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, Friday, and Saturday, being the 7th, 8th, 9th and 10th of this Instant September, 1720. In the Seventh Year of His MAJESTY's Reign.
19. Sept. 1720.
BEFORE the Right Honorable Sir GEORGE THOROLD , Kt. and Baronet, Lord Mayor of the City of London; Mr. Justice Fortesque, 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:
Michael Vine , of St. Mary Le Bow , was indicted for privately stealing a Silk Handkerchief value 2 s. from the Person of James Cooper , on the 29th of July last. The Prosecutor deposed, that the Prisoner and another jostled him and past by, that he had a suspicion of them and afterwards found them as making Water; that the Prisoner kept close to him, and he feeling of him draw his Handkerchief out of his Pocket at the end of Bow-Lane , took him by the Collar and found it in his Hand-before he could put it up. The Prisoner denied the Fact, and said he was prosecuted out of an old Grudge: but could not prove it or call any to his Reputation. The Jury considering the matter found him guilty to the value of 10 d . Transportation .
John Tracey of St. Botolph without Bishopsgate , was indicted for privately stealing 13 pound weight of Copper value 13 s. out of the Shop of Andrew Niblett , on the 7th of July last. But the Evidence not being Sufficient the Jury acquitted him.
Alice Thompson , of St. Brides , was indicted for feloniously stealing 2 Silver Tea Spoons, 4 Damask Napkins, a Tablecloth, &c. the Goods of Thomas Partington ; and a Holland Apron, a Holland Shift, and a Diamond Spark, the Goods of Abigail Partington , on the 25th of August last. The Prosecutor deposed that the Prisoner had been his Servant about 3 Weeks, and that he mist his Spoons. Abigail Partington deposed that she found one of the Spoons and some of the Linnen in the Prisoner's Box in her Chamber, and the other Spoon and the rest of the Goods in the Prisoner's Trunk which she had left at a House on Ludgate-Hill. The Constable deposed that he saw the Prisoner open her Trunk with her own Key, and take out the Spoon and other Goods as before. The Goods were produc'd in Court and swore to by the Prosecutor. The Prisoner in her Defence said, that she took them through a mistake, and called several to her Reputation, who gave her a good Character. The Jury considering the matter, found her Guilty to the value of 4 s. and 10 . Transportation .
John Richardson , of St. Michael at Queenhith , was indicted for feloniously stealing 8 Holland Shifts, 5 Aprons, 3 Suits of Headclothes, 3 pair of Muslin Ruffles, and divers other Goods to the value of 5 l, the Goods of Philip Godby , in the Dwelling House of John Wood on the 1st of August last. But the Evidence not being sufficient, the Jury acquitted him.
John Bates and Valentine Coultson , of St. Brides , were indicted for privately stealing a Silver Watch value 20 s. from the Person of Thomas Barr , on the 1st of August last. The Prosecutor deposed that he was in Company with the Prisoners at the Sign of the Cock , and fell asleep; that when he wak'd his Watch was gone, but could not swear either of the Prisoners had it; whereupon the Jury Acquitted them.
Ann Mason , of St. Andrews Holbourn , was indicted for feloniously stealing a Muslin Apron, a Silk Handkerchief, a Suit of Headclothes, a piece of Gold call'd a Jacobus, 5 pieces of old Silver value 5 s. and 19 s. in Money, on the Dwelling House of John Usher on the 1st of March last. The Prosecutor deposed that the Prisoner was his Servant , and that he having lost Money several times suspected her, whereupon he went to Susan Ashton (who recommended her to him) to acquaint her with it, and she came to his House, searcht the Prisoner and ript the piece of Gold out of her Petticoat where it had been sewed up; that he found 2 pieces of the old Silver at Mr. Waters's whereSusannah Ashton confirmed the Doctor's coming to her and her going with him, and ripping a piece of Gold and a Shilling out of her Petticoat; and farther deposed that the Prisoner owned that the Broad Piece was the Doctor's. Mr. Waters deposed that the Prosecutor found a 6 d. of K. Charles l. and a Groat of K. Henry VIII. in his Glass, and said they were his, and gave him a shilling for them again, Thomas Wells deposed, that one Ann Mason brought an Apron and a suit of Headclothes to him, but could not swear the Prisoner was the Person. The Prisoner deny'd the Fact, and said the Prosecutor had wrong'd her of 13 l. and call'd an Officer who deposed that he had arrested the Prosecutor in July last for 10 l. at the Prisoners Suit. Another deposed that he ask'd the Prosecutor why he did not serve the Warrant on her before, having taken it out 5 Months ago: to which the Prosecutor being call'd to answer reply'd, that he was inform'd by the Justice that he might do it when he pleased, and that he had not done it now but that he was inform'd that she was got into an ill Gang, some of which have been already Executed, and he was afraid of having his House broke open by her and her Accomplices. The Jury considering the whole matter found her Guilty to the value of 10 d . Transportation .
Nicholas Robinson , of St. Sepulchres , was indicted for feloniously stealing 19 Guineas and 1 s. the Money of John Egglinton , in the Dwelling House of Richard Stanton , on the 7th of August last. But the Evidence nor being sufficient, the Jury Acquitted him.
Margaret Alshear , of St. Brides , was indicted for feloniously stealing a Silver Spoon value 13 s. the Goods of John Taylor , on the 21st of July last. But the Evidence not being sufficient, the Jury Acquitted her.
Joseph Birch , of St. Giles without Cripplegate , was indicted for feloniously stealing 32 Pieces of Upper-Leathers for Shoes, value 10 s. the Goods of Laurence James , on the 22d of July last. The Prosecutor deposed, that the Prisoner came to lodge with him by the Name of Bryon, and did some Work; that he lost 16 pair of Upper-Leathers, and found three pair of them on the Prisoner, who then told him that he gave a Fellow 9 d. for selling the other 13 pair. Two others confirmed the taking the 3 pair upon him. The Prisoner denied the Fact, but called none to his Reputation. The Jury considering the matter found him Guilty to the value of 10 d . Transportation .
Elizabeth Jerrom , of St. Sepulchers , was indicted for privately stealing 6 Guineas and an Half, and 8 s. 6 d. in Money, from the Person of Robert Stafford , on the 2d of this Instant September . The Prosecutor deposed, that he had been Merry-making, and going home he met the Prisoner in Chick Lane , and askt her the way to such a Place; she told him if he would give her a Mugg she would shew him; that he went into a House with her, had several Muggs of Beer and paid for them; that his Money was in his Pocket before, but when he came out it was all gone; that there was another Woman in Company, and that he could not tell certainly when he lost it. Abraham Browning deposed, that he is a Watchman in Chick Lane, and saw two Women run down; that the Prosecutor came after grumbling for the Loss of his Money; that the Prisoner came back again and the Prosecutor charged him with her, whereupon he carried them to the Compter. The Prisoner in her Defence said that she was going of an Errand, and the Prosecutor met her and said he would give her a Pint or two of Wine; that he shoved her headlong into a Brandy-Shop, call'd for quartern of Brandy, then a Bottle of China Ale, then more Brandy, and Ale for 3 or 4 Times one after another; that another Woman came in, and he call'd for a quartern of Usquebaugh, let down his Breaches, pull'd up his Shirt, and bid them see what he had got; that the other Woman asked him to go with her to her Lodgings; that he went out with her, and she (the Prisoner) went after; that she would have gone sooner, but the Prosecutor held the Door and would not let her. She called several to her Reputation who gave her the Character of a very Honest Woman, that they had entrusted her and always found her so. The Jury considering the matter Acquitted her.
