Wednesday the 6th, Thursday the 7th, Friday the 8th, Saturday the 9th, and Monday the 11th of December 1732, in the Sixth Year of His MAJESTY's Reign.
Printed for J. WILFORD, behind the Chapter-House, near St. Paul's. M,DCC,XXXII.
(Price Six Pence.)
BEFORE the Right Honourable JOHN BARBER , Lord Mayor of the City of London ; Mr. Justice Page; Mr. Baron Carter ; Mr. Serjeant Urlin, Deputy-Recorder, 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.
B. Townsend. I was not at home when the Goods were lost; but hearing of it afterwards, an Advertisement was put in the Papers, by which means, I was informed that the Prisoner lodg'd at Mrs. Howard's, a Coffee-House, in Bell-Savage Yard. I went thither on the 11th of November, and found the Prisoner. I ask'd her, If she was not at my Shop about a Week before to buy Half a Yard of Muslin? She said, Yes. And did you not, says I, take away a Manteel, and a Piece of Velvet? She answered, Yes; and she said, she had made the Velvet into a Hood.
Milliscent Nicholas . I was in Mr. Townsend's Shop when the Prisoner came in. It was the 3d of November, in the Evening. She ask'd to see some Muslin; I order'd Candles to be brought, and then shew'd her some. She wanted Half a Yard, and whilst we were disputing about the Price, another Customer came in, and while I turn'd my back to serve her, I suppose the Prisoner took away the Goods: For the Manteel with a Bill of Parcels pinn'd up in it, lay ready for a Gentleman who had bespoke it, and a Person coming to fetch it, in about Half an Hour after the Prisoner was gone, I miss'd both that, and a Piece of Velvet of about a Yard with a Slope on it. I suspected she had taken it, and told Mr. Townsend so when he came in. I saw her no more till Nov. 11. when she was taken at Mrs. Howard's. She readily confess'd that she took the Manteel and the Piece of Velvet out of the Shop; that she tore the Slope of the Piece of Velvet, and made it into a Hood, and that she burnt the Bill of Parcels.
Prisoner. I don't know what I confess'd; they came on me by Surprize. I own I had the Goods, but they were sent me from the Bath. Are you sure it was I that came to cheapen Muslin?
M. Nicholas. Yes.
Prisoner. What Cloaths had I on?
M. Nicholas. A short Mob and a wash'd Gown; you was clean dress'd, and looked like a tight Girl.
The Constable confirm'd the Prisoner's Confession, and the Jury found her Guilty to the value of 4s. 10d.
Robert Holms , April 30. 1731 .
The Prisoner lived above a Year in the Service of Mr. Holms and his Mother-in-Law Mrs. King, who lived in the same House. From thence she went to Mr. Scoley's, where she continued about 3 Months, and he (not missing any thing then) recommended her to Col. Armstrong in the Tower. Mr. Holms after some time missing his Goods, traced her to Col. Armstrong 's, where she, in hopes to escape, jump'd out of the Window and broke her Thigh. Some of Mr. Holms's, Mrs. King's, and Mr. Scoley's Goods were found in her Box, and the Gown in the Bog-House, all which she confess'd she stole. She was sent to the Hospital, and there confess'd where the rest of the Goods were pawn'd, which were accordingly found by her Directions. The Jury found her guilty of both Indictments.
John Ferrers. The Prisoner came into our Shop, in Blowbladder-Street , to sell some Goods. We did not chasser with him then, but he setting them down at the farthest end of the Shop, went towards the Street Door, and stood leaning with his Back against the Counter. I and my Maid watch'd him (for I had lost some Goods the Saturday before) and we saw him put his Hands behind him, and take a Parcel of white Balladine Silk out of a Wrapper, and thrust into his Bosom. Then he walk'd a Yard or two farther into the Shop, and I went and collar'd him, and order'd my Man to take the Silk out of his Bosom, which he did: I weigh'd it, and sent for a Constable. The Prisoner seemed very much surpriz'd, and said the Devil egg'd him on to do it. This Evidence was corroborated by the Maid and others, and the Jury found him Guilty to the value of 4s. 10d.
5. Richard Albridge , alias Alder , was indicted for the Murder of Richard Percival , by giving him, with a Knife, one mortal Wound in the lower Part of his Belly, in length 2 Inches, and 5 in depth, on the 4th of Oct . last, of which he languish'd till the next Day, and then dy'd. He was a second Time indicted on the Statute of Stabbing, for assaulting in his Rage the said Percival , and stabbing him with a Knife, he not having any Weapon drawn, nor having first stricken the said Aldridge, on the 4th of October, of which Wound the said Percival languish'd till the next Day, and then dy'd. He was a third Time indicted on the Coroner's Inquisition for the said Murder.
William Percival . The Deceas'd was my Brother. The Prisoner was a Basketman in St. James's Market. He was spreading some Butter upon a Roll, and when he had spread one Piece he laid it on the Stall, and begun to spread the other Piece: while he was doing it, the Deceas'd came and took up the Piece that was butter'd, and said, Won't you give me this? And then put it to his Mouth in jest, as if he design'd to eat it, tho' he did not bite a bit of it; but the Prisoner having a Knife in his Hand, struck at the Deceas'd with it. The Deceas'd retreated and fell into a Tub of Blood that stood behind him, and getting out again, he struck the Prisoner, and presently after said, I am a dead Man. Dead, says I, how can that be, I see no Blood? But when I turn'd up his Shirt, I saw his Guts hang out. I carry'd him to Mr. Didier the Surgeon, who sew'd up the Wound, and then he was sent to the Work-House, where he dy'd next Morning.
- Parker. The Deceas'd took a Piece of the Prisoner's Bread and Butter, and going a little back with it, fell over a Blood-Tub, but got up again, and struck the Prisoner several Blows, and then he said he was dead, and so he went out of the Market. I did not see the Prisoner stab him, for I was over the Way.
