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.
Thursday, Friday, Saturday, Monday, and Tuesday, being the 16th, 17th, 18th, 20th, and 21st of January, 1728-9, in the Second Year of His MAJESTY's Reign.
BEFORE the Right Honourable Sir ROBERT BAYLIS , Lord Mayor of the City of London; the Lord Chief Baron Pengelly ; Mr. Justice Reynolds; Mr. Baron Thompson , Recorder of the City of London; and Mr. Serjeant Raby, Deputy Recorder; with other 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 on the 3d Instant he was going down Cheapside, and there being a Stop occasioned by the wedth of the Channel, at the Corner of Woodstreet, Mr. Heather ask'd him if he had not lost a Handkerchief, that he felt, and miss'd his Handkerchief, then Mr. Heather shew'd it him, the Prisoner standing by, and the Handkerchief dropt at his Feet.
Mr. Heather depos'd. That he saw the Prisoner and another running after the Prosecutor, whose Coat was unbuttoned, and he believing them to have an ill Design, followed them close, and saw the Prisoner put his Hand into the Prosecutor's Pocket, but bringing his Hand out empty he made a second Dive, and then brought the Handkerchief out, that finding himself like to be apprehended, dropt it between his Feet; and when he inform'd the Prosecutor of what he had seen, he own'd the Handkerchief, which he likewise did in Court, it being produced. The Fact appearing plain the Jury found him guilty .
Charles Watson depos'd, That on Christmas Day in the Morning, as he came out of St. Dunstan's Church , the Prisoner being by his Side, he miss'd his Handkerchief, and the Prisoner having on a loose Coat open, he saw his own Handkerchief in the Prisoner's under Coat Pocket, the Flap being open; that he immediately apprehended him, and by examining the Handkerchief found it to be his own, and mark'd with his Name, that he was sure he had it in his Pocket when he was in the Isle of the Church 3 or 4 Minutes before, and that he believed he did not drop it, but seeming to know the Weight of an Oath, said, he could not swear it.
John Cox , Constable, depos'd, That he saw the Prosecutor take the Handkerchief of the Prisoner and own it, and that he himself afterwards searched the Prisoner, and found five other Silk Handkerchiefs in his Pocket.
He said in his Defence, That a Sailor gave him the Handkerchiefs to hold, that he run away, and he could not since hear of him; but this idle Tale not being believed, the Jury found him guilty to the Value of 10 d.
John Peter Paul , was indicted for privately stealing a Horn Snuff-Box, a Watch, a Leather String, and a Brass Seal , but the Prosecutor not giving Evidence in a clear Light, and it appearing that they had been a Fuddling, and not so much as a Design of the Prisoner against the Prosecutor, the Jury acquitted him.
Eadey Wood , and Barbary Jennings , were indicted for feloniously stealing a Blanket, 2 China Cups, 2 China Saucers, 4 Pewter Plates, 7 Sheets, 3 Pair of Silk Stockings, 3 Pair of Worsted Stockings, 80 Yards of printed Linnen, 390 Yards of Russia Cloth and Diaper, a Silver Mug, 2 Silver Spoons, a Silver Salt, a Silver Salver, a Silver Punch Ladle, 2 Silver Tobacco Box, 2 Silver Watch, and several other Goods, in the Dwelling House of Hector Fleming , on the 21st of December last.
Mr. Fleming depos'd, That Eadey Wood being his Servant from last July to St. Thomas's Day, and he finding her negligent, and adicted to drinking Geneva, and even teaching his Children to do the like, took a Resolution to part with her, and provided himself with another; that on the Day appointed for her going away, he went into the Counting-house and was Surpris'd to find his Letters and Accompts on Fire, that recovering from his Surprise, and with Assistance putting out the Flames, he perceiv'd Fire had been applied to the Bottom of the lower Shelf on which some Papers were, which had burnt up to another Shelf, and destroy'd abundance of Writings of Consequence; that on the Night before, when he went out of the Counting-house, he left the Fire quite out, and revers'd the Candle, and that their was no other in the House besides himself, the Prisoner, and his two Children
John Messenger and Edward Atkins , of St. Mary's White-Chapel , were indicted for feloniously stealing a Wire Grate for a Window , the Poperty of Mary Perry , and found guilty to the Value of 10 d. each,
The Prosecutor depos'd, That his Bacon was taken, and so was the Thief, and that was all he could say about it, the Jury found him guilty to the Value of 10 d.
John Ward , was indicted for feloniously stealing a pound of Thread, a Tin Cannister, and half a Dozen of Battledores , on the 19th of December last, the Property of Nicholas Tyler , and found guilty to the Value of 10 d.
Mary Loe , was indicted for feloniously stealing a Silver Tea Pot, a Silver Boat, and 4 Silver Spoons, on the 21st of December last, the Goods of George Sheval , in the Dwelling-house of George Sheval aforesaid.
The Prosecutor depos'd, That the Goods were taken out of his Room, and he being sent for to the Crooked Billet, near St. Clement's Church, went and found the Prisoner stopp'd, and his Goods upon her.
Other Witnesses made it appear, that the Prisoner was stopp'd with the Plate of the Prosecutor's, and that she then said it was given her to pawn.
She said in her Defence, that the Prosecutor's Wife was a charitable good Woman, and going to her to ask Relief, she said she had no Money to relieve her, but being mov'd to Pity, fetch'd her Plate, and gave it her to pawn for her immediate Relief, which if the Prisoner could have prov'd, would have been a surprising Instance of the Charity of the Prosecutor's Wife, but it appear'd otherwise; however, she being indicted for stealing in the Dwelling-house of George Sheval , and the Prosecutor confessing he was but a Lodger in the House of Mrs. Williams, the Jury found her guilty of single Felony only .
The Prosecutor depos'd, That he did her the Favour to hand her over a dirty Place, and she ask'd him to go and drink with her, to which he consented, that they went to the House of that noted Person Mrs. Harvey, (whose Character has so often appear'd in this Paper) that after they had drank there some time, &c. the Prisoner left him; soon after which he miss'd his Money, and could not apprehend her that Night, but the next Day he found her with Mrs. Harvey in the Round-house, that he was confident it was she who robb'd him, and no other Woman was in his Company at Mrs. Harvey's.