John Sparks of St. Brides was indicted for a Felony in taking to Wife , his first Wife Elizabeth Cook being then living . Alexander Lieth deposed, that he married the Prisoner to Elizabeth Cook, Widow, at St. Paul's Church in Bedford on the 11 th of September in the 12th of Queen Ann, and that she was still living, for he dined with her this very Day. Two Evidences appeared to prove the second Marriage, One deposed that he gave D - M - in Marriage to the Prisoner on the 28th of February last; and another, who deposed that she was present at the same time and saw them married. The Fact being thus fully proved, the Jury found him Guilty . Burnt in the Hand .
Thomas Higden , of St. Brides , was indicted for feloniously stealing 4 Brass Pulleys 50 Pound Weight of Lead and an Iron Case, in all to the value of 40 s. the Goods of the Governor and Company of the New-River-Water , on the 27th of July last. Thomas Austin deposed, that he put the Goods up after 8 a Clock at Night, and the next Morning they were gone; that they were afterwards found on the Prisoner. James Tuttle deposed, that the Prisoner brought 2 Pulleys to his Shop to sell, went for two more, at Night brought Iron and Lead, whereupon he stopt him. The Goods were produc'd in Court and Swore by Mr. Witherell to be the Company's. The Prisoner deny'd the Fact, but called none to his Reputation. The Jury found him Guilty to the value of 10 d . Transportation .
Thomas Grant , of St.Bennet Gracechruch , was indicted for privately stealing a Silk Handkerchief value 3 s. from the Person of Zachary Polock , on the 15 th of July last. The Prosecutor deposed, that going by Lombard-street he felt a Hand in his Pocket, whereupon he turn'd short, and seized the Prisoner with his Handkerchief in his Hand. The Prisoner denied the Fact but called none to his Reputation. The Jury found him Guilty to the value of 10 d . Transportation .
James Norris , of St. Andrew Holbourn , was indicted for feloniously stealing a Silver Tankard value 6l. in the Dwelling House of Joseph Brewer , on the 22d of August last. The Prosecutor deposed that the Prisoner came into his House ( the Raven in Fetter-Lane ) about 3 a Clock in the Afternoon, and call'd for a Tankard of Beer; that he removed to another Room further in the Yard, and thence went off with the Tankard, throwing the Drink on the Ground; that he being immediately told of it, pursued and took him, threw him on his Back and found the Tankard in his Breeches. John Haynes deposed, that he acquainted the Prosecutor that the Prisoner was gone, and went with the Prosecutor in pursuit of him, and saw him throw him on his Back and take the Tankard out of his Breeches. The Prisoner in his Defence said, that he met a Man who asked him to go to drink, and that he went out to make Water, and coming in again the other Man put the Tankard into his Hand, but called no body to prove it, nor any to his Reputation, and this trifling excuse not availing any thing, the Jury found him Guilty . Death .
Samuel Bonnet and Mary his Wife , of St. Brides , were indicted for feloniously stealing a Guinea , the Property of William Booth , on the 31st of August last. Margaret Booth deposed, that on Wednesday the 29th of August, she sent her Trunk by a Porter with her Maid to Mr. Bonnets; that she went and lay there her self, and put 22 Guineas and a half and a Bank Bill of 50 l. into her Trunk when it was in his House, that he bid her let it stand in his Room for safety, that the Hasp of the Trunk was broke, and one of the Guineas and the Bank Note (which was tied up close in a Handkerchief) was taken out. The Prosecutor's Maid deposed, that she put the Money and the Bill into the Trunk, and that she told the Money twice over; that she went to the Trunk on Wednesday Night for some Nutmegs, that then the Handkerchief wasMargaret Booth should come to him and tell him that her Husband Jackson was to be tried for the High-Way, and every thing would be seized; that she was acquainted with High-way Men and House Breakers, and he let her bring in a Load of Goods worth above 100 l. and a large Box of Plate, &c. and called Dorothy Groves to discredit what had been swore against him, who deposed that she heard the Prosecutor's Maid say, that the Hasp of the Trunk was broke, and believed that her Mistress had got Drunk and lost the Bill: he also called a great many to his Reputation who gave him the Character of a very civil Neighbour, but could not tell how he lived. The Jury considering the whole matter, Acquitted Mary; and found Samuel Bonnet Guilty . Transportation .
Henry Emmery of St. Andrew Undershaft , was indicted for privately stealing 4 pair of Pistols value 14 l. a Musquetoon, value 1 l. and other Goods, out of the Shop of Francis Smart , on the 2d of June last. The Prosecutor deposed that his Shop had been robb'd several times, and the Father of a Woman whom the Prisoner kept came and told him that two pair of his Pistols were pawn'd at the Katharine Wheel in Blackman Street, where he heard of them; that he valued them at 5 l. Charles Biew deposed that the Prisoner brought those Pistols to him desiring him to lend him 25 s. on them; that he had some suspicion of him, but having known him a great while did let him have 15 s. that he found F. Smart graved on them (whom he knew, and intended to have called on him the first Opportunity, if he had not come to him) that he asked the Prisoner where he had them, who told him of Capt. Smart for Sword Scabbards; he said surely it is not so low with the Captain as to make you take Pistols for your Scabbards; the Prisoner answered, Yes it was, and if the Captain was not broke it was little better. That the same Night he pawned them, he (the Prisoner) stole all the Weights out of his (this Evidence's) Shop, and gave them to his Whore who betrayed him. Robert Garrard deposed that the Pistols produced in Court were his Master's (the Prosecutor's) and lost out of his Shop. The Prisoner's Confession before the Justice, (which was very full) was read in Court, and he having nothing to say for himself, the Jury found him Guilty . Death .
Mary Fitzwater and Margaret Bloomer of St. Brides , were indicted for privately Stealing 20 Guineas and 3 l. in Money from the Person of John Norris , on the 30th of August last: But no Evidence appearing against her, she was Acquitted .
