Friday the 14th, Saturday the 15th, Monday the 17th, Tuesday the 18th, and Wednesday the 19th of January 1732, in the Fifth Year of His MAJESTY's Reign.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane. M,DCC,XXXII.
(Price Six Pence.)
BEFORE the Right Honourable FRANCIS CHILD , Esq; Lord Mayor of the City of London; the Right Honourable the Lord Chief Baron Reynolds ; Mr. Justice Probyn ; Mr. Serjeant Urlin , Deputy-Recorder of the City of London; and others of His Majesty's Justices of Oyer and Terminer for the City of London , and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex .
Mr. De Boyville. Last Monday Seven-night the Lead of my Son's Coffin was taken from the Vault in Bow Church . He was Buried there in the Year 1721. I bought the Coffin of Thomas Reynolds , the Undertaker.
Mr. Reynolds . The Prosecutor bought the Coffin of me. I saw it sodder'd up, and the Body of his Son was then within it. And afterwards I attended the Funeral, and saw the same Coffin put into Bow Church Vault in February 1721.
Francis Warner . Last Monday Sev'n-night, between Four and Five in the Morning, the Prisoner came to me with this Mallet and Chissel, and we went together into Bow Church Vault, and there he cut the Lead and Plate off of Mr. Boyville's Son's Coffin. I knew it to be his Coffin, because there was an Inscription upon it. I help'd him to carry the Lead to Mr. Moore in King-street, in Old-Street-Square , who gave us at the Rate of 9 s. 4 d. a Hundred for it. The Prisoner was under Grave-Digger of Aldgate, and I am sometimes 'employ'd as a Bearer, by Mr. Robinson, the Sexton, of Bow Church. The Prisoner got the Key of the Vault of Mr. Robinson's Maid Mary, who will let him have it at any time, because he gives her now and then a Penny, or two Pence.
Robert Moore . I bought the Lead of the Prisoner about Eight o'Clock last Monday Morning was Seven-night . There was a Hundred and three Quarters all cut to Pieces. I ask'd him how he came by it? he said, that he was employ'd in clearing the Vaults at Aldgate Church, and the Church Wardens gave him leave to take it as a Perquisite, and make the best on't.
Prisoner. You said, bring what ye will, and I'll buy it of ye. I have often sold you Coffin Handles; but as for the Lead, was it I or Warner that brought it to you?
Moore. Warner was with you, but it was you that deliver'd the Lead to me, and took the Money.
John Newton . On the same Day Mr. Williamson brought three Hundred and a half of Lead to me, and I bought it of him at 13 s. a Hundred. One of my Men said, this Lead smells so strong of dead Corps that it almost choaks me. Phoo! says I, that's only your fancy! But in two or three Days having occasion to melt some of it, I found this Piece among it, with this Inscription:
Seth Williamson . I keep an Old-Iron Shop in Chissel-street . Mr. Moore came to me for some Iron to make Coffin Handles, and said he had some Lead to sell. I bought upwards of 300 Weight of him at 11 s. a Hundred, which I sold to Mr. Newton at 13 s. a Hundred. I asked Moore, who he bought it of? He said of some Grave-Diggers who had it for Perquisites.
Prisoner. Warner told me that he had Orders from Mr. Prior, the Church-Warden of Bow Church, to clear the Vault. And when I went down with him, he said, This is a good Place, my other Perquisites are but small, and when these Things [Iron, Lead and Nails] are gone, my Business will be worth nothing.
Warner . A little while ago the Sexton gave me leave to go down and level the Floor of the Vault. The Prisoner went with me, and taking one of the Candles he look'd all round the Vault. Lord! says he, What a Sight of Brass Nails and Handles here is? What a pity it is they should lie and spoil here, when I can have 2 d. a Pound for the worst Handle among them?
Prisoner. There's Mr. Hall, the Common-Council Man, knows me, and can give me a Character.
Mr. Hall. I know he has been Under-Grave-Digger in Aldgate Parish for four or five Years. We have had some suspicion of him, - and Yesterday we searched the South-Vault of the Church, and found it all robb'd, - and Nobody had the Key but him and his Master, and his Master hears a very honest Character.
Warner . I never said any such thing, nor ever had such Orders given me by the Church-Warden.
Nathaniel Garland . About the 30th of March 1726, my Brother was Buried in Bow Church Vault . I was Administrator, and order'd Mr. Stephen Roome , Undertaker in Fleet-street, to make a Wooden and a Leaden Coffin, but I did not see the Corps put in.
John Paine . I saw the Deceased put into the Coffin, and afterwards Interr'd in the Vault; and hearing last Saturday that the Vault had been robb'd, I enquir'd after Mr. Garland's Coffin. Warner told me, the Coffin was taken quite away, and the Corps thrown on the Ground, and shew'd me the place where it lay. I knew the Body by two Things; the Deceas'd had been Lame, and one of his Legs was shorter than the other; and after his Death his Body was open'd for the Satisfaction of his Friends to know what Distemper he dy'd of.
Warner . Last Saturday Morning between 4 and 5 the Prisoner went into the Vault with this Mallet and Chissel . He broke the Wooden Coffin, and then cut the Sides of the Leaden one, and tumbled the Corps out upon the Ground, and cover'd it with the Saw-Dust that came out of the Coffin. Says I, this Corps will soon be discover'd by the smell if ye leave it here, and then I shall come into a scrape, and my Master may lose his place: No, says he, it has been Buried so long that there's no fear of smelling. Then he cut the Lead to Pieces, and we carried it to Mr. Moore. There was about one Hundred and a half of it. When Mr. Paine came to me, I ript up the Shrond , and shew'd him the Body. The Shroud look'd as fresh and as white as the Shirt on your Lordship's Back.
Prisoner. Did not you take the Mallet out of our Vestry? - 'Tis the very Thing that Alderman Parsons knocks with. And did not you borrow the Chissel of your Brother-in-Law?
Warner. No, you brought them both to me.
Prisoner. And will you swear too that you did not carry the Lead to Moore?
Warner. I helped to carry it. And when we came to Moore he seemed unwilling to buy it at first for fear of Trouble. What a Plague in Hell are ye afraid of? says the Prisoner, Don't ye know that I rummage the Church at Aldgate, and that these are my Perquisites? - Well, but (says Moore ) you promis'd to bring me some Coffin Handles. And so I will to Morrow, says the Prisoner, as I hope to be saved, - upon my Life and Soul, - the Devil fetch me if I don't. - And so Moore paid us for the Lead, but stopp'd a Shilling till the Prisoner brought the Handles.
Moore. I would have stopp'd the Lead, but they said it was their Perquisites, and they
Prisoner. Warner brought me into the Secret, and said this and that, and t'other, and that I was safe enough , and he could get the Key of Mary, the Sexton's Maid, and would I go one time and another time? But I refus'd to go several times, till at last he persuaded me there was no Danger in it. The Jury found the Prisoner guilty of both Indictments.
2. Susan Bonning , of St. Botolph without Bishopsgate , was indicted for stealing a Callicoe Gown, value 12 s. 2 Petticoats, value 10 s. 1 Cambrick Handkerchief, value 1 s. 6 d. and a half Guinea, and 10 s. 6 d. in Silver, the Goods and Money of Benjamin Hill ; and a Gold Ring, value 8s. the Goods of John Swift , in the House of Robert Phips , the 14th of December last.
Mary Hill . I lost the Things in the Indictment; and about a Fortnight after this, the Prisoner was carried to the Watch-House at Bishopsgate, and sent for my Son and me, and she confess'd to us and the Constable that she had stolen the Goods and Money, only as I charged her with 22 s. She said there was but 21 s.
Hosier Swift . I saw my Mother's Things in the Trunk on the Sunday before she lost 'em. In the Evening of the same Day as my Mother was robb'd, the Prisoner came to me and borrow'd a Ridinghood and a Holland Apron of two Breadths, and said, She was going to a Play , but would make me drink first, and so she took me to the Black Raven Tavern in Bishopsgate-street , and there she shew'd me two half Guineas and 16 s. and told me that she never went without Gold and Silver in her Pocket.
Mary Hill . The Prisoner told me that Morning that she had not 2 d. in the World.
Prisoner. I have had great Misfortunes for 10 Years past. I own I borrow'd the Riding-hood of Mrs. Swift , tho' I never carried it Home again; but as for stealing Mrs. Hill's Goods and Money I know Little of it. The Jury acquitted her.
3, 4. William Moss and Humphrey Beach , of Queenhith , were indicted for stealing 2 Dozen of Muslin Handkerchiefs, value 30 s. 5 Dozen of Cotton Handkerchiefs, value 54 s. 50 Yards of Holland, value 6 l. 8 Damask Table Cloths, val. 6 l. 5 Diaper Table Cloths, value 25 s. 9 Caps, value 5 s. 12 Yards of Tabling Diaper, value 30 s. and several Pair of Stockings , the Goods of Daniel White , the 9th of November last.
Daniel White. I sent five Parcels of Goods to the Windsor Row-Barge, and directed them for my self to be left at the Warehouse at Windsor till call'd for. When I went to ask for these Parcels at Windsor, I found but three of them, the other two being lost. Most of the Goods in those two Parcels were stopt by Justice Lade , who advertis'd them. I went to his Worship, and found all my Goods except a Box of Headcloths, 2 Dozen of Handkerchiefs, two Diaper Table Cloths, and some Stockings.
Robert Taylor . I took the five Parcels of the Prosecutor about Four in the Afternoon , in the beginning of November , and saw them safe stow'd in the Windsor Row-Barge , and two of the five Parcels were afterwards lost out of the Barge.
James Crawford, Waterman. On the 10th of November, as I was standing at Cupid's Bridge , where I ply, the Prisoner Beach past me, and went into the King's Head Alehouse. A Peter Boat had been robb'd a little before, and Beach was suspected to have been concern'd in it, he having dispos'd of some Fish and other Things which were thought to have been taken out of that Boat, and so I and some other Watermen agreed to take him. We went and found him and Moss (the other Prisoner) sitting by the Fire, and two Parcels of Goods lying by them. We seized Beach , but Moss got by us and hid himself in the Cellar, where we afterwards found him. They gave no account how they came by the Goods, and so were carried before Justice Lade . The Goods were open'd there, and I saw Stockings, Diaper, and other Shop Goods.
Prisoner, Moss. As I was standing by the Pump at Margaret's-Hill, a Man and a Woman came by with two Bundles . She asked me to lend her a Hand, and she would satisfy me for my Pains. I took one of the Bundles , and went with her to this Alehouse at
5. Robert Peck , of St. Mary Colechurch , was indicted for privately stealing eight Volumes of the Abridgement of the Statutes, value 30 s. Langley's Young Builder's Rudiments, value 5 s. and Kersey's Dictionary, value 2 s. the Goods of John Noon , in his Shop , the 27th of December last.
John Noon . The Books lay on my Counter, and between 5 and 6 in the Evening as my Spouse was in the back Part of the Shop, she saw a Man go out, upon which she called me, and I miss'd the Books. Next Morning I sent my Servant among the Booksellers to desire them to stop such Books if offer'd to Sale. About Noon, the same Day, Mr. King came to my Shop, saying such Books were stopt. I went to his Mother's Shop in Fore-street, and there I found one Dowles , who said he had the Books of three Men, who were at the Swan and Hoop Alehouse. Mr. King, and I and Dowles went thither, and found them. A scuffle ensued. They endeavour'd to break from us. The Prisoner stabb'd me in the Shoulder with a Penknife. I call'd for Assistance, and up came A Gentleman Soldier , and wrestled with him. The two others got off, Dowles follow'd them.
Jacob Dowle . I formerly kept a Book-Stall in Moorfields, but was forc'd to leave off thro' Misfortunes. The Prisoner and two more sent for me to an Alehouse, the Prisoner gave me the Books, and bid me make the most of them, for they were in haste. I went to the Widow King's , at the Bible and Crown in Forestreet , where I was stopp'd.
Prisoner. I met an old Ship-mate and another, and we went to drink at the Black Bull in Petticoat-Lane ; Dowle came to us, and my Ship-mate said he had some Books to sell, but they were at his Lodgings over the way. Dowle went with him thither, and fetch'd the Books, and then we went together to the Swan and Hoop by Moorfields , where he left us , and went to sell the Books; he staid above half an Hour, and then came with Mr. Noon and Mr. King. My Ship mate and the other ran out, and Dowle after them, and then a Soldier knock'd me down. I ow'd Money, and was afraid of an Arrest, which made me struggle to get off. Dowle has been in Goal several times. The Jury found the Prisoner guilty to the Value of 4 s. 10 d.
Daniel Pope . The Prisoner has ply'd at my Shop to carry out Goods some Years, on the 24th of December, Israel Coats, who keeps a Chandler's-Shop in Hart-street, Covent Garden , left Word for her to come to his House to Breakfast, and bring something good with her at she used to do, but better than what she brought last . My Apprentice ask'd the Prisoner's Girl Saily , what good Things her Mother used to carry to Mr. Coats's ? and the Child said, whole Cheeses. When the Prisoner came in, he told her that Coats would have he bring something good as she used to do. Oh! she says, I know what he means, - 'tis Dog's-meat. As soon as I was inform'd of this, I sent my Man to Coats's , under pretence of buying some Cheese, to see if he could find any with my mark, and he brought back Coats himself, and this Cheese, which I knew to be mine by my mark DXP; Coats confess'd he bought this and three more of the Prisoner.
Benjamin Holding . By my Master's Orders I went to Coats's House, and there found this Cheese, which I knew to be my Master's by the mark. When the Prisoner was apprehended she fell on her Knees, begg'd Pardon, and confess'd she had stolen this and 3 more.
The Prisoner made no Defence, and the Jury found her Guilty to the Value of 10 d.
7. Elizabeth Baker , of Christ-Church , was indicted for stealing a Stuff-Gown, value 15 s. the Goods of Jeremy Mare , the 3d of July last. The Fact being plain, the Jury found her Guilty to the Value of 10 d.
The Prisoner was Nurse to a poor Woman who was sick in Norton-Falgate Workhouse . The Church-Wardens hearing the poor Woman was dead, went and turn'd the Prisoner out of the Room, and lock'd the Door. At Night the Prisoner and a Man broke the Door open, and took away the Goods. The Prisoner in her Defence said, that the Deceas'd on her Death-Bed bequeathed her those Goods for the Care she had taken in attending on her, and that the Church-Wardens shut her out to hinder her from taking them; the Jury acquitted her.
10. Robert Hallam , of St. Ann's, in Middlesex , was indicted, for that he by a Devilish Instigation, and of his Malice afore-thought, on the 9th of December last, on Jane his Wife , then being great with Child, and in a Room one Pair of Stairs high, did make an Assault with both his Hands, and out of a Window in the said Room did throw the said Jane upon a Stone-Pavement , whereby she was mortally bruised on her Back, Loins, and other Parts, of which she instantly Died, and so he wilfully and of Malice afore-thought did Kill and Murder the said Jane .
He was a second time indicted on the Coroner's Inquisition for the said Murder.
At the Prisoner's Desire the Witnesses against him were examined apart.
Charles Bird , the Prisoner's Apprentice . On Wednesday the 9th of December , about 11 at Night, I went to Bed, and fell asleep, but was awaked by a Noise between 12 and 1. I heard my Mistress (in the Room under me) cry Murder ! For God's Sake don't murder me! For the Lord's Sake, Robin , don't murder me ! Pity me! for Christ's Sake! - for my poor Family's Sake! - Then she call'd me, Charles! Charles! Charles! and once she cry'd louder than ordinary. The Prisoner said, G - d d - n you, what do you want with Charles ? I was afraid he would come up to me, and so I stepp'd out of Bed, and was going to get out of the Window , to save my self, but a Child that lay with me (who was lame, and could not speak plain , tho' it was ten Years old) cry'd Sharly ! Sharly! do no go. Then I consider'd with my self, that by venturing out at Window I might be accessary to my own Death, and so I went to Bed again. I heard a great many very violent Blows, which by the Sound seem'd to be given with the Tongs, or the Fire-shovel. By and by the Neighbours cry'd Murder! and I heard the Street-Door open, which I thought the People without had broke open. Then I said within my self, By the leave of the Lord I will venture out, as soon as the Mob comes in; but presently I heard the Prisoner come up Stairs into his own Chamber.
Prisoner. How do you know it was I that came up, when you did not see me?
Bird. Because as soon as you came up I heard you scolding again - I got up, and was going down Stairs, about 6 in the Morning, I heard a low Voice (which I thought was my Mistres's) and it said, Charles, go and strike a Light, and take the Tin Pot and draw some Beer. I did so, and brought it up. And the Voice said again, Set it down upon the Chest and leave it there. I did so; but I neither saw his nor her Face, for they were both cover'd in the Bed. - Then the Voice bid me make a Fire, which I did; and while I was blowing it up I heard 2 or 3 dismal Groans. Then I went to my Work.
Court. What Work.
Bird. The Prisoner is a Waterman , and I am his 'Prentice - I went to the Plying-Place, which is a Stone's Throw from our Alley. This was between 6 and 7 o'Clock; and about 8 Job Allen came to me, and told me my Mistress was dead. Then I have lost a very good Mistress, said I; and with that I ran home to know the Truth of it; and there I saw Dr. Smith, and the Constable, and the Prisoner, and I found it was too true! my poor Mistress was dead indeed! - Then I went to my Work again.
Prisoner. How do you know but it was your Mistress that came up Stairs? for you said you thought it was me, only because you heard my Voice after I was come up.
Bird. I thought it was not possible that my Mistress shou'd come up Stairs so readily, after the Blows that she received, and the Groans and Cries that she made.
Prisoner . Did you hear us both go down?
Prisoner. Did not you come home to Dinner the Day before this happened, and your Mistress told you she'd give you no Victuals, for she intended to make away with her self?
Bird. No. I came home to Dinner, and there was cold Beef; I desir'd her to let me broil it, and she said, with all her Heart; I might do as I wou'd - She was as good a Woman as ever broke Bread.
