On 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.
On Wednesday, Thursday, Friday, and Saturday, being the 17th, 18th, 19th, and 20th, of January, 1727, in the First Year of His MAJESTY's Reign.
BEFORE the Right Honourable Sir EDWARD BECHER , Lord Mayor of the City of London; the Right Honourable the Lord Chief Baron Pengelly , the Honourable Mr. Justice Reynolds, the Honourable Mr. Justice Cooper, 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 Turminer aforesaid: Together with several of His Majesty's Justices of the Peace for the said City of London.
Price four Pence.
The Prosecutor depos'd, That he put up his Goods on the Day aforesaid, and the next Day in the Evening he miss'd them, but by Information, found them in the Hands, of John Smallman , and another Pawnbroker. John Smallman depos'd, That Sanders brought 4 Pair of Stockings to him, and pawn'd them on the 1st of December last, which being produc'd in Court, by the Mark and other Circumstances, they appear'd to be the Prosecutor's. Joshua Nason depos'd, That Simpson brought a Pair of Stockings to him to pawn, and he suspecting them to be stolen, stopped them: they likewise appear'd to be the Goods of the Prosecutor. Mr. Sampson depos'd. That George Sanders and John Simpson, came to him and begg'd he would appear before the Pawn-broker, and say, the Goods were his, and he employ'd 'em to pawn them. The Fact appearing very plain, the Jury found them guilty to the Value of 4 s, and 10 d. each.
The Prosecutor depos'd, That coming over Tower-hill , the Prisoner snatch'd his Hat from, his Head and gave it to another Person, who ran away with it: But the Indictment not being said for Assaulting and Robbing on the Highway, he was only found guilty of single Felony .
Sarah Pool , of St. Giles's in the Fields , was indicted for stealing 2 Childrens Coats, 2 Petticoats, 2 Frocks, 2 Dimety Waistcoat, a Pair of Stockings, a Silk Hat, 2 Shirts, a Shirt, and a Suit of Musling Head-Cloaths , on the 6th of December Last, the Goods of Eleanor Cook .
The Prosecutor depos'd, That the Prisoner being her Tenant, and she missing the Goods, suspected her, and found her Child's Frock at a Pawnbrokers who said, it was brought to him by Sarah Pool , (the Prisoner.) John Clark , the Pawnbroker, confirming this Part of the Prosecutor's Deposition, the Jury found her guilty to the Value of 10 d.
The Prosecutor depos'd, That the prisoner lodging in his House, took the Sheet out of her own Room, and the Ring she took out of his Shop, and sold it to Mr. Montgomery, who produced it in Court, and the Prosecutor swore it was the same she had taken away from his House; the Jury found her guilty to the Value of 4 s. and 10 d.
William Selby , of St. Andrew's Holborn , was indicted for stealing an Iron-Vice, value 10 s. on the 5th of this Instant , the Goods of James Noble . The Fact appearing plain, the Jury found her guilty to the Value of 10 d.
Robert Appleby , of St. James's Westminster , was indicted for stealing a Coach-glass, 4 Brass Tops of a Chariot, Part of a Harness, a Drag Chain, 2 Collars, 2 Leather Saddles, and 2 Coat and Waistcoat , the Property of John Cope , Esq ;
It appear'd by the Depositions of several Witnesses, That the Prisoner had taken the Goods mentioned in the Indictment, without the Knowledge and Consent of Colonel Cope, and sold Part of them to Samuel Gun , a Dealer in Coach Harnesses, &c. The Fact appearing plain, the Jury found him guilty to the Value of 4 s. and 10 d.
Robert Johnson depos'd, That he saw the Prisoner go into the Prosecutor's Shop and take the Firkin of Soap, which he deliver'd to a Comrade at the Door; and this Deponent and others suspecting them to be Thieves, stopped the Prisoner and carried him before a Magistrate, where Mr. Allen proved the Firkin to be his by the Mark: The Prisoner making but a weak and frivolous Defence, and the Fact appearing plain, the Jury found him guilty to the value of 4 s. and 10 d.
Mary Grag of St. Leonard's Shoreditch , was indicted for stealing, a Pewter pint Pot. Value 20 d. the Goods of John Wright ; her Confession being read in Court, and sign'd with her own Hand, the Jury found her guilty to the Value of 10 d.