The Prisoner denied her ever being in her Company, and brought several Witness, who depos'd, That the Prosecutor said in the Round-house the next Morning, that he could not be positive she was the Woman, that he own'd other Women were that Night in his Company at Mrs. Harvey's in Hedge-Lane.
Mrs. Harvey depos'd, That she was not at home when the Prisoner lost his Money, but came home at the time of his complaining for the Loss of it and his Mistress; but she knew little further, only, that after he was gone, she herself and the Prisoner had a Quarrel with her Landlord and a Constable, and were sent to the Round-house, the Jury acquitted her.
Henry Hambleton , of St. Dunstan's in the West , was indicted for that he not having the Fear of God before his Eyes, did on the 18th of October last, commit that wicked and detectable Sin of Sodomy on the Body of John Wynn , a Lad of 14 Years of Age , contrary to the Statute in that Case made and provided.
John Wynn being ask'd if he knew the Nature and Consequence of an Oath, said, if he did not speak Truth he should be d - n'd, he then depos'd, That he being upon liking to one Mr. Ashton, a Peruke-Maker in Chancery-lane, to whom the Prisoner was a Servant , they lay together, and after his offering unseemly Actions for some Nights, he did on the 18th of October last at 10 or a 11 in the Night, while they were both in Bed, actually commit the Sin of Sodomy; that the Day following he went from Mr. Ashton, and the Sunday Following he told how he had been us'd to one Katherine Cox a Servant to his Uncle, at which time he was very much disorder'd by the Violence he had suffer'd, Katherine Cox coroborated this part of the Evidence, adding that she saw John Wynn 's Shirt, which bore some Marks, which he told her was occasion'd by the Usage he met with from the Prisoner.
The Surgeon, who was sent for to look after John Wynn , depos'd, That he found the Parts enrag'd, the Muscles extended, and a Caceration about the Anus, yet he could not discover any thing but what might possibly proceed from the Piles, or other natural Disorders.
William Fearn depos'd, That he was likewise upon liking with Mr. Ashton, and lay in the same Room with the Prisoner and Prosecutor, and that he did not hear the least Disturbance, nor did the Prosecutor make any Complaint in his hearing of any ill Usuage he receiv'd from the Prisoner, the Jury acquitted him.
Elizabeth Ludgate , of St. Leonard's Shoreditch , was indicted for breaking the Dwelling-house of Francis Roberts , on the 9th of October, 1727 , and taking thence six pair of Silk Stockings , the Property of Thomas Killingsley .
It appear'd after the Examination of several Witnesses, that one pair of the Stockings was stopp'd, and the Matter trac'd from one Buyer to another, till the Prisoner was found, who did not deny her selling the Stockings, but said she bought them in the way of her Employment, which was to buy and sell Things at Rag-Fair, and at other Places, several appear'd, who gave her a good Character, and even those who had been Evidence against her, partly confirm'd the Truth of her Defence, that she bought and sold Goods, living a very regular Life, the Jury acquitted her.
Susan Clandel , was indicted for feloniously stealing a silver Watch, a silver Salt, and three Ells of Holland, in the dwelling House of Richard Green , on the 9th of December last, the Property of the aforesaid Richard Green.
It appear'd, That the Prisoner was a Lodger in the Prosecutor's House, and though the Goods were missing, they had not the least Suspicion of her; but they were inform'd by a Neighbour, that the Prisoner brought a Watch to pawn, and by this Information, the Fact was examin'd, and the Watch found at a Pawnbroker's, where it was sent by the Prisoner, and pledg'd for thirty Shillings.
It further appear'd, That when she had receiv'd the thirty Shillings, of the Woman whom she sent to pawn the Watch, she gave her Sixpence for her Trouble, and then going Home, gave the Prosecutor a Guinea, which she ow'd him, and the Servant Maid two Shillings. This odd Proceeding of Stealing to pay Debts, she made use of in her Defence, but this ill Conduct was not of so much Service to her, as a former good Character, which being consider'd, she was only found Guilty to the Value of 39 Shillings .
Michael Wymon , was indicted for feloniously stealing 32 lb. Weight of Soap, on the 21st of December last, the Property of John Dennet , Esq ; and Comp. and in the Shop of the said John Dennet and Comp.
Mr. Jenkinson depos'd, That he came into the Shop, and taking up a half Firkin of Soap, ran away with it, and that he pursuing, took him, the Jury found him Guilty to the Value of 4 s. and 10 d.
John Moss , Servant to Colonel Cope, depos'd, That the Prisoner came to his Master's, with a pretended Message from Sir Thomas Astin , and his Master not being stirring, he bade the Prisoner wait a little, and left him above Stairs, bidding him sit down in the Window, whilst he went down into the Kitchen; that presently he was gone, and the Coat missing; that they found it soon after on one John Johnson , who was committed for it, but clear'd when the Prisoner was found, the Jury found him Guilty to the Value of 10 d.
Thomas Neeves , of St. Giles's in the Fields , was indicted for feloniously stealing a Duroy Coat, value 13 s. on the 6th of December last, in the Shop of Charles Laurence , the Goods of the said Charles Laurence , who depos'd, That on the 6th of December, about 7 in the Evening, the Prisoner came to his Shop, and ask'd for a Dimitty Waistcoat, that he shew'd him one, but they could not agree about the Price, upon which the Prisoner d - 'd him, and turning to go out of the Shop, snatch'd up the Coat, and ran away with it, that he pursu'd him about 300 Yards, crying out Stop Thief, the Prisoner doing the same, till he was taken.
He said in his Defence, That he was pursuing the Thief who stole the Coat, it having been his Practice for some Time to catch Thieves, but he having been formerly an Evidence, and hang'd a great many Men, People had an ill Opinion of him: The Evidence against him being plain, the Jury found him Guilty . Death .
