THE PROCEEDINGS ON THE KINGS Commission of the Peace, Oyer and Terminer and Gaol Delivery
FOR THE CITY of LONDON, and COUNTY of MIDDLESEX HELD AT JUSTICE-HALL, in the OLD-BAILEY.
During the MAYORALTY of the Rt. Honble Sir William Stewart, Knight, LORD-MAYOR of the CITY of LONDON.
In the 8th Year of His MAJESTY's Reign.
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:
On Wednesday, Thursday, Saturday, Monday, Tuesday, and Wednesday being the 6th, 7th, 9th, 11th, 12th, and 13th of December, 1721. in the Eighth Year of His MAJESTY's Reign.
BEFORE the Right Honourable Sir WILLIAM STEWART , Kt. Lord Mayor of the City of London; the Rt. Honourable the Lord Chief Justice King; the Honourable Mr: Justice Eyre and Mr. Baron Montague ; Sir William Thomson , Kt. Recorder; John Raby , Esq; Deputy Recorder; with several of His Majesty's Justices of the Peace for the City of London and County of Middlesex.
William Wingfield and Mary Harman , of St. Peters Cbeap , were indicted for feloniously stealing out of the Dwelling House of Richard Skinner , 6 Ells of Holland, value 30 s. 3 Ells of Dowlas, value 4 s. 1 Yard of Muslin, 3 s. 1 Linnen Handkerchief. 1 s. 4 d. a Check Apron, 1 s. 8 d. and 20 Guineas in Money ; the Goods and Money of Richard Skinner and David James , the 18th of October last. The Prosecutor depos'd that the Prisoner, Wingfield, was his Servant , and that missing his Money and Goods, he charg'd the Prisoner with it, who confess'd that he took the Money at several times out of the Till; that he had kept Company with Mary Harman, who pretending she was with Child by him, seduced him to rob his Master, to provide for her Lying in. Mary Harman confess'd that William Wingfield gave her 6 Guineas. 2 Remnants of Dowlas, and 1 Remnant of Holland, but knew not how-he came by either the Money or Goods. Wingfield deny'd the Fact at the Bar, but his Confession before the Justice being read in Court, the Jury found him guilty to the value of 4 s. 10 d. The Evidence not reaching Harman, she was acquitted .
Ann Nicholls , of Alhallows, Lombard street , was indicted for privately stealing out of the Shop of Mary Dry. 18 Yards of Silk Ribbon, value 7 s the Goods of Mary Dry , Widow , on the 25th of November last. It appear'd that the Prisoner had consess'd the Fact before Sir John Fryer , and that she sold the Goods to one Beachcrest, a Slopseller at Billinsgate, who bid her bring any thing she could get to him, and he would give her Money for it Her said Confession being read in Court, the Jury found her guilty to the value of 10 d.
John Scoon , of St. Michael Crocked Lane was indicted for privately stealing out of the Shop of Samuel Wilson , 12 Dozen of Bathmetal Buttons, value 12 s. a Copper gilt Watch Ch in, value 2 s. the Goods of Samuel Wilson , on the 6th of November last. Joseph Lock depos'd, that being in the Prosecutor's Shop, he heard the Glass Case rattle, upon which stepping to the Door he saw the Prisoner at the Glass Case, and stopt him; that the Glass Case was broke, and the Goods mentioned in the Indictment missing. That he saw a Woman take up the Gross of Buttons from under the Stall, but could not find the Watch Chain; upon which he charg'd a Constable with the Prisoner, and search'd him. and after some time the Prisoner gave'em the Chain from the Wastband of his Breeches; which was confirm'd by William Limbry the Constable The Prisoner in his Defence laid he won the Chain at Southwark Fair, but could bring no proof of it; Guilty to the value of 4 s and 10 d.
William Langly , of Alhallows Barkin , was indicted for feloniously stealing 28 Pound of Tobacco, value 20 s. the Goods of Micajah Perry Esq ; on the 30th of November last. William Harrison depos'd, that coming by Brewer's Key Gate-way , he saw 2 Men taking Tobacco out of their Cloaths, and putting it into a Shirt, upon which he call'd the Watch; that he 2 Men then ran away, and left the Shirt and Tobacco behind'em. That he, this Evidence, followed and stopt the Prisoner, and found 2 Hands of Tobacco in his Coat but that the other Man got off. And that he believed the Tobacco found on the Prisoner was the Prosecutor's Goods because they afterwards found the Prosecutor's Hogshead cut with a Knife. The Constable and Watchmen confirm'd the former Evidence, and the Shirt and Tobacco was produc'd in Court. The Prisoner in his Defence said he met a Man who desired him to help him carry the Tobacco, and that he thereupon lent him his Shirt to put it in; but bringing no body to prove it, the Jury found him guilty .
Edmund Ogden , of Alhallows Barkin , was indicted for feloniously stealing 3 Pound of Tobacco. value 3 s. the Goods of Micajah Perry , on the 25th of October last. Thomas Hoskins , Watchman on the Keys, depos'd, that he saw the Prisoner take the Tobacco out of the Hogshead, and that he, this Evidence, follow'd the Prisoner to an Alehouse, where he saw the Tobacco lying on a Table, but that the Prisoner refus'd to restore it. The Prisoner said the Evidence was a scandalous drunken Fellow, that had ow'd him a spite a long time; and that the Tobacco found on the Table belong'd to the Man of the House. The Jury acquitted him.
Edward Corder , of St. Andrew Holbourn , was indicted for privately stealing out of the Shop of John Jackson , a wooden Drawer, value 2 d. and 19 s and three Half pence in Money , the Goods and Money of JohnElizabeth Jackson depos'd that as the was sitting in a back Room, about 7 at Night, the Prisoner came into the Shop, and took out the Drawer, which the hearing, ran out and stopt the Prisoner in the Shop, with the Goods upon him, till some others came to her Assistance. The Prisoner laid in his Defence, that he was Drunk, and knew not what he did. The Jury found him Guilty to the Value of 4 s. and 10 l.
John Pool , of St. Botolph Aldgate ; was indicted for privately stealing out of the Stable of Francis Douce , a Livery Coat, value 30s. a great Cloth Coat; 4 s. a Fustian Frock 2 s. and other Things , the Goods of Francis Douce and John Cass . Parts of the Goods were found on the Prisoner and his Confession before Sir John Fryer being read, the Jury found him Guilty to the Value 10 d.
Sarah Carvel of St. John Wapping , was indicted for feloniously stealing out of the Dwelling-House of Philip Gear , 31 Guineas, the Money of Peter Johnson ; 2 Moidores, 1 half broad piece of Gold, 1 quarter piece of Gold , the Money of Philip Gear , on the 18th of October last. It appear'd that the Prosecu-tor's Wife, and the Prisoner were together at Gear's House, and that Mrs. Gear took the Money mention'd in the Indictment, with 8 Guineas more, out of her Pocket, and put it in a China Bason in the sight of the Prisoner. That Mrs. Gear went up Stairs, and left the Prisoner alone in the Room, That afterwards the two went out together, and lockt the Door after them, that returning in about 3 Hours, she found the Door lockt, and taking down the Bason found but 8 Guineas in it: that the prisoner being charged with it, confest the Fact and paid 19 Guineas down, and promis'd to make up the rest. The Prisoner in her Defence said that she was frighten'd into the Confession by the dread of going to Newgate, and that she knew nothing of the Matter. She called several Witnesses to prove that Mrs. Gear had charged the Fact upon one Dollifield a Waterman; and that Gear had own'd that when she came home, her Door was open; that she had received 16 Guineas of two several Persons a Day or two before the Robbery was committed, which was part of the Money she paid to make it up. Several Witnesses of Credit appear'd to her Reputation; the Jury found her Guilty to the Value of 4 s. 10 d. Burnt in the Hand .
Christopher Atkinson , of St. Clement Danes , was indicted for the Murder of Alice Peak by beating, kicking, and bruising the said Alice, on the Head, Stomach, Belly, and other parts of her Body, on the 23d of October last, of which she languish'd till the 26th of the same Month, and then dy'd . He was a second time indicted on the Coroners Inquest for the same Murder.
