet under the Command of Sir John Norris in the Baltick, the said Commission and Tryal was Adjourned till next Sessions.
The Tryals being over, the Court proceeded to give Judgment as followeth;
Burnt in the Hand. 3.
To be Transported. 18.
John Holms , Margaret Townley , William Williams , Richard Trantum , Jane Wheatley , Patrick Pepper , Sarah Grey , Sarah Roberts , Edward Higgins , Peter Cornelius , Lucius Owen , William Giles , Elizabeth Pettifer , Jane Worsley , Ann Burrel , Edward Husler , Edward Blacksby , and Henry Nelson
Mary James alias Simpson, pleaded her Belly, and a Jury of Matrons being impannell'd, brought her in Not with Quick Child.