George Mitchel , of St. Brides , was indicted for assaulting Richard Cummins , and carnally knowing the said Richard Cummins, to the Disgrace of Humane Nature, the Displeasure of Almighty God, and against the Statute in that Case made and provided .
What the Prosecutor said on this Occasion will not bear mentioning, and indeed the Account given was so monstrous, that the material Points in the Depositions appear'd incongruous, which the Jury considering, acquitted him.
Mrs. Dixon depos'd, That on the 7th Instant between 8 and 9 at Night, somebody knock'd at her Door; that her Maid went and open'd it, and immediately in came the Prisoner; that he came up to her, and demanded Money, telling the Maid, That if she spoke he would shoot her dead; that he held a Pistol to her, (this Deponent) and kept making his Demands till she gave him 13 s. and 6 d. which he said would not do, saying he had another Pistol, he must have Gold; that she then pull'd out more Money, which he bade her put in his Pocket, (pulling out another Pistol) but she refus'd it saying, he might put it in his Pocket as he had done the other; that she laid it down, and as he went to take it up, she slipt by him, and running out of Doors, cried out, Thieves and Murder, till the Neighbours were alarm'd, and he apprehended.
The Servant Maid of Mrs. Dixon confirm'd every Part of her Mistress's Evidence.
John Bailey depos'd, That seeing the Prisoner run, and hearing the Cry of Thieves and Murder, he caught hold of him by the Arm, which he hold up to prevent Mischief; for he had in his Hand a Pistol which afterwards appear'd to be loaded with Powder and Ball, and that searching him they found in his Pocket 13 s. and 9 d. 3 Farthings; and that when he first laid hold of him, a Mask fell from under his Coat, and they found another loaded Pistol in the Prosecutor's Entry.
Mr. Howard the Constable, depos'd to the same Effect, the Circumstance of the Vizard Mask excepted.
Several appear'd to his Character, but that having but little Effect against positive Evidence, the Jury found him guilty . Death .
Mr. Weedon depos'd, That his Gelding was at Grass in a Field near Uxbridge, in the County of Middlesex ; that it was taken out of the Field, and some Days after brought to Uxbridge Fair, by one Thomas Tunks ; that the Gelding had a shorn Mane, and a Star in the Forehead.
Thomas Tunks depos'd, That he bought the Gelding of the Prisoner, on the 28th of September, at an Inn in the Borough of Southwark, for forty seven Shillings; and that next Day he went down to Uxbridge, in order to sell the Gelding at Uxbridge Fair, which began the Day following; that the Gelding had a shorn Mane, and a Star in the Forehead; and that he put up at the George-Inn in Uxbridge, and the People of the Inn told him, the Horse was Justice Weedon's, before whom he was immediately carry'd.
Two of the Servants at the Inn in Southwark, mention'd by Tunks depos'd, That they saw the Prisoner sell the Gelding to Mr. Tunks.
He had nothing to say in his Defence, but denying the Fact; but it appearing plain, the Jury found him Guilty , Death .
Jeremy Cray , of St. Leonard's Shoreditch , was indicted for assaulting John Benson , Esq ; on the Highway (in a Hackney Coach, in the Road leading to Hackney) putting him in Fear, and taking from him a silver Watch, value twenty Shillings, and eight Shillings in Money , on the 4th of December last.
The Prosecutor depos'd, That on the 4th of December last, about six of the Clock at Night, or a Quarter after, a Man on Horseback came up to the Coach, in which he then was, with others; that he presented a Pistol at him, and demanded his Money; that he gave him eight Shillings, and the Prisoner said, He would have more Money or Money's Worth; that another Person in the Coach gave him Money, and he himself gave him his Watch; that it was a clear Moon Light Night, but his Surprise was so great, he could not be positive the Prisoner was the Person; yet he did verily believe it was he, for he kept him so far in his Memory, as to distinguish him from several others in New-Prison, where he was carry'd on another Occasion; and that he remembered the Horse on which he rode, when the Robbery was committed, which was of a bay Colour, and carry'd his Tail very well; and he likewise distinguish'd the Horse from others since in a Stable, without being directed to it, and he could also remember that the Person had on a Fustian Coat with close Sleeves.
Thomas Fouch depos'd, That he being the Coachman, and the Prisoner riding up close to the Coach, and being on the highest Ground, could remember him very well, and was positive he was the Person who did the Robbery; that he had seen him in New-Prison since, and was sure it was he, and could likewise remember the Horse on which he rode. He said, That when the Prisoner first came to the Coach, he did not apprehend he design'd to rob the Passengers, yet he saw him ride at the Head of the Horses swearing, which he thought was for the Way; but he soon rode close up to him, and holding a Pistol, swore, D - n his B - d, he had a good Mind to shoot him, for not standing still; that he then stopp'd, and the Passengers let down the Sashes of the Coach, when he robb'd them, and commanded him to drive on, which he did but the Prisoner not contented, made him
Hannah Edmonds depos'd. That she was in the Coach, and took Notice of his being pitted with the Small-Pox, and of his wearing his own Hair, and she was sure the Prisoner was the Person who did the Robbery.
John Buckley depos'd, That the Prisoner hir'd a Horse of him, on the 2d of December, such a one as was described before by the Prosecutor, and the Coachman; that he was anxious for the Horse, till the 4th, and then about Seven at Night, he was sent Home again.
Benjamin Bowcock depos'd, That the Prisoner put up the Horse at his House, the Nag s-Head-Inn, in White-Chappel, for two Nights, he riding out in the Day Time. That on the 4th of December, he order'd his Servant should not let him go, till he had paid for the Keeping of the Horse; that he left his great Coat in Pledge, and that it appear'd, (on the Day the Robbery was committed) Mr. Buckley, by Inquiry, had heard of his Horse's being at his House, brought a Warrant for apprehending the Prisoner, suspecting that he design'd to defraud him of his Horse. That between Seven and Eight that Night, the Prisoner return'd to pay for his Horse's Time, and relieve his Coat, when this Deponent secur'd him, and said, He had a Warrant for him, for riding away with Mr. Buckley's Horse, when he said, He had sent the Horse Home by a Porter.