Alice Lansdown , Mary Joice , Elizabeth Welch , and Ellenor Austin , depos'd, that they (being at Mr. Barthow's Door, near Smithfield Bars) saw the Prisoner grasp the Deceased by the Throat, and force her into a Coach; and saw the Blood issue from the Mouth and Nose of the Deceased, who lay dead (to appearance) for some time. That the Deceased made some resistance, and begg'd for Bail; that next Day the Deceased being bail'd, and a Surgeon sent to bleed her, she said she was a dying Woman; and that the Deceased being then in Bed, never came out of it after. Mrs. Hart depos'd, that the Deceased being just come out of Newgate, was arrested by the Prisoner; that this Deponent offering to get Bail, the Prisoner struck her with his Cane, and call'd her Old Bitch; that while she was gone for Bail, the Deceased was carried to the Coach. That the Deceased told her, that the Prisoner threw her down a pair of Stairs in his own House, and that if it had not been for Lad who stood at the foot of the Stairs, she should have fell down another pair. That the Deceased said, the prisoner stampt on her Belly in the Coach, and that she laid her Death to him. Uriah Rimington and Thomas Gray depos'd, that they went to the prisoner's House to bail the Deceased; that the Deceased begg'd of them to get her out, for she was afraid she should be murdered; adding, that the Prisoner had thrown her down Stairs. But being cross examin'd. Rimington said, that the next Day he heard the Deceased and Mrs. Hart ask the prisoner's pardon for assaulting him. Alice Harly depos'd, that going to see the Deceased on her Death-bed, she told her that she was in bodily Health before the prisoner arrested her, and that he had been her Death; but that she freely forgave him, and hoped God would also. That she, this Deponent, heard the prisoner say to Hart, Ye old Bitch, will you rescue my Prisoner? and then struck her, Mrs. Hart, with a Key. Grace Duffy confirm'd the same.
The prisoner in his Defence said, that having arrested the Deceased at her own Door, Hart came up, struck him on the Head with a Key, thrust the Deceased into the House, and shut thee Door upon her: That then as he was going in at the Window, the Deceased open'd the Door; that he took her by the Arm, and with the help of two more ( she strugling and catching hold of every thing she could reach brought her to the Coach; where being prest by the Mob, he ran his Head against the edge of the Coach Door which let his Nose a bleeding; and that if any Blood was seen on the Deceased, it came from his Nose and not from her.
Mr. Hawkins, the Surgeon, depos'd, that on opening the Body of the Deceased, he found it fair and fresh with in; and by the nicest inspection, he could not perceive she had received any outward injury. Mr. Frances, Apothecary, deposed, that a Week before the Deceased's death, he found her in a Malignant Fever, somewhat delirious, her Pulse very irregular; that her illne's did not proceed from any Blows or Bruises, but from other Hardships, as Cold, and want of Necessaries, Alice Smith and John Barthow deposed that it was the Prisoner that bled and not the Deceas'd; that all the Evidences for the Deceas'd were scandalous Persons, and particularly, that Hart was a wicked abandon'd Wretch, and would swear any thing. The Jury considering the whole, acquitted him.
Arthur Gray , of St James Westminster , was indicted for Burglary, in breaking and entring the House of George Baillie Esq in Great Marlborough-street , in the Night time , with an intent to Ravish and Carnally know Grizel the Wife of Alexander Murray against her will , the 14th of October last.
Mrs. Murray deposed that on the 14th of October about 4 in the Morning the Prisoner enter'd her Room, in the House of George Baillie Esq; with a Pistol in one Hand, and a naked Sword in the other, telling her that there being such a vast disparity in their Fortunes, he had no hopes of succeeding any other way, and therefore was fully resolv'd to ravish or kill her, that she us'd what entreaties she could to dissuade him from his design, but he still persisting, laid the Sword on the Bolster, and endeavour'd to pull down the Bed Cloaths; that she beg'd him to delay till she had spoke to him further, asking him it nothing would prevail with him to desist, that he answer'd he had already ventur'd his Life for her sake, and therefore was resolv'd to pursue his design, be the consequence what it would, adding that all the Family was a sleep and if she made a noise he'd shoot her with the Pistol. That he then offering again to take off the Bed-Cloaths, she pusht him against the Wall, wrench'd the Pistol out of his Hand, and with her other Hand rung the Bell, upon which he ran out and she followed him to the Door and cry'd Murder, which rais'd the Family: that he was in her Chamber 3 quarters of an Hour.
Elizabeth Trimnel deposed that she waited on Mrs. Murray to Bed about one a Clock and shut the Door after her, that coming by the Door again about 3 she found it open again, that she then shut it again and left it shut and believ'd it was fast. Then the Prisoner put several Questions to this Evidence about the Lock, to which she made in effect the following answers. That it was a brass spring Lock that open'd and shut without a Key, that the Lock was faulty, difficult to make fast, and apt to slip back and open of it self, which she believed might be the reason she found Mrs. Murrays Door open the second time she came to it.
James Park deposed that hearing a noise near 5 a Clock he stept out of Bed, and ran down Stairs in his Shirt, thinking there had been Thieves in the House, but finding nobody below went up again, where he met the Lady Baillie and Mrs. Murray at the Stairs head, when he heard Mrs. Murray say, The Rogue is just gone out of the Rooms down Stairs. That the Lady Baillie told him that Arthur had attempted to ravish her Daughter Mrs. Murray. That afterward going in search for the Prisoner, he met Mr. Hays who shew'd him a Key and askt if he knew it, this Evidence answered yes, then Hays said if he'd follow him he'd bring him to the owner of the Key, that Hays carried him to a Room in his House,Thomas Hughs afterwards came to him; that he this Evidence askt the Prisoner, if he went into Mrs. Murray with a Sword and Pistol with an intent to lye with her? The Prisoner said yes. The Evidence then askt what possest him to do it? The Prisoner answer'd he believed the Devil possest him. The Deponent askt him if he was Drank, he answer'd he could not say he was.
Thomas Hughs deposed, that being in Bed he arose at the Noise at the time aforesaid, and took a Blunderbuss in his hand, thinking Thieves had been in the House, but found none. That afterwards hearing the cause of that disturbance he went in search of the Prisoner, and at last between 8 and 9 that morning found him on Hays's Bed with neither Shoes nor Hat. That he heard the Prisoner own he went into Mrs. Murrays Room in the manner aforesaid and that he was sorry for it; but this Evidence did not remember that he heard the Prisoner say he went in with intent to Ravish Mrs. Murray, or that he heard Parks ask Gray on what account he went in. The Prisoners Confession before Mr. Justice Blany was read, in which he own'd that He open'd and entered the Chamber of Mrs. Murray with a design to ravish her, and that he brought the Sword and Pistol, to put her in fear and oblige her to comply. Several of the Prisoners Letters were produced in Court, one of which (directed to the Honourable and most Christian Lady Bennyng .) was openly read where he says. I must acknowledge my fault, and pray forgiveness of God, and the Lady of the Family whom I have offended.
The Prisoner in his Defence said, that having been out making merry with some of his fellow Servants , he came home very much disorder'd with Liquor, and going up Stairs to Bed without his Shoes as he usually did.) he thought he heard somebody in Mrs. Murray's Room, upon which he went down again, brought up a Sword and Pistol and went into Mrs. Murray's Chamber, that he laid down the Sword to look behind the Bed, at which time Mrs. Murray rung the Bell and alarmed the Family.
John Vandercome deposed, that the Prisoner and 7 or 8 more, were in Company together at his House the Night preceeding the 14th of October, that they drank 4 pints and half of Brandy, and 4 quarts of Beer, that he went home between 3 and 4 in the Morning, not quite Drunk but very mellow. Jane Ruffield deposed, that the Cook was drunk over Night, but that the did not observe any of the others. That in the half Year she lived with the Lady Baillie, she never knew Mrs. Murray's door to be lockt fast at Night, for that she us'd to go into Mrs. Murray's Chamber every morning to light a Fire. That it was a Brass Spring Lock very faulty, and that it never us'd to be lock'd with a Key. All the Evidences gave him the general Character, of a Youth of civil and modest behaviour. The Jury (after about an hours Consultation,) found him Guilty of the Indictment. Death .
Thomas Vincent , James Anderson , Bridget Prichard , Mary Rea , Elizabeth Green , John Martin and Robert Wimberly , were Indicted for publishing a forg'd and Counterfeit Will, as the real and genuine Will and Testament of John Hutchinson , late of St. James Westminster Inn-holder, on the 19th of September 1720 . The Council for the King open'd, That the Deceased falling sick at Vincent's House, Robert Hutchinson (Brother to the Deceas'd) coming to visit him found him Speechless. That Hutchinson went out again to fetch the Surgeons, and at his return found his Brother dead, and that Hutchinson and others with him found the Prisoners drawing up a Will, he the deceased being then dead, that the Will was then unfinish'd and neither sign'd nor seal'd, that the prisoners endeavour'd to hinder Hutchinson from seeing the Will, by which Counterfeit Will, the prisoners shar'd among themselves the Goods and Chattels of the Deceased, except 50 l. which they-bequeath'd to Hutchinson, and afterwards prov'd the Will at Doctors Commons. The Council for the prisoners pleaded that the Will (which was read in Court,) having been prov'd in Doctors Commons, the determinative sentence of that prerogative Court in a Will touching a personal Estate only, must stand in full force; And thereupon the Jury acquitted them.
