Wednesday the 19th, Thursday the 20th, Friday the 21st, and Saturday the 22d of April 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 Justice Raymond ; the Honourable Mr. Justice Penton ; the Honourable Mr. Baron Carter ; Mr. Serjeant Crlin, 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.
Elizabeth Bristow . There's a House of Office in a public Yard where I live and Night my Husband went thither to do his Occasions, and't please you my Lord, and as he was sitting on one Hole, he found somebody was upon t'other, whereof he omes running to me, and tells me the Story. Now you must know, my Lord, that I was robb'd last Monday was a Fortnight, and so thinks I this may be one of the Rogues, and with that I took a Candle to see how it was, but as I went cross the Yard, the Wind blew (my Candle out; however, I went on, and Tugg'd the Boy (the Prisoner) out of the and found he had got a couple of Cheeses. I ask'd him how he came by them? and he asked me What Business that was of mine, and presently up steps a little whissling Creature, and says, Damn your Eyes, you Bitch, what's that to you where he got them, they are none of yours. Upon that I made my Husband fetch a Constable, and so we secur'd the Prisoner, but the other Boy got away; and then says the Prisoner it was that Boy that stole the Cheeses from a Shop in Middle-Row, and I was only going to sell them to Mr. Winniat the Brandy-man, and was to have half the Money for my Pains. The Jury acquitted him.
2. Catherine Young , of St. Martins in the Fields , was indicted for stealing 2 Silver Spoons, value 15 s. two Silver Corals, value 15 s. and a Gold Ring, value 5 s. the Goods of Jacob Banbrear , March 27 .
The Prisoner came into the Prosecutor's Service on the 1st of March, and left it on the 31st. In two Days after she was gone, the Goods were miss'd. She was suspected, apprehended, and charged with the Fact. She confess'd she took the Goods, and pawn'd two Spoons, one Coral, and the Ring to Mary Taylor, and the other Coral to Joseph Hubbard . The Goods were found accordingly, and the Jury found her Guilty to the Value of 10 d.
3. John Hughes , of St. Mary le Strand , was indicted for stealing a Silver Spoon, val. 12 s. the goods of William Chesterman , the 1st of this Instant April . He was a second time indicted for stealing a Silver Spoon, value 10 s. the Goods of Francis Saul , the 26th of March last. The Jury found him Guilty of both Indictments to the Value of 10 d. each .
Thomas Wiseman. On Friday Night the last Day of March, I had been by my Master's Orders to carry a Bottle of Drops to Mr. Read in Burr-street, and about Ten o'Clock as I was returning homeward, at the top of Virginia-street I saw the Men leaning over the Rail of a Ditch. It was a Moon-light Night, the Moon was at full, and very little clouded, so
Prisoner. Did not I ask you before the Justice if it was I that bid you stand? and you said No.
Wiseman. I remember no such Question.
Prisoner. Did not I ask you if I took your Hat and Wig? and you said No.
Wiseman. I don't say now that you took them, I say it was the other two Men, but you bid me stand.
William Minart , Exciseman. About Ten at Night as I was going on my Duty in Ratcliffe-Highway, about 40 Yards from Virginia-street, I heard a cry of stop Thief, and saw 3 Men running different ways, and one of them who was the Prisoner coming towards me on the shady side of the way, I seiz'd him suddenly. He ask'd me what I meant by it? I told him, if he was not the Man, he might easily vindicate himself. The Prosecutor soon came up, very bloody, and charged him with the Robbery.
Justice Phillips. When the Prisoner was brought before me, he deny'd the Robbery stifly. I ask'd him what Business he had near Virginia-street? He said he had been to see one Will Fleming at the Hercules-Pillar's, which lies anquitt contrary way, and had been shut up this Twelve month. Somebody that stood by me, said, that the Prisoner was the Man who was made an Evidence last Sessions, and gave the Parsons the Name of Smallcoal men*. This Instrument was found in his Pocket, one part of it is a Saw that will cut an Iron-bar, another is a Sharp Knife, and a third a Tool that they call a Mobock. He was so impudent, that when I order'd his Hat to be taken off, he threatned to swear a Robbery against me. The Prosecutor had two contused Wounds in his Head.
*See the Sessions Paper, Number 3. pag. 89.
Prisoner. That Instrument is for no use in the World, but to cut Cock-spurs with; 'tis a Cock-fighting Tool.
Prisoner. Was I in the same Dress as I am in now? Sturmy. No, you was in a Sailor's Dress, with a Check Shirt. Prisoner. These Men swear against me only for the sake of the Reward. Prosecutor. On the 14th of April I received this threatning Letter by the Penny-Post.
For Mr. Wiseman, at Mr. Thompson, a Surgun, over against Old Gravel lane, Rattlif High way.
Our Friend is now starving in Prison but when he gets out we shall take a noportuniti for revenge but if you ar favourable in your Evidense. You may save his life and then we shall le willin to forgive you but if he dyes the Decil fly away with us soul and body if we do not shoot you and for the Eksize man that stopt him we will steal his head of before he is much older which you may tell him but if you are favourable you will prevent any mischief from coming to you both.
By God this is the resolushon of.
Court. You cannot swear that this Letter was sent by the Prisoner? Prosecutor. No, I believe it came from his 2 Accomplices. Court. Then it cannot be allow'd in Evidence.
Prisoner. Did not you say before the Justice that you would Hang me if it cost a hundred Pounds, because you would have me for an Anatomy? Prosecutor. No. Justice Philips. I believe I can set that Matter to rights. When the Prisoner was before me, Mr. Harris did indeed say, that he would endeavour.
4. Thomas Beck , of Aldgate , was a 2d time indicted for assaulting John Davison on the Highway, putting him in fear, and taking from him a Silk Handkerchief, value 1s. and a Woollen Cap, value 8d. the 28th of March last.
John Davison . Between 10 and 11 at Night, as I was going home from my Work, the Prisoner came up to me in Rosemary-Lane , over against the Alms-Houses, and, Damn ye, says he, I have met you now, and I'll pay you heartily, for telling the Gentleman about the Hat, that Harry Whitesides was taken up for,* and so he knock'd me down with a short Stick, beat me, and kneeling upon my Breast, took my Handkerchief out of one Pocket, and my Cap out of the other, and thrust them both into his Bosom. It's very well, I know you Tom Beck, says I, and with that he sell upon me again, threw me down, fill'd my Mouth full of Mud, and stabb'd me with a Knife in the left Shoulder, and right Buttock; see here's the Wound in my Shoulder. I lost some Money too, but I will not take upon me to swear that he took it.
See the Trial of Whitesides below.
Prisoner. My Lord, this Fellow has a very scandalous Character, he will swear any thing for the sake of the reward. He has been a picking Pockets along with Peter Buck.
Court. You must not be suffer'd to vilify a Man's Character thus; 'tis easy for you to say such things of any other Man, but it will do you no Service, for whatever you say without proof, will pass for nothing. If you can bring any Witnesses to in validate his Evidence, the Court will hear them.
Prosecutor. 'Tis false; I never was in Buck's Company in my Life, so as to drink with him. It's well known that I work hard for an honest Livelihood, I am a Shoemaker by Trade, I have work'd these 4 Years at Thomas Corks , who keeps a Cellar under John Lamb (the Sadler's) in Holbourn, just beyond Hatton-Garden, and I lodge at John Smith 's, at the Cheshire-Cheese and Pump, in Rosemary-Lane.
Court. Where is he? Prisoner. In Newgate.
Prosecutor. It's the Man that I was a Witness against Yesterday, for stealing a Hat in Cheapside, of which he was Convicted. Court. He cannot then be an Evidence.
Prisoner. The Prosecutor is very great with Sarah Whittle , that bought the Parson's Scarf, and because I swore it upon her last Sessions, + he has bore me a Spight ever since. But one Day when she had quarrell'd with him, and given him a Black-Eye, he came to me in Newgate, and, Damn me, Tom Beck , says he, how d'ye think the Bitch Whittle has serv'd me? She has given me a Black-Eye, and Damn me, if I a'nt, sorry to see you here, and if a Smack will do you any good it's at your Service, (a Smack is an Oath) and so he gave me a Quartern of Gin, which he would hardly have done, if I had robb'd him, and abus'd him, as he swears now.
+ See the Sessions-Paper, Numb. 3. P. 92.
Court. Can you prove all this?
Prisoner. Yes; there's Burton who now lies in Newgate for a Fine, he can prove so far as the quartern of Gin.
Court. Let Burton be brought hither.
Prosecutor. So far from it, that when I went to see the Prisoner in Newgate, while I stood without the Grate, he fill'd his Shoe with Water, and threw it at me. [Enter Burton.]
Court. Here! Burton, Did you see the Prosecutor treat the Prisoner with any Gin?
- Burton. No; I saw them talking together thro' the Grate, and the Prisoner fill'd his Shoe with Water, and threw it at the Prosecutor.
Prisoner. I thought I had been in New-Prison on the 28th of March, when he says this Robbery was committed; but I have enquired, and found that I came out on the 26th of March, but I was then very sick, so as it is not likely that I could be guilty of this Fact.
5. Peter Robinson , of St. George's Hanover-Square , was indicted for assaulting Marriot Hudson , in an open Field near the Highway, putting him in fear, and taking from him 6 Pictures, value 51s. the Goods of Thomas Middleton , and a Coat, a Waistcoat, a pair of Shoes, and a pair of Buckles , the Goods of Marriot Hudson, the 13th of this Instant, April .
Marriot Hudson, a Boy . Last Thursday I was returning from Covent-Garden to my Master at Chelsea, with a Parcel of Pictures, an d came into Chelsea-Fields between 7, and 8 in the Evening. At the End of the first Fields, laid say Pictures down,Stephen Dunea came and ask'd me what was the Matter? I told them I had been robb'd. They went with me in pursuit of the 2 Men. We got fight of them in the Road, near Hide-Park Corner. The Prisoner had the Pictures on his Head, and the other had my Cloaths. They both threw down their Bundles, and running to a heap of great Stones, they there stopp'd, and pelted us with them; but more People coming up, they took to their Heels again: The Prisoner ran up Piccadilly, and was taken by a Chairman near Devonshire-House, and the other ran down Half-Moon-Street, and made his escape.