- Boswell. I saw the Prisoner spread half a Roll, and lay it on the Bulk. The Deceas'd took it away, the Prisoner struck at him. He fell over a Tub, got up again, and hit the Prisoner 3 or 4 Blows, and then clapping his Hand to his Belly, said, he was cut. Then get a Surgeon, says I. He went out of the Market, and I saw the Knife in
Mary Davis . I am Nurse at St. James's Work-house. The Deceas'd was brought in near the Evening; I put him to Bed, and ask'd how he came by that Misfortune? He said, by playing the Rogue with a Man about a Piece of Bread and Butter. That he fell back, and coming forward again, the Prisoner stab'd him in the Belly. He died about 8 in the Morning.
Prisoner. I had half spread my Roll, and laid it down: The Deceas'd snatch'd it away; I went to save it, and said, pray let's have it, for I am very hungry. No you sha'n't, says he, and then he punch'd and push'd me about, and some how in struggling, while my Knife was in my Hand, he run against it, and then beat me about. So and please your Worship, Master, if so be he had given me my Bread and Butter there had been no Harm done.
Will. Percival, again. I was in the Shop when it begun. The Deceas'd was near the Prisoner while he was spreading the Butter, and the Prisoner run his Knife at him. There was no struggling till then, nor any Words. The Deceas'd laid no Hands on him before the Stab was given.
Court. Did not the Prisoner endeavour to save his Bread and Butter?
Percival. No, for the Deceased came behind him and took it away.
A Butcher. I have known the Prisoner several Years. He is a poor foolish Fellow, and all the Boys in the Market used to make Game of him, and play Tricks with him; I have seen 'em black his Face, and carry him about in a Basket, and then throw him out into a Kennel to wash him; but I never saw him provoked or fall in a Passion at such Usage; so far from it, that when he has got from them he would run into a Corner and laugh at them. He had always a very honest Character, and has often been trusted by me and several others in the Market. I never observ'd any thing like a spiteful revengful Temper in him, let what wou'd be done to him. The Deceased was as vile a Lad as any about the Market; he was so idle, that he sold his Knot and Basket because he would not work, and used to loiter about and sleep upon Bulks.
Several other Butchers belonging to the Market gave the like Account of the Prisoner. The Jury acquitted him of the second Indictment, and found him guilty of Manslaughter on the First and Third.
8. Henry Neal , of St. Giles's Cripplegate , was indicted for breaking and entring the House of William Graves , and stealing a Pair of Breeches, a Hat, a Pair of Shoes, 2 Gold Rings, a Guinea and a Half, and 2s. 6d. the Goods and Money of Richard Sims , and a Pair of Leather Breeches, the Goods of Tho Cecil , November 16 . about ten at Night .
Richard Sims . I look after the Dog-house Bar. About six at Night the Prisoner came into the House, and desired me to let him warm himself by the Fire, for he said he had been with a Cart to Edmonton, and was very cold. He beg'd an old Pair of Shoes, upon which, I took Notice that those he had on were very bad; but I did not give him any. He staid till eight o'Clock, and then went away, and I shut up the Door as usual, and went to Supper at the Green Man on Windmill-Hill, and after Supper I returned to the House at the Bar, and went to Bed: Next Morning the Taylor came to mend my Breeches, which I had left in my Room overnight before I went to Supper, and there was two gold Rings, a Guinea and a half, and 2s. and 6d. in a brass Box in the Side-Pocket. I look'd for my Breeches but could not find 'em, and at the same Time I mist my Hat and my Shoes. Searching farther I found the Prisoner's old Shoes, which were tied with Packthread, at the Door, and the Cellar Door was split in two. The Shoes made me suspect the Prisoner. Next Week I met with him. He confess'd that he broke the Cellar-Door with a great Stone, and then thrust the wooden Bolt back, and got and took the Goods; that he had pawn'd the Hat in Golden-lane for 6d. and the Breeches in Turnbull-Street for a 1s. He went with me to those
- Thompson. I took the Prisoner in Coleman-street. I knew him before, and had heard there was a Warrant out against him. He had pilfer'd some Things while he had work'd with me there. I tax'd him with robbing Mr. Sims. He at first denied it, but afterwards own'd that he broke the Cellar-door open with a Stone, and had pawn'd the Hat and Breeches, but said he was drunk when he did it.
Tho. Cecil . I do keep the Dog-house-Bar for Mr. Graves, my Lord-Mayor's Huntsman. My Breeches did hang up where I did lye, but being Zick, I was vorced to go home and leave'n there, and he have got 'en on now.
Court. Go and look on 'em.
Cecil. Yes, these be they, I can zafely zwear to 'n.
The Prisoner made no Defence, and the Jury found him Guilty . Death .
10. Alice , alias Sarah Laverstitch , was indicted for stealing a gold Ring, a Pair of silk Stockings, and a Shirt, the Goods of John Bunny ; a Camblet Riding-hood, a Pair of Clogs, a Shirt, and two Caps, the Goods of Eliz. Low; and a Pair of Silver Buckles and a Shirt , the Goods of Tho Willet , October 15 . Guilty .
A. Murphey, near 11 at Night, Hewsly laid hold of me near the End of Short's-Gardens in Drury-Lane , push'd me against a Wall, slipt her Hand into my Fob, and pull'd out my Watch. I struggled, and took hold of the Chain, but she pull'd the Key and Seal through my Hand, and gave it to her Companion Jones, who ran over the Way with it. I cry'd out as loud as I could, and still kept hold of Hewsly. Jones returned presently, swore at her, and called her foolish Bitch for staying with me, and said if I made any more Noise she'd make me hold my Tongue. The Constable and Watch came up, and I charged them with both the Prisoners.
Hewsly. I was standing at a Cook's-Shop buying a Bit of Meat. I saw a Woman in a white Gown jump out of an Alley, and presently the Prosecutor came and took hold of me, and said I had robbed him. But when we went to the Constable's House he stript us stark naked, and found nothing about us but what was our own.
Murphey. She took hold of me first, and I never let her go till the Constable came. When she first surprized me, I did not know whether she was a Man or a Woman. She was searched slightly, but not stript stark naked. I found nothing on her indeed, but she had given the Watch to Jones before, and I never had it again.
Court. It was dark, how can you be positive to them?
Murphey. I never quitted her till she was taken; besides, I saw them both by the Lamp-light.