Hester Quill , of St. Botolph without Aldgate , was indicted for Privately stealing 7 Guineas from the Person of Thomas Bugg , on the 30th of November last. The Prosecutor deposed that as he was going along he saw the Prisoner standing by Dukes Place about 7 a Clock, who carry'd him to the Standard Tavern in the Minories ; that before he went into the Tavern he stopt under pretence of making Water, and put 7 Guineas in his Fobb under his Watch, that then they went into a little Room together and drank a pint of Wine; that by her Discourse he found she knew several in George Yard, particularly Mr. Mitchel who he also knew; that he felt her hand very busy about his Breeches, and that she drew his Watch out, but it being fasten'd to his Pocket she could not carry it off; that he put his Watch into his Pocket again, but did not then think of his Guineas that were in a Paper under it, that she made an excuse to the Vault, and said, that he might not fear her coming again, she would leave a shilling and her Gloves on the Table to answer the Reckoning: but she staying a long while he called the Drawer and askt where she was, who told him that she was gone, then he paid the Reckoning and went also; and when he was got a little way from the House he mist his Money, whereupon he went back to the Tavern to enquire if they knew who she was, but they told him they did not. The Prosecutor being ask'd if he knew the Prisoner before, and why he did not prosecute her sooner; said that he knew her by going by his Door frequently; but was ashamed to appear in Court to prosecute her. Mr. Russel deposed that the Prosecutor is his Tenant, and told him 5 or 6 Months ago that the Prisoner had pickt his Pocket of 7 Guineas, but that he did not care to expose himself. The Prisoner denied the Fact, or that she ever was in his Company, and said that she had that very Day (being St. Andrew's) taken two Rooms next Door to the Prosecutor, and had some Friends who supt with her at home that Night, and was not out; but she hearing that the Prosecutor had raised this false Report upon her, and his Wife had flouted at her as she past by, saying I love a Whore, but I hate a Pick Pocket Whore: she Arrested him the Saturday before to clear her Reputation, and on the Monday he brought this Prosecution; and called the following Evidence to prove it, Her Landlord deposed, that she took Rooms of him about a Month before Christmas, but could not be positive to the Day. Another deposed, that he and some Friends supt with her that Night (he was sure it was St. Andrew's) at her Lodgings, that he went between 4 and 5 and staid till past 10, that the Prisoner was at Home all the while, and he left her there. Another Evidence deposed, that the Prosecutor came to Mr. Mitchel's in George Yard, and enquired for one Elizabeth Boyce , but they knowing no such Person, he described her, saying she was very much Pock-broken, Red Hair, her Eyes black with beating and a cut cross her Nose, and said that she had pickt his Pocket of Seven Guineas the Night before, at the Standard Tavern. Mr. Mitchel's Servant confirmed the last Evidence in every particular: She likewise called several to her Reputation, who gave her a very good Character. It was also observed that if the Prosecutor knew her so well, and saw her so often, he need not have gone back to the Tavern to enquire who she was, nor elsewhere next Day and describe a Person the very reverse of the Prisoner. The Jury looking upon it to be a base Prosecution, acquitted her, and the Court granted her a Copy of her Indictment.
Richard Richards and Henry Bowman of St. Paul at Shadwell , were indicted for feloniously stealing 3 Pound 4 Ounces of Raw Silk value 3 l. 10 s. the Goods of William Gumley on the 25th of July last. Patrick Coppinger deposed that there were 30 Bales taken our of the Italian Merchant and put aboard a Lighter, and that the Prisoners went into the Lighter to Pump her; that one of the Bales was cut open and the Goods taken out, which he found on Richard Richards in his Breeches, who said it was the first time. Roger Cook confirmed the former Evidence. The Prisoner in his Defence said that he found it loose in the Lighter; and that Bowman knew nothing of the matter. The Jury Acquitted Bowman, and found Richards Guilty to the value of 10 d . Transportation .
William Wade , of St. Dunstan at Stepney , was indicted for feloniously stealing 5 Pewter Plates value 3 s. the Goods of James Moody , on the 1st of August last. Ellin Skillicorn deposed that the Prisoner came in and askt for Half a Pint of Stout, and while she was gone to draw it, she heard the Plates rattle; whereupon she came up without staying to draw the Drink, and saw the Prisoner leap off the Dresser, where, she found the Plates in the Prisoner's Bag. The Plates and Bag were produced in Court, and the Plates owned by the Prosecutor. The Prisoner said
Thomas Parker . of St. Mary in the Savoy , was indicted for feloniously stealing 4 Saws, 1 Hatchet 2 Plains, 3 Chissels, 1 Box Rule, &c. the Goods of Robert Blomley . It appeared that the Prisoner took the Tools out of the New Church in the Strand , and was taken disposing of some of them, and confest where he had disposed of the rest. The Jury found him guilty to the value of 10 d . Transportation .
Ann Rowe , of St. Clements Danes , was indicted for feloniously stealing 1 Holland Shirt, 2. Handkerchiefs and 12 Guineas, in the Dwelling-House of John Calfe , on the 4th of August last. Susannah Calfe deposed, that the Prisoner came to live with her about the 9th of July last, and that she lost her Money out of her Desk, where there was near 200 l. and that mentioned in the Indictment in a little Bag by itself; that she charged the Prisoner with taking 12 pieces of Gold, who confessed it, and gave her Eleven Guineas and an Half again. John Ratford deposed, that he was sent for and present when she confest it, and saw her give her Mistress 8 Guineas, 7 half Guineas and a half Broad Piece, which she called a Spanish piece. The Prisoner had nothing to say for her self, nor any to her Reputation. The Jury found her Guilty to the value of 39 s . Transportation .
John Mayling , of Wilson in Middlesex , was indicted for the Murder of Thomas Corral , by Kicking, Beating, Wounding, and Bruising of him on the Right Groin, of which he instantly died . He was indicted a second time on the Coroner's inquest for the same. Lamb Dyson deposed that they were Haymakers and going to Dinner the Prisoner took up a little Rake which lay on the Ground, and told his Wife she should have it, for it was light and fit for her; whereupon the Deceased said, No, she should not have it, and twitcht it out of his Hand, and was going to strike him; but the Prisoner tript up his Heels and kickt him; and that he lived about a quarter of an Hour. William Whitmore deposed that the Deceased said that's my Wife's Rake, you shan't have it; struck at the Prisoner, followed him, and swore he would cleave him with the Rake; and then the Prisoner tript him up; and that the Deceased was sickly. Richard Cole deposed that he saw the Deceased strike the Prisoner over the Head and Shoulders with a Rake, whereupon the Prisoner tript him up and gave him a Kick. Edward Cole and John Richardson confirmed the last Evidence. Mr. Nichols deposed that he opened him and found a Bruise a little above him Groin, which he believed was the Occasion of his Death. The Prisoner in his Defence pleaded, that the Deceased threatned to Split his Scull; that he did not intend him any Mischief, and called several to his Reputation, who gave him the Character of a quiet, Orderly, Well-behaved-Man; it also appeared that there was no Grudge between them; that the Deceased Assaulted him first, and went home ill from his Work the Day before. The Jury considering the whole matter, brought him in not Guilty .