Samuel Laws and William Richards of St. Andrew Holbourn , were Indicted for privately stealing out of the Ware-house of Thomas Allen . 15 Hundred weight of Cork value 15 l. the goods of Thomas Allen on the 30th of August last. Laws confest the Factand said he was enticed to commit it by Richards. Several Evidences proved that Richards was seen in the Prosecutors Ware house, that he (Richards) assisted in loading the Cork, and that it was carried to his House. Richards brought several Witnesses to prove that Laws was a person known to be Commisson'd by Merchants to sell for them, that he he bought the Cork of Laws and paid him the full price for it, that he had it brought home publickly in the day time, and let it lye openly in his own Shop He brought a great many of his Neighbour to his Reputation and the Jury acquitted him, and found Laws Guilty
John Sergeant , alias John Higgons . St. Giles in the Fields , was indicted for feloniously stealing a Leg of Pork, value 2 s. 5 d. the Goods of John Driver , on the 19th of November last. It appear'd the prisoner took it out of the Prosecutor's Shop, but being pursued, it was taken upon him. The Prisoner in his defence said, a Man gave him the Pork to carry, but that Excuse being frivolous, the Jury found him Guilty to the value of 10 d.
Robert Trippet of St. Andrew Holborn , was indicted for stealing 6 Clock Bells value 13s. the Goods of Charles Pinkstone on the 2d of January last, but the fact being committed before the last Act of Grace, he was Acquitted
Charles Beddo of St. Magnus the Martyr , was indicted for feloniously stealing a Cask value 2s. and 9 Gallons of Ale value 11 s. the Goods of William Hodges and Charles Osborn , on the 25 th November last, but no Evidence appearing he was Acquitted
Samuel Hull , alias Hall of St. Michael Wood-street , was indicted for feloniously taking to Wife Ann Walker on the 30th of October , in the 6 th Year of his Majesties Reign, his former Wife Susan Purser being then alive , but the fact being committed before the last Act of Grace, he was Acquited .
Amey Peasy of St. Saviour Southwark indicted for Perjury, in making an Affidavit in the Court of the Kings Bench, contradictory to a former Affidavit by her made in the same Court. But the Evidence not being full enough to prove the latter Affidavit , she was Acquitted .
Robert Bembridge was indicted for the Murder of Constance Radison , by kicking and bruising the said Constance Radison on several parts of her Body, and giving her one Wound with a Sword on the lower part of her Back, on the 5th of November last, of which she languished till the 6th of the same Month and then dyed . He was a second time indicted on the Coroners Inquest for the same.
Langhorn, Chambers, and Keeling, Watchmen, depos'd, That on Sunday, Nov. 5 about 2 in the Morning the Prisoner and the Deceas'd were drinking a Dram in Princes street, St. James's that quickly after the Deceas'd shreek'd out, and they found her all bloody; she said she was stuck; that they helpt her up, and she went away. That about 2 Hours after the prisoner came by the end of Princes street , with his Sword in his Hand, undrawn; that he said to Keeling, I have stuck an old Whore in the Arse, and have sent her about her Business. That the Watch seiz'd him, and he own'd he believ'd he had prickt the Woman but he was willing to make Satisfaction and pay the Surgeon; that he offer'd the Watchmen half a Crown to let him go. Mr. Turner, the Constable, said, that he carried the Prisoner before Sir Thomas Clarges , where he at first deny'd the Fact, but afterwards confest. He believ'd he struck the Woman, but that he did it with his Sword in the Scabbord. The Sword was produc'd in Court misty (with Blood) at the point, and a little bent, but no sign of Blood on the Scabbord. Martha Dolben and Aigail Hart depos'd that the Deceas'd wnt out well on Saturday Night, and between 5 and 6 o
Clock next Morning, came to the Cellar where she lodg'd, and said she was stuck; that she groan'd continually and neither eat
The Prisoner in his Defence said, that the Deceased follow'd him, and pick'd his Pocket, and said G - D - ye, I'll stick ye; that she snatch'd his Sword from him, which he with struggling got from her again; but that he knew nothing of sticking her, except it was done accidentally in the struggle. Robert Tyler depos'd, that at 10 o'Clock on Sunday Morning, he saw the Deceased at her Landlady's Window very drunk, as she often was. Elizabeth Tyler , depos'd that she saw her a dying, and that she lay on a cold brick Floor. Mr. Vaughan, Mr. Sherword, Surgeons, and Edw Lampton , Servant to Mr. Vaughan, depos'd, that there was an Inflamation in the Deceased's Lungs, occasion'd by her hard drinking, and the cold place she lay in, which in their Opinion caus'd her Death; and that the Wounds she receiv'd were not mortal. The Jury found him Guilty of Manslaughter . Burnt in the Hand .
James Biss , was indicted for the Murder of Thomas Cross , by giving him one mortal Wound with a Sword in the right Thigh, of the breadth of 1 Inch, and the Depth of 8 Inches, on the 12th of October last, of which he languished till the of November, and then Dyed .
Wardel and Phipps, two Servants at the Mews , depos'd, that about 10 the Night aforesaid, hearing an Outcry, they found the Prisoner with his Sword drawn, standing by the Deceas'd, who lay on the Ground on his Hands and Knees; that the prisoner went toward the Mews Gate, which was shut; that he afterwards return'd and surrendred himself civilly. John Douglas depos'd, that the Deceased, after he was wounded, told him, that his Foot slipt in the Action, and the prisoner stab'd him while he was down. Mr. Macartney, and Mr. Charles depos'd, that the Deceased and the Prisoner fell out at the Rummer Tavern, about a Wig, and would have fought, but the Witnesses prevented them; that they went to Tom's Coffee House, and after some stay there, they parted; that as the prisoner and Mr. Charles were going together, they met the Deceased again; that they talk'd together, and then the prisoner and Mr. Charles went to Tom's Coffee House; that in a little time the prisoner went away and left him. Mr. Charles further depos'd, that he saw the Deceased after he was wounded, who said, that the prisoner and he had three fair Bouts, and he believ'd he had run him in the Throat or Breast, for he was sure he felt his Sword in him. Mr. Shaw and Mr. Martyn depos'd, that the Wound was the occasion of the Deceased's death.
The prisoner in his Defence said, that when he left Mr. Charles, he met the Deceased, who had waited for his coming out; that he endeavoured to avoid Fighting, but that coming by the Mews Gate, the Deceased pulled him into the Mews, drew upon him, and swore if he would nor Fight, he'd kill him upon the spot; that he drew to defend himself, the Consequence of which was the unhappy Accident for which he stood at the Bar. Mr. Westbrook, Surgeon, depos'd, that the prisoner, when in the Gatehouse, was his Patient, for a Wound in his Breast, which seem'd to be done with a Sword. Mr. Barlow, Surgeon, depos'd, that the Deceased, a little before his death, confest in his hearing, that his Sword was in his Hand when he was wounded by the prisoner. The Jury found him Guilty of Manslaughter . Burnt in the Hand .
Nicholas Leader depos'd, that being at a Meeting house in Old Gravel lane, the prisoner, after Service was ended, came to him, and seeming very religious, began some Discourse in commendation of the Minister, and of what he had then preach'd; by which means (3 or 4 Sundays successively) he insinuated himself into the good Opinion of the Prosecutor, and invited him to drink with him at Mr. Powels, in the Minories; when he askt this Evidence where he might hear of him another time; who told him, at the 3 merry Potters, at the Hermitage . That then the prisoner promis'd he'd come and see him the first opportunity, which in a few Days he performed. The prisoner staying late with the Prosecutor, and telling him he lived a great way off, desired the Prosecutor to let him lie with him that Night, which he granted. After they had been in Bed a little while, the Prisoner began to kiss and embrace the Prosecutor, thrust his Tongue in his Mouth, called him his dear Friend, and got on his Back; but the Prosecutor resisting, threw him off 3 or 4 times, telling him if he would not be still, he'd turn him out of Bed. The prisoner then seizing the Prosecutor by the Throat almost strangled him, turned him on his Face, and forcibly entred his Body about an Inch; but the Prosecutor still strugling, threw off the prisoner once more, and prevented the prisoner from making an Emissio Seminis in his Body; but having thus forced the prisoner to withdraw, he (the prisoner) emitted in his own Hand, clapping it on the tail of the Prosecutor's Shirt. Saying, Now you have it! That he had then turned the prisoner out of Doors, but for fear of disturbing his ancient Grandmother, who lay Ill in the next Room. That the prisoner told him next Morning, he need not be so concerned at what he had done to him, for he had done the same to several others, naming in particular a Cabbin Boy. That the Prosecutor got a Warrant from Justice Tiller, and went with it the next Sunday Morning to the Meeting aforesaid, where the Constable whispering to the Prosecutor, and afterwards going to the prisoner, and sitting down by him, the prisoner being conscious of Guilt, and suspecting some Design, immediately took his Hat and went out, and they followed him, which he seeing, began to run; but they pursuing, and crying out stop him. soon overtook him and carried him before the Justice. The prisoner cry'd, entreated for Mercy, and begg'd they would not expose him to open shame; adding, they were all Sinners, and it was hard for a Man to suffer for the first Fault.