Jones, He search'd me from Top to Toe, and found nothing. The Jury acquitted them.
John Simpson , was indicted for stealing 7 lb. Weight of Brass Ingots, Value 28l. the Goods of Persons unknown, Nov. 16 . Acquitted .
19. Susan Friend , alias Mason , was indicted for stealing 40 Yards of Red Sarcenet, Value 50s. and 11 Yards of Straw colour'd Sattin, Value 50s. the Goods of Sarah Ford , in her House , Nov. 4 . Guilty to the Value of 39 s.
20. Jane Adams , was indicted for stealing a Crape Gown and Petticoat, Value 20s. a Lutestring Night Gown, Value 20 s. a Sattin Gown and Petticoat, Value 40 s a Camblet Cloak, Value 20 s. a Crimson Poplin Cloak, Value 20s. and other Things, the Goods of Sarah Peers , in the House of William Pearson , Oct. 1 .
Mrs. Peers. I lost a Crape Gown and Coat lin'd with black Silk, a Lutestring Gown and Coat lin'd with grey Silk, a white flower'd damask Coat, and several other Apparel out of a Box, which I left lock'd and corded in Mr. Pearson's Garret Mr . Pearson kept a Goldsmith's Shop by Smithfield Bars . I lodged at his House about a 12 Month, when I went away I left my Box in his Garret. I had been gone from thence about half a Year, when having Occasion for some of my Things, I went thither to fetch 'em. Mrs. Pearson went up with me. I found my Box corded and lock'd as I left it, but as soon as I open'd it I miss'd my Goods. Madam, says I, somebody has robb'd me. She seem'd as much surpriz'd as I was my self. The Prisoner had been her Servant, but was then gone away, and was taken up for another Fact: This gave us Occasion to suspect her. We found her at Hicks's-Hall. She confess'd to me that she had lifted up the Lid of the Box without unlocking it, and drawn the Cloaths out and carried them to pawn, at three several Times, to Mr. Hamlin's a Pawn-broker in Drury-lane. She cry'd, and begg'd me not to hang her. We went to the Pawn-broker's, who used us very ill, and told us we should have nothing but what the Law allowed us.
Mrs. Pearson. The Prisoner had been my Servant half a Year, and after she was gone from me, she was committed to Prison for another Offence. When Mrs. Peers mist her Goods, I said to her, I am afraid this Wench has robb'd you. We saw her at Hicks's-Hall, and taking her aside, charg'd her with this Fact. She cry'd, and readily owned it, and said, she hop'd I would be favourable to her, for she had not broke any Lock, but lifted up the Lid of the Box and drawn the Things out, and that she had pawn'd them in Drury-lane. We went to the Pawn-brokers; he deny'd them at first, and would not deliver them till we brought her to him from Bridewell.
Court. What are these Goods worth?
Mrs. Peers. About 10l.
Court. Did she say she took them all at once?
Mrs. Pearson. She said she carried them out of my House at three Times, and so carried them to pawn. She went from me September 12.
Prisoner. They promised me to be merciful if I would confess.
Court. What do you say to that?
Mrs. Pearson. Yes, we did.
Court. Then you did Wrong. You ought not by Promise of Favour to draw Persons into Confession, and then make use of those Confessions to take away their Lives. When Confessions are obtained in such a Manner, they ought to have but little Weight with the Jury.
Mrs. Pearson, We have no Desire to take away her Life.
Court. It may be so. But if the Jury should find that she took the Value of 40s. at any one time, she will be capitally convicted.
John Hamlin , Pawn-broker. These Goods were brought to me at 3 times; the 5th, the 12th, and the 13th of September. On the first Parcel I lent 10 s. 6 d. 15 s. on the 2 d, and 30s. on the third. The Prisoner owned the Tickets upon them, but I can't swear that she was the Person that brought them.
Court. It looks very ill in a Pawn-broker to receive such valuable Goods of such a Person as the Prisoner, without examining how she came by them. By her Appearance he could not imagine her to be the Owner of them. These People know if they bought Goods under such suspicious Circumstances at an under Rate, they would be liable to be prosecuted as Receivers of stolen Goods, and they think to evade the Law by lending a Trifle upon 'em to Persons who they are
Mrs. Pearson. He took me by the Arm and thrust me into the Street.
Mr. Jones. And he said to me, The Parliament were not able to do any thing with us, and what do you pretend to do?
Court. Are you willing to prosecute this Man? It will be doing Justice to your Country.
Mr. Baily. As your Lordship pleases.
Hamlin. I hope you won't serve me so. [a-part].
Mr. Baily. Rememember how you serv'd us. [ a-part ].
Court. Officer, take the Pawn-broker into Custody.
Hamlin. My Lord!
Court. If you can find sufficient Bail the Court will take it.
Then Mr. Baily, and the other Witnesses, entered into Recognizances to prosecute the Pawn-broker at next Sessions. And the Jury found the Prisoner guilty to the Value of 39s.
Drew Drury. I employ'd the Prisoner to polish Silver for me. I had lost a great deal of Silver for above a Year past. 'Tis my Method to weigh my Silver up every Saturday Night, and enter the Quantity in a Book, and I have constantly miss'd every Week, for a considerable Time, 40, 50, or 60 Shillings worth. The Prisoner used to come to my Shop in a Morning before I was up, to see for Work; I order'd my Boys to watch him, and next Morning they told me, they saw him go to a Basket, where I put a pretty deal of Silver, and tumble it over, and then put his Hand in his Pocket 2 or 3 times. I ask'd them, Why they did not stop him and call me? They said, they were afraid. Upon this I was resolved to watch him my self. And so on Saturday Morning, Nov. 4 says I to my Boys, I'll hide my self in the Closet (for I have a Closet with a Window that looks into the Shop) and don't you be mealy mouth'd now, because you know that I am so near you, but when he comes, play your Rogues Tricks, and run about as you do when I am a Bed, that he may suspect nothing, and have an opportunity of going to the Basket. I went to my Post, the Prisoner came in, and my Boys began to play their Tricks with him, and by and by one of them run out, and the other after him. The Prisoner upon this stept to the Basket, took something out, put it in his Pocket, and follow'd them immediately. As soon as they came in again, says he, my Master will hardly came down till 9 a-Clock, I'll e'en go, and come again, but the Boys persuaded him to go into the Kitchen, and sit down by the Fire. I left the Closet, went up Stairs, and came down again as if I was but just come out of my Chamber. The Prisoner ask'd me, if I had any work for him? I told him, No. I let him go out a little way, and then call'd him back. Robin, says I, 'tis Saturday, and as I have no more work for you this Week, I may as well settle Accounts, and pay you for what you have done. I sent one of my Boys for a Constable, under pretence of getting change for a Guinea. When the Constable came, I charg'd the Prisoner. He deny'd the Fact, and said, I might search him and welcome. He took his Handkerchief out of his Pocket, and held it in his Hand. I could find nothing. Sure, says I, my Eyes did not deceive me. When presently my Boys told me, they saw the Silver in his Hand. Upon which the Prisoner took it out of his Handkerchief himself, and gave it to me, and said, This is the Bit. He begg'd that I would not prosecute him, and promis'd that he would never do so any more. [ This Deposition was by the two Boys.]