Prisoner. Did you see me take the Pictures off your Head?
Hudson. No, the other Man held me so fast by the Throat, that I could not turn my Head just at that time; but as soon as he loosed his hold, I saw you go from me with the Pictures under your Arm.
Joseph White . Going with Mr. Duneau from Buckingham House towards Chelsea, I heard the Boy a crying, 'and enquiring the Reason, he said he was robb'd by two Men, who were gone towards Hide-Park Corner. We follow'd, and got fight of them in the Road. The Prisoner had the Pictures on his Head, and the other some Cloaths. Each of them threw down his Parcel, and then threw great Stones at us; but they did not stand their Ground long. We cry'd out, stop Thief, and the Prisoner cry'd stop Thief too as he ran, but he was seiz'd by a Chairman in Piccadilly.
Prisoner. It was not I, but the other Man that had the Pictures.
Stephen Duncan . I vas valking vid from Buckingham Garden at de Pimlico, vare we had been at vark togader, and ven ve come into de Shelsea-Field, dare ve see dis Boy, vid noting in de Varld upon his Back but von Shart , and vid no Shoe upon his Foot, and he vas make a de run, and de very much cry; so, I say, Vat he de mater vid you Boy? Be you mad? Vy you run vidout von Shoe , and vou Coat, and make a dis cry? O, he say, dare vas 2 Rogue bust a new dat take avay mine Pictuer, and mine Coat, and mine Va coat, and boat mine Shoe, and den da run dat avay. So ve all tree make a de run after dem. Vite vas first, and den de Boy vas second, and I vas de turd Man. But ven I come to de Hide-Park Than, I vas out of bret, and coud run no I no see de Preeloner vid de Picteur.
Robert Cale . I saw the Boy running without Shoes or Coat, and heard him cry out, Here they are! Who? says I, The Men that robb'd me, says he. With that I follow'd, and the two Men stopp'd at a Heap of Stones, and threw some of them at us. Then one of them ran down Half-Moon-Street, and I and Thomas Chapman pursu'd him, but he out-ran us, and got off. When we return'd, we found the Prisoner was taken in Piccadilly. I saw Joseph White running before the Boy.
Thomas Chapman . I and Robert Cale were within a 100 Yards of Half-Moon-Street, at about half an Hour past 8, when White came running by, and the Boy after him. The Boy said, he had been robb'd by 2 Men, who ran before. I follow'd, the 2 Men stopp'd a while to throw Stones at us, and then ran forward again, and we again pursu'd them. One of them took down Half-Moon-Street, and I and Cale after him; but he ran too fast for us, and got over some Ditches towards May-Fair, and so escap'd. When we return'd, we found the Prisoner was taken.
William Glover , a Boy. I was shutting up my Father's shop when White came up in pursuit of the 2 Men, one of whom had Pictures in Frames on his Head, and the other had Cloaths. They threw down their Things near a Heap of Stones, and then threw Stones at those that follow'd, I went to lay hold on one of the Men, but he first threw the Shoes at me, and then the Cloaths, and so ran off.
John Jones , Chairman. As I was standing at the End of Stratton-Street, by Devonshire House, I heard a cry of stop Thief, and saw the Prisoner running, and I believe 40 after him. I laid hold on him first, and Thomas Smith next.
Thomas Smith . I heard a cry of stop Thief, and saw several pursuing the Prisoner, who cry'd, stop Thief too; Jones and I catch'd hold of him, and I ask'd him, why he cry'd stop Thief, and he said he was running after a Fellow that had robb'd a Man.
Robert Ward . I was in a Chandler's Shop when they cry'd stop Thief, and I was one of those that seiz'd him; after he was taken, the Man that came first took him.
Prisoner. I was a Field on this side of the Boy when he was robb'd, and the Man that did it met me afterwards, and went with me to Piccadilly, and there he was pursu'd, and threw down the Pictures, and ran down Half-Moon-Street, and so made his escape. The Jury found him Guilty . Death .
6. Ann Wentland Wife of Edward Wentland , and, 7 Mary Harvey , alias Mackeg , of St. Giles's in the Fields , were indicted for privately stealing 1 Bag, value 1 Penny, 8 Guineas, a Quarter Portugal Piece of Gold, value 18 s. and 19 s. in Money , from the Person of Henry Parker , March 17 .
Henry Parker. That same Ann Wentland pick'd me up in Holborn, and so as I wanted a Bit of -
Court. At what Time did she pick you up?
Parker. It was upon a Friday, the 17th Day of March, about half an Hour past 4 in the Afternoon; and so, as I was a saying, as I wanted a Bit of Victuals, I went along with her to Moll Harvey's House in St. Giles's . I think it was the Sign of the Cock; and there we drank Beer and Brandy, and eat some Fish. I staid till 6, and then call'd for the Reckoning, and when I Paid it, this Jade saw my Bag of Money. I had 10 Pounds 5 s. in it. And so I stood up to light my Pipe, and come away; and while I was lighting my Pipe, she whipt the Bag out of my Pocket, and ran to the Door. I called out to Harvey to stop her. Harvey went to the Door, and took the Bag from her, but the Jade got away, and Harvey came back to me, and said, Here, Countryman, here's your Bag: But when I look'd in it, there was nothing but Five-pence Halfpenny, and this naughty Piece of Money. [A Leaden Medal the Size of a Half-Crown.]
Court. Did you see Harvey take any thing out of the Bag?
Parker. No. I saw Wentland give the Bag to Harvey as she stood upon the Steps, and Harvey brought it directly to me.
Court. Are you certain as to the Time?
Parker. Yes: For I was in Smithfield with my Sheep at 3 o'Clock, and I thought to get to Uxbridge that Night. I am a Sales-man; I live at Ailsbury, and come to Smith-field Mondays and Fridays. I have returned Thousands of Pounds in Smithfield. I never was pick'd up by such Cattle in my Life. I am sure it happen'd a bad Accident Thing for me; for I work hard, and have a great Family.
Wentland. I never saw this Man in my Life, till he and 3 more Men with him, charged me with the Fact; and then he offer'd to make it up for 5 Guineas.
Parker. They Arrested me in a false Action for 30 l. to hinder my coming to Prosecute, as this Man knows.
William Collier . After Harvey was taken up, she sent for her Sister, el Eaton, who, in the Name of Arabella Gwyn , had the Prosecutor Arrested in an Action of 30 l. There stands the Man that Arrested him.
Harvey. Did you never say that you lost the Money at the Barley-Mow ? Did you never take up a Tub-woman for stealing it?
Archibald Paydon . Ann Wentland was at my House, the Black-Lion in Petticoat-Lane, from 11 o'Clock in the Morning till 3 in the Afternoon, on the 17th of March. I remember the Day of the Month, because it was St. Patrick's Day; and I gave away Salt-Fish and Potatoes to my Customers.
Court. She might be there, and yet be in Holbourn at half an Hour after Four.
Wentland. I never saw Harvey in my Life, till she came to me in Newgate.
Miles Cox , Coach-man. I was drinking at the George Ale-house in Holbourn, where the Prosecutor came in betwixt 6 and 7 in the Morning, and said he had lost his Money the Night before. I asked him, where? And he said, he could not tell, but he believed it was at the Barley-Mow. Mr. Burkitt and I went over the Way with him to the Unicorn Brew-House, and there he saw a Woman with a Pail of Beer in her Hand, and he said, he believed it was she that had got his Money. From thence he crossed the Way again to the Barley-Mow, near the End of Red Lion-Street, and asked, if he had not been there over Night? Yes, says the Man of the House, I believe you was, and that you came afterwards, and made a great Noise.
John Stockwell . Between 4 and 5 in the Morning, on the 16th, 17th, or 18th of March, I don't know which (but it was the Day after the Fact was said to be done) the Prosecutor came into my House fuddled, and said he had been robbed last Night of fifty Pounds. I asked him, where? He said, he could not tell, but believed it was in some House near Red-Lion-Street.
Richard Nevill , a Constable. On St. Patrick's Day there was a Quarrel at Harvey's House, and a Man had broke her Windows, for which she got a Warrant against him, and so I took him before Justice Gifford, and she went with me between 3 and 4 in the Afternoon. The Justice advised them to agree, and be Friends ; and so from thence she went to my House, and there she was not out of my Company till 9 at Night.
The Jury acquitted Harvey, and found Wentland Guilty . Death .
8. Dorothy Fosset , of St. Peter's Cornhill , was indicted for privately stealing a Silver Watch, value 3 l. 10 s. a Seal, value 2 s. and a Block-Tin Buckle, value 1 s. from the Person of Thomas Tay , April 8 .
Thomas Tay. On Saturday-Night I went to the Bull-Head Tavern in Grace-Church-Street, and came away about 2 on Sunday-Morning. I crossed the Way to Corbet-Court , where my Master lives, and knock'd at the Door, but the Family was all a-Bed. I thought of going back again, but fell down in the Court, for I was a little in for't. The Prisoner came to me, and took my Watch out of my Fob. I resisted what I could, and got up, but she threw me down again, and took a Buckle out of my Shoe, and then ran away. I lost 5 s. and 6 d. but I won't swear that she took that.
Court. Are you certain that she took the Watch out of your Pocket?
Matthias Gainsboroug . I keep a Barber's Shop in Corbet-Court, and my Servant having work'd hard on Easter-Eve, I gave him leave to go to the Tavern, but staying longer than I expected, I shut him out. Next Morning I heard that he had lost his Watch; and he giving some Description of the Prisoner's ragged Dress, she was taken up by a Watchman who knew her. She was carried before Alderman Brocas, where she begg'd for Mercy, and confest that she took the Watch out of my Servant's Pocket.
Prisoner. I went down Corbet-Court to make Water, and there I found the Watch upon the Ground.