Heath Goulden , of St. Mary, New Fish-street , was indicted for privately stealing 25 pounds of Tobacco, value 33 s. on the 3d of this Instant, the Property of John Gallopine .
Peregrine Tawney depos'd, That he saw the Prisoner looking about the Prosecutor's Shop for some Time, and watching him, saw him go in and take the Box of Tobacco, and running away with it, this Deponent pursued and caught him; the Fact appearing plain, the Jury found him guilty to the Value of 4 s. and 10 d.
Susan Broston , of Bishopsgate-street , was indicted for stealing a Deal Box, value 6 d. and 80 Cakes of Ginger-bread, value 48 s. the Goods of Henry Willy ; which being plainly prov'd, the Jury found her guilty to the Value of 10 d.
William Hodges , of St. Clement Danes , was indicted for breaking the Shop of Thomas Bayl . on the 29th of November last, and taking thence 10 Watches , the Property of the Prosecutor and other Persons. It appear'd very plainly that the Prosecutor's Shop was broke open, and that the Goods were taken away which were mentioned in the Indictment. But the Prisoner proved by the Deposition of several Witnesses, That he was at that Time under an Arrest. and actually a Prisoner, at the House of Robert Poulstone , a Bailiff, in Newtoner's Lane; though 3 of the Watches being found at a Pawnbroker's, where the Prisoner had pawn'd them in the Name of William chapman, gave the Court Occasion to inspect narrowly into the Affair, but his Witnesses making Oath that he bought them, and he being one that for some Years had bought and sold Curiosities, he being a Snuff-Box Maker and Graver : He having an extraordinary Character from a Cloud of reputable Witnesses, after a Trial which lasted near four Hours, the Jury acquitted him.
John Robinson , of St. Clement Danes , was indicted for breaking the House of Madam Margaret Massenburg , on the 26th of December last, in the Night-time, with a Design to steal and bear away the Goods of Margaret Massernburg aforesaid .
John Whitcomb depos'd, That Madam Massenburg's House having been robbed three Times, himself and Thomas Haskey , took a Resolution to sit up till they caught the Thief; that after 5 Weeks watching, on the 26th of December at 3 or 4 in the Morning, a Person, whom he did believe to be the Prisoner, came up to the Window by climbing up the Rails; that he lifted up the Sash and put his Body half into the Room, when this Deponent snapping a Pistol at him, he dropp'd down; upon which, this Deponent cried, stop Thief, and alarmed Mr. Willis at next Door, who coming out of his House, found a Silver headed Cane at his Door, with a Glove on it, and Mr. Willis shewing the Cane to this Deponent and Thomas Haskey , they believed it to be the Cane of the Prisoner, and accordingly had him taken upon Suspicion. Several other Witnesses appear'd, who depos'd, That they had seen the Prisoner's Cane, and did believe the Cane, produc'd in Court, was the very same. But to confront them and vindicate his Character, the Prisoner call'd Mr. Snoddey, who depos'd, That the Prisoner was in Bed all that Night, and lay till 11 the next Day; at the same Time giving him a good character, he concluded, That he did believe that was not the Prisoner's Cane which was produc'd in Court, the Wife and Servant, and Lodgers of Mr. Snoddey, all depos'd, That the Prisoner was at Home all the Night, and gave him a good Character. The Prisoner being ask'd his Business, and by what Methods he maintain'd himself, said, he had been the Author of some Performances, which had made him acquainted with some generous Gentlemen, by whose Benevolence he had lived in Credit; though sometimes under poetical Circumstances. Several Gentlemen whom he had serv'd, appear'd on his Behalf, saying, That he behaved himself very honestly, but having a poetical Genius, he did not apply himself to Business: Upon summing up the Whole the Jury acquitted him.
William Hazard , of St. James's Clerkenwell , was indicted for stealing a Copper Scummer , on the 10th of December last, the Goods of Thomas Bencridge ; his Confession being read in Court, and sign'd with his own Hand, the Jury found him guilty to the Value of 10 d.
