The King's Commission of Goal-Delivery of Newgate, held at Justice-Hall in the Old-Baily; for the CITY of London, and COUNTY of Middlesex.
Wednesday, Thursday, Friday, and Saturday, being the 5th, 6th, 7th, and 8th of July, 1727, in the First Year of His MAJESTY'S Reign.
BEFORE the Right Honourable Sir JOHN EYLES , Bart. Lord Mayor of the City of London; the Honourable Sir Thomas Pengelly , Knt. Lord Chief Baron of the Exchequer the Honourable Mr. Justice Denton. the Honourable Mr. Justice Reynolds, the Honourable Mr. Baron Thompson, Recorder of the City of London, and John Raby , Serjeant at Law; and others His Majesty's Justices of Goal-Delivery, and Oyer and Terminer aforesaid: Together with several of His Majesty's Justices of the Peace for the said City of London.
The Prosecutor depos'd, That he lost the Lead from a Closet, to which it was the Cover, in Brew-house-Yard in Hockley o'the Hole ; and that the Prisoner being taken in Company with some Persons who had the Lead, he should leave the Proof to his other Evidence.
Thomas Blea depos'd, That on the 13th of June in the Night-time he met three Men, whom he thought proper to examine, on Account that one of them had a Sack on his Shoulder, in which he said, was a Pair of Grates; but this Deponent desirous of further Satisfaction, demanded to see it, which they refusing, a Quarrel began, and some Blows; at which Time a Constable and two Watchmen came to his Assistance, who took the Prisoner, and the Lead in a Sack, both which they carried to Covent-Garden Watch-house, but neither of them could say the Lead was taken on the Prisoner, neither did it appear to the Court that he was really guilty; but as he affirm'd might possibly fall into their Company by Accident, and he giving some Reasons to further this Belief, the Jury acquitted him.
Mrs. Marriat depos'd, That the Prisoner pretending to be a Country Girl, and by subtle Means inveigling herself into her Family, she took her as a hired Servant , and that in a little Time after, she privately took the Sheets out of a Trunk and in a scandalous Manner quitted her Service; but they having Occasion to look for her, found her converting some of the Sheets (being Holland) into Caps. Shifts and Aprons, the others which was coarser, she had pawn'd, which she confess'd, and for which she was found guilty to the Value of 10 d.
Alexander Jones , of St. Andrew's Holborn , was indicted for assaulting Mr. Robert Fawcett on the Highway, putting him in Fear, and taking from him by Violence, a Hat, value 10 s. on the 23d of May last, in the Night-time.
Mr. Fawcett thus depos'd, as I was going home about Two in the Morning, and near the Gate in Gray's-Inn-Lane , 3 Persons came up to me and threatned to shoot me through the Head, but I must confess I saw no Pistol, and having a considerable Quantity of Money about me was not willing to loose it like a Coward; accordingly I struggled with them, and they tore my Shirt Collar, one of them at the same Time offering to search my Pockets, but a Watchman coming up in the Intrim, they all made off, and only took my Hat mentioned in the Indictment, the Prisoner at the Bar was one of these Persons, for though the
Thomas Blea Watchman depos'd, That at Hatton-Garden near Saffron-Hill, he heard the Noise of Stop Thief, and immediately saw the Prisoner upon full Speed, whom he took, the Prosecutor then being in pursuit, and very near him, that when he took the Prisoner he cried out, Stop Thief, as if he was in quest of one, but this Deponent saw no other Person but the Prosecutor, who charged him with the Prisoner.
Robert Nichols depos'd, That being at his Post in Gray's-Inn-Lane, at Bell-Court-Gate at the Time aforesaid, saw the Prosecutor pass him with his Hat on, and soon after heard a Noise of some Body calling out for Help, but this being (probably) one of those Watchmen who take three Steps to the Length of their Shoo, did not come up till the Coast was clear, and could therefore be no positive Evidence against the Prisoner; but the Case appearing evident by the Deposition of the Prosecutor and Thomas Blea who took him, the Jury found him guilty of the Indictment , Death .
Thomas Goff , and William Eustace , of St. Ann's Westminister , were indicted for stealing 26 Gallons of Small-Beer, value 4 s. on the 29th of June last, the Property of Elizabeth Stone : But the Evidence not making it appear to the Satisfaction of the Court, they were acquitted .
Elizabeth Stubs , of St. Martin's in the Fields , was indicted for privately and feloniously stealing 5 s. and 6 d. in Money, from the Person of Elizabeth Peercy , on the 26th of June last ; but it not appearing plain she was acquitted .
Mary Bent , of St. Giles's in the Fields , was indicted for the Murther of a Male Bastard Child, of which she was delivered on the 11th of May last, and supposed to be alive : She was a second Time indicted on the Coroner's Inquest on the same, to both which Indictments she pleaded Not guilty.
Mary Brown depos'd, That the Prisoner had for some Time been a Lodger in her House, and that on the Day before this happened, she left her to look after the House, and did not come home till the next Morning, at which Time she found some such Tokens in her own Room as gave her no little Uneasiness; upon which she instantly went to the Prisoner's Room, and searching about found a Child wrap'd up in a Linnen Gown, which lay on the Prisoner's Bed; upon which sending for a Midwife and searching the Prisoner, they found by Circumstances that the Prisoner had been delivered of a Child, which she confest; telling them it was Still-born, and that the Violence of her Pains, and the immediate Birth, would not suffer her to get Assistance. This Deponent further said, That she then found such Things in the Prisoner's Room as was convenient for the Reception of the Child.