The Jury found her guilty of the Indictment. Death .
John Saxon. On the 23d of July last, between 11 and 12 at Night, as I was going along Leaden-Hall-street , just by Creed-Church, a Woman steps up behind me, and whips her Arms round me; My Dear, says she, won't you be loving and kind? Ye Bitch you, says I, you're mistaken in your Man; I'm not for your Turn. I had hardly spoke, when another Woman took hold of me, and cry'd, Hip! when immediately the Prisoner came up, with a Stick in his Hand, and holding it over me, God damn your Blood, says he, if you offer to resist, or speak a Word, I'll knock you down. With that the 2d Woman began to rifle me, and took 2 Half-Guineas out of my Pocket.
Prisoner. O you wicked Man! how can you swear so falsly? I am above 60 Years of Age, and never did an ill Thing in my Life.
Saxon. I swear nothing but the Truth: He stood over me with a Stick all the while the Woman was searching my Pockets. At last I thought I might as well lose my Life as my Money, and seeing a little Light at a Distance, I called Watch! Watch! Upon which, the Prisoner and the 2 Women endeavour'd to make off, but the Watch coming up, they were all taken and carried to the Watch-house. I know not how it came about, but the Watchmen let him go. I happen'd to see him again next Day, by the Waterside: He presently took Boat, and I took another, but he got among the Ships, and so I lost Sight of him at that Time. About a Fortnight after, as I was drinking at an Alehouse, a Man came and told me that the Prisoner was at the Compter-Gate ; upon which I got a Constable, and seized him a second Time, and so he was committed to the Compter. But some how or other he found Means
Court. Will you ask this Witness any Questions?
Prisoner. I overtook my Wife and another Woman with the Prosecutor in Leadenball-street, and he ask'd her to do so and so - but I don't know what it was; they had been at the Pewter Pot together, but -
Court. You are not now to go upon your Defence, you shall have Opportunity for that when the other Witnesses against you have given their Evidence; but if you have any Questions to ask this Witness, you may now propose them.
Prisoner. Pray my Lord, ask him if I offer'd to strike him?
Saxon. Yes; you threatned to knock me down if I made any Resistance.
Prisoner. You are a wicked forsworn Wretch, I am 60 Years of Age.
Luke Foster , Beadle. A Fortnight ago, as I sat in the Warehouse, the Prosecutor and 2 Men came in between 10 and 11 at Night, and desir'd some Assistance to search for the Prisoner, who they had heard was some where in the Neighbourhood. I sent 2 Watchmen, and they went and brought him in. He staid in the Watch-house all Night, and next Morning he was carried before the Justice, and charged with the Robbery. He said, If Saxon swears this against me I shall be a dead Man; but I will make away with myself before I'll be hang'd.
Prisoner. I never said a Word clandestinely in the World; but I said, If he would be so wretched to swear my Life away, I could not help it; and they swear against me only for the Lucre of the Reward.
John Bishop . We took the Prisoner at his own House, behind the Bechive in Nightingale-lane. Mills knock'd at his Door, and told him a Gentleman wanted to speak with him at the Black-Horse in the Neighbourhood. When the Prisoner found what we came about, Now, says he, I am a dead Man, and God send that neither you nor your Families may ever prosper in the World.
Prisoner. O you vile Rogue! Sixty Years of Age!
Thomas Dixon . I was call'd out of Bed between 11 and 12 to assist in taking the Prisoner. When we met with him, Now, says he, you have transported my Wife, you are come to take away my Life too; for my Life lies in your Hands.
Prisoner. O you vile Rogue! O good God! above Sixty Years of Age! the Lord forgive you, 'tis all for the Reward and Lucre. My Lord, I'll tell you the whole Truth as I hope to be saved ; I had been at Chelsea, and coming home between 9 and 10 at Night, in Leadenball street, I saw a Watchman with the Prosecutor and my Wife, and another Woman. I had got a great Cold, and was coughing as I came towards them. My Wife knew my Cough, and said, Here's my Husband. What's the Matter? says I, Why, says she, this Man charges me with picking his Pocket of 2 Half-Guineas. Upon that, as soon as ever the Prosecutor sees me, he catches hold of my Arm, and says, I charge you too. And so we all were taken to the Watch-house, and there the Constable ask'd him who it was that pick'd his Pocket? and he said, it was that other Woman. And then says the Constable, Why do you charge this Man and his Wife? I can't swear nothing against them, says he. Why then, says the Constable, they may go about their Business. With all my Heart, says he; and so we were discharged. The Prosecutor met me afterwards, as I was going on Board an India-man, and followed me a little Way, but then he turned back again. After that he met my Wife and the other Woman, and took them before Sir Edward Bellamy , who sent them both to the Compter. As I hope to be saved I did not know that my Wife was lewd. She was in the Compter six Weeks, and when I went to see her there, he heard of it, and had me taken up. I am sixty Years of Age and better, and if any Man will say that I have committed the least Crime in all my Life, I desire to dye; and if I have ever committed any Crime, may I never be received into the Kingdom of Heaven. As God is my Saviour, I am an innocent Man, but I don't know what I might say to the Watchman, for I was in a Fright when they took me; and I hope your Lordship won't let me be hang'd in my old Age, for the sake of my Relations.
The Jury found him guilty of the Indictment. Death .
Constable. I found these 2 Razors on the Prisoner.
Prisoner. I found these 2 Razors as I was going Home.
The Jury found him guilty to the Value of 10d.
11, 12. James Phillips and William Hurst , of Hendon , were indicted for breaking the House of Daniel Perry , no Person being therein, on the 16th of March , about 9 in the Morning, and taking from thence a Cloth Suit of Cloaths, Value 30 s. 1 pair of Stockings, 3 pair of Gloves, and other Things, the Goods of Daniel Perry, and a Cloth Suit of Cloaths, Value 5 l. a Drugget Suit, Value 35 s. a pair of Buckskin Breeches, a pair of Shoes, 4 pair of Stockings, 6 Shirts, a Hat, a Wig, and other Things , the Goods of Edward Favin .
Daniel Perry. I went out to work about 6 in the Morning, and left Edward Favin in the House. About 9 I came home for some Tools, I met with a Man at my Gate, and stood talking with him for some time. When I went to open the Gate it was made fast within side; but the back Door was open, and so I got in, and found my House had been broke. I got some Neighbours to my Assistance, and we went in search after the Rogues from one Place to another, till we came to Grass-Farm-Wood, about 4 o'Clock in the Afternoon, and there they were taken with several of the Goods upon them. Upon Phillips we found a pair of Buckskin Breeches, a pair of Stockings, a Shirt, a Hat, and a Wig that belong'd to Edward Favin ; and upon Hurst, a pair of Stockings, a Shirt, 3 pair of Gloves, and a Cloth Coat and Waistcoat that were mine.
Phillips. I found the Goods in a Ditch.
Edward Favin. I lodged at Daniel Perry's; he left me in the House when he went to work, and I staid but a few Minutes behind, and then I lock'd the Doors fast, and left the Key at his Daughter's in the Neighbourhood, where it us'd to be left. About 9 I heard that the House was broke open, and so I came home, and found that a Pane of Glass had been taken down, and the middle Part of the Window-Frame pull'd out, and so they got into the House. The Lock of my Chest was broke, and all my Cloaths taken away. We pursued the Prisoner up and down for 4 or 5 Miles, and at last took them in Grass-Farm-Wood, with Part of the Goods upon them.
Court. Did they say how they came by them?
Favin. I heard Hurst confess before the Justice, that he got into the House first, and then let in Phillips.
Barnard Andrews . As I was in Pursuit of the Prisoners, Phillips turn'd about and swore he wou'd shoot me if I came any farther; but I still follow'd them; and upon that he fir'd at me with this Pistol, and shot me in the Groin (with small Shot) 8 of the Shot lodg'd in my Belly, and after that, they beat me and bruis'd me about the Head, so that I have been under the Surgeon's Hands ever since, and am not yet quite recovered.
The Jury found them both guilty of the Indictment. Death .
14, 15, 16. Ann Howard , Elizabeth Roberts , and Thomas Wilcox , of St. Giles's in the Fields , were indicted for stealing a pair of Sheets, Value 5 s. and a Brass Candlestick, Value 1 s. the Goods of Robert Hambleton , April 1st . The Jury acquitted them.
17, 18. Elizabeth Bugbear and Ann Arres , of Stanmore Magna , were indicted for stealing 5 Guineas, the Money of Thomas Cogdell , in his House , Feb. 23d . But the Evidence not being sufficient, they were acquitted .
19. Hannah Bradford , of St. Giles's without Cripplegate , was indicted on the Coroner's Inquisition for the Murder of her female Bastard Infant, by throwing it into a House of Office, where it was suffocated , March 11 .
Elizabeth Taylor , Midwife. The Prisoner was in a very dangerous Way: I thought she would have dy'd. We were forc'd to cut off her Cloaths; for she was so bad that we had not Time to undress her to put her to Bed. I ask'd her how this Disaster happen'd? She could hardly speak then; but after some time, she said, As I hope to be saved I had no Notice of my Labour, but thought it was only the Cholick when I went to the Vault, and while I sat there I had but oe Pain ; a forcing Pain that brought down the Child from me, and I was in such Disorder and Surprize, that I could not stir my self if it had been to have saved my Life.
Court. Is it usual for Women to have such hasty Labours? Midwife. 'Tis not common, but I have known 2 or 3 Instances that have been under my Care. Court. Did she tell you that she had a Child? Midwife. Yes; and I asked her whose Child it was? and she said her Husband's. Court. Was this before or after you had examined her? Midwife. It was after; for she was swooning away and dying, and not able to speak before. Court. Do you think it was likely the Child should come from her in such a Manner? Midwife. Yes; I took the Child up and wash'd it. Court. Did you see any Marks or Bruises? Midwife. No; it was clear. Court. And full grown? Midwife. Yes.
