Thursday the 25th, Friday the 26th, Saturday the 27th, and Monday the 29th of May 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 Honourable Mr. Justice Page ; the Hon. Mr. Baron Cummins ; 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.
1. John Fuller was indicted for stealing a Guinea, in the Parish of St. Margaret New-Fish-street , the Money of Thomas Brown , Philip Brown , Simon Slater , and Thomas Brown , the Younger , the 19th of February last.
The Prisoner was Mr. Brown's Footman , and the Money being miss'd, he was examin'd, and confess'd that he went into the Compting-house, lifted up the Lid of the Desk, and took out the Guinea. The Jury found him Guilty .
2. Mary Bluck was indicted for stealing in the Parish of St. Sepulchres , 2 Silver-spoons, value 15 s. 1 Enamell'd Gold Ring, val. 6s. 1 Snuff-box, val. 3s. 2 Aprons, a Silk Hood, and a Petticoat , the Goods of Thomas Godwin , the 2d of this Instant May .
The Prisoner had been the Prosecutor's Servant . On Tuesday the 2d of this Instant May, she made an excuse to go out, but did not return. The Goods were miss'd soon after, and she was taken on the Saturday following, with the Petticoat, and one of the Aprons upon her. She confess'd that she had pawn'd the 2 Spoons at the Three Tuns in Long-lane, West-Smithfield, where they were found; she bore a good Character before she committed this Fact. The Jury found her Guilty to the Value of 10 d.
3, 4 Edward Spaule and Daniel Lightfoot , were indicted for stealing in the Parish of St. George in the East , 14 Chissels, an Ax, a Gouge, 2 Gimblets, 2 Hammers, and 2 Stones, the Goods of John Slack . An Ax, an Iron-square, a pair of Pincers, Chissels, and other Things, the Goods of John Lindsey ; and a Lock, 2 lb. of Nails, and other Things, the Goods of Richard Sparks , the 24th of April last.
The Prosecutors, who were Carpenter s, had been at Work at a House in Well-Close-Square . They left their Tools there on Saturday Night, and lock'd the Door; but when they came again on Monday Morning, the Door was open, the Lock taken off, and their Tools were gone. They could not Work without them, and so they went to the Alehouse; while they were there, the Prisoner Lightfoot came into a Hog-butchers Yard with 2 Axes, and an Iron Square, which he set down by a Tub, and went out again, without saying any thing. The Hog-butcher's Men at first thought that the Capenters were coming there to work; but seeing Lightfoot come again, and saunter about the Gate, one of them said, I believe that Fellow is a Thief, upon which Lightfoot curs'd and swore, and went off. When presently a Man came, and said, a Parcel of Carpenters Tools were stolen out of a House in Well-Close-Square. The Butchers went out, and saw the other Prisoner Spaule, in a Leather-Apron, and with a Nail
5. Mary Bradley , alias Brudenell , was indicted for stealing in the Parish of St. George Hanover-Square , a Silver-Spoon, and a Silver Nutmeg-grater , the Goods of Mary Ellis , Widow , the 25th of February last.
Ann Rose . Between 8 and 9 in the Morning, the Prisoner came to Mrs. Ellis's House in Grosvenor-Street , and order'd some Tea for my Lord Pembroke. She was left alone in the Room where the Tea-spoon and the Nutmeg-grater lay, and they were miss'd soon after she was gone.
Elizabeth Ellis . After I had lost my Goods, the Prisoner was taken up by my Ld Pembroke's Steward, for stealing a Lac'd-head, and when she was before the Justice I got a Warrant to search her Room in the Hay-Market, and there I found this Tea-spoon; she own'd that she had pawn'd a Nutmeg-grater.
Prisoner. The Spoon and Grater were my own, as well as a great many other handsome Things that I had about me, for I am none of your poor beggarly inferior sort of People. The Jury found her Guilty to the Value of 10 d.
5. Mary Bradley was a 2d time indicted for stealing in the Parish of St. James's Westminster , a Cambrick Head Laced, value 10 l. and a Laced Tucker, value 40 s. the Goods of the Right Honourable Thomas Earl of Pembroke , in his House , the 24th of Feb . last.
Catherine Fitz-Williams . On the Friday before the last Birth-Day, as I was at Work at Mrs. Laserre's, the Prisoner came in, and pulling this Brussel Lace Head and Tucker out of her Pocket, she ask'd Mrs. Laserre if she knew any Body that would buy it; she said the Price was 14 Guineas, and that she had it from Mrs. Weaver, my Lady Shelurn's Woman. Mrs. Peach, my Lady Pembrok's Woman hearing of it, came to Mrs. Laserre's, and said, her Lady had lost a Head. Mrs. Laserre sent me to the Prisoner to tell her that a Gentlewoman waited to see the Head, and if she liked it, and the Price, she might be a Customer. I went and fetch'd it, and Mrs. Peach said, she'd swear that that was her Lady's Head; she put it in her Pocket, and went with me to the Prisoner, who told her the lowest Price was twelve Guineas.
Catherine Peack . I went with Mrs. Fitz. Williams to the Prisoner's Lodgings, under pretence of buying the Head. I hear, says I, that you have a fine Head to dispose off; Yes, says the Prisoner. And what's the Price? Twelve Guineas. Will not Eight do? No. Then the Constable (who waited below) came up.
Prisoner. I went to see a Gentlewoman of my Acquaintance, who gave me the Head to dispose off for her. I knew of no Body so proper to apply to on that Occasion as Mrs. Laserre my Mantua-maker, and I told her who I had it from. Fitz-Williams has known me these five Years.
Fitz-Williams. Yes, I have so, and I can't say that I ever knew any harm of her before. She told me that my Lady Shelburn was dead, and had left all her Cloaths to her Woman, from whom she had this Head.
Hannah Williams . The same Day that the Head was lost, and a little before we miss'd it, the Prisoner came to my Lord Pembroke's House, and ask'd for Mrs. Peach, my Lady's Woman, and I directed her Upstairs.
Court, to the Prisoner. Have you any Witnesses ?
Prisoner. Yes, but I have had no Opportunity of sending for them. I happen'd to get
Court. Then you have broke Jail it seems. The Keeper had reason to take Care of you.
Prisoner. Broke Jail! No, I only went out.
Mr. Nichols. She made her escape, disguis'd in the Cloaths of a Woman who came frequently to her in Prison. She was taken up for another Felony, and we secur'd her in the Condemn'd Hold; but none of her Acquaintance were deny'd the Liberty of speaking with her. The Jury found her Guilty to the Value of 39 s.
6. Elizabeth Holms , alias Pratt , was indicted, and Mary Brudenell, alias Bradley, was a third time indicted for breaking and entring the House of James Jackson in White-Chappel Parish, on the 25th of April last, about Three in the Afternoon, his Wife Mary Jackson being then therein, and stealing a Silver Spoon, value 15 s. the Goods of a Person unknown; 3 Silver Thimbles, a Silk Handkerchief, a Cambrick Apron, and other Goods, and 3 Guineas, 2 half Guineas, and 35 s. the Goods and Money of James Jackson .
Mary Jackson . I keep a Linen Shop in White-Lion-street in Goodman's-Fields , one end of the Street comes into Rosemary-Lane. The Prisoners came to Lodge at my House for a Day or two, pretending they were going to Holland with Captain Allen, and only waited for the Ship's Sailing. They were recommended to me by Mr. Baily, my next Door Neighbour. About Noon I had Occasion to look in my Drawers, and I saw my Money and Goods were there. I lock'd my Chamber Door, and came down Stairs. The Prisoners lay in the next Chamber to mine. In the Afternoon a Man came to them from Mr. Baily's, and went and fetch'd a Coach; they came down, and paid me 5 s. for five Days Lodging, and then they all three went into the Coach, and one of them bid the Coachman drive to St. James's-street. About Ten at Night I went up to Bed, and opening the Drawer to put some Money in, I found I had been Robb'd. The Spoon I had lost was none of my own, I had lent 10 s. on it.
Mr. Baily. I keep the White-Lyon Alehouse. Thomas Maccartney (with whom I had some Acquaintance) brought the Prisoners to my House to get a Lodging for them. Bradley went for the Mistress, and Holms for the Maid. The Mistress had (as she still has) a sort of a scurvy Humour broke out in her Face; she said it came by a Surfeit that she got with Dancing, and that she was going for Holland, to try if drinking the Waters at the Spaw would do her any good. I could not spare Lodging-Room at my House for any more than Maccartney, and so I recommended the Prisoners to Mrs. Jackson for a Bed; but they used to eat and drink at my House, for which in 5 Days they run up 18 s. I saw no Money they had till just before they took Coach, and then Bradley gave me 2 Half-Guineas to take my Reckoning, out of which I did, and returned her 3 s. Maccartney fetch'd a Coach, and he and the 2 Prisoners went in, and Bradley bid the Coachman drive to St. James's-street directly. As it happened, I took so much Notice of the Coachman as to know him again; he wore a blue Coat; he was lame in one Foot, and his Shoe was cut to give it Ease. About 10 at Night, Mrs. Jackson came and told me she was robb'd, and I went next Morning in search after the Coachman, and at last I found him at the Saracen's Head in Camomile-street. I ask'd him to what Place he drove those two Women and the Man? he said at first that he did not care to tell me, because they had charged him not to let me know, if he happened to see me. But after a little Talk with him, he said, Well, Master, you look like a good honest Man, and if you'll give me a Pot I'll tell you. I call'd for a Pot of Beer, and then he told me, that when he had carried them a little way, they order'd him to drive to Billinsgate, where they took Water for Greenwich. I told Mrs. Jackson of this, she went with me, and we found out the Waterman who carried them, and went with him to Greenwich. He brought us to the Porter who had help'd them to a Lodging. Mrs. Jackson went to a Justice for a Warrant, and as she was coming back, Maccartney happened to see her, upon which he ran to the Waterside, took Oars for London, and escaped. We went to the Prisoners Room, and met with 'em both. We searched 'em, but could find nothing about 'em that Mrs. Jackson could swear to but this Shilling.