Ann Anderson . I live next Door to the Prisoner, there is but a thin Deal-Partition betwixt his Room and ours, so that one may hear in one Room what passes in the other, very plainly - Between 11 and 12 on Wednesday Night, while I was in Bed, I heard the Prisoner say to his Wife, G - d d - n you! tell me the Truth. - Several Blows were given - I awaked my Husband, and said, D'ye hear? Hallam's a beating his Wife, according to Custom . Then she got from him, ran down Stairs, and out at the Street-Door; he follow'd; I open'd my Window, and saw him beat her in the Street, and force her in again. He shut the Door, and while she was in the Entry I heard her cry very loud, Charles! Charles! Charles! When they came into the Chamber, I heard a great many unmerciful Blows, which by the jarring Sound I thought to be given with the Fire-shovel or Tongs; and, as if her Breath was almost gone, she cry'd, Oh! Oh ! Oh! - I thought the Blows were more like beating an Ox than a Christian! a Woman big with Child! Soon after, she cry 'd, O Robin! spare my Life! don't kill me! for God's Sake! for Christ's Sake! for my poor Infant's Sake! - Then I heard a struggling and a rustling towards the Window - she gave a lamentable great Shrick, and presently I heard something rush from the Window with such Violence that I thought the Window-Frame had follow'd. This was between 12 and 1. I jump'd out of Bed, ran to the Window, and look'd out. He ran down Stairs, and came out of the Door in his Shirt, with a Candle in his Hand; his Wife was lying in the Street. He damn'd her for a Bitch, and said she was drunk. He set down the Candle on a Bench, and taking her by the Arms, dragg'd her backward up the Steps into the Entry, and shut the Door; as he was hauling her in, I called out, You Villain! you wicked Rogue! you have thrown your Wife out of the Window, and kill'd her! All the Neighbours were alarm'd, and several came out, and said, For Christ's Sake don't use the poor Woman so, but let some Body help her; but he would let no Body. After he had got her in, I heard several Groans, and thought she might be in Labour, for she was so near her Time, that she look'd every Hour, but about 6 she dy'd, and half an Hour after he went out and brought a Mid wife. O ye Villian , said I, you have call'd a Midwife, now your Wife is dead! About 9 I went in when the Doctor was there, and he said she had been dead a long Time. Her Right-Hand was cut all a-cross the Fingers, and the Window-Post was bloody with strugling. The Prisoner said, see how the wicked Jade has cut her Hand with the Glass-Window in getting out. But I look'd, and there was not one Pane of Glass broke, nor was any of the Glass bloody, but only the Post.
Prisoner. Where was I when you talk'd about cutting her Hand with the Glass?
Ann Anderson. In your Room.
Prisoner. Have not you ow'd me a Spight these 2 Years.
Ann Anderson. His Wife shew'd me her Arms twice, a good while ago, and they were as black as your Lordship's Gown, and therefore he has bore me Malice ever since.
Swan Anderson , the Husband of the last Witness. On Wednesday the 9th of December , the Prisoner came Home between 11 and 12 at Night, and begun to scold at, and beat and abuse his Wife; she thought to escape by running down Stairs, but he was too nimble for her, and catch'd her just without the Street-Door, and beat her so barbarously, that he rais'd all the Neighbours, who cry'd out, shame on him. He beat her thro' the Entry up Stairs, and in the Chamber she cry'd, Oh! Oh! Oh! and afterwards, O Robin ! - What are you going to do? - For God's Sake spare my Life! - Don't kill me! - for Christ's Sake! - for my poor Family's Sake. Then I heard a strugling, a rustling like the rustling of a Tarpaulin , the Woman gave a great shriek, and something rush'd out of the Window at once - I could hear very plain, for there's only a Deal Partition betwixt my Room and the Prisoner's - I and
Prisoner. Did she walk up Stairs herself, or did I drag her?
Swan Anderson . Walk! No, it was impossible she should.
Prisoner. Did you not afterwards hear her speak in the Chamber?
Swan Anderson . No, I heard you mutter something to your self, but I believe she was not able to speak.
Prisoner. Did you not hear her Voice?
Swan Anderson . No.
John Fleming . I have lived next Door to the Prisoner 3 Years, - there's only a thin Partition between us, so that I can hear every Word that's spoke in his Room. For this 12 Month past, I have frequently heard great Out-cries of Murder. And particularly about 3 Weeks before her Death, he came home in a jealous Fit, and beat her, and swore he'd Murder her, if he was hang'd for it. I heard her cry, O for God's sake Mercy ! Pity me! - Pity the tender Infant within me ! Damn ye, for a Bitch, says he, I'll send you, and your Infant to the Devil together ! - I'll split your Skull, and dash your Brains against the Back of the Chimney - I know I shall come to be hang'd at Tyburn for ye. And that Night as she was kill'd, I heard him beating her again, and a great many Blows he gave her. She begg'd, For God's Sake! - For Christ Jesus's Sake! and for her poor Children's Sake ! that he would not kill her! and she call'd, Charles ! Charles! Charles! and gave a great Shrick! Then I heard Mrs. Anderson get out of her Bed, throw open her own Window, and cry out, He has thrown his Wife out of Window! I struck a light, and saw it was then about half an Hour after 12. Mr. Anderson and his Wife lodge in the fore Part of the House, and I in the back Part. After the Prisoner was taken by Mr. Betty, the High-Constable, I heard him say, I will not wrong my Conscience, I believe the Blows I gave her, and my threatening to fetch my Cane, was the Cause of her going out of the Window, but I was not in the Chamber at that time. He was before the Justice 8 or 10 Months ago for abusing her, and throwing her upon the Bed, while he had a Knife in his Mouth, and swearing he would rip her up.
Prisoner. Did not you hear me in another Room when the Out-cry was of her being thrown out of the Window?
Fleming . No.
Prisoner. Did you hear the Blows?
Fleming . Yes.
Prisoner. And did not they found as if they were struck against a Door to get it open?
Fleming . No, they founded as if struck against a Human Body.
Prisoner. Did you see my Wife after her Death? Had she any marks?
Fleming. Yes. All her left Side was black - and the Body of the Child within was black, and part of its Head was greenish, - but I did not take very particular Notice.
James Furnell . I and Richard Horseford were accidentally coming through the Street that Night, and I believe near 100 Yards before we came to the Prisoner's House I heard the blows, and an outcry of O! O! with some other Words, but I could not tell exactly what those Words were. As we came nearer, the Cries encreas'd, and says I to Mr. Horseford, This Fellow will kill his Wife. No, says he, 'tis only a Family Quarrel, and they'll be good Friends again by and by. We pass'd the Door, for we were going to a House a little beyond, but looking about we thought we were gone too far, and so turning back, I heard the Woman say twice or thrice, For God's Sake, Robin, save my Life! - Don't throw me out o'Window ! - I did not imagine that the Fellow would be such a Villain to do it , for if we had thought he would, I believe weye Drunken Bitch , get up! She had nothing on but a Shirt, a Flannel Petticoat, a thin loose Gown, and one Shoe; but neither Stockings nor Cap. Then the Prisoner set down the Candle, took her by both Arms, dragg'd her in, and lock'd the Door. We went and acquainted the Watch with it, but they took no farther Notice than to Laugh at it, and next Morning I heard she was dead.
Prisoner. Did you see me push her out?
Furnell . No; I saw you, or some Man like you, near the Window; and before she came out, I heard a rustling, as if it was in Opposition, and as she came out she gave a terrible shrick.
Prisoner. If you saw her fall, why did not you help her up?
Furnell . I heard you coming down, - when you came out you was in your Shirt and Night-cap.
Prisoner . You could hear things very plain!
Furnell. It was a very still Night, I was a Stranger to both you and your Wife.
Richard Horseford . On the 9th of December, between 12 and 1 in the Morning, I was coming along Ropemaker's-Fields with Mr. Furnell, and just as we turned out of Church-Lane , I heard several Blows, and coming nearer, a Woman's Voice cry'd, For God's Sake, Robin , spare my Life! - Murder! - For God's Sake spare my Life this time. This Fellow will kill his Wife, says Mr. Furnell; no, says I, 'tis only a Family-Quarrel, and we shall get no Thanks for meddling betwixt a Man and his Wife; and so we pass'd the Door, and went forward, but thinking we were got beyond the place we intended to go to, we turned back, and heard the Woman cry, For God's Sake, Robin, don't throw me out at Window! - For the Lord's Sake! - For Christ's sake! - spare my Life! - I look'd up towards the Window, and suddenly the Casement flew open, and at once the Woman came out with her Back foremost. I saw the glympse of a Man in the Room, - I was 10 or 12 Yards off when she fell, - She lay at length on her Back like one dead, - Just as we came to her, a Man came out in his Shirt with a Candle in his left Hand, and he put his right Hand under her Arm to lift her up, and said, G - d d - n ye, ye Drunken Bitch , get up; but finding he could not manage her with one Hand, he set down the Candle, and dragg'd her in with both Hands, and shut the Door. We went to the Watch-house at Dick's Shore, but none of the Watchmen were there; and at last we found them at an Alehouse.
Prisoner. Did she cry when I took her up?
Horseford. No; but she groaned twice.
Elizabeth Emerson . On Wednesday the 8th of December, about 3 in the Afternoon, I saw the Deceas'd, and asked her how she did? O, says she, I shall be murder'd to Night! Why so? says I. Why, says she, the Child has told me that my Husband is gone to eat a Leg o'Mutton and Turnips at Will Perkins's, and there he'll get Drunk, and then come Home and Murder me. He had kept Account of my Reckoning from the 11th of March, but now he has moved it to the 11th of April, and wants me to lay my Child to a Man in the Country; and he said if I would not, he wish'd the Devil might appear to us both in a great Flame of Fire, and carry him away before my Face if he did not Murder me when he came Home at Night. And so she desir'd me to leave my Cellar Door open that she might ran in and hide herself when he came; I told her she should not go in the Cellar, but I would leave my other Doors open, and she should come into my Room and Welcome. And so I did, and I don't know whether or no she was coming to me, but he met her, and she turn'd back, and about Midnight, when he came Home I heard him swear, he'd make her remember leaving the House. He beat her up Stairs, she cry'd out, O, says my Child, that wicked Man is beating his Wife. I heard something fall into the Street, and then his Door was open'd. I ran out, and he was dragging her in. O Mr. Hallam , says I, (clapping my Hands) take pity of her, for
Sarah Lane , Midwife . On Thursday Morning before Eight, the Prisoner call'd me to come to his Wife; I was not quite dress'd, he desir'd me to make haste; he went away, and return'd in 5 or 6 Minutes to hasten me. She had spoke to me the Friday before to be her Midwife, and I knowing her time was out, thought she was in Labour. But as I came along with him, he told me his Wife had met with a sad Misfortune; I ask'd him how? O Mrs. Lane, says he, she got out of a Window while I was in another Room. When I came there, a Neighbour said she was Dead, and so I found her, for her Face, Hands and Feet were quite cold, but her Body was a little warm. - Another Neighbour came in and asked him how she got up Stairs, and he said she walked up. At Night we stripp'd her, and I search'd her Body. There was a great Bruise on her left Arm, and several lesser Bruises on her Back and Sides like Slashes. Her right Hand was cut. The Child was full grown, and black from Head to Foot, especially on the left Side.
Prisoner. Did not you bid me send for a Smelling-Bottle, because she was in a Fit?
Lane. Yes; and I bid you go for a Doctor; for tho' I thought she was dead, I was not willing to trust to my own Judgment, because I have no great Skill in the Dead; but I told you that she did not stir, and in my Opinion never would any more.
Sarah Adams . About a quarter past 12, on Wednesday Night, I happened to be up, and a Neighbour called to me, and said, Hark! there's a crying out, our little Neighbour is in Labour; but presently there was a great Shrick , and Cry of Murder! So I went and sat at Mrs. Mingo's Door, which is almost over against the Prisoner's . The Deceased cry'd, For Christ's Sake , don't murder me! for God's Sake! for my poor Family's sake, spare me! - Charles! Charles! Charles! - G - d d - n you for a Bitch , says the Prisoner, what do ye call Charles for? This was follow'd by 3 or 4 heavy Blows. The Window was forced open, and she came out, and seemed to catch at the Sign-Post in falling, but miss'd it, and came to the Ground. She gave dismal Groans. The Prisoner came out in his Shirt, it was speckled Shirt, and with a Candle in his Hand; and going to lift her up with one Hand, he said, G - d d - n the Bitch, she's drunk, and has thrown her self out at Window . Then he dragg'd her in, shut his Door, went up and shut the Casement, and put out his Candle.
Prisoner. Was you or Mr. Furnell nearest my Wife when she fell?
Adams. Mr. Furnell and his Friend were coming by before she fell out. I begg'd 'em for God's Sake to stop, for here was a Man that would murder his Wife. And one of 'em said, What have we to do between a Man and his Wife? But for God's Sake stay, says I, for fear he should kill his 'Prentice too, who is my Sister's Son.
Elizabeth Mingo . I says to my Mother, Lord Mother! there's Mr. Hallam a beating his Wife! I saw her make her first Escape, and saw him come out and haul her in again, but I did not hear what he said then; but I heard Blows, and heard her shriek, and then heard her lump out of the Window.
Joseph Woodward , Surgeon. The Overseers of the Poor desired me to view the Body of the Deceased. Her Arm was bruised, there were 3 or 4 Marks on it, like the Marks made by a Stick, and there was a Wound in the Palm of her Right Hand, above an Inch long, and a quarter of an Inch deep; it seem'd to be a Stab with a Knife. I did not take notice of the small Bruises. On Saturday, the Coroner order'd me to open the Body. - The Abdomen was full of contused Blood, the Womb was rent 7 Inches, and the Infant, which was dead, but full grown, was forced out of the Womb, all but its Feet. The first thing we saw when the Tegament of the Belly was opened, was the Child's Right Hand; and I believe the Fall was the Cause of her and the Child's immediate Death.Elizabeth Mingo cry'd Murder! Then I heard the Deceased cry, For God's Sake, spare my Life! Don't murder me to Night, for my poor Childrens Sake ! The Prisoner ran to the Chimney, and took the Tongs or Shovel, as I guess'd by the Sound, and gave her several Blows. She shriek'd, and presently she came backwards two-double out of the Window. I heard her groan, and saw the Prisoner come out with a Candle, and drag her in and shut the Door.
Ann Brewit , the Deceased's Mother. The Prisoner brought a Woman to my House to Lye in; she was a bold Sort of a Woman; and he said to my Husband, Father, will you let her stay here? No; says my Husband. Why then, says the Prisoner, your Daughter shall suffer for it. My Daughter complained to me, that about a Twelve month ago he put a Knife in his Mouth, and threw her upon the Bed, and went to cut her open.
The Prisoner's Defence.
Prisoner. I don't doubt but to give the Court full Satisfaction of my Innocency when I have called my Witnesses.
Elizabeth Wilkinson . On Wednesday the 8th of December, between 9 and 10 in the Morning, I went to the Prisoner's House for a Pot of Beer, (he keeps an Ale-house , the Three Mariners in Rope-maker's Fields , Limehouse ) and when I came into the Kitchen, his Wife was sitting before the Fire. I stood at a little Distance, I saw she took no notice of me, and so I said, Pray, Mrs. Hallam , what's the Matter with ye? She made me no Answer. I ask'd her again, but still she said nothing; and at last, says I, Lord! Mrs. Hallam, what's the Matter with ye? Why, says she, I am thinking when the Devil will come for me.
Lydia Stevens . About 4 a Clock on Thursday Morning, I was going to wash at a House at Dick's Shore (I am a Washer-woman) and I called at the Prisoner's House for a Pint of Beer; he had got a Pot of Water in his Hand, and he said, Have you heard this unhappy Fate? My Wife has thrown her self out of the Window. I wish you'd carry up this Water, while I draw your Drink. I went up with the Water, and said, How do you do, Mrs. Hallam? How happened this ? Why, says she, I can't tell very well; I unfortunately drop'd my self out of the Window, I feel a Pain in the Bottom of my Belly; but if I should do otherwise than well, there's Anderson and Fleming are so hard-mouth'd, that if my Husband should come to a Tryal, they will swear his Life away; and therefore I beg you would speak in his Behalf, for he is innocent of throwing me out of the Window. The Window has 3 Lights, the Casement is in the middle, it is about a Yard high from the Floor.
Ruth Tate . I and my Aunt went up Ropemaker's Fields . I heard Betty Wild , a Fish-Woman, cry out Murder! and Mr. Pidgeon (who keeps a Brandy-Shop over-against her) said, What's the Matter? and she said, Mrs. Hallam has thrown her self out of the Window.
Prisoner. Does not Betty Wild go by the Name of Mingo?
Tate. Yes; but Wild was her Maiden Name. I saw the Prisoner take the Deceased up under his Arm (after she fell out o' Window) and carry her in, but I did not hear him say any thing.
Hannah Radbourne . I saw the Deceased between 10 and 11, the Morning before she dy'd. She was sitting on the Settle by the Fire-side, rubbing her Hands, in a very melancholly Mood. What's the Matter, says I? Why, says she, the Devil's got into me, and I believe he will never leave me till I have made away with my self; I desir'd her not to have such Thoughts in her Head; and she said it was no Business of mine, and I need not trouble my Head about it.
Mary Carman . I live about a quarter of a Mile from the Deceased's House; she came to me on Saturday Fortnight before she dy'd, and staid till Sunday Night. She shew'd me her Arm, it was black; I ask'd her how it came? She said her Husband hit her with a Pint-Pot, and she said, Carman! if any thing should happen to me extraordinary, those People at the next Door will swear my Husband's Life away. I suppose she did not then think that her End would be so soon. I went to see her about 8 a Clock that Morning she dy'd, and she was then warm.
Sabina Gibbs . I was going up Ropemakers-Walk , and heard Betty Wild (her Name is now Mingo) cry Murder. Mr. Pidgeon , who lives opposite to her, opened his Window, and said, what's the Matter! Why, says she, Mrs. Hallam has thrown herself out of the Window. And then I saw the Prisoner come down in his Shirt, and take her up.
Thomas Dowty , the Constable. When the Prisoner was taken by the High Constable (Mr. Betty ) he brought him to my House, and sent me to take an Inventory of his Goods. I ask'd Charles Bird , the Prisoner's 'Prentice, [who was the first Witness] where he was when his Master and Mistress had Words? and he said, abed and asleep; and about 6 o'Clock I heard my Mistress's Voice, bidding me strike a Light, and draw some Beer, and set it on the Chest.
Court. This is no Contradiction to Bird's Deposition, for he swore that he was asleep when the Quarrel began, but that the Noise waked him.
Prisoner. Pray, Mr. Gull, tell my Lord what you have heard Bird say.
Gull . What! Don't you know me, Child?
Bird . No, not you, Child!
Prisoner. Mr. Benham , pray give the Court an Account of my Character.