Elizabeth Dikes . I was with the Midwife when the Child was taken out of the Vault; we wash'd it in a Tub, and carry'd it up to the Prisoner, but she took no Notice of it. The Midwife ask'd her what she had provided for it? and she said, She had one Shirt in Goodman's-Fields, and that was all.
Prisoner. I was taken with a Pain like the Cholick, and thought it was nothing else. I went to the Necessary-house, and there I had a violent Pain that brought the Child into the World. I was not able to stir. I call'd for Help, but the Vault being in a back Place no Body heard me. I have been lawfully marry'd 14 Years. My Husband often went away from me, but he has been with me several Times within this Twelvemonth.
Mary Rimons . I did not see the Prisoner married, but I knew the Man that liv'd with her several Years. He own'd her for his Wife, and told me that he had been marry'd to her 12 or 14 Years, and she has a Child 9 or 10 Years old.
Mary White . A Day or two after she was deliver'd, she sent to me for some of her Child-bed Linen, which I fetch'd out of pawn, and here it is. It was pawn'd for 9 d. in her Name. She was driven to great Necessities by a wicked base Rogue of a Husband.
21. Ebenezer Harvey , alias Bodicoat , of St. Andrew's Holborn , was indicted for stealing 2 Bank Notes, each for 25 l. payable to Susanna Calfe or Bearer, and 1 Bank Note for 20 l. payable to Edward Waldo , or Bearer, the Property of Susanna Calfe , in the House of Hannah Collier , Feb. 16 .
He was a second time indicted for stealing a Silver Coffee-pot, Value 10 l. a Reading-glass, Value 10 s. a Spanish Piece of Gold, Value 36 s. half a Broad-piece, Value 12 s. 6d. and 16 Guineas, the Goods and Money of Susanna Calfe , in the House of Hannah Collier , Feb. 16.
Susanna Calfe . In February last I took Lodgings at Mrs. Collier's, in Chappel-street , I saw the Prisoner up and down the House, and asked Mrs. Collier what he was? She said he had lodged and boarded there for 2 Years, and had paid her but for 6 Weeks; but tho' he was poor, she believ'd he was honest. Sometime after, Mrs. Collier told me she intended to buy a Parcel of Tea, and desired me to go with her, and give her my Judgment of it. While we were talking the Prisoner came in. I ask'd Mrs. Collier if she could spare Money enough to buy so much Tea as she spoke of? Yes, Madam, says she, I have receiv'd 6l. of my Dividend. You shan't want Money, says the Prisoner, I'll lend you 5 l. You lend me 5 l. says she, You may as well pretend to lend me 50 l. By God, Madam, but I will, says he, and I'll be
Court. Then the Letter may be read.
Clerk of the Arraigns, reads.
For Md Calfe at Ms Collars in Chappel street over against the Chappel.
WEE are a sett of young gentelmen who are oblidged to live by our wits into whose bads
from yor humbel sarvantes the sones of fortune.
from our office in taserd-mallan street.
Susan Calfe . On receiving this Letter I put a stop to the Warrant, and desir'd him to get my Box as he had promis'd. On Sunday Morning I sent so Mrs. Collier to Breakfast. She appear'd much concern'd. The Prisoner came in, and said to me, Madam, don't be uneasy, I have got a Letter here, says I, that was sent me Yesterday ; pray, Madam, read it, says he, which I did, but I read two Words wrong on purpose to see if he would take Notice of it, for Merchantilin, I read Merchandizing, and Principle for Precipice; he took no Notice of the first, but said the second was wrong, the Word should be Precipice ; Madam, says he, which is as much as to say, they stood in great Danger, for its a dangerous thing to help People to stolen Goods, and those that deal that way have been very cautious in it ever since Jonathan Wild was hang'd; but I don't believe you would do them any hurt : No to be sure, says I, why so I told them, says he, but however, to satisfy them that they need not be afraid, I would advise you to withdraw your Bond in the Bank. On Monday I got a Warrant for searching the House, we begun below Stairs, and examin'd every Place upwards till just as we were going down again, I happen'd to look up and see a Trap-door to the Cock-lost (the Space between the Garret Cieling and the Roof of the House) upon which a Gentleman went up and open'd it; Here's a braveBox, says he; my Heart leap'd at the Word; we got it down and open'd it, and glad I was that nothing was gone out of it, there was a ammer lying upon the Box, w hich the Prisoner had been using a little before I was robb'd; Mr. Pattison, the Constable, search'd farther, and among a Parcel of Shavings he found my Will with the Codicil, this Reading Glass, my Pocket Book, the Memorandum of my Bank Notes, and some other Papers that I had left lock'd up in my 'Sciutore, when I went out; here's the Silver Coffee-pot that I lock'd up in the Box, there's a Calf engraven upon it, and is the Calf they mean in the Letter, where they say. It would soon be metamorphos'd, for they were no Idolaters.
Prisoner. Have not you gone and left your Bureau open, and when you came home very airy at 12 or 1 in the Morning, have you not thank'd me for locking it up in your Absence?
S. Calf. I came home one Night about 10 from Dr. Harris's, and as soon as the Prisoner saw me, he said, Lord, Madam, I'm frighted out of my Wits, how came you to leave your Bureau unlock'd ? How came you to know it was unlok'd ? says I. Why, Madam, says he, I happen'd to go into your Room, tho' I can't think what Business I had there; nor I neither, says I, except you went on purpose to see whether it was lock'd or no. This was two Weeks before I was robb'd.
Prisoner. Why did you lock the Coffee-Pot in that Box? S. Calfe. It was always put there when not in use. Prisoner. Have you not charged your Sons with the Robbery, and in particular your younger Son? Did you not say to me at the Bank, take Notice of this Villain, 'tis he that has robb'd me?
S. Calfe. No, I only bid you tell him that I would speak with him. Prisoner. Will you swear that you never charged them both, or at least one of them with this Fact? And that you did not say that no Body else could make use of the Writings?
Prisoner. Did you never say that your Son had robb'd you of a Pair of Snuffers, a Ring, and a Piece of Money? S. Calf. My Son was a little too saucy and refractory, and I only said I thought it was strange how the Ring should be gone. Prisoner. Have you not told me you was afraid your Son would rob you, and cut your Throat? And have you not desired me to sit up with you to prevent it?
S. Calfe. My Son is but a Boy of 19; he is indeed, as I said, apt to be pretty saucy, and had behaved himself one Night in a manner that did not become him; upon which I told him I would bear his Insolence no longer, and so desired the Prisoner to turn him out of Doors. Prisoner. When you found the Box again, was any thing missing out of it, or had it been open since you lock'd it, till you open'd it your self ? S. Calfe. No.
Mary Calfe . About Noon my Mamma and Mrs. Collier went out together, Mrs. Collier had Orders for her Maid to go out at Two, which the Maid did, and soon after a Man came to the Door, and told me, my Mamma was Sick at the Fountain Tavern, and desir'd me to come to her immediately. I ask'd the Prisoner what I had best to do? He said, he would have me go by all means, and if my Mamma was not there, I could but come back again. So I went about half an Hour past Two, and left none but the Prisoner and an old Gentlewoman at Home. My Mamma was not at the Tavern, and so I return'd Home at Hour past Three. Mrs. Collier's Maid let me in (she came Home while I was out) and I found my Mamma's Apartment in a dismal Condition, the Windows were open, and the Curtains drawn; the Desk was broke open, and the Chips of it lay about the Floor. The Prisoner was below in the Kitchen, I call'd him up, and shew'd him what had happen'd ; he said he could not imagine how it could be done, and he not hear any thing of it, for he had been in the two Pair of Stairs Room all the time. I was very much frighted, and desir'd him to go with me to see if any Thieves were about the House. We look'd in every Room, but could see no Body, and then I pray'd him to stay with me ( for I was still afraid to be left alone) till my Mamma came home. He said, that soon after I was gone out, two Men like Sailors knock'd at the Door, and ask'd for my Mamma, and that he told them my Mamma was not within. A little before my Mamma went out, I saw the Prisoner using a Hammer to knock up a Brass Nail to hang the Brush on in the Parlour, and then he took the Hammer away with him; and when my Mamma's Box was found in the Cock-lost, that Hammer was lying upon it. My Mamma came Home between Four and Five.
Charles Pattison , Constable. I had a Warrant to search Mrs. Collier's House, and in the Cock-lost I found a large Box that weighed I believe near a hundred Weight, and this Hammer was lying upon it. Mrs. Calfe open'd the Box, and I saw this Silver Coffee Pot, three Bank Notes, and a Parcel of Writings and other Things in it. And looking among a Parcel of Shavings, I found this reading Glass and some other Writings.
Mary Lloyd . On Thursday Night, Feb. 17. when the Prisoner came Home, he was call'd up, and ask'd where he had been, and what he had heard about the Writings? And says he, Madam, they talk high, they demand 100 or 200 Pounds.
Court. Did he say who demanded. Lloyd. No.
John Calfe . On the 16th of February, between Four and Five in the Afternoon, as I was going thro' Grocer's-Alley in the Old Jewry, I met my Mother and the Prisoner ; Son, says she, I am going to the Bank, pray stay a little till I come out. I waited an Hour in the Bank-Yard, when the Prisoner came, and said my Mother would not have me go without her, that she had been robb'd of her Writings, among which was a Mortgage-Deed of Mr. Huxley's, and some Bank Notes, on which Account my Mother was now at the Bank.
Court. Would a Man that had stolen the Notes have gone directly to the Bank to order them to be stopp'd?
J. Calfe. I never knew that my Mother had a Mortgage-Deed of Mr. Huxley's, till the Prisoner told me, and I can't imagine how he should come to know it and that it was stolen among the other Writings. I went home
23. Abraham Betts of St. Mary Aldermanbury , was indicted for privately stealing a Wallnut-tree Canister-Box, with 3 Canisters in it, value 16 s. the Goods of Samuel Hesketh , in his Shop , the 14th of this Instant April . Guilty 4 s. 10 d.