The Prosecutor depos'd, That he being burnt out at the late Fire in Butcher-Row , he fasten'd the Door of his Vault or Cellar, and left some Goods in it, in particular some Barrels of Beer and Brandy, that he found the Door of the Cellar broke open, and miss'd some Goods, and fastening it again, it was again broke open divers Times; upon this the Prosecutor employ'd a Watchman to attend near the Place, that if it were possible, to surprize the Thief in the Action: Accordingly about 7 at Night on the 16th Instant, the Prisoner came, broke open the Door, and enter'd in with an empty Cash in his Hand, as if going to fill it in the Cellar, where he was taken. This being confirmed by the Deposition of the Watchman who took him, the Jury found him guilty of single Felony.
Elizabeth Walker , was indicted for stealing a Velvet Hood, Silk Scarf, 3 Silver Spoons, a Petticoat, and a considerable Quantity of other wearing Apparel , the Property of Mary Denney ; but the Prisoner having a good character, and the Fact not appearing plain, the Jury acquitted her.
Richard Burton , was indicted for Felony and Burglary, in breaking the House of Giles Pratling , on the 2d of this Instant, and taking thence 3 Brass Candlesticks, a Tea Spoon, and a Pewter Cullendar it appeared that the Prisoner being the Prosecutor's Servant , but taken the Goods in a clandestine Manner; but the Burglary not being proved, the Jury found him guilty of single Felony .
The Prosecutor depos'd, That near Shoe-Lane, Fleet-street , on the 6th Instant at 11 at Night, a Woman pick'd him up and carried him to a Bawdy-house, that the Prisoner being there they fell into company, and he treated them with three Quarterns of Cherry Brandy, and that then they pull'd up their Coats, and invited him to more Familiarity in such Words as are not to be express'd with Modestty; but he refusing them, they told him he had no Money; to convince; them of a Mistake, he shew'd them two Guineas and a Half, that soon after, the Prisoner with one Hand got him hold of the Button of his Breeches, and with the other pick'd his Pocket.
- Walter depos'd, Thus he being in a Public House near Street-Lane, the Prosecutor came and told them he had been robbed, the this Deponent went with him to the House and demanded Entrance, but they refused it; after this they agreed to take the next Opportunity to detect them, and accordingly this Deponent and he met a Day or two after, and found the Prisoner walking down Fleet-Street, when the Prosecutor pick'd her up, and she carried him to the same House, and to the very Room where she had before pick'd his Pocket: This Deponent being the Manager of this Affair, no sooner saw them in the House, but he went and fetch'd a Watchman, and demanding Entrance they were let in; when asking for the Prosecutor, he came down, and charg'd the Watchman, saying, there was a Woman in the House who had robb'd him; accordingly they went up and found the Prisoner had quitted the Room, and ran up into the Garret, where they took her. She said in her Defence, That the Prosecutor and she innocently became acquainted in the Streets, and she having no Mind to go to a public House, she modestly took him home to her own Lodgings, that she had never seen him before, nor did she know any Thing of the Matter for which she stood indicted. But it appearing that her Modesty, her Honesty, and her Innocence, consisted only in Words, the Jury found her guilty to the Value of 10 d.
The Prosecutor depos'd, That walking up Cheapside , the Prisoner at the Bar came up to him, and jostling between him and his Friends, he felt his Handkerchief slip out of his Pocket, and seeing the Prisoner run he pursued him, and saw him drop the Handkerchief near Bow-Church, and that then he immediately took him before he was out of Sight. The Fact appearing plain, the Jury found him guilty to the Value of 10 d.
The Prosecutor depos'd, That one of the Prisoners came into his House and called for a Dish of Soop, which was delivered to her in a Silver Porringer, and that after she was gone the Porringer was missing; upon which he apprehended them both, one of them being his Servant, but he could produce no positive Evidence of their having taken it. They had several Credible People to appear for their Character, and the Prosecutor acknowledging he should not have appear'd against them, but as he was bound to Prosecute, the Jury acquitted them.
Richard Newman , was indicted for stealing 2 China Tea Cannisters , the Property of John Cumberland ; but the Fact not being plainly proved, the Jury acquitted him.