Thomas Cordwell depos'd, That he being a Servant at Mr. Bowcock's, stopp'd the Prisoner when he return'd on the 4th of December, as aforemention'd, and that searching him, he found in his Pocket, a Pistol loaded, with Powder and Ball, and prim'd; he likewise said, That the Prisoner then had on a Fustian Frock, with close Sleeves, as describ'd by Mr. Benson.
He utterly deny'd the Fact upon his Defence, and brought one Richard Weston , a Porter, whom he employ'd to carry the Horse Home, who depos'd, That he received the Horse from the Prisoner, before Six a Clock on the 4th of December; but as this Deponent was caught in several idle Tales, his Evidence was of little use to the Prisoner; other Witnesses gave him a good Character, but this Fact appearing plain against him, the Jury found him Guilty of the Indictment. Death .
William Davis , of St. Paul's Covent-Garden , was indicted for breaking the House of Thomas Lobe , on the 14th of December last, in the Night Time, and taking thence four silver Spoons, value forty Shillings, eleven Holland Shirts, value five Pounds, and several other Things , the Property of the said Thomas Lobe .
The Prosecutor depos'd, That on the 14th of December, he got up about Seven or Eight in the Morning, and found his House had been broke open, and his Drawers ransack'd; that he had Suspicion of the Prisoner, and one Hewlet, and soon after heard of their offering to sell a silver Spoon of his, mark'd E and O.
Mr. Joyns depos'd, That the Prisoner offer'd a silver Spoon to him to sell, and the Mark of it was E and O; that the Prisoner acknowledg'd the Spoon was not his, but another Person's; that he fetch'd a Man, and a young Woman, who said, The Spoons was her's; that he not liking any of them, gave them the Spoon, and bade them go about their Business.
Mary Ansley depos'd, That one Hewlet told the Prisoner in her Hearing, he had a greal deal of Plate to dispose off, and he would sell some to carry them two down into the Country. That when Davis could not sell the Spoon, they perswaded her to go to Mr. Joyns's, and say, The Spoon was her's, which she did; that they sold the Top of a Mug of Silver, and Spoon, and that they afterwards own'd to her, that they stole those Goods, and others, and she likewise heard the Prisoner confess the same before a Magistrate.
Eleanor Lobe depos'd, That on the Night before the Robbery was committed, she fastned all the Doors of the House very securely; but what confirm'd the Fact, was, the Prisoner's own Confession, which being read in Court, the Purport of it, was, That,
One Richard Hewlet , who had been a Servant to the Prosecutor, shew'd him the Prosecutor's Cellar, and by his Directions, he got into it, on the 14th of December, at Three therein till Two the next Morning, when Davis came, and they together, pick'd a Padlock, and took the Goods mentioned in the Indictment, out of the Prosecutor's House, and convey'd them to the House of one Davis in Suffolk-Street, in the Mint; which Confession being read in Court, the Jury found him Guilty . Death .
Elizabeth Cook , of the Parish of St. Laurence , was indicted for feloniously stealing 10 Guineas, 5 Pieces of Silver, 2 foreign Pieces of Silver, and a Holland Shirt, on the 22d of December last, the Property of John Oldfield , Doctor of Physick , in the dwelling House of Mr. Joseph Porter .
Dr. Oldfield depos'd, That in October last, he put forty Guineas in a Drawer of his Scrutore; that he set down the Sum, and a Month after miss'd 15 Guineas, and after that more. That he being inform'd the Prisoner lay in his House by the Connivance of his Servants, on the 20th of December, he mark'd the Money which was left in the Scrutore, and in the Night heard somebody come into his Chamber, when he was in Bed. That he took no Notice (though she shuffled about his Bed Side) till she was gone down, when he went to the Scrutore, and found two Guineas was taken out of the Drawer, and one was taken out of his Breeches, which lay by his Bedside. That he went down into the Kitchen, and found the Prisoner there, without her Shoes; that he charging her with it, after some Hesitation, she confess'd, and gave him the three Guineas, two of which being taken out of the Scrutore, were mark'd. That she likewise brought out two half Crowns, and two foreign Pieces of Silver, which she likewise stole from him; and at length she confess'd her taking seven Guineas out of the same Scrutore, three Weeks before, a Shirt was also found upon her of Dr. Oldfield's, and several other Things were lost out of the House, and suppos'd to be taken by her, though not mentioned in the Indictment.
Mr. Porter depos'd, That he was present when she made Confession to Dr. Oldfield, and saw the two mark'd Guineas, mark'd as Dr. Oldfield had describ'd them. She said in her Defence, That she was not Guilty of all that was said to her Charge, yet she confess'd she was Guilty in Part, the Jury found her Guilty of the Indictment. Death .
Thomas Revell , of St. Paul's Convent-Garden , was indicted for feloniously stealing a silver Tea Canister, two Cases of Desert Knives, three silver Caters, eight large silver Spoons, a Pair of silver Snuffers, a silver Candlestick, and Exstinguisher, a silver Bason, four Salts, three Salvers, and several other Pieces of Plate, to a great Value, the Property of the Lady Thorold , and 30 Guineas, and three Pounds in Silver, the Property of the late Mr. Sentement , and in the dwelling House of the said late Mr. Sentement, on the 28th of July last.
Katharine Broadway depos'd, That her late Master Mr. Sentement was gone to Marybone, and only herself, Mr. Charlwood the Apprentice, and the Prisoner at the Bar, who was the Coachman , were left at Home.
That on the Morning after the Robbery was committed, the Prisoner knock'd at her Door, and told her, the House was robb'd. That she went up into the Stow Room, where the Lady Thorold's Trunk stood, which was full of Plate, and found the large Plate scatter'd about the Room, and the Trunk open. That going into another Room, she found her Mistress's Cabinet, and her Master's Desk were likewise broke open, and going into the Celler, saw the Frame of the Window, in which several Bars were fasted, was broken down. That she was certain she bolted the Cellar down over Night, and that it was found open when she went into the Cellar. That a Room in which was nothing of Consequence, had a Seal upon the Door, that was never broke, upon which Observation, the Prisoner said, he believed it must be done by somebody who knew the House.