26, 27. Henry Whitesides , and George Scott , of St. Leonard's Foster-Lane , were indicted for privately stealing a Hat, value 10 s. and a Hatband, value 1 s. the Goods Paul Fellows , in the Shop of Bryant Ambler , the 4th of March last.
Bryan Ambler. On Saturday Night about 9 a Clock, as I was in a back Room behind my Shop, I heard a noise, and coming forward, I saw my Boy struggling with Scott (the least of the Prisoners) and he told me that Scott had held him, while another ran away with the Hat.
Maurice Harrison . While I was behind the Counter, Scott came into the Shop, and ask'd, what was a Clock? and Whitesides was behind him. Scott clapp'd his Hand on the Flap of the Counter, and held it down, that I should not lift it up to come out, and at the same time Whitesides snatch'd a Hat off the Counter, and ran away with it, and Scott went after him, but I stopt Scott before he had got to the next Door, and got him into the Shop again; I think Whitesides is the other Person, but I cannot swear positively to him.
John Davison . I happen'd to be at a Shop where Whitesides came in to sell a Hat, and Hatband, he sold the Band for 3 d. and I heard him tell his Companions, that he took it out of such a Haberdasher's Shop, in Cheapside, upon which I went and gave the Prosecutor notice, and we found the Prisoner next Day at the same Shop, where I had seen him before.
Thomas Harman . I bought this Hat of Harry Whitesides o' Sunday Night. Scott. I only went in to ask what was a Clock; but I know nothing of Whitesides. Whitesides. I saw a Man run along Cheapside, and throw away the Hat, and so I thought I might as well pick it up as another. The Jury found each of them Guilty to the Value of 4 s. 10 d.
34. Showland Wright , of St. Andrew's Holbourn , was indicted, for that he (with Elliot James , and Henry Dodd, alias Ford ) not yet taken, did assault Theophilus Eades on the Highway, putting him in fear, and taking from him, a Watch, a Hat, a Handkerchief, a Guinea and a half and 4 s. the 25th of February last.
Theo. Eades. I was knock'd down, beat and bruis'd all over, and robb'd of what I had, by 3 Persons (the Prisoner was one of them) who met me near the Brewhouse on Saffron-Hill , between 9 and 10 at Night, of the 25th of February last. They abused me so, because I was a little Rustical I live on Saffron-Hill, and had seen the Prisoner go by there several times before.
Prisoner. You said you did not know me, but 2 Hours before I was taken up. Court. How long was this Robbery in committing? Eades. Five or Six Minutes. Court. And did no Body come by in that time ? Eades. No.
Katherine Hodge , and Elizabeth Davis . About 8 at Night, on the 25th of February, we took Coach in Basingball-Street, the Number was 383, and were driven to Ratcliff-Cross, and it was past 9 when we were set down there; we believe the Prisoner was the Boy that drove us, but it was Night and we cannot be positive to his Face. Court. How far is Ratcliff-Cross from Saffron-Hill? K. Hodge. About 3 or 4 Miles.
John Courtman . On the 26th of Feb. I saw the Prosecutor on Saffron-Hill, and ask'd him, if he had been fighting, for he was very much maul'd, he said, No, he had been robb'd last Night at 9 a Clock; Do you know by whom? says I, Yes, says he, I am sure Harry Dodd was one of them, and I have a Warrant out against him. As we were talking the Prisoner came to the Door, and spoke to me, then went away again; and then says I, to the Prosecutor, That Lad was formerly acquainted with Harry Dodd , d'ye think he is not one of them that robb'd you? No, says he, nor John Brooks neither; yet afterwards he took up Brooks, and Brooks shewing him the Prisoner, he then thought the Prisoner was one of them, and so charg'd him with the Robbery. But I have known the Prisoner several Years, and he has the Character of a very honest Lad.
Elizabeth Chevers . I went to see the Prisoner in Bridewell, and the Prosecutor was there; says I, 'Tis hard to swear against this Boy, how could you know 3 Persons at 9 a Clock at Night? says he, I have done it now, and can't help it; but give me 6 Guineas and I'll clear him.
Court. Here, Eades, what light had you to see the Prisoner by? Eades. It was Moon-light. Court. Was it not at all cloudy? E. No. John Keen . It had rain'd all Day. Court. Did it rain at Night? Keen. I am not sure of that. Elizabeth Davis . It rain'd all Day as if Heaven and Earth had come together, and Night was cloudy, I saw no Moon.
William Stevens , Constable. When I serv'd the Warrant on the Prisoner, he said, he had parted with Dodd at 10 a Clock at Night. Eades. Keen could not prove the time before Justice Robe; they offer'd me 6 Guineas to make it up. The Jury acquitted the Prisoner.
35. Henry Heath , of White-Chappel , was indicted for privately stealing 4 Iron Chains, the Goods of William Calcot , in his Stable , the 27th of March last. The Jury found him Guilty to the value of 10d.
37. George Carr , of Shoreditch , was indicted for stealing a pair of Stays, a Camblet Gown, 3 Aprons, a Smock, and 3 Caps , the Goods of Elizabeth Holland . The Prisoner came into the Rose and Crown at Hoxton , and lock'd the Door upon me, and said, it was his House, and then he ask'd for his Wife (my Mistress) but she was not at home, and so he went up Stairs, and broke open my Mistress's Drawers, and my Box, and brought down a Bundle, and laid it on the Table. Then he broke open her Cupboard, took out the Ladle, and Spoon, and the Brandy Bottle, and when he had taken a Dram, he threw the rest about the House; I saw my Gown and my Stays in the Bundle that he brought down, and so says I, If ye take away my Mistress's Things, pray leave mine; consider I am but a Servant, and a lame Cripple; but he carried them all away.
Prisoner. My Wife keeps a common Baudy-House, and this Creature is one that plies there; pray, my Lord, ask her, if she is not a common Whore. I came home over Night, but my Wife lock'd the Door upon me, and look'd out of the Window, and made her own Game; I thought I'd be up with her, and so I came next Morning when she was gone out, and took her Cloaths away; and this Prosecution is only a Contrivance of hers to get rid of me, that so she may drive on her old Trade quietly. The Jury acquitted him.
Allen Bond of Allhallows Lombard-Street , was indicted for stealing a Pewter Gallon-pot, val. 3s. the Goods of Robert Green , March 25 . Acquitted .
42. Margaret Rankey , of St. James Duke's-Place , was indicted for stealing a Silk Damask Night Gown, val 5 s. a Crape Gown and Petticoat, lin'd with black Silk, val. 4 s. a quilted Poplin Petticoat, 18 d. a Calimancoe Petticoat, 2 s. a Dimity Petticoat, 6 d. a Scarlet Cloth Cloak, 3 s. a Velvet Hood, 4s. a Silk Hood, 1 s. a Muslin Hood, 6 d. a Suit of Cambrick Head Cloaths, 1 s. a Camblet Riding Hood, 2 s. 5 Holland Aprons, 4 s. 6 d. 2 Silk Handkerchiefs, 1 s. 3 Cambrick Handkerchiefs, 1 s. 6 d. 1 Cambrick Turnover, 6 d. 2 Mobs, 6 d. 4 Holland Shifts, 6 d. 1 pair of Women's-holland ruffled Sleeves, 6 d. 1 pair of Silk Shoes, 1 s. 1 pair of Clogs, 6 d. and 1 Tea-spoon , the Goods of Joseph Hanly , January 21 .
Joseph Hanly . The Prisoner was my Servant , and went away on the 21st of Jan. the Goods were miss'd. A Watchman who knew her, happen'd to meet her a Month afterwards in Stepney-Fields, she told him where she lodg'd, and he persuaded her to go in and drink with him; while she was there, he sent notice to my Wife; but before my Wife came to them, the Prisoner made her escape. At her Lodging we heard she was just gone by Water to the Red-Cow Alehouse in Hungerford-Market; we follow'd and found her there with all the Goods in 2 Trunks and a Bundle, and she confess'd, she took them out of my House. I have heard a good Character of her before she came to me.
The Prisoner made no Defence, and the Jury found her Guilty .
43. John Lister [ Leicester ] of St. Clement Danes , was indicted for stealing 9 pair of Shoes, Value 40 s. the Goods of Benjamin Spicer , in his Shop , April the 5th . The Jury found him guilty to the Value of 10 d.
46. Robert Cavell , of Cripplegate , was indicted for stealing a pair of Copper Scales with an Iron Beam, Value 3 s. the Goods of John Clark , April the 17th . The Jury found him guilty to the Value of 10 d.
47. Sarah Oakley , alias Dunbar , of St. Giles's in the Fields , was indicted for privately stealing a Watch, Value 4 l. a Chain, Value 5 s. and a Seal, Value 6 d. from the Person of Richard Trigtoe , April the 11th .
Richard Trigtoe. In the first Place, I live at the Prince's Bagnio in Bolton-street, in Long-Acre, and on Easter-Monday, about 11 at Night, I went into Drury-Lane for a Coach. I stood opposite to Holsford-Alley , and call'd Coach! Coach! Coach! and up comes the Prisoner and says to me, How do you do? Why, pretty well, says, I. Won't you go and see my Lodgings? says she. Why I don't care it I do, says I; for tho' she was a Stranger to me, I did not know what Business she might have with me, and so I went with her 5 or 6 Yards down the Alley, into a House, and up one pair of Stairs, and there she wanted me to treat her with a Dram. I told her I did not care for drinking; but she said I might give her one, however, for she could drink if I could not. I told her, I was not so d isposed. I staid 30 Minutes with her, and discoursed about one thing and another, and then I found I was got into a lewd, disorderly House, and therefore I did not care to tarry any longer; and so, just as I was about to go, she catches hold of my Chain, pulls my Watch out of my Breeches, and puts it into her own Pocket. I demanded my Watch again, but says she, I wish I may be damn'd to Eternity if you ever have it, except you give me a Guinea. I reason'd the Case with her, and told her, the Watch was none of her Right, and therefore I would have it again. But it signify'd nothing, for she would not give it me. And so as I was going down-stairs she call'd several Men Names, Jack! Tom! Dick! but I got out of Doors, and she follow'd. I turn'd to the Right and she to the Left. I took an Opportunity and seiz'd her at the End of Wild-street. She cry'd out Murder! Fire ! Watch! The Watchmen came and quieted the Broil, and took us away, but I never got my Watch again.