George Taylor . I was with Mr. Dowty when he took the Inventory. I heard Charles Bird say, that he was asleep when the Quarrel began betwixt his Master and Mistress; but I am subpoened by the Prosecutor as well as by the Prisoner, and therefore I will speak the Truth on both Sides. The Prisoner told me and Frank Me riday , that if he could raise 10 Guineas, there was one who would raise Evidences to confront the King's Evidence, and prove his Wife was Lunatick, and confirm any thing that his own Witnesses would swear to. I asked him how this Accident came about? he said, I won't wrong my Conscience, I believe the Blows I gave her, and my threatening to fetch my Cane, made her throw herself out of the Window. He said, her Hand was cut with the Glass in throwing herself out, and bid me go to the Window and see if the Glass was not bloody. I look'd, but found no Blood on the Glass nor was it broke, but only crack'd; so that it could not cut her Hand. In looking over the Goods, we found in his Waistcoat-pocket a dirty Cap of his Wife's, which was a little bloody [Mr. Furnell , in his Deposition above, says, the Deceas'd had no Cap on, when she fell from the Window.]
Prisoner. I'll tell your Lordship how that Cap came in my Pocket. My Wife complained of a Pain in her Belly, and desired me to fetch the Midwife, but before you go, says she, pray lend me the Pot, for I want to make Water: So I reached her the Pot, and she try'd to make Water, but could not. Then she cry 'd, O my Pains! - Make haste. Jenny, says I, your Cap is very foul, Is it, says she, then take it, and give me a clean Mob out of the Drawer. But as I was pulling out the Drawer, she cry'd again, O my Belly! O Robin, make haste - Run for the Midwife; and so in the hurry I run down Stairs with the Cap in my Hand, and thrust it into my Pocket as I went along.
James Turner . I was to have taken Charles Bird 'Prentice. I saw him two Days after his Mistress's Death: He said, that the Day before she dy'd, when he came to Dinner , she called him Names, he asked her why she did so? and she said, She did not care what she said, for she must die that Night.
Prisoner. I can call 20 or 30 more to my Character, but I will give the Court no farther Trouble: I had ten Hours Time to make my Escape, which I should have done, If I had been guilty; but I rather chose to stay and take Care of my Children; and I am as innocent of her going out of the Window, as the Child in the Womb.
The Jury found the Prisoner guilty of both Indictments, and the Court past Sentence of Death upon him accordingly.
11. John Platt , of St. Giles's in the Fields , was indicted for stealing 3 pair of Shoes, the Goods of Samuel Worsly ; 1 pair of Boots, the Goods of William Cary ; and 1 pair of Boots, the Goods of Barnaby Humby , the 5th of this Instant January . The Jury found him guilty to the Value of 10 d.
12. Elizabeth Turner , was indicted for privately stealing 5 Yards of Cambrick, the Goods of Andrew Biggs , in his Shop , the 16th of December last. The Jury found him guilty to the Value of 4s. 10 d.
13. Corbet Vezey , of Stepney , was indicted, for that he not having God before his Eyes, but being moved by a devilish Instigation, and wholly deprived of Humanity and Christian Charity, on the 10th of December, in the 4th Year of his present Majesty , with Malice afore-thought, on Mary his Wife , then being in Peace in the House of Thomas Finlow , in the said Parish, did make an Assault, and against her Will did put, lock up, and detain her in a Garret in the said House, and did not allow her sufficient Meat, Drink, and other Necessaries to sustain Life, and thus continued to keep her till the 16th day of December, in the 5th Year of his said Majesty, by which Means she languished, and languishing lived from the said 10th Day of December , in the 4th Year of the King, till the 30th Day of December, in the 5th Year of the King, and then miserably perished and died: and that so of his Malice afore-thought, he kill'd and murder'd the said Mary his Wife .
Christopher Best , Beadle. On the 16th of December last, as I was coming by Mr. Finlow's House (the Four Swans in Mile-end Town , near the Turnpike) a Man run a-cross the Road, and said, there's a Girl upon the House: I looked up and saw two Legs, and presently she fell down upon an old Shed, and so to the Ground: She was stunned with the Fall, and seemed to be lifeless. I took her up, and enquired who she was; for presently a great many People were got about me, but no Body could answer my Question: Her Body was all black, and her Legs were perfectly covered with a white Mold. She had on a thin old Crape-Gown, and a Bit of a red Petticoat, but no Shift nor Stockings - By-and-by a Woman came out of the Four Swans , took her under her Arm (for she was light enough) and carried her in; I followed, and still enquired who she was, and at last the Prisoner came, and said it was his Wife. And are you not asham'd to keep your Wife so? says I, she looks as if she was starved, she's nothing but Skin and Bone! No, no, says he, she's not starved. Some of the Company gave the poor Woman a Dram, and she began to come to herself. I desired she might be put to Bed, and taken care of: She was carry'd up Stairs, I would have followed directly, but they refused to let me, for they said they must put her on a clean Shift. Sometime after this, some Women went up, and I followed them into the Garret; and then she had got a Shift on. There was a half-peck Loaf wrap'd in a Cloth, and hanging up by a String: It was very hard and mouldy. I asked, why it was hung there ? and somebody answered, to keep it from the Mice. The Deceas'd being pretty well come to herself, said to me, For God's Sake stay by me! I have been used barbarously ! I am starved to Death! I stay'd with her about half an Hour, and came again next Day. The Lock and Key of her Door were without side: I asked the Reason of it, and was told by the Woman of the House, that it was to lock the Deceas'd up. I found several Bits of hard Cheese lying about the Garret. The Deceas'd said, Those Bits of Cheese are laid for me, and I would eat them if I could, but in the weak Condition I am in, I might as well try to eat a Piece of Board. When they brought me up any Victuals, they used to leave it just within the Door, and if I could not get out of Bed to fetch it, I might lie and
Coroner. Did she tell you why she got upon the House?
Best. Yes: She said she did it thro' Necessity, as thinking it better to make an end of her Life in that manner, than to starve to Death.
Court. You say her Body was black, might not that Blackness come by the Fall?
Best. I believe not, for her Body was all over black, she was stunn'd with the fall, but recover'd in about a Quarter of an Hour, and I did not perceive that she had received any further Hurt, for she was so wasted away, that she fell very light, and then her fall was broke by an old Shed.
Court. Do you think she could not eat the Cheese! was it so hard as not to be eatable?
Best . Perhaps hail Man might eat it; but I believe that a Woman in her weak Condition could not.
Court. Did she say why he us'd her thus?
Best . She said, It was because she refus'd to sell a small Estate .
Court. How long had she been confin'd thus?
Best. She said a Year and a half.
Court. Did she give you this Account more than once? Best. Yes, several times.
Court. And did she never vary in her account?
Best. No, not in the least Circumstance. She repeated the very same Things from the first time to the last.
Court. Do you think she was in her right. Senses?
Best. Yes, without doubt, she was examin'd before Justice Leake.
Court. Is her Examination here?
Clerk of the Arraigns. Yes, my Lord; here it is.
Court. Who proves it?
Court. Look on it; Is that her Hand? Did you see her sign it? Dun. I did, my Lord.
Court. Was it read over to her before she sign'd it? Dun. It was, my Lord.
Court. Was she in her full Senses when this Examination was taken, and did she seem to consider herself as a dying Woman?
Dun. I thought so, my Lord.
Court. Let the Examination be read.
Clerk, Reads. Middlesex, ss. The Examination of Mary Vezey , Wife of Corbet Vezey, now of Mile-End old Town, Weaver , taken on her Oath before me Stephen Martin Leake Esq; One of his Majesty's Justices of the Peace for the said Country, the 17th Day of December 1731.
Who faith, That she came from Christ-Church Hospital about the Month of April 1730. (when she was almost recover'd of a Fever and Learnness she had) to her said Husband Corbet Vezey , at his Lodgings at the Sign of the Four Swans in Mile-End Old Town aforesaid: At which time he put her in a Garret in the said House, and put a Lock on the outside of the Door thereof, and confin'd her till November following, about which time she obtained leave of her said Husband to go out and beg a Shift, and about a Week's time she return'd , and her said Husband then put her in the said Garret, and confin'd her to the 16th Instant, and kept her during that time chiefly with cold Meat, and sometimes with dry and mouldy Bread, and cold Small Beer, which she by reason of her Indisposition could not eat, putting it sometimes just within side the Door, which she was obliged to croep on her Hands and Knees to fetch, and bad
The Mark of
Philip Betty , High-Constable. On the 17th of December, by Justice Leake's Order, I went to enquire about this Affair. I found the Prisoner in his Loom, and I ask'd him, Why he us'd his Wife in such a Manner? He took me up shortly, and said, He'd never use her better. Upon this I secur'd him, and went to his Wife, who gave me the self same Account, as she did to the Justice upon her Examination. I was present when she sign'd that Examination, and she then seem'd to have some Thoughts of Death; but so perfectly in her Senses, that if the Clerk mistook but a Word in his rough Draught, she always observ'd it, and desir'd it might be corrected; and she repeated it 2 or 3 times, that her Husband refus'd her Water-gruel that Day, and therefore she thought to end her Life by getting out of Window.
Sarah Brees . I went to see the Deceas'd the Morning after she got out of the Window. I found her a Bed, very weak and sore, full of Pain, and in a sad Condition. She was a mere Skeleton to look at, her Body was as black as Wainscot , and there was nothing but Skin over her Bones. She told me she was starv'd for want of Necessaries, and had neither Fire nor Candle, and that he often swore he'd murder her if it was not for the Law. I ask'd her, why she got out of the Window? She said, she thought to make an end of a miserable Life, for she had undergone so much, that she was not able to bear it any longer; that she first attempted to cut her Throat, but the Knife she had was so dull, that she thought it would rather add to her Pain than release her from it. Afterwards she thought to Hang herself, and at another time to strangle herself in the Bed, but at last resolv'd to throw herself from the Garret Window . She told me the same Story several times; the last time I saw her was 3 or 4 Days before her Death. I had no Acquaintance with her before this, when the Prisoner asked me to go up and see her; I said I did not know her, why then, says he, if you don't know her, nor she know you, she'll owe you the less Discourse. He was carried to Prison that Night. I believe she did not die by the fall, but was starved to Death.
James Badily . Justice Leake sent me Word of what had happened to the Deceas'd, she being a Relation of mine. I went to see her next Day, and found her a Bed in the Garret. She was very weak and low, and almost wasted away to nothing but Skin and Bones, I enquir'd why she got out of the Window; she answer'd 'twas to release herself from her Misery and Consinement , and added, that she had been kept there about 18 Months, except a little time (Once) when she was out; that she had neither Fire nor Candle, nor the common Necessaries of Life to subsist; that she was kept with mouldy Bread, hard Crust of Cheese, and Small Beer, and sometimes Meat, but all Cold; that they always set it for her on the Ground, just within her Door, and if she could scramble out of Bed for it she might; and that sometimes she was so Cold that she could not get the Victuals to her Month, but has been forced to let it drop out of her Fingers again; and that she did not dare to call for help, because he threatened to beat her: Her Skin was quite discolour'd, and she look'd like an Anatomy. I visited her 3 or 4 times before her Death, she was in her Senses all along, and never varied in the Accounts she gave me of the ill
Court. Did she want for Victuals?
J. Badily. She had no such Victuals as was fit for a Person in her Case to eat, and then the Room was in such a Condition with her own Nastiness (for she had not Necessaries to case herself, and to keep herself clean,) that the scent of it was very noisome to her.
Court. Did she receive any Hurt by the fall?
J. Badily. She told me she thought she had not, and I did not find that she was bruised.
Prisoner. What did you say to me when I was in New-Prison?
J. Badily. The Prisoner talk'd of coming to an Agreement with me. She had a small Estate of about 7 or 8 l. a Year, and he offer'd that that should be made over to me if she would consent, and that he would allow me 3s. a Week more to maintain her; but this was after he was taken up.
Anne Badily . I went to the Deceased after her Fall, and found her in a very weak and lamentable Condition. She shew'd me her Legs and Breast; she was nothing but Skin and Bones; her Skin was all black, and she look'd just like an Anatomy that I have seen at a Surgeon's. She told me she got out of Window to rid her self of a miserable Life. I asked why she did not send word to me, or some of her Neighbours, to come and help her? She said she had no Body to send, and if she knock'd or call'd for Help, the Prisoner would come up and horse-whip her. There was a Half-Peck Loaf hung up in her Room, but it was dry and mouldy; and several odd bits of Cheese lay about on the Ground, but she said her Stomach was so bad that she could not eat any of it. O Conson , said she, no Tongue can express, nor Heart conceive, the deplorable Miseries that I have felt! I have been lock'd up in this Room for a Year and a half, perishing with Hunger and Cold, and in want of the common Necessaries of Life. In the Extremity of Winter, without Candle! without Fire! without Conveniences to ease my self! without Water to keep me clean, or Covering that would keep me Warm! continually languishing, unable to help my self, and yet without a Friend to help me! to comfort me! to pity me! In this Condition, tho' I have hardly had Strength to get out of my Bed, my Victuals, cold! and hard! and mouldy! has been brought but just within my Door, and there left upon the Ground, by the Creature that keeps Company with my Husband. I have been forced to crawl thither on my Hands and Knees, and when I have got to it, my Fingers have been so benunim'd with Cold, that I have not been able to lift it to my Head, but have been necessitated to take it up from the Ground with my Mouth, and then it was seldom that I could eat it! And sometimes I have been unable to creep back to my Bed again, so that I have been obliged to lie at the Door all Night, in the midst of Winter! Many a time I have begg'd for God's sake for a little warm Beer; and once, and but once, it was brought me. I had no better Place to case my self in that the Chimney, and there it used to be piled up together, so that not being able to bear the Smell, I have often been forced to lie with my Nose under the Pillow. Once I threw a little Water (which I had in a broken Pan) out of Window; for which he came up and horse me. O! Mr. Vezey , said I, you can ease your self where you please! you don't know what it is to want such Conveniences, sure if you did you would never use me thus! He damn'd me for an old stinking Bitch, and swore if it was not for the Law he would murder me; and so went away again. You see, Consin, how my Hair is matted together ; he will not allow me so much as a Comb. I am almost devour'd with Vermin, they have eat Holes in my Head. My Hair was so troublesome to me that I have taken a great deal of Pains to cut some of it off with an old rusty Knife. My own Filthiness has been intolerable to me. This, and much more, more than I can speak, I have suffer'd; because I was not willing to part with that little Estate of mine.
After the Deceased had given me this Account, I desired her to consider with her self that she was a dying Woman, and therefore ought to be very careful that she spoke nothing but the Truth. Consin , said she again I have told you the Truth, and nothing but Truth; I have suffer'd more than I can tell you
Court. Was not the Fall the Cause of her Death?
A. Badily . I ask'd her that Question, and she answer'd, No; I felt no Hurt whatever by the Fall, but I feel an inward Sinking and Decay, for want of the common Necessaries of Life; and I assure you, Consin , on the Word of a dying Person, that I am starved to Death; for tho' I had some Victuals, it was such that in my weak Condition I could not sufficiently eat of to support Nature. And she begg'd of me to get a Minister; and I have since been very sorry that I did not do it at that time, but I did not then think she was so near her End. When I went into her Room (tho' it had been clean'd out but a little before) the Scent of it was so offensive that I could hardly bear it. She offer'd to kiss me, but she was in such a sad Condition, and smelt so strong, that I was obliged to decline it. The Creature that belong'd to the House was almost constantly with her, to hear what she said, and to keep her from speaking, as much as she could. As for the Prisoner, I know little of him, and never had any Conversation with him. Whenever I talk'd with the Deceased on this Occasion, she constantly gave me the same Account, and never varied in the Circumstances of any one thing that she repeated.
Thomas Panter . I am a Watchman in Mile-End Old Town, and was with Mr. Betty the High Constable when he went to take the Prisoner: and I then heard the Prisoner say that he had been out the Sunday before, and staid beyond Dinner-time, and that when he came home, the People of his House told him that his Wife had been meaning for her Dinner. Upon which he went up and horse-whip'd her ; and, says he, that has put her in such a Fit of the Sullens, that she won't eat these 10 Days.
Prisoner. I have not horse-whip'd her these four Years.
Matthew Davis . While the Prisoner was in Custody, he said, that he had been to take a Walk the Sunday before, and staid longer than ordinary, so that the Dinner was later than usual; and when he came home, the People of the House told him, that the Deceased had call'd for Victuals; and he own'd, that upon that he went up and horse-whip'd her; and he said, that ever since she had got a Fit of the Sullens, and would not eat her Victuals.
Mary Renshaw . I was near the Deceased when she fell from the House; I asked who she was, but no Body answer'd. A Woman came out of the Four Swans, and carried her in. I went to see her the Sunday following, she told me they gave her nothing but dry Bread and hard Cheese, and sometimes cold Meat, and cold Small-Beer. That she had often begg'd for Christ's sake for a little warm Small Beer, but could never get it but Once. That they set the Victuals on the Ground just within the Door, and that sometimes she was so weak that she could not get to it. She was very sensible. She told me she was born the Year after the Fire of London. She took me by the Hand, and thank'd me for coming to see her.
Richard Harrison , Brother to the Deceased. Last November was a Twelvemonth, I found my Sister (the Deceased) in Forestreet, begging a Dish of Broth. I took her home with me, and kept her about a Fortnight; but being a poor labouring Man, I could not afford to maintain her any longer, and she being willing to go home again, I went with her to her Husband, and as soon as ever she came in he turn'd her up Stairs, and said, Get up, you damn'd Bitch, to your Room, and there you shall starve, and never come out till you are brought out on four Mens Shoulders. I went to see her sometimes on a Sunday; for as I was a working Man I could not spare time to go any other Day. She had no Shoes on her Bed, and was full of Vermin. When the Prisoner was at home he used to go up with me, but when he was abroad I could not get in, for he commonly took the Key with him. I offer'd to take her home, if he would allow me for her Maintenance, and take my Bond that she should not be sent home to him again; but he would not take my single Bond, and I could get no Body to be bound with me.
Court. 'Tis very strange that you should know your Sister was treated in this manner, and not complain to a Magistrate .
Court. What Reason did he give for using her thus?
Harrison. Because she would not part with a small Matter in the Country; and he told me, if she would but do that he would make her a happy Woman.
Court. Did you never sollicite him to let her have her Liberty?
Harrison. Yes; I talk'd with him about it the latter End of the Summer, and he told me, if I'd take her home he'd allow me 18 Pence a Week; but I said she was then so weak that I cou'd not get her home.
Prisoner. At the Man-in-the-Moon Tavern in White-Chapel, I offered to settle the Estate upon him and his Brother, and allow him 2 s. a Week to keep her. Mr. Martin the Attorney was there at the same time.
Harrison. Yes, he did so; but that was the Year the King was crown'd, and the Attorney said I must give Security to maintain her; and I said I could give none: And as for the Estate he talks of, that was seiz'd by my Brother, and I had no Money to go to Law about it.