Benjamin Charlwood depos'd, That when Mr. Sentement was in the Country, he usually lay in the House, and that Mr. Sentement being in the Country on the 4th of July, early in the Morning, he was distrub'd in his Sleep, by a Noise in the House, and he believed he heard a Pistol go off, but getting up, and hearing nothing more, he went to bed again. That at Seven in the Morning, the Prisoner came and told him, there were, or had been, Thieves in the House. That he went down Stairs, and found the Prentice bound in his Bed, and unbinding him, the Disorders had been committed as mentioned by Katharine Broadway.
Thomas Dawlin , depos'd, That he being an Apprentice to M. Sentement, to long whom the Prisoner was a Coachman, the Prisoner had for a long Time endeavour'd to perswade him to be Confederate in robbing his Master; that at length, with frequent Importunities, he was prevail'd with to a Complyance. That on the Day mentioned in the Indictment, he the Prisoner, took the Opportunity of Mr. Charlwood's, and the Maid's being Abroad, and with false Keys opened several Doors, and took out the Plate from the Lady Thorold's Trunk, and the Money from his Master's Desk, and brought down his Hands full of Guineas. That he went up Stairs a second Time, and brought down more Plate, and then broke open his Master's Till, out of which he took a broad Piece, a Guinea, a half Guinea, and some Silver; that they shar'd the Money, and the Prisoner hid the Plate in the Still-Room. That in the Morning betimes, after this, he got up, and pull'd out the Frame of the Cellar Window, and then ry'd this Deponent down in his Bed to put a Colour on the Knavery, as if it was done by common Housebreakers; after which, he went up Stairs, and fir'd off a Pistol, to amuse the Neighbourhood, and Alarum the Family, with the Apprehension of Thieves and Robbers.
That some Time after, none of them being in the least suspected, and the Prisoner's Money exhausted, he consulted with this Deponent about melting down the Silver, and accordingly they bought a melting Pot, and after melting it, ran it upon the Hearth, and the Prisoner dropping it afterwards in the Dirt, perswaded this Deponent to go with him to a Silversmith, to vouch for him, That he see him find it in the Dirt; but the Silversmith being cautious, stopp'd the Plate, and very honestly, and industriously discover'd the Scene of Iniquity; and upon the first Appearance of a Discovery, this Deponent made a full Confession, and was admitted an Evidence.
Mr. Weaks the Silversmith corroborated the latter Part of this Deposition, in relating every Circumstance of their coming to him with the Plate, his Suspicion, and their being apprehended.
Several Gentlemen of Worth appear'd for his Character, who gave him an extraordinary good Word, he having serv'd some of them as a Coachman, others as a Footman, and all to the best of their Knowledge, as a faithful Servant; but notwithstanding his former Character, the Fact appear'd plain, upon which the Jury found him Guilty . Death .
William Hales , Goldsmith , of St. James's Westminster , was indicted for a Misdemeanor, in forging and counterfeiting an Indorsment on a forg'd and counterfeit Note, on which were the following Words and Figures, 800 l. pay to the Order of - Value receiv'd, Samuel Edwards . The Council for the King open'd to the Court the Nature of the Offence, and the Heinousness of the Crime, for which the Prisoner stood indicted, for first, forging a counterfeit Note of 800 l. made payable to Samuel Edwards , Esq ; and sign'd Robert Hales , and indorsing it with the Name of Samuel Edwards , which Note he drew upon a Paper he had obtain'd of Mr. Edwards, under the Pretence of a frank'd Cover, in which he said, he should send News into the Country, and thus he abused the Courtesy and good Nature of Mr. Edwards, by cutting off the upper Part of the Paper, which contain'd the Directions and drawing a Note, so as the Name Samuel Edwards , and the Word Free, should serve his Purpose in the Indorsment, and then borrowing, and receiving 450 l. of Mr. Robert Harl , on the Gredit of the said indors'd Note.
Thomas Maddox depos'd, That he being Servant to Mr. Edwards, had observ'd that for some Years past Mr. Hales had several frank'd Covers of his Master Mr. Edwards, and that in July last, Mr. Hales's Servant came to his Master's, with six blank Covers, and desir'd in the Name of his Master, that those Covers might be frank'd without a Superscription, which his Master refus'd, he always writing the Superscription, as well as the Word Free and his Name; he further said, That he never knew his Master give any promissary Notes on any Occasion whatsoever. The six frank Covers being shew'd to this Deponent, he said, He did believe those were the very same Covers that Robert Hudson , Mr. Hales's Man, brought to his Master, to be frank'd in July last.
Ann Clark depos'd, That in July last, Mr. Hales's Servant, brought a Letter for her Master, who was than in the Country, and deliver'd it to her, which Later being produc'd in Court, it appear'd, That Mr. Hales finding Mr. Edwards had refus'd to frank his Letters without writing the Directions himself, had sent three several Directions in this Letter, for the six Franks; and that when her Master came Home, she deliver'd this Letter, or Note of Directions to him, and he then said, he would not frank Mr. Hales's Letters any more; for he had both a Brother and Nephew, who were Members of the House of Commons, and could do it for him.
The Contents were as follows.
To Mr. Levett.
It was likewise observ'd, That the crouded o, and the Addition, were different Ink from the F, and the Name Samuel Edwards ; and that at the Top of the Note, there were the Bottom of some Letters, which were suppos'd to be the Part of the Direction of a Letter.
A Remark was likewise made, That it is not the common Custom to write for Val. received, but Val. receiv'd; but as the Word Free could not be well ras'd out to serve the Purpose, it was made For, though done so bunglingly, as it might easily be discover'd.
Mr. Spicer depos'd, That he has been a Clerk, and wrote for Mr. Edwards, above twenty Years; that he was acquaintted very well with Mr. Edwards's Affairs in general, and never knew, or heard of any Dealings he had with Mr. Hales, and the Note being shew'd to him, he said, The Name Samuel Edwards , and the F, he did believe to be Mr. Edwards's Writing, and he made the same Observations on the other Part of the Indorsment as was made before.