Elizabeth Catlin , of St. James in Westminster , was indicted for the Murder of her Male Bastard Child, on the 10th of July last, by putting it under a quantity of Coals, by which means it was strangled . She was indicted a second time on the Coroner's Inquest for the same. Sarah Reeves deposed, that the Prisoner was recommended to her to clean her House till she could get a Servant, that she suspecting her, asked her if she was not with Child, but she denied that she was, and said she had a Fit of the Collick by eating Cabbage; whereupon she gave her a Glass of Snake-Root, that she went out and came home again, when the Prisoner said she was better; that perceiving a great deal of Wet, and asking the Prisoner what it was she said the Cat had thrown down the Chamber-Pot, but her Sister had been there and Mopt it up; that the Prisoner still lay on the Bed, and denied that the she was in Labour or had been; that she sent for a Midwife; searcht, and found a Child in the Coal Vault; that another brought it up and laid it on the Dresser; and that she saw no Marks of Violence about it. Mary Catlin deposed, that her Sister sent for her about Noon; that she went to her; but her Master and Mistress being at Dinner and to go out so soon as they had Dined, she could not stay; that she went to her again and found her on the Bed; that she found the Child in the Coal Vault and brought it to the Dresser, did not hear it cry, and being in a great Surprise could not tell whether it was alive or dead. Elizabeth Rutland deposed, that she was sent for, that the Prisoner's Sister brought the Child out of the Vault, that she viewed it, saw no Marks of Violence; and that the Prisoner said she had made Provision for it. Martha Stone deposed, that she was sent for, viewed the Child, saw no Marks of Violence and could not tell whether it was born alive, but believes it might be kill'd in the Birth. The Prisoner in her Defence said, that she did not think she had been so near her Time, and designed to have gone into the Country to lie-in at her Mother's, that she had made some Provision for it, and had not time to make more; and that she was deliver'd alone. Some Child Linnen was produced in Court, and s ore to be the Prisoner's for that use. The Jury considering the whole matter acquitted her.
George Brancom and Sarah his Wife , of St. Giles without Cripplegate , were indicted for feloniously stealing a stuff Gown and Petticoat, a Callicoe Frock, a Shift, Scarf and Cap, in all to the value of 18 s and 4 s. in Money , the Goods and Money of Frances Moleton , on the 17th of April last. The Prosecutor deposed that she lost her Goods and Money; and that the Prisoner George carried her to the three Bails in Hounsditch where he had pawn'd them, that she redeemed them for 6 s. and he promised to make her amends: the Evidence nor affecting Sarah, the Jury Acquitted her; and found George Guilty to the value of 10 d . Transportation .
Mary Harris , of St. Martins in the Fields , was indicted for privately stealing two Guineas from the Person of Richard Raper , on the 24th of August last. The Prosecutor deposed that going out about 8 a Clock the Evening aforesaid with some Friends they went into an Alehouse with the Prisoner, and after they had drank a good while he and the Prisoner went up Stairs by themselves; that he had the Guineas when he went up, and mist them in the Room, but the Prisoner was gone first. One who was drinking in Company with him below Stairs deposed that he heard the Prisoner own that she had pickt the Prosecutor's Pocket, and that the Man of the house shared the Money and gave the Prisoner 5 s. of it. The Prisoner in her Defence said, that the Woman of the House bid her get the two Guineas from him, and then took them from her. The Jury considering the matter found her Guilty to the value of 10 d . Transportation .
Katharine Waters , of St. Margaret's Westminster , was indicted for privately stealing 2 Half Guineas, and 8 s. in Money from the Person of Evan Scipiers , on the 4th of this Instant September . The Prosecutor deposed that the Prisoner came to look after his Wife, who was sick, and died that Day; that the Prisoner pickt his Pocket of all he had, viz. 2 Half Guineas, 2 Half Crowns, and 3 Queen Ann's Shillings wrapt up in a piece of Brown Paper, in his own Room; and that he took her Hand in his Pocket. The Prisoner denied the Fact, and in her Defence said, that when his Wife was dead he went out at 12 a Clock at Night to fetch 3 Full-Pots of Drink and a Quart of All-Fours and staid till 4 in the Morning; carried her into his Room to shew her his Wives Clothes, and said he would give them all to her; that he sat down on the Bed, pull'd and hal'd her about, threw her down, and would have her lie on the Bed with him. It appeared that he was so drunk when he went before the Justice, that he would not give him his Oath that Night, but bid him come again the next Morning when he might better know what he did. The Jury considering the matter her. Acquitted
Robert Jackson , of Paddington , was indicted for Assaulting John Andrews on the High Way, putting him in Fear, and taking from him a Silver Watch and Seal value 4 l. 10 s. and 1 s. in Money on the 15th ofnear to Tyburn , and then clapt a Pistol to his Breast and Robbed him; that hearing one was taken up for Robbing on such a Mare, he went to the Gate House and saw him, and to the Stable in the Hay Market, to see the Mare; that he is sure the Prisoner is the same Person who Robbed him, and that he rode the same Mare when he committed the Fact. Mr. Bedcott deposed, that he came along with the Prosecutor, and had a Child before him, that at the Place aforesaid the Prisoner clapt a Pistol to the Child's Head and said to this Evidence, G - d D - n you, stand and deliver your Money and Watch; and that he saw the Prisoner clap a Pistol to the Prosecutor's Breast, and take his Watch; that he is sure the Prisoner is the same Person. Mr. Glenister deposed, that he was coming about that time the same Road with a Charge of Money about him and one like the Prisoner rid a side of him some time, then crost a Head of him and bid him stand; but he knowing the Goodness of his Breast turn'd about, clapt Spurs and rode back to Paddington but could not be positive the Prisoner was the same Person. Mr. Chasin deposed, that he keeps the White Horse Inn in the Hay Market, and going into his Stable and seeing the Prisoner's Mare there in a trembling Condition, and answering the Description he had heard of one that was on the Road, enquired for the Owner, and laid wait for him against he came in and took him going into the Stable; that he clapt a pistol to his Breast which did not go off, when he Apprehended him, and another was found about him loaded. The Prisoner had nothing to say in his Defence but a bare denial of the Fact, which did not avail him against such positive Evidence. The Jury found him Guilty . Death .
Edward Preston was indicted for privately stealing 2 Perriwigs value 4l. and 12 Ounces of Human Hair value 6 l. out of the Shop of Daniel Lord on the 24th of August last. It appeared that the Prisoner had been the Prosecutor's Servant about 11 Days, and went with him to Acton-Fair, but left his Master there, went home and took the Goods out of his Shop; and was taken offering them to Sale; when taken he owned on stole them from his Master. The Goods were produced in Court and owned by the Prosecutor. The Prisoner had nothing to say in his Defence nor any to his Reputation. The Jury considering the matter found him Guilty to the value of 4s. 10d . Transportation .