Bradley, the Prisoner. After I got out of Newgate. I met with Holms, and we went to a Friend's House, and enquired for a Lodging. A Woman who was there told us, that her Brother Macartney had an Acquaintance who kept an Ale-house, in White-Lyon-street, by Rag-Fair, at which House she believed we might lye; but when we came thither, there was not Room for us, but Mr. Baily, the Man of the House, provided us a Lodging at the Prosecutor's, who lived next Door to him. Mrs. Holms and I had agreed to go to Holland with Capt. Allen, but while we waited for the Ship's setting Sail, we happened to quarrel, and she threatned to tell Mrs. Jackson that I came out of Newgate, upon which I was resolv'd to leave that Lodging.
Court. Why did you at first order the Coachman to go to St. James's, and as soon as you were got out of the Prosecutor's Hearing, bid him drive to Billingsgate ?
Bradley. Because at first Mrs. Holms intended t o go to her Sister in St. James's, but soon after she chang'd her mind, and was willing to go with me. The Jury acquitted Holms, and found Bradley guilty to the Value of 1 s.
7. Mary Banister , alias Thompson, alias Simpson, alias Pickering , Wife of Richard Pickering , was indicted for stealing in the Parish of St. George Hanover Square , 3 Smocks, Value 55 s. a Gown, a Sheet, and a Pillowbier, the Goods of the Right Honourable Dame Dorrington Mountague; a Holland Smock, the Goods of Martha Ashford , and 2 Smocks, a pair of Stays, a Gown, a Silk Petticoat, a Silk Hood, a Suit of Head-cloaths, an Apron, 2 Handkerchiefs, and 2 Guineas and a half, the Goods and Money of Sarah Squib , in the House of Dame Dorrington Mountague , August 18. 1729 .
Sarah Squib. Last August was 2 Years, I was Servant to my Lady Mountague, and was left in the House, at Board Wages, to look after it. As I was sitting at the Parlour Window, Katherine Newman , a Neighbour (whom I always thought to be a very honest Woman) came and desired me to let a young Woman, just come out of the Country, lie with me for 2 or 3 Nights, till she could provide herself with a Place. I told her, I could by no means suffer any such thing, for People would say, that I let out my Lady's House in Lodgings when she was from Home. But Mrs. Newman would take no Denial, and so at last she over-persuaded, and brought the Prisoner. The Prisoner staid with me 2 Days, and in that time she told me as many Lies as this Court would hold, though I believ'd them all at first. She said that she had liv'd at 'Squire Goare's in Great Monmouth-street 3 Years, that her Father and Mother had kept the George-Inn in Northampton, but were lately dead, and had left all they had betwixt her and her Brother, who was Master of a Stage-Coach at the Brook-Bar in Holborn. There was not a Lady that past by the Window with any thing rich in her Dress, but this Creature told me that she had got such another. On the 2d Day she was with me, I left her within, and went out to St. James Market to get something for Dinne, I staid about 2 Hours, and when I came back I found her standing at the Door. She said, a Girl had been these to tell her of a Place, and she was going to see it, and desired me not to go to Dinner till she came back, but I never saw her impudent Face any more till she was taken up. I soon found she had robbed the House, and I went to enquire after her at 'Squire Goare's, but could hear nothing of her there. I was directed to one Mrs. Banister, with whom she had liv'd, and whose Name she took upon her self when she came to me. By her means I heard the Prisoner was gone to Service at Mrs. Duncan's Boarding-School at Islington; I went thither, but it was too late, she had lived there but 3 Weeks, and then was discharged. At last I found her at one Goddard's in St. Mary lx, where she had met with a Husband. I was told that she robbed Mrs. Kirby before she robbed me.
Katherine Newman . The Prisoner told me the same Stories as she told the Prosecutor, and I thought her an honest Country Maid, and therefore I recommended her to lie a Night or two with the Prosecutor.
Prisoner. I never was at the Lady Mountague's
James Goddard . I have known the Prisoner a Year, and trusted her in my House with valuable Things, for my Wife takes in Linen to wash for Ladies, and we never mist any thing The Girl has unhappily married the Son of a topping Man (Dr. Pickering of Tunbridge, who keeps his Coach and four) as soon as her Husband's Relations heard of it, he was turned out of Doors, and was forced for a Livelihood to draw Beer at the George-Alehouse in St. Mary Ax ; but he is lately gone Abroad.
Court. In what manner? Goddard. To travel as a Gentleman ; his Friends have sent him away to keep him from his Wife. The Jury acquitted her.
8, 9. John Osborn , and John Longmore , were indicted for assaulting John Elliot in an open Field near the Highway, in the Parish of Stepney , putting him in Fear, and taking from him a Hat, a Wig, a Coat, a Waistcoat, a pair of Shoes, and a pair of Buckles, and 5 d. in Money . the 10th of April last.
At the Prisoners Desire the Witnesses were examined apart.
John Elliot. On Easter-Monday at Night, about 10 o'Clock, as I was going from Stepney towards Shadwell ; I was followed by 4 Men, and in Sun-Tavern-Fields , one of 'em came up, flash'd a Pistol close to my Ear, and bid me stand, and presently the others came about me, searched my Pockets, and took out 5 d. robbed me of my Hat and Wig, stripped off my Coat and Waistcoat, and then pushed me down, and pulled off my Shoes. I was getting up again, when one who stood behind me, knocked me down, and the Prisoner, Osborn, whom I knew (for I had seen him 2 or 3 times before) stabbed me in the hand with a Knife, and then they went off, and I got up again, to Hopes they were quite gone; but presently I heard one of them say, Damn him, he knows I'll give him a home thrust; and then somebody came trip, trip, behind me, and turning about I saw it was Osborn. He stept up, and stuck me in the Breast with a Knife. I fell down, and so he left me again. Two Men came to me in a little while after, I was afraid they were some of the same Gang, who were come to see if I was alive still, so that when they called to me I made no Answer at first, but I soon found they were Friends, they took Care of me, and led me home.
Court. Do you know if Longmire was one of those that attack'd you? Elliot. I knew none of them but Osborn.
William Fleming . The two Prisoners, and Jemmy Tripland, and I were drinking at a House in Stepney, where the Prosecutor was drinking too; about 10 at Night he went to the Door, and we followed, though with no Thoughts of robbing him; for we had a Design upon another Man who was going over the Fields. But the Prosecutor sitting down upon the Bench at the Door with some others, he told them, that he had not spent all his Money yet, for he had enough left to pay for a Crown Bowl of Punch. Upon hearing this, we concluded that he was the fittest Man for our Purpose. It was not long before he got up, and went away in Company with 3 Men and 2 Women. We followed at a Distance till his Company parted with him, and then mending our Pace, we came up to him in Sun-Tavern-Fields and stapp'd him; we took some Half pence from him, and his Hat and Wig, and Coat and Waistcoat, and Shoes; we knock'd him down, and Osborn stabb'd him in the Hand, and so we left him, and were going quite away, but Osborn said, Damn him, he knows me, I'll go buk and give him another Stab; and so he did. As we were going off we met 2 Men who went towards the Prosecutor, I followed them as far as to where the Prosecutor lay, and asked what was the Matter, they said, Matter enough; a Man had been robb'd; and so I left 'em, and went again to my Companions. Osborn pull'd off his own ragged Coat, and left it in Stepney-Fields, and put on that as we took from the Prosecutor. His Wife afterwards sold the Coat and Waistcoat in Chick-Lane, but she would never tell us what she did with the Hat and Wig. I was apprehended first, and on my Information the others were taken up.
- Townsend, Constable. I found this Coat and Waistcoat at Macdowall's in Chick-Lane, he delivered them to me readily.
Court to Fleming. Which of you attack'd the Prosecutor first? Fleming. Tripland, and then I took his Money and his Shoes, Longmore took his Hat and Wig, and Osborn took his Coat and Waistcoat, but gave them Tripland to hold while he went back to stab the Prosecutor. Osborn. I never saw Fleming nor the Prosecutor in my Life, before I was taken up for this Robbery. Longmore. I came from on board a Ship but that same Night, and I had no Acquaintance with Fleming. Fleming. We were altogether at Stepney all that Day.
Elizabeth Longmore . My Son, Longmore, was mostly at Home all that Monday. Court. At what time was he at Home in the Evening? Elizabeth Longmore . I think he came Home about 7 or 8, and I don't know that he went out again that Night. Court. How came you to remember that it was the same Night as the Robbery was committed? E. L. Because it was Easter-Monday. Court. And where was he on Tuesday Night? E. L. I don't remember. Court. And why can't you remember one as well as t'other. E. L. I believe he might be at Home then too; but he is a harmless, half-witted, foolish Lad. The Jury acquitted Longmore, and found Osborn guilty of the Indictment. Death .
8, 9. John Osborn, and John Longmore, were a 2d time indicted for assaulting Joseph Allam in an open Field near the Highway, in the Parish of Stepney , putting him in Fear, and taking from him a Wig, a Cloth Coat and Waistcoat, a Woollen Waistcoat, a Shirt, a Pair of Holland Sleeves with Cambrick Ruffles, a pair of Shoes, a pair of Buckles, and a pair of Gloves, and 15 d. in Money , Apr. 12 .
10. And Mary Angel, Spinster, alias Osborn , Wife of John Osborn , was indicted for afterwards on the same Day, receiving in the Parish of St. George in Middlesex , a Cloth Coat and Waistcoat, and a pair of Gloves, part of the said Goods, knowing them to be stolen .
Joseph Allam. On the 12th of April, about 10 at Night, I was got pretty well in for't, and was going Home; and by the way I met some of these Gentlemen.
Court. What Gentlemen? Allam. The Prisoners. Court. Look at 'em, are you sure that they were any of the Gentlemen? Allam. No, I don't know who they were, but I was seduced by somebody or other that pretended out of Kindness to shew me a higher way Home, and when they got me into the Fields, they stripp'd me of my Coat and Waistcoat, and Shirt, and Wig, and Shoes, and Sleeves, but I don't know whether they took any Money from me, or whether I had any about me.