Mr. Braithwait depos'd, That Mr. Hales brought a Note to him (as mentioned before, being an Order from Mr. Harl, to pay Mr. Hales 450 l. which Note or Order was read in Court) and desir'd he would give him two Notes, one for 250 l. payable to Mr. Hales, and one for 220 l. payable to Charlton Thurp, and this being above the Sum mentioned in Mr. Harl's Order, Mr. Hales gave him a Note of 20 l. to make up the Sum.
Mr. Harl depos'd, That on the 13th of June last, Mr. Hales brought a Note to him, of 800 l. (which being produc'd in Court, appear'd to be the same for which he stood indicted) and desir'd he would lend him 450 l. and upon the Credit of this Note, he drew upon his Goldsmith, to pay Mr. Hales 450 l. which Mr. Hales promis'd to pay in a few Days, and left the Note in Pledge, till it should be paid, which Note had been in his Hands ever since, and had not been alter'd but was directly as he receiv'd it of Mr. Hales. That when Mr. Hales was taken up in September last, for counterfeiting a Note of 6400 l. he went to his Goldsmith, and found that Mr. Hales had paid to him and Comp. 460 l. on the very Day he was taken up, an Account of which being found in a Memorandum, when Mr. Hales was secur'd at the Bank, the Money was attach'd, and he suspecting Mr. Hales to have counterfeited this Note, went and found out Mr. Edwards, who was surpriz'd at the Sight of it, acknowledging he did believe the Name Samuel Edwards on the Indorsment was his own Hand Writing; but for the other Part, it appear'd to him a Forgery; the Note being produc'd it was read by Order of Court, viz.
May the 13th 1728.
800 l. pray pay to the Order of -
For the Value receiv'd.
And here it was observ'd, That the Word For, was made out of the Word Free, as wrote on a Cover by Mr. Edwards for Mr. Hales, the o being crouded between the F and r, and one of the ee's at the End of Free, made to serve for the contracted the, and the other e taken into the Beginning of the y.
The Council for Mr. Hales observ'd, That Mr. Harl had his 450 l. paid him again, and therefore concluded, That Mr. Hales could not be brought under the Imputation of defrauding him; but this was answer'd, That the 450 l. which Mr. Hales paid to Mr. Harls Goldsmith, was not paid as a Discharge of that Debt, but placed to accompt, Mr. Hales being at that Time indebted in other Sums to Mr. Harl, and an Instance given. That if it had been otherwise, his Crime would have been the same, that is, If a Thief steals Goods out of a House, and does not keep, but bring them back, it is still a Felony, the Jury found him Guilty of the Indictment.
This being the 450 l. mentioned on the foregoing Indictment, which Mr. Hales defranded Mr. Harl of, under false Colours and Pretences, with the counterfeit Note of 800 l. drawn upon Robert Hales , and indors'd Samuel Edwards , the same Witnesses were call'd over again, and the Fact appearing plain, the Jury found him Guilty .
William Hales and Thomas Kinnersley (a Clergyman ) were indicted for forging and counterfeiting a Note, bearing Date the 16th of August 1727, for 1260 l. payable to Samuel Edwards , Esq ; or Order, sing'd Thomas Kinnersley , and indors'd Samuel Edwards .
The Council for the King opened to the Court, that the Prisoners being Persons of ill Fame, and having in their Custody a false forged and counterfeit Note, did publish the same Fraudulently for a true Note, knowing it to be false and counterfeit, and thereby intending to cheat and defraud Samuel Edwards, Esq; and other his Majesty's Subjects, with the said forg'd and counterfeit Writing. That it was a melancholy Scene to see a Clergyman in that Habit Mr. Kinnersley appearing at the Bar in a Clergyman's Habit, arraign'd for such unjust Proceedings, in being concern'd with Mr. Hales, in contriving counterfeiting and forging this Note, for which they stood indicted. That the good Nature of Mr. Edwards, in giving frank Covers to Mr. Hales, had given them this Opportunity to counterfeit a Note, and contrive Mr. Edward's Name to the Indorsment. That the Hand Writing in the Body of the Note was Mr. Kinnersley's. That the Paper on which the Note was drawn, appear'd to have been cut, or torn from some Writing, the Bottom of several Letters being visible at the Top of the Note, and the Note cut, and as it were indented to give the more Room for the Note to he wrote on, that the Word Free, as in all Probability, and even Appearance, was upon the Note, was chang'd to the Word For, to serve the Purpose of the Prisoners. That the Ink and in the o, which as in the other Note was crouded between the F and the r, and the additional Writing were much blacker than the Name Samuel Edwards . That Mr. Edwards and Mr. Kinnersley, if they knew one another, never had any Dealings together, nor could there be any Foundation, for a Note of such Consequence, as that of 1260 l. That Mr. Kinnersley had confess'd his Writing all the Body of the Note. That they had so managed the Affair, as to get the Sum of 750 l out of one Mr. Bird, upon the Credit of this counterfeit Note, which they deposited in his Hands. That when Mr. Bird demanded the Money of Mr. Kinnersley, he said, he was a poor undone Man, and Mr. Bird must apply to Mr. Edwards, who indors'd it, and was a wealthy Man. That when Mr. Kinnersley was carry'd before Sir Richard Hopkins , under Confusion, he seem'd minded to make a Confusion, but was hinder'd by an Attorney, when he so far retracted, as even to deny his own Hand Writing.
Thomas Maddox depos'd, as in the first Indictment, That Mr. Hales, who liv'd opposite his Master Mr. Edwards, in Dukestreet Westminster, had for some Years past frequently got frank'd Covers for Letters of his Master, &c. Ann Clark likewise repeated her former Evidence, That the Servant of Mr. Hales deliver'd her a Note, in which was contain'd three Directions to John Prat , Esq: of Bristol, Mr. Levet of Huntington, and Stephen Mitford , Esq; at Exeter, her Master having before refus'd to Frank Letters without he wrote all the Directions.