Prisoner. One Day when Richard Harrison went up with me to see my Wife, he said he would rather live in a Jail than live as she did. Says I, You talk as if you did not know what a Jail is. Why, says he, here's Victuals and Drink indeed, but in a Jail I should have Company.
The Prisoner's Defence.
Prisoner. When I first married this Wife I was a Journeyman Weaver, and I took the Man-in-the-Moon Ale-house in Skinners Street; and no Couple could live more lovingly, for she was as good a temper'd Woman as ever trod Shoe of Leather. But she begun to wrong me in my Alehouse, so that I have miss'd a Guinea at a time; and she would take my Linen away and carry it out of Doors; and tho' I was a good Husband, and very careful and sparing, yet I found I was run out above 60 Pounds, for I was a 100 and odd Pounds in debt, and had but 30 Pounds to pay it with, and I was hard press'd for Money, and wept bitterly; and yet I could not believe my own Eyes, for she had got such a fair deluding Tongue, that I loved her as I loved my Life. And she took this Linen -
Mrs. Badily . It was none of your Linen.
Prisoner. She took this Linen, and a matter of 19 Pounds in Money and Rings, and a Counterpain and other Things, and put them all in a Trunk, and sent them to the Three Goats-Heads in White-Chapel; but as God would have it, I got Intelligence, and fetch'd them all back again. Then I open'd the Trunk, and look'd over the Goods, and told the Money, and said, Mary , I desire that you would not carry my Things out at this rate, but let my own House hold my own, and if we can get Money let us keep it, there they are all again! do so no more; She cry'd sadly, and said, She did it for fear they should be seiz'd, and desir'd me to give her the 3 Rings, which I did to make her easy, and when she got them she said, This is for such a One, and this for such a One, and this for such a One; Zounds! Says I, yes, my Lord, I did say Zounds, that I did, Zounds! Says I, and which is for me? Then she cry'd again sadly for a Broad-Piece, which was my former Wife's, and I told her, If she cry'd her Heart out she should never have it; but if she had a mind to look at it now and then she should and welcome. At another time I look'd under the Bed, and pull'd out a Handkerchief, and there was 25 s. in Half-pence, all but 2 naughty Farthings, and under the Drawers I found another with 17 l. in Silver in it; this was 13 Months after we were married. Then she lent 30. in my Name to one Mackey, and she has I believe a great many Things out that I shall never hear of, and that's the Reason that I confin'd her. She had me Arrested by Mr. Badily ; she left my House, and I put her in the Postman to invite her Home, and once I gave half a Guinea only for the Sight of her, and then I could not have her away. After this she came again, and said, she was come to live with me; and I said, Mary, come and welcome, if so be you will live honestly, and not rob me; she made many fair Promises, and I believ'd her again. I would have set her up in a little Brandy-Shop, in Bell-Yard, but she did not like the House: Then she pilfer'd from me again; if I had
Joseph Avery . I never knew but that the Prisoner behav'd himself well to his former Wife, and to this too, when they first went to live in Skinner's-Street. He told me of a Trunk, which, as he said, this Wife had carry'd out, and desir'd me, as I was Constable, to assist him in getting it again; we went to the Three Goats-Heads in White-Chapel , and it was readily delivered to us upon demand, and it was sent home again; I don't know who carried it out, but this Wife of his had a very bad Name.
Elizabeth Finlow . I keep the Four Swans at Mile-End; my Father rents the House, but he's very Antient, and I have the Management of every thing. The Deceas'd came to lodge at our House last April was a 12 Month.
Court. Where did she lye? E. F. In the Garret. Court . How long did she lodge there? E. F. About a Year and a half . Court. Did she ever go out ? R. F. She went out when she asked, she never asked but once; the Door was usually lock'd, but if any Body came to see her they were let in Court . Was the Lock on the outside of the Door? E. F. Yes. Court. Who kept the Key? E. F . The Prisoner commonly kept it, but sometimes it was left an the Door . Court. What Victuals had she? E. F. The same as the rest of the Family had, Beef, Pork, Fish, or whatever we had for Dinner. Court. Was it hot or cold when she had it? E. F. Sometimes hot, and sometimes cold, just as we had it our selves; we did not dress a fresh joint every Day. Court. What Bedding had she? E. F. A good Feather Bed, 3 good Blankets, a Green Coverlet, and Callicoe Sheets; She had 2 Pair of Sheets. Court. How often were they wash'd? E. F. As often as we wash'd, once a Month. Court. Had she any Fire or Candle? E. F. Yes. Court. When? E. F. After she got out o'Window, she had none before. Court. Did she never ask for Fire? E. F . She never asked me, I was not to find her in Fire. Court . Did the Prisoner lye in the same Room? E. F. No. Court. Had he no Fire in his Room? E. F. I don't know that he had. Court. But could he not come to your Fire? E. F. Yes; he did sometimes. Court. What Condition was her Room in? E. F. It was clean'd every now and then. Court. How often? E. F. I can't say how often, not very often. Court. Had she any Conveniencies? You understand me. E. F. She had a Pan to spit in. Court. Who carried the Victuals up to her? E. F. Sometimes I did, and sometimes the Prisoner. Court. Was she up or a Bed when you carried it? E. F. She was commonly a Bed. Court. And where did you set it? E. F. In a Chair by her Bed-Side. Court. Did you never leave it on the Ground just within the Door. E. F. No, never, I always carried it to her Bed side. Court. Did she never ask for any Water-gruel or warm Beer? E. F. When she ask'd for it, I got her some. Court. How often? once or twice. E. F. More than once, or twice. Court. How often did you see her? E. F. Once a Day. Court. Did she ever complain for want of Food? E. F. Not to me. Court. What Condition of Health was she in when she came to your House? E. F. Very weak, and in a wasting Consumptive way. Court. Was she all along in such a Condition? E. F. I never saw her fatter than she was when she dy'd. Court. What did the Prisoner allow you for his own and her Board? E. F. Seven Shillings a Week.
Mrs. Badily . The Deceas'd told me before this Creature's Face, that she never had a Sheet or a Blanket, nor any Chamber-Pot, but only a piece of an old broken Pan, and that she often desir'd her to bring a little warm Beer, but was always deny'd it, except only one time. This Creature would not go out of the Room all the while I was there, on purpose to hear what the Deceas'd said to me.
E. F. It is no such thing.
Thomas Finlow , Father to the last Witness. Every Day we din'd I saw them take a Plate of such Victuals as we had for Dinner, Meat, Pudding, or Dumplin (hot or cold as it happened) and carry it up Stairs; and I saw them bring down the empty plate; I am sure there was every time 3 times as much as I can eat,
Court. Are you sure the Deceas'd had all this?
Thomas Finlow . I know nothing of that, I am a feeble old Man, I never was up in her Room in my Life, and I never saw the Deceas'd but that once when her Brother brought her Home, and then she was very thin and poor.
Ann Crew [Drew] a Washerwoman . When I have been washing at Finlow's House, I have seen them carry up Plates of Victuals, such as they had themselves for Dinner, and as much as I could eat, and seen them bring the empty Plates down again. I have been up in her Room 4 Times. The first Time I went up, she complained for Beer, and said, she was almost parched up with Drought. I told the Prisoner of it, and he took no Notice of it at first, but I speaking to him again, he made me go up, and then Mrs. Finlow was there, and shewed me 4 or 5 Bottles of Beer. I asked the Deceas'd why she complained for Drink when she had so much? she said, She let it stand there because she lov'd to have it stale, and to drink it one under another.
Court. Did you see those Bottles when you first went up? Crew. No; I was not in the Room then, for he was gone out, and had the Key with him: She spoke to me through the Door. The next Time I went up, I swept the Room, and made the Bed. Court. What kind of Bedding had she? Crew. There was 1 Sheet, 3 Blankets, and a Counterpain; they were good tidy Blankets, fit for a poor Body's Bed. I washed her Shifts. Court . How often? Crew. As often as she soul'd them. Court. That's not the Question. How often have you washed them? Crew. Why, my Lord, she would not always soul them: She said, she would not wear them out, because she was willing to keep them to go into the Hospital; and so she cut the Sheets, and pinned the Pieces about her instead of a Shift. Court. You will not answer the Question. Crew. I have washed 2 Shirts. Court. Did you wash any Sheets for her? every Month, or two Months. Crew. I cannot say how often; but I have washed Sheets. She had 9 Caps. Court. And how often have you washed Caps for her? Crew. As often as she soul'd them; but she would not soul them. Court. When you went up, how did you get in? Crew. With other Company; my Mistress let me in: But the last Time the Key was in the Door, and I got in myself, and carried her up a Couple of Eggs and a Rosher of Bacon; and she said, Very well. This was about 9 or 10 Weeks before she died. Court. What Conveniencies had she? Crew. A Chamber-pot, and a Pan to spit in. I swept the Room after she fell down; I never saw any Ordure about the Room, nor any Nastiness in it but Dust. This is one of her Aprons - and this one of her Handkerchiefs - The Deceas'd gave them me for laying her out. She had 18 Handkerchiefs, 2 colour'd Aprons, and 1 Muslin Apron; they were in a Trunk in her Garret, and I did not see that the Trunk was lock'd. I never saw her out of Bed but once, and then I peeped through the Key-hole, and she was standing on the Floor.
Benjamin Vezey , the Prisoner's Brother. I frequented the House where my Brother lived, and dined there 2 or 3 Times a Week. Elizabeth Finlow is my Wife's Sister. As soon as the Victuals was taken off of the Spit, or out of the Pot, whether it was Fish, Flesh, or Fowl, a Plate of the same was carried up for the Deceas'd, and it was more than I could eat.
Court. Did you see the Meat given to her? Vezey . I never was up but once, and that was 5 Months ago. Court. And what had you for Dinner then? Vezey . A Goose roasted, a Giblet-Pye, and 2 Rabbits. Court. That was very well indeed, considering your Sister boarded both a Man and his Wife for 7 s. a Week. Vezey . And my Sister carried a Plate full, heaped. Court. Are you sure it was given to the Deceas'd? Vezey . I don't know that; but after Dinner I carried up a Dram of Brandy, and she drank it, and made no complaints to me. Court. Do you know why she was confin'd ? Vezey . To tell you the Truth, my Brother said, that if she came down, nothing would be too hot nor too heavy for her, she was so given to pilFering . Court. What condition was the Room in? Vezey . Very clean, handsome and decent. She ask'd me why I did not come and see her oftener? I had lodg'd in the same Room my self before she came.
Prisoner. What did she say to you after she fell off of the House?
Vezey . Sister, says I, how do you do? I don't know ye, says she. What! says I, don't you know your Brother Ben? O! says she, is it you? What a Mercy it was, Brother, that I did not hurt myself with the Fall? Ay, Sister, said I, so it was; but you have hurt your Husband, for he is got into Prison about it. Ay, says she, and seemed very much surprized.
Corbet Vezey, the Prisoner's Father. I have seen the Prisoner carry up hot Victuals from Dinner several times, both roast and boil'd; I have desired her to let me know if she wanted any thing, but she made no Complaint, and her Husband was not then with me. I have carry'd her up Victuals myself, since she fell off the House. She was lock'd up for robbing him, and carrying away his Trunk; and other Things.
William Parker . I often din'd at the House, and always the Prisoner, or Elizabeth Finlow , carry'd up a Place of Victuals, the same as we eat, and came down again without the Plate. I called one Sunday, and Elizabeth Finlow said to the Prisoner, Mr. Vezey , your Wife desires to see Mr. Parker . Did she? says the Prisoner, then he shall go up. I went up and found a Plate of Victuals; it was part of a Fillet of Veal, and boiled Bag Plumb-pudding. Says she, I think what I eat turns to Phlegm. Says I, can you eat any of this? What is it, says she? I han't look'd on it yet. 'Tis Veal and Pudding, says I; then give it me, says she; and so she eat the Pudding, but says she, I don't care for the Meat now, set it down. Do you want any thing, says I? No, says she, only I forgot to ask Mr. Finlow to spit in. I told Mrs. Finlow of it, and she she'd go to Town on the Morrow, and buy some thing fit for that Use. This was about 5 Months, ago. I afterwards called on a Worky-day the Prisoner was gone to Bromley, and Mrs. Finlow was frying a couple of Mutton-chops; is that your Father's Dinner, says I? No, Father's gone out, 'tis for Mr. Vezey; for Dinner fell short to Day; and then I saw her carry it up Stairs.
Ann Vezey , the Prisoner's Sister-in-law. I have din'd at my Brother-in-law's 2 or 3 Times Week and saw both him and my Sister Finlow carry up such Victuals as they eat themselves: I have been in her Room, and seen her eat till she left off, and have seen 3 or 4 Bottles of Beer there at a time Three Days after she fell off the House, I asked her, what Reason she had for doing so? she said, she could not tell, but she was sorry that she had done it. Says I, did you want any thing? No. never, says she, I always had both roast and boil'd And when I told her of her Husband, she said, she did not know that she had said any thing against him. And indeed I never knew her make any Complaint.
Sarah Skelton . I often dined at the House, and saw hot Victuals and warm Ale carried up several Times, and particularly one Time Mrs. Finlow carried up Veal and Bacon, and Greens, and I went up with her, and saw the Deceas'd eat it; and she had on a clean Shift and Mob, and very clean Sheets, and a good Bed. This was a Month before she got out of the Window. I have been up several Times, and seen a Bottle of Beer stand in the Chair by her Bed-side.
Edward Hawtrey . I was there on the 21st of December, when Dr. Scurry went up; I lighted him up Stairs; the Room was not noisome; she had on a black and white Crape-Gown, a Shift and a Cap. He said, How do you do? she answered Indifferent, but should be better if I could see my Husband; for I know not what I have done, that Justice Leake should send him to Prison. And the Doctor said, No-body can release him but you; for it is the common Vogue that he has starved you. No, says she, I would not have you believe any such Thing, for I had hot Meat, both roast and boil'd, every Day, or every other Day, as good as any Body could desire to eat. Mr. Dawson ask'd her, if her Husband hung up the half-peck Loaf by a String? and she said, No; I did it myself to keep the Mice from eating it. I have often seen
Henry Dawson , Collector of the Tax at Mile-end. I went up with Dr. Scurry , only he and I, I told her, there was a Report that her Husband had tied a Loaf up out of her Reach; she said, No, she hung it there herself to keep it from the Mice. She said, she should be glad if her Husband was out of Prison; but I heard her say nothing about her Information before the Justice.
Solomon Turkey . About 2 o'Clock in the Afternoon, on Sunday the 19th of December , I went up, and asked how she did? she said, very well, considering her late Misfortune. Says I, why did you get upon the House? and she answered, Sir, I desire you to ask no Questions; for if I was to relate to you all the Actions of my Life, it would fill a Book that the World could not contain; but all my Trouble is, that my Husband is in Trouble, and if I could but see him out, I did not care if the Lord would take me out of the World the next Moment. You seem to be much concerned at his Trouble, says I, but he would have had some, if you had made yourself away. No, says she, it would only have been the Char ge of paying the Coroner and Jury. But she said nothing that she had informed against him.
Robert Osborn [Osmond ]. I asked her if it was true that her Husband had starv'd her? she said, No, she had Bread and Cheese enough, and more than she could eat, and Meat 3 Times a Week. I asked her why her Husband confined her? she said, there were Faults on both Sides: She heartily forgave him, and hoped God would forgive her.
James Thurgill . I was the Prisoner's Apprentice, and during my Time he kept a good House, with Fish, Flesh, and Fowl, and that was very well, you'll say, for a working Man. His first Wife died 3 Days after my Time was out; when he married the Deceas'd he moved into Skinner-street , and they lived very happily at first, till he found Embezzlements, and then they begun to differ, and have Words. He had Information of a Trunk being carried away, which he got again. They were very much unsettled, he found more Embezzlements , and at last lock'd her up, to hinder her from taking his Money. After she got out of the Window, I heard he was apprehended for starving her, and went to her on the 18th of December: I asked her how she did, and if she had wanted ? she answer'd, No. I told her , I had heard him say that he had cut for her before he cut himself, and she said so he had. On the 26th of December I went again, and ask'd her if the Bread was tied up by her or him? she said, She tied it up herself to keep it from the Mice, and that she was sorry he was in Jail. But I heard her say nothing about her Information.
Mary Hawtrey . I went up after her Fall, and asked her how she did? she said, I thank God, indifferently, considering my Misfortune. How do you sleep? says I, Very well, says she, but only I sometimes wake in a Fright with the Trouble about my Husband, since he has been in Prison; but I don't know what I have said to the Justice, that he has taken him out of the House, any more than the Child unborn. While I was there, Mr. Badily came up, and asked her how she did? and she said, She did not know him. No! says he, why, I am your Cousin Badily; they say you have been starved. No, says she, it is no such thing, and I beg that you would not believe their Lies; for I had the best of Butchers Meat, both roast and boil'd, and Bread and Cheese, and small Beer; but only within this Fortnight my Stomach would not bear it.
Mr. Badily. I don't remember that this Mary Hawtrey was there when I was, but I am certain the Deceas'd said no such thing, but quite the reverse in every Respect; for she told me, she had no such Victuals as she could eat, or that was fit for any Person in her Condition; and that she wanted the common Necessaries and Conveniencies of Life.
Mr. Badily. There was no such thing spoke in my hearing.
Ann Clark . When Dr. Scurry was there, he ask'd her why she throw'd herself off of the House? and she said, She knew not why: And he said, it was a barbarous Action, and Self-Murder. And somebody ask'd if she was in her Senses? and she said, Sometimes she was , and sometimes not. Then the Doctor ask'd her about the Loaf, and she told him, she hung it there herself to keep the Mice from it.
Mr. Scurry. Surgeon. I never ask'd her why she throw'd herself off of the House; Mr. Dawson
Court. Do you think you should have found such Symptoms in a consumptive Person who had lived well, and wanted no Necessaries?
Mr. Scurry. Yes.
Mr. Coldkam ; Surgeon. I saw the Body of the Deceas'd open'd; her Lungs were wasted and decay'd, and adher'd to the Left Side. I believe she dy'd of an Asthma and Consumption.
Court. If she had not been consumptive, but by being kept from the Air, and wanting proper Aliment had only been starved, would that have had the same Effect upon her Lungs ?
Mr. Coldham . No, I believe not; tho' I never examin'd the Body of a Person that dy'd for Want. The Lungs might be entire , for tho' the Body is emaciated, it does not follow that the Intestines must be corrupted.
Mr. Mackenny , Surgeon. I examin'd the Body with Mr. Scurry , and his Opinion agreed with mine, that she dy'd of an Asthama .