William Fleming . I and Jemmy Tripland, and Osborn and Longmore, met Moll James and Black Peg in Ratcliff-Highway; they shew'd us a Hat, and said they had just taken it from a Man that was drunk, and bid us go after him; we went, and the two Women with us, and they would fain have got him into a Baudy-house, at the Three Tobacco-Rolls and Sugar-Loaf , but we would not let them. Osborn knew the Man, and said, that he kept a Boarding-School at Poplar, and so telling him we'd take care of him, and shew him the nighest way Home; Osborn took him under one Arm, and I under the other, and led him into the Fields; Osborn thrust a Handkerchief into his Mouth, and then we two stripp'd him naked, while Tripland and Longmore stood at a Distance to watch, and then help'd us to carry the Cloaths to the Black-Boy in Well-Street , and there Osborn gave them all but the Buckles to his Wife, Mary Angel , alias Osborn (the other Prisoner) to sell for us; Longmore kept the Buckles himself, and he has them now in his Shoes.
Court. Let the Prosecutor see those Buckles.
Prosecutor. I can't swear to the Buckles.
Fleming. Mary Angel sold the Cloaths in Chick-Lane, but she sunk part of the Money, and gave us but 8 s. 6 d. for the Coat and Waistcoat, and 2 s. for the Shoes (they were Wooden-heel'd Shoes, and 1 s. she spent. We shared the Money equally, and had Half-a-Crown a-piece. Court. Four Half Crowns are but 10s. and you say she gave you 10s. 6d.
Fleming. Then I mistook 6 d. she gave us but 8 s. for the Coat and Waistcoat. I made the Discovery the last Day of last Sessions, and sent for the Prosecutor.
James Tripland . We met the Prosecutor in Ratcliff-Highway, Fleming and Osborn pretended to be his Friends, and led him into the Fields and suppos'd him, while I and Longmore stood at a lift Distance to watch. We carried the Things: the Black-Boy in Well-street, where Osborn gave them to Angel, and she sold 'em, and gave us 6 s. for the Coat and Waistcoat, and 2 s. for the Shoes. The Cloaths were worth Half-a-Guinea, but she sunk the rest of the Money. We divided the Money, Share and Share alike, and had Half-a-Crown a piece.
Court. What out of 6 s. and 2 s? Tripland. Six Shillings! No, I believe it was 6 s. 6 d.
Court. And that with the 2 s. makes but 8 s. 6 d. how then could 4 of you divide Half-a Crown a-piece? Tripland. A Mistake of 6 d. will break no Damage. Court. But Fleming says it was 8 s. she gave you for the Coat and Waistcoat. Prisoner Osborn. Tripland was convicted here and transported 5 Years ago, by the Name of James Ogborn . Tripland. 'Tis no such thing; I sold my self indeed 7 Years ago at the Black-Boy on London-Bridge.
Osborn. I own I am guilty of the Fact, and desire to dye for it; but Longmore is innocent.
Prisoner Longmore. I was on board a Ship when the Fact was committed. Court. Call your Witnesses to prove it. Longmore. The Ship is now failed, and my Witnesses are in it, but I have some to my Reputation.
Edmund Newsham . I have known him ten Years, he and his Mother lodg'd in my Room; I never heard any Ill of him, he always kept good Hours, and had the Character of an honest, just Man. Court. Did you never hear that he was committed for a Robbery before this? Newsham. Yes; he was sent to New-Prison once on Suspicion of a Robbery, but no Body appeared against him. Court. And yet you could swear that you never heard any Ill of him.
Fleming. When Osborn gave the Coat to Mary Angel it was a little bloody, and she wash'd it before she sold it, and chaulked the Wig. She gave us 6 s. at first, and then 3 s. and afterward, 1 s. more, which she told us she had sunk. Court. You said before that she gave you 8 s. at first. Fleming. That was because she paid 2 s. for the Reckoning. The Jury found Osborn guilty of the Indictment. Death . Longmore guilty of Felony only , and acquitted Angel.
11. John Longmore was a third time indicted for assaulting Joshua Panton , in an open Place, near the Highway, in Whitechapel Parish, putting him in Fear, and taking from him a Silver Watch, value 3 l. and 4 s. 6 d. in Money , April 20 .
Joshua Panton . On the 20th of April I went to Mile-End with half an Anchor of Brandy, and as I came back over Whitechappel-Fields , in that Field where the Windmill stood formerly; the Prisoner came up and asked me, if I was paid for my Jobb? It was then near half an Hour after Eight in the Evening. Presently several Sticks were about my Ears.
Court. Several? Panton. Yes, I was attacked by three or four Men. Court. Did the Prisoner strike you? Panton. Yes, he struck me first, and several times afterwards, and the others laid me on as well as he, but don't know any of the others; I made what Resistance I could, upon which one of them swore, Damn him, Does he Rebel? Cut his Eyes out. At last I was knock'd down, and lost my Watch and 4 s. 6 d.
Court. Which of them took your Watch and Money? Panton. I don't know, I was fast. Court-Fast ? Panton. Yes, I had no Senses left, I lay upon the Ground like a dead Calf. Court. Was it dark? Panton. No. Court. Was it Moon-Light? Or were there any Lamps? Panton. Neither, but being in the open Field it was Light enough, I could see his Face as plain as I do now, and he own'd the Money before Justice Philips, but said he knew nothing of the Watch; and that if there was a Watch, his Companions had sunk it from him. Sunk is a Term of Art among them for conceal'd.
Mr. Philips. When the Prosecutor was before me, he said he believ'd the Prisoner was one of them, but was not positive. He described the Prisoner to be such a sort of a Man, but could not then swear to him directly.
Mr. Philips. The Prosecutor is a little mistaken in that particular, I did not say that the Prisoner told me that he had the Money, but that one of the Gang, who was in Newgate, told me, that the Prisoner told him that he had the Money.
Samuel Case . As I and the Prosecutor were going together on the 21st of April, he saw the Prisoner standing in the Street, and said to me, That's the Man; and so we took him up, and charged a Constable with him.
Prisoner. I work'd on board a Ship from the 16th to the 25th of April, and came Home every Night.
James Cunningham . He is an innocent foolish Boy, but I never heard that he was guilty of any other Misdemeanour. Two or three other Witnesses swore that they knew no harm of him. The Jury found him Guilty . Death .
12. Robert Roberts , alias Robertson , was indicted for breaking and entring the House of Henry Watkins in Shoreditch Parish, and stealing a Feather Bed, a Bolster, a pair of Sheets, a Porridge Pot, a Pewter Dish, a Plate, two Sauce-pans, three Candlesticks, a Chasing-Dish, a Pepper Box , a Drudging Box, a Bottle, and two Handkerchiefs, April 26 . about the Hour of Two in the Night-time .
Henry Watkins. I made fast my Doors and Windows about Ten at Night, and went to Bed. I was called up between Four and Five next Morning, and found my back Window was broke so as a Man might get in. My fore Window-shutter was unbarr'd, and the Casement open. I miss'd my Goods. Mr. Brown afterwards inform'd me that some such Goods as I had lost had been offer'd to Sale in the Neighbourhood by the Prisoner. I got a Warrant and searched the Prisoner's Lodging. I found these 2 Handkerchiefs in his Pocket; my Bed, and these two Plates in his Room. On farther Information, I found more of my Goods in Hog-lane, where they had been sold by the Prisoner.
Prisoner. I own that I had these Goods, but I knew nothing of their being stolen, for as soon as I waked in the Morning, I found 'em all in my own Room.
Court. You had extraordinary Luck ! But how happen'd it that you never enquir'd who they belong'd to? Prisoner. I thought they had been my own. Court. Your own? And how did you think you came by them? Prisoner. My Wife deals in such Things. She and I had some Words over Night, and so she ran away from me, and I thought that she had left them behind her.
Constable. I found this little Saw, and this stubbed Knife in his Pocket. The Jury found him Guilty . Death .
13 John Wakelin was indicted for breaking and entring the House of John Richards , in the Parish of St. Margarets Westminster , and stealing 64 Guineas, a half Board-piece, val. 11 s. 6 d. a Leather Pocket, value one Half-penny, and 2 Mole-skins of no value, the 23d of February last, about the Hour of 9 in the Morning, no person then being in the House .
John Richards. I live in Ship-Yard in Petty-France, Westminster . On the 23d of February, being Ash-Wednesday, about 9 in the Morning, I made fast my Door, and went out with my Wife to Leaden-Hall-Market, leaving no Body in the House. I return'd about Noon, and found my Back-Door open, and the Staple was forced off, my Drawers were broke, and my Money which I had left in these 2 Mole-Skins was gone. I suspected the Prisoner, having heard that he had broke open a House before. I went to an Alehouse that he frequented, and was told, that he had that Morning chang'd half a Guinea there, to pay a Crown that he had scor'd, and that he had hir'd a Hackney-Coach to carry him to Highgate. At Highgate I met a Man that went in the Coach with him, and he told me that the Prisoner gave the Coachman a Guinea. I heard of him all along the Road to Hackney-Common, and that from thence he went in a Waggon for Bigglesworth in Bedsordshire. I follow'd him thither, and heard that he had given a Guinea for a Horse to Eston, which is 7 Miles. I got to Eaton early on Friday Morning, and
William Dulley . My Man drove the Waggon that the Prisoner went in from Barnet to Bigglesworth, the Prisoner had almost killed him; he had given him 19 Pints of Wine and a Hot-pot. I was with the Prosecutor when he took the Prisoner, about 2 o'Clock on Friday Morning at the Cock at Eaton. The Prisoner gave him some Money, and said, that there was all that was left. The Jury found him guilty . Death .
14. Edmund Cheesborough was indicted for forging a promissary Note for 50 l. dated July 2d, 1731, and payable 6 Months after Date, to Thomas Olivant or Order, by Richard Brumton ; and an Indorsement on the said Note in the name of Thomas Olivant, and afterwards indorsing his own Name thereon, and publishing the said Note so indorsed, knowing the same to be false and counterfeit, with an intent to deceive and defraud Stephen Prue , and unjustly to charge Thomas Olivant with the Payment of 50 l. to the great Damage of the said Thomas Olivant and Stephen Prue .