Mr. Drury. I saw you take something out of the Basket.
Pris. And had you any reason to suspect me before?
Court. He has sworn that he had.
P. This was a Plot laid against me.
C. Yes, and a good one too.
P. Another Man having sent for me to work for him, I was speaking of it in my Master's Shop, and thereupon, I believe he laid this Trap for me, for he's a Man of that good Principle, that he would let no Body live but himself. He has trusted me with a great many Ounces of Silver.
C. Without Weight or Tale?
Mr. Drury. No.
C. Then you were accountable for it.
P. I don't know how it came into my Hankercher; 'tis a Plot; 'tis common to lose 40 or 50 s. a Week, and sometimes my Master has had more Silver than he should have.
Mr. Drury. I might sometimes make a Mistake, but it could not always be so. The Jury found him Guilty .
24. Ebenezer Dun , was indicted for breaking and entring the House of Sarah Loyzada , and stealing 4 Pewter Dishes, a Stew-pan, a Sauce-pan, and a Coffee-pot, Nov. 22 . about the Hour of One in the Night .
S. Loyzada. I live in Castle-Yard in Houndsditch . On Tuesday last was a Fortnight, I made my House fast, and went to Bed. The Watch call'd me up about 1 in the Morning, I found my Kitchen Casement taken off, and miss'd 4 Pewter Dishes, a Stew-pan, a Sauce-pan, and a Coffee-pot.
John Owen , Watchman. I beat my Round at 12 a-Clock, and found all safe at the Prosecutor's House, and then I return'd to my Stand, and as I was talking there with my Comrade, a Fellow came up, and ask'd me to let him have a bit of Candle for a Half-penny? What to do? says I. To light me home, says he. So I let him have a bit; but knowing him to be a loose Chap, and where he liv'd, I watch'd him, and saw he went the contrary way. Thinks I, here's some Roguery in hand, so I and my brother Watchman follow'd him at a Distance. He turn'd down Castle-Yard. I left my brother Watchman at the End of the Yard to secure the Passage, and went down softly after the Man. I saw the Casement of the Prosecutor's Kitchen-window unhung, and presently the Prisoner, and the other Man, came out of the Street-door with the Candle in his Hand. You Rogue you, says I, did I lend you the Candle to do this? With that he flung the Candle in my Face, and run to the Gate. The Prisoner had this Stew-pan, and this Plate ty'd before him thus, in this Wrapper. I seiz'd him, we struggled, and the other Rogue return'd, and they both beat me, and then they both run away. I follow'd 'em, and saw the Prisoner turn down Woolpack-Alley, and the other down Angel-Alley, which was a Thorow-fare, and so is Woolpack-Alley in the Day time; but I had lock'd up the Door at Night, so that I knew the Prisoner could not get through. I call'd for help, and we follow'd him. There's a Parcel of old ruined Houses and Rubbish in that Alley, where I suppose he hid himself, for we could not find him. But we set a Watch against the End of the Alley, and in about half an Hour he came out, and turn'd towards Aldgate. Says my Master, There's a Man come out, is that he ? Yes, says I, this is the very Man that came out of the House with the Stew-pan before him.
John Marshal , Constable. Hearing that the Prisoner was run down Woollpack-Alley, I set a Watch at the End, and went to see the House in Castle-Alley which was broke open. When I came back, one said to Owen ; There's a Man come out, is that he? Yes, by G - d, says he, that's the Man!
Prisoner. I was not near the Place when the House was broke open, but I had been at t'other End of the Town, and in my Way home thought to go thro' Woollpack-Alley, but finding the Door lock'd, I turn'd back, when a Watchman cry'd, Who goes there? I said, a Friend: Says the Watchman, Here he is, Who do you mean? says I. Is this the Man? Says another. I believe so, says Owen, and with that they carried me to the Watch-house.
* In September last. Vide Sessions Paper, Numb. VII. Part II. Page 223.
William Byrom . I live in Corbet-Court, Spittle-Fields. I work at Mr. James's at the Double Chair on Tower-Hill, and in my way home I saw a Crowd about the Watch-house, and went in. The Prisoner being then in Custody, the Constable asked Owen, if he was positive that the Prisoner was the Man that he first laid hold on? And, says Owen, I can't swear it, but I believe him to be the Man. Then the Constable proffered to take the Prisoner's Father's Word for his Appearance, but somebody saying that the Prisoner had been tryed for stealing a Watch, would not take such Security,
Owen. I never said I only believ'd it, but I swore it positively.
Constable. I did not hear him say any such Word as believe.
The Jury found him Guilty . Death .
25, 26. John Nethercliff and Solomon Carlisle , were indicted for breaking and entering the House of Joseph Webb , and stealing a Brass Hammer, Value 3 s. and a Pot, Value 7 s. Sept. 4 about the Hour of 2 in the Night . The Jury acquitted Carlisle, and found Nethercliff guilty of Felony only .
