THE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Dallvery,
CITY of LONDON, and COUNTY of MIDDLSEX,
JUSTICE-HALL, in the OLD-BAILEY.
During the MAYORALTY of the
LORD-MAYOR of the CITY of LONDON.
In the 6th Year of His MAJESTY'S Reign.
Printed for E. Symon at the Corner of Pope's Head Alley, against the Royal Exchange, in Cornhill by M. Jonur, against St. Sepul ure's Back Gate in Gilt Spur Street, near Newgate.
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,
Friday, Saturday and Monday, being the 13th, 14th, and 16th of this Instant January, 1720, In the Seventh Year of His MAJESTY'S Reign.
BEFORE the Right Honourable Sir JOHN FRYER , Bar. Lord Mayor of the City of London; the Right Honourable the Lord Chief Baron Bury , Mr. Justice Powys, Mr. Justice Tracy, John Raby , Esq; Deputy Recorder; and several of his Majesty's Justices of the Peace for the City of London, and Country of Middlesex.
The Jurors Names were as followeth:
The Proceedings were as followeth:
John Wood , of St. Botolph without Aldersgate , was indicted for privately stealing 2 Silk Handkerchiefs, value 3 s. from the Person of John Prior , on the 23d of December last. The Prosecutor deposed, that as he was going up Aldersgate-Street , between 11 and 12 a Clock the Night aforesaid, he saw the Prisoner draw his Handkerchiefs out of his Pocket, whereupon he laid him on with his Cane, cry'd out a Pickpocket, and the Prisoner was taken with the Handkerchiefs upon him. William Burridge deposed, that he took the Prisoner, and found the Handkerchiefs upon him. The Prisoner denied the Fact, and said that he was going along, but was not near the Prosecutor, who crying out, he was stopt but calling no Evidence to prove it, not any to his Reputation, and the Evidence being very positive against him, the Jury found him Guilty to the value of 10 d. Transportation .
John Terry and John Cornwall of St. Olave Hart-Street , were indicted for feloniously stealing 5 pound weight of Russia Yarn value 2 s. the Goods of William and Richard Baker , on the 10th of January last. They were also indicted a Second time for feloniously stealing 20 Ells of Russia Linnen value 10 s. the Goods of Edward Hobday . Henry Bradford deposed, that he was employed to House Merchants Goods; and that he employed the Prisoners as Porters to assist him; that being informed that Terry had lockt up some Goods in a Cupboard in a House they used, he waited in the Room concealed till Terry came and took Mr. Hubday's piece of Linnen out of the Cupboard, and then secured him: that Cornwall was taken in the next Room, with the Scane of Yarn in his Breeches. Philip Fortune deposed, that he perceiving Cornwall's Apron to stick out, suspected him, and took the Scane of Yarn out of his Breeches. Terry in his Defence said, that he found the Cloth in the Yard, and carried it to the House to lay up, and going at Night to fetch it; he was stopt; but being told he should have enquir'd who it belong'd to, and not have concealed it; he said he never did an ill thing before, and called several to his Reputation. Cornwall said he knew nothing of it, but called none to his Reputation. The Jury considering the matter, found them Guilty of both Indictments to the value of 10 d. each . Transportation .
Walter Herbert , of St. Peters Cheap , was indicted for breaking the Dwelling House of Thomas Smith on the 4th of December last in the Night time, and taking thence 1 Silver Porringer, 2 Silver Mugs, 2 Silver Salvers, 2 Silver Salts, 2 Silver Spoons, 3 Gilt Spoons, a Silver Marrow Spoon, 6 Silver Tea Spoons, Tongs and Strainer, a Silver Tobacco Box, a Silver Orange-Strainer, a pair of Silver Candlesticks and Snuffers, 3 Silver Casters, a Silver Cruit-Frame and 2 Cruit Tops, a Silver Bottle Crain, a Silver Stand, Pap-pan and Pap-spoon, &c . the Goods of the said Thomas Smith . The Prosecutor deposed, that he being with his Family in the Country, his Servant came to him and told him that his Parlour Door and Bouffet were broke open and his Plate gone, whereupon he came to Town, and met one who told him where some of his Place was, and he found some of his Spoons (which he produc'd in Court) accordingly; that the rest of his Plate was carried to Dover in Order to go to France, but being stopt there, the Prisoner came back to London, and gave the Prosecutor a Particular Account of the Box of Plate so stopt, in Writing; which being inspected there, proved to be the same he had lost: that the Prisoner had been his Servant formerly, and having then behaved himself very well; had Access to his House afterwards. The Prisoner owned the
Elizabeth Wells , of St. Olave Silver-street , was indicted for feloniously stealing a Velvet Scarfe, a Silk Hood, a Suit of Headclothes, a pair of Stays, a Sattin Mantle, &c. in all to the value of 7 l. the Goods of Mary Brindley , in the Dwelling-House of Elizabeth Johnson , on the the 28th of November last. The Prosecutor deposed that the Prisoner came to her Lodgings the Day aforesaid just as she was going out, and askt her if she did not know one Mrs. Morris; that she answered, Yes; that the Prisoner said Mrs. Morris had recommended her (the Prosecutor) to her self (the Prisoner) for a Midwife; that she askt her to drink a Dish of Coffee, but the Prisoner not liking that Liquor, she sent for a pint of Drink for her; that after a little talk, the Prisoner went away, and she went out about her business; that presently after the Prisoner came back again, and called her (the Prosecutor's) Grand Daughter by her Name, saying, Betty open the Door, which she did; and the Prisoner went in and sent Betty to the Black Bull in Wood-street, to enquire for Mrs. Sarah the Bar-keeper, and while she was gone of the Errand robb'd her Lodgings of the Goods mentioned in the Indictment. That afterwards going out and taking her Grand-Daughter along with her, she (her Grand-Daughter) saw the Prisoner in the Street, ran to her, took her by the Arm and secured her till they got a Constable; that when she was in the Watch-house, she perceived the Prisoner to have the Suit of Headclothes on mentioned in the Indictment. The Prosecutor's Grand-Daughter confirmed the same, and farther deposed, that she was sure that the Prisoner was the same Person that came to their Lodgings, and sent her of the Errand. Mrs. Morris deposed that the Prisoner came to her House and ask'd for the Baker (this Evidence's Husband); and said that her Husband was Lighterman, and Church-Warden of the Parish, that he was her (this Evidence's) Husband's Countryman, and would take Bread of him; that after some Discourse the Prisoner askt her who was her Midwife, saying that she was with Child of her 14th Child, and her old Midwife was Dead; whereupon she told her, Mrs. Brindley (the Prosecutor) was her Midwife , and directed her where she liv'd. The Prisoner denied the Fact, but called none to her Reputation. The Jury considering the matter, found her Guilty to the value of 39 s. Transportation .