Mr. Powel depos'd, that he first saw the prisoner at a Lecture, which was no sooner over, but the prisoner coming to him, with a very devout Face, began his Discourse with some lavish Encomiums on what the Preacher had just delivered in his Sermon; telling this Evidence he should be glad to drink with him any other time, but it being the Lord's Day, he (having a very tender and scrupulous Conscience) did not care to go into a Publick house. Upon this they made an Agreement to meet as this Evidence's Father's House (in the Minories) on the 12th of Oct. last, where, after some Religious Discourse, the prisoner laid that his Wife was gone out of Town, and he having a pretty way home, desired to lie with him; which this Deponent (taking the prisoner to be really a sanctified Member) agreed to. They had not been long in Bed, before the prisoner began to kiss this Evidence, and take hold of his Privities, saying, How lean you be!Do but feel how fat I am? and then convey'd this Deponent's Hand to his (the Prisoner's) Secrets. Soon after (as the Deponent was lying on his Back) the prisoner got on him, and keeping him down, thrust his Penis betwixt the Deponent's Thighs, and there emitted. He afterwards told this Deponent he need not be troubled, or wonder at what he had done to him, for it was what was very common, and he had often practised it with many others; at the same time desiring the Deponent to act the same with him, but he refused, replying, he was a stranger to all such Practices and telling him, if he had known before, what sort of a Man he had been, he would not have lain in the same Bed with him. The Spermatick Injection not being proved, the Court directed the Jury to bring in their Verdict Special .
George Hogrel , of St. Anns Westminster , was indicted for feloniously stealing a silver Salt, value 10 s. 8 d. the Goods of William Canaway , on the 7th of Nov , ber last. The Prosecutor depos'd, that the prisoner (being a Fidler) was sent for, to play at his House, at which time he took an opportunity to convey away the Salt. That missing the Salt the next Day, his Wife, upon enquiry, found it at a Goldsmiths, where the prisoner had sold it, by which means the Person that stole it was discover'd. The prisoner said he was drunk, and knew nothing of the Matter, till the next Day coming to himself, he found the Salt in his Pocket. Guilty to the value of 4 s, 10 d.
Thomas Parker , of Stepney , was indicted for stealing 24 Ounces of unwrought Silk, value 48 s. the Goods of John Charpentier , on the 22d of October last. His Confession before the Justice being read, he was found Guilty to the value of 10 d.
John Brocken of St. Margaret Westminster , was indicted for breaking the House of Alexander Macdonnel , and taking thence 2 pair of Silver Buckles value 15 s Silver Tea Spoon value 2 s. and 5 l. in Mony, the Goods and Money of the said Alexander Macdonnel, on the 14th of November last in the Night time . Barbara Macdonnel deposed, that being to rise early the said Morning she left a Lamp burning: about 2 a Clock hearing a Noise she drew the Curtain back, and saw the prisoner with his Body half in at the Window, taking the Money out of her draw, but being surpris'd and afraid she did not then lay hold of him, but when he was gone, arose in her Shift ran to the door and cry'd out stop Thief. She saw the Prisoner planly, knew him very well, and was positive she was rob'd by the same Man that then stood at the Bar. The Circumstance of the lamp was confirm'd by another Witness. The prisoner in his defence call'd his Comrade, who swore he lay with him from 8 that Night to 9 next Morning; and prov'd by other Witnesses that the Prosecutor had said that the person that rob'd her was a short Man; that the prisoner was tall, and that the Prosecutor had offer'd Money to a Woman to swear against him. Several appear'd to his Reputation. Not Guilty .
James Drew and Ann Williams , of St. Martins in the Fields , were indicted for feloniously stealing a Silk Purse, value 4 d 5 Guineas, 1 half Guinea, and 31 Shillings in Silver , the Goods and Money of John Cox , on the 25th of October last. It appeared that the prisoner was the Prosecutor's Servant , and went away with the Money; but the Money being miss'd and she suspected, she was pursued and taken at Stanes, with most of the Money upon her. She own'd the Fact, and said she had not done it, but by the over perswasion of James Drew ; but no proof appearing against him, he was Acquitted , and she was found Guilty of the Felony.
John Gill , of St. James's Westminster , was indicted for feloniously stealing a Peruque, value 4 s. 6 d. the Goods of John Thrasher , on the 12th of August last. He was a 2nd time indicted for feloniously stealing 2 Calves Skins, value 4 s. the Goods of Ann Hall , Widow , on the 8th of November last; of both which Indictments he was found Guilty to the value of 10 d each .
Rebecca Slater , of St. Paul Shadwell , was indicted for feloniously stealing 2 black quilted Petticoats, value 5 s. the Goods of Thomas Rook , on the 7th of November last. Her Confession being read, she was found Guilty to the value of 10 d.
John Alcock , of Hornsey , was indicted for privately stealing a Peruque, the Goods of Jeremy Spencer , in the Shop of the said Jeremy Spencer , on the 25th of October last. It appeared the prisoner came into the Prosecutor's Shop to be shav'd, and gave the Boy (no body else being in the Shop) half a Crown to change, which whilst he was gone to do, the prisoner run away with the Wig. Guilty to the value of 4 s 10 d.
Hannah Nicholson , of St. Pauls Covent Garden , was indicted for feloniously stealing a quilted Gown, value 5 s. a Shirt, value 3 s. a Fan, value 2 s. 2 Handkerchiefs and 2 pair of Gloves , the Goods of John Salt , to which Indictment she pleaded Guilty .
Richard Farthing , of St. Martin Outwich , was indicted for feloniously stealing a pair of Cloth Breeches, value 5 s. a Fustian Frock, val. 5 s. the Goods of William Knight , in the Warehouse of the said William Knight , on the 30th of August last; but the Prisoner making it appear that be bought the Goods of the Prosecutor's Servant, the Jury acquitted him.
John Beton and Richard Farthing , of St. Martin Outwich , were indicted, the former, for privately stealing 120 Yards of Brocas Canvas, value 42 s. 30 Yards of Hessian Canvas value 17 s. 6 d. and other things, the Goods of William Knight and Nathaniel Plat . in the Warehouse of the said William Knight and Nathaniel Plat , on the 20th of September last; and Richard Farthing for being accessary in receiving the same . It appeared that the prisoners got acquainted with the Prosecutors Servant, by buying some slips of Buckram of him (which Slips were the said Apprentices Perquisites) and afterwards perswaded the said Apprentice, at several times, to rob his Master of the Goods mentioned in the Indictment, which Beton took out of the Warehouse, and delivered to Farthing at the Door. As the Goods were sold off, they brought the Prosecutors Servant share of the Money; but a piece of Canvas being at last stopt on suspicion, the prisoners were apprehended. The Prosecutors Apprentice confest the Fact, and made himself an Evidence. Guilty of Felony .
John Frazier , of St. Peter Cornhil , was indicted for feloniously stealing 5 walking Canes, val. 20 s. the Goods of Richard Arthur , on the 14th of Octo. last; but the Fact not begin plainly prov'd on the prisoner, and he calling many to his Reputation, who gave him the Character of an honest, careful, industrious Man, the Jury acquitted him.
Mary Bun and Elizabeth Mob , of St. Etbelburg within Bishopsgate , were indicted for privately stealing a Linnen Bag, value 1 d. a Guinea, and 3 l 19 s. in Silver, from the Person of John Foster , on the 16th of October last. John Foster depos'd that about 10 at Night going to his Inn. (the Vine without Bishopsgate) he met the prisoners, who stopt him and ask'd him to give'em a pint of Wine; which he refusing, and going forwards, they follow'd him, and stopping him again, told him, if he would not give them a Pint, they'd give him one. That he waited on'em to the Queens head Tavern , but had scarcely drank round, before they began to be very fond of him. That Mob flung her Arms round his Neck, and kiss'd him; that then she pick'd his Pocket of the Bag and Money mention'd in the Indictment, and gave it to Bun, who hid it betwixt her Legs. That perceiving it, he went to search Bun who conveyed it again to Mob. The Prosecutor upon this alarm'd the House, and sent for a Constable, who coming to his assistance, found the Bag and Money upon Mob. The Bag and Money were produc'd in Court, which the Prosecutor swore to be his, Bun said in her Defence, the Prosecutor gave her a pint of Wine to go out of the Room, whilst he talk'd with Mob in private. And Mob to vindicate herself, said the Prosecutor gave her the Money for what they had been doing together alone, Bun was acquitted , and M b found guilty of the Indictment. Death .