Stephen Prue, on the 22nd of August last, Matthew Warren (whom I had some Knowledge of) came and told me, that a Friend of his who was going to Dun'irk, wanted a parcel of Goods in my Way. I asked him how his Friend propos'd to pay for'em. Here's a promissary Note (says he) of Mr. Brumton's, payable to Mr. Olivant at six Months, and Mr. Olivant has indors'd it; they are both good Men, they belong'd to the Exchequer. I told him I would take the Note in Payment, if I could be satisfy'd that it was good. He said he'd leave it with me, and I might make Enquiry; and so he did. I went to the Exchequet, and enquired of one of the Clerks there if he knew Mr. Brunton and Mr. Olivant. He said, Yes. I told him I had a Note of theirs for 50 l. If it was for 500 l says he, your Money would be safe, for they are both very good men. I asked him if I could see either of em? He said No they were both out of Town. I asked him, if he knew their Hand Writing? He said, No. And so I return'd home. Warren came again, and the Prisoner with him. I asked Warren [aside] how the Prisoner came to have this Note of Mr. Olivant? Why, says he, When Mr. Cheesborough was in his Prosperty he lent Mr. Olivant a considerable Sum of Money; and now in Gratitude. Mr. Olivant has lent him this Note. As Mr. Cheesborough is going to Sea, he's very much straiten'd for Time; and a short Delay now will be a great Hindrance to him: And therefore I must desire you to come to a resolution as soon as possible. Upon this I let the Prisoner have the Goods, and he indors'd the Note with his own Name. Two Days afterwards, having some Business at Whiteball I called at the Exchequer and met with a Friend of mine, whom I could not find when I was there before. He brought me to a Gentleman there, who (when I shew'd him the Note) told me, that I was impos'd on, that the Note was neither writ nor indors'd by either Mr. Brumton or Mr. Olivant, and the Writing was quite different from theirs. And then he shew'd me their Writing in some Books. Upon this I procur'd a Warrant from Sir Richard Brocas , and went in search after Warren and the Prisoner. Warren was sled, but I met with the Prisoner at the seven Stars in Rosebary Lane, on the 26th or 27th of November. As I came back with him in a Coach, I said to him. You could not well do this alone, you must have some Accomplices. And, says he, I know I shall be hang'd, I must own that the Note is counterfeit. Matthew Warren and I, and one more were concern'd in drawing it up. This is the Note.
Court. Let it be read.
Clerk of the Arraigns reads. July 2. 1731.
I promise to pay to Mr. Thomas Olivant or order the Sum of fifty Pounds, six Months after Date, for value receiv'd.
L. 50 - per Richard Brumton.
At the Exchequer
Indors'd Thomas Olivant
Prisoner. Warren came to me, and desired me to indorse the Note. I refused several times; but at last I consented; he said he wanted some Goods of the Prosecutor, who would not take it with his Indorsement. Mr. Pru. said, he would enquire about the Note and after he had made enquiry, he accepted the Note on my Indorsement. But I never had the Goods, for Warren went off with them all, and I lost Money by him besides.
Court to the Prosecutor. You say, that Warren apply'd to you first. Did he apply for Goods on his own Account, or on the Prisoner's?
Mr. Prue. He said the Goods were for the Prisoner; I delivered none for Warren's Use. but all for the Prisoner's. The Prisoner gave me the Note, and indors'd it with his own Name, and told me, that he was going Abroad. He indeed desir'd Warren to look out the Goods; for he said, that he himself did not understand 'em. As to the Prisoner's not having the Goods, I have heard indeed that Warren was too cunning for him, and got the Goods from on Board the Ship, with other Goods of the Prisoner's, to the Value of 7 or 8 l. The Prisoner was to have been try'd last Sessions, but he broke out of Newgate, and went to Carlisle, from whence he was brought back by a Habeas Corpus. The Jury found him guilty . Death .
But the next Morning he was found hanging in his Cell, and so he avoided receiving the Sentence that was on the Monday following pass'd on the others capitally convicted Criminals.
15. William Woolcott , alias Williwick , and Henry Barns were indicted for assaulting William Pardon on the Highway, in Whitechapel Parish, putting him in Fear, and taken from him 2 Keys, a Hat, a Wig, and 5 s. 10 d. in Money , April 5 .
William Pardon. Between 10 and 11 at Night, at the End of Red-Lion-Street, in Goodman's Fields , I saw 4 suspicious Fellows on the opposite Side of the Way; they cross'd towards me. I went into the middle of the Street, and began to run, in hopes to avoid them; for I had but 4 or 5 Doors farther to go; but I happen'd to fall, when immediately one of them got upon me, and the others about me; they cut me on the Head in several Places. You may see the Scars. I struggled and struck at them with my Hand, and (when they kept my Hand down) with my Foot. They took from me my Hat and Wig, 2 Keys, 5 s. and about 6 Pennyworth of Halfpence ; and then leaving me in a very bloody Condition, they vanish'd, as I thought all at once, and I made shift to get home. The Assault was so sudden and the Abuse so great, that I could not take so much notice of them, as to know them again. I was afterwards sent for by a Justice of Peace, on an Information given by James Tripland .
James Tripland. I and James Stratford , and the two Prisoners committed the Robbery. As the Prosecutor began to run, I set my Leg before him, and threw him down, and then I hit him a knock on the Head with a Broomstick, and Barns gave him another; we held him down, and Wolcott and Stratford rifled him. We sold the Hat and Wig for a Crown to Nell Wilford , who is now in Jail (for stealing the Goods of James Bromly ) she's one that buys stolen Goods, and sells 'em in Rag Fair. This 5 s. and 6 s. 5 d. Halfpenny, that we took from the Prosecutor was equally divided among us four.
William Atly . On Tripland's Information, I had a Warrant to take Barns, and found him. He said he had committed several Robberies, but believed he was in no Danger, because the People (his Comrades) were in safe Custody, and therefore he fear'd no body.
Barns. I was taken on Chetwin's Information, and not on Tripland's ; I never was in Tripland's Company in my Life.
Tripland. Yes. but he has many a Time; we have often gone together to Shops to steal Money Boxes. and Sugar Loaves, and such kind of trifling Things.
Francis Weaker . I was with the Constable when Barns was taken, and carried before Alderman Brocas and Mr. Justice Phillips, he own'd he had been in several Robberies but said the People were safe in Jail. I asked him if he knew James Stratford ? He said, no; but by and by he said he was playing at Skettles with StratfordJames Stratford ? O, says he, that was another Man of the same Name.
Barns. I was at Home at my Mother's when the Robbery was committed. Tripland swore he would hang me if there were no more Men in the World. He was Transported 4 or 5 Years ago by the Name of James Ogden ,
Court. If you could produce the Record of his Transportation, it might be of some Service to you. The Jury found them both Guilty . Death .
16. John Dunstan was indicted for breaking and entering the House of William Simmonds in St. Sepulchres Parish, and stealing a Saw, a pair of Nippers, a pair of Players, a pair of Compasses, a pair of Scissars, a Brush, a black Lead Pencil, a piece of Mother of Pearl, a small Wooden Pully, 12 Sets of inside Ivory Fan Sticks , 12 Sets of outside Ivory Fan Sticks, 3 engraved Copper-Plates, and 2 pair of Shoes, the Goods of several Persons, the 19th of this Instant May , in the Night .
William Simmons. I live in Brown's-Court, in the Little-Old-Baily . There is an empty House next to mine: My Garret-Window was broke open about 2 in the Morning, and the Goods taken away. The Garret-Window of the empty House was found open too, and so was the Kitchen Window below. Thereupon we concluded that the Rogue must get in that way, and the Prisoner having been lurking in that empty House 2 or 3 Nights before, we suspected him to be the Thief, and upon search he was taken a selling a pair of Shoes in Field-Lane the same Day, and several of the Goods were found upon him.
Michael Wharton . The Prosecutor is a Fanstick Maker , and I mend Shoes, I am his Tenant, and lodge in the Room under the Garret that was broke open. About Two in the Morning I heard a Noise over my Head, and thought my Landlord was got up to work betimes (for he works in the Garret, and so do I too) I did not rise till Five, and then going into the Garret, the first thing that I miss'd was my Knife, and then these Shoes. I calls up my Landlord; Landlord, says I, I have lost my old Shoes, I am ruined! He looks about, And so am I too, says he. We presently thought the Fellow that had lain in the empty House was the Thief. And so away goes I to Field-Lane, for you must note, that when these Fellows steal Shoes, they sell them in or about Field-Lane or Rag-Fair, but Boats they carry to Charing-Cross. As good Luck would have it, I soon met with my Chap at one of those Shops, where they Vamp up old Shoes; he was offering one of these Pairs to Sale, but I suppose he would not offer the other Pair for fear of being suspected, for I had sky'd the Soles, ready for new soleing. I collar'd my Gentleman; he immediately said, if I would go to the Alehouse he would make every thing easy. I told him I would not compound Felony, I was going to search him, but he himself took these 2 pair of Fare-sticks, this pair of Nippers, this Pully, and Knife and Brush out of his own Pockets; and this Saw and 2 pair of Shoes we found in the empty House.
Thomas Barber , Constable. When I was charged with the Prisoner, he said, if we would but have Patience till his Sister came, he would impeach his Accomplices; but when he came before the Justice, he said, no Body was concern'd but himself. At another time he said, that he lay in the empty House all Night, and that 2 or 3 Fellows came and robbed the next House, and dropp'd the Goods in the Yard.
Prisoner. Did not you see 3 Men go up the Yard between 2 and 3 o'Clock in the Morning, and ask the Watchman if he had not seen a Calf run in there? Barber. No.
Prisoner. Did not the Watchman tell you that 3 Men came up to look for a Calf?
Barber. I heard some Talk about a Calf, but to the best of my Remembrance I understood it to be only an idle pretence of the Prisoner's, and that it was he that said it, and not the Watchman.
Mr. Shaw. Such a thing might happen, for Calves are driven to Smithfield at all Hours of the Night.
17, 18. Edward Spaul , alias Spaw (was a 2d time) and Michael Shaw , were indicted for breaking and entring the House of Elizabeth Webb , in White-Chappel Parish, and stealing 2 Porridge-pots, 2 Sauce-pans, 1 Srew-pan, a Waistcoat, 3 Aprons, and some old Rags, April 21 . between 11 and 12 at Night .