Joseph Barret , of St. Giles's in the Fields , was indicted for the Murder of James Barret , (his Son, aged 11) by flinging him down, and giving him a mortal Bruise on the left Side of the Head of which he instantly died . He was a second Time indicted on the Coroner's Inquisition for the said Murder; to both which Indictments he pleaded Not Guilty.
Thomas Belcher depos'd, That he saw the Deceas'd on the 29th of Decemb. about Noon at the Vault, that going in, his Father, the Prisoner followed him, and the Deceas'd having shoul'd himself the Prisoner kick'd him, and call'd him Dog and Son of a B - h; and going up Stairs the Deceas'd followed him, and then the Prisoner turned, and kick'd him on the Head without Provocation, repeating it again at the Stair-Case. The Prisoner desired this Deponent might be ask'd, If he did not know the Deceas'd followed bad Courses? To which be answered, He only heard of this once staying out all Night. Elizabeth Nichols depos'd, That she saw the Deceas'd in Bed some Time before this happen'd, and that he was without a Shirt, and his Arms were beat black and blue; that he got out of Bed, and would have made use of the Pot, but his Father would not suffer it, saying, he should go down, which he did, and returning, his Father said, he had foul'd himself before he got to the Vault; that the Prisoner then shov'd him, that he fell, and he then kick'd him on the Head; that this Deponent then said, The Boy is dying, the Prisoner said, he is only fallen, and taking a Cat of Nine Tails, he hit him two or three Slashes as he lay on the Ground, that after the Prisoner kick'd or stamp'd on him he never spoke more, but gave 14 or 15 Breathes, and then departed. This was likewise confirm'd in every particular by another Evidence, they both agreeing that the Deceas'd was very weak, and could scarcely creep up and down Stairs. Mr. Rainby the Surgeon depos'd, That he being desir'd by a Neighbouring Justice to examine the Body, he observed it to be bruised in several Places, particularly the Head: for dividing the common Teguments, a Confusion, with a small Tumour without a Wound, appeared on the Left side, extending from the sore, to the back Part; the Skull being laid bare, there was no Fracture nor Depression, which he said might probably to owing to the Tenderness of the Bony Fibres in so young a Subject, and taking off the upper part of the Cranium, and dividing the external Membrane of the Brain, a great Quantity of extravasated Blood lay between this and the Membrane that immediately covers it, which must have been occasioned by some Violence, and very likely the same that produced the external Contusion, and was undoubtedly the Cause of his Death. Some witnesses appeared in Behalf of the Prisoner, to prove that he had before this Time been a very loving, indulgent Father to the Deceas'd: But the present Fact appearing plain, the Jury found him Guilty . Death .
The Prosecutor depos'd, That he being a Servant to Justice Harwood, Brewer, was obliged to attend in the Brewhouse on the 14th of this Instant all Night, but having Occasion to go home for some Refreshments, he found the Door open, which he had safely lock'd some Hours before, and feeling about he found the Prisoner, and brought him to the Door; that the Prisoner said, Tom, Let me go, but the Prosecutor holding him fast he grew resolute, and endeavoured to force himself away, and they struggled some Time before any one came to the Prosecutor's Assistance.
John Wright depos'd, That he being the Officer of the Night, and hearing a Noise, went and found the Prisoner and the Prosecutor both down in the Kennel, and remembering the Prisoner, who, with others, had that Night cheated him of some Tobacco, he was the more ready to assist the Prosecutor; that he went into the prosecutors's House, and found the Money Drawers had been pulled out, and some Money and a Pack or two of Cards scatter'd about the Shop, and near the Door they found several pick-lock Keys, and a Spoon, which the Prosecutor swore he saw the Prisoner drop at the Threshold of the Door. He said in his Defence, That being in Drink he stumbled against the Door, which was open, and that he knew of nothing further: But the Prosecutor making it appear that he lock'd the Door some Hours before, the Jury found him Guilty . Death .
John and William Matthews , were indicted for Felony and Burglary, in breaking the House of Mr. William Trehern , and taking a Hat, 4 Perukes, a Suit of Cloaths, a Silver hilted Sword, a ouring Sword, and a Gold headed Cane, on the 23rd of December in the Night-time .