Mr. Scurry . I had heard the Report of her being starved, and asked her if it was true, she said she had Victuals, but complain'd of her Consinement.
Richard Chamberlain . I have known the Prisoner 7 or 8 Years, he was my Journeyman 5 Months , and he always discharged the Trust I reposed in him with Honour and Honestly, and I don't know that he was inclined to Cruelty .
Mary Chamberlain . I have known him 15 or 16 Years; he was my Journeyman, and behav'd himself with as much Honesty and Integrity as any I know. I saw nothing disagreeable in his Temper. I intended to put my Son Apprentice to him; he lived well with his first Wife.
Joseph Lemon . I have known him 16 or 17 Years, he was a mighty pretty, frank, free Man, without Fraction. There was a Report indeed that he had had several Bastards by the Woman of the House where he lodged, but I can say nothing to that, for I know nothing of it.
Prisoner. I can call 50 more to my Character, but I will give the Court no farther Trouble.
The Jury, after a few Minutes consideration, brought in their Verdict, Not Guilty ; and found, on the Coroner's Inquisition, that Mary Vezey dy'd (by the Visitation of God) of an Asthma.
14. George Scroggs , of Tottenham , was indicted for assaulting Charles Bellinger , Clerk , in an open Place, near the Highway, putting him in Fear, and taking from him a Gold-Ring with a Cornelian-Seal , value 10 s. 1 Silk Purse, value 1 d. and 3 s. and 6 d. in Money , on the 14th of February last.
Charles Bellinger. I am Curate of Tottenham-Church . On Sunday the 14th of February last, about 10 in the Morning, as I was going from my House to the Church, in a publick Way, about a Quarter of a Mile from the Church, and a 100 Yards from the Houses, I was stopp'd by the Prisoner, who came out of a Lane Parallel with the Road. He presented a Pistol, and said, If I spoke a Word he would shoot me dead. He took half a Crown from me, and other lose Money, besides a GEOGIUS Half-penny, (an R being wanting in the Name) which were all in a Silk-Purse, and from the little Finger of my Left Hand, he took a Gold Ring with a Cornelian Stone, impress'd with a Mole, which was my Grandmother's Coat of Arms, and then he return'd to the Lane he came out of; I would have gone back into the Road, but with his Pistol he oblig'd me to go to Church. Since which, he was committed by Justice Bobun of Enfield , for an Assault, with Intent to commit a Robbery. I saw him last Sunday in Newgate. The Keeper refus'd to let me see him alone, but call'd all the Prisoners and made them pass by me. I pick'd
Prisoner. I am as Innocent of the Fact as the Child unborn . I was sick of an Ague and Fever at the time the Prosecutor says he was robb'd, but my Mother, who knows it to be true, and would have been an Evidence for me, is now sick in Shreyshire , and this is sworn upon me only for the sake of the Reward. The Jury found him Guilty . Death .
16. John Clements , of St. Bartholomew the Great , was indicted for privately stealing a Saddle, value 15 s. the Goods of Charles Carnon , in the Stable of John Atkinson , the 16th of December last. The Jury acquitted him.
19. Mary Wilkinson , alias Tyler, alias Whitlash , was indicted for privately stealing 3 Guineas and a half, and 16 Shillings , the Money of William Bennet , the 3rd of this Instant January . The Jury acquitted her.
21. James Hanton was indicted for stealing 1 Yard and a quarter of blue Silk Damask, the Goods of John Shafto , Esq ; and half a Yard of Crimson Worsted Damask, and three Yards of Lace, the Goods of Christopher Gibson , the 31st of Dec . last. The Jury acquitted him.
25. Hester Thatcher , alias Spaw , was indicted for stealing 2 Gowns , value 3 l. a Coat, a pair of Breeches, 2 Shirts, and a pair of Stockings, the Goods of Hans Arnett , in the House of Sarah Otridge , Jan. 8 . She was acquitted .
26. Simeon Duvernie was indicted for stealing a Silver and Velvet Purse, a Silver Bottle, a Gold Ring, and an Indian Root set in Silver , the Goods of Anthony Perrier , Nov. 1 . The Jury acquitted her.
31. Barbara Nowland , Wife of Patrick Nowland (executed since last Sessions) and Mary Nowland her Daughter, of White-Chapel , were indicted for receiving on the 8th of December last a Cloth-Coat, laced with Gold, a pair of Scarlet Breeches, a Dimity-Waistcoat , 2 pair of Stockings, and 2 Shirts, the Goods of Thomas Gibson (being part of the Goods which Robert Nowland her Son, and William Trevor stole, Nov. 2. when they broke and enter'd theBarbara Nowland and Mary Nowland , well knowing the said Goods to be stolen; part of the Goods were found in Patrick Nowland 's House in Rag-Fair. Where his Wife Barbara then dwelt, (he being in Newgate,) and part at William Spton 's, a Pawn-broker, in the Neighbourhood, where they were pawn'd by Mary Nowland , but it appearing that Barbara receiving part of the Goods in Obedience to her Husband and that the Girl Mary acted only as a Servant (without having any Interest) in pawning the rest, they were both acquitted by the Jury.
32. Benjamin Loveday , of St. Giles's in the Fields , was indicted for assaulting Catherine, the Wife of Charles Burkett putting her in Fear, and taking from her a Ticking Pocket, value 2 d. and 5 s. the Goods and Money of Charles Burkett , December 13 .
Mrs. Burkett. On the 13th of December , near 5 in the Evening, as I and my Mother were going a-long Luke's-Street , by the Romish-Chapel , two Fellows came up to us, one of them catched at my Pocket, and pass'd me, the other, who was the Prisoner, came and took fast hold of it. What does the Fellow want? says I, and gave him a Cuff, that beat off his Hat and Wig. Upon this the first of them ran away; but the Prisoner taking up his Hat and Wig, swore at me, snatch'd my Pocket off, push'd me up towards the Wall , and brnised my Thigh against a Post, and ran away. I scream'd out, and follow'd him, and catch'd hold of his Sleeve, upon which he swung my Pocket to me again, and with struggling he got from me, and left the Cuff of his Sleeve in my Hand - here it is.
Margaret Willmot . The Prisoner pluck'd at my Daughter's Pocket, I saw his Face plain by the 'Lights in a Shoemaker's Shop. She struck off his Hat and Wig, he took them up again , and said, Damn you, you Bc, do you beat off my Hat and Wig. Says I, don't abuse her for she's with Child; for I did not think at first that he had been a Thief. Damn ye for an old Bitch, says he, and struck me a Blow. I cry'd, Thieves! and she cry'd, My Pocket ! My Pocket! and follow'd him.
Prisoner. The first Witness says, she tore my Sleeve; I never had a Coat of that Colour; and I would ask her what I said to her when I snatch'd her Pocket?
C. Burkett . You call'd me Bitch.
John Barret , Constable. About New-Year's-Day, it being my Watch Night , I heard a Noise of singing and Rioting in the Street, and sent out the Watchmen, who brought in the Prisoner and his Companion. Next Morning I sent for Mrs. Burkett (having heard that she had been robb'd) and she said the could not be positive to them both till her Mother came.
Mrs. Burkett. I said I could not swear to his Companion whom I had taken but little Notice of.
Constable . The Prisoner's Breeches were the same Colour of the Piece of the Cuff, but his Coat was of a lighter Colour.
Prisoner . I have not wore any Coat these 2 Years; I have had only this black Waistcoat which was given me by the Governour of the Work-House when I came out. The Jury acquitted him.
34. Sarah Thoromans was indicted for stealing 2 pair of Sheets, value 15 s. the Goods of Robert Atkinson , and a Callimanco Gown, value 5 s. the Goods of Thomas Green , October 16 . which not being prov'd, the Jury acquitted her .
36. Ann Dipstall was indicted for stealing one Shirt, value 8 s. the Goods of Richard Cope Hopton , September 2 . She was a 2d time, indicted for stealing 2 Caps, value 10 d. the Goods of George Lewis , September 2 . The Jury acquitted her of both Indictments.
Elizabeth Sutton. The Prisoner lodg'd at my House. I lent her the Cup for her Child to drink out of.
Ann King . The Prisoner called at my Lodgings in Long-Alley, Moorfields , and said she was going over Tower Hill, and desired me to let her leave the Cup for fear she should lose it, and she would call for it as she came back.
Prisoner. I forgot to call for it as I came back, and when I came home, my Landlady asked me for it, and I told her where I had left it. The Jury acquitted her.
38. Elizabeth Gammer and Mary Rodes , were indicted for assaulting Thomas Edwards , [a black Boy ] in the House of the said Mary Rodes , putting him in Fear, and taking from him, 1 Silk Handkerchief, Value 2s. and an Iron Key, Value 1s. the Good of Reginald Bray , Esq ; on the 13th of December last .
Thomas Edwards . Between 5 and 6 at Night, as I was going thro' Colston's-Court in Drury-Lane , Gammer took me by the Hand , and asked me to give her a Dram; I said, I would not, for I was in haste , and going about my Master's Business; and with that, she snatch'd off my Hat , and run in a Doors; I followed her, and she locked the Door upon me, and called for Liquor, and told me, I should pay for it; I told her, I would neither pay nor drink. Then she pulled out a Knife, and swore I should. So I was in amaze, and gave 6 d. for the Brandy to another Woman that belong'd to the House, and Gammer took it from her, and said, it was not Good. Then they called their Landlady Rodes (the other Prisoner) and I said, if they would give me back that 6d. and another, I would give them a Shilling, but Rodes would have the Shilling first, and when I had given it her, she would give me no Change. Then I begged them to let me out, but they beat me and made my Mouth bleed, and made game of me, and they pick'd my Pocket of a Counter, but when they saw what it was, they gave it me again, and said, Damn him, he'll swear a Robbery against us. Then the two Prisoners made me go up Stairs, and Gammer knocked me down on the Bed, and called Rodes and they both together turned my Pockets inside out, and took a Handkerchief, a Key, and a Snuff-Box from me; but when they saw the Snuff-Box was not Silver, they gave it me again .
Mary Rodes. When I came in I found the black Boy and Elizabeth Gammer sitting in a publick Room, and drinking Brandy, but I never touch'd him.
Thomas Bartlett . When Rodes was before the Justice, she begged for Mercy, and said, she had never been guilty of any such thing before. But, said the Justice, I have had you 4 or 5 Times for Riots. When they were at the Constable's House they both said, they had never seen the Black .
Elizabeth Gammer . As I was going home , about 9 at Night, the black Boy met me , and offered to make me drink, for he said he had not drank with a white Woman a good while. He called for 2 Quarterns , and wanted to go into a private Room to have carnal Knowledge with me. He said he had but a Shilling to pay for the Brandy, but if I would oblige him, he would call again, and satisfy me.
Margaret Williams . I have laid Mrs. Rodes of five Children, but I don't know what sort of a House she keeps, for I never looked into it; for my Business is to be here and there, and every where, you know.
Court . Is her Husband living ?
Court. If she has a Husband the Indictment is laid wrong, for the Robbery is said to be committed in the House of Mary Rodes , but it cannot be her House if her Husband is living. The Jury acquitted the Prisoners.
Constantine Conway , and Samuel Quan , of St. Dunstan's in the West , were indicted for Assaulting Job Nutton , in an open Place, called Bolt-Court , near the High-way, putting him in Fear, and taking from him 3 Guineas, and 20 Shillings , Jan. 12 .
[At the Desire of the Prisoners, the Witnesses against them were examined apart.]
Job Nutton. About 7 a Clock, last Wednesday Night, I was going along Fleet-street, to my Master (who was at the Bull-head Tavern at Temple-bar) and, on this Side Shoe Lane, there were two Girls, who were singing Ballads; and a Gentleman threatned to beat the Girls, because some-body had pick'd his Pocket. I stood a little to see what was the Matter, when Quan (the tallest of the Prisoners) stoop'd down before me, and took up Half a Crown. Sir, says he to me, I believe 'tis a good one; let's go to the Light at that Shop-window, and see, and, if it is, I'll give you Half a Pint. We went; he rubb'd some of the wet Dirt off: It was a very remarkable Piece; it was bent, and look'd as if a Coach-wheel had ran over it. Sir, says he, pray lend me another Half-Crown to compare with it. I did so. He rubb'd 'em one upon the other, and said, I find 'tis good, and for Luck's sake, I'll treat you. I have a Friend lives at the upper-end of this Court (we were then at the lower-end of Bolt-Court) where we can have a Glass of good Wine. - Come, Sir, I'll shew you the Way. I was got but a little up the Court, when Conway (the short, lame Prisoner) clapp'd a Pistol to my Breast, and said, Damn you, Sir, deposit. Quan presented another Pistol, at the same Time; and Conway put his Right-hand into my Left Pocket, and took out 3 Guineas, and 20s. A Woman came up the Court. Quan swore, if I made the least Noise, he would shoot me thro' the Head. When she was pass'd, Conway said, Damn you Sir, you have got a Watch, we must have that; and began to search for it. The String of my Watch was thrust into my Fob, so that they could not get at it readily; and more Company coming up the Court, Conway walk'd off, and Quan took me by the Shoulder, led me into the Street, bade me go forward quietly, and swore, if I offer'd to speak, or turn back, he would be my Death. I went to my Master at Temple-bar, and from thence to the Queen's-head in Red-Lion-Court, in Long-Acre, where I related what had happen'd, and described the Prisoners so perfectly, that some in the Company said, they knew 'em by the Description, and would send for Mr. Haton, the Constable, who knew their Haunts, and would take 'em. Mr. Haton came; I gave him the same Description, and he apprehended 'em at a Baudy-house the same Night, and they were carried before a Justice. I swore to Quan, and to the bent Half-crown, which was taken upon him. I was a little scrupulous of swearing too positively against Conway, that Night, on account of his Crutch, For, when Conway robb'd me, he stooped to take the Money out of my Pocket, and I took Notice that his Crutch reached above the Bend of his Arm, and when he was brought before the Justice, I thought that his Crutch, (which was a short Hand-crutch) appear'd to be shorter than it was over Night; but, next Morning, I consider'd, that the Difference consisted only in the Position of his Body; for, when he stooped, his Crutch might reach above the Bend of his Arm, tho', when he stood upright, it would reach no higher than his Hand. My Scruple about his Crutch being thus removed (for I had no doubt as to his Person) I was fully satisfied, and swore to him as positively as to the other, and I am now certain, that the Prisoners are the two Men that robbed me in Bolt-Court last Wednesday Night. I saw Quan plainly at the Shop-window when we look'd at the Half-crown; and I saw them both, when they took my Money, by a Light that came from Bolt-Court Coffee-house. They had light natural Wigs on then, tho' now they have got dark Wigs to disguise themselves.
Conway. Was not you drinking, and playing
Nutton. No: I never was in your Company before you robbed me.
Quan. When you was before the Justice, you, at first, said, that you could not swear positively to either of us.
Nutton. When I first came into the Room, at the Justice's, there was but one Candle, and you stood on one Side of me, so that I had not then a full View of your Face. Three more Candles were brought in; the Half-crown was shewn me, which I knew at first Sight, and swore to be the same that we look'd on at the Shop-window. Then I turned about, and saw you; and, as soon as I had looked you full in the Face, I was certain, and swore positively that you was the Man.
Quan. What Hour was it when (as you say) you was robbed?
Nutton. About 7, or between 7 and 8 at Night.
Joseph Haton , Constable. About 9 a Clock, on Wednesday last, a Gentleman came to me, and told me, that a young Man, who was at the Queen's-Head in Red-Lion-Court, had been robb'd. I went thither, and found the Prosecutor, who gave me so exact a Description of the Persons who had robb'd him, that I presently believ'd the Prisoners to be the Men. He said, That near Bolt-Court in Fleet-street, the tallest of the two Rogues stooped down before him, and took up a Half-crown; That they went to a Shop-window, to see if it was good: It was dirty, bent in the Middle, and bruised in the Head; That this Rogue offer'd to treat him with Half a Pint for Luck's sake, and carried him up Bolt-Court, where a short, thick, lame Rogue clapp'd a Pistol to his Breast, and bade him deposit: The tall Rogue presented another Pistol; the lame Rogue rifled him; a Woman came up the Court; the tall Rogue threatned to shoot him, if he spoke; the lame Rogue felt for his Watch, but the String being in his Fob, and other People coming by, he went off; and then the tall Rogue, taking him (the Prosecutor) by the Shoulder, led him down the Court, and bade him go off quietly, or he was a dead Man. - I knew the Prisoners Haunts, and taking two Men to assist me, I went in search of 'em to James Thomson 's (a notorious Baudy-house) in Holsford's Alley in Drury-lane. This was abouthalf an Hour after Ten. I found no Body at Home but a Woman. I took a Turn in the Neighbourhood , and, posting my two Assistants in a proper Place (to avoid Suspicion) I came to the same House again. It was then about 10 or 15 Minutes past 11, and found 'em both sitting by the Fire. T hey asked me how I did, and if I had any thing to say to them? I pretended that I had got a Warrant to search for a Woman. They said, they believed them were more Whores and Thieves in Fleet-street, than in Drury-lane. I went out again to see for my Assistants, and ordered one of them to go into the Court, at one End, and one at the other, and so meet at Thomson's Door. At my return, Quan was standing at the End of the Alley: I seized him, and searching his Pockets, found some Gold and Silver, and this very batter'd, bent Half-crown. One of his Madams, who was standing by him, lent me this Paper to wrap it in. Then we went into the House, and took Conway. They have followed the Trade of dropping Half-crowns a pretty while. We carried them before Justice Mitford, and sent for the Prosecutor. When the Prosecutor came in, there was but one Candle, but three more were brought, and Quan was standing on one Side of the Prosecutor. I shew'd the batter'd Half-crown to the Prosecutor, and as soon as he saw it, he said, I'll swear to this. The Justice bade him see if he knew any Body there. He turned about, and taking a full View of Quan's Face, he swore positively, that Quan was one of 'em. You Rascal, says Quan, do you say that I held a Pistol to you? I never saw you in my Life. The Prosecutor, turning to Conway, said, And I believe this to be the other; but when he stooped to take the Money out of my Pocket, I thought his Crutch was longer then, than it appears to be now. To which Conway answer'd much as Quan had done; You Rascal, did I hold a Pistol to you? I never saw your Face before. And yet, next Day, one of 'em said to the Prosecutor, How could you be such a Rascal, to swear we robb'd you, when we won the Money of you at Cards, at the
Joseph Dudley . I went with the Constable to take the Prisoners. When they were examined before the Justice, they both said to the Prosecutor, Ye Rascal, did we hold Pistols to you? We never saw you in our Lives. But next day they both said they had won it of him at Cards, at the Mourning-Bush , the Day before the Robbery was committed.