Elizabeth Webb . I live in Goodman's-Yard in the Minories , I have a Wash-house joining to my Dwelling-house; I went to Bed about 10 at Night, and left every thing safe; but when I got up in the Morning, part of my Wash-house was untiled; I believe there might be 12 or 14 Tiles taken off; I lost 2 Porridge-pots, 2 Sauce pans, a Srew-pan, a Waistcoat, 3 Aprons, and a Bundle of Linen Rags, which was put in one of the Pots. The outside Rag (in which the others were wrapt) was a Rag I had used about the House so many times, that I knew it to be the same I had lost as soon as I saw it. I found it again (and it was all that I found) at the Prisoner Warfield's House, in a back Lane by Rag-Fair, over-against the Hog-house.
James Tripland . I was drinking with Spaul and Shaw, at the Black-Boy in Well-street, till 11 at Night, and from thence we went together into Goodman's-Yard; there was a Place pailed in, where some Houses were building; Shaw got over the Pails, and then handed a Ladder over to us, by the Help of which we got over too, and pull'd the Ladder after us, and raised it up against the Side of the Dwelling-house. Our first Design was to steal Lead, but it stuck so hard, that in pulling it up, some of the Mortar sell thro' into the Wash-house upon the Brass Porridge pots, which we perceiving, we thought the Pots would be a better Booty than the Lead, and so we untiled Part of the Wash-house, and put the Ladder in, and Spaul went down, and brought the Goods up to us. When we had got what we thought convenient, we haul'd the Ladder up, and set it again against the Pails: Spaul went over first, and I and Shaw handed the Things to him, and then followed; we carried them all to Warfield's House; her Husband keeps a Smith's Shop, but I have no Acquaintance with him. We knock'd at the Fore-Door, and a Man within (I don't know who he was) bid us go to the Back-Door, which we did; you go down Steps to the Back-Door. Sarah Warfield open'd it to us; I and Shaw handed the Things down to Spaul, and he gave them to her.
Court. Had you any Light? Could you see her Face? Tripland. Yes, there was a Candle on the Steps, and I knew her before. At 7 the same Morning I was taken up at the Black-Boy in Well-street, and sent to Newgate; and that Afternoon Spaul and Shaw came to me there, and gave me 3 s. 6 d. for my Dividend, and told me, a Groat more would have come to my Share, but they were oblig'd to spend 1 s. at Warfield's House when she paid 'em the Money. From Newgate I was remov'd to Clerkenwell, when I was made an Evidence. A Warrant was afterwards granted to search Warfield's House, and I went thither with an Officer.
Court. Did you find any thing? Tripland. No. Court. Was the Prosecutrix there then? Tripland. No, she had been there before.
Prosecutrix. I went by myself, and picked out a Rag that was mine from a Heap of other Rags that lay in a Corner of the Room Up-stairs, and every thing look'd so miserable, that I did not expect to find any thing else there that belong'd to me. Court. Have you got it here? Pro. No, they said I should but be laughed at for bringing such a thing hither. Court. They were mistaken, it was very proper to be produced, if you could swear to it. Pro. Yes, that I could safely, I knew it in particular; for I had dry'd my House with it many and many a time.James Rolfe went thither directly; when we came to the Door, to prevent Suspicion, I hipp'd to Rolfe, who, on purpose, walk'd at a little Distance from me, and told him he ow'd me a Dram; we went in, and call'd for a Quartern, and after that, for another. The Prisoner was then there, and several others, he answer'd the Description that Lightfoot had given me; but I was not sure that it was he. By and by one of the Creatures call'd him Mick! Mick ! says I, what have I got a Name sake here? My Name is Mick too, here's to you Namesake sure we are not Namesake's in the Surname too? My Name is Michael Hodson ! No, says one, his Name is Michael Shaw ; then I found I was right. Soon after this he went and sate in one of the Womens Laps, and said, Give me a Kiss, for I am a going, and having kiss'd her, he went out. I paid my Reckoning, and said, I must go too; but when I came into the Street, he was got out of Sight. I went in search after him, till I was weary, and was returning home, when accidentally I saw him again, he perceiving I took Notice of him, ran down Blue-Anchor-Yard, and I after him; but he was so faint with running, that he drop'd down by the White-Swan Alehouse, and there I took him, and then Webb came up to me.
Shaw. I never saw Tripland but two or three times. I was taken on Lightfoot's Information, but when Tripland heard of it, he charged me with this Robbery.
Spaul. I was taken with Lightfoot, and as soon as Tripland knew it, he swore he would hang me if I had a thousand Lives.
Shaw. Fleming told me that he himself was concern'd in this Burglary along with Tripland.
Fleming. No, I said I saw Tripland in the Evening, but where he went afterwards I cannot tell, for I was in Prison then.
Justice Philips. Shaw, as he says, was not taken up for this Burglary, but on Lightfoot's Information, for breaking a House in Petticoat-Lane.
Michael Hodson . I have known Sarah Warfield these 14 or 15 Years, she bore an honest Character, and I never heard that she was suspected of buying stolen Goods, nor do I think she would be guilty of such a Thing
Fleming. I have heard Tripland say, that the Goods were sold in Petticoat-Lane.
Court. Tripland don't say now that they were sold to Sarah Warfield , but that she receiv'd them. He tells you, that he was taken up by 7 o'Clock the same Morning, and that in the Afternoon, Shaw and Spaul brought him 3 s. 6 d. for his Share.
Justice Philips. Tripland told me, when I granted a Search Warrant, that he hardly expected to find any of the Goods at Warfield's, for it was her Custom to carry 'em out of the House, and sell them as soon as she receiv'd them.
Fleming. Tripland told me, that when they carry'd the Goods to Sarah Warfield's House, he did not see her, but only her Husband.
Tripland. Where did I tell you so? Fleming. At Bridewell. Tripland. I never said any such Thing. The Jury found Spaul and Shaw Guilty . Death . And acquitted Warfield.
20. Joshua Floyd , was indicted on the Coroner's Inquisition, for feloniously slaying, in the Parish of St. Paul's Convent-Garden , John Urly , aged 9 Years, by driving 2 Horses, Harness'd to a loaded Dray, whereby the said John receiv'd one mortal Bruise in the Head, of which he instantly dy'd , the 28th of April last.
The Child was sitting at a Bench, when the Prisoner came along with a Dray, which he drove so close to the Houses, that the Off-wheel broke down the Bench, and wedged the Child's Head up against an Iron-Grate; the Blood gush'd from his Neck, his Nose, and Eyes, and he dy'd on the Spot. Guilty .
21, 22. Robert Head and John Marsh were indicted for stealing 2 Shirts, the Goods of Richard Tireman , 3 Aprons, and a Handkerchief, the Goods of Elizabeth Hide , the 28th of April last. The Jury acquitted Marsh, and found Head Guilty to the Value of 10 d .
23. John Spindle was indicted for stealing a Feather Bed, 2 Pillows, a Quilt, a Coat, a Waistcoat, a Jacket, and 2 Cotton Shirts, the Goods of Benjamin Cook , in the Ship call'd the Isabella , the 29th of April last. Guilty 10 d.
29, 30, 31. Henry Defoe , Abraham D'angre , and Daniel Defoe , were indicted for assaulting Owen Plumstead on the Highway, putting him in fear, and taking from him a Hat, a Wig, a Brass Tobacco Box, a pair of Shoes and Buckles, and 15 d. in Money , the 14th of this Instant May .
David Wood . I was lock'd out o'Saturday Night, I met the Prisoners in Hare-Street. They ask'd me to take a Walk, and when I had gone a little Way, Harry Defoe pull'd out a pair of Shoes, and said, Will you buy these Davy? No, says I, and then he pull'd off his own old Shoes, and threw them away, and put the other Shoes on; soon after, we met 3 young Fellows, whom we knew, they talk'd with us a little, and bid us good Night, and the Prisoners and I turn'd up Hare-Street again; says Daniel Defoe , Here's a Man asleep, let's see if he has got any Money. And then D'angre put his Hand in the Man's Pocket and took out 3 d. I saw no more, and this was between 1 and 2 in the Morning; I speak nothing but the Truth before God Almighty. Then we went to drink a Dram, and I left 'em in George-Street.
Philip Morean , Hugh Mason , and James Mae . As we were going along Hare-Street between 1 and 2 in the Morning, Daniel Defoe pass'd us, look'd us in the Face, and went forward; he knew us all, a little way farther, a Man was lying drunk in the Street. Daniel stopp'd when he came to this Man, and cry'd, Hey! God darm ye! what do you I where for? He had hardly spoke, when 2 Men on the other side of the Way, cry'd, Hip! and he went over to 'em. We went to the drunken Man to see if we knew him, but we did not. He then had on his Hat and Wig, and his Shoes too. to the best of our Remembrance, but we will not be positive. We went a-cross the Way to see who they were that hip'd to Daniel, we knew them all four; they were the 3 Prisoners, and David Wood . They began to pick a Quarrel with us, upon which we left 'em, but suspecting that they had, some design upon the drunken Man, we stood at a little Distance and watch'd 'em, we saw 'em all go to him, and rifle him, and then go off. When they were gone, we went and raised him up, and waked him; his Hat, and Wig, and Shoes were taken away, and no Body had been near him but the Prisoners, and Wood, from the time we left him, till we came to him again. We ask'd him if he knew who had robb'd him? and he said, No. They are all Weaver s in Spittle-Fields , and the 3 Prisoners were taken about 5 o'Clock that Morning at a Brandy-Shop in Winsord-Street.
Several Witnesses, most of them Weavers, appear'd in behalf of the Prisoners, and swore they knew no harm of them before this time; and the Prosecutor being asleep, and consequently not put in fear, the Jury found them Guilty of Felony only .