Mary Nichols , Midwife, depos'd, That she being sent for to the Prisoner the Morning after her Delivery, was a Witness to the finding such Things as in the former Deposition, and that she did believe the Child was Still-born, it not appearing to have been used with Violence, no Marks being to be seen but a small graze on the Head, which, she said, might happen from her Want of Assistance in the Delivery.
Elizabeth Powis depos'd, That the Prisoner had for some Time before this been very importunate with her to come and be her Bedfellow, but she having a Husband could not have the Opportunity, except once when her Husband was out of Town, when the Prisoner exprest a great liking to her on occasion of her being a Lover of Children, and having had a great many. The Prisoner in her Defence said, That the Reason of her desiring Mrs. Powis to be with her, was for no other End, but that she might acquaint her with the Secret, and have her Advice and Assistance in her Delivery, which the Court believing from several Circumstances, the Jury acquitted her.
The Prosecutor depos'd, That he keeping a Sale Shop , and the Prisoner being his Apprentice , he intrusted him with the Sale of Goods, and that some Time since one James Lake sent for him, and shewed him a Coat which he had bought of Mrs. Rogers belonging to the New Play-house, by the Direction of the Prisoner, telling the Prosecutor she said Mrs. Rogers had a Cloak to sell at a very reasonable Price; and as the Prosecutor knew the Coat to be his own, he employed Lake to buy the Cloak also, which appeared likewise to be his Goods; which Goods was taken out without the Knowledge of the Prosecutor; yet as he had a good Character, and he gave several Reasons to the Court that he did design to make the Returns to his Master, the Jury acquitted him.
Charles Goodwin , of St. Clement's Danes , was indicted for stealing 2 Brass Candlesticks, value 6s. on the 15th of June last, the Goods of Jonathan Taylor , which not being positively proved, he was acquitted .
Elizabeth Harris thus depos'd, As I was sitting in my Shop on the 23d of June, I saw the Prisoner standing idlely for some considerable Time near the Prosecutor's Shop, and at length went in and took the Goods mentioned in the Indictment; and coming out, she threw her Apron over them to conceal them.
Thomas Parker depos'd, That Mr. Harris coming and telling him of the Prisoner's taking the Goods, he pursued her, and took her with the Goods upon her; which Bowls being produced in Court, the Prosecutor depos'd, That they were his Goods, and Thomas Parker depos'd that they were the same which he took from the Prisoner; the Fact being undisputably plain, the Jury found her guilty of the Indictment. Death .
Jane Tod , of Allhallows Barking, in the Tower Ward , was indicted for the Murther of her Bastard male Child, on the 24th of June last, by Smothering, suffocating, and putting the said male Bastard Child in a Trunk naked, and without Covering, of which it instantly died : She was a second Time indicted on the Coroner's Inquisition for the same: To both which Indictments she pleaded Not guilty.
Sarah Allibear depos'd, That she being employed as a Charr Woman at the House of Mr. Carbonell, and going thither on the 24th of June at Eight in the Morning, the Prisoner at the Bar said, she was very ill, and desired this Deponent to get Breakfast ready, but she not willing to do it her self, went and informed the Housekeeper of Mrs. Tod's Indisposition, and desired her to do it for her; upon which the Housekeeper immediately got something warm, and sent this Deponent with it to the Prisoner's Room, who was then very ill, notwithstanding she eat it, and desired this Deponent to bring up a Pail of Water and a Brush, of which she informed the Housekeeper Mrs. Long, who surpriz'd at the Request went up with her to the Prisoner's Room, where they saw that which gave them some Reasons to believe she had a Child, or something like it, and telling her of their Suspicion she confidently deny'd it; upon which Mrs.
Thomas Hoskins , of St. Michael Cornhill , was indicted for privately picking the Pocket of Thomas Gastrill , on the 20th of May last, of a Silk Handkerchief , which appearing plain the Jury found him guilty to the Value of 10 d.
Rebecca Gardner , of St. Ann's Black-Fryers , was indicted for privately and feloniously stealing 10 Gallons of Brandy, Value 3 l. and 14 Pound of Tobacco , the Goods of George Toms , which not being clearly proved, the Jury acquitted her.
Hannah Langley , of St. Ann's Holborn , was indicted for stealing one Leather Skin, value 2 s. 6 d. on the 26th of May last, the Goods of Giles Bayley : It appeared that the Prisoner had bought a Skin of the Prosecutor, and after her being gone they suspected her to have stolen another, upon which they pursued and took her with two Skins about her; but it not appearing she had stole the Skin, and the Prosecutor refusing to swear that it was his Goods, she was acquitted .