The Defence of the Prisoners.
Quan. Last Tuesday Night, as I was going along Fleetstreet , I found Half-a-Crown, and taking it up, the Prosecutor cry'd Halves! I told him that as he was by when I took it up, I would give him half a Pint, with all my Heart; and in going along we met Conway , and so we all three went to the Mourning-Bush at Aldersgate, where we play'd at Cards, and staid till between 1 and 2 in the Morning.
Nutton. It was not Tuesday Night, but Wednesday Night, that he shew'd me the Half Crown that he pick'd up.
Quan. It was Wednesday Morning when we parted; and in the Afternoon Conway and I went to a House in Water-Lane, and there we staid till Eleven at Night.
Elizabeth Collins . I was Nurse to a Gentlewoman (Mrs. Hill) who lies-in in Britain's Court in Water-Lane; and last Wednesday between 3 and 4 in the Afternoon, the Prisoners both came in and asked how my Mistress did? They were both to be Godfathers, but I suppose they came by Accident now, for I know of no Invitation. I never saw them before that Night. They went up one Pair of Stairs into the Room where she lay-in. She was a-bed and asleep. I desired them not to disturb her, and told them that Ann Davis (who lodged at Mrs. Gray's next Door) was married that Day, and the Company were gone to the George Alehouse . I suppose they were acquainted with her. So they went away directly, telling me that they'd go and sit at the Ale-house a little till my Mistress waked. About an Hour afterwards I was going to Market to get a Leg of Mutton for the Wedding-Supper , and call'd in at the George to know what Victuals they would have for the Wedding-Supper. I saw the Prisoners both there. I went in again as I came back, which was in about half an Hour (for I went to Market as far as the Butcher-Row by Temple-Bar) and they were both there then too. Between 8 and 9 I went again to tell them that Supper was ready. I asked what a Clock it was, to know if the Meat was done; and they told me it wanted a Quarter of 9. The 2 Prisoners, and the new-married Couple, and 2 or 3 more came over and supp'd at my Mistress's. They staid till within a Quarter of 11. I was there, and they were in the Room all the time. As I lighted them down, the Watch said, Take Care of your Lights! and I asked him what was a Clock? and he said, a quarter before 11.
Court. How far is this from Bolt-Court?
Collins. Bolt-Court is over-against Water Lane.
Court, to the Constable. At what time did you take the Prisoners in Drury-Lane?
Constable. At near a quarter past 11.
Prudence Grey . I was at Ann Davis 's Wedding; but she went by the Name of Goare, She was married last Wednesday; we came from the Fleet in a Coach to Mr. Waters's (the George Alehouse in Water-Lane) between 3 and 4 in the Afternoon, and as soon as we got out of the Coach the 2 Prisoners came in and staid then with us till between 9 and 10, and then they went to Supper at Mrs. Hill's, and I followed presently after; and as soon as we had supp'd I went back to the Ale-house, where I staid half an Hour, and then return'd to Mrs. Hill's, and found the Prisoners still there. We staid and saw the Bride and Bridegroom a-bed, and then we all came away, which was a quarter before 11.
William Mead . The Couple were married at the Hand and Pen in Fleet Lane, about One a clock in the Afternoon, last Wednesday I gave the Bride away. We came back to the George; the two Prisoners came in about 4, and said they came from Mrs. Hill's. We staid till between 8 and 9, and then went all together, 6 or 7 of us, to Mrs. Hill's to Supper. There were 9 or 10 of us in all. I staid till about 10, and then left 'em. The Prisoners were not once out of my CompanyAnn Davis was marry'd to one Wilson , a Cheesemonger, in White-Chapel . I am a Fruiterer .
Henry Sprat . I was invited to the Wedding. We came back to the George about 4, and the 2 Prisoners came in there about half a quarter of an Hour after us. We sat in a publick Room, and staid till about 9. when we were call'd to Supper to Mrs. Hill's , and there we staid till a Quarter before 11, and then the Prisoners ask'd which way I was going ? I told them towards Charing-Cross ; they went with me to Temple-Bar, where we went in to drink at a Fine-Alehouse, which is part of an old Tavern, call'd the Apolo Tavern , and we parted at half an Hour past 11. I knew nothing of the Prisoners before: Wilson (the Bridegroom) was a Taylor; but now he keeps a Cheesemonger's-Shop, in Petticoat-Lane .
Ann Wilson, alias Goare, alias Davis . I was marry'd last Wednesday at the Fleet , I don't know at what Sign it was, but we came to the George between 3 and 4. The two Prisoners came in soon after . I never saw them before, they staid till between 8 and 9, and then went to Supper at Mrs. Hill's , my Spouse invited them to Supper , he's now out of Town, or he would have been here. They were there all the Time till we went to Bed, which was half an Hour past 10.
John Edwards , Drawer at the Mourning-Bush . Last Tuesday between 1 and 2 in the Afternoon, Conway came to our House to change a Guinea, and ask'd, if 2 young Men were not come in? I told him, No ; he said, they'd come presently then; he went out at the back Door and met them, and they all 3 came in and went up Stairs together; they call'd for half a Pint of Wine , and Pen, Ink, and Paper ; they came down, and Conway paid the Reckoning, and went out at the back Door, and the 2 others went out at the fore Door. I don't know the 3d Person, for I did not see his Face, but he was in a sort of a white Coat .
Court. Look at the Prosecutor, is that the Man?
Edwards. I can't say that it is, I did not see his Face, he had a sort of a white Coat , but this young Man has a Greenish Livery.
Benjamin Hamileton . On Tuesday last, a little after one, I was going down St. Martin's, I saw the 2 Prisoners and another Man, who was in a Livery, near the end of St. Ann's-Lane, (near the Mourning-Bush) and the Man in the Livery sold Damn the and Damn my Lane, and then Hands and patted. I can't know the Stranger again if I saw I did not stay him a quarter of a Man No, I can't by that this Man I can't indeed, but if he washe had other sort of at Livery on at that time
Lucretia Fairy . I was invited to Tea at Mrs. Gray's (a Mantua-Masters Britain-Court, in Water-Lane. So from my Lodgings in came into the Court, I saw Mrs. Hills who said, My Mistress won't see Yes, says I, and so I went up, and saw the two Prisoners sat near Mrs. Hills Bed-side. Then I went to Mrs. Gray's and she invited me to the Alehouse. I went ther, the 2 Prisoners were there and that till half an Hour past 9, when the came and sa, the Martin was ready, but I did not go to Supper. The Prisoners did not stir out of the Room from the Bride and the rest of the Ladies all the time, no, not so much as to make Water; but call'd for a Looking-Glass, and made Water in the Publick Room .
Elizabeth Earl . I went up with Mrs. Fairy, to the Mrs. Hill, and the 2 Prisoners sat by her Bed-side, she had lain-in about a Fortnight, and Mrs. Hill ask'd us to drink a Dish of Tea, or some Candle ; we left the Prisoners there , and went to the Ale-house , whither they came soon after, and there they staid till the Nurse came to call us to Supper, and it was then nearer 10 than a Clock .
Nelson. I lodge in Quan's House ; he always kept good Hours, and was never from Home after 5 o'Clock at Night, except the Wedding-Night. The Jury acquitted them.
C - B - . I happen'd to be coming from London very much in Liquor, and I went into the View of Oxford, about 6 or 7 at Night, on the 17th of December - 'tis a Sign - the View of Oxford is a Sign in Chelsea-Road , Mr. Figg keeps the House. I had been drinking frequently, and I may say heartily, in the City of London, so that I was got a little too much by the Head; and coming into the View of Oxford, the Prisoner was setting by me, and ask'd me to give her half a Pint of Wine.
Prisoner. You say that you pick'd me up at the View of Oxford.
C - B - . No; I met her in the Park, and took her with me to the View of Oxford, and there I gave her half a Pint of Wine; and when she went out I felt for my Watch to see if it was Time for me to go home, but I could not find it. Mr. Figg went after her and fetch'd her in again, and I took the Watch out of her Stomach.
Henry Whitby . I am Drawer at the View of Oxford, Mr. C - B - and this Woman came in together about 7, I shewed them into a private ground Room; they called for half a Pint of Wine and two Cakes; after they had staid some time, I heard the Woman sumbling at the back Door, and before I came to her she was got out; I presently run to the Room where I had left them , to see if he was not gone too, without paying the Reckoning, but I found him there, and he said he had lost his Watch. My Master pursued her: I met him as he was bringing her back, and he told me she was got about 100 Yards towards Buckingham-House when he took her. She deny'd that she had the Watch.
Prisoner. I never deny'd that I had it, for it was given me as a Pledge for a Guinea.
Whitby . She did not pretend then that it was given her, but when he brought her into the Room to search her, I observ'd that she kept down her right Arm, and examining under that Armpit, I felt the Watch, and said, Here it is! But, says she, if you take it, I'll swear a Robbery against you. Then the Prosecutor took it out of her Bosom.
Prisoner. I had been but three Weeks in London, and was in St. James's-Park when the Prosecutor came up, and ask'd if I was a Quaker? No, Sir, says I. Why do you look so discontented? says he; Are you in Service? No, Sir, I said again, but a Woman in Westminster has promis'd to get me into one. Why, Child, says he, I am a Gentleman's Butler, and can provide you with a Place if you will go along with me. The Gentleman being a Stranger I refused to go with him for a good while; but at last, being willing to get into Business, I was over-persuaded, and he brought me to the View of Oxford, which I have since heard is a very ill House: There he began to be very rude, and offer'd to put his - I am ashamed to speak it - his Hands up my Petticoats. - I gave him! to understand, that if he did not behave himself civilly, and like a Gentleman, I would leave the Room. Whereof he said, he had not much Money about him, but if I would oblige him so and so, he would leave his Watch in my Hands till he help'd me to a Guinea. I was in a great Straight what to do; I was out of Service, and had no Money, nor any Acquaintance in Town, but Mr. Oakes and his Wife in Swallow-street, and so at last, when he had given me his Watch for a Pledge, I did let him have his Will to the full; and after he had fulfill'd his Desire, he asked me several odious, filthy Questions, which my Modesty will not let me repeat. Then I desir'd him to take his Watch, and let me have the Guinea that he promis'd me; but he said, he had but a Shilling in his Pocket, and half of it must pay for the Wine, and a Groat for Cakes, and he would give me the rest. I told him Two-pence was very short of a Guinea. He said, if I would goThomas Adams , the Constable, and hurry'd me before Justice Robinson.
C - B - . She says that I had to do with her, but upon my Honour I had no Design whatever upon her.
Court. Do you use to pick up Women, and carry them into a private Room without any Design?
C - B - . I had no Design, upon Honour , for I have a Wife of my own, who is here in Court. And the Prisoner and I were in a publick Room.
Court. The Drawer swears it was a private Room. Was any Body in the Room besides yourself and the Prisoner?
C - B - . No; but upon my Honour it was a publick Room. I don't know what other People may call publick; but I think any Room must needs be publick, if it is in a Publick-House . I took the Watch from her myself, but I was very much suddled , and cannot tell whether I took it out of her Bosom or from under her Arm. The Jury acquitted her.
41. Mary Skettlebank , of St. Bride's , was indicted for assaulting Gerrard Russel , in Hanging-Sword-Court , near the Highway, putting him in Fear, and taking from him a Silver-Watch, with a Leather-Chain, a Silver and a Brass-Seal, Value 54 s. the 24th of December last.
Gerrard Russel. Between 10 and 12 at Night, on Christmas-Eve, I had Occasion to go to - do - my Occasions. I had a pair of Breeches under my Arm besides those on my - those that I wore. And as I was couching down (in Hanging-Sword-Alley in Fleet-street) the Prisoner came up to me, and very immodestly put her Hand betwixt my Legs. The first thing that she laid hold on was my - my Watch-String, and she held it so fast, and Jugg'd it so hard, that tho' I catch'd hold of it myself to save it, I thought in my Conscience she would have pull'd it off - and so indeed she did at last [for what could a Man do with such a Woman when his Breeches were down? She got my Watch out, but the Hook of it hitch'd in my Fob. Damn you, says she, I never had such a Tustle for a Watch in my Life; and with that she gave me a punch, and push'd me clever backwards, and then the Swivel broke , and away she run a-cross the Way. I got up, but had not Presence of Mind to cry Stop Thief; and so she made off with my Watch, and I afterward , found the String in the Alley. She was three Minutes a struggling with me.
Prisoner. How many Women did you charge with this Robbery before you charged me?
Russel. Nell Walker being of the same Size and having the same Voice, I charged the Constable with her; but said she, it was not I, but Moll Skettlebank that took it, for I was but two Yards off when it was done, and as soon as I saw Moll , I knew her to be the Woman.
Court. Did you see the Prisoner's Face when you lost your Watch?
Russel . No; but I know her by her Voice and Bulk.
Russel I am sure that the Prisoner is the Woman.
Eleanor Walker . I lodge at Mary James's in Hanging-Sword Court. After he had charg'd Betty Gordon , he came to my Lodgings, and seeing my Landlady, who is a very fat Woman, and has not been out of Doors these three Weeks. You Son of a Whore, says my Landlord, do you charge my Wife, who has had an Ague and Fever these three Weeks? my Landlord called me down, I found the Prosecutor there, and Mr. Foquet the Constable ; says Mr. Foquet, is this the Woman? Yes, says the Prosecutor, and with that I was frighted, and told them, that I passed to and fro in the Alley, I saw Mol l Skettlebank there in a Squabble ; then I went with them to the Crown next Door but one to us .
Nell Walker , By God, says Nell, I'll never swear for another, it was Moll Sketttlebank that took the Watch, and then ran over the Way to me. We went to Suttle-streets, her Husband Durrel said, he would enquire after it, but his Wife had moved her Lodgings. We could not find her all that Week; but at last I met her Girls who runs at these Backey-houses, and threatened to send her to Roosewell; for Fear of which, she told me, where to find the Prisoner. The Prosecutor first me with Mary James , and then with Nell Walker he said, she was such Woman as Mary James . The Jury acquitted her.
42. Peter Noakes , of St. Martin's in the Field , was indicted for the Murder of William Turner . Gent , by discharging a Pistol loaden with Powder and Bullets, against the right Part of his Head, near the right Ear, and thereby giving him one mortal Wound of the breath of 1 Inch, and depth of 8 Inches, of which he instantly dy'd , on the 7th of this Instant January . He was a second time indicted on the Coroner's inquisition for the said Murder.
Robert Nichols . I am Apprentice to Mr. Bently at the King's-Arms Tavern at Charing-Cross ; I don't know at what Hour the Deceas'd and the Prisoner came in, for I was busy in the Cellar, but I came up about 11 in the Morning. The Bell rung, and I went into the Room where the Deceas'd and the Prisoner were: When I came in, the Prisoner was standing by the Fire-side , and the Deceas'd was walking about. The Prisoner had me send to the Gunsmith for a pair of Pocket-Pistols with Powder and Bail . I went to the Bar, where John Simmons (my Fellow-Servant ) was waiting for some Bread and Cheese , which the Deceas'd had called for. I sent him to the Gunsmith's , and carried in the Bread and Cheese myself , and leaving it there , I went and dress'd myself : When I was dress'd I went in again and stirred up the Fire . The Prisoner said to the Deceas'd, Turner, Why don't you send for your Sword? the Deceas'd answer'd, You know the Reason why ; 'tis because I have got no Money. And the Prisoner reply'd , Damn your Blood, you know that I have Money enough. The Deceas'd rung the Bell, and called for Pen, Ink, and Paper, which was brought, and I went out. I did not see the Pistols brought, but between 12 and 1, as I was standing at the Street-Door (which is a Pannel distant from the Door of the Room where the Deceas'd and the Prisoner were) I heard a Pistol go off, at which I was startded, and flew from the Door to the Kennel, and presently be thought myself of the Pistols that were sent for about an Hour and a half before.
Council. Before the Pistol went off, did you hear any Noise in the Room like struggling?
Nichols. I heard a Noise in the Room just before like walking about, but not like struggling. Immediately after the Pistol went off, the Prisoner came out of the Room, and pulled the Door to, twice, to shut it; He look'd as white and as pale as Death, and came hastily out at the Street-Door .
Council. Did any Body stand in his Way?
Nichols. There was an Oyster-girl putting up her Oysters at the Door; he pushed her aside, but did not push her down, and then made his Way up Church-Court .
Council. Did he run?
Nichols . No; he stagger'd, and seem'd to be so frighted that he could not run. My Master presently came to the Door, and asked which Way he went? I told him, and he order'd the Potter to pursue. My Master and the Porter run up the Court, but return'd and said, they could not see him.
Council . Do you know why they called for Pen and Ink?
Nichols . The Porter told me it was to send for a Sword.
Council. Who did you see in the Room when you first went in?
Nichols . No Body but the Prisoner and the Deceas'd; but the other Drawer told me there had been a Woman with them before I came.
Council. Did you go into the Room soon after the Pistol went off?
Nichols. Yes; in less than a Minute : The Deceas'd was sitting on the Ground betwixt two Chairs, with his Back against the Window; his right Hand was near his Knee , and
Prisoner. The first Time you went into the Room, did you not observe Mr. Turner, the Deceas'd, walking in a melancholly-mad Posture?
Nichols. When I first went in, he was walking gravely, and the second time he was singing.
Prisoner. Did not I come out of the Room before you got off of the Steps at the Door?
Nichols. I was by the Kennel-side when I first saw you come out, and pull the Door to, twice.
William Bently , Master of the King's-Arms Tavern . I did not see the Prisoner come into my House, but about 11 o'Clock I saw him come out of the Room and hand Mrs. Falkingham into a Coach, and then return into the Room. I was not in the Room all the Time, till the Deceas'd was Dead. My Drawer told me, that two Gentlemen had order'd a pair of Pistols, and then, and not before, I knew that there were two in the Room. I was in the Kitchen when the Pistol went off, and my Cook said, I'll be hang'd if they have not shot one another. My Cook ran immediately and open'd the Door; I followed and looked in, and seeing the Deceas'd lying on the Ground, I flew after the Prisoner; I run up Church-Court with all Expedition, but could not get Sight of him; when I return'd I found the Deceas'd sitting on the Ground, his Head leaning to the left Side, which was towards that Side of the Room where the Door was, and the Blood was streaming from the Wound.
Council. When the Prisoner handed Mrs. Falkingham into the Coach, did you see any Sword that she had with her?
Mr. Bently . No.