Mr. Spicer likewise confirm'd his former Evidence.
Mr. Bird depos'd, holding the Note, for which Mr. Hales and Mr. Kinnersley were indicted, in his Hand, That on the 20th of March last, Mr. Hales brought the Note to him, and on the Credit of that Note, and a promissary Note of his own, he lent him 750 l. in Bank Notes. That on the 3d of April following, Mr. Hales brought him 400 l. and indors'd it on his own promissary Note; but he never paying him any more, he sent his Attorney, Mr. Tompkins, to Mr. Kinnersley, to demand the Money. That Mr. Kinnersley came to him, and own'd the Note, saying, it was his own Hand Writing; but how it came to be indors'd by Mr. Edwards, he could not tell. That he was a ruin'd and undone Man, and must make himself over to the Fleet, if the Money was demanded of him, and that Mr. Edwards who indors'd the Note, was a Man of Substance; that the Note had been all the while since the 20th of March in his Custody, without any Alterations: The Contents were as follows,
August the 16th 1727.
1260 l. pray pay to the Order of -
For the Value receiv'd.
The Indorsment being examin'd, it appear'd to the Court and Jury, That the Bottom of several Letters were visible, and the paper cut and indented, as if to take out the Ends of all the Letters, though this was not done effectually; and the Words to make as if indors'd by Mr. Edwards, were of a different Ink from F, and the Note Samuel Edwards.
Mr. William Wright depos'd, That he was before Sir Richard Hopkins, when Mr. Kinnersley was brought before him, and he then confess'd, That he wrote the Note all with his own hand, but did not write the Indorsment: Mr. Samuel Edwards being likewise there ask'd, What Business he had to draw up a Note payable to him, when they never had any Dealings together, not had he so much as seen him before that Time? To which Mr. Kinnersley answer'd, he was indebted to Mr. Hales for more than the Sum mentioned in that Note, and Mr. Hales asking him for a Note, he desir'd to know who he should make it payable too, and Mr. Hales directed him to draw it payable to Mr. Edwards; and going further, as to the Note being indors'd, pretendedly by Mr. Edwards, which he know of, and acknowledg'd to Mr. Bird, before he had seen the Note; he was stopp'd by one Mr. Mitford.
Sir Richard Hopkins depos'd, That he committed Mr. Kinnersley upon the Affidavit of Mr. Bird, who swore, That Mr. Kinnersley acknowledg'd the Note to be indors'd by Samuel Edwards, before he shew'd it him; that he examin'd Mr. Edwards, and he said, He never had any Dealings with Mr. Kinnersley; and that Mr. Kinnersley than said, He drew up the Note so, at the Request of Mr. Hales; and as he thought Mr. Kinnersley seem'd before him as if he was minded to made an ingenious Confession, but was hinder'd by the Interposition of a Gentleman belonging to the Law, whose Name he understood was Mitford.
Richard Davis the Constable depos'd, That a Warrant was brought to him, to execute on Mr. Kinnersley, and told his Inventions to take him, (too many of them to repeat) but as Mr. Kinnersley's Council made use of the most material Part of this Evidence, to Mr. Kinnersley's Advantage, it would seem partial to escape it.
The Council for Mr. Kinnersley observ'd on this Conduct of his, That he acted like a Man of Conscience, in not performing an Act so unlawful, tho' so frequently practis'd.
The Council for the King then said, they would endeavour to prove, That Mr. Hales, and Mr. Kinnersley, had for the last seven Months, before this Prosecution, frequently had private Meetings together, in such Manner, as it might be reasonably be believed they mutually agreed together to form these Designs, and doubtless Mr. Kinnersley was Guilty of this Forgery.
Thomas Babb (who keeps Peel's Coffee-House in Fleet-street) depos'd, That for the greatest Part of last Summer, Mr. Kinnersley, and Mr. Hales, came to his House two or 3 Times a Week, that the one would stay in the publick Coffee-Room, till the other came, and then they would retire, one after the other, into a private Room; that 4 or 5 Days before Mr. Hales was taken up, he was at his House, and seeing Mr. Kinnersley go by the Window, he got up and followed him.
Mr. Brooks (who keeps Brook's Coffee-House in Downing-Street Westminster) depos'd, That Mr. Hales, and Mr. Kinnersley, frequently met at his House; that Mr. Kinnersley would come first, and send a Porter, or his Servant to Mr. Hales, who would come, and then they went up Stairs, and that they have refus'd a Candle, when he sent it up by the Boy, in the Dusk of the Evening.
Mr. Janeway (who keeps Janeway's Coffee-House near the Royal-Exchange) likewise depos'd, That they came sometimes to his House, and went up Stairs, but being always in a Hurry of Business, he could not remember Particulars.
Two Witnesses were call'd, to prove, That Mr. Kinnersley was indebted to Mr. Hales a considerable Sum of Money, and Robert Burkett being one, said, He did not know of any Account between Mr. Hales and Mr. Kinnersley, but he had heard Mr. Hales say, Mr. Kinnersley ow'd him Money; the Weakness of this Evidence, and the other not appearing, made Mr. Kinnersley's Council confess, That one Witness was quite lost, and the other had better never been found.
However, some Witnesses appear'd, who prov'd; That Hales and Kinnersley had Dealings together, and transacted Affairs for each other; but this did not clearly prove, That Mr. Kinnersley was really indebted to Mr. Hales.
Others were call'd in Behalf of Mr. Kinnersley, who would have taken off the Strength of the Evidence of Sir Richard Hopkins , and others, in mentioning the Interposition of Mr. Mitford when Mr. Kinnersley seem'd inclin'd to make Confession, and Mr. Kinnersley call'd the Living and True God to witness for his Innocence; yet this, without positive Evidence, was of little Effect, though he had the Indulgence to be heard. The jury found them both Guilty .
William Hales was again indicted, for procuring 750 l. by false Tokens , of Thomas Bird , and some of the same Witnesses being examin'd, the Fact appear'd plain against him, and the Jury found him Guilty .