John Maxey. Going along Lime-street, I saw the Prisoner and another standing at Pewterer's Hall-Gate, and humming a Song, I look'd at 'em by the Light of a Lamp, and did not like 'em. As I pass'd 'em, one of them said, Shall us go? And the other answer'd, Yes. They follow'd me, and in Fenchurch-street , one of 'em took hold of me, and clapp'd his Hand to my Mouth, and then the Prisoner snatch'd off my Hat and Wig, and went off; but presently return'd, and said to the other, whom I held fast, Damn you, why don't you come along? and he answer'd, That I would not let him. Then the Prisoner stabb'd me in the Hand, and knock'd me down. The Prisoner was afterwards sent to Newgate, on Suspicion of stealing
Prisoner. I am as innocent of the Fact as your Lordship is. The Jury found him Guilty to the Value of 10 d.
36. Edward Nash was indicted for breaking and entring the House of Robert Barker in St. Sepulchres Parish, and stealing a Pewter Dish, a Pewter Spoon, and an Earthen Porringer, April 23 . about 10 at Night . Acquitted .
40. Joseph Robinson was indicted for stealing in Aldgate Parish 4 Silver Spoons, 4 Silver Salts, 3 Silver Casters, and 2 Handkerchiefs , the Goods of Judith Wood , May 22 . The Prisoner, who is a Waterman , was hired to carry the Goods from Burr-street to the Unicorn in Fleet-street , but never delivered them. The Jury found him Guilty .
41. William Beat was indicted for stealing a Bed and a Blanket, the Property of Persons unknown; and 2 Hammers, a Bag, 36 lb. of Beef, and 16 lb. of Pork, the Goods of Richard Robinson , May 6 . Guilty 10 d.
42. Stephen Guy was indicted for assaulting Robert Johnston on the Highway, in the Parish of St. Margaret's Westminster , putting him in Fear, and taking from him a Silver-hilted Sword, the Goods of Thomas Stone , Gent . May 11 . And
43. Hannah Wallis , alias Guy, alias Palmer for receiving the same, knowing it to be stolen . She was a second time indicted for privately stealing an Ivory Snuff-box, value 7 s. 6 d. the Goods of William Porrester , from the Person of Robert Johnston , May 10 .
Robert Johnston. My Moather-in-Law is an and Woman, and lik your Loardship, and I went with her tull Bellinsgat to see her tack Water for Datford. I drank a Mug of Ale at Bellinsgat, and saw came back tull Wastminster, and then it was 11 a Clock at Night. I caud in at William Taylor 's Hoose at Charing-Cross for a hauporth of Snuff. Will ye tack a Dram, Sir, says Taylor? I donna care an I do, Sir, says I, for I am a lattle out of Oarder. And what shall it be, Sir? says he; Why e'en what ye will your sell, Sir, says I, and so he fell'd me out a Glass of Rum. And what is to pay now, Sir? says I; Not a Farthing, Sir, says he, for I taud ye I wad give ye a Dram. Then it shanna go bare-ars'd, Sir, says I, Let us have a Quartern of something that you like best; I think, Sir, says he, that a Dram of Anniseed is as bealing as any thing; then let it be Anniseed, sir, says I. And so I went into a lattle back Place where the Soldiers leave the Arms, and Hannah Wallis , the Prasoner at the Bare, came and sat on the Table by me. Now, Sir, says she, Wanno ye give me a Drom? No, says I, I have just now tacken one. Well, Sir, says she, if you canno drink your sell, I can. And then Taylor came with the Anuiseed, he fill'd a Glass and drank to me, and sat the rest upon the Table, and went away again to some Customers in the Shop. Then I tuck out my Box to tack a pickle of snuff, and put it intull my Pocket again, and she see where it was; and while I reach'd over the Table to fell a Glass, she packt it out of my Pocket.
Court. Did you see her take it?
Johnston. No, my Loard, I donna see her tack it, but she want awa prasently, and I mist it the Minute she was gone. And I caw'd out to Taylor, and he run after her, but when he came back, she said, I cou no catch her, but I know her well enuh, and that Soldier Stephen Guy (the other Prasoner) belongs to her, he goes for her Husband. Then says Guy to me, If you'll give me a Shilling, I'll get it you again to Morrow. That I will, Sir, says I, and I will leave the Money with Mr. Taylor, for I wou no lose the Box, because it is none of my own, and I will give you a Dram now; so I call'd for a Dram, and then says Guy, if you will go with me now, I will carry ye to her, for I ken where she is. As I was going out, Mr. Taylor said, Hauve a care of your Sword, Mr. Joanston. Donna you fear that, Sir, says I, my Sword is sause anab, andHannah Wallis , but Guy desired me to lat it alone till to Morrow, and the aud Woman a-Bed had us not mack a Noise. I tuck her for an aud Woman, but I kenna whether she was a Woman or no, for I did no search her. While I was talking with Guy, Wallis got out of Door, but I prasantly tuck haud of her, and caud oot for the Watch, but no Body came. I carried her along the Street, and Guy follow'd us. I anks'd him what he wanted, and he sad, Sir, I donna want her from ye. Then we came to a wide place, I think ye can it Broken Cross. Aboot 3 a Clock in the Mourning, and there Guy run up against me, laid hand of my Sword, and tore it awa, so that he brock the Belt, and then he tuck to his Heels. The Woman wad a gone awa too, but I wad ne lat her ; says I, You will gang along with me, or I will trail ye by the Leg, and he daum'd to ye. And so I got her back again to Mr. Taylor's Shop, and caud him out of Bed. What is the Matter with you now, Sir? says Mr. Taylor Eloard , Sir, I have been roab'd of my Sword, says I; and wha has taken it from ye, sir, says he; why, that Fallow, Sir, says I, that pratanded to get my Box for me, kenye what his Name is? O give me a Pan and Ink, and I'll sat ye doon his Name, and what he may find him. So she tuck a Pan and Ink, and sat down a Name. Why, says Taylor, that's the wrong Name, his Name is Stephen Guy, and he belongs to Major Guy's Regiment, he'll mount Kensington Guard to Morrow. But hand your Peace, Maister Joanston, donna ye speak a Word of this Maiter, for an ye do, he'll gang awa, and the Deel canno catch him; he has been in Newgate already, and he wonna like to come here again; but an ye mack no Noise it is tan to one an ye donna see him come strauling this way by and bye. Then I auks'd this Hannah Wallis for my Box, and she taud me an I wad give her a Shilling I wad have it again. Let me see it then, said I; No, says she, I will have the Money first. So I ding'd the Money doon upon the Goonter, and then she put her Hond intull her Bosom, and tuck out the Box. About 4 a Clock Stephen Guy came by the Door, and Taylor punch'd me, and said, There's your Man! And upon that Guy tuck to his Heels, but I run after him, and tuck him hand by the Collar, and punch'd him in the Gullet, and so brote him back intull Taylor's Shop; while he was there he went a whisper'd with Hannah Wallis , and by and by he pack'd a Quarrel with another Soldier, and in the mean time the Woman got off; but she was afterwards tacken up again, and the same Day she pawn'd the Sword to Ann Skelton .
The Prosecutor's Evidence, as far as it related to what past in Taylor's Shop, was confirmed by Taylor himself.
Stephen Guy . While I was drinking a Quartern of Gin at Taylor's Shop, Hannah Wallis came in; her Name is Wallis, and not Guy, for she's none of my Wife; the Prosecutor came in soon after, and took her by the Hand, and went into the back Room. When she went out of Door, and the Prosecutor said he had lost his Box, Mr. Taylor asked me if I knew her? I said, Yes; and that if the Prosecutor would go with me, I believ'd I could find her, and so I did. He took her as far as Broken-Cross, and I following them, he bid me go back, and back I went, without meddling with him.
Hannah Wallis . The Prosecutor brought me to a wide Place, Angel-Court, at the End of Thieving-Lane ; Come, says he, let me have my Bargain here, since you would not let me have it in Taylor's House; and then he laid his Sword down by me in the dark, and staid with me half a Quarter of an Hour; and then I took the Sword, and putting it under the Steps of the Court, I went back with him to Taylor's Shop, and that was the first time that ever I spoke with him in Taylor's Shop, and he told me then, that he should have 140 l. for hanging Stephen Guy , and then he would put a new Suit of Cloaths on my Back. Guy is none of my Husband, though I have a Husband, but Taylor has seduced me from him, and been the Ruin of me: He keeps a notorious Bandy-house. The Jury found Stephen Guy guilty of Felony only , and acquitted Hannah Wallis 'on the first Indictment, but found her guilty on the 2 d to the Val. of 10 d.
44, 45. William Westwood , and Edward Lloyd , were indicted for assaulting Sarah Elliot , and [a second time] for assaulting Elizabeth Smith , in a Field near the Highway, in White-Chappel Parish, putting them in Fear,
46. Richard Hazard was indicted for assaulting Mary Pool on the Highway, in Norton-Falgate , putting her in Fear, and robbing her of a Napkin, 2 Shifts, and a Dimity Petticoat , May 20 . Guilty of Felony.
47. Richard Bates , was indicted for breaking the House of Elizabeth Gardner , in the Parish of St. George in the East , and stealing 38 pair of Stockings, 2 Gowns, a Petticoat, 3 Caps, and 2 Aprons, March 29 . about 10 at Night . Guilty of Felony.
71. Mary Verty was indicted for stealing a Sattin Gown, value 10 s. the Goods of Joseph Gold ; 5 Shirts, value 10 s. 5 Shifts, value 10 s. a Dimity Gown, value 10 s. and 10 Aprons, value 10 s. the Goods of John Hill , in his House , Nov. 4 . Guilty 4 s. 10 d.
72. Mary Sharp was indicted for stealing a Coat, value 20 s. a Waistcoat, value 10 s. 2 Gowns, value 6 s. a Frock; value 3 s. and 3 Handkerchiefs, value 3 s. the Goods of Tho. Brown , in his House , March 27 . Guilty 10 d.
73, 74. Francis Lamby and Elizabeth Hodgins was indicted for privately stealing 4 pair of Stockings, value 12 s. the Goods of Samuel Richards , in his Shop , April 7 . Lambly Guilty 10 d. and Hodgins acquitted .
Henry Mineer was indicted for receiving 50 lb. of Lead, knowing it to be stolen , March 26 . Acquitted .