Katharine Crompton , of St. Martins in the Fields , was indicted for privately stealing 5 pieces of Muslin value 7 l. out of the Shop of John Goodchild , on the 10th of August last. The Prosecutor's Servant deposed that the Prisoner came into the Shop and bought 1 Yard of Muslin, and said that she wanted a Quarter of a Yard of Striped Muslin; that he perceiving her take the Muslin, called the Maid down Stairs, and searching her, took a piece of Striped Muslin from under her Ridinghood, then carried her backward and found four pieces more of plain Muslin. Jane Ballard deposed that she was call'd by the former Evidence to bring down a Knife, and that she saw him take the 5 pieces of Muslin from the Prisoner as before deposed. John Goodchild confirmed the former Evidences. The Prisoner denied the Fact, and called several to her Reputation: but the Evidence being very full, the Jury found her Guilty . Death .
Mary Woodward of St.Margaret's Westminster , was indicted for privately stealing a Half-Guinea From the Person of Robert Harvey ,on the 1st of August last. But no Evidence appearing against her, she was Acquitted .
John Everett of St. Mary White-Chapel was indicted for Assaulting Thomas Bird on the High-Way, putting him in Fear, and taking from him, 16s. in Money , on the 2d of July last. But the Evidence not being sufficient the Jury acquitted him.
James Wilson and John Homer ; were indicted for Assaulting George Herbert on the High-Way, putting him in Fear, and taking from him 11 Guineas and Half and 2 s. 6 d. in Money , on the 30th of August last. The Prosecutor deposed that he had received his wages due on the Queenborough, and at Chatham met the Prisoners and another, who came up to London with him, and would have had him gone to drink with them, but he refused; that at the End of Warwick-Lane they clapt two Pistols to his Breast, and took 11 Guineas and Half from him; that one of them was taken in Newgate-Market; that he was sure the Prisoners were two of them, for he knew them well having been with them 3 Days. Jonathan Wild deposed, that the Prisoner Wilson, the same Morning he was taken sent for him to the Compter, and told him that himself John Homer and William Field had committed a Robbery, that if he would endeavour to take the others, he would turn Evidence to save his own Life. Accordingly he went in search of them, but they kept out of the Way, till about a Week after William Field sent to him in order to be an Evidence, and said he would produce Homer, and several others for House-breaking and the High-Way. Accordingly he agreed to the same, and met him next Morning, when he took him to the White-Horse-Inn by Cripplegate, where he took Homer in Bed with a Woman. After some Threats he got up, and desired that he might be a Stag, he ask'd him the meaning of it, and he told him an Evidence; and that he could help him to 3 or 4 Foot-Pads. William Field deposed that himself and the Prisoners at the Bar went to Chatham with a design to break open Houses there, but things did not answer their Expectation, that the Prosecutor coming into the House where they were, they found he had plenty of Money, kept Company with him to Gravesend, thence by Water to London, where at Warwick-Lane end the Prisoners and himself committed the Fact, that Homer clapt a Pistol to the Prosecutor's Breast, and they took 11 Guineas and a Half snd Half a Crown from him. The Watchman deposed, the three Men ran along, and he hearing the Cry of Stop him, followed Wilson up Ivy Lane into the Market, and took him in a Corner thereof. - Hooper deposed, that he coming over the Market at that time laid hold of Wilson, who threw his Pistol under the Butcher's Shambles, and the former Evidence came up and they secured him. The Jury found them both Guilty . Death .
Edward Wright and Mary Wright , of St. Botolph without Aldersgate , were indicted, the former for feloniously stealing a Silver Watch and Case value 5 l. 6 yards of Flanders Lace, 10 yards of Lace, 6 yards of Lustring, 1 yard of Velvet, a Velvet Cap, 7 Moiders, 50 Guineas, 20 half Guineas and 20l. in Money, in the Dwelling House of Joseph Walker , on the 18th of July last. And Mary Wright as Accessary in receiving the same knowing them to be stole . The Prosecutor deposed, that the Prisoner Edward lived with him as a Servant , and that he mist Money and Goods several times, but there being others in the House could not charge him with it; at last he consulted with some Friends at the Tavern what to do, who advised him to mark his Money, which was done. and lockt up in his Drawer; that he broke open his Drawer and took out 5 of the Mark'd Guineas, he went up after him and finding his Drawer broke, came down and told his Son, who charged him with it, but he denied it, then he asked him what Money he had in his Pocket he at first said 18d. then three Guineas, then 5 Guineas, which he said he had of his Mother the Day before; but when he took them out of his Pocket they appear'd to be Five of the Mark'd Guineas, that he kept the Boy in, and got a Warrant to search his Mother's House before it should be blown, where he found several of his Goods, as a New Silver Watch which stuck out in her Bosom, and which he could swear to, fine Lace, Lustring, Velvet, a Book of Julius Caesar; that she ask'd Pardon, and hoped he would pardon her Son; that he brought them to her, and she could not help it now; that she askt her Son whether they would not be mist, and he said, No, there were such Quantities. Mr. Draper deposed, that the Prosecutor sent for him to the Tavern to consult how to detect the Thief, that he notcht theJoseph Walker Junior , confirm'd his Father's Evidence, and farther deposed that the Boy owned that he had taken at times above 60 l. Mr. Mountfort deposed that he was at the Tavern when the Guineas were mark'd, and at the Prosecutor's when the Boy was apprehended, and heard him confess the Fact of the Guineas, &c. and a piece of Lace. Elizabeth Lewis deposed, that Mary Wright brought her a piece of Lace and desired her to sell it for her, saying that it was a Person's in Prison, whose Wife was a Midwife, that she sold it to Mrs. Chapman by her Consent for 51 s. and gave her the Money; and that she afterwards sent to her to deny it if any should come to enquire after it. Ann Dorrel deposed she saw Mrs. Lewis pay the Prisoner for it. The Markt Guineas, Lace, and divers other things found on the Prisoners were produc'd in Court, and owned by the Prosecutor. And another Evidence deposed that the Boy said, he was drawn in by his Mother, who would not let him alone till he was Hang'd. The Prisoner denied the Fact, and made a Frivolous Defence; but it it being to fully proved upon them; the Jury found them both Guilty , Edward Wright as Principal, Death . And Mary Wright his Mother as Accessory. Transportation .
Jane Stapleton , of St. Dunstan at Stepney , was indicted for feloniously stealing a pair of Bellows value 3 s. and a Cloth Coat value 3 s. the Goods of Nathaniel Laws , on the 23d of July last: But the Evidence not being sufficient, the Jury Acquitted her.
Robert Mayo , alias Simmons , of St. Leonard Shoreditch , was indicted for breaking open the House of Simon Griffith in the Night time, and taking thence 500 Pins value 6 d . The Prosecutor deposed, that his House was broke and his Goods taken away, that he had a view of the Prisoner and was sure he was the Man. Another deposed, that he took the Pins upon the Prisoner, who said he found them in Bishopsgate-Street. John Rose deposed, that he found the Prisoner at the Prosecutor's Window, who seeing him, run away, that he called out and he was taken. Another deposed, he saw the Pins taken out of his Pocket, which were produced in Court and swore to: but the Evidence not being sufficient to prove the Burglary, the Jury Acquitted him of that, and found him guilty of Felony only . Transportation .