John Hutton , of St. Faiths, in the Ward of Farringdon Without , was indicted for privately stealing 10 s. and 8d. in Money, from the Person of Nicholas Batchelor ; who thus depos'd, I am a - a - Basket Carrier belonging to Newgate-Market, and ant please your Majesty, I was asleep upon a Bulk at 12 a Clock at Night ant please you my Lord, and the Prisoner came and pickt my Pocket, any please your Worship. And to prove this I have brought Dick - Dick - Dick, I forgot his t'other Name, but there be it, come either Dick. Richard, (alias Dick) Lyn thus depos'd. I was at a House with a good many more, and I heard the Prisoner blow himself up and say, he cut out the Bottom of Nicholas Batchelor 's Pocket when he was asleep, which some of us thought was not very fair, for to rob a Man when he is asleep, is as bad as for a Horse to kick a Man when he is down; and I went and told Nick Batchelor . This Deponent being asked how much Money the Prisoner confest he stole from the Prosecutor, said, about a Guinea, being told the Indictment mentioned but 10 s. and 8 d. he said he believed it was but Half a Guinea; being asked how much Half a Guinea was? he said 12 s. The Prisoner, having about as much Sense as the Prosecutor and his Evidence, said in his Defence, that he being in a Mind for Gaming, went and pawned his Coat for Money, and meeting Dick Lyn, they sell to it, and he won Dick Lyn 's Shoes from his Feet, for which, out of Malice, he had Swore this against him. The Evidence not being clear, the Jury acquitted him.
N. B. The Reasons for writing this Trial directly as it was spoke, is, that others may provide themselves with proper Terms of Speech before they appear at such a Court of Judicature, and not to please the vulgar Part of the Town with Buffoonry, this not being a Paper of Entertainment.
Jane Lewis , of St. Brides , was indicted for stealing a Linnen Gown a nd Petticoat, a pair of Stays, a Silk Handkerchief, and other Goods , on the 22d of June last, the Property of Sarah Willson ; which being plainly proved upon her, the Jury found her guilty to the Value of 4 s. 10 d.
Jacob Carballo , was indicted for privately stealing several Parcels of Snuff and other Goods, in the House of Abraham Brave , of Stratford le Bow , on the 8th of June last, and Zipporah Cowen was indicted for receiving the said Goods, knowing them to be stolen : But the Charge being only made good against Carbello, he was found guilty to the Value of 4 s. and 10 d. and Zipporah Cowen acquitted .
Thomas Davis , of St. Paul's Crovent-Garden was indicted for stealing two Silver Spoons, value 15 s. on the 13th of May last, the Goods of John Kenneda , which being evidently proved upon him, he was found guilty to the Value of 4 s. 10 d.
Henry Bayley , of St. George's Hanover-Square , was indicted for privately stealing a Silver Pepper-Box, a Linnen Shift, a child's Mantle, a Side-Board Cloth and other Things of Value , on the 24th of June last the Goods of William Watridge ; of which Indictment he was found guilty to the Value of 39 s.
He was a second Time indicted for stealing a Pair of Cambrick Ruffles, a Silk Handkerchief, and a Linnen Shirts , the Goods of Mary Maud , of which Indictment he was likewise found guilty to the Value of 10 d.
Hugh Catheril and Christopher Theal , of St. Martin's in the Fields , were indicted for stealing one Half Guinea in Money , on the 8th of March last, the Property of John Ryce , who depos'd, That he being a Solicitor was employ'd in making up a Broil between Theal and one Williams, and that in paying the Reckoning the Prisoners took the Opportunity to cheat him of the Half Guinea, the one calling it a clean Snuff, and the other a fair Palm; but it appearing to the Court that the Foundation of this Prosecution proceeded only from a drunken Squabble, the Jury acquitted them.
John Robertson , of St. Mary Whitepchapel , was indicted for stealing a Cock, value 10 d and a Duck, value 12 d. on the 26th of August last, the Goods of Jonathan Shortly : He was a second Time indicted for stealing four Fowls, value 4 s. about the same Time, the Property of John Readmourn ; but the former Prosecution appearing malicious, and the latter not evident, he was acquitted ; yet the indefatigable Prosecutor was so industrious to keep the Court in Suspence for three Quarters of an Hour about a Cock and a Bull, a Dog and two Chickens; the most material Evidence was Elizabeth Robertson , the Prisoner's Sister, who dressed a Cock and a Duck for her Brother, but whether it was a Game Cock or a Dunghill Cock, she could not positively aver, protesting a Cock was a Thing in which she had no Judgement.
Samuel Denison , of St. Pancras , was indicted for assaulting Hamiton Howit March , on the Highway, taking from him 2 s. in Money, and four Knives , on the 4th of April last; it appeared that the Prosecutor had heard a Report that there was some Highwaymen and evil disposed Persons at a Publick House near the Pindar of Wakefield; and to secure them he raised the Country, and proceeding so far in his Suspicions as to bring himself into a Broil, and not to make his Assertions evident, the Consequence was a Quarrel, and some Blows, in which he said he lost the Goods mentioned in the Indictment; but the Fact not appearing plain, the Prisoner was acquitted .
Richard Norton , (a young Man, but an old Offender) and William Rouden , of St. Andrew's Holbourn , were indicted for Felony and Burglary, in breaking the House of Daniel Parker , on the 30th of May last in the Night-time; taking thence a Clock, with some Pewter and China , but the Burglary not appearing plain he was acquitted of that, but found guilty of single Felony . William Rouden making it appear by Evidence that his Confinement was occasioned only by the Malice of Norton, on Account of Jealously, he was acquitted .