Elizabeth Shaw . I live at the Queen's Head in Lombard Court by the 7 Dials. On Tuesday Morning, about 7 o'Clock, as I lay abed, the Prisoner and Atkins came to me, and said, What do ye do here? And with that the Prisoner pull'd out what he had and piss'd upon me. Then says Atkins I'll hold her Legs whilst you lie with her. No, says the Prisoner, I'll only feel her Bubbies. Then Atkins kept me down, while the Prisoner took my Pocket, and when he had it, he held it up and said, See here, are not you my Wife? this will serve me to spend. And so they went away into the next Street, and there they got a Woman, and made her dancein the Street in her Smock, with a hundred Mob after 'em.
Prisoner. Was it not Atkins that made the Woman run naked?
Shaw. Naked? No, she was not naked neither, she had her Smock on.
Prisoner. When you sent for the Beadle and Constable, did I run away from 'em?
Shaw. No, you fought with 'em, and after they had served me, as I told your Lordship, they bid my Maid fetch a Pail of Water, and said, they'd throw it over me in the Bed. I never saw the Prisoner but once before. I knew he wou'd suddle, but I never heard that he was a Thief.
William Beal . I went to the Prosecutor's for a Dram, and saw Atkins with his Hand in the Bed, and the Prisoner a pissing upon the Bed, and about the Floor. Says he, I will have you to Bridewell before Night, where's your Maid? Bring a Pail of Water! Atkins held up a Pocket, and said, Now, this will serve me to spend; are not you my Wife?
Prisoner. Did not I stand a Quarter of an Hour at the Door after I came from her Bedside.
Beal. Yes, you staid till you had done calling her Names, and then you and Atkins went away together.
Prisoner. And when we went away, we went but into the next Street.
Ann Mumford , the Maid. The Prisoner and Atkins came in and asked for Sarah Clark. I told 'em she was not at home. Then where is your Mistress? She's abed backwards. And so they went in, and piss'd all over her. My Mistress, did not then say directly that she was robb'd.
Sarah Clark . The Saturday before this. the Prisoner met me at the 7 Dials, and asked me how I did? I told him I hardly knew him. O' says he, I knew your Husband; I will give you a Dram. And so we came together to my Landlady's; I invited him to dine with me next Sunday ; and he came and behav'd himself very civally then. But when he came again next Tuesday, he made this Riot. I never saw him but those three Times in my Life.
Sarah Broderick . Hearing Mrs. Shaw cry Murder. I went in, and she said they had piss'd upon her. The Prisoner came in again to her. and said, Must I go to Work or no? Says she, Give me my Pocket, or I'll cut you down with the Candlestick. I'll ay you 10 l. says he, you shan't stay in this House a Month longer. I went for a Constable, but he said he could not come without a Warrant. I went to his Mother, and told her, his Trial would come on; but she said she would not appear for him, he was so vile, and that she wanted to have him transported, for fear he should come to be hang'd.
Prisoner. I am a Tallow Chandler by Trade, I have no occasion to go a thieving for my Livelihood. But the Prosecutor keeps a common Baudy-house.
Thomas Bushly . I have known the Prisoner this 3 Years, he always had a very honest Character, tho' indeed he's often a running to these Bandy-houses (and the Prosecutor keeps a notorious one) but as for thieving, I never heard that he was that way given in the least: She swore a Robbery against me once. I live over against her, and hearing a Disturbance, I went to see what was the Matter. And says she, I can't say they robb'd me; but only abused me, and what can I do in this Case? She offer'd to make it up for half a Guinea.
Justice Gifford. I never heard any Complaints of the Prosecutor, but Bushby keeps a notorious Bandy-house, and is a common Solicitor. The Jury acquitted the Prisoner.
Mary Taper and Ann Robins , were indicted for stealing a Coat, and a Riding-hood , the Goods of Isaac Breach , May 8 . But no evidence appearing they were acquitted .
87. Sarah Beeston was indicted for stealing in the Parish of St. Martin's in the Fields , two Books, called, The Antiquities of Westminster, Value 15 s. 1 Book called, The Antiquities of Rochester, Value 5 s. 3 Books called, The Antiquities of Surry, Value 25 s. and 12 other Books, Value 5 l. the Goods of Edmund Curll , in his House , May 5 . And
Mr. Curll sworn.
Court. What is your Name?
Curll. Edmund Curll.
A Juryman. Curr did you say, or Cull?
Court. What have you to say against the Prisoners?
Curll. My Lord, for about a Month past, I have been obliged to attend on some of my best Customers at the other End of the Town, and in that Time I lost a great many Books. I may say, with a good Conscience, to the Number of 60 Volumes. I could not imagine which way they went, till going thro' Russel Court, I saw 17 Volumes of 'em lying all a-Row upon Gibson's Stall. Seeing more but his Wife in the Shop, I ask'd her where her Husband was? and she called him down. I told him those were my Books, and asked him who he bought them of? He told me, Of a Girl, who said she brought 'em from a Relation of hers in York-street. That he had bought 3 Parcels of her, for which he had given her 10 s. beside 2 s. 6 d. which he lent her on the last Parcel. Well, says I, don't expose yourself, but come to my House and drink a Dish of Tea with me to morrow, and I will shew you the respective Glass-Cases from whence these Books were taken. So I took away the 17 Volumes.
Court. Had you a Constable with a Warrant?
Curll. No, my Lord, In the Warmth of my Loss, I took them without a Warrant, for which indeed Mr. Justice Du Veil blamed me.
Court. And with good Reason, you ought not have done so; it was very wrong.
Curll. It was more than I knew, my Lord; but if I have committed any Error, I hope your Lordship will excuse it. Mr. Gibson delivered the Books to me very readily, and he came to drink Tea with me next Day, and I shew'd him the respective Places where the Books were taken from. Then I call'd down my Girl (the other Prisoner) she's about 15 Years old. And Mr. Gibson said, it was she: that brought him the Books. I tax'd her with it, and she own'd that she had sold several Parcels to him, for which she had receiv'd 12 s. 6 d. I justly had more Resentment against the Buyer than the Child, and tho' I have been obliged to do Justice in this Court, God, forbid that I should be guilty of the Blood of any one! I have done nothing hither to without the best Advice, and will do nothing but what is just and honourable. I would take the Directions of this Court in any Case; and as Justice and Mercy always go together, here I hope to have them both. The Girl had lived with me about 3 Months, and I am sure I had the greatest Tenderness imaginable for her; I doved her next to my own Flesh. I can prove nothing of my self, I know nothing but by her own Confession; and God for bid that I should charge her with any thing farther than I know.
Court. What did you do after she had confest this?
Curll. I did not do any thing with her that Day; I cou'd do nothing, but it gave me much Pain. I have told the naked Fact with the strictest Justice in the World. God forbid I should do otherwise!
Court. What Books did you lose?
Christian Companion , and the Lord knows how many more. O! here's a particular Volume that I lost out of my own private Closet up 2 pair of Stairs backwards; 'tis a Collection of Pieces relating to Dr. Sacheverell, The Mouse Trap, Van's House, Meditations on a Broomstick, and several other Things bound up together,
Cholmly, Constable. After Mr. Curll had taken the 17 Volumes at Mr. Gibson's House, I went with a Warrant to search for more, and found 3 other Books, which Mr. Curll pick'd out and own'd. I really believe that Mr. Gibson bought them in Ignorance, for he told me readily that he had bought several of the Girl; as for the rest of the Books that have been produc'd, I had them at Mr. Curll's Shop, and cannot say whether they were ever in Mr. Gibson's Possession.
Court. Have you that Warrant in your Pocket?
Constable. I believe not. No, I cannot find it.
The Defence of the Prisoners.
Sarah Beeston. I never stole the Books. There were other People in the House besides me. A considerable Number of Witnesses, who had known her from her Infancy, or who had entrusted her in their Families, gave her an extraordinary good Character.
James Gibson . The Books that Curll found in my Shop, were bought of this Girl. My Wife bought the first Parcel when I was not at home. The second Time she brought 4 Books for which she asked a Crown, and I gave her 4 s. I asked her who sent her; she said an own Cousin of hers, with whom she lived, at the End of York-Street. I thought that she look'd like an honest Girl, and so I bought them with the less Scruple. I have no great Judgment in Books my self; I am a Carpenter by Trade, the Book-selling is my Wife's Business. The Girl came again when I was from home, and sold some more to my Wife. The last Time she came, I told her, I would buy no more of those Books, till she brought the Gentleman whom she said she came from. She told me very readily, that he was not at home then, but she would bring him as soon as he came in. I was in haste to go out, and expecting to see her again, I threw down half a Crown in part for the Books she had then brought. I exposed the Books at my Door, and there Curll found them. I described the Girl to him; he said she was his Servant; that he believed I was an honest Man, and if I'd come to breakfast with him in the Morning, he'd put me to Rights; and so he took away 17 Volumes. My Neighbours advised me not to go alone to Curll, but by all means to take Witnesses with me, for fear he should draw me into a Snare. When I went I knew his Girl at first Sight. He would have had me to have prosecuted her. I told him I knew not how to do it, and as he had taken the Books from me, and had had them in his own Possession a Day and a Night, I could not pretend to swear to them. He was in a violent Passion; he went up Stairs and brought down a Shagreen Box. Here Gentlemen, says he (for several were in Company, and he did not direct his Discourse to any one in particular) this Box has been broke open, and 10 Guineas and a broad Piece taken out of it. Now, what would you have a Man do in such a Case; 'tis hard if I must lose all; I expect some Satisfaction: Take your choice; if you'll give me Satisfaction for my Money, I'll fit down with the Loss of my Books; If you'll make my Books good, I'll take up with the Loss of my Money. As he did not ever pretend that I had any thing to do with his Money Box, I wondred what he meant by making such a Proposal: And as I knew my own Innocence, I was resolved to take my Trial.
Thomas Corbett , Bookseller. I have known Gibson several Years, he's a Carpenter by Trade, and knows little of Books ; but it was his Wife that chiefly managed the Bookseller's Business, she being a Bookseller's Daughter. He has the Character of a very honest Man. Several of the Books he bought of the Girl were odd Volumes, and therefore of very small Value. But if the
Curll. If you don't know how to make so much of them, I do.