George Dunn , of St. Brides was indicted for Assaulting Isaac Harris , and striking and bruising him on the Belly with a Musket on the 28th of July last, of which he languish'd till the 30th of the same Month and then died . It appeared that the Prisoner was a Corporal in the Foot Guards , and the Deceased a private Soldier in the same Company; and as they were Marching to the Tower the Deceased was very quarrelsom, changed his Ranks several times, trod on the Prisoner's Heels endeavour'd to trip him up in his March, and gave him very abusive Language; that the Prisoner desired him to be quiet; and the Deceased replied G-d d - n you, I will tread on your Heels; whereupon the Prisoner put his Piece against him to keep him back; that the Deceased had complained of a Bruise on the rim of his Belly before, which he said be got by falling against a Post. The Jury considering the matter Acquitted him.
Sarah Miller of St. Giles Cripplegate was indicted for feloniously stealing a Silver Watch value 3 l. 3 Half Guineas and 11 s. 6 d. in Money, in the Dwelling House of William Huggins , on the 17th of August last. It appeared that the Prisoner was the Prosecutor's Servant , and took the Goods and Money out of his Box; that 2 Half Guineas were found in her Shoes, the rest upon her. The Jury considering the matter, found her Guilty to the value of 39 s . Transportation .
Peter Wilson , of St. Martins in the Fields , was indicted for feloniously stealing a Scotch-Cloth-Shirt 2 Half Shirts, a pair of Sleeves, a pair of Gloves, and 12 s. 6 d. in Money , the Goods and Money of James Williamson , on the 8th of August last. It appeared that the Prosecutor and the Prisoner lodged in the same House, and that the Prisoner took the Goods, which were found upon him in the Hay-Market, produced in Court, and swore to by the Prosecutor: his Confession before the Justice was also read in Court. The Jury found him Guilty to the value of 10 d . Transportation .
John Tomlinson of St. Clements Danes , together with James Barry not yet taken, was indicted for Assaulting Thomas Elliot on the High-Way, putting him in Fear, and taking from him a Drugget Coat, a Neckcloth, a pair of Buckles, a pair of Silver Studs, and 1 Ounce of Silver Lace , on the 19th of August last. The Prosecutor deposed, that the Prisoner and Barry laid hold on him in the Savoy-Yard, and had him to the Three Tents in Burleigh-Street to drink, then somewhere else, they led him through the Change , that he was in Drink, lost his Goods, and is sure the Prisoner was one of them; that he took him the Wednesday following, when the Prisoner owned he had his Coat, and said he threw it in the Street. James Thompson deposed, that the Prisoner and Barry were drinking in the Savoy when the Prosecutor came by; that he heard the Prisoner say he would follow him, and get his Coat and the rest of his things; that the Prisoner, Barry and a Woman followed him; and that the Prisoner brought the Coat to his (this Evidence's) Fellow Servant to sell. Richard Qualand deposed that he saw the Prisoner, Barry, Elliott and a Woman at the Three Tents. Another deposed, that the Prisoner and Barry brought the Prosecutor into the Three Texns, had a Pot of Drink and the Prisoner led him out again. Sarah Frost confirmed the last Evidence. The Prisoner denied the Fact, said the Prosecutor was dead drunk, but called none to his Reputation. The Jury found him Guilty . Death .
Matth.ew Cheston , of Finchly , was indicted for a Misdemeanour in Assaulting Flexmore Dakins Esq , on the High Way, on the 12th of July last, with an Intent to rob him . Mr. Dakins deposed, that he coming from Barnet the Day aforesaid, met the Prisoner near Highgate , who by his riding seem'd intended to keep the Road, but did turn out of it Cursing and Swearing; that he turn'd and gallop'd after him (the Prosecutor) and cut him with his Whip; that he (the Prosecutor) whipt him again; whereupon the Prisoner clapt a Pistol to his Brest and said, G - d d - n you, Deliver; dismounted and took hold of the Reins of the Prosecutor's Horse, which gave him time to draw his Sword; that the Prisoner said if you do not put up your Sword and deliver, I will shoot you through the Head; but hearing the trampling of Horses coming up, the Prisoner said, if you will put up your Sword, I will put up my Pistol; which was done, and he threw himself off his Horse upon the Prisoner, and his Man came up and they secured him; that they found in his Pocket a Pistol, and a Stock to screw it on that would turn it into a Gun, (but the long Barrel that was to scrue on was not about him) Powder, Bullets, a Paper of Nails and two Moulds to cast Bullets in; that as he was dragging him along he ask him if he would carry him before Major Bealing ; he answered him, Yes. Then he replied, G - d d - n you, I am sorry I did not shoot you through the Head. The Prosecutor's Servant deposed, that when he came up his Master had the Prisoner by the Collar and he got off his Horse to his Master's Assistance; that his Master ask'd the Prisoner for the Pistol he charged against him, but he denied it; that they took it from him and the other Arms, and the Prisoner dropt a Bullet Mould; that they carried him to Mr. Horton's, sent for a Constable, and had him before Justice Bealing. The Pistol (or Gun) and other things before mentioned were produced in Court. Mr. Pitford deposed, that the Prisoner came to his Shop about 2 a Clock to borrow a Bullet Gun to go to a Shooting Match, that he left him the Gun produced in Court, and he promised to return it in two orMatthew Cheston , told him there was a Robbery committed on Saturday last near Highgate, and also told him that he met the Prisoner there abouts, who not giving him the Road, he gave him a lick or two with his Whip; that he drew his Sword, and the Prisoner levelled his Guns at him; that they both put up, and he believed the Prisoner had no Design to rob him. Roger Hitchcock deposed, that he hearing that the Prisoner was committed, went to the Prosecutor's at Highgate to enquire how the matter was. That the Prosecutor told him they began with whipping for the Road: that they past one another and the Prisoner return'd and they whipt again, that he told the Prisoner if he was for that he would gave him enough of it; that the Prisoner told him put up his Sword, and he bid him put up his Gun; that after the Whipping the Prisoner bid him stand and deliver; and that the Prisoner was much in Drink on a Cart-Horse, and without Spurs Mr. Dawson deposed, that he going into Dr. Longborn's Shop, when Mr. Dakins was there and talking of this Matter; he heard him (the Prosecutor) say that the Prisoner was drunk, and not giving him the Road he whipt him, who askt what that was for, that the Prisoner drew his Gun, and he his Sword, and told him if he would put up his Gun he would put up his Sword; that he believed the Prisoner had no intent to rob him; but he would prosecute him for his Impudence. Mr. Hall deposed, that when he came up he thought they were whipping for the way; that the Prisoner was so fuddled that he fell against his Horse as he was going to get up; and that he had a heavy Horse. The Prisoner called a great many to his Reputation, several of whom have had Dealings with him, who gave him a good Character, and one of them deposed, that last Year he rented Forescore Pound a Year: The Jury considering the whole matter Acquitted him.