Susannah Jenkins , of St. Martin's in the Fields , was indicted for an Assault upon the Body of Martha Smith , and taking from her a Linnen Cap, value 2 d. but the Foundation proceeding only from Jealously, she was acquitted . She was a second Time indicted for privately stealing 10 s. 6 d. in Money, on the 21st of June last, from the Person of Joseph Mills , of which she was likewise acquitted .
Elizabeth Lloyd , of St. Martin's in the Fields , was indicted for privately stealing a Silk Night Gown, and a Pair of Silk Shoes , on the 20th of June last, the Goods of Mrs. Love , of which Indictment she was found guilty to the Value of 10 d.
Elizabeth Burningham , of Manchester , was indicted for returning from Transportation , contrary to the Law made and provided for that Purpose: But the Court not willing to give Judgment before a just and curious Inspection into the Affair, after a strict Examination found her Not guilty .
John Prat , of St. John Hackney , was indicted for Felony, in breaking open a Chest of Drawers, and taking thence a Canvas Bag, value a l d. 4 Guineas, and two Shillings 6 d. in Silver , on the 21st of MayJoseph Kitchin . The Prosecutor depos'd, That he and his Wife going to Hackney Church on the Day aforesaid, they left the Prisoner, who was their Servant , to look after their House, and coming home after Sermon, they found him missing, the Drawer had been broke open, and the Money gone; upon which the Prosecutor pursued him to Stanford Hill, and there took him with the Money upon him.
Sarah Kitchin , depos'd, That before they went to Church she bid her Husband lock the Drawer, which he did, and that she then pulled to see if it was fast, and found in so, and coming home found it had been open'd, and upon Enquiry, it appeared that the Prisoner had found an old rusty Key with which he had open'd the Drawer, of which he made Confession: The Confession being read in Court, the Jury found him guilty . Death .
The Prosecutor depos'd, That the Prisoner came into his Shop in Goswell-Street , and pretended to have Occasion for some ready made Shirts, but being told they had none, he asked for Stockings; insomuch, that what with his shuffling and shabby Appearance they suspected him to be what they soon found him; for upon his going out of the Shop, the Prosecutor's Servant saw the End of the Cloth hang from under his Coat; upon which he was apprehended and confest the Fact, which Confession being read in Court, the Jury found him guilty to the Value of 4 s. 10 d.
John James , Coachman to the Prosecutor, depos'd, That he had the Boots in his Charge, and that the Prisoner being at that Time Servant likewise to his Master, he could not suspect any other Person besides him, and accordingly by the Advice of William Williams , he was confirm'd in his Belief, that the Prisoner had taken the Boots of his aforesaid Master.
William Williams depos'd, That he bought the Boots of the Prisoner at the Bar, having on at that Time a Livery Coat, and pretended they was given him by his Fellow Servant, for whom they was too little, and being too large for him he was obliged to sell them. The Fact being plainly prov'd upon him, the Jury found him guilty to the Value of 10 d.
The Prosecutor depos'd, That he being a Leather-Clog-maker and the Prisoner his Servant , he took an Opportunity to take the Goods mentioned in the Indictment; the Fact being plainly proved, the Jury found guilty to the Value of 10 d.
William Pitman , Servant to the Prosecutor depos'd, That he pitch'd his Basket of Bread at the End of Nag's-head-Court near Salters Hall, and going into the Court to some of his Master's Customers, in the mean Time his Bread and Basket was taken away, but that they found the Basket in an Alley empty, and afterwards took the Prisoner with the Bread in a Sack; to which Bread both this Deponent and the Prosecutor swore to, it being mark'd with the Prosecutor's Name: The Fact being plainly proved upon him, the Jury found him guilty to the Value of 10 d.
Mrs. Baccus depos'd, That she being Servant to the Prosecutor, it was her Business to look after the Linnen belonging to Furnival's-Inn , and that the Prisoner being taken with the Linnen, she knew it by the Mark, of which she made Affidavit. The Fact being plainly proved, the Jury found him guilty to the Value of 10 d. and order'd him to be whipt .
Mrs. Randall depos'd, That she had intrusted the Prisoner as a Servant or Chair-woman , and that the Goods lying in a Trunk above Stairs, she had taken them out, and being examin'd on Suspicion confest the Fact; for which the Jury found her guilty to the Value of 10 d.
Ann Jenkins , of St. Gregory's Smithfield , was indicted for stealing a Vice, an Anvil, a Tarning Wheel, a Polishing Wheel, and a pair of Bellows , on the 14th of February last, the Goods of Henry Hickman . It appeared that the Prisoner had taken a Cellar of the Prosecutor, and the Goods mentioned in the Indictment was to lie in the said Cellar till the Prosecutor had Occassion for them, but she considering the Folly of letting necessary Implements rust for want of Use, very orderly took them away and sold them, and finding little or no Excuse for such Proceedings, the Jury found her guilty to the Value of 10 d.
William Roberts was indicted for feloniously stealing 8 Silver Spoons, 2 Rings, the one a Cypher, and the other a Diamond, with a Coral and some wearing Apparel , on the 29th of May last, the Property of John Sumnars ; which being plainly proved upon him, he was found guilty of single Felony.