William Threadkill . I have known Gibson seven Years, and he bears a very good Character. I saw Curll take the Books from his Stall, and he assisted Curll in looking them out; says Curll, I believe you are a very honest Man, and 't was my Girl that brought you these Books; but her Friends are very able Persons, and if you'll come to my House, we'll set this Matter to rights.
Curll. I could not say that her Friends were very able, because I know otherwise; but I said they were very honest.
Threadkill. When we were at Curll's House, he brought a Box, and told us he had lost (I don't know whether it was 7 or 10 Guineas and a Broad Piece) out of it, and that 't would be very hard if he must lose all, and that if he could have his Money again, he would bear the Loss of his Books; or if he was satisfied for his Books, he would put up with the Loss of his Money. The Constable came in and said, Who Charges this Girl? And says Curll, I can't well do it, but Gibson may. Says Gibson, you have had the Books a Day and a Night in your Custody, and I can't swear now that they are the same as you took from my Shop. There is a Book about Dr. Sacheverell, which I have lent to my Ledger, I don't know but it was bought of the Girl with the others. Says Curll, I have lost no such Book.
Curll. The Book he named was Dr. Sacheverell's Trial; not the Collection of Pamphlets relating to the Doctor.
89. John Waller was indicted for endeavouring to defraud John Edlin of his good Name, his Life, his Goods, and Chattels, by making before Mr. Justice Gifford, on the 28th of January last, a false Information in Writing, by the Name of John Trevor , charging the said Edlin and another Person with assaulting him the said Waller on the Highway, near Colney in Hertfordshire, putting him in Fear, and taking from him 4 Portugal Pieces, 5 Ducats, 2 Guineas, and a Piece of Mechlin Lace , October 18. 1731 .
Robert Hinton , Constable. The Prisoner by the Name of Trever, charged me with John Edlin . I took Edlin before Capt. Gifford, and the Prisoner there made his Information, which when drawn up in Writing, was read over to him, and he sign'd it (with a Mark) and entred into Recognizance to prosecute.
Justice Gifford. The Prisoner, by the Name of Trevor, charged John Edlin, and another, who was then in Newgate, with robbing him on the Highway between Coney and St. Albans. I thought that Edlin had an honester Look than the Prisoner, and that I had seen the Prisoner before, but I could not recollect who he was. I sent to enquire after the Prisoner's Character, and was told that he was an honest Man, and then I committed Edlin to Newgate. After this the Prisoner came to me again, and told me, that I had made a Mistake in committing Edlin on the Information of Trevor, it should have been on the Information of Waller, says he, for my Name is Waller, and therefore must beg you to alter it. O, is it you Mr. Waller? says I; I thought I had seen your Face before. Had I known your Name when you made this Information, I had turned you out of Doors, as I did Five Years ago, when you swore against two Street Robbers; but since it is so, I shall take a Note of it. And then I made a Memorandum on the side of the Information, That at the time this Information was taken, the Informant said his Name was Trevor (not Waller.) The Information was afterwards sent down to the Assizes at Hertford, where Edlin was to be try'd.
He faith, That on Thursday, October 28. as he was coming to London with Henry Smith , from Leddon Boswell's, he was assaulted on the King's Highway, near Colney in Hertfordshire, about Five in the Evening, by three Men on Foot. Uriah Davis *, who is now inJohn Edlin , and another.
That they took him into a Gravel Pit near the Road, that John Edlin holding up a Stick, said, G - d Damn you, I want to borrow some Money; and then they knock'd him down, and took from him four Portugal Pieces, five Ducats, two Guineas, and a Piece of Mechlin Lace, value 5 l.
James Robinson . I was before Capt. Gifford, when the Prisoner gave his Information by the Name of Trevor. The Justice was cautions of sending Edlin to Newgate, 'till enquiry was made of the Prisoner's Character. Upon this the Prisoner took me, and one of Edlin's Friends with him, to the Crown in Aldersgate-street; says I, to the Man of the House, Do you know this Man? pointing to the Prisoner, but not naming him, I know no harm of him, says the Man, but I have liv'd here but 10 Weeks. From thence the Prisoner took us to a Man in a little Court in the Old-Baily. I ask'd him the same Question, and he told me, He had known the Prisoner these 12 Years, and knew no harm of him. We return'd to the Justice's, I witness'd the Information, and saw the Prisoner set his Mark to it. I took a Memorandum of the Name in the Information, and the Day of the Month, and went to Hertford Affizes. The Prisoner preferr'd the Bill before the Grand Jury there, by the Name of Waller. I told 'em the Case, and they sent for the Information out of Court to examine it.
Mr. Scrivener. I being Clerk and Cryer on the Home Circuit, it was my Post to swear the Witnesses that go before the Grand Jury. This Bill was brought to me by the Prisoner, and Henry Smith and James Robinson , the other Witnesses, whose Names are Indors'd on it, came with him. I swore him by the Name of John Waller , according to the Indorsement; the Bill was found, Billa Vera. Edlin and Davis were brought to their Trial. The Prisoner and his 2 Witnesses were call'd, I believe, 40 times, but none of 'em appear'd. Edlin and Davis were acquitted, and the Recognizance of the Prisoner and his Witnesses were Estreated.
Prisoner. Mr. Robinson said to me, The Court will not break up to Night, and we may as well go to Bed.
Mr. Robinson. No, it was the Prisoner that said so to me.
Mr. Scrivener. They were call'd till after a 11 at Night. The Court fate till 3 or 4 in the Morning to finish, that so they might be time enough at the next Assizes, on that Circuit.
Court. Who proves this Bill?
Nathaniel Nott . I am Clerk to Mr. Mitchel, Clerk of the Assizes at Hertford. This is the File of the Indictments of the last Circuit at Hertford, and this is the Bill against Uriab Davis and John Edlin , for robbing the Prisoner. Court. Who indors'd the Names? Mr. Nott. The Clerk of the Indictment. Court. Was the Indictment read to them in English, before they were sworn to give Evidence?
Mr. Nott. Yes.
[Then the Bill was read in Court.]
Court. Set up John Edlin. Was you near Coney-Hatch in Hertsordshire, on the 28th of October last, about 5 in the Evening? Edlin. No; I was in Albermarle-Mense, at the Bottom of Dover-street, as you go to May-Fair. I live with a Horse Courser there. Court. And you was not in Company with any Person, who took Money or Lace from the Prisoner at that time?
Edlin. No. Court. And you never was guilty of any such Crime? Edlin. No. Prisoner. He was charg'd with stealing Cows in Feb. Sessions. Edlin. But I was accused wrongfully, and therefore was acquitted. I lost 3 of my Toes lying in Jail.
Court. James Cullimore . Where was Edlin on the 28th of Oct. at 5 in the Evening? Cullimore. In the Yard, at Albermarle-Mense. I was out of Business at the same Time, and lay with him at Night. Court. By what particular Token do you remember the Time. Cullimore. It was the Day before my Lord-Mayor's Day; and we supp'd together at Hdy-Hill, the Bottom of Dover-street ; Edlin had a good Character.
Daniel Bolton . I am Under-Clerk of the Assizes on the Norfolk Circuit. The Prisoner having ill Success at Hertford, came to Cambridge, on the Tuesday following, and gave me an Information against 2 Men for robbing him, and they were both capitally Convicted. The Country was not satisfy'd, and there were Suspicious that the Prisoner was a Rogue. Baron Cummins order'd me to enquire into his Character. I enquir'd of a Gentleman at Thetford ; Waller, says he, Why, he's the vilest Fellow living; He makes a Trade of swearing away Mens Lives for the Sake of the Reward, granted for convicting Robbers. This Gentleman gave me Direction to write to a Gentleman, for a Description and Character of the Prisoner. I wrote, and receiv'd an Answer at Bury. The Answer describ'd him exactly, and by good Fortune it came just time enough to prevent the Execution of the 2 Men. The Prisoner pretended in his Evidence against these 2 Men, That he call'd at the George at New-Market, and that one of them came and begg'd of him; that he gave him 6d. then, and afterwards treated him in the Road, they both travelling the same Way; but at Botsom's-Hill, this Man was so ungrateful as to assault him, and the other Man coming up at the same time, they robb'd him of 3 Jacobus's, 9 Guineas, and a Peice of Mecklin-Lace, for he pretended to be a Holland Trader, and then they strip'd him, and bound him, and there be lay till he was reliev'd by a Passenger. The Jury found him Guilty .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death 9.
Edward Cheesborough was like wise capitally Convicted, but hang'd himself in his Cell, with the Cord that ty'd up his Irons, two Days before the Court proceeded to Judgment.
Burnt in the Hand 2.
John Fuller , Mary Bluck , Daniel Lightfoot , Mary Bradly , Robert Head , John Spindle , Mary Ketcher , Thomas Burnham , William Burchett , Ann Clark , Henry Defoe , Abraham D'angre , Daniel Defoe , John Crotch , Joseph Eaves , Joseph Robinson , William Beat , Stephen Guy , Hannah Wallis , Richard Hazard , Richard Bates , Elizabeth Taylor , Roger Allen , Richard Wigmore , Edward Thomson , Richard Earle , Joseph Bolton , John Howell , Sarah Beeton , Sarah Powell , William Giggle , John Pavior , Jane Scouls , Elizabeth James , Martha Harold , Ann Hamersly , Elizabeth Layston , Ann Hosier , Ann Noden , Elizabeth Cherry , Robert Cadogan , Mary Verty , Mary Sharp , Francis Lambly , and Mary Welch .
John Waller to stand once in the Pillory at the Seven-Dials, in St. Giles's in the Fields, and once in the Pillory against Hicks's-Hall, for one Hour each Time. And to stand on the Pillory at the same Places, at two other different Times, for one Hour each Time with his Hat off, that he may be known by the People: An Account of his Offence to be written on a Paper, and stuck on the Pillory every Time. To pay a Fine of twenty Marks; to be Imprison'd for two Years, and not to be discharg'd afterwards, till he has paid his Fine, and given Security for his good Behaviour during his Life.