29. Mary Paulin , was indicted for stealing 4 Table Cloths, 2 Shirts, and 6 Napkins, the Goods of Charles Shales , Esq ; a Handkerchief and an Apron, the Goods of Mary Shales , and a Smock , of Ann Brett 's, Nov . 19 Acquitted .
30. Alexander Chalmers , of St. Martin's in the Fields was indicted for stealing 333 Yards of Holland, Value 105 l. 5 s. 24 Yards of Printed Linnen, Value 4 l. 4 s. 45 Yards of Damask, Value 16 l. and 26 Yards of striped Linnen, Value 3 l. 5 s. the Goods of William Fermer , in the House of Edward White , Nov. 22 .
Joanna Fermer . And please your Loard-ship, I want intule the Country upon proud prassing Basiness, and last the Frasner to car of my Loadings till I came back. And because he pleaded Poaverty, I taud him he mat mack use of my Bad and my Room, tho' I danno' gi' him Laberty to maddle wi' my Geuds that were lock'd up in my Chast of Drawers in the Cloaset, for I had a greet Paircel of Lannen there. But whan I came back it was aw gone! The deel a Bit was thare last ! Ye Raug you, says I, you ha' roab'd me. Maidam, says he, I bag your Pairdon, but it was Nasassity that made me do it. Nasassity! ye Raug you, says I, what Nasassity cou' ye ha' to tack aw that I had? cou' no' ye be contanted wi' a lattle? I'll tap ye Justice , troath will I. How goat ye the Locks oppen ye Raug ? Why Maidam, says he, with a Machine in my Poaket; a crooked Iron. Wanna' it haird to tack aw that I had ye Raug ye? says I. And than he fell down doad, and went on his Knees round the Room over and over, and bag'd of me not to tack awaw his Life. I asked him what he had done wi' my Gends, and he took a Pan and Ank and sat down saw much sauld, saw much pawn'd, and saw much gamed awa'.
Court. What particular Goods did you lose?
Fermer. There was a Shute of Table-Linnen, a Piece of Pianted Lnnen, and piece of striped Hoaland, that I intanded to pay my Brewer wi' gm he wad accept 'em, but he wanno' tack 'em. Than there was saxteen Pieces of Hoaland, and 3 Shutes of Damask Table-Linnen. The Value of 'em aw was better than 105 Punds.
Prisoner. Did not you intrust me with any Part of the Goods?
F. Naw Sir, I lock'd up avery Thing from ye.
Court. In whose House were those Goods left?
Margaret Hunter . Mrs. Fermer lodged at the Rainbow Coffee-House in Villers-street. She left the Prisoner, and none but he in her Lodgings; and nothing was left open to him but the Chairs and Bed: The rest was lock'd up. And I carried the Parcel to the Brewer when Mrs. Fermer was out of Town.
Mrs. Douglas. And I brought it back from the Brewer's, and it was not entrusted to the Prisoner, but only left in his Room.
P. Did I or Mrs. Fermer desire you to bring it back?
D. Neither. I did it on my own Account, without Orders from any. You told me your self that she had lock'd up every thing from you.
P. I shall prove the Contrary.
Margaret Forbes . The printed and striped Holland came to my House by Mrs. Feriner's Order, to clear the Brewer, but he would not take 'em, and Douglas carried them away again by the Prisoner's Orders.
P. There is a Letter to the Brewer, in Justice De Veil's Hands, in which she mentions, tells him, that those Goods which she intended to send him, were intrusted with me.
Court. Can you prove that Letter to be her Writing?
P. She has owned it.
F. Let me see the Letter Sir, I wanno' deny my aun Hand. Yes, this is my Writing.
Court. Then it may be send in Evidence.
Clerk reads]. Greases-Greases ?
F. Naw Sir, it is no' Greases, it is Gravesend. You canno' read my Hand-writing. Let me see, I will read it my Sal'.
She reads the Letter, of which the following is a true Copy.
To Mr. Thomison Bruer in hog lean by tyburn road
greases Septmbr the 18. 1732.
MR thomison I heave been at Londin and heas brogt eaney lytell thing that I had ther in order to setell in * dr Scotland wher I am loved and known I heave lost my all with peepoll runing a way in my det but not with standing of all that as I allwais promised to doo you juistis I doo beyond pouer I heave ordered you ten pounds woorth of nerey pritey goods to be delivered to you by woon mr cheambers and upon your full discarg to me he shall de liver you the goods Scotland in Six months after deat this is the full of what I own you for you know your a Count is not Just and by your receat I can prone the Seam but how ever be that as it will I am not eabell to do mor then I + ckean and beliue me if I had not a mercy great uellow for you I wood not heave given my self this trubell so if you pleas to acept of this you may, and if not, you me let aloo I wish euerey body wood pay me as weel I should not heave such loses as I heave this is all from Sr your most hombell Sernen
The Goods I heaue ordered you is this,
l. s. d.
one Shout ++ of syn demisk teabell lyning at 4l. the Shout, 4 00 0
++ One Suit.
24 yeards syn prented lyning at 3 and 6 pens per yeard is 4 04 0
a leven yeards Striped holland at 3 and 4 pens per yeard is 1 16 8
for too gallins neat brandy 0 18 0
in all is 10 18 8
Prisoner. My acquaintance with her begun by our coming both in one Ship from Scotland. She told me, she was acquainted with great Men, and could do me Service, and expected I should do her some in return. She said, she ow'd a pretty deal of Money, and knew a way to pay off all her Creditors, which was to leave Goods with me, and pretending she was gone to Scotland, would send them word, that she had left such and such Goods, which if they would take in full for what she ow'd them, and give me a Discharge they might, otherwise they might get their Money how they could. Thus she sent me to Mr. Hayward, a Wine Merchant, with 15l. tho' she ow'd him 70l. He thinking that she was gone to Scotland, and left me to act for her, took the 15 l. in full for
F. Naw Sir I last my Keys in my Drawers.
P. She trusted the Keys and Goods too, to my Care, for she and I were very familiar, I have lain with her many a Time.
F. Upon my Oath he never did, why, does your Loardship think I was lye with such a Jackanapes as he is? The Goods I trusted him to give to Mr. Hayward and the Brewer, was before I went out of Town.