Peter De Plosh , of St. Botolph Bishopsgate , was indicted for privately stealing a pair of Gloves, a Hat, an Iron Tobacco-Box and 3 s. 9 d. in Money, from the Person of William Howard , on the 16th of December last. The Prosecutor deposed, that as he lay asleep on a Butcher's Stall between 2 and 3 a Clock the Morning aforesaid, he lost his Money, Gloves, Hat and Tobacco-Box; and that they were going to take off his Booots, which waked him; that his Gloves and Tobacco-Box were found on the Prisoner. - Werrey deposed, that the Prisoner was a Common Disturber, was making a Noise in the Street, had threatned to set his Uncle's House on Fire, and he was sent for to secure him, who threatning him, he search'd him for fear he should have any Pistols in his Pocket, and found the Prosecutor's Box there. The Justice deposed that one Tyler confest before him that the Prisoner and himself pickt a Man's Pocket on a Butcher's Stall in Bishopsgate-Street , and that the Prisoner was brought before him for threatning to set his Uncle's House on Fire. The Prisoner denied the Fact, and said that he kickt the Box before him in the Street, and took it up. He called none to his Reputation, neither could be give any Account how he lived, the Jury found him Guilty to the value of 10 d. Transportation .
John Edwards of St. Botolph without Bishopsgate , was indicted for privately stealing, a Holland Handkerchief value 2 s. from the Person of Peter Munsoe on the 9th of this Instant January . The Prosecutor deposed that he lost his Handkerchief out of his Pocket, which was found in the Prisoner's Breeches. Richard Greening deposed, that as he was going down Bishops-gate-Street he was told that the Prisoner had pickt the Prosecutor's Pocket of his Handkerchiefs, whereupon he secured him, and found 5 Handkerchiefs about him; that the Prosecutor owned the white one, and told the Marks of it before it was taken from the Prisoner. The Jury found him Guilty to the value of 10 d. Transporation .
John Taylor , of St. Mildred in Breadstreet , was indicted for breaking open the Dwelling House of Henry Hide , on the 31st of December last in the Night time, and taking thence 3 Washing Tubs, 4 Bouls, a Peck-Measure, a Quarter of a Peck-Measure, 5 Funnels and 2 Wooden Platters . But the Evidence not being sufficient, the Jury Acquitted him.
Mary Browning , of St. James at Clerkenwell , was indicted for feloniously stealing a Silver Mag value 30 s. and a Camblet Riding Hood value 5 s. the Goods of Thomas Science , on the 29th of December last. It appeared that the Prisoner had been the Prosecutor's Servant about a Week, took the Goods and going to sell the Mug was stopt, when she Confest it was her Master's, who being sent for by the Goldsmith, came and owned it. The Prisoner had nothing to say for her self. The Jury found her Guilty . Burnt in the Hand .
Thomas Knight , of St. Margaret in Westminster , was indicted for privately stealing 29 Snuff Boxes, 16 Tooth-pick-Cases, 3 Womens Equipages, 2 pair of Pearl Tossels, 2 pair of Ear Rings, 30 Rings, 12 pair of Gold Buttons, 8 Tweezer-Cases, 9 pair of Gold Buckles, 8 Gold Chains, 17 Gold and Diamond Rings, 1 pair of Silver Spurs, &c. in all to the value of 666 l. 5 s. in the Shop of William Deard , on the 23d of December last. The Prosecutor deposed, that he being sent for, found his Shop broke open and his Goods gone; that he found the Prisoner in the Custody of a Constable; that he got a search Warrant, and found most of the other Goods in the Prisoner's Lodging, that the Prisoner confest the Fact before the Justice, and said that he broke open the Shop with an Augre, which he had left in the Shop, and which the Prosecutor produced in Court. T. Wix deposed, that the Prisner bought the Augre produced, of him. Jeremiah Lowen (the former Evidence's Servant) confirmed the same. Thomas Bird deposed, that he was sent for by the Goldsmith who stopt the Prisoner, to Search his Lodgings, where he found a Chest of Goods, which were produced in Court, and swore to by the Prosecutor. Mr. Mottier deposed, that the Prisoner came to sell a parcel of broken Gold Toys; but he having heard that the Prosecutor had been robb'd stopt the Prisoner, and sent for the Prosecutor, who owned them. Elizabeth Wilks deposed, that the Prisoner gave her a pair of Buttons which were owned by the Prosecutor. The Prisoner's Confession before the Justice was read in Court, wherein he owned that he broke open the Prosecutor's Shop in the Court of Requests, and took the Goods. The Prisoner in his Defence urged that it could not be privately stealing, because it was in the Night, but was told it was the more private for that; and that it was not a Shop but a Stall: He also called several to his Reputation, who gave him a very good Character. But the Fact being fully proved upon him, and confessed also by himself, the Jury found him Guilty . Death .
Mary Cranstone , of St. Dunstan at Stepney , was indicted for feloniously stealing 4 Yards of Cable value 15 d. the Goods of a Person unknown, on the 12th of December last. But the Evidence not being sufficient, the Jury Acquitted him.
Mary Taylor , of St. Botolph without Aldgate , was indicted for the Murder of her Male Bastard Child , on the 6th of December last. Mrs. Pain deposed, that she was sent for to the Prisoner, who complained that she was very ill of the Cholick; that looking about they found the Child in the Close-stool; that there were no Marks of Violence upon it, and she believed that it was not at its full Growth. Rebecca Taylor deposed, that the Child was dead when she came;Ann Way confirmed the finding the Childbed Linnen in her Trunk. Robert Bayley deposed, that the Prisoner's Mother sent for him, and told him that her Daughter had a violent Pain of the Cholick, that he gave her a gentle Purge to ease her, and a little after heard that she was deliver'd of a Child. The Jury considering the whole matter Acquitted her.