Thomas Wigly , Constable. Between 11 and 12, the Prisoner and Prosecutor were brought to me by 2 Watchmen: He charged her with forcibly pulling a Watch out of his Pocket, and saying, She would not deliver it without a Guinea. He was sober, but she seem'd to be a little fuddled.
Prisoner. The Prosecutor met me in Colstons-Court, and said, Will you go with me my Dear? No, says I, I am going to Bed. But at last we agreed, and he carried me into House in the Court, Number 18. When we came up-stairs, he told
Ann Price . I live at Number 18, in Colston's-Court. The Prosecutor came in and went upstairs with the Prisoner and another Woman; the other Woman came down first, and went away, and the Prosecutor staid a Quarter of an Hour longer with the Prisoner; and when he came down, he seem'd to be fuddled. She followed him with a Candle, and when she came into the Court, he charged her with taking his Watch.
Court, to the Prosecutor. Did you see her take your Watch? Prosecutor. Yes. Court. Then she cannot be guilty of privately stealing. The Jury acquitted her.
50. John Theobalds , was indicted for assaulting John Matthews , Gentleman , on the Highway, in the Parish of Hornsey, putting him in Fear, and taking from him a Gold Watch, with a Gold Chain, and a Steel Seal, Value 8 l. 8 s. 2 Guineas, and 19 s. 6 d. in Silver , on the 13th of August last.
Mr. Matthews. On Friday the 13th of August last, in the Afternoon, I was driving with my Wife in a one Horse Chaise from London to Finchly ; as I passed by Highgate Church I looked at the Dial, and observ'd it wanted a Quarter of 7. There are 2 Ways down the Hill from Highgate , an upper and a lower; I took the upper Way, and when I came down into the Road again, I saw in the Horse-way, a black Man with a black Wig, or his own black Hair, I cannot be certain which, and in a dark blue grey Jockey-Coat; on the Causeway was a tall thin Man with a fair Wig; his Coat was the same for Colour and Fashion as that the black Man wore. They were both on Foot, and I thought it a little odd for one of them to be in the Horse-way; but as it was a publick Road, and there being 2 or 3 Women and a Boy just by, I was the less apprehensive of being attack'd. I drove forward, the black Man was soon at my Horse's head, and took hold of the right Rein, and cry'd, Stop! Stop! At first I thought something about the Horse was out of Order, but I was soon undeceived The Man in the fair Wig jumpt from the Causeway, and (like an Arrow out of a Bow) was instantly at the left Side of my Horse; he took hold of the left Rein, when the black Man clapping a Pistol to my Belly, swore and cursed, and bid me deliver my Money immediately, or I was a dead Man. I gave him 2 Guineas, and 19 s. 6 d: in Silver. In taking out my Money he saw the Chain of my Watch, which he pluck'd out, and held it up to look at it. Then he search'd my Fob, and my right and left Pocket (for a Purse I suppose) holding the Pistol hard against my Belly all the while; his Hand that held it shaking, as if he had been convulsed. I did not at all like the Situation I was in. My Eye was fix'd on the Pistol, and the Fear I was in, left it should accidentally go off, prevented me from taking particular Notice of those who robb'd me, and except I could be as certain that the Prisoner was one of them, as I am that I am now speaking, I would by no means swear it.
Court. What did the Man in the fair Wig do?
Mr. Matthews. Nothing but hold the Reins; nor did he say any thing, but only desir'd the other not to frighten the Gentlewoman. The black Man swore and cursed all the while, and because my Horse did not stand still, he bid the other cut the Reins, and repeated it 2 or 3 times. I tender'd him my Keys, and some Farthings, but whether he took any of the Farthings I can't say. Then he bid me drive on, and at parting said, Your Servant ! and I drove forward. A Gentleman on Horseback overtook me soon after; I told him what had happened; he said, He was sorry for it, but he did not seem inclin'd to pursue them, but rid away. Next Morning, I heard that (the Day before) 2 Men had been at the Dirt-House, where they eat and drank, and having no Money to pay their Reckoning, left a Case of Surgeons Instruments in pawn, and said, They would call in a little time and redeem them. I desired the People of the House to send me Word if they came again, but they did not come. As I was walking out the same Day. I heard that the 2 Men that robb'd me had been at Highgate. I went to the Two Wrestlers (a publick House) at Highgate to make enquiry. Bartholomew Carter (a Boy, who lives at that House) told me, that he was on the Causeway when the Robbery was done, and that he had seen the 2 Men, who committed the Robbery, sitting that (Saturday) Afternoon at an Alehouse Door; I think he said, it was the Sign of theJohn Theobalds , he's a Solicitor, and lives in the Rules of the Fleet, and I can take him at any time. Theobalds, says I, Why, he knows me, he has seen me often, sure he would never venture to rob a Man that he knew. When I consider'd this, I confess it stagger'd me a little, but I thought he might possibly not know me before he made the Attack, tho' he might before he left me; but when he had once begun, it was too late for him to retract. I said to the Person who told me this, Take the Boy with you, and drink a Mug of Ale with the Prisoner, and if the Boy, after being a considerable time in his Company, continues still positive that he is the Man, send me Word. He went with the Boy next Morning (being Sunday) and sent me Word that they had been with the Prisoner, at the Elephant and Castle, in Fleet-Lane, and that the Boy was positive that he was one of the Men; I went the same Day to see the Prisoner. He was then in the Fleet Prison. Mr. Ewell the Keeper, brought him into the Warden's Room, and the Boy was with us. I spoke to the Prisoner, and he said, It was very hard that he should be charged with robbing me, for as he was an Attorney of the Common-Pleas, he might be struck off the Rolls upon such a Report. I told him, I did not charge him, and if he was an innocent Man, there was no doubt but his Reputation would be clear'd. That I had been robb'd by 2 Men, was certain; but that I was in such a surprise when it was done, that I could not take upon me to say that he was one of them ; but that one of them was very like him. I call'd the Boy aside, and ask'd him, if he was still certain that the Prisoner was one of the Men; the Boy then did say, that the Prisoner was prodigious like one of the Men, but that he could not be very positive; upon which the Prisoner was discharg'd. Next Day (or on Tuesday, I forget which) in my way to Finchly, I stopp'd at the two Wrestlers, to speak with Mr. King, he told me, he wonder'd the Boy was not positive to the Prisoner when he saw him in the Warden's Room, for he had been positive ever since. Prisoner. Mr. Matthews has known me several Years, he has taken hundreds of Pounds of my Money, and - Mr. Matthews. Not hundreds of Shillings. Prisoner. And it's very unaccountable to imagine, that I would ever attempt to rob a Man that knew me so well. It was observ'd before Mr. Blackerby, that one of the Men's Hats were slapp'd when the Robbery was committed Mr. Matthews. I think their Hats were both cock'd. Prisoner. I beg the Witnesses may be examin'd a-part. Court. It shall be so; but if they agree in their Evidence, 'twill go the harder with you. Prisoner. Then I desire they may remain. Court. No, let them go out, and be call'd in one by one.
William Taylor . On the 13th of August, about 7 in the Evening, coming along the Causeway with 2 Women, I saw 2 Men stop a Chaise; one was a tall Man in a dark blue Grey-Coat, with a light Wig and light Stockings, he stood on the left Side of the Horse. The other was a short Man, in a dark Wig or dark Hair, and in a Coat of the same Colour as his Companion; they went away towards a Wood, and the short Man had a Pistol and a Watch in his Hand. I afterwards saw the Prisoner at the Bunch of Grapes in the Fleet, but I cannot be certain that he was one of them, I would not take a false Oath for the World. When they stopp'd the Chaise, one of the Women that was walking with me, hung round my Neck, and ask'd me what was the Matter? Court. Did you know that Woman? Taylor. No; but I had sold her some Ware, and we were going up to Highgate ; I have heard she was a Serjeant's Wife at the Green-Man. Court. Do you think she held you round the Neck to prevent you from assisting the Gentleman that
Thomas Odell . On the 13th of August, in the Evening, as I was coming from Finchly, towards Highgate, 2 Men past me a little below (that is, from hence, a little below Highgate. ) The Prisoner was one of those Men. They went forward, and I met a young Man of my Acquaintance, who was going into Yorkshire. I stood talking with him, and while we were in Discourse, I saw the same two Men go up to a Chaise, and saw the Chaise stop. The Chaise was then, I believe, about 300 Yards distant from where I stood; the 2 Men were about half a quarter of an Hour in going to it, after they past us. We did not think any thing of a Robbery, for if I had, we should have gone after them. I saw no other Man but those two in the Road betwixt the Chaise and us. I have known the Prisoner some Years.
Court. How long is it since you first knew him? Odell. I can't say, but I believe it is 8 or 9 Years. Court. Where did he live then? Odell. I don't know. Court. Where did you use to see him? Odell. At Highgate. Mr. Matthews. Will your Lordship please to ask him how he came to know the Prisoner? Court. You hear the Question? Odell. He used to come often to my Brother-in-Law, Newman Andrews, at Highgate. My Brother-in-Law was a Bailiff, and the Prisoner was a Bailiff's Follower. Mr. Matthews. If you please, my Lord, ask him, if the 2 Men that overtook him were out of his Sight from the Time they past him till they came to the Chaise. Court. What do you say to that Question? Odell. They were not out of my Sight from the Time they past me till they came to the Chaise. Court. And you are sure that the Prisoner was one of those Men? Odell. I am positive of it.