Council. Had the Deceas'd any Sword on after he was shot?
Mr. Bently . I saw none; and I don't know of any Alteration that was made in the Room from the Time he was shot to the Time I returned from pursuing the Prisoner, which was but very short; and when I came back I lock'd up that Door, leaving every thing in the same Condition as I found it.
Prisoner. Was the Deceas'd's Back close to the Wainscot?
Mr. Bently. Yes; quite close
Prisoner. Was his Back to the Window or his Face?
Mr. Bently. His Back .
Prisoner. If his Face had been towards the Window when he received the Wound could he have turned himself about after wards?
Mr. Bently. No.
Prisoner. Did Mrs. Falkingham or the Deceas'd send for me?
Mr. Bently. I know nothing of that but what my Servants told me.
John Simmonds , Servant to Mr. Bently. On Friday Morning , the 7th of this Month, the Deceas'd, and Mrs. Falkingham came in a Coach to my Master's. I shew'd them into a Fore-Room. The Prisoner came an Hour afterwards, and went to them; I carried them in a Pint of White Wine, the Deceas'd call'd for Bread and Cheese, and the Prisoner said, Don't bring a Knife with it. Before I could carry it in they rung again, and Robert Nichols (my Fellow 'Prentice) went in, and coming out again, order'd me to go to a Gunsmith's, and bid him bring a Brace of small Pistols, with Powder and Ball. I left the Bread and Cheese for Nichols to carry in, and went to speak for the Pistols. The Gunsmith's young Man came with a Pair, and carry'd them in; but I don't know how long he staid, for I did not see him come out again. The Bell was rung again, I went in, and the Deceas'd bid me go and see why the Gunsmith did not make haste with the other Pistols; I went, and met his Man coming down Lancaster-Court with a larger Pair, which he carry'd into the Room . This is one of them.
Mr. Bently. And it is the Same that I took from the Side of the Deceas'd; here is still some Hair of the Perriwig sticking to the Muzzle, between the Stock and the Barrel; and this is the Wig that the Deceas'd then wore, the Hair is a little sindged on the Right-side.
Prisoner to Simmonds. Did the Deceas'd order you to bring a Knife with the Bread and Cheese?
Prisoner. Is it not usual to bring a Knife without Orders?
Jane Thrasher . I am 'Prentice with Mrs. Goldfinch, a Child's Coat and Mantua-Maker , in Johnson's Court, in Fleet-Street. Mrs. Falkingham lodges at our House. On Thursday the 6th of this Month, about 2 in the Afternoon, Mr. Hiller and the Deceas'd came to Mrs. Falkingham's ; they went away again, and return'd in about half an Hour. The Deceas'd came about 5; between 5 and 6 Mr. Hiller and he quarrel'd prodigiously, they had very high Words, and talked of going to fight the next Day. The Prisoner desir'd them to be Friends, and not talk of Fighting. With much ado he persuaded them to agree, and they appear'd to be pretty well reconcil'd about Six, and sent for a Bottle of Wine, and drank to one another, and all was like to be well. I went into the Parlour, and soon after Mr. Hiller came down, and went away. It was not long before I heard a fresh Noise above; I went up and found them all 3 standing, the Prisoner, the Deceas'd, and Mrs. Falkingham. The Prisoner said, Sir, (or Damn you, Sir, I don't know which) bring Sword and Pistol; and the Deceas'd answer'd, I'll come ready arm'd. With that I came down, and they all 3 soon follow'd, and the 2 Men went into the Court, and began to quarrel and make a Noise. The Deceas'd was standing near the Door, and the Prisoner walking at a Distance. I desir'd them, if they had any thing to say, that they would come in, and not speak so loud to make a Disturbance in the Neighbourhood. The Deceas'd would not come in, but the Prisoner did, tho' he presently went out again, and then they went together down the Court, and thro' the Arch that leads to Gough's-Square. Neither of them had Sword or Pistol. Mrs. Falkingham said, they were going to fight, and sent me after them to bring them back. I took hold of the Prisoner's Arm, and desir'd him to return, but he forc'd himself from me, and went forward. The Deceas'd follow'd, and in going I heard him Name the Word Whore ; but who he meant I don't know. Between 8 and 9 I went down into the Kitchin, and found the Deceased walking about in great Disorder , and beating his Breast in a violent Passion . I asked him what was the Matter? He struck his Hand very hard upon his Breast , and said, You cannot tell; but it lies here - Damn her! she has done her worst , for she has set two Men to kill me. He named no Names, but I thought by the Word her, he might mean Mrs. Falkingham .
Council. It seems the Deceased was there late and early, did he lodge at Mrs. Falkingham's ?
Thrasher. No; Mrs. Falkingham is a married Woman, and has lodged at our House 3 quarters of a Year. Mr. Hiller used to come to see her sometimes, but he has not been so long acquainted with her as the other two. The Prisoner used to come oftner than Mr. Hiller, but the Deceased frequented the House more than both of 'em. Mrs. Falkingham hearing what a Passion the Deceased was in, came down. He made a great Noise at her, so that she said she would go out, that she might prevent a Disturbance in the Neighbourhood. He begg'd her to stay, because, he said, Mr. Noakes (the Prisoner) was coming. She told him she'd stay for no Noakes, but go directly. His Sword lay in the Kitchin; she bid me take care of it, and lay it in her Room; and if Mr. Noakes came, to tell him they were gone to the King's-Arms in the Strand. The Prisoner came about an Hour after, and asked-if Mrs. Falkingham was within? I told him, No; she was gone with Mr. Turner (the Deceased) to the King's-Arms Tavern. He said, Very well: And seemed dubious whether he should go to them or not, and did not appear to be resolved when he went away.
Council. Had the Prisoner a Sword on then?
Thrasher. I am not certain; but about 11, or later, a Porter brought this Letter to me.
Clerk reads. 'To Mrs. Thrasher, at Mrs. 'Goldfinches , in Johnson's Court, Fleetstreet .
Council. Did you let the Prisoner know that you had carried the Deceased's Sword into Mrs. Falkingham's Chamber.
Prisoner. Was there not a Quarrel between Mr. Hiller and the Deceased, on the Wednesday before the Accident?
Thrasher. Yes, a great one, and they fought in Hyde-Park. It begun on Sunday Night. Mr. Turner (the Deceased) dined with Mrs. Falkingham, and after Dinner they went out, and return'd with Mr. Hiller, and they were all free and good-humour'd. The Deceased and Mrs. Falkingham order'd me to deny her to the Prisoner, if he came; and so I did. He went from the Door, but turning back presently, said, How could you deny Mrs. Falkingbam ? Says I, She is not within. Who's above in the Dining-Room? says he. Why there's Mr. Turner, says I. And with that the Prisoner went up, and found Mr. Turner and Mr. Hiller, but Mrs. Falkingham was retir'd, because the Prisoner should not see her. The Prisoner and the Deceased were good Friends; they ask'd one another how they did? and the Prisoner sat down. Mrs. Falkingham desir'd me to tell Mr. Hiller to go away, and come again in a little time, that so she might get rid of the Prisoner, who she thought would not stay when Mr. Hiller was gone. I took an Opportunity of letting him know her Mind. He went away; and both the Prisoner and the Deceased followed. Mr. Hiller return'd before Supper, and while he was there the Deceased came up, and flew into a violent Passion; Now, says he, I am a happy Man! I have met my best Friend, Mr. Noakes! (the Prisoner) He's the best Friend I have in the World! for now I have found her out! Then he desired Mr. Hiller to go with him to White's Coffee-house in Chancery Lane. Mrs. Falkingham said that he should not go, and the Deceased said that he should; For, says he, I have given Mr. Noakes my Honour upon it that you was not at Home to day when you was deny'd to him, and I have engaged, on Forfeiture of a Crown (which I have left in his Hands) that I will bring Mr. Hiller to vouch it; and therefore he shall go with me. Well, says Mrs. Falkingham, if you will force Mr. Hiller to go with you, I will go too, and let Mr. Noakes know that I was at home when I was deny'd. This put the Deceased in a violent Passion again; he swore and rav'd, and called her all the ill Words, and abused her at a strange Rate indeed. And he jangled a little with Mr. Hiller; for, says Mrs. Falkingham , you should not make this Noise, if Mr. Falkingham was at home. No, says the Deceased, and if he was, that snotty-nosed Fellow (pointing to Mr. Hiller) should not sit there, neither.
Council. Where was Mr. Falkingham then?
Thrasher. In the Country, for his Health. The Deceased was still very uneasy; he swore and made a Noise, and beat himself several Blows on the Breast, and was very angry. And he still insisted on Mr. Hiller's going with him. Mr. Hiller was willing, but Mrs. Falkingham would not let him. At last, a Coach was called, and she went with 'em; and none of 'em came home that Night. On Wednesday Evening, between 4 and 5, Mr. Hiller came to drink Tea; and in about half an hour the Deceased came, and another Man with him. While the Gentleman was talking to me, the Deceased went up Stairs. I heard a Noise, and followed. Mrs. Falkingham strove to shove him out of the Room; but he forced his Way in, and (going up to Mr. Hiller ) said, Damn you, Sir, you are the Man I wanted! Come down this Minute, or I'll lug you out by the Nose. Mr. Hiller was in some Confusion, and the Deceased swore he would have his Will of him; and he swore at Mrs. Falkingham too; but she would not let Mr. Hiller go out with him. The Deceased abused her, and said, I will stay then till he goes; and so sat down, but in the greatest Disorder imaginable, swearing and beating his Breast violently, till at last he had work'd Mr. Hiller up to a Passion , who then got up, and said, Pray, Sir, what Tavern
Prisoner. Did you never hear him threaten to kill himself?
Thrasher. One Sunday I heard him tell Mrs. Falkingham that he would go and hang himself. He went into another Room, and she bid me go and watch him; but I laugh'd and said he had more Wit than that came to.
Council. Did not the Deceased charge the Prisoner with being too great with Mrs. Falkingham ?
Thrasher. The Night before Mr. Turner was shot, I heard him reflect on Mrs. Falkingham for being too great with the Prisoner; but I never heard him speak to the Prisoner about it, nor never heard that they quarrelled on that account.
Council. Did you never hear that Mr. Falkingham left Mr. Turner as a Guardian over Mrs. Falkingham ?
Thrasher. I have heard her say that Mr. Turner said he was left as a sort of a Guardian over her by her Husband.
Richard Turner , Brother of the Deceased. A Day or two after Mr. Falkingham went out of Town, which, I think, was on the first of January , my Brother (the Deceased) among other Discourse said; Before Mr. Falkingham went, he desired his Wife to see no Man but me. My Brother lodged with me, and, about 9 the Night before he was murder'd, he call'd at the Door, and gave me his Pocket-Book, a Letter, and Haunthal's Overthrow , and bid me take care of 'em, and let no Body see them, and especially the Letter. I asked him, if he would come in? He said, No. I saw one with him, and asked, who it was? He said, Mr. Noakes. I did not know Mr. Noakes; and I never saw my Brother any more.
Eliz. Whiscard. The Deceased came Home on Monday Night, sate down by the Fire, pulled out a Letter, and stooped down to read it by the Fire-light. When he had read it, he said to his Mother, Can't I take up a Man that threatens my Life? Yes, sure, said his Mother. Why, says he, I am threatned to be shot through the Head. Let me know who it
Mary Wilkinson . I heard Words to the same Purpose. He read the Letter by the Fire, and, Madam, says he, can't I send any Body to Newgate, that threatens my Life? Yes , Child, says his Mother, let me know who it is, and I'll take care of him. Aye! says he, that would be very pretty indeed. But, can't I swear the Peace against him? Yes, to be sure , said she. Pray, Madam, says he, put your Hand in my Bosom, and feel my Heart. She smiled; but he, repeating his Request, she did so, and declared, she never felt any thing flutter so in her Life. He was so out of Order, that he did not go to the Office the next Day, but staid till the Day following. He was Clerk at the East-India-House . We don't know who the Letter came from: But on Thursday, about two a Clock, he was sent for (by Mr. Hiller , as it was said) and he went out gay and lively.
James Wilky , Surgeon. Between 3 and 4 in the Afternoon, after the Deceased was shot, I opened his Head; the Wound entred at the Right Ear, and past neither upward nor downward, but parallel. The Pistol was clapp'd so close to the Head, that no Powder appear'd on the outside, but it all pass'd into the middle of the Brain, and being confined, had split the Skull, and raised the upper-part of it, so that I had no need to make use of a Saw. If the Pistol had been held with a full extended Arm, it might have recoil'd. The two Bullets were lodged close to the Left Side of the Scull, but had not perforated it.
C. Was the Pistol put into the Ear?
Mr. Wilky. No, but a little higher than the natural Orifice of the Ear: The Bullets split the Flap of the Ear, went thro' the Temporal-Bone, and made but one Orifice in the Skull, and one continued Wound. These are the 2 Bullets; I found 'em thus close together, and one dented against the other. The Instant the Powder enter'd the Brain, the Deceased could have no Sense, or feeling of Pain. It was immediate Death.
John Sergeant , Surgeon. The Wound was just above the Meatus Anditorium. The Explosion of the Powder has raised the Skull. The Bullets inclined rather upwards than on a Level. They had broke the Cranium on the other Side, but had not gone thro' the Scalp.
C. Could a Man, in shooting himself hold a Pistol so that the Wound would not have gone more instant upwords?
Mr. Sergeant That would be according to the Position of his Head, whether he it upright, or leaned it aside.
John Spranger . I lodged White's Coffee-house, in Chancery-lane. The Deceased, and Mr. Hutton came to see me and brought the Prisoner with them. Then began to talk about Mrs. Falkingham. The Prisoner said to the Deceased, Pray was she at Home with I was there to ask for her? The Deceas'd seem'd unwilling to answer at first, but afterwards he gave the Prisoner his Honour the she was not. To which the Prisoner reply'd, If I should find that she was at Home, I hope that you will not refuse - and then mutter'd something which I could not hear. After this, I heard the Prisoner say, I would not value shooting any Man in the Head; and, if it was not for the Law, I would rob all the Company .
Prisoner. Was not that spoke in a merry Way only?
Spranger. We were upon a serious Subject - Religion. He spoke of Religion in a merry, ludicrous Way, but , I believe, he was very serious in it. He said, There was no such Thing as a God; and if there was a God, that he himself was Part of the Divine Being. The Deceased went away, and brought a Lady to the Door in a Coach. I would not let her come in, because the House is a civil House, and the Woman that keeps it, will not admit of such Company. The Prisoner hearing she was come, spoke to her in the Coach, and then took his Hat and went away.
Prisoner. Did you ever see me before?
Spranger. No; nor never desired to see you again, after I had heard your Discourse.
C. Did you hear him say any thing of shooting Men in the Head?
Hutton . No. On the Thursday following, about 9 at Night, the Deceased came, and a Man with him, to borrow my Sword (as my Maid told me, for I was not at Home) and the Maid lent it him. But this is my Sword, and I had it again from the Coroner: The dge is nick'd, asif it had clashed against another .
Hutton. He sent his Brother to borrow it on the Wednesday Night, but then it was brought back again; and the next Night (as I said) my Maid lent it him.
Richard Turner . On Wednesday Night, my Brother (the Deceased) sent a Porter to desire me to borrow a Sword. I borrowed it of Mr. Hutton, and went with it to the Tavern, and left it at the Bar, for the Drawer would not let me carry it in, because he said, the Gentlemen were quarrelling. I went in to them, and the Prisoner said, If they won't let us have 'em, we will send to a Sword-Cutlers for two; and you shall fight Hiller, and I will fight your Brother.
Susan Williams . I am Maid to Mrs. Goldfinch , at the uppermost House on the Left-hand in Johnson's Court. On Thursday the Prisoner, and the Deceased, and Mr. Hiller, were in Mrs. Falkingham's Room. I carried up the Tea. The Deceased and Mr. Hiller had high Words, but were afterwards pacified, and had a Bottle of Wine together. They went away between 9 and 10; and between 12 and 1, I heard a clashing of Swords in the Court, and, as I thought, the Voices of the Prisoner and the Deceased. I have often seen the Deceased behave himself much out of Order. And the Sunday Night before he quarrell'd with Mr. Hiller.
Tho Jones , a Porter . About Noon, the Deceased sent me from the King's-Arms Tavern, in the Strand, to Mrs. Thrasher for the Sword . I knock'd, the Maid came to the Door, and Mrs. Thrasher brought the Sword, and asked me, if the Gentleman had a Lady in Company? I did not answer it directly, for fear Mrs. Thrasher should be his Wife. I afterwards went to her again, to tell her that the Deceased was shot.
Prisoner. Did not Mrs. Falkingham send you for me to the Huminums ?
Jones. Yes; about 9 in the Morning I went, by her Directions, with a Letter for you, and asked, if you did not come about 4 in the Morning? The Waiter said, he'd go and see. I staid a quarter of an Hour, and he came and said, you was not there. I asked him, if he was sure of it? and he said, Yes. So I brought the Letter back again, and laid it on the Table. The Deceased took it up, open'd it, and look'd in it, and then threw it in the Fire.
Prisoner. How long had Mrs. Falkingham and the Deceased been at the King's-Arms, before I was sent for?
Jones. Hardly a quarter of an Hour.
The Prisoner's Defence.
Dorothy Falkingham . The Deceased dined with me on Sunday. After Dinner we went together, and called on Mr. Hiller, in Hatton-Garden, and from thence we all 3 went into the City, and returned in the Evening. The Deceased desired, that I might be denied to the Prisoner, and he bid the Maid tell him (if he came) that I was not at Home. He came before Supper. Mrs. Thrasher denied me; he went from the Door, and I coming down at the same Time, I suppose he heard my Voice, for he turned about, and asked Mrs. Thrasher, why she denied me? She insisted upon it. He asked her who was above? She said, Mr. Turner (the Deceased.) He came up, I retired. He staid half an Hour, and then he and the Deceased went together, to White's Coffee-house in Chancery-lane, but Mr. Hiller staid to Supper. The Deceased left Word that he would be back again in half an Hour. He did not stay long, and when he returned, he said to me, that he had told the Prisoner, upon his Honour, that I was gone into the City, and would not be at Home all Night. I said, I was surprized that he should give his Word and Honour upon any Thing that was so
About 10 the next Morning, Mr. Hiller called on me, and told me if ever I suffered Turner to come into my Lodgings again I should be very much to blame, and I ordered myself to be deny'd to him. There was no bearing his Company, he made such a Disturbance.
A Week before this, at Chelsea, he threatened to kill himself, and ask'd me to lend him a Penknife, he said he had ruin'd a Woman in Exeter-Street, and she had ruin'd him; he behav'd himself like a mad Man, and I don't believe he knew what he did.