Mary Harvy alias Coate , and Ann Parker of St. Botolph Bshopsgate , were indicted for privately stealing from the Person of Daniel Cassel , a silver Watch, value 7 l. the Goods of Dancel Cassel, on the 18th of November last. The Prosecutor depos'd, that As be was going along von Night, very merry vid Liquor, dese two Vomen (de prisoners at de bar ) fell in his vay, and Mary Harvy ask a him to go vid her to her loshing, and ven da came dare, she no find de key of de Door Den Ann Parker told a him she had got a loshing in Petty France ; and to he ventvid em to dat loshing, and vent up von pair of Stairs; and dare Mary Harvy and he tumbel upon de Bed togeder; and den Harvy pick a his Vash out of his Pocket, and give is to Parker, and Parker run away vid de Vash, and Harvy get off de Bed and run away too; but his Breeshes vare down, and be cou'd no run after dem, to cash'em. Den anoder Voman came in, and ask a him, vat vill you give for your Vash again? and he say to her. I have no Money left, but I will give a you von pot of Beer; she lay dat is too leetle, and so she went out again. Den he make a very mush noise, and den de Vashman and de Connestable come in, and den dese two Vomen at de Bar come in after dem; and den he say to de Connestable. Maitre Connestable dese 2 Vomen have steal a my Vash out of my Pocket, and den de Connestable, and de Vashman take a dem all to de Compter.
Harvy in her Defence said, that she met the Prosecutor and a Woman with him, in Bishopsgate street; that the Prosecutor ask'd her to drink, and then carry'd her to this House in Petty France. That he went up with the other Woman, but would not let her go up with'em but that she staid below in the Kitchen; that in a little while he sent her down a Shilling to fetch two penny worth of Rods; that she went for the Rods, and when she came back, she found the Constable and Watchmen there; that one of the Watchmen told her, the Prosecutor had lost his Watch. but he (the Prosecutor) could not be positive who had it. Elizabeth Jenkins depos'd, that she saw the Prosecutor, and Harvy, and another Woman, known by the Name of squinting Abigail, go into her Neighbour's House in Petty France, and go up Stairs together; that Ann Parker was a Servant in the House and did not go up with `em, but staid below to tend the Child. The Watchmen coming in, the Prosecutor said, Harvy had
John Hart , of St. Sepulchres , was indicted for feloniously stealing 2 Gold Rings, value 18 s. 2 Silver Buckles, value 12 s. and 2 s. 6 d in Money , the Goods and Money of Benjamin Tong , on the 1st of December last. The Prosecutor depos'd, that going to the Red Cow in Turnbul street to ask for a Lodging, he saw the prisoner there a drinking. That the prisoner told him he could let him have a Lodging in his House - That he went home with the prisoner, who shew'd him a Room, where he lay that Night, but next Morning miss'd his Rings and Buckles; and asking the prisoner if he knew any thing of'em, he call'd him Son of a Bitch, and turn'd him out of Doors. He charged a Constable with the prisoner, who found the Buckles in the Lining of his Breeches; and then he told the Prosecutor he knew but of one Ring, and his Wife should give him that. The prisoner in his Defence said, that not going to Bed that Night, he came early to his Wife's Room, where he found the Prosecutor in Bed with his Wife; and asking him what he did there, the Prosecutor said, I have satisfied your Wife for what I have done; that afterwards his Wife shew'd him the Buckles, and told him the Prosecutor gave `em to her. Guilty .
Charles Graystock of St. Gregory , was indicted for privately stealing a silk Handkerchief value 2 s. 6 d. from Robert Atchcomb on the 13th of November last. The Prisoner was apprehended in the fact, and the Handkerchief upon him. Guilty to the Value of 10 d.
Jonathan Brindly of St. Brides , was indicted for feloniously stealing from the Boat of George Matson , 12 pint bottles of white Wine 12 s. and other things belonging to several Persons . Henry Killet deposed, that the Prisoner told him his Master was just then arrested, and bid him go to him; that while he went to enquire for his Master, the Prisoner (as several Witnesses proved,) carried the Boat a cross the Water, and went off with the Goods. Guilty .
John Lee , alias Lease of Fulham , was indicted for Burglary, in breaking and entering the House of Sir Charles Wager , and stealing 17 Muscovy Ducks 5 s. 4 Geess 3 s. 2 Turkies 3 s. 31 Hens and 4 Cocks , on the first of December last. The Goods being mist, were found on the Prisoner near Chelsea, who said he was Drunk and a Man hired him to carry them, but could not prove it, and thereupon the Jury found him Guilty of Felony only .
Edward Thomas of St. Margarets Westminster , was indicted for privately stealing out of the Shop of John Smith , a draw 6 d. and 8 s. in Money , the Goods and Money of John Smith. His Confession before Justice Butler was read, upon which the Jury found him Guilty to the value of 4 s. and 10 d.
Christian Salner of St. Anns Westminster , was indicted for feloniously stealing a Saw value 6 s. the Goods of James Cutler , on the 19th of November last, of which Indictment the Jury found him Guilty .
John Seaton of Stepney , was indicted for feloniously stealing in the House of Daniel Peirce , a Peruke 5 s. and other things the Goods of Laurence Maning , on the 27th of November last. Guilty to the value of 10 d.
Butler Fox of St. Giles Cripplegate , was indicted for Assaulting Sir Edward Lawrence on the High way, and taking from him a silk Purse, one Guinea, half a Guinea and 6 pound of Chocolate, and other things on the 2d of November last. Sir Edward Lawrence deposed, that the Day aforesaid, being in the Huntington Coach, he was rob'd by two Highway Men in disguise, that one of them (Hawkins) was discovered by offering 2 Shirts to Sale. William Hawkins deposed, the Prisoner hired a Horse of Mr. Norris at Finsbury (November 1) to go on the High way with him, and rob the Chichester stage Coach, which they did next Morning between 12 and 1. This Evidence then went to the Inn, to see what Passengers went in the Huntington Coach, that they both waited for it at Mount Mill , where the Prisoner stopt it, and this Evidence rob'd the Prosecutor; that coming to Moorfields the Evidence took charge of the Goods, and sent the Prisoner away with the Horses, that they afterwards shar'd the Goods. Edward Carter , depos'd the Prisoner (Hawkins following him,) brought to his House a piece of Fustian, a piece of blew Cloth, 3 Books and other things, but that he suspecting they were stole, would not let them be left at his House. That the Prisoner and Hawkins made some Chocolate there, which they brought with them. That Hawkins owing this Evidence Money brought him a piece of Muslin which he said he brought from Holland, which he (this Evidence) bought at 4 s. per Yard for 28 s that he set 14 s. off Hawkins's Score, and paid the other 14 s to the Prisoner. The Pawn broker depos'd that he lent the Prisoners Wife 15 s. upon a piece of Fustian, a piece of blew Cloth, and some other things mentioned in the Indictment. Mr. Norris deposed, that the Prisoner hir'd the Horse of him to go to Croydon, but at 4 a Clock next Morning returned with that, and another Horse, both which he left there, but coming again soon after fetch'd away the strange Horse. Jonathan Wild deposed, that on Hawkin's information, going to the Prisoners House he found him there. That the Prisoners Wife then said to her Husband. Ay you Rouge! this is your Friend Hawkins's doings. The Prisoner in his defence deny'd the Fact, and said he had the Goods and Money of Hawkins in part of a Debt due to him. A great number of Gentlemen and Shopkeepers appeared in the Prisoners Reputation, and gave him an Extraordinary good Character. The Jury found him not Guilty ; but 2 other Robberies being Charged upon him, he is ordered to remain in Custody.
Thomas Burton of St. Martin in the Fields , was indicted for the Murder of Jane Like , by giving her one mortal Wound in the right Shoulder, of the breadth of 1 Inch, and depth of 8 Inches, by discharging a Pistol laden with Powder and Bullets, on the 22d of November last, of which she languished till the 23d. of the same Month and then dyed . He was a 2d. time indicted on the Coroners Inquest for the same. John Woodhouse deposed, that he being in the Celler (at the Vine Tavern Long Acre,) heard a Pistol go off, and in less than a minute heard another, then coming up he saw the Prisoner come in at the Door, and said he had set all the old Women a scolding with letting off his Pistols. Hannah Simpson depos'd, that coming out of the Bull head Inn, (opposite to the Vine,) she heard a Pistol go off, and in about a minute after heard another, upon which the Deceased (whom she then held by the Arm,) turning to her said, I am shot in the Side. She this Deponent then carry'd the Deceased into a Barbers Shop just by, where they sent for a Surgeon who drest the Wound, and then the Deceased desir'd to see the Person that had shot, whom they soon found and brought to her, the Prisoner expressed a great deal of Sorrow, bidding the Surgeon take care of her, and let her want for nothing, and he'd satisfy him for it. That the Deceased said she was a dead Woman, but believed the Gentleman did not do it designedly, that the Deceased died the next Day. William Nelson , Surgeon, deposed he found 1 Bullet on her Shoulder blade, and another in her Chest, which he believed to be the cause of her Death. The Prisoner said in his Defence, that coming in a Chaise to the Vine Tavern, and remembering his Pistols were Charged, he went to discharge them in his Chaise, that he fir'd upwards, but he believ'd the Chaise jogging might cause the Bullet to fly lower than he intended. Several Witnesses gave him the Character of a good natur'd, civil Gentleman, not given to be mischiecvous. Manslaughter .