Bartholomew Carter . I was going - Court. How old are you? Carter. Seventeen. I was going on with the Waggon towards Finchley. while the Waggoner was drinking at my Master's House (the Sign of the two Wrestlers) and as I was coming back to Highgate (it was the 13th of August in the Evening) just at the Pitch of the Hill, I saw the Prisoner and another Man stopping a Chaise. They were both in dark Grey Coats, and White Stockings. I ran to a Girl that was a little before me, and told her that those Men were a robbing the Chaise. Court. What Colour'd Wigs had they? Carter. Really I cannot tell; I did not mind their Wigs. Court. Which of 'em went up to the Chaise first? Carter. I did not take Notice of them till they both had Hold of the Horse. Court. How near was you to the Chaise? Carter. I was on the Causey, just by. Court. What did they do? Carter. I saw 'em take a Gold Watch from the Gentleman. Court. Which of 'em? The Prisoner? Carter. No, the short Man took it. Court. Had they any thing in their Hands? Carter. The Man that took the Watch had a Pistol. When they had robb'd the Gentleman, the Prisoner came up the Bank to me, and bid me not say any thing. I told him, I hoped he'd give me something to drink. He said, he had no Halfpence, and called to the other Man who was going over the Gate, and asked him if he had any? and the other Man bid him come along. The Prisoner then told me, he would see me again in a Day or two, and give me something. Court. When did you see the Prisoner again? Carter. Next Day, sitting with the other Man at the Taylors-Arms Door. Court. When did you first speak of the Robbery? Carter. I told my Master as soon as I came Home. Court. Did you tell any Body that you saw the Prisoner next Day at the Taylors-Arms? Carter. Yes, I told my Master that I saw the Prisoner there, and that he was one of the Men that committed the Robbery. Court. Did you see the Prisoner in the Fleet? Carter. Yes, the Sunday after the Robbery, and I told my Master, and Mr. Smith the Breeches-maker at Highgate, that he was one of the Men.
Prisoner. When you saw me in the Fleet, did not you say that you could not swear that I was the Man? Carter. No, not
Mr. Matthews. I took the Boy aside, and asked him if he was then sure that the Prisoner was the Man. Far from pressing him to say so, I advised him to be as Cautious as possible; and he then told me, that the Prisoner was very like the Man, but that he was not positive that he was the very same Person.
Daniel King . I keep the two Wrestlers at Highgate. This Boy ( Carter ) has been my Servant 3 Years. He went on with the Waggon to Finchley Common, while the Waggoner staid to drink at my House. When he came back, he told me, that he and a Girl had seen two Men rob a Chaise at the Bottom of the Hill. That the shortest of the two had a Pistol, and took away the Gentleman's Watch, and then one of them bid the Chaise drive on. That they both came up the Bank; the tallest came to him, and the other went towards the Wood. The tallest bid him not say any thing: He asked the tallest for something to drink. The tallest called to the shortest who was going over the Gate, and asked him if he had any Halfpence. The shortest said, Come along; the tallest told him - Court. Told who? King- Told the Boy that he should be back again in a Day or two, and then he would give him something. Next Day, being Saturday, about 6 in the Afternoon, the Boy told me, that about 2 Hours before, he had seen the same two Men sitting upon a Bench, at the Taylors-Arms Door. Mr. Smith, the Breeches-maker, having heard of it, came to my House, and while we were talking about it, Mr. Matthews came in, and after some Discourse, he asked the Boy if he was very sure that the two Men he had seen at the Alehouse-Door, were the Men that committed the Robbery? The Boy said that he was certain of it. After which Mr. Matthews took the Boy to the Justice.
Court. Did the Boy describe the Men's Dress to you? King. Yes, he said they had both dark Grey Coats, button'd up, and White Stockings. Court. Did he say what Wigs they had? King. No. Court. Was you at the Fleet with the Boy on the Sunday following? King. Yes. Court. And what did he say of the Prisoner? King. He told me that he was positive the Prisoner was the Man.
Mr. Matthews. Pray, my Lord, ask this Witness what Dress the Prisoner was in, when he saw him in the Fleet? Court. Do you remember what Dress the Prisoner was in at that Time? King. He was in a Black Coat, open-breasted, and Grey Stockings. He said he had worn that Livery ever since he had lived in the Fleet, which was 11 Months. That's well for you, says I, for the Men that did the Robbery, were both in White Stockings.
William Smith . I was at the Two Wrestlers when the Boy came in, and said he had seen two Men rob a Chaise; that they were both in dark Grey Cloaths, one a tall, and the other a short Man. The tall Man (says he) held the Horse, while the short Man, with a Pistol in one Hand, took away the Gentleman's Watch, and held it up by the Chain thus, to look at it. And as soon as they had left the Chaise, the tall Man came up to me, and bid me say nothing. I asked him for something to drink; he said, he had no Half-pence, and called to the other Man, and asked him, if he had any. The other Man bid him come along; and then the tall Man told me, he would call in a Day or two, and give me something. Next Day, between 3 and 4 in the Afternoon, the Boy told me, that the same two Men were sitting upon Morgan's Bench; Morgan kept the Taylors-Arms. I went and look'd at 'em; the Prisoner was one, and the other was a little Man that I did not know. Court. Are you sure that the Prisoner was one of them? Smith. Yes, I have known him these 7 Years. Court. What Cloaths had he on then? Smith. He was in a Black Coat. I went next Day (which was Sunday) with the Boy to see the Prisoner in the Fleet. The Boy was then very positive; and he came to me on Horse-back on Monday Morning, and said he would swear to the Prisoner. Court. What Character has the Boy? Smith. A civil sober Lad as most in the Parish.
Prisoner. I allow that I was at the Taylors-Arms at the Time you speak of, and I shall prove what Business I had there, and who was with me. Do you know the Man that was with me? Smith. No. Court. Had you any Talk with Mr. Odell about the Robbery? Smith. Yes: It was some Time (perhaps a
Susanna Perry . I had been at the Pot-house (Mr. Jones's) to buy some pots, and going up the Causey, I saw the Gentleman and his Spouse in a Chaise, coming down the Right-hand Way, and I went up the Left-hand Way, and a Boy and a Girl called to me, and said the Chaise was robb'd. I believe I was about 2 Stones throw off when it was done. When the Boy and Girl came up to me, I saw 2 Men go into the Wood, but I can't be positive the Prisoner was one of them, for I only saw their Backs. Says the Boy ''I asked '' one of them for something to drink, but '' he said, he had no Halfpence, but he would '' call again in a little Time, and give me '' something.'' He's a very sober Boy.
John Laurence , Constable. I saw Mr. Odell the Day after the Robbery, and he said, that he knew more of it than any of us, for he knew the Man that committed it; but he did not name his Name. On Sunday I went with Mr. King, and Mr. Smith, and the Boy, to see the Prisoner in the Fleet, and the Boy then told us that the Prisoner was the Person.
The Prisoner's Defence.
Prisoner. On Saturday I had a Habeas Corpus for Mr. Morgan, and went with it to his House at the Taylors Arms at Highgate, and sat publickly at the Door all the Afternoon. On Sunday Morning I was call'd out of my Bed, to go to Mr. Jones's at the Elephant and Castle in Fleet-Lane; I was detain'd a Prisoner till Five in the Afternoon, and then might have been discharged, because Mr. Matthews could not swear to me, but I chose to lie a Mouth longer to shew my Innocence. I afterwards brought an Affidavit of a Conspiracy against me, by the 2 Men that took me up, and when it was read before Mr. Justice Fortescue, he granted me an Order to hold them to Bail, and this was the Occasion of my being taken up a 2d time. I shall prove where I was when the Robbery was committed.
Court. What Cloaths had he then? Stevens. Black. Court. Then the Boy could not know him by his Cloaths, for all the Witnesses agree that both the Men who committed the Robbery were then in Dark Grey. Court. Was you a Prisoner then? Stevens. Yes. Court. How came you to be admitted into the Warden's Room? Stevens. I did not here it there, I heard it in a Coffee-house in the Prison, 'twas between Two and Three in the Afternoon.
Daniel Bewly . I keep the Bunch of Grapes in Fleet-Lane, it is a sort of a Publick-House; the Prisoner was my Lodger. On Friday the 13th of August, the Prisoner lay a-Bed till 11 a Clock, and when he came down he asked if Atron Polack, the Jew, had been there. At one a Clock Mr. Polack came in, and was to have gone to Highgate with the Prisoner. But a Woman called Blackaway, and he came again about 3, and staid till between 10 and 11 at Night. Mr. Fletcher came in at 3, and staid till 5. At 6 Mr Gale and Mr. Curtis came in, and staid till 11. We supp'd together. We had Bacon and Greens for Supper; and the Prisoner was not out of my Company (except when I went to draw Drink) from 11 in the Morning till 12 at Night. I know 'twas on a Friday, because the Prisoner was taken up on the Sunday following: For on Sunday a Man came from Mr. Jones's, and said 2 Gentlemen wanted the Prisoner to fill up some Writings. The Prisoner went, and as soon as he came back, he said he had been taken up for the Highway. He was carried before Justice Billevs, and then committed to the Fleet Prison.
Court. Did you tell Mr. Matthews, that the Prisoner was not out of your House all Day, on Friday the 13th of August?
Bewly. I told him that he was not out all that Afternoon.
Mr. Matthews. This Witness told me at first, that it was on the Thursday that the Prisoner staid at Home; and he said he was sure it was Thursday, because it was the same Day that the Prisoner had been drinking with a Woman, and had cut her Hand, but the Prisoner putting him in Mind that it was on Friday he then said he remember'd Friday was the Day.
Bewl. I said he was out on Thursday too.
William Gale . On Sunday I was at Mr. Stubs's, the White Lyon and Crown, in Shoe-Lane, when some Highgate Men came in, and said, the Prisoner was taken up for a Robbery, committed on the Friday before, about 7 in the Evening. Says I, that can never be, for I was with him at Bewley's, from 6 till 11, and he, and I, and Curtis,Mull Barber dressed the Supper.
Richard Curtis . I was at Stubbs's when 5 or 6 Men came from Highgate, and said, they had a Warrant against the Prisoner for the Highway. When was the Fact done? says I, Why, said they, last Friday, about 7 in the Evening. That's impossible, says I, for I was with him, in Fleet-lane, from 6 to 11.