On Wednesday, about Four, Mr. Hiller came to drink Tea with me, in half an Hour my Maid came up and told me, the Deceas'd was below. I lock'd the Door; he forced it open. I asked him what he wanted? and why he made such a Disturbance ? he turned to Mr. Hiller, and said, I have found the Villain I wanted; come out this Moment, or I'll pull you out by the Nose. G - d damn you, I have lost my own Peace , and I care for No-body's else. Mr. Hiller slipt down and left his Hat, the Deceas'd follow'd, and they went away together. I took Coach and call'd at several Taverns to enquire after them, but could not find them. They came back after 10, says Mr. Hiller. We have been to fight in Hyde-Park , my Foot slipp'd, and Turner taking the Advantage , made me promise to get his Pardon of you. Turner ask'd Leave to come and drink Tea with me at 4 next Day; I told him, if he behaved himself civilly he might. Next Day they both came to drink Tea; the Deceas'd asked me if we were Friends? I said, Yes . But, says he, I must fight Hiller again; I will have his Blood, or he shall have mine; for I am resolved not to live. Mr. Hiller was then present. The Prisoner came up about 5, I told him I was glad he was come to vindicate me, tho' I wonder'd he should take the Liberty of saying such Things of me to Mr. Turner .
Council. What Things?
Mrs. Falkingham . Mr. Hiller told me that Mr. Turner said, the Prisoner had told him, that he lay with me all Night.
Council. That who lay with you?
Mrs. Falkingham . That the Prisoner did, and then told Turner of it, and Turner told Hiller: Upon this Turner said that Hiller had bely'd him in saying so, and Hiller insisted upon it, that Turner did tell him. The Prisoner endeavoured to make them Friends, and at last prevailed with them so far, that Hiller begged Turner's Pardon, and owned that what he had said was false. They appeared to be pretty well pacified; but as Mr. Hiller was going away, Mr. Turner, the Deceas'd, said to him, I expect to see you to-Morrow , or I'll pull you by the Nose in the India-House. I found that the Deceas'd was not yet easy, and therefore I said to the Prisoner, Let us go to the Horn to Supper and avoid him. Upon this the Deceas'd began to swear and rave, and call me Bitch and Whore. We came down to the Door, and he and the Prisoner went into the Court Mrs. Thrasher desired them to come in, and not make a Noise there to disturb all the Neighbours. The Deceas'd says to the Prisoner, If you have any thing to say to me I'll answer you. The Prisoner replies, Sword and Pistol then. With
Prisoner . In what Manner did I speak when I said Sword and Pistol?
Mrs. Falkingham. You spoke it laughing, in a joaking Manner . Between 12 and 1, as I lay abed , I thought I heard them quarrelling under my Window, I got up and look'd out, and ask'd them what they meant by making that Disturbance to fright me? They both burst out a laughing and went away. Between 4 and 5 the same Morning they came again, and walked to and fro under my Window; I heard the Prisoner say to the Deceas'd, Turner, This is as bad as walking upon the Quarter-Deck at Sea, at which Turner laugh'd. I look'd out again, and said to them , Why do you disturb the Neighbourhood thus? I thought you bad bad more Sense, Mr. Noakes, tho' Turner has not. Upon this Mr. Noakes , the Prisoner, went away, and Turner sung and tanted , and by and by he fell on his Knees and ask'd me Forgiveness, and said he was the happiest Man living, and Mr. Noakes was his best Friend for reconciling us. I asked him why they came there to fight? he said 'twas only to frighten me, and then he went away. Between 7 and 8 he knock'd at my Door, the Maid let him in; I stepp'd down and ask'd him why he disturb'd me so early? says he, I have been rambling all Night, Mr. Noakes is my best Friend, and now I have no Body to make my Peace with but you. I am surprized , said I, that you behave yourself in this Manner: You have made such a Noise, and a such a Disturbance in the Court, that I must be forced to leave my Lodgings, my Landlady won't let me stay in the House any longer. G - d damn your Landlady, says he, she's an old Bitch; lend me a Knife, and I'll rip her up. I desir'd him to be easy till I was dress'd: I went and dress'd me, and bid the Maid call a Coach; he said he would not go yet, for his dear Friend Noakes was a coming. I told him he might stay if he would, but I would go; with that he threw down his Sword, and I bid the Maid take Care of it. We took Coach together, and drove to the King's-Arms, and were shown into the Fore-Room next the Street; we called for a Pint of Mountain and a French-Roll; says he, Are you sure you are Friends with me? I told him he had ruin'd me, and I must abandon my my Lodgings and go-but I knew not where. Then he cry'd and stamp'd, and pull'd a hot Poker out of the Fire, and run it against his Breast twice or thrice. I call'd the Drawer, and then he laid by the Poker and sat down. I told him I wanted to see Mr. Noakes, the Prisoner, before I went, and d esired him to tell me where he was; he said that he knew, and that Mr. Noakes was his best Friend, but that he would not tell me. I thinking he might go to the Bagnio after he went from my Window that Morning, I wrote a Letter and sent a Porter with it to the Hummums to see if he could find him; the Porter returned, but could not hear of him, and laying the Letter down, the Deceas'd took it up and read it, and then threw it in the Fire. In about half an Hour after, the Prisoner came, asked the Deceas'd how he did, and they shook Hands. Then the Prisoner ask'd me if I wanted him? I said Yes; I am going away, and thought it proper to see you before I went, that if any Reflections should be made on my Conduct, you may give me no worse Character than I deserve. The Deceas'd said, And will you go? Then I am a ruin'd Man; and burst out a crying - and you shall bear of it very soon. Mr. Noakes had on a mourning Sword; the Deceased snatch'd it suddenly from his Side, and run himself into the Breast with it; and had run himself through if we had not prevented him. He pull'd out his Shirt, it was bloody, and said, See - I have not done it effectually yet - but it's no Matter. Then he fell into a great Passion again, and sweated and swore, and behav'd himself like one distracted. Well, says I, 'tis no Time for me to stay; for since you are a mad Man I will be gone. Pray, says the Prisoner, take the Sword with you for Fear of Danger. I went from thence to Mr. Hiller in Hatton-Garden, and about 5 a Clock the same Day, I saw the Prisoner again.
Council. Did he take the Poker out himself? Mrs. F. Yes. Council. What sort of a Poker was it? Mrs. F. It was pretty thick, and about 3 quarters of a Yard long. Coun. How did he hold it? Mrs. F. By the middle.
Jame Freeman, the Gunsmith's Apprentice. The Drawer of the King's Arms came for a Pair of small Pistols with Powder and Bullets. I went with them into a Room where the Prisoner and the Deceased were. Each of 'em took one. The Deceased said that these were too small; that they wanted a Pair three times as long; and that an old Pair would do; for they only wanted to borrow them, for they were going to Windsor in a Chaise; and then he bid me fetch a larger Pair, and bring Powder and Bullets. I went back, and as I was returning, I met the Drawer coming to hasten me. I carry'd the Pistols in; each of the Gentlemen took one. The Deceased asked the Price, I told him a Guinea; for they were old Pistols. The Prisoner asked if they must leave the full Value; I told him Yes. The Deceased said, that then, one wou'd be sufficient, and gave me half a Guinea; and ask'd me if I brought Powder and Ball? I told him, Yes. He bid me charge it; and when I had put in the Powder, he bade me put in more. The Prisoner try'd with the Rammer, and said there was enough. Then I put in a Ball; the Deceased bid me put in another. The Prisoner said, Why so? Because (says the Deceased) when I do any thing, I
Council. How did the Deceased behave himself, did he appear to be any way disordered in his Senses?
Freeman. I did not see any uncommon Behaviour in him, and I thought he talked rationally.
William Penkethman . On Thursday Night, or rather Friday Morning, 'twixt 2 and 3; the Prisoner and Deceased, 'Rack Punch were drinking at the Rummer Tavern in Drury-Lane - for then I found 'em there, and sociable they seem'd, and drank and talk'd like Friends, till Watchmen cry'd Past 4 a Clock! The Reckoning was a Crown, Noakes paid it all. From thence we rambled to King's Coffee-house, in Covent-Garden. Ale and Orange there we drank, and still they cordial Friends appear'd - They told me that they had been serenading some Ladies, but they did not tell me who. And what (said they) is your Opinion, Sir, of such Diversion? I assured 'em that I was not fond of Catterwauling Frolicks. At 5 I left 'em, and return'd at 6, and found 'em still together very friendly. 'Twas after 7 when the Deceased arose, and asked the Prisoner if he would go with him? But he refused to go; then the Deceased bad him Good Morrow, and went out alone.
Council. Did the Deceased appear to be out of his Senses?
Mr. Penkethman . No, Sir, I did not take him to be mad, but rather thought he was a little silly. For he wou'd laugh at every thing that pass'd, at every Word was spoke, tho' nothing merry, nor fit to raise a Smile; the meerest Trifle imaginable wou'd set him on the twitter - When he was gone I importuned the Prisoner to cross the Water with me and two more who were in Company, to spend the Day in Merriment; (for I had then no Knowledge that I should at the Theatre be wanted) the Prisoner gave Consent, we all agreed, and down Southampton-Street we took our Way; a Servant to the Theatre by chance we met; his Business was at Tavern Doors and City Gates the Play-house Bills to fix. I view'd his Bills, and found, that very Night a Part appointed was for me to act, in Th' Amorous Widow, or the Wanton Wife; and by His Royal Highness's Command. Our Journey then was stopp'd, and so to the Rummer in Drury-Lane we all return'd, at 9, but did not tarry, for they had no Fire. We to the Play-house went, and breakfasted, and after 10 we parted.
Council. If you had not met that Man with the Play-house Bills, should you and the Prisoner have gone over the Water together?
Mr. Penkethman . Yes, we had so agreed; and I believe, had we not thus prevented been, we had spent the whole Day together.
Tho Hiller [Helar.] On Friday Morning Mrs. Falkingham came to me in a Coach. Madam, says I, where are you going? I don't know, says she, I have left Turner and Noakes together. I saw her have a mourning Sword, and was afraid the Deceased had sent it to me as a Challenge, and begg'd her to satisfy me whether it was so or not. She said, No; but she brought it away to prevent Mischief, for Turner was very obstreperous. Several People taking notice of my talking to her at the Coach Door, I stepp'd in, to prevent farther Observation, and bid the Coachman drive on towards the City. We stopp'd at the Fountain at Snow-Hill. There she told me that the Deceased had called on her before she was up, and had made such a Disturbance that she must be forced to leave her Lodgings. The Deceased was always in a great Passion when he saw me, but would give no Reason for it. He would stamp about, and use such violent Expressions -
Council. Did she tell you that Turner had attempted to kill himself?
Hiller. Yes, she said he had endeavoured it two or three times.
Hiller . I think not.
Council. Did she say any thing of a Poker?
Hiller. I heard her speak of the Poker, but I don't remember the Particulars.
Council. Did she tell you in what Place he was when he took the Poker.
Hiller . No.
Council. Did you ever hear the Deceased talk of killing himself?
Hiller. Yes, he has talked of it in my Hearing, and he has desired me to do it for him.
Council. On what Occasion did he talk thus?
Hiller. I don't know.
Council. How long have you known him?
Hiller . Two Years. He belong'd to the India-House, and so do I; but I never before knew him in such a Condition as he was in for a Fortnight past.
John Rice . I keep the East-India Coffee-house in Leaden-hall street. The Prisoner came in at about a Quarter past One; sate down in a publick Room next the Street, without drawing the Curtains, and wrote a Letter. He staid about 20 Minutes; then he went out, and, in a little Time, came in again, and went up Stairs, and staid about two Hours and a half. He went out with a Coachman that came to him.
John Holms . On Friday, in the Afternoon, the Prisoner came into our Coffee-house, and went up Stairs into the Billiard-Room, where he play'd at Billiards, and staid about 2 Hours, but I did not see him when he first came in.
Joseph Coltman . I had been at the India Coffee-house, with my Musick-Master, and going out between 1 and 2, I met the Prisoner. He seem'd surprized, and said, He had just seen the Death of a young Fellow. I asked him, how? He answer'd, he shot himself. Do I know him? says I. His Name is Turner, says he, and he belongs to the India-House . Says I, You will infallibly be taken up, and therefore I would advise you to go to your Father's. Was there any Difference betwixt ye? No, says he. What was it about, then? said I. A Woman, says he, and I saw him falling as I came out of the Room, and I hardly know how I got hither. I came down Stairs with the Prisoner, between 2 and 3, and saw a Coachman give him a Mourning Sword. The Prisoner told me, there was a Woman in the Coach, and so he went away. I have known him three Years, he was a good-natur'd, quiet Man.
- Hartop , Esq; The Prisoner is my Cousin, I have known him from his Youth, he was never quarrelsome, but always ready to make up Quarrels
Mr. Hays. I have known him from a Child. I never knew him in a Quarrel; he was very good-natur'd.
Mr. Barus. I have known him several Years to be a quiet, peaceable Man.
Dr. Bamber. I have known him from his Birth, to be peaceable and good-natur'd.
Mr. Booth. I have known him 16 Years, to be a good-natur'd, familiar, pleasant, merry, jocose Man.
Mr. Daniel. I have been very intimate with him, and often in his Company for 3 Years past. He was very civil and good-natur'd, and never given to use ill Words.
Council. Where's Mr. Wilky the Surgeon? - Sir, when you examin'd the Deceased, did you observe any Blood on his Shirt, or any Wound in his Breast?
Mr. Wilky. I examin'd no farther than his Head; but the Blood that came from the Wound had cover'd the Breast of his Shirt.
John Parker . I saw the Body cleaned; I don't remember any Wound in the Breast: But I took no Observation, as not thinking of any such Thing. And the Waistcoat has since been scoured, so that one can't see whether it was finged on the Breast; for the Scouring has fetch'd off the Nap.
Judith Cole and Susan Payne , were indicted for privately stealing 15 s. 6d. the money of Geo. Stevens , Jan. 13 . But it not appearing that the Money was taken privily, without the Knowledge of the Prosecutor, the Jury acquitted them.
47. Mary Day was indicted for stealing a Silk Gown, val. 4 l. a Plad-Gown, val. 20 s. a Stuff-Gown, a Cloak, val. 20 s. a Pair of Stays, 2 Cambrick Heads, and several other Things, the Goods of Samuel Hull , in his House , May 30 . But it appearing that the Felony (so far as the Prisoner was concerned in it) was committed in Obedience to her Husband. The Jury acquitted her.
48. Mary Callicant was indicted for stealing (with Robert Nowland and Willam Trevor, who were capitally Convicted last Sessions) several Goods in the House of Harman Northook . But no Evidence appearing, the Jury acquitted her.
49. Mary Cooper was indicted for stealing 3 pewter Dishes, 3 Plates, and a brass Stew-pan, the Goods of Edward Winwood , and a pewter Dish and a Plate, the Goods of Thomas Archer , Nov. 8 . The Jury found her Guilty to the value of 10d.
50. Jacob Harbin , of St. Giles's without Cripplegate , was indicted for stealing six Ounces of Gold Thread, value 48 s. and 5 Ounces of Silver Thread, value 20 s. the Goods of Thomas Sharp , in the House of James Bird , June 24 . He was acquitted .
52. John Osborn and Edward Dell were indicted for stealing a Suit of Cloaths, value 3 l. and other Things, the Goods of Robert Watts , in his House , Nov. 16 . But no Evidence appearing ( William Newel who was to have been the principal Evidence, being executed since last Sessions .) Acquitted .
53. John Osborn and William Ford were indicted for privately stealing a Canister and 8 lb. of Tea, value 4 l. the Goods of Andrew Finnick , in his Shop , Oct. 21 . But no Evidence appearing, the Jury acquitted them.
55. Edward Craford , alias Crawford was indicted for stealing 12 l. of Leaden Pipe, value 18 d. the Goods of Sir Thomas Cross , Bart. it being fixed to a Court Yard belonging to his Dwelling-House , Dec. 8 . The Jury found him Guilty .
60. Mary Stackhouse was indicted for marrying Thomas Evans , while her former Husband Tho Churchill was living . There being no Evidence that the first Husband was living, nor any Witness to prove the second Marriage (except Thomas Evans) who (if he was her Husband) could not be an Evidence against his Wife). The Jury acquitted her.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death 2.
Tho Middleton , William Moss , Robert Peck , Sarah Sheppard , Eliz. Baker , Robert Edwards , John Platt , Eliz Turner , John Lloyd , Margaret Wilcox , Robert Lythe , Sam Luelling , Hester Thatcher , Sarah Hodges , Edward Evans , Mary Cooper , Ann Hutton , Edward Craford , Jane Barnes , and Mary Salmon .
THE Proceedings at the Sessions of the Peace, and Oyer and Terminer for the City of London, and County of Middlesex, (being the first Sessions held in the Mayoralty of Francis Child , Esq;) containing , The Remarkable Tryals of s Street-Robbers , and three House-breakers, all Executed) of Duvries the Jew, for forging so an Acceptance to a Bill of Exchange s 40 l. on Peter Victorin ; of Cherry, for the Murder of Peter Longworh , in the Artillary-Ground; of Fracis Hitchcook, a Hackney-Coachman, for the Murder of Daniel Hickson ; of Paterson and Darvan for stealing his Majesty's Linnen Waistcoats, &c. of lis the Turnkey of the Gatehouse, for a Rape ; and of Mr. Miller, for having two Wives; wherein is shewn the true State of Fleet Marriages . Printed for J Roberts , in Warwick-lane. Price Six-pence.
This Day was Publish'd,
For the Use of Families, beautifully Printed in Two Volumes, 8 adorn'd with 34 Plates, Engraven by Mr. Sturt,
DUPIN's Evangelical History: Or, The Records of the Son of God, and their Vy demonstrated , in the Life and Acts of our lossed Lord and Saviour Jesus Christ, and te Holy Apostles . Wherein, 1. The Life of the Blessed Jesus is related in all its Circumstances according to the Order of Time, in a patherick and practical Method, thereby composing a perfect Harmony of the Gospels. 2. Proofs from his Sermons and Discourses of these Essential and Important Truths, which all Christians are obliged to know and practice , in order to their Eternal Salvation . 3. His Parables, Miracles, and Sufferings, set in a just Light, and defended from all the Oppositions of Wicked and Designing Men. 4. An Application of the Whole to the respective Uses of Christians, with regular Devotious conformable to the several Periods of the Holy History; and Directions how we may read the Life of Jesus Christ to Advantage.
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At the same 1 lace may be had,
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