Elizabeth Mackhoon , of St. Giles's in the Fields , was indicted for stealing a Gold Ring, value 15 s. a Pair of Strays, and a Riding-hood , on the 1st of April last; which not being plainly proved on her she was acquitted .
Jeremiah Smith and John Bew , were indicted for privately stealing a Table-cloth and 2 Penny Buns , the Goods of John Woolveridge , on the 7th of June last; which appearing plain upon them, and they having several pick-lock Keys, and other Utensils that are used by the Midnight Plunderers the Jury found them guilty to the Value of 10 d. each.
Margaret Stoaks and Elizabeth Curd , of St. Mary le Bone , were indicted for assaulting Sarah Bigs , on the Highway, putting her in fear, and taking from her a Silk Handkerchief and a Holland Apron that was in her Charge, the Goods, of John Blacksmith .
The Prosecutor depos'd, That on the 31st of May she was drying Cloaths in Marybone Fields , when Elizabeth Curd came and asked what Authority she had to dry Clothes there? she telling her, if she would not be quiet she would call one that would make her, Elizabeth Curd said, G - D - n you for a B - h, if you follow me I'll stab you this Minute, and at the same Time Marg. Stoaks took the Handkerchief from the Prosecutor's Neck, and an Apron that lay out to dry, and then made the best of their Way off, but by the Industry and Courage of Sarah Bigs , they were both apprehended; but notwithstanding they appeared equally guilty, yet the Jury found Margaret Stoaks guilty to the Value of 10 d. but acquitted Elizabeth Curd, the Reason of which is yet a Secret.
Elizabeth and John Tyrant , of St. James Clerkenwell , were indicted, for that on the 31st of May last, the said Eliz. Tyrant was delivered of a male Infant, which, she with the Help of her Husband John Tyrant, did strangle, suffocate, and wilfully murther . They were a second Time indicted on the Coroner's Inquest for the same; to both which Indictments they pleaded Not guilty.Elizabeth Tyrant how long she had to go, she answered about three Months, and that a Fortnight after, this Deponent coming home and found her Tenant lighter, enquired into the Circumstance, the Prisoner said she had miscarried, and that it being the Custom of her Country, her Husband had burried it in the Garden; but this Relation giving this Deponent some Uneasiness, she could not rest till things were brought to Light, and the Child taken up again, which was accordingly done, and upon People of Judgment viewing it, it was supposed to come at its full Time, all its Parts being in their full Proportion; upon which, this Deponent charged a Constable with the Prisoners (who did not appear in the least Surprize) and sent for a Surgeon and Midwife, to search more narrowly if the Child had come by its Death by the using any Violence; but as it did not appear there had been any Means used that might contribute to the Child's Death, if it was born alive, the Court only looked upon it as an Indiscretion which should be avoided by those who would preserve their Reputation, since Order and Decency is consistent with Humanity, and ought more especially to be observed in such Cases, lest a Neglect thereof should bring uncautious People under the Imputation of private Murtherers: But the Court not believing from the Evidence given that the Prisoners were such, they were acquitted .
Thomas May and Isaac Hawbourn , of St. Dunstan's Stepney , were indicted for stealing an Iron Spindle, a Hammer and a Winch , the Goods of Humphry Wise , on the 26th of May last, of which they were found guilty to the Value of 10 d. each.
The Prosecutor thus depos'd, The Prisoner was a Servant to me for some time, and as she saying is, he cheated me as a Man may say, and then as the saying is, I found him out, and some of my Things in his Chamber, as a Man may say, which being plainly proved, he was found guilty to the Value of 10 d. as the Saying is.
William Connell , of St. Giles's in the Fields , was indicted for stealing a Burdet-Gown , on the 23 d. of May last, the Goods of Martha Barnfather ; the Fact being plainly proved, the Jury found him guilty to the Value of 10 d.
Thomas Timms , Thomas Perry and Edward Brown , were indicted for assaulting Samuel Sells on the Highway, putting him in fear and taking from him a Penknife, value 4 d. and 20 l. in Money , on Tuesday the 4th of May last, at Five in the Morning, near Hounslow-Heath .
The Prosecutor depos'd, That coming for London in his Chaise at the Time aforesaid, the Prisoners came up to him. and Brown stopping his Horse, said he wanted Money, in the mean Time Timms fell to searching his Pockets, whilst Perry held a Truncheon over his Head till the others had robb'd him; after which they went away: and he going to the Turnpike got Assistance, pursued and took them in the Parish of Iver.
Thomas Hart , Constable, depos'd, That they were delivered to his Custody, with a Sword and Cane: which was produced in Court, and such undeniable Circumstances that proved them all guilty and accordingly the Jury found them each guilty of the Indictment. Death .
William Clifton , Esq ; was indicted for the Murther of Richard Elms , on the 16th of May last, by giving him one mortal Wound, of the Breadth of half an Inch and the Depth of 10 Inches, in the lower Part of the Belly near the Navel, of which he languished till the 17th and the died . He was a second Time indicted on the Coroner's Inquest for the same; to both which Indictments he pleaded Not guilty:
Richard Elms , Son of the Deceased depos'd, That on Monday the 16th of May, between 11 and 12 at Night, he, with his Father was going home, when over against Suffolk-street they met with Mr. Clifton; who gave them very ill Language, which his Father could not take; upon which they immediately fell to Blows, his Father saying, he could use a Cane as well as Mr. Clifton could use a Sword: But this Deponent being kept back by the coming of other People, he was not an Eye-witness to the unhappy Accident, and though he heard his Father say he was wounded, he did not see any Pass that was made with Mr. Clifton's Sword. This Deponent being asked, if he was certain his Father did not Strike Mr. Clifton when he endeavoured to pass by him? Said, he could not tell; being asked, Whether his Father did not thrust Mr. Clifton out of the way before a Blow was given? Said, he believed he did.