John Jones of St. Anns Westminster , was indicted for Assaulting Mary Ferguson on the High way putting her in fear, and taking from her a Pocket, value 2d a prayer Book, value 6 d. and other things , the Goods of the said Mary Ferguson, on the 10th of November last. Mary Ferguson deposed, that on the 10th of November, about 6 at Night as she was going along King-street , the Prisoner and another came up to her, and jostled her against the Wall, one of them snatched her Pocket from her side and ran away, that keeping her Eye upon the Prisoner, she ran after him and crv'd stop Thief, upon which the Prisoner that he might not be suspected walk'd slowly, and at last stood still; that she then came up to him and saw the Pocket which he dropt, lying by him on the Ground, and a Gentleman coming to her Assistance they secured him. Several other Evidences were positive both in the Fact, and the Prisoner. Guilty . Death .
Christian Henry Kleinsmeide , of St. James Westminster , was indicted for stealing out of the House of John Smith , a Wastcoat, value 1 s. 6 d. a silk Cap, a Penknife, 2 Handkerchiefs, a Holland Shirt, and a Ring , the Goods of the Marquess Peter Carraccioli , on the 17th of July last. It appeared, that the Marquess, going to Paris, ordered the prisoner, his Servant , to pack up his Goods in London; but when they landed in France, the Goods in the Indictment were missing; and asking the prisoner where they were, he answered, he having forgot to pack'em up, had left'em at London. That the Marquess was
Nathaniel Haws of Finchly , was indicted for assaulting Richard Hall on the Highway, putting him in fear, and taking from him 4 s. in Money , on the 24th of November last. To this Indictment the prisoner refus'd to plead, saying, that as he had liv'd like a Man, he was resolv'd to die so, and not be hang'd in such a shabby Coat as he then appear'd in. That he had left a good Suit of Cloaths at his Lodging, when he was apprehended, which he pray'd might be return'd; and till this was granted, he positively refus'd to plead. His Thumbs were then ty'd together, and the Cord pull'd till it broke several times, but he still refusing to plead, was at last sentenc'd to be prest; and having lain in the Press about 7 Minutes, with 250 pound Weight upon him, he desir'd to be carried back, and pleaded Not Guilt.
Richard Hall depos'd, that Novem. 24 in the Evening, the prisoner came up to him on Finchly Common , and holding a Pistol to his Breast, bid him dismount. That he thereupon gave the prisoner 4 s. who was going to alight himself, in order to search the Prosecutor; which he observing, while his Back was towards him, he suddenly seiz'd the prisoner's Hand, and wrench'd the Pistol from him; and then clapping it to the prisoner's Breast, bid him surrender, which he did. A Drayman coming by, assisted the Prosecutor to carry the prisoner to Highgate, where he was secured. That the prisoner there own'd he had broke out of New Prison but the Sunday before. The prisoner said nothing in his Defence, but only insisted to have his Cloaths. The Jury found him Guilty . Death .
John Weston , of Stepney , was indicted for Assaulting, Ravishing, and against her Will, Carnally knowing, Ann Lockwood , Spinster. Aged 13 Years, on the 9th of November last. Ann Lockwood depos'd, that she was Apprentice with the prisoner's Wife, and her Mistress being gone a Nurse-keeping, the prisoner one Night gave her part of a Pot of Ale, and bid her go to his Bed, which she did. That the prisoner coming to Bed to her, put his Hand to her private Parts, and thrust his Finger into her Body, which hurt her, and make her scream out: that he then stopt her Mouth, and threatned to kill her if she made a noise; telling her he must serve her so, for he serv'd her Mistress so. That he then put something else into her Body, she knew not what, but said it was something where the little Boys Cocks are; that it hurt her sadly, and made her cry out. Sarah Collins , a Midwife, depos'd, that the Child's privy Parts were very much hurt, extended, torn and ulcerated; that she believ'd the Child was poxt, and that the Damage was done her by having Carnal Copulation with a Man. Ann Pickersgill depos'd the same. The Constable depos'd, that he heard the prisoner own that he put his Finger into the Child's Body. The prisoner in his Defence said, that he bid the Child go to his Bed, because she had been frighten'd when she lay alone; that coming home in drink, he went to Bed, and fell asleep; that before he was thorowly awake, he laid his Hand upon the Child, thinking it had been his Wife; but as soon as he found his mistake, withdrew from her. That it was no wonder that the Child was poxt, for he believ'd she was born with it, and that her Mother was poxt before her; and that the Prosecution was intirely malicious. The Mother depos'd, that when the Child came home to her, two Weeks after the Fact, she was so sore, that she could not sit; that the Child said, her Master threatned to put her in Bridewell if she told any body, and when he went out, always lock'd her up. The Woman that wash'd the Child's Shift depos'd, that she did not see the Shift any ways bloody, or stain'd: and the Child being ask'd, the same Question, confest that she knew nothing of her Shift's being bloody when she pulled it off, or that she herself had bled at all. The Jury acquitted him.
Nathaniel, alias William Armstrong , and Humphrey Finger of St. Martins in the Fields , were indicted for assaulting Richard Philpot , on the Highway, putting him in fear, and taking from him a Silver Watch, value 7 l. a Guinea, and a Broad piece , on the 23d of November last: but the Evidence not being sufficient, the Jury acquitted them.
Dorothy Frost , of St. Paul Shadwell was indicted for feloniously stealing in the House of Will. Cross, 20 Guineas, a piece of Holland, value 1 s. and a pair of Gloves, value 5 l. the Goods of the said William Cross ; but the Fact not being prov'd on the prisoner, she was acquitted .
Isaac Gerrard , and Ann Cawderoy , of St. Mary Whitechappel , were indicted for Burglary, in breaking and entring the Dwelling House of Robert Smith , in the Night, and taking thence a Looking Glass value 6 s. a Table Cloth, value 2 s. 6 d. a Callico Gown, value 6 s. and other Things , the Goods of the said Robert Smith, on the 5th of October last. Elizabeth Byhew (who was the only Evidence) having escap'd from New Prison, and no other sufficient Evidence appearing, they were both Acquitted .
William Leekie , of St. Giles's in the Fields , was indicted for the Murder of Elizabeth Ash by giving her one mortal Wound with a Tipstaff near the Left Breast on the 17th of May, in the 7th Year of the King , of which she languish'd till the 14th of November following and then dy'd . It appear'd that the Deceased's Husband, Simeon Ash , being apprehensive of an Arrest, and hearing some Persons coming up, the Deceased and Alice Wheeler , an Evidence, stood with their Backs against the Door. which was shut: That the prisoner broke the Door open, and the Deceased was thrown down, and fell as if she were dead; but recovering, they set her in a Chair, and she said, the prisoner had wounded her thro the Door, with a Tipstaff, under the Left Breast: that she continued spitting of Blood till she dy'd. Susan Stead , the Midwife, depos'd, that the Deceased had a very hard Labour, and complain'd of a pain at her Heart, but that when she was open'd, the Surgeons said, whatever ail she had had, her Labour had thrown it off, for there was no appearance of any hurt left. The Coroner depos'd, that he saw only a little dent under her Left Breast, and that the Surgeons who open'd the Deceased, declared on Oath before him, that the Wound was not the cause of her Death, for they had examin'd particularly those Parts where she most complain'd. The prisoner in his Defence said, that going up to arrest the Deceased's Husband, he found the Door open, and going in, took the Deceased's Husband from behind the Bed; which the Deceased seeing, fell into a Fit: but that she soon recovered, and went down to the Door with them. That the Deceased's Husband afterwards arrested him in an Action of 20 l. for an Assault, and then told him, if he would not give'em 40 l. to make it up, they'd charge him on the Coroner's Inquest; which he did, and there he was acquitted. Jane Middleton depos'd, that she heard the Deceased say she had received a small Wound, but knew not who gave it her. He was Acquitted .
Ann Pain , of St. Stephen Walbrook , was indicted for feloniously stealing a Calamanco Petticoat, a Fan. 2 Muslin Aprons, and other Things , the Goods of Margaret Eads . on the 7th of December last. It appear'd that the prisoner was Servant to the Prosecutor: the Goods being found upon her, which she confest she stole, the Jury found her guilty of Felony .