Rebecca Withers , of St. Mary in the Savoy , was indicted for feloniously stealing a Brass Pot and Cover, a Brass Sauce-Pan, a Copper Drinking Pot and 11 Yards of Camblet , the Goods of John Heath and James Bostock , on the 27th of December last. John Heath deposed, that the Prisoner was his Servant , but gone from him about 4 Months, that Mrs. Roberts came and told him that she had robb'd them, and carry'd the Goods to Mrs. Tripp's, where she lodged, whereupon he went thither, and found some of them, and the Prisoner confess'd all mentioned in the Indictment. Mrs. Roberts deposed, that she hired the Prisoner for a Servant, and losing some small things went to enquire after her Character, and hearing that she had carried some Goods to Tripp's, gave the Prosecutor notice. Susannah Tripp deposed, that the Prisoner brought the Goods to her House as her own, and ask'd her to sell the Brass Pot and Cover for her, which she did for a Shilling. The Prisoner denied the Fact, but called none to her Reputation. The Jury considering the matter found her Guilty to the value of 10 d. Transportation .
Katharine Clarke , of St. Giles in the Fields , was indicted for privately stealing a Silver Watch value 40 s, a Silver Chain value 2 s. 6 d. and a Gold Ring value 17 s. from the Person of Alexander Ramsey , on the 6th of this Instant January . The Prosecutor deposed, that he having been drinking a Glass of Wine, as he was going Home met the Prisoner and another Woman, who ask'd him to give them a Pot of Drink; that he went with them to an Alehouse Door; but did not go into the House, call'd for a Pot of Drink paid for it, and went away; that they followed him, and the other Woman took him about the Neck, pull'd him backwards, and said she would kiss him; that he missing his Watch seized the Prisoner. who said the other Woman had it; that he was told, if he would not Prosecute the other, he should have his things again; which were indeed brought to him, but he knew not by what means. The Prisoner in her Defence said that the Prosecutor pickt up a Woman and carried her into a Brandy-Shop; that he threw her upon the Bed, and afterwards went with her into an empty Room, where they were together above an Hour: That he called her (the Prisoner) to fetch them a Pot of Drink and a Candle; that his Breeches were down, and the other Woman running away he seized upon her (the Prisoner.) The Prosecutor being ask'd, own'd his being at the Brandy-Shop with them, and that he paid a Shilling for two quarterns of Brandy; and that the Prisoner was searcht and nothing found upon her. The Jury considering the matter, Acquitted her.
Humphrey Angier , Elizabeth his Wife and William Duce , of St. Martin in the Fields , were indicted for Assaulting Rose Turner , putting her in Fear and taking from her a Gold Ring value 10 s. and 4 l. 4 s. in Money . But it appearing to be a malicious Prosecution; the Jury Acquitted them.
James Gibbs , of St. James in Westminster , was indicted for feloniously stealing a pair of Flaxen Sheets, and a Diaper Tablecloth , the Goods of Peter Mackdonnel , on the 30th of November last. But the Evidence not being sufficient, the Jury Acquitted him.
William Bridgeman , of St. Ann in Westminster , was indicted for feloniously stealing a Callicoe Gown value 10 s. and a Linnen Apron value 2 s. the Goods of Margaret Litchfield ; and 3 Suits of Headclothes value 6s. the Goods of William Tustin , on the 8th of December last. Margaret Litchfield deposed, that she lost her Gown and Apron, which were hung up in her Entry to dry. Sarah Tustin deposed, that she lost 3 Suits of Headclothes out of her Room. Mary Bostock deposed, that she seeing the Prisoner hold a wet Gown up against the Lamp to look upon it, and afterwards cram it into his Breeches, acquainted a Chairman (that was just by) of the matter, who went to him, secured him and had him before a Justice; that they found the Headclothes, Gown and Apron in his Breeches, which were produced in Court and swore to be the Prosecutors. The Chairman confirmed the former Evidence. The Prisoner in his Defence said that he found them, and having no where else to put them, thrust them into his Breeches, and intended to have them cry'd the next Morning. But the Jury not believing him, found him Guilty . Transportation .
William Ingledeau , of St. Andrew in Holbourn , was indicted for Assaulting Ann Wall on the High Way on the 26th of December last, putting her in Fear, and taking from her a Turkey Handkerchief trimm'd with Gold value 20s. the Goods of Nicholas Wall . Ann Wall deposed, that she met the Prisoner and two more in Holbourn ; that the Prisoner snatcht her Handkerchief off her Neck, and threw it to the others; whereupon she cry'd out, and the Boy that was with her seized the Prisoner immediately, and the other two ran away. Daniel Stiles deposed, that as he was going home with the Prosecutor, he saw the Prisoner take her Handkerchief, whereupon he seized him and pull'd him from her. Daniel Mitchel deposed, that the Prisoner, when brought to him, said he had been in Druy-Lane, that he knew not the other two, and offer'd to make Satisfaction; that he said he should be try'd for his Life, but hop'd to come off with Transportation, which he did not much value, for he had been abroad already. The Prisoner denied the Fact, and called two to his Reputation, who deposed that they knew him from his Birth, that he was a Barber and Perriwig Maker , had been at the Indies, and came home about 3 Months ago, and had behaved himself honestly. The Jury considering the matter, and that the Handkerchief was snatcht off the Prosecutor's Neck without any Violence done to her Person, or putting her in Bodily Fear, the Jury found him Guilty of the Felony only . Transportation .