Peter Gilliere depos'd, That he coming by and seeing several People together, he went to see what was the Matter, when he saw the Deceased strike Mrs Clifton in a Violent Manner, and that the Noise of the Blow sounded like the Noise of a Whip, but that he did not then see Mr. Clifton strike the Deceased; neither was there any Obstruction in the Way, but that the Deceased might have passed about his Business, and that the Son of the Deceased would have perswaded him to come along, but he obstinately refused it, and continued to insult Mr. Clifton with the utmost Violence, not only before he drew his Sword, but afterwards; all which Time Mr. Clifton's Back was towards the Pastrycook's Shop in a leaning Posture, using his Sword only as a Guard, not offering to make a Pass, but that the Deceased beat down the Sword, and being in Drink, fell forwards, and ran the Sword in his own Body, without the least Motion from Mr. Clifton.
John Cammeron depos'd, That he saw Mr. Clifton with a Cane in his Hand and a Pinch of Snuff between his Fingers of the same Hand, and the Deceased at the same Time flourishing a Stick or Cane, saying, D - n you for a Scoundrel, draw your Sword Rascal, I don't value your Sword of a Farthing; I can use a Cane as well as you can a Sword, giving Mr. Clifton a hard Blow on the Shoulder, till at length the Prisoner drew his Sword, but did not make a Pass, and striking with more than ordinary Violence, he hit Mr. Clifton on the Shoulder, which beat down his Sword, and the Deceased being in Drink staggered forwards and fell upon the Point of Mr. Cliston's Sword, running at him like a mad Man. This Deponent further depos'd, That after the Deceased had received the fatal Wound he struck a desperate Blow at Mr. Clifton, but missing him hit this Deponent's Arm, which was not well for a Month after.
Thomas Lambert depos'd, That he coming by at the Hour, mentioned in the Indictment; against Suffolk-street End, saw Mr. Clifton learning against a Pastry-cook's Grate, when the Deceased coming along, Mr. Clifton said, take Care; upon which the Deceased said, What must I take care of D - n you, do you think I am afraid of a Sword, and flourishing his Cane struck Mr. Cliston on the Shoulder, and that then Mr. Clifton Struck at the Deceased, but reeling
After the Hearing of these Evidences Mr. Clifton made a moving Defence, in which he express'd himself under the utmost Concern for the unhappy Accident that brought him before the Court, saying, he should think his Life too short to lament the fatal Necessity he was brought into of preserving it at the Expence of that of his Fellow-Creature. My Grief, said he, on this Occasion, would have been far less supportable had it been attended with the Consciousness of Guilty; but this I can affirm with Truth, that though my Hand was Guilty, yet my Heart was entirely free: He observed, that through the whole Course of the Evidence already given, nothing had been laid to his Charge, that carried with it the least Colour of malice against the unfortunate Man; That the very Blows he gave him with his Sword were a plain Indication how little he had Mischief at Heart. He then observ'd, it was unanimously agreed, notwithstanding the several Blows he receiv'd, that he never made the least Attempt upon his Life: On the contrary, that Mr. Gilliere, Cameron, and Lambert were in this Point all agreed, that the Time at which the Decased receiv'd his Wound, he forced himself upon the Point of his Sword; this, he said, was a Circumstance that offered him no small Comfort under this Misfortune, and he doubted not but it would have its just Weight with the Gentlemen of the Jury.
Mr. Clifton then giving the Court a short Account of his spending the aforesaid Day, and the Particulars of the Tragical Scene, desired Leave of the Court that he might have the Liberty to call two or three more who had seen the Beginning of the Affair, and as he said, might lay it still in a clearer Light than had been done by the other Witnesses, at the same Time he took Notice, that hitherto there had not appeared one positive Evidence to prove him the Aggressor; even Mr. Ehnes himself, (the Son of the Deceas'd) Mr. Clifton observ'd to the Court, was so far from being clear in this Particular, that he own'd he could not pretend to say, but for what he knew, his father might have struck him first. That such Language from the Son of the Deceas'd, seemed, in his humble Opinion, to be so far from weakening the Evidence given in his Favour, that confirm'd it beyond Contradiction. And then Mr. Clifton call'd the following Witnesses.
Tho Dalton depos'd, That the Night on which this unlucky Accident happen'd, he had been at Cavendish Market-place, and that standing to make Water, the Deceased came by, and rushing against the Prisoner, almost flung him down, and upon the Deponents's only saying, Who is there, the Deceased turning about, said D - n ye, what do you stand there for, and gave him the most opprobrious Language on this trivial Occasion: After which, this Deponent followed the Deceas'd, and saw him overtake the Prisoner, and seemed as if he would have taken the Wall; upon which some Words pass'd, and the Deceas'd behav'd himself according to the Deposition of the forementioned Witnesses.