P. Here's Mr. Grub, the Pawnbroker, will give an Account of her.
Grub. I know this Woman by the Name of Hamilton. A Piece of these Goods was pledg'd with me. I have dealt with her several Times. She has a very indifferent Character. She would cheat or defraud any Body. She brought me false Plate for good, and I lent her 20 l. upon it.
F. I own I did; but you know it was my Lady Cassells, and it is in her Dining-room now; I was deceiv'd in it, and so was you.
Henry Bovin . Before Justice De Veil she deny'd that she writ any Letter till he produc'd it. The Prisoner said, he had been very free with her, and sat up with her many a Night. He was ask'd hereupon, if he had lain with her? And he hum'd and haw'd, and at last said, No. 1 and 3 or 4 more went to see her Drawers, there was ho Violence done to them.
Court. She says they were open'd with a false Key.
Margaret Hunter , again. He was very ill with a Pain in his Ear 4 or 5 Days after she went out of Town. I got him something to eat, and ask'd him, if he had a Porringer and Spoon? He said, No, for she had lock'd up every Thing.
- Douglas, again. He told me so, and said, she had left him nothing but dirty Sheets.
Mrs. Clark. I lent him a Linnen Towel, and could never get it again.
Mr. De Veil. When he was brought before me, he said several Things that intimated he had lain with her; upon which I put the Question to him, and he said, that he had not.
Prisoner. I said I had not lain in a Bed with her, and did not then say any more, for fear of being prosecuted by her Husband. But I say now, that I have lain with her several Times, and she told me, if her Husband dy'd, she would have no Man but me. I heard there was a Warrant to take her up for a Cheat.
Mr. De Veil. No; it was only for deluding a young Woman, but she appear'd, and upon Examination was discharged.
P. And she had deluded me too. She's a Woman of a vile Character; she brought a Lawyer with her to a Tavern, and he drew up a Confession, and she promis'd, if I would sign it, that she would not appear against me, but speak to the Jury, and the King in my behalf. The Jury found him Guilty to the Value of 39 s.
31. Joseph Brown , was indicted for stealing 2 Pails, 2 Sheets, 2 Curtains , and other Things, the Goods of Henry Calloway , Oct. 16 . He was a 2d time indicted for stealing 24 Iron-hoops, and a Spade , the Goods of Michael Francis , Oct. 16. Acquitted of both.
35. John Pool , alias Powell , was indicted for stealing 80 l. of Lead , the Goods of Samuel Abbot . He was a 2d time indicted for stealing 72 lb. of Lead , the Goods of Persons unknown. Guilty of both.
George Cure ; and a half Pint Silver Mug. and 2 Table-cloths. the Goods of Jane Wall , Nov. 12 , about twelve at Night .
George Cure. I live in the Hay Market against the Opera-House On Sunday, Nov. 12. I went to Bed between 10 and 11. In the Morning my Maid told me the House had been broke open. I went into the Parlour, and saw the Walnut-tree of my Scritore was broke, but the Lock had not been open'd. My Sister said she heard a cracking Noise in the Night, and cry'd out, Who's there? My Wife had left her Lace in a Band-box, and her Velvet Hood and Manteel in the Parlour over-night, and they were carried off. The Shutter of the Kitchen-Window had been taken down and set aside, and the Casement left open. A Gentleman hearing of the Robbery, asked me what I had lost? I told him; he bid me be easy, for the Thief was taken, and all the Goods upon him. By his Directions I went to Justice Newton, and told him the Particulars. The Prisoner had been examined before I came, and was gone to a Publick-House just by. The Justice had given Orders for the Goods to be advertised. As soon as I saw the Things I knew them, and own'd them to be mine. I went to the Prisoner at the Ale-house, and found my Hat upon his Head. I took it off, and said, Friend, how came you by this? He said he had it among the rest of the Things that were given him by a Man that he met in the Hay-Market against the Opera-House.
- Garbet. (The Prosecutor's Servant) I was last up but one; I went to Bed between 10 and 11, and all the Doors were safe then. I came down about 7 in the Morning, and found the Shutter of the Kitchen Window was taken off the Hinges, and set aside, and the Casement ('tis a Sash Casement) stood open. I mist several things before my Master came down.
Joseph Way . I am Watchman of Maiden-lane, Covent-Garden. I had just gone past One, and was leaning on a Post, speaking to my Brother Watchman, when the Prisoner ast me with a white Bundle; he was got 2 or three Doors before I took much Notice of him. But then I call'd to him to let me see what he had got, or I told him I would knock him down. He begun to creep off, and at last he run. I followed, and near Cecil-street he run into that Watchman's Arms. We took him to the Round-house, and next Morning he and the Bundle were carried before Justice Newton. When the Prosecutor came he was shewn the same Bundle, and he own'd the Things in it.
Robert Ellis , Constable. When the Watchman brought the Prisoner to me, we search'd him, and found a Silver Mug in his left Coat-Pocket, and two Silver Spoons and a Chissel, and a Mohawk-Knife with a Saw to it.
Mr. Cure. That was my Knife, I bought it for a Pruning-Knife.
Ellis. We found a Bullet and some Powder too in his Pocket. Mr. Cure saw the Bundle open'd, and own'd all the Things but the Silver Mug.
Mr. Cure. That was Sarah Wall's.
Ellis. Soon after we had search'd him, a Pistol was brought in by the Beadle.
Joseph Way. He came through Maiden-lane, and was going down Southampton-street, and just by Mr. Godfrey's (the Chymist's) Door, he was stopt. The Pistol was found near that Place. It was ready loaded and cock'd. It was a screw Pistol, and the Ball that was found in his Pocket fitted it exactly.