Sarah Marriot , of Alhallows Barkin , was indicted for feloniously stealing 20 Yards of Lace, 2 Yards of Tape, and other Things , the Goods of Benjam. Laughton . The prisoner was Servant in the House, and the Goods were taken upon her. Guilty to the Value of 10 d. Whipt .
Thomas Hill , was indicted for feloniously stealing 1 Silver Watch, value 24 s. a Chain, a Seal a Coral, and 2 Girdles , the Goods of Owen Davis . The Evidence not reaching the prisoner, he was acquitted .
Robert Parker , was indicted for Subornation of Perjury . It appeared that Francis Valentine , having brought an Action in the Marshal's Court against Henry Dissington , on a promissory Note for 20 s. he the said Henry Dissington, employ'd the prisoner as his Solicitor , and delivered him the Money to pay the said promissory Note; but the prisoner putting the Money in his own Pocket. procur'd Tho Dry , for 5 s. to swear at the Marshal's Court, that he was by, when Diffington paid the 30 s. on the promissory Note to Valentine. Guilty . Fin'd 20 Marks . and Security for his good Behaviour for 3 Years .
Joseph Woolham , James Carrick , and Samuel Addis , were indicted for a Subornation of Perjury , in procuring Mary Deanly , to swear a Robbery against William Charlesworth ; but the Evidence not being sufficient, they were acquitted .
John King , on the 19th of November last. The Evidence not being positive, she was acquitted .
John Angel , was indicted for feloniously stealing 16 Pound of Suet, value 3 s. 8 d. the Goods of Mark Bows , on the 27th of October last. His Confession was read in Court. Guilty to the Value of 10 d.
Emanuel Giles , of Stepney , was indicted for assaulting Benjamin Doubleton , on the Highway, putting him in fear, and taking from him a Watch, value 4 l. a Coat, value 10 s. a Wastcoat, a Hat, 5 s. a Peruque, 5 s. a pair of Buckles, 6 s. and 9 s. 6 d. in Money , on the 20th of July, in the 7th Year of the King ; but the Evidence being too weak, he was acquitted .
Mr. Murdock depos'd, that about 11 o'Clock on Sunday Night, as he was going along Duke street, Westminster, he observ'd the prisoner following him; that then turning the Corner of Crown Court , he stood to make Water; upon which the prisoner came up, put one Hand round his Neck, kiss'd him, and ask'd him to give her a Pint; that then turning about, he found her Hand in his Pocket, and his Handkerchief gone; and thereupon called the Watch, who secured her.
The prisoner said, that as she was going home, the Prosector took hold of her, pull'd her into an empty House, and offer'd her Money to be rude with her; which she refusing, he beat her, and tore her Headcloaths; she cry'd Murder, the Watch came, and he then told'em she had pick'd his Pocket. The constable depos'd, he heard the prisoner say she knew where the Handkerchief was. The Jury found her Guilty to the Value of 10 d.
Richard Tinke depos'd, that missing the Mare out of his Stable, in Rochester , he got instant notice that the prisoner was seen riding upon her (the Mare being very well known.) He pursued him to the Turnpike at Chalk, where he heard that the prisoner (pretending to be his Servant) was rid forward without molestation. The Prosecutor still pursued him, and gaining fresh Intelligence on the Road, at last found the Mare in a Stable at the Bull Inn in Shoreditch, and the prisoner a bed in the same Inn; upon which he caused him to be apprehended, and carried before Justice Tilliard, where he confest he took the Mare out of the Prosecutor's Stable, and that he did it meerly out of Necessity.
In his Defence at the Bar, he said, that being in Debt, he was obliged to leave London privately, and coming to Rochester, accidentally met with an old Acquaintance of his, a Farrier, who gave him Entertainment for three or four Days. One Night it happen'd (as each was relating to the other his Misfortunes) that the Farrier told him he had got a most wicked Wife at London, who was about to sell all his Goods, and run away with the Money; and at the conclusion of the Story, told the prisoner, if he'd go to his (the Farrier's Father) in London, in order to prevent his Goods being sold, he'd hire him a Horse, and bear his Charges. This Request, the prisoner (in gratitude) knew not how to refuse. The Farrier then brought him the aforesaid Mare on which he rid to London, and put up in Sboreditch, because it was most out of the way of his Creditors. - But the Farrier not appearing, the Jury found him Guilty . Death .
The Prosecutor depos'd, that the prisoners (whom she knew before) came into her House, the Yorkshire Gray in Anniseed Clear , to drink; and after they were gone, she miss'd the Tankard. Upon which taxing Sarah Herbert , she confest it; and said, if they would not prosecute her, she'd return the rest.
William Wilkinson depos'd, that Sarah Herbert offer'd to sell a piece of the Tankard to him, telling him her Husband found it on the Lay-stall. The pieces of the Tankard were produc'd in Court, and Sarah Herbert 's Confession read. She took the Fact wholly upon herself, and said, that Tho Harper knew nothing of its being taken; but added, she was Drunk, and knew not what she did. Harper was Acquitted , and she was found Guilty . Death .
James Wright , of St. James's Westminster , was indicted for asaulting Samuel Towers on the Highway, putting him in fear, and taking from him a Watch, value 5 l. and 10 s. in Money , on the 22d of January, in the 6th Year of the King .
Samuel Towers depos'd, that on January the 22d, 1719. being in a Hackny Coach, in Marlboro street , three Men disguis'd, on Horseback, stop'd the Coach, and one of them presenting a Pistol to his Breast, demanded his Money, but not delivering readily, another, at the other Door, cry'd out, D - n him, does be resist? shoot him; and with that, struck the Prosecutor on the race with a Whip; they then took away his Watch and Money, and afterwards rob'd the Ladies in the same Coach, and rid off.
Jonathan Wild depos'd, that being at the Fountain Tavern by Newgate, with the prisoner, and Hawkins, the prisoner ask'd him to let him have his Working Tools (Pistols) again, which he took from him, when the was committed to the Marshalsea; which this Deponent denying, the prisoner then ask'd him to lend him any other pair to go on the Road, for (says the prisoner) I must take up the old Sport again.
T. Askew depos'd, that when the prisoner was taken (upon Hawkins's Information) he heard the prisoner say, That Rogue Hawkins! - I expect no other than to be ty'd up.
The prisoner in his Defence said, that Hawkins would swear any thing to save his own Life. That Hawkins had often enticed him to go on the Road with him; but he refusing, Hawkins told him one Day, If you wont go with me, I'll be up with you. Guilty . Death .
Christopher Samuel Graff , of St. Andrews Holborn , was indicted for a Rape, committed in and upon the Body of Sarah Pearse , Aged about 12 Years , on the 11th of September last. The Council for the King opened, that Sarah Pearse lived a Servant with Mrs. Loo, who was a Lodger in the Prisoners House. That the Prisoner the better to accomplish his design, enticed Sarah Pearse, with offering ber more Wages, to leave Mrs. Loe and live with him, which the Child did; that then taking an opportunity when all the Family was out, but himself and the Child, he committed the Fact for which he then stood at the Bar; and then to stop the Prosecution, Arrested the Childs Mother in an Action of Scandal for 40 l.
Sarah Pearse deposed, that about 3 in the afternoon, (no body being at home but the Prisoner and her self,) the Prisoner called her up Stairs, and when she came to him he pulled her into the Parlor, where she saw his Night Gown lying on the Floor, at which being frightned, (as not knowing what he intended to do with her) she cry'd out, and held by the Door, but he loosed her Hands, and told her it would signifie nothing to cry out for no body could hear her, and then tying a Napkin about her Head to prevent her making a Noise, he laid her upon the Floor, laid himself upon her, and thrust something up her Body, which she thought would tear her to pieces, and made her bleed so much, that when he took her up again and carried her into the Kitchen, she blooded all the Stairs as she went down. That he lighted a Fire himself, and made her pull her Cloaths off. and then he got Towels to wipe the Blood from her, and afterwards put some Flower into a couple of Napkins, and tied them fast round her Waste with a Handkerchief, which was produced in Court. The Prisoner then got a Bowl of Water and a Cloth, and washt all the Stairs down where they were Bloody; that he came to her again, and she being very cold after such a great Effusion of Blood, he told her she must go to Bed.
Mrs. Loe deposed, that coming home in the Evening, she saw the Prisoner go up and down Stairs in great disorder and confusion, this was on the Monday: and after the Child told of it the Friday following, she the Child said that the Prisoner gave her 2 Pence, bid her say it was done on the Saturday before, when the Prisoner was not in Town.