Mr. Fitzgerald depos'd, That he was with the Surgeon who dress'd the Deceased's Wounds a Quarter of an Hour after it happen'd and that then the Deceased confess'd he was drunk when it was done, of which this Gentleman desired the Company to take Notice.
After this Mr. Clifton intimated to the Court that there were several Persons present, who had done him the Honour to come on this Occasion, and might convince their Lordships of his Character, and accordingly several Persons of the first Rank and Quality appeared in his Behalf; who severally depos'd, That they had known the Prisoner, some 5 or 6 Years, others more, and that he had ever behaved himself with the utmost Civility and good Manners, being of a very peaceable Behaviour, and not given to commit Disorders; even when he was in Drink, his Mirth was attended with Modesty, and not then inclin'd to Quarrelling or Extravagance. After this Mr. Clifton begg'd Leave to mention to the Court, what appeared to him upon this Evidence to be the Result of the whole: To this End he observ'd, That as the Deceas'd was proved the Aggressor by the Depositions of several unexceptionable Witnesses, as well those who appear'd in Behalf of his Majesty, as those other Gentlemen which were more immediately concerned in Behalf of himself. It is not insinuated, says Mr. Clifton, even by the Son of the Deceas'd, as if he believ'd I ever made a Pass at his Father; and that by the Depositions of Mr. Gilliere, Mr. Cameron, and Mr. Lambert it was positively affirmed, That the Deceased was the immediate Occasion of his own Destruction. If the Case stands thus, as I humbly conceive it does, I question not but your Lordships, and you Gentlemen of the Jury, will be more inclin'd to compassionate my Misfortune, than condemn the Action. Upon the Whole, the Court judiciously weigh-every minute Circumstance, gave their Opinion, That the greatest Stress which could be laid on the Action could make it no other than simple Manslaughter, of which the Jury found him guilty .
John Wells , was indicted for stealing two Ounces of humane Hair, which he had made up into a Wig, Value 2 s . on the 22d of June last, the Goods of Richard Brown : To prove the Fact upon the Prisoner, the Prosecutor produced a Lock of Hair, and comparing it with the Wig, it was of the same Colour, from whence he would have inferr'd, that the Wig was made of his Hair, as the Prisoner had some time been his Servant : But as it is difficult to swear to the Identity of Hair, and the Prosecutor having no clear Argument to confirm the Fact upon the Prisoner, he was acquitted .
The Prosecutor depos'd, That he had taken the Prisoner in as his Servant , and that missing his Money out of a Chest of Drawers, he had Suspicion on her, and sent one to enquire after her character, and that in the Interim the Prisoner ran away, but pursuing, he took her before a Magistrate, where she confess'd the Fact, and returned two Guineas.
Anne Cornish confirmed the Evidence of the Prosecutor, by making Oath that the Prisoner confess'd, the Fact to her, and that she was present when the Prisoner returned Part of the Money, confessing at the same Time, that she had dropp'd the other Part in a Value. These plain Evidences, and the Prisoner having nothing to say in her Defence, she was found Guilty . Death .
The Prosecutor depos'd, That as she was walking home on the 13th of May, about 7 in the Evening, she not being disturbed by any Person before the Prisoner came up to her and jostled against her, and cut off her pocket, and being taken he then confess'd the Fact; And having nothing to say in his Defence, the Jury found him guilty to the Value of 10 d.
Mary Jones and Mary Freeman were indicted for Forgery, in contriving and procuring Letters Testamentary, in order to cheat and defraud the Heirs of Thomas Moulso of Wages due to him for service on board one of his Majesty's Ships .
Edward Anchors , of St. Dunstan's Stepney , was indicted for a Misdemeanor, in forging a Will in the Name of Volantine Cloyson, for Wages due to him for Service on Board his Majesty's Ship the Leopard : The Counsel for the King moved to the Court, that the Prisoner having been a Clerk to several Captains of Ships, had made himself acquainted with the Names and Circumstances of private Mariners, and had therefore the better Opportunity to prosecute his wicked Intentions; that for some Years he had followed the Practice of Counterfeiting Wills, and getting some evil disposed Persons to prove them. If a single Man died on Board any Ship, and it came within the Compass of his knowledge he immediately fell to work in making his Will, which he would assign over in some fictitious Name, to one of his Gang, in the Name of a well beloved Friend, and take the Wages due to the Person deceased, to the great Detriment of his Majesty's Subjects, and the Discouragement of those who hazard their Lives in his Majesty's Service. If a married Man died, he would form a Will assign'd to the Deceased's Wife, and employ a Sister of Wapping to personate the said Widow of the Deceas'd; but as Justice at one Time or other overtakes the most secure Offenders, so the Prisoner was taken and found guilty of the Charge laid to him in the Indictment, and for which he is to suffer such Shame and Disgrace as the Law directs for such Offenders, for the Jury found him guilty .
Catharine Banfield , of St. Sepulchre's , was indicted for the inhumane Murther of John Cornish , a Child of a Year and a Half old, by willfully burning it in a Fire on the 16th of June last, of which it instantly died .