James Melton , of the Parish of Pancras in Middlesex , was indicted for the Murder of Thomas Lewis , by giving him one Mortal Wound in the Left Pap with a drawn Sword, of the breadth of half an Inch and the depth of 6 Inches, of which he instantly died . He was indicted a second time for Manslaughter on the Coroner's Inquest for the same. James West deposed, that he being in Lambs-Conduit-Fields, some Boys told him that the Prisoner and the Deceased were going to fight, whereupon he followed them to a place near the new Burying Ground, and saw them strip, take up their Swords, and push at one another; that the Deceased wounded the Prisoner in his Right Side, which bled very much; that they shook Hands, the Deceased went away, and the Prisoner followed him; that the Deceased turn'd about, and the Prisoner stood ready to receive him; that they fought again, and the Prisoner wounded the Deceased in the Left Breast, who died immediately. John Frazer deposed, that they were drinking together at the King's Arms in Drury Lane, being about 14 in Company (Drummers in 2 several Regiments of the Guards) and that some Words arose about dividing the Money that had been given them for Beating; that the Deceased had the Money in his Hand and said, Here's the Money, who will take it from me? that after other Words the Deceased said, there's no time like the present, I'll never part with it till I see it out. That they went out, and he wondering that they staid, went after them, and met the Prisoner very Bloody; who told him that what he had done he did in his own Defence: that
Sarah Gibson , of St. Clements Danes , was indicted for feloniously stealing a Brass Candlesticks and a Saveall , the Goods of Peter Warburton , Esq ; on the 7th of this Instant January . Thomas Wharton deposed, that he was with his Master in his Chamber in Lincolns Inn , and hearing a Noise as of the fall of Brass, went to see what it was, and, met the Prisoner, who askt him if he wanted any Writing Sand; that when she was gone he mist the Candlesticks, and went after her, and found them and the Saveall upon her in another Stair-Case. The Prisoner said she never did so before, and called two to her Reputation. The Jury considering the matter, found her Guilty to the value of 10 d Transportation .
Thomas Butler of St. Andrew in Holbourn , was indicted for feloniously stealing a Gold Watch, a Silk Night-Gown, and 6 Holland Shirts, in all to the value of 26 l. the Goods of Sir Justinian Isham , Bart. a Silver Watch. a Sword and 8 Guineas, the Goods and Money of John Whitacre ; and 14 l. 8s. 6d. the Money of Edward Freeman , on the 12th of January, 1719 . John Whitacre deposed, that as he was travelling with Sir Justinian Isham, they were Assaulted by 3 Men near Dunstable in Hertfordshire , that one of them took Sir Justinian out of his Chariot, and another (he believed the Prisoner) took him out; that he gave him what Money he had, but the Prisoner askt for his Watch, which he had hid under the Seat in the Chariot, and which the Prisoner afterwards found; that they took Sir Justinian's Pocket-Book and Key; took the Trunk and were going to break it open, but that he (this Evidence) gave them the Key; that they took out of the Trunk a Gold Watch, a Night-Gown, 6 Shirts, a Silver Hilted Sword and 14 l. in Money. That the Prisoner owned when taken that he had Sir Justinian's Gold Watch and Night-Gown, and this Evidence's Watch and a Ring for his Share; and that he wore the Night-Gown, which was found in his Lodging and produced in Court, and swore to be the same that was taken out of the Trunk aforesaid. The Woman of the House where he lodged, near Red-Lion-Square in Middlesex; deposed that he went by the Name of Esq; Becket; wore Black Velver, Lace Ruffles, and every thing else answerable. John Osgood deposed, that about Half a Year after the Robbery, he received a Letter from the Prosecutor to enquire after the Prisoner; who owned, that himself, one Smith, who was executed at Maidstone, and Jack - in Ireland, who went for his Footman, committed the Fact, and owned to him (this Evidence) all the Particulars, saying it signified nothing, to conceal any any thing, for he was to be an Evidence. The Jury found him Guilty . Death .
Thomas Butcher , of St. Giles without Cripplegate , was indicted for feloniously stealing 2 Boxes value 3 s. 20 printed Books value 20 s. and a Brass Candlestick value 1 s. the Goods of Henry Phelps , on the 8th of this Instant January . Jonathan Betterton deposed, that being call'd to go to the Fire, which broke out about 7 a Clock that Night in Red-Cross-street, going through the Bowling-Alley into White-Cross-street , to call another Watchman, he heard two Men parlying in the dark, and one of them said to the other D - n you, why don't you go off now we have got our Booty? whereupon he went back to the end of the Alley, and took the Prisner as he came out with one of the Boxes, and the other Person threw down that he had got, and ran away. The Prosecutor deposed, that the Fire broke out the back-side of his House; that the Goods taken on the Prisoner (which were produc'd in Court) were his; and that he lost them at that time. The Prisoner in his Defence said, that he met a Man in White-Cross-street with 2 Boxes, who offer'd him 6 d. to carry one of them; and being ask'd, said he did not know where he was to carry them, nor the Man who employed him, and bid him follow him. He having no Evidence to prove it, nor any to his Reputation, the Jury found him Guilty . Transportation .
John Heatley of the Precinct of St. Katharines , was indicted for feloniously stealing 1 pair of Silver Buckles value 10 s. the Goods of Samuel Lloyd , on the 25th of November last. The Prosecutor deposed, that the Prisoner about 3 or 4 a Clock the Morning aforesaid, came into his Master's Barge. even into the Cabbin, without any Ceremony, and being wet, his Master ordered him (this Evidence) to rise and make a Fire to dry him; that when he had dried himself he went away, and he (the Prosecutor) mist his Buckels out of his Shoes, which when the Prisoner came into the Barge, stood by the Fire-Place, but were removed; that there was no Body else in the Cabbin; that some time after (having notice of him) they took him at a Musick House, and he confest the Fact. William Lewis (the Prosecutor's Master) confirmed the same. Another Evidence deposed, that when the Prisoner was taken they brought him to his House, where he owned to him that he took the Buckles, and said that he was sorry for it. The Prisoner denied the Fact upon his Tryal, and in his Defence said, that, he fell into the Mud, and went into the Thames to wash himself and Clothes, then into the Barge to dry them: That when they took him they told him he must go to Newgate if he did not make Satisfaction, and gave him a Week's time to raise Money to do it, which he not performing, they brought this Prosecution against him. But could not prove his Defence, nor bring any to his Reputation. The Jury considering the Matter, found him Guilty to the value of 10 d. Transportation .
Ann Wood , of St. Ann in Westminster , was indicted for privately stealing 2 Silk Handkerchiefs value 6 s. in the Shop of William Wakeham , on the 2 d. of this Instant January . But the Evidence not being sufficient, the Jury Acquitted her.