William Hales and Thomas Kinnersley were once more together indicted, for counterfeiting and forging a false Note, or Writing purporting, That a Note of 1650 l. was drawn by Samuel Edwards , and sign'd by him, made payable to Thomas Kinnersley , dated March the 30th 1728, and indors'd Thomas Kinnersley .
The Council for the King, made the same Observations as before, on the other counterfeit Note, that they were wrote on the Covers, frank'd by Mr. Edwards, and by crouding one Letter, and obliterating another, it had been so order'd, as to pass for a true Note; and it being in the Hands of Mr. Hales, on the 22d of May last, he carry'd it to one Mr. Thrup, and upon the Credit of this false counterfeit Note, Mr. Thrup lent him in Notes to the Value of 400 l.
Mr. Maddox, Mrs. Clark, Mr. Booth, and Mr. Spicer, depos'd as before, to prove the Methods made use of by Mr. Hales, to procure frank Covers of Mr. Edwards, &c. And then,
Mr. Thrup depos'd, That on the 22d of September last, Mr. Hales brought this Note to him (holding it in his Hands) and desir'd him to lend 400 l. in Notes on it, which he did at that Time, reposing so much Confidence in Mr. Hales as to think he could not be Guilty of so vile an Action; that the Money was not yet paid, nor had the Note been alter'd.
Mr. Thomas Williams depos'd, That he being Churchwarden to Mr. Kinnersley, had seen him write, and looking on the Note, said, he did believe it to be Mr. Kinnersley own Hand Writing, and produc'd the Parish-Book, to compare it with what Mr. Kinnersley had there written, and being compar'd by the Court, the Jury believ'd to be the very same Hand Writing.
Mr. Lenton depos'd, That he had likewise seen him write, and he did believe this Note to be his Writing.
Then by Order of Court the Note was read, viz.
March the 30th 1728.
Per me Samuel Edwards.
It was observ'd by the Council for the King, That the Body of this Note, was all wrote in Secretary Hand, except the Name Samuel Edwards ; and the visible remains of the Word Free, which was round Hand, and this alone, would be a sufficient Evidence of the Forgery, but it was further prov'd, by substantial Circumstances, and the Jury found them both Guilty .
William Hales was then indicted singly, for forging and counterfeiting a Note of 4700 l. payable to Samuel Lee , or Order sing'd Samuel Edwards , and fraudulently publishing the same, for a true Note, knowing it to be false and counterfeit . This Note, with the Name of Samuel Edwards , appear'd to be likewise counterfeited, on the same Foundation with the others, and the same Alterations; which was likewise confirm'd by clear and positive Evidence, with several aggravating Circumstances; in Particular this.
Mr. Hales being under an Arrest this Time twelve Months, sent Mr. Kinnerslay to Sir Bibey Lake , and desir'd he would be his Bail, which friendly Office Sir Bibey Lake perform'd, and last July, Mr. Hales sent to Sir Bibey Lake again, and desir'd he would be Bail for him again, to a Writ of Error, which made Sir Bibey Lake hesitate, and say, if he was Bail to a Writ of Error, he should be oblig'd to pay the Money; however, at Mr. Hales's Desire, he went to Peel's Coffee-House, in Fleetstreet, and there met him and Mr. Kinnersley, and Sir Bibey Lake insisting on Security, Mr. Hales gave him this Note of 4700 l. for his Security, and then Sir Bibey Lake went with him, and gave Bail before the Right Honourable Sir Robert Raymond .
This Note was read by Order of Court, viz.
March the 30th 1727.
Per me Samuel Edwards:
And at the Back indors'd:
Witnesses being call'd, who knew this Samuel Lee , it appear'd, That he was a poor indigent Fellow, and had never any Dealings with Mr. Edwards, not could his Dealings with Mr. Hales be extraordinary, though his Wife was Nurse
Edward Hyde , was indicted for stealing a considerable Quantity of wearing Apparel, 12 Books, and other Goods , the Property of Thomas Bennison , Esq ; and the Goods of several other Persons. He was a second Time indicted, for feloniously stealing a Bay Gelding , the Property of William Glover , and found Guilty of the first Indictment, to the Value of 39 Shillings , and acquitted of the Second .
The Trials being ended, the Court proceeded to give Judgement as follows:
Receiv'd Sentence of Death 7.
Burnt in the Hand 2.
To be Whipt 2.
Charles Chaney , David Millford , Eadey Wood, John Mes senger, Edmond Atkins , James Baker , Mary Loe , John Ward , Edward Johnson , William Cole , Christopher Hu bank, John Weale , Susanna Clandel , Michael Wyman , Hugh Masquct , Margaret Jones , Robert Newman , Thomas Adams, Alice Briggs , Mary Barns , Edward Hyde , James Smith , Rebecca Cade , James Avis , Jeremiah Barroway , Ann Gibson , Sen. Ann Gibson , Jun. Mary Howard , Thomas Mash , and Susanna Axtead .
William Hales , and Thomas Kinnersley , to stand together twice on the Pillory, once over against Fetter-Lane End in Fleet-Street, and once at the Royal-Exchange; the former to pay a Fine of 50 Marks, to suffer five Years Imprisonment, and to give Security for his good Behaviour for 7 Years after: The latter to pay a Fine of 200 l. suffer two Years Imprisonment, and give Security for his good Behaviour for three Years after.
This Day is Published,
For the Use of all Persons both in Town and Country,
DIRECTIONS for PROSECUTING THIEVES without the Help of those false Guides, the Sollicitors, with a great deal of Ease and little Expence: Wherein is laid down, the Manner of indicting a Felon at Guildhall, Hicks's-Hall, the Old Baily, or at any of the Affizes.
To which is added,
Printed for the Author, and Sold by T. Read, the Corner of Dogwell-Court in White-Fryers. Price 6 d.
LONDON: Printed for E. Symon in Cornhill; and Sold by J. Roberts, at the Oxford-Arms in Warwick-Lane.