Alexander Parish , of St. Mary White Chappel , was indicted for a Felony in receiving stolen Goods knowing them to be stole by John Burton , out of the Parish Church of Wanstead in Essex , which said John Burton was convicted for the same, at the last Assizes held at Brent Wood in Essex, and afterwards Executed. The Fact being fully proved upon him by Henry Bishop , who committed the Robbery with the said Burton, and to whom the Prisoner had given the Key of a Padlock to carry Goods into his Shed at any Hour of the Night, and other sufficient Evidence. The Jury found him Guilty . Transportation .
James Holliday , of St. Sepulchres , London, was indicted on the New Act of Parliament for the more Effectual transporting of Felons, &c. for that he having been fomerly Convicted of Felony, and transported among the last Convicts from Newgate for the same, had made his Escape from the Ship, which the Convicts forced into Vigo, and returned into the Kingdom of Great Britain, without any lawful Cause , which being fully proved upon him, the Jury found him, Guilty . Death .
Martha Stafford , of St. Mary in the Savoy , was indicted for privately stealing a Muslin Neckcloth, a Purse, a Broadpiece, a Half Broad-piece, and 18. Guineas, from the Person of Thomas Holmes on the 22d of August last. The Prosecutor deposed that he going by Somerset Gate between to and 11 a Clock at Night met the Prisoner, who told him that she wanted to speak with him in private; that he went down a little way with her, and in 3 or 4 Minutes she ran away from him into Somerset-House; that he missing his Purse, followed and took her, when she begged of him for God's Sake to spare her Life; that they making some Noise Mr. Dunkley order'd the Corporal to bring them to his Lodge; where the Guineas were found in her Handkerchief; that she put 8 of them into her Mouth at once, but could not swallow them, and he aking hold of her made her Spit out 7 of them; that he had 16 Guineas, the Broad-piece and Half, again. Mr. Dunkley confirmed her restoring the 16 Guineas, the Broad-piece and Half to the Prosecutor, and that she had another Guinea in her Mouth, all which she owned she took from the Prosecutor. The Jury found her Guilty to the value of 10 d . Transportation .
Ann Sadler , (together with Susan Deval , not yet taken) of St. Paul's Covent-Garden , was indicted for privately stealing a Canvas Bag, and 4 l in Money, the Goods and Money of Daniel Jull from the Person of Mary Jull . Mary Jull deposed, that she lost above 4 l. in Covent Garden-Market ; that her Money was in a Bag in her Lap; that Deval came and bought at Sive of Cherries of her, and made a Roll of her Apron to put on her Head to carry them on; that she helpt her up twice and the Roll fell off; and that she mist her Money as soon as she was gone. Another Evidence deposed that she saw the Prisoner give a Bag to a Man, who went off with it; and that the Prisoner owned the next Day in the Round-House that Deval gave it to her, and she to the Man. Another confirmed the last Evidence. But it not appearing that the Prisoner took it from Jull, the Jury found her Guilty to the value of 10 d. only . Transportation .
Giles Hill , of St. Sepulchres , London, Gent. was indicted for the Murder of Nicholas Moore , Esq . by giving him one Mortal Wound with a Sword near the Left Armpit, of the length of one Inch and the depth of ten Inches, on the 26th of August last, of which he instantly died . He was also indicted a second time on the Coroner's Inquest for the same. He was likewise indicted a third time on the Statute of Stabbing.
Mr. Bowers deposed, that he came Home that Evening about Six a Clock, and found the Deceased, the Prisoner, and another Gentleman drinking together; that the Deceased asked him to sit down; that some Musick came in, and the Deceased bid them play the Duke of Ormond's March, to which the Prisoner objected; soon after the Deceased proposed the Duke of Ormond's Health, and said he would Drink his Health, for he was an Honest Gentleman: upon which the Prisoner said, You are a Rogue and a Lyer, for he is a Rebel to his Country. That they immediately both clapt their Hands to their Swords; the Deceased was Endeavouring to get out of the Box, and he believed that the Prisoner past at him as he was Endeavouring to get out of the Box; and that he was Half-Way out when he was run Through, and dropt on the outside of the Box. That he did not perceive the Deceased's Sword drawn before the Pass; but when they had secured the Prisoner's Sword, he saw the Deceased's Sword drawn lying by his Side, and the Scabbard, he being fallen down in a Minute.
Thomas Rudgate deposed that he was there, and went to the Bar to enquire for a Person, and hearing a Dispute, stopt to see what was the Matter; that he saw the Gentlemen both rise up, and that the Prisoner drew and Wounded the Deceased, who fell down in an Instant with his Head at his (this Evidence's) Feet. That he did not see the Deceased's Sword drawn till he fell; but afterwards saw it drawn and lying under him.
Mr. Knockells deposed, that he being sent for, found the Deceased supported by Three or Four Men, giving him Spirits to Smell to: when he come in he did not see the Deceased's Sword, but one French came in and ask'd if any had seen his Sword drawn, saying it would be a Material Thing: but no one then said they had seen it drawn. That soon afterwards he perceived his Sword lie drawn by him on his Left Side. That he opened him, and found that he was run through the Lobe of the Lungs, and the Heart.
The Prisoner in his Defence said that he went with Capt. Cunliff to see Mr. French at the Ram-Inn ; that the Deceased came into their Company, and there being Musick, the Deceased call'd for the Duke of Ormond's March, to which he objected, and after that they were drinking King George's Health; and when it came to the Deceased's Turn to Drink he would drink the Duke of Ormond's instead of it; whereupon the (the Prisoner) told him it was not fit for them who wore the King's Cloth to bear such things; upon which the Deceased immediately drew and bid him take Care of himself; and what follow'd was in his own Defence, he being so pinn'd up in the Box that he had no other way to save his Life.
Capt. Cunliff deposed, that the Deceased intruded himself into their Company; that the Deceased bid the Musick play the Duke of Ormond's March, and they made them cease; that the Deceased proposed his Health, saying he was an honest Man; that he told him, that was not agreeable to them; but the Deceased took the Glass and drank it to the Prisoner, who was his Left Hand Man. The Prisner said he was a Rogue, and the Deceased laid his Hand on his Sword first, and the Prisoner made a Thrust at him. That he could not swear the Deceased's Sword was drawn at that time, he being in Confusion, and fell over the Table endeavouring to prevent Mischief; but he saw the Deceased Realing with his Sword drawn in his Hand when he fell.
Richard Hewett deposed, that he went into the Ram-Inn to shelter himself from the Rain, and went into a Box against the Box where this happened; that he heard a Noise about drinking the Duke of Ormond's Health, which the Deceased would drink; and heard the Prisoner tell him he did not do well to drink it in their Company, and used other Expressions which the Deceased resented, for that the Deceased drew himself to the end of the Box, drew his Sword, and bid the Prisoner take Care of himself. That
Charles Read deposed, that he went in there from the Rain, found the House in an Uproar, lookt in, saw the Deceased's Sword drawn and the Prisoner's. That he was sure the Deceased had his Sword in his Hand drawn immediately before he fell. And then he went away.