Prisoner. I was drinking with 2 or 3 Friends at my own House (in Thames-street) till between 11 and 12 on Sunday Night, and then we parted. I went down Stairs, and had Occasion to go out, and a young Woman coming by, enquired the Way to Piccadilly, and said she wanted somebody to go with her. What will you give? says I, why 6 d. says she. I told her I would go for a Shilling; and so we agreed. I went with her, and when we came to the End of Pall-Mall, she said she knew where she was, and would not trouble me to go any farther. As I went back, I met a young Man over against the Opera-House. I gave him a little Shove as I past. What's that for? says he. No offence, I hope, says I. Who's that, John Ingram ? says he. The same, says I. And so we fell
Prosecutor. The Prisoner was my Servant formerly, and the Master that he lived with afterwards has given me a good Character of him. Since he was committed to Newgate, he sent me Word that the Goods I lost were given him by one Robert Kinsey , but that he could not find where he was.
Thomas Clapham . I lodge in the next Room to the Prisoner. I and John Woodison were drinking with him all that Sunday Afternoon, till past a 11 at Night, and then I left him. He was unbutton'd, and had no Hat on, I thought he was going to Bed; but when I went into my own Room, I heard him go out, and did not hear him come in again. I never knew any harm of him before. The Jury found him Guilty . Death .
37. William Heath , of Hackney , was indicted for assaulting Martha , the Wife of Rich. Plummer, in a Field or open Place, near the Highway putting her in Fear, and taking from her 4 Shirts, a Dimity Waistcoat, a Cap, a Pillow, a Handkerchief, a Bib, a Pincushion, and 3 d. Farthing , the Goods and Money of Richard Plummer , Decem . 5 .
Martha Plummer . On Tuesday last, between 3 and 4 in the Afternoon, as I was going from Hackney to Newington, the Prisoner stopt me, and swore I should deliver. For God's Sake! Says I, save my Life, and I'll give you what I have, and with that I gave 3 d. Farthing. That won't do, says he, you must give me something else. Then he pull'd out a Shoemaker's Knife, struck me in the Face, threw me down, took my Bundle, and run away; but Assistance coming in time, he was taken.
Henry Hurst . I was at work within two Fields where the Robbery was committed. A young Woman who was with me, said, There's Murder cry'd! I hearken'd, and heard a Woman's Voice. I jump'd over a Bank, and saw the Prisoner come from the Prosecutor with a Bundle in his Hand. He saw me coming, he threw the Bundle towards her and run. I proceeded after him for about a Mile, and he was not once out of my Sight till I laid hold on him. I took this Shoemaker's Knife from him. He begg'd me not to bring him to Justice, and said, he would do so no more.
John Bracey . I and Hurst were binding Faggots. My Daughter-in-law cry'd, For God's Sake Henry run, there's Murder cry'd! I jump'd over the Ditch first, but he being youngest got before me. I saw the Prisoner run from the Woman, I went towards her first, and afterwards I went to the Prisoner; I was the 2d Man that came in. He fell on his Knees, and begg'd for God's sake to let him go, for, he said, it was the first time, and he would never do the like again.
John Wells . I was at work in the Garden next to Brook-House, and these 2 Men were in the other Garden. My Mistress came, and said, For God's Sake Jerry and John run, there's Murder cry'd. I saw Hurst run the foremost Man, and when he came to the Prisoner, the Prisoner fell on his Knees, and Hurst stood over him with a Hedge-Bill. There was 3d. Farthing found in the Prisoner's Pocket, and that was all the Money he had.
Prosecutrix. I took the Bundle up my self, after he had thrown it down; it is Child-bed Linen. The Jury found him Guilty . Death .
John Noon . The Prisoner was my Neighbour. He pledged this Coat and Waistcoat to me, on the 30th of November at Night. And on Monday, Decem. 4 this Advertisement was left at my House, upon which I went with him to the Prisoner's House, where we found the other Goods that he has mentioned.
Court. You acted like an honest Man, I am glad to find you are not all like the Pawnbroker that was here Yesterday.
- Miller, Constable. We found the Cloak in a Chest behind the Counter, and the Gown in the back Room, beside a Turn-up-Bed. The Prisoner said, it was his Wife's Gown.
Prisoner. Yesterday was Se'nnight, I was drinking with several Neighbours, at Mr. Deacon's, opposite to my House, from 4 in the Afternoon till 9 at Night, except about a Quarter of an Hour, when my Girl came between 6 and 7, and said, there was a young Man would speak with me. I went over and found William Hampton in my Shop. He had a Bundle in his Hand, and desired me to pawn a Coat and a Waistcoat for him, which I did, and brought him the Money. There was a Cloak and a Gown in the same Bundle, which he desir'd me to let him leave at my House for a Day or 2, and I consented. Hampton is now a Prisoner here.
[ Then the Prisoner call'd several Witnesses, who swore to every Part of his Defence]
John Noon. The Prisoner is a Carpenter by Trade, tho' he seldom work'd at it; but he keeps a Shop at the Bottom of Stanhope-street, and sells old Iron, and Brass Candlesticks, Tea pots, and other odd Things. I have heard his Girl say, that when any Body came in with a Bundle, she was turn'd out.
The Second Indictment.
Michael Festing . I lost the Violin, and Case, and several Sheets of Manuscript Music out of the Seat of my Parlour Window, on Saturday Night last. I advertis'd them with 5 Guineas Reward, and on Monday Morning John Noon (Servant to Mr. Stone a Pawnbroker, in Stanhope-street) came, and told me, that the Violin and Bow were pawn'd by the Prisoner; I got a Warrant, and search'd his House. The Case was found at the Prisoner's House, and after he was taken, one Elizabeth Giles brought me the Papers.
John Noon. The Prisoner pawn'd this Violin and Bow to me on Saturday Night for 6s. He said, he did not understand it, but brought it for a Friend. On Monday Morning I receiv'd an Advertisement from Gold-Smith's Hall, and so gave notice to the Prosecutor.
- Miller, Constable. When we went with the Warrant to the Prisoner's House, his Wife stood behind a Partition, and threw out the Case, and said, There, give the Gentleman the Case, the Man that left it here took the Papers away with him.
Prisoner. I was drinking at Mr. Deacon's on Saturday Night, when word was brought me, that a young Man (not Will. Hampton) wanted me at my Shop. I went over, and found 2 Men there, and one of them was playing upon this Fiddle; they desir'd me to pawn it for 'em, which I did to Mr Noon for 6s. When they came to search, I sent my Father to the Man from whom I had the Fiddle. He liv'd in an Alley in Chick lane. My Father found him, and left him in the Custody of another Man while he went for a Constable, but before
The Prisoner call'd several Witnesses, who swore positively to these Particulars, and the Jury acquitted him of both Indictments.