Aaron Polack . About Noon, on the 13th of August, I went from Change-Alley (where I had just bought, 25 Shares of English Copper for Mr. Trott, in Holborn) and called upon the Prisoner at his Lodgings, in Fleet-Lane. He ask'd me, if I would go to Highgate with him? I told him, No, for 2 Women wanted to speak with me. And so I went away, and came again at 3, and from 3 I staid till 11 at Night, and the Prisoner was not out of my Company in all that Time. Next Morning being Saturday, between 10 and 11, I went with him to Mr. Morgan's, at Highgate (for whom he had a Habeas Corpus) we staid there about 2 or 3 Hours.
Court. Where's Carter? [Enter Carter.] Was that the Man you saw sitting with the Prisoner at Morgan's Door, one of the Men that were concern'd in the Robbery? Carter. I think so. Court. Is that Jew the same Man? Carter. I am not certain.
Court. Polack! Does your Religion allow you to walk so far as Highgate on your Sabbath-day ? Polack. There are some good Jews, and some bad ones, I can't say that I am one of the best : But there are some good Jews that walk out of the Sabbath, tho 'there are some that will not. Our Priest preach'd the Sabbath-day after I was at Highgate, and told us, that we ought not to go above 5 Miles.
Court. William Smith , when you was talking at Stubbs's about the Prisoner, did you hear Curtis say that he was with the Prisoner from Six to Eleven? Smith. I don't remember any such Thing. Court. Did any Body say, How can that be? Smith. Not as I remember. Court. Daniel King , Did you hear any such Question? King. No. Court. Gale, To which of the Persons at Stubbs's did you say that you had been in the Prisoner's Company from Six to Eleven. Gale. To no one in particular, I spoke to them all together.
Thomas Hinton . On Friday the 13th of August, about Two in the Afternoon, as I was going from Highgate, a Woman at the Dirt-House call'd to me, and said, that 2 Men had been drinking there, and were going away without paying. I told the Men if they had no Money, they ought to pledge something, and with that one of them pull'd out a Case of Surgeon's Instruments, and left it in pawn, and he said they were going to receive some Money, and would return and redeem them. One of them was in an Iron Grey (Second Mourning) Coat, with white Stockings and a dark Wig; and the other in an Iron Grey Coat, with dark Stockings, and a light Wig.
Mr. Matthews. Hearing that 2 such Men had been at the Dirt House, I desired this Witness to go with me to the Prisoner in the Fleet, to see if he was one of them. The Witness said he was not.
Court. It seems that the Prisoner, by calling this Evidence, would have it thought that these 2 Men committed the Robbery; but the Witnesses who saw the Men that robb'd the Prosecutor, swear that they were both in dark Blue Grey Coats, and White Stockings; and this Witness swears, that the Men at the Dirt-House were in Iron Grey Coats, and that one of 'em had dark Stockings.
Moll Barber, I lodge at Mr. Bewly's in Fleet-Lane. On Friday the 13th of August, the Prisoner was not once out of our House, from 11 in the Morning till 12 at Night. I drew the Drink, and dress'd the Bacon and Cabbage for Supper. At 7 in the Evening Mr. Evans, a Pastry-Cook, called upon the Prisoner, but he did not set his Foot within the House; the Prisoner went to the Door to him, and I filled 'em a Quarter of Brandy there.
John Evans . I live at the 7 Dials. I call'd upon the Prisoner about 7 in the Evening. I went about a Yard into the House, but did not sit down. He asked me to stay to Supper, but I refused, and so we drank a Quartern of Brandy and parted.
Henry Medget . I am a Cheese monger in Fleet-Lane, next Door but one to Mr. Bewly's. I went in there between 7 and 8 in the Evening, the Friday before the Prisoner was taken, and saw him, and several others at Supper upon Bacon and Groens.
Edward Fletcher . I live next Door to Bewly, between 11 and 12, on the 13th of August, I said to Bewly as he stood at the Door, Is your Lodger a Lawyer? Yes, says he, but he is not within. I want to ask his Advice, says I. Well, says he, as soon as ever he comes in I'll let you know ; and so about 3 a Clock Bewly came and told me that the Prisoner was within. I went to him, and we drank a Pint or two of Pale Ale, and I came away about Five.
Court. Are you sure that Bewly said he was not at home? Fletcher. Yes, I am sure of it.
Court. And yet Bewly has sworn that the Prisoner was not out all that day. Prisoner. He might tell him I was not within, because he might not care to let him know that I was a-bed. A Jury-man. We should be glad to know which of the Prisoner's Witnesses are House-keepers, and what Characters they bear.
[Several of the Prisoner's Witnesses were asked if they were House-keepers, and they answered yes.]
Curtis, again. And I am a House-keeper; I live in Gunpowder-Alley in Shoe-lane. I am a Hartshorn Rasper. Paul Mitchell . I live at the upper End of Gunpowder-Alley, I know the chief Persons there, but I know no such Man as this Curtis. There are indeed a Parcel of infamous Houses in one part of the Alley, and if he don't live in one of them, I can hardly think he lives in that Neighbourhood.
Then the Prisoner call'd Witnesses to his Character.
James Ashley . I have known him 10 or 12 Years. He has been employed by me and my Friends in Law Affairs, and discharged his Trust with Fidelity, Integrity and Honesty. He's in pretty Business, and gets Money, and has no need to go a Robbing. He's an admitted Attorney in the Court of Common-Pleas. Court. He may be never the better for that. William Osborn . I have known Bewly 8 Months, and by his means came acquainted with the Prisoner, whom I employed when my Son was arrested. On Thursday the 12th of August he talk'd of going to Highgate with a Habeas. I call'd again on the next Saturday, and Bewly told me he was then gone to Highgate, and that he had been at home all Day o' Friday. Humphry Hood and Charles King of St. Giles's. We have known him 6 or 7 Years, and know no harm of him keep an Eating house in Monmouth street, I have him 5 Years, and never heard any ill Character of him, any otherwise than as an Attorney. He did Business as other Attorneys do. Tho May . I have known him 16 or 18 Months, I am an Attorney in the Court of Common-Pleas, and live in the City. The Prisoner and I have often assisted one another in our way of Business. About 3 Months ago, at his Request, I attended him to Mr. Justice Fortescue's, to obtain an Order to hold Jones and Ramsey (the 2 Persons who took him up) to Bail, and upon reading his Affidavit, an Order was granted to bind 'em in 40l. each.
Prisoner. My obtaining that Order was the Occasion of this Prosecution; for when I was taken before Mr. Blackerby, Ramsey said, This you have brought on your self, if you had been quiet, nothing of this had happen'd. My Lord, I am told that the Girl who was on the Causey when the Robbery was committed, is now waiting without.
Ann Millan . As the Boy and I were going along the Causeway, we saw 2 Men rob a Chaise that was coming down from Highgate; one was a tall Man, and the other a short Man: They were both in grey Coats, and light Wigs. Court. Are you sure they both had light Wigs? Millan. Yes; to the best of my Remembrance; and one of them said to the Gentleman, Damn you, give me your Watch. But I did not see the Watch taken. Court. How near was you to the Chaise? Millan. It was in the Road over against me. Court. Had either of the Men a Pistol? Millan. Yes, the tall Man. Court. Are you sure it was the tall Man? Millan. Yes, and he held it to the Gentleman's Head. Court. To his Head? consider. Millan. I am sure he held it to his Head. When they left the Chaise, they both came up the Bank, and the tall Man bid the Boy not speak, and the Boy made no Answer.
Court. Did the Boy say Nothing? Millan. No. Then the tall Man said to the short Man, Have you no Half-pence? and the short Man said, No, damn you, come along. And so they both went over the Gate into the Wood. Court. Did the tall Man say nothing to the Boy about coming again, and giving him some Half-pence? Millan. No, not a Word. Court. Did you tell Mr. Matthews what you knew of this Robbery? Millan. I have never seen Mr. Matthews since Court. Did not you know where to find him? Millan. Yes, I knew he was at Mr. Lee's, at Finchley. Court. When, did you see the Prisoner since the Robbery? Millan. He subpoened me last Wednesday.
51. Margaret Fellows , was indicted for privately stealing a Gallon Pewter-Pot, Value 10 s, and a Gallon of Brandy, Value 4 s. the Goods of William Archer , in his Shop , March 10 . The Jury found her guilty to the Val. of 10 d.
57, 58. Deborah Burt and Katherine Giles , were indicted for privately stealing from the Person of Ann Holdway , in the Parish of St. John, Hackney , 2 Camblet Ridinghood, a Cap and an Apron , the Goods of her Husband John Holdway , March 17 .
Ann Holdway. My Riding-Hood, and and Apron, were taken from me, but I when, nor where, nor how, nor who took 'em; for I was asleep. Mr. Cook. I saw the Prosecutor asleep in a Hollow Tree, as I was going from Hoxton to Newington-Green. I suspected the Prisoners (who were loitering hard by) had a design to rifle her, and so I stood at a little Distance and watched 'em. I saw Kate Giles go in and strip her, while the old Woman, Deborah Burt , stood by. Giles brought out the Cloaths, and I took 'em upon her. The Jury acquitted them.
The Trials being ended, the Court proceeded
to give Judgment as follows:
Received Sentence of Death 8.
Burnt in the Hand 2.
Catherine Young , John Hughs , John Baily , Richard Watsan , John Clew , Abram Betts , Elizabeth Sheldrick , Henry Whitesides , George Scott , David Simpson , Phillip Fell , Matthew Holms , Mary Buckingham , John Gibbs , Martin Jones , Henry Heath , Margery Hawkins , James Ireman , Margaret Rankey , John Laster , Robert Cavell , Margaret Fellows , Bortholomew Mimor du Pre, William Harvey , and Eleanor Saffier .
were bound over to appearing accordingly, the Court ordered their Recognizance to be Estreated.