Elizabeth Hunt , of St. Giles in the Fields , was indicted for feloniously stealing a Pewter Quart Pot value 20 d. the Goods of Griffith Edwards , on the 20th of December last. The Prosecutor deposed, that the Constable sent him word that searching for stolen Goods, he had found his Pot in the Prisoner's Cellar. The Pot was produced in Court, had the Prosecutor's Name, &c. writ round it, and was swore to by him; and that he lost it 2 or 3 Days before he had notice of it. The Constable confirmed the former Evidence, and farther deposed, that he found several other Pots belonging to divers People, some batter'd and others with the Names of the Owners filed out, which he also produced in Court. The Prisoner in her Defence said, that she lent Money on the Prosecutor's Pot to a Woman who promised to redeem it the next Day; and called some Persons to her Reputation. The Jury considering the Matter, found her Guilty to the value of 10 d. To be Whipt .
Mary Shepherd , of St. Giles in the Fields , was indicted for feloniously stealing 3 Gold Rings, value 35 s. a Silver Buckle value 1 s. and a Girdle value 2 s. the Goods of Simon Newman , on the 19th of December last. The Prosecutor deposed, that the Prisoner was his Servant , and took the Goods out of his Drawer, and went away with them. Henry Mallard deposed, that he went to seek after the Prisoner, and found her in Kent-Street, drunk: that she pull'd one of the Rings off her Finger, and told where she had sold the other two; which they found accordingly: that they brought her away with them, but when she came to St. Paul's Church-Yard she would go no further
Hester Watts , of St. Dunstan at Stepney , was indicted for feloniously stealing 1 pair of Leather Breeches value 2 s. the Goods of Richard Colecroft , on the 4th of this Instant January . It appeared that the Prisoner took the Breeches out of the Prosecutors Shop, but being seen and spoke to, carried them back and hung them up again. She was a very Antient poor Object, and the Prosecutor declaring that he was willing to forgive her if the Court would, the Jury Acquitted her.
Elizabeth Stiles , of St. James at Clerkenwell , was indicted for feloniously stealing 3 Guineas, a Half Guinea, a Quarter Guinea, and 7 s. 6 d. in Money ; the Money of Mary Roebottom , on the 11th of November last. The Prosecutor deposed, that the Prisoner and 3 Women more came to her House towards the Evening to borrow 40 s. and took between 12 and 15 l. which was in a Bag in her Drawer, her Key being in the Drawer; that she saw her Money there the Minute before she mist it, having gone to her Bag to change a Half Crown for them; that she pursued and took the Prisoner with a Guinea, a Half Crown and a Six-Pence. Mr. Ely deposed, that the Prisoner confest the Fact; and owned that the Guinea, Half Crown and Six-Pence were the Prosecutor's, and that Betty Jones gave them to her, for her Share. The Constable confirm'd the last Evidence: And it appearing that the other 3 were indicted the last Sessions for the same Fact, when the Prisoner was to have given Evidence against them; but instead thereof clear'd them, the Jury found her Guilty . Transportation .
William Robbins , of St. James in Westminster , was indicted for committing a Rape on the Body of Mary Tabor , (a Girl of about 7 Years of Age ) on the 24th of December last. Mary Tabor (the Mother of the Girl) deposed, that her Husband took the Child out with him on Christmas-Eve; that when she came home seem'd to be uneasy. wriggling her Body, and being askt where she had been, she said at her Taylor's sitting on his Shop-board; that on the Monday she complained that she could not make Water, and that she smarted sadly; that on Tuesday she complained wose, and being examin'd, told her, that the Prisoner put his Finger into the Place where she made Water, and also put the thing with which be made Water, into the Place where she made Water. Elizabeth Smith deposed, that she being sent for, found the Child's Private Parts swell'd and rent downwards; that there had been Force, but she knew not who did it. Joseph de Layer deposed, that he was sent for to the Girl, and found her privy Parts very sore and bruised; that she had a Running which continued then; that there was a Penetration, and that she had been forced by a Man. John West and Peter du Hamel (two other Surgeons) confirmed the former Surgeon's Evidence, and deposed that they were of the same Opinion with him. John Tabor deposed, that the Prisoner owned to him that the Girl was with him on Christmas-Eve; but denied that he did any thing to her. Another Evidence deposed that the Prisoner's Stall is next the Street, that one Man may work in it and no more; that there's a Flap to shut up; and that the Child was well before that Saturday. Another Woman deposed that she washt the Child's Linnen, and never saw any Marks of Hurt before. The Prisoner denied that the Child was with him that Day; or that he ever offer'd any thing like it to her, and call'd the following Evidence: John Brown deposed, that he viewed the Child with two other Surgeons, that there was not a Penetration large enough for a Man to make; that he try'd with a Probe, which would not go up; that she had a Running, and that he had known the like Hurt occasion'd by a Child's Riding on a Horse. Another Surgeon that was with the Child at the same time as the former, deposed that there was no Penetration large enough for a Man, that she was not lacerated, and that the Probe would not enter. Mary Tomlins deposed, that the Prisoner's Shop is next the Street, and as Publick as the High Way, and some body or other always at it; that the Prisoner was hard at work that Day for a Tenant of hers to finish his Coat against Christmas-Day, and work till 12 a Clock at Night; that she lives over against his Shop. But being ask'd, said, that she did not know that he was at work for her Tenant till after; and that there is a Window to shut up when the Prisoner goes out. He also called 5 or 6 to his Reputation, who gave him the Character of a honest civil Man, but one said that he would run after the Girls a little. The Jury considering the whole matter Acquitted him.
Elizabeth Smith , alias Richardson , of St. John at Hackney , was indicted for feloniously stealing a Gold Ring value 20 s. the Goods of Jeremiah Woodley , on the 16th of December last. It appeared that the Prisner was the Prosecutor's Servant , and that her Mistress sent her to London with a Horse to sell some Goods; that she staid out with the Horse all Night and spent the Money; that her Mistress missing the Ring came to Town the next Day and found her, charg'd her with the Fact, and had her before a Justice, where she confess'd it. Her Confession was read in Court, and the Jury found her Guilty . Transportation .