The Prosecutor depos'd, That William Mathews being his Servant the Time that his House was robb'd he charg'd him with being Accessory to the Crime, which he denied, but after some hesitation, confess'd he did believe his Brother was guilty, and directed the prosecutor where he might find him; accordingly by his Directions the Prosecutor and another Person went and found him at Lodgings he had taken in Gray's-Lane, in which Room there were most of the Goods which are mentioned in the Indictment: At which Time John Mathews confess'd the whole Fact, and directed the Prosecutor where he might find the other part of his Goods, saying, he got up to the Window of the Prosecutor's Study, or Office, by the Help of an empty Barrel, which stood under it; that he pull'd down the upper Sash, got into the Study or Office, and took the Goods without the Assistance of his Brother, and that he opened the back Door and went out.
William Smith depos'd, That he going his Rounds found the Prosecutor's back Door open, the Window down, and the Good, saying very oddly about the House, and two Pillow Cases fill'd with Goods, as pack'd up to carry away; that this Deponent went up to the Room where William Mathews lay, and ask'd him if he was not Accessory to what was done; and upon the Prosecutor's coming and charging him, he confess'd he did believe his Brother had done it, saying, he had agreed with his Brother to rob his Master's House, but was no ways Assistance in this Action.
Dorothy Tard depos'd, That she fastened the Doors before she went to Bed with Bolts and Lock, and that in the Morning she found them open. Upon the Whole, the Fact not being proved upon William, he was acquitted , but John found Guilty . Death .
James Sherwood , alias Hobs , Elizabeth Hobs , George Weedon , Henry Hews , Joshua Payn , Peter Wright , and Elizabeth Pope , were indicted for Felony and Burglary, in breaking the House of William Meak , on the 11th of this Instant Jan . in the Night-time, and taking thence 12 Gloucester Cheeses .
Ann Meak depos'd, that at 10 o'Clock at Night her Door was fast, and her Window safe, and at Four in the Morning the Watch Call'd them up. when the Window Shutters were cut through, the House broke open, and the Cheeses gone; that hearing of the Prisoners being in Custody, she went and found the Cheeses at Joshua Payn's House, at which House the Prisoners all lived together before they were taken up.
Samuel Warren depos'd, That he with other Officers surrounded the House, and the Prisoners slung Glass Bottles and other Things at them, our of the Window, that when they broke open the Door, they found the Cheeses mentioned in the Indictment, and mark'd with the Prosecutor's Mark.
Charles Charley , and Richard Hatch , depos'd to the like Effect, adding, When they broke open the Door they found two Chissels, a large Gimlet, a dark Lanthorn, and a Knife of monstrous size, which were produced in Court.
Sarah Payn made herself an Evidence, and depos'd, That she let one of her Rooms to Sherwood's Wife, and having another bed in the Room, Sherwood and his Wife lay in one Bed, and helped them to George Weedon and Henry Hews, as Lodgers in the other Bed; that they disturbed the House; that Sherwood and Weedon brought in the Cheeses and other Goods, and when the Officers were at the Door, they threatned to cut her Throat if the let them in. This Fact appearing plain upon Hobs only, the Jury found him Guilty . Death .
They were all a 2d Time indicted for breaking the House of Daniel Ellingham in the Night-time, and taking thence some Brandy and Tobacco , which was proved upon Hobs and Weedon, and they were both found Guilty . Death .
The Prosecutor depos'd, That she fasten'd her Doors at Night, and was call'd up in the Morning by the Watch, when her House was broke open and the Goods gone; which Goods she found in the House of Joshua Payn , and by the Deposition of Sarah Payn , the Goods were brought into the House by Hobs, Hews, and Weedon upon which they were all three found Guilty . Death .
James Sherwood and George Weedon were a fourth Time indicted, for assaulting John Wallford on the High-way, on the 4th of this Instant January , and taking from him a Peruke, Hat and Cane ; which was proved upon them by Deposition of Sarah Payn and several concurring Circumstances, a Hat, wig and Cane being found in the House, and swore to by the Prosecutor; upon which they were both found Guilty . Death .
John Spurgins and Edward Rowell , were indicted for assaulting Paul Chamberlain on the High-way, on the 21st of December last, and taking from him a Cloath Coat, a Waistcoat, a pair of Shoes, a Hat, a Peruke, and a Linsey Woolsey Apron .