Hary Croox deposed, that he saw the Deceased fall, and took him up; but did not see his Sword till he saw it in Jane Fox's Hand.
Robert French deposed, that when he was called the Deceased was on his Feet. That when the Deceased fell he took the Prisoner's Sword and gave it to his Wife. That he did not see the Deceased's Sword at first, but he desired the People to stand off, and when the Crowd stood off he saw it lying on the Ground drawn by him, and Fox took it up naked.
The Prisoner called several Gentlemen to his Reputation, who gave him the Character of a Quiet, Civil, Courteous, Good-Humour'd Man, not given to Quarrel, but the Reverse.
For the Prosecutor, one Turbott was called, who said that he was there before the Deceased was dead and then he did not see Hewett nor Read there; but said there was a great Crowd of People.
Mr. Sparrow was also called to discredit Mr. Hewett, he said he believed he stirr'd out only on Sundays, for that he used to come of a Sunday to speak to him on Business.
The Jury being gone out, and some Debates arising among them about giving Credit to Mr. Hewett's Evidence, Mr. Bowers and Capt. Cunliff were called in again, and the Questions which the Jury desired were put to them for their Satisfaction.
And Mr. Bowers deposed, that he did not remember that he heard the Deceased use the Expression, Take Care of you self. That he endeavoured to stop the Prisoner's Arm, and did not see what the Deceased did his Back being towards him. That he believed if the Words were spoke he might have heard them: but could not take upon him to swear they were not spoke. And he confirmed what Mr. Hewett swore, that he might see from that Box where he was, the outermost (in the Box where the Gentlemen were) and yet not those within.
Capt. Cunliff deposed, that he could not swear such Words were or were not spoke by the Deceased; for that he threw himself over the Table to prevent Mischief, and was in great Confusion.
The Jury after long Consideration, and having (as aforesaid, further informed themselves by the Re-examination of the Witnesses, declared they were satisfied, and that they gave Credit to the Affirmative and Positive Evidence, which was not disproved by the Negative Evidence; and that one of the Jury had known Mr. Hewett several Years, and believed he was an Honest Man; and so they brought in the Prisoner Guilty of Manslaughter . Burnt in the Hand .
William Robinson of Fulham , was indicted for breaking open the Dwelling House of Thomas Ailesby on the 20th of February last in the Night-time, and taking thence a Bible value 4 d. and a Common-Prayer-Book value 4 d. the Goods of the said Thomas Ailesby . He was indicted a second time for feloniously stealing a Whips, value 3 s. the Goods of Joseph White on the 8th of August last. Margaret Ailesby deposed, that her House was fast at 9 at Night, and at 6 in the Morning she found the Rag tone off from her Window-Board, her Door open, and the Books gone; that the Prisoner confest he went in at the Window (it being open) and took the Goods, but that he did not break the House. John White deposed, that he lost 2 Whips out of his Stable, that he lockt his Stable- Door when he went to Bed, but left the Key in it. John Phelps deposed, that he found the Prisoner in White's Orchard, taking the Fruit, and the 2 Whips under the Tree, which he confest be took out of White's Stable. The Prisoner had nothing to say for himself. The Burglary not being sufficiently proved the Jury acquitted him of that, and found him Guilty of Felony and to the Value of 10 d. Transportation .
Richard Young , was indicted for a Perjury that he being a Prisoner in the Fleet, did deliver in a false Schedule by omitting to discover past of his Estate and swearing to the said Schedule, by Virtue of which he was discharged from his Imprisonment , but the Evidence not being sufficient, the Jury Acquitted him.
Charles Smith , and , were indicted for a Misdemeanour, in that they being Collectors for the Window Lights did under Colour of their Office, fraudulently exact and receive divers Sums of Money, from Persons not Assessed in their Book ; which being proved upon them, the Jury found them Guilty Fined 20 Marks each .
Sarah Davis of St. Giles in the Fields , was indicted for feloniously stealing a Cloth Coat. Wastcoat and Breeches, the Goods of Simon Obrion , in the Dwelling House of Thomas Fenwick on the 7th of this Instant September . It appeared that the Prosecutor was gone to Bed in a lower Room in the Vine Tavern in Wildstreet , and the Prisoner went in and took his Clothes, but being seen was followed and taken with them upon her. The Jury Found her Guilty to the value of 39 s . Transportation .
Mary Haylin , of St. Martin's in the Field , was indicted for feloniously stealing a pair of Stayes, value 30 s. the Goods of George Cackler , on the 25th of August last. The Fact was fully proved upon her, and the Jury found her Guilty to the value of 10 d . Transportation .
Joseph Pew , of St. Brides , was indicted for taking to Wife Mary Bickerstaff , on the 16th of July 1719 His former Wife Ann Locket being then living . He owned that he was Married to Mary Bickerstaff; but no Evidence appearing to prove the first Marriage, the Jury Acquitted him.
John Fuller , of Stanmore , was indicted for feloniously stealing a Knife and Fork value 8 d. and 22 s. in Money , the Goods and Money of William Smith , on the first of October last. It appeared that the Prosecutor and the Prisoner lay together, and that the Prisoner took his Breeches from under his Head, and the Goods and Money out of his Pocket about three in the Morning and went away, leaving the Breeches only at the Feet of the Bed. The Jury found him Guilty . Transportation .
James Carreck , of St. Giles in the Fields , was indicted for feloniously stealing a Silver Hilted Sword value 35 s. the Goods of Thomas Webster . The Prosecutor deposed, that he went to the Duke of Malborough's-Head in Drury-Lane , and having a mischance with his Sword, gave it to the Woman to put in the Bar, and when he went for it again it was gone; that hearing Mr. Frankling had bought such an one, he went and ask'd for one there, and he brought him his own. Mr. Franklin deposed, he bought it of the Prisoner. The Sword was produced in Court and Swore to. The Prisoner in his Defence said, that he had a Quarrel with a Gentleman in Covent-Garden, and their Swords were beat out of their Hands by the Watch, and the Constable gave his to the other Person, and the other Person's to him; that his was better than the other's, which being Old Fashion, he went to Mr. Franklin to buy another and Change that; that the Scuffle happened about 8 at Night. But the Prosecutor deposed, that he did not lose his till 12. The Prisoner produced none to prove what he said, nor any to his Reputation. The Jury found him Guilty . Transporatation .
The Tryals being over, the Court proceeded to give Judgment as followeth;
Receiv'd Sentence of Death, 10.
Burnt in the Hand. 5.
To be Transported. 25.
Michael Vine , Alice Thompson , Ann Mason , Joseph Birch , Mary Wright , Thomas Higden , Thomas Grant , Richard Richards , William Wade , Thomas Parker , Ann Rowt , George Brancome , Marry Harris, Edward Preston , Robert Mayo , Sarah Miller , Peter Wilson , Martha Stafford , Ann Sadler , Alexander Parish , William Robinson , Mary Haylin , Sarah Davis , John Fuller , and James Carreck .
To be Whipt. 3.