Susannah Mountjoy , of St. Dunstan at Stepney , was indicted for feloniously stealing a Callimancoe Petticoat value 16 s. the Goods of John Eggleston , and a Camblet Riding Hood , the Goods of Elizabeth Smith , on the 10th of December last. But the Evidence not being sufficient, the Jury Acquitted her.
Mary Rawford , of St. James in Westminster , was indicted for feloniously stealing 1 Pewter Dish, 7 Pewter Plates, 2 Pewter Spoons and a Copper Saucepan , the Goods of John Cullis , on the 10th of this Instant January . The Prosecutor deposed that the Prisoner came with her Mother to his House, and while her Mother went up Stairs, the Prisoner took the Goods out of the Yard, which were afterwards found upon her tuckt up in her Petticoats. The Prosecutor's Servant confirm'd the finding the Goods on the Prisoner as before related. The Prisoner in her Defence said, that she did not intend to steal the Goods, but only to make the Maid (who was a malicious Person) Hunt for them. But that Excuse not availing, the Jury found her Guilty . Transportation .
Richard Branch of Stanwell , was indicted for feloniously stealing a Black Gelding value 8l. the Goods of Henry Hosey , on the 11th of July last. But the Evidence not being sufficient, the Jury Acquitted him.
Daniel Collins , of St. Paul at Shadwell , was indicted for committing a Rape on the Body of Mary the Wife of Henry Powell , on the 14th of November last. But no Evidence coming against him, and it appearing to be a Contrivance to extort Money from him, the Jury Acquitted him, and the Court granted him a Copy of his Indictment.
Edward Arnold , of St. Clements Danes , was indicted for Assaulting William Saunders on the 10th October last, putting him in Fear, and taking from him a Silver Headed Cane value 20s. and 3s. 6 d. in Money , the Goods and Money of the said William Saunders . It appeared that the Prisoner went with other Constable s to the 5 Bells in Essex-street to take up Saunders with a Scape Warrant; that meeting with Resistance the Cane was mist for the present, and Saunders rescued. It appearing not to be a Robbery but a Lawful Action, the Jury Acquitted the Prisoner, and the Court granted him a Copy of his Indictment.
Ann Lee , alias Carter , of St. Paul at Shadwell was indicted for feloniously Stealing a Stuff Petticoat value 2 s. the Goods of Ann Travers , on the 20th of May last. But the Evidence not being sufficient, the Jury Acquitted her.
William Wright of Isleworth , was indicted for feloniously stealing a Leaden Cistern value 30s. the Goods of John Gumley , Esq ; on the 28th of November last. John Davis deposed, that William Corner ask'd him one Morning if he would go along with him and the Prisoner Wright to fetch a Cistern belonging to
William Flewelling , of St. Clements Danes , was indicted for feloniously stealing 2 Coach-seats value 20 s. the Goods of Sir Andrew Chadwick , on the 12th of this Instant January . Richard Acreman deposed, that he going up Bow-street with George Bowers , heard an Oyster-Woman cry out Stop Thief, and saw the Prisoner run with two Coach-seats; that he dropt one of them in the Kennel and they took him with the other upon him. George Bowers confirmed the former Evidence. The Prosecutor deposed, that his Chariot waited for him in Essex-street, and his Servant came to him and told him the Seats were stollen out of it. The Coachman and Footman deposed, that they had seen the Seats that were dropt by, and taken upon the Prisoner, and that they were their Master's. The Prisoner in his Defence said that he found them in Drury-Lane; but could not prove it, nor call any to his Reputation; and the Jury not taking his Word for it, found him Guilty . Transportation .
He was a second time indicted for Assaulting John Davis , a little Boy , on the 13th of this Instant January , putting him in Fear, and taking from him a Cloth Coat value 8 s. But the Evidence not being sufficient to fix it upon him, the Jury Acquitted him.
Mary Freeman , of St. Margarets Westminster was indicted for feloniously stealing a Holland Shirt value 7s. the Goods of Ann Hind , on the 24th of November last, But no Evidence appearing against the Prisoner the Jury Acquitted her: And the Court order'd the Recognizance of 20 l. Penalty which the Prosecutor was bound in, to be restreated into the Exchequer.
Michael Hall , of St. Margaret in Westminster , was indicted for feloniously stealing 2 Guineas, the Money of Katharine Simpson , in the Dwelling House of a Person unknown , on the 8th of this instant January . The Prosecutor deposed, that she is a Servant at the Grey Coat School in Westminster ; and that the Prisoner was brought up there, and put out Apprentice ; that he came to see her the Day aforesaid (which was Examination Day, and a great many People there) and she perceiving him to be ill, took him into her Room and set him down by the Fire, and while she went out about her business, he took an Opportunity to take the Guineas out of her Chest, which was unlockt in the Room where she left him. The Prisoner had nothing to say for himself and the Jury considering his Youth, found him Guilty to the value of 39 s. Transportation .
Mary Hollingsby , of St. Marry Le Bone , was indicted for feloniously stealing 8 Guineas on the 5th of this Instant January , in the Dwelling House of Thomas Grant . But no Evidence appearing against her, the Jury Acquitted her. And the Court ordered the Prosecutor's Recognizance of 40l. Penalty, which he was bound into prosecute her, to be restreated into the Exchequer.
Sarah Mills , of St. Botolph at Billingsgate , was indicted for feloniously stealing a Silk Handkerchief value 2 s. and 84 pieces of Gold called Moidores, the Goods of Anthony de Basto Corea , in the Dwelling-House of Mary Hill , on the 7th of January last. But the Evidence not being sufficient, the Jury Acquitted her.
William Spigget alias Spiggot , and Thomas Phillips alias Cross , having had several Bills of Indictment for Robbing on the High Way, found against them by the Grand Jury, were brought to the Bar to be Arraigned and take their Trials, but they stood Mute, and refused to Plead till they should have the Money, Horses, Accoutrements, and other things which were taken from them when they were Apprehended returned to them; But the Court told them that could not be granted, and for their Satisfaction order'd a Clause in an Act of Parliament made in the 4th and 5th Years of the Reign of King William and Queen Mary, intituled An Act for Encouraging the Apprehending of Highway Men, to be read unto them, which is as follows:
` And it is hereby further Enacted, That all and ` every Person or Persons who shall so Take, Apprehend, Prosecute, or Committ such Robber or Robbers, as aforesaid, as a further Reward shall have and enjoy to his and their proper use and behoof the Horse, Furniture and Arms, Money, or other Goods of the said Robber or Robbers that shall be taken with him or them; Any their Majesties Right or Title, Bodies Politick of Corporate, or the Right or Title thereunto of the Lord of any Manor, Liberty or Franchise, or of him or them Lending or Letting the same to Hire to any such Robber or Robbers in any wise notwithstanding.