The Prosecutor thus depos'd, On the 21st of December last about two or three in the Morning, as I was coming towards Stock's Market with Greens, I being a Gardener , two Persons came up to me, and the tallest (which appear'd to be Rowell) put a Pistol to my Breast, and said G - d D - n you Deliver, saying, he would shoot me through the Body if I refused; upon this, he dragg'd me down a Lane, and beat me in a barbarous Manner, the shortest (which is Spurgins) did not strike me, nor use me ill, though the other took off my Cloaths, and then bound my Feet with a Cord and left me in the Snow; the shortest would fain have loos'd me, but the other would not suffer it; after some Time they went away together, and the shortest coming back, said, if he went to Newgate for it, he would
Thomas Conoway and Nathaniel Benson severally depos'd, That they heard Spurgins's Confession:Upon which the Jury brought in their Verdict, that Spurgins was Guilty . Death . But acquitted Rowell, by Reason the Prosecuter could not swear to his Person.However, they intimated to the Court, that though they were obliged to bring in this Verdict in consequence of his Confession, yet they hoped he would be represented as an Object of Mercy.
This Rowell pleaded guilty to an Indictment laid against him and Spurgins for stealing Pidgeons .
Sarah Dickenson , of the Parish of St. George the Martyr , was indicted for the Murder of her Female Bastard Child, by suffocating, strangling, and breaking the Neck of the said Bastard Child, on the 20th of December last, of which it instantly died .
She was a second Time indicted on the Coroner's Inquisition for the said Murder; to both which Indictments she pleaded Not guilty.
Barbary James depos'd, That she lay with the prisoner, who went for a single Woman, that she went to Bed ill on the 20th of December, and complain'd of a Hurt she has received, which have her great Pain; that she had told this Deponent of her Design to go away from her Place, but this deponent did not know of any Preparation she had made for the Reception of a Child, tho' she heard the Prisoner say, she had, when taken into Custody. Hannah Perkinson depos'd. That she had suspicion of the Prisoner's Case, from Barbary James's telling of her Illness, and asking her for something to comfort her; that in Consequence of this Suspicion, she was diligent in the Discovery, and found the Child in the Necessary House, but this Deponent could not perceive any Mark of Violence that had been offered to the Child, neither could she form an Opinion whether the Child was Still-born or not. Mrs. Busher, the Midwife, depos'd, That she being sent for, saw the Child after it was taken out of the Vault, and that it was her Opinion that the Child was smotherd for want of Help in the Birth, but as to the breaking of the Neck, this Deponent said, it could not be done without Violence; which indeed, she said, might happen by its being slung down in the Vault, which was six Foot deep. This Deponent further said, That she ask'd the Prisoner, How she could commit such an Action? To which the Prisoner replied, she did believe she had 3 Months to go, which made her not so forward as making Provision as she should have been, and that the Child was Still-born. Her Examination before Robert Thornhill , Esq; was read in Court, in which she said, she was delivered of a dead Child whilst her Fellow Servant was in the Room, that she had received Damage by ringing out Cloaths, which brought on her Pains, which she thought would go off, believing she had then 10 or 12 Weeks to go, and that she had made Preparation for the Child's Reception; in particular, 2 Caps, 2 Forehead-cloths, and a Shift. Correspondent to this, Thomas Hewlet depos'd, That he being a Constable, was order'd to search her Box, and found there a Belly-band, 2 Stays, 2 Sleeves, and other Child-bed Linnen. Upon the Whole the Jury acquitted her.
The Trials being ended, the Court proceeded to give Judgement as follows:
Receiv'd Sentence of Death 7.
Burnt in the hand 1.
George Saunders , John Simpson , Joshua Dean , Sarah Pool , Mary Piddington , William Selby , Robert Appleby , John Hews , Heath Goulden , Susanna Broston , Mary Lewis , Robert Ramsey , Mary Grag , Elizabeth Trapshaw , William Hazard , Robert Sedgwick , Jane Nash , Richard Burton , William Barratt , Elizabeth Ross , William Bannister , Mary Dawson and Edward Rowell .
Mr. Savage, Mr. Gregory, and Mr. Wilcox, were admitted to Bail, in order to their pleading his Majesty's Pardon.
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