The Mother of the Deceas'd with the utmost Concern depos'd, That the Child was burnt from the Waist so the Toes in a surprising Manner, and that the Prisoner, who was its Nurse, did not acquaint them with it till the Saturday after its Death, which happened on Wednesday.
William Cornish , Father of the Deceas'd depos'd, That the Nurse would have buried the Child from her own House, without letting them into the secret Cause of its Death, telling him it died of an After-clap Fit (a difficult Term to Construe.)
The Prisoner in her Defence said, That the Fire happened by Accident to take hold of the Child's Cloaths, and that she being out of the Room, it was unfortunately burnt before any one could come to its Assistance. The Court was induced to believe this Account from the following Circumstances: First, Because the Prosecutor could not prove that the Prisoner was conscious or fore apprized of the Accident. And 2dly, It seem'd a Contradiction, That a Woman should in such a Manner contribute, or be any Ways assistant towards the Death of the Child, when at the same Time she took it but for weekly Wages, and by Consequence proposed some Advantage to herself from the Child's Life, but could propose none from its Death; upon which Consideration the Jury acquitted her.
Mary Sage depos'd, That she saw the Prisoner take the Goods mentioned in the Indictment, and being pursued, she saw him drop them: Which Evidence being plain against him, the Jury found him guilty to the Value of 4 s. and 10 d.
Rose Roberts , was indicted for assaulting Sarah Router on the Highway, on the 24th of April last, putting her in fear, and endeavouring to take from her a Gold Necklace ; but upon Examination it appeared only to be a gilt one, and the Assault no other than a Geneva Jostle.
The Prosecutor depos'd, That she, with her Mother and Grandmother had been at a Christening, and coming home, near Windmill-Hill the Prisoner came up to her and broke her Necklace from her Neck, which fell down into her Bosom; upon this the Prisoner was apprehended, and the Prosecutor's Friends made Overtures to her of making it up without a Prosecution, but she not agreeing to their Proposition, was arraign'd for an Assault, which appearing to the Court to be a malicious Prosecution she was acquitted , and a Copy of her Indictment granted her. Thus they who would have made a Court of Justice a Handle to commit unjust Actions, are brought under the Cognizance of the Law for such unlawful Proceedings.
Elizabeth Lucas , of St. Leonards Shoreditch , was indicted for stealing a Linnen Gown, a Cotton Petticoat, and other wearing Apparel , the Goods of Elizabeth Huoyes , which Goods she confest she had stolen and pawn'd with one Mitchel, a Pawnbroker in George Yard in Whitechapel, who refused to let the Prosecutor see the Goods or produce then at the Trial, though she made him sensible of the Affair; but 'tis hoped the just Measures the Court took with him on that Occasion may be a Lesson to the Gentlemen of that honest Prosession. Guilty to the Val. of 10 d.
Sylvia Sherlock , of Noron Falgate , was indicted for privately stealing 7 l. in the House of Charles Headman , on the 28th of June last, of which she having made Confession, and the Fact proving undeniably plain, the Jury found her guilty of the Indictment. Death .
The Prosecutor depos'd, That the Prisoner and another Person came to her House on the Day aforesaid, and drank a considerable Quantity of Gin and Wormwood, which raising the Prisoner to a more than ordinary Elevation, he offered Rudeness to her, and perswading her over the Way to his own House, would there have been more familiar than her Modesty would admit of; after this he came home to her House. again, and continued his Rudeness, insomuch that the Prosecutor lost her Pocket and the Money mentioned in the Indictment: But it appearing to the Court that his Design was only on her Charity, and not on her Property, the Jury acquitted him
P. S. Agnes Bird depos'd, That the Sunday after this happened, she heard the Prosecutor say she could not prove the Robbery on him, she would swear a Rape against him; but she did not appear to be so Ill-natur'd a Person, that Mr. Jacob Galen , (who was one of her Evidences, and declared he had made her his Wife before now, if this Accident had not happened) need not fear his meeting with a true Inhabitant of Creed-Lane, and a Friend to Liberty and Property.
Henry Piercy , of St. Martin's in the Fields , was indicted for stealing five Silk Handkerchiefs, value 4 s. the Goods of Persons unknown: It appeared that the Prisoner had pickt the Pocket of my Lord Camickle , and being taken in the Fact, his Lordship ordered his Servants to give him due Correction, but they finding several Handkerchiefs upon him, thought convenient to bring him to publick Justice. The Jury found him guilty to the Value of 10 d
William Cross , of St. Leonard's Shoreditch , was indicted for stealing the Box of a Sapping Loom, value 5 s. on the 15th of May last, the Goods of Henry Barns ; but the Prisoner making it appear that he lent the Goods to a Person who lost them, he was acquitted and discharged.
Receiv'd Sentence of Death 8.
Burnt in the Hand 2.
To be whipt 2.
Mary Martin , Thomas Hopkins , Jane Lewis , Jacob Carballo , Thomas Davis , Henry Bayley , Richard Norton , Elizabeth Lloyd , Edward Newgent , Thomas May , Isaac Haybourn , Samuel Willingham , William Rafford , Samuel White , William Connell , Mary Cole , Richard Martin , John Perkins , Elizabeth Lucas , Philip Norfold , Abraham Carr , William Lee , Anne Fenkins , Henry Piercy , Jeremiah Smith , John Bew , and Margaret Stoakes .
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