Provided always, that this Clause, or any thing therein contained shall not be Construed to Extend to take away the Right of any Person or Persons to such Horses, Furniture and Arms, Money or other Goods from whom the same were before feloniously taken.
But they still refusing to plead, the Court acquainted them with the Ill Consequences of their Refusal, and what a heavy Judgement they would draw down upon themselves if they persisted in their Obstinacy; and the more effectually to convince them of their Folly and Error, ordered the Judgement to be read to them, which if they continued Mute must be Pronounced against them, and put in Execution, which Judgment was to the Effect following,
That the Prisoner shall be sent to the Prison from whence he came, and put into a mean House, Stopped from Light, and there shall be laid upon the bare Ground without any Litter, Straw or other Covering, and without any Garment about him, saving something to cover his Privy Members and that he shall lie upon his Back, and his Head shall be covered, and his Feet bare, and that one of his ` Arms shall be drawn with a Cord to one side of the House, and the other Arm to the other side, and that his Legs shall be used in the same manner, and that upon his Body shall be laid so much Iron and Stone as he can bear, and more, and that the first Day after he shall have three Morsels of Barley Bread, without any Drink, and the second Day he shall drink so much as he can three times of the Wa`ter which is next the Prison Door, saving running Water, without any Bread: and this shall be his Diet until be die. And he against whom this Judgment shall be given, forfeits to the King his Goods.
All this having no Effect upon them, the Executioner was called and ordered to tye their Thumbs, as usual in such Cases; but all being in vain, and they still peremptorily refusing, and declaring that they would not Plead notwithstanding all the Admonition that could be given them; the Court proceeded to pass Sentence against them to be prest to Death, as the Law directs. Whereupon they were carried back to Newgate in order to undergo that Judgment the Law had inflicted on them; but when they came to the Press, Thomas Phillips alias Cross desired to be carried again to the Bar, saying he would Plead; and Spiggot continuing still Resolute, was put into the Press according to his Sentence, where after he had been some time, he also desired that he might be carried to the Bar again, to Plead which being Granted, they were indicted by the Names of William Spigget alias Spiggot and Thomas Philips alias Cross, for Assaulting John Watkins on the High Way,
They were again indicted with William Heater ; Spiggot and Phillips for Assaulting John Turner on the High Way, on the 1st of November last, putting him in Fear, and taking from him 5 Guineas, the Money of the said John Turner, and 1 Box, a Gold Watch, 12 Holland Shirts, 2 pair of Lace Ruffles, 2 Cambrick Bosoms. 2 Lawn, Turnovers, 2 Muslin Turnovers, 2 pair of Stockings, a Hat, a Perriwig, &c. and 12 Guineas , the Goods and Money of Neal Sheldon , Esq ; and Hater as Accessory in Harbouring them, and receiving the said Goods knowing them to be stole .
John Watkins deposed, that as he was going to Monmouth with his Pack-Horses, between Brentford and Smallberry-Green, he observed Phillips to follow and watch him; that when he came to Bishops-Grove on Hounslow-Heath , Spiggot, Phillips and another rode up to him; that Spiggot clapt a Pistol to his Breast, bid him stand, took his Watch and 5 l. from him and said if he wou'd not tell him what Horse the Money was on they would kill them all. Phillips stopt the Ostler who was with him and took one of his Pack-Horses with the Goods, and the other Person secur'd his Man; that he lost above 200 l. in all. That he was sure Spiggot and Phillips were two of the three who robb'd him; that he knew Spiggot a great many Years ago, and had seen him in Monmouth Goal.
John Turner deposed. that he was robb'd on the 1st of November about 2 in the Morning, by 5 Men, 4 of them on Horseback, the other on Foot, near Tyburn ; that they took Mr. Sheldon's Box out of his Waggon and carried it away, and he following of them they knockt him down; that they went into his Waggon again, but took nothing else out of it; that they took a Mare from him; and that they were masqued and disguised.
Neal Sheldon deposed, that about the 29th of October he was coming out of Buckinghamshire, and thinking his Portmantua too heavy for his Man, he sent it up John Turner the Wendover Carrier, and that the Perriwig he had then in his Hand was his Perriwig and part of the Goods that were in the Box (or Portmanteau)which he deliver'd to Turner.
Mr. Bryan deposed, that he went with Mr. Merrit to Search Spiggot's Lodgings, and there found the Wig which was produced in Court.
Mr. Merrit Confirmed the same; and farther deposed, that they found several other things, some taken out of the Portsmouth Waggon, and others taken from Persons under Tybourn.
John Merrit deposed that Mr. Watkins came to him and told him that he was ruin'd; that 3 Highway Men had robb'd him on Hounslow-Heath, and took his Money, Watch, Goods, and a Pack-Horse from him: that he (this Evidence) enquiring after the Prisoners, sound where they had hired Horses, and desired the Person to stop them if they came to Hire any more, and he would reward them; that he dogg'd Heater with the Horses from Finsbury, to the George in Long-Acre, and thence to the Broadway in Westminster; that he (with the others that took them) planted themselves in a House over against the Inn where their Horses were in Westminster; but after some Consultstion they believing Mr. Rowlet the Inn-Keeper to be an honest Man, went to his House and acquainted him with their Business, who told them they should be welcome to set up there, and he would assist them; that Heater was the Porter who brought the Horses and put Sacks under the Saddles; that the next Morning about 10 a Clock, they came and went into the Stable, where Mr. Rowlet was before by Appointment, and they followed and took them: that Spiggot had the Landlord Rowlet down, but he (this Evidence) went to his Assistance.