Sarah Page , the Childs Mother deposed, that being sent for by Mrs. Loe, the Saturday after the Fact was committed, she found the Child crying, and asking her what was the matter, she said her Master had ruined her, that she this Deponent then askt the Prisoner what he had done to her Child, but he made no Answer. She then got a Warrant from Justice Ellis, upon which the Prisoner arrested her in a 40 l. Action for Scandal. The Childs bloody Petticoat, and the Cloath that was put under her in the Bed, were produc'd in Court.
Humphry Cooper , Surgeon, deposed, that upon Examining the Child, he found the Vagina extended, torn and bruis'd with a forcible entry. That she had been penetrated even to the inner Matrix, and that he was forc'd to use the utmost Art, both by external and internal Medicines, to prevent a Mortification, and that the Child told him the Prisoner had forced her, but she was ashamed to speak of it.
The Prisoner in his Defence, said that whilst the Child lived with Mrs. Loe, he has called her to him and said, Sarah let me feel you, I'll give you a Penny, thinking she'd run away, but she has stood quietly and let him, that then he said to her, Sarah, go and undress your self and come to me and I'll give you 2 Pence, and the Child has done so, that he had lain with her several times, before that mentioned in the Indictment, on the Table, the Dresser, and the Floor, for a penny and two pence a time, and that she would naturally come to him to earn a penny after that Manner, and he could not be guilty of a Rape, when the Girl was always willing. That when his Wife next Dav suspecting something, by the disorder of the Room and Bed Cloaths, askt the Girl if any body had been rude with her, she said, no; that when several others askt her the same Question, and tax'd her with it closely she answered no. That the next Morning being Tuesday after the Fact, she the Child walk'd with her Mistress as far as Shoreditch; that on Wednesday, he sent her with some Pills to Mrs. Talbots, who ask'd her how she liked her new Master, and the Girl said very well. This Mrs. Talbet Swore to in Court. That if any harm had been done to the Child, it would have shew'd it self sooner. That the Childs Mother offer'd to make it up with him for 5 Guineas, and that Mrs. Loe had quarrell'd with his Wife, and threatned to hang him.
Dr. Dearing depos'd, that going, at the prisoner's Request, to see what Damage was done the Child, the Mother refus'd to let him, saying, that they had already employ'd an able Surgeon, who was Master of his Business. This Deponent added, That it was next to impossible the wounded Parts of the Child should be in any danger of a Mortification (as the former Surgeon depos'd) for a Mortification can't easily ensue after such an Effusion of Blood, and where the Parts are not expos'd to the Air; and had there been any thing like a Mortification, the friction of those external Parts would have fretted, and made them so sore, that the Child could not possibly have gone so far as Shoreditch.
The prisoner brought several to swear, that they had heard the Child say, the prisoner had lain with her several times before, and giving her Money for so doing; but at last he call'd one to his Reputation, who depos'd, that the prisoner was a Man of such extraordinary Modesty, that being at the Christning of this Deponent's Child, he had not boldness enough to kiss the Gossips, but they were fore'd to kiss him. The Jury considering the whole, found him Guilty . Death .
He was a second time indicted for feloniously stealing three Beds, 2 Blankets, three Pillows, and other Things , the Goods of Thomas Watson , on the 20th of November last. Of both which Indictments he was found Guilty . Death .
John Overy , and Mary Pettow , alias Overy , his Wife , were indicted for feloniously stealing a pair of Sheets, a Blanket, a Pillowbeer, and other Things , the Goods of Thomas Stevenson , on the 9th of November last. John Overy was found Guilty ; but Mary Pettow, acting with the Consent and in the Presence of her Husband, was Acquitted .
Samuel Smith , was indicted for Burglary, in breaking and entring the House of William Sutton , on the 17th of January, in the 7th Year of the King , in the Night, and taking thence a Holland Gown, value 11 s. 6 d. But the Prosecutor not proving the Charge, he was Acquitted .
Richard Feast , was indicted for breaking and entring the House of Ann Townsend , on the 22nd of October last, in the Night, and taking thence a Flask of Rum, value 1 s. The Fact not being prov'd on the prisoner, he was Acquitted .
Ann Merrit alias Walden , and Thomas alias Gabriel Glanister , were indicted, the former for feloniously stealing out of the House of George Stand a Riding Hood 15 s. 2 Shirts 5 s. 2 Aprons 5 s. and other things , the Goods of William Russ , on the 5th of December in the 7th Year of the King , and Glanister for receiving the same, knowing them to be stole . The offence being before the late Act of Grace, they were acquitted .
Daniel Veal , of Clerkenwell , was indicted for privately stealing out of the Shop of William Cooper , 20 pound of Hemp, value 5 s. the Goods of William Cooper , on the 6th of December last. Guilty to the value of 10 d.
He was a second time indicted, for privately stealing, out of the Warehouse of Will. Gillingham, an Iron Jack value 7 s. and 6 d. and 30 pound of Hemp 15 s. the Goods of William Gillingham , on the 6th of December last, but no Evidence appearing, he was Acquitted .
Mary Foxwell , was indicted, for feloniously stealing 2 Blankets value 2 s. 2 Sheets 5 s. and a Looking Glass 6 d. a Bed Cover 8 s. 2 Saucepans and other things , the Goods of Samuel Spense , on the 20th of October last. Gnilty to the value of 4 s. 10 d.
Elizabeth Collins , was indicted for feloniously stealing a Holland Apron, value 1 s. 6 d. the Goods of Robert Weaver , on the 27th of August ; but the Evidence not being able to prove the Fact on the prisoner, the Prosecution appearing malicious, and she bringing several to her Reputation, the Jury acquitted her.
Margaret Ellen , was indicted she feloniously stealing a Blanket, val. 2 s. a Sheet, 4 s. a Looking Glass, a pair of Bellows, and other Things , the Goods of Richard James , on the 9th of December last. Guilty to the Value of 10 d.
Richard Anderson , was indicted for feloniously stealing a Book, called the History of Josephus, value 8 s. the Goods of Bezaleel Creek , on the 23d of November last. Guilty to the Value of 4 s. and 10 d.
John Fairborn and Samuel Church were indicted for feloniously stealing 2 Iron Beams, value 15 s. 2 pair of Stilliards, 15 s. the Goods of Timothy Robinson , on the 22d of November last. Church was Acquitted , and Fairborn found Guilty to the Value of 4 s. and 10 d.
Nathnael Mist and Nathanael Wlikinson , had the benefits of the said Act of Pardon, and were Acquitted .
N.B. All Persons that have not attended the Court in the Trials of those Prisoner whom they were bound to Prosecute, are to have their Recognizances Estreated by order of Court.
The Tryals being over, the Court proceeded to give Judgment as followeth;
Receiv'd Sentence of Death, 11.
Elizabeth Mob , Samuel Laws , Arthur Gray , John Jones , Nathaniel Haws , Robert Walton , George Baker , alias James Graves , Sarah Herbert , James Wright , Christopher Samuel Grass , and Mary Bost ck, who was Convicted at a former Seisions.
Burnt in the Hand, 7.
To be Whipt, 2.
To be Transported, 36.
Edward Thomas , Christian Salner , John Seaton , William Wingfield, Ann Nichols , John Scoon , William Langly , John Lee , Rebeccah Slater, John Sergeant , Tho Parker , George Hogrel , Ann Williams , John Gill , John Pool , Edward Corder , John Beton , Richard Farthing , Mary Harvy , John Hart , Charies Graystock, Jonathan Brindly , Ann Pain , Robert Holmes , Edward Mason , William Cropper , John Angel , Elizabeth Hargrove , John Overy , John Nash , Daniel Veal , Mary Foxwel , Margaret Ellen , Richard Anderson , John Fairborn , and John Alcock . This last lately was inoculated for the Small Pox, and recover'd.
A D V E R T I S E M E N T S.
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Dr. Sydenham's complete Method of curing almost all Diseases and Description of the Symptoms. To which are now added, Five Discourses of the same Author, concerning the Pleurisy, Gout, Hysterical Passion, Dropsy, and Rheumatism. Abridg'd and faithfully Translated out of the Original Latin: With short and useful Notes on the former part: Written by a late learned Physician, and never before Printed. The Fifth Edition. Printed for Francis Fayram at the South Entrance of the Royal Exchange.
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A Rational and Useful Account of the Venereal Disease, with observations on the Nature, Symptoms and Cure, and the bad consequences that attend by ill management; with proper Admonitions; recommended as a Friendly Instruction to all Persons who do, or may, labour under this Misfortune. Also a short Enquiry into old Gleets and other Weaknesses; and the Reason why they are so seldom cur'd: With the Author's method of Cure. To which are added, some hints on the PRACTICAL SCHEME, the methods and Medicines therein expos'd, and the gross Impositions justly detected. With an account of Specificks, the use and abuse of the Name, and how it covers Ignorance and a Cheat. By JOSEPH CAM , M. D.
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