John Rowlet confirmed Heater's bringing the Horses to his Inn, and the taking of the Prisoners in his Stable, and farther deposed, that as Mr. Bryan came into the Stable Phillips flash'd a Pistol at him, and he (this Evidence) followed Spiggot, threw up his Heels and Scuffled with him about half an Hour; that Spiggot shot him through the Left Shoulder, but at last offer'd him his Sword, saying he had done, and others came in and took him off.
Mr. Hill (the Constable) deposed that Mr. Merrit came to him with the Recorder's Warrant, that he went with him to Mr. Burton's then over to Mr. Rowlet's; that about 8 in the Morning Lindsey came in, and some were for securing him, but others said, no, that would prevent their taking the others, so they agreed to stay till they could meet with them together; that about 10 all three of them came in together and went into the Stable, and they followed and took them; that Phillips snapt a Musquetoon loaded with 3 Bullets at him (this Evidence) but it flash'd in the Pan only.
Mr. Bryan deposed that he went with Mr. Merri to Finsbury, and dogg'd Heater with the Horses to Westminster; confirm'd the Prisoners coming to the Inn and being taken in the Stable; that Spiggot flash'd a Pistol at him (this Evidence) and he (this Evidence) was knock'd down; that he seeing Mr. Rowles wounded and upon Spiggot, whose Sword was half drawn, he took it up with a design to stick Spiggot, but instead of doing so, ran it into a Butchers Leg: And that Spiggot swore he would kill a Thousand before he would be taken.
Murrel (the Boy who dogg'd Heater and the Horses from Finsbury to Long-Acre with two Horses, where he took another and carryed them to Westminster) confirmed the former Evidences.
Joseph Lindsey deposed, that Spiggot, Pbillips, Coltis and Tyson broke open the Box; and that Heater used to hire Horses and carry them backward and forward for them. but not for this Robbery: that he (Heater) received some Buttons and Mohair which he knew to be stole, but was not mentioned in this Indictment.
John Pritchard deposed that Mr. Merrit came to him with the Recorder's Warrant to execute on the Prisoners; that they took a Blunderbuss out of Phillip's Hand, who flasht a Pistol at them, but it did not go off; that Spiggot fired 2 Pistols and Wounded Mr. Rowlet.
James Leaton deposed, that Spiggot, Phillips and Lindsey came to take Horse in Westminster, that Heater came with them; that Phillips flasht a Pistol, but Lindsey surrender'd himself to this Evidence.
Autbony Merrit deposed that Heater has had Phillips's Horse to look after several times, and used to fetch Sacks and put them under the Saddles, and have the Goods sold from his House.
The Prisoners Spiggot and Phillips, both declared that Heater was innocent of the Matter, and only acted as a Porter in fetching and carrying their Horses.
The Evidence not being sufficient against Heater, the Jury Acquitted him, and found Spiggot, and Phillips alias Cross Guilty of these Indictments, who had also several other Indictments found against them . Death .
William Spigget alias Spiggot was again Indicted with William Bourroughs of Finchley , for Assaulting Charles Sybbald on the High Way on the 25th of August last; putting him in fear. and taking from him 15 Guineas and 10 Shillings in Money . Joseph Lindsey deposed that the Prisoners and himself met the Prosecutor and his Man on Finchley Common about Bartholemewtide last, and Robb'd him of a Purse of Guineas; that he knew but of 6 Guineas and a half, that Spiggot took the Purse, and they were all concerned in the Fact. That the Prosecutor and his Man rode one on a White Horse and the other on a Grey. Mr. Sybbold deposed that he was assaulted on Finchley Common on the 25th of August last by Three Men on Horseback; that one of them presented a Pistol to him on his Right another of them did the same on his Left, and the third secur'd his Man. That Lindsey took the
Ann Tompkins , alias Webb , of St. Sepulchres , was indicted for feloniously stealing 14 lb of Cocoa-Nuts, 20 Gallons of Ale and 40 s. in Money, in the Dwelling House of Mary Benning on the 20th of October last. She was a second time indicted for feloniously stealing 5 Guineas, 80 Pound of Cocoa-Nuts, 10 Pound of Chocolate, some Coffee and 12 Flasks of Florence Wine . But the Evidence not being sufficient, the Jury Acquitted her of both Indictments.
William Bond , 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 formerly convicted of Felony, and Transported among other Convicts from Newgate for the same, had returned into the Kingdom of Great. Brittain, without any lawful Cause : which being fully proved upon him, the Jury found him Guilty . Death .
Joseph Johnson was Indicted for a Misdemeanour in Assaulting Robert Sandford , and striking him over the Right Wrist with a Handspike, which lamed him for a Week or a Fortnight . The Prosecutor deposed that he rents some Ground and Warehouses of the City by Fleet-Ditch, and that the Defendant Johnson erected a Post or Crain on his Ground to hoist Timber out of the said Ditch: that he sent his Man to tell him he must not do it; but he would do it, that afterwards he went with his Man to cut it down, and the Defendant Johnson took a Handspike and push'd at his Face with it, but he the Prosecutor put it by with his Hand, and in so doing push'd the Defendant on the Breast; whereupon the Defendant lifted up the Handspike again, and struck him over the Wrist, and and he was afraid would lose the use of his Right Hand by it. The Prosecutors Man confirmed the same. There were 5 Evidences call'd for the Defendant, who deposed that they did not see Mr. Johnson strike Mr. Sandford before he struck Johnson on the Breast with his Hand; but it appearing by two positive Evidences about what the negative Evidences called the Blow on the Defendant's Breast, was only Mr. Sandford's putting of the Handspike from his Face, the Jury Found him Guilty . Fined 10 Marks .
The Tryals being over, the Coste proceeded to give Judgement as followeth:
Receiv'd Sentence of Death, 7.
Burnt in the Hand, 2.
To be Transported, 19
Elizabeth Wells , John Wood , John Terry , John Cornwall , Peter de Plosh , John Edwards , William Bridgeman , William Ingledeau , Thomas Butcher , Mary Shephard , Elizabeth Stiles , Elizabeth Smith alias Richardson, Mary Rawford , William Wright , William Flewelling , Michael Hall, Rebecca Withers , Sarah Gibson , and John Heatley .
To be Whipt, 1.
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