Henry Green. On the 2d of Nov. I got up in the Morning to see my Brother out of Town. I took half a Guinea out of my Drawers, and left fourscore and ten Guineas in a green Silk Purse.
W. M. Prisoner. How came you to swear to but 68 Guineas you old Rogue you?
Court. Did you swear to but 68 Guineas?
Green. No, I swore to 88 Guineas and 4 half Guineas. The Prisoners were my Lodgers. They had the next Room to that where the Money was taken: There was a Hole in the Partition, so that they could see all over my Room. He pretended he was married to her at the White Horse in Fleet-lane, but I believe it was only a Pretence.
Ann Green . My Husband had a poor Brother come to see him out of Northamptonshire, and he was to go out of Town that Morning, and I being dubitons that my Husband should give some of his Money to this poor Brother, I hided the Purse with 90 Guineas in it under my Child's Bed, in the Room next to the Prisoner's. I heard them walking about the Room at the same time, and I suppose they might see what I was doing through the Slit in the Wainscot: Then I lock'd the Door and went down Stairs, and my Husband and his Brother went out together. By and by, one came in for a Hat and Waistcoat that were left in that Room, and I sent my Boy up for it; and when he came down again, he told me that they came into the Room while he was there, and took something from under the Bed.
W. M. Prisoner. Was no Body else in the House then ?
Ann Green. No.
W. M. P. There was a Soldier. I hope the Court will enquire into your Character.
Ann Green. You have got Moll Harvey of your side, so you need not care.
Thomas Green. (Aged 16) when I went up for the Hat and Waistcoat, she came into my Room with a Bundle, and says, Tom, take care of this; and then he comes in and says, Give me the Bundle; so he took it away, and came in again, and went to my Bed, and said, this is a pretty Feather-bed. Then he turned it up, and felt under it, and took something out; but I did not think it was Money, for I knew nothing of any Money being there. Then they both went away directly, and bid me tell my Mother they would certainly come at Night. There was no Body else in the Room but these two end my self.
Richard Allomby . On the 3d of Novemb. one came to my House for a Constable, and said, there was a Person next Door that had robb'd her Lodgings of near an 100 Guineas. I went and found Mr. Green there, and Jane Murphey . You wicked Wretch, says he, how could you take all I had? She denied, and said, if she had any Gold about her it was all his. We searched her, and found 7 Guineas.
Tho. Latham , Coachman. I drove the Prisoner, W. M. from the White Horse in Blackman-street, to Islington Turnpike, and there he put his Head out of the Coach, and ordered me to drive to the Black Horse in the Hay-Market. When he came there, he got out of the Coach, and went into Moll Harvey's, and said he had lost 68 Guineas and a Watch there, and he would have 'em again. Moll desired him to be easy and quiet, and said he should have his Watch: He swore he would have his Money too, or he would go to Justice De Veil and get a Warrant; and then he ordered me to drive to Justice De Veil's. But Moll Harvey going out, and a Woman saying she was gone to Justice De Veil's, and would be there before him, he then ordered me to drive to Justice Lambert's. It was the same Day that he was taken up. Justice Lambert called for me in, asked where I took him up ; I told him, and then I was ordered to withdraw.
W. M. I don't know Moll Harvey, nor her House neither.
- Banford, Constable. A Man came from the Cow and Calf Ale-house by Islington Turnpike, to me at next Door, and said, there was a Woman who had robb'd her Lodgings. I went and found Mr. Green and the Prisoner Murphey there. He charged her with robbing him. How can you say so? says she, I never wrong'd Man, Woman, nor Child; and if I have any Gold about me it is yours. We searched her, and found 7 Guineas, 5 s. and 6 d. and a Gold Ring in a Housewife in her Pocket: So she was sent to New-Prison. The Man of the Alehouse came to me again about 10 at Night, and said there was a Man at his House who enquired for Mrs. Macloughlane, and he suspected him to be concerned in the same Robbery. I went thither, I found the Prisoner W. M. but he said his Name was John Howard . We sent for Mr. Green, and upon searching him, we found 5 Guineas and a half, 8 s. and an old studded Watch. He seemed to be in Liquor. He was dirty, his Shirt Sleeve was torn, and he said he had been robb'd of some Guineas. The Coachman who brought him there, said, he had been at Mall Harvey's.
- Davis. I am Watchman to the New River Company. I was at Mr. Chamberlain's House when Mr. Banford came in, and said there was a Man at the Cow and Calf, who was suspected to belong to the Woman that was taken up there that Day. I went in, and spoke to him in the Irish Brogue (for I had been a Soldier in Ireland). I ask'd him how he did, where he came from? He answered me in Irish, and said, he came from the North of Ireland, near Dundee. Sure I should know you, says I: What is your Name? My Name, says he, is Will. Maclonghlane. I asked him how long he had been in England? He said he had not been long come from of France. Parlezvous Francois, says I. Ouy Monsieur, says he. I found he could speak so much French as I.
Court. 'Tis no Matter whether he could or not: The Court don't want to hear how many Scraps of French and Irish you can repeat.
- Davis. So, says I to the Constable, He says his Name is Will. Maclonghlane, and, says the Constable, that's the Name in the Warrant. With that I kick'd up his Heels, and he fell against a Jack-Chain. He began to struggle with me; but You Rogue, says I, if you make any Resistance, I'll hang you in this Chain, and save Jack Catch the Labour. You have met with the wrong Man, honest Will. Macloughlane ! Then he said his Name was not William Macloughlane, but John Howard , and desired to speak with me aside. I went with him into another Box. Countryman, says he, (for he took me to be Irish) I wonder you should be so hard with me, you have got 5 Guineas and a half, and 8 s. 6 d. and a Watch from me (for I had search'd him). Give me the Gold, and you shall keep the Watch and the Silver if you'll let me go.
Mr. Chamberlain. The Constable came to ask me if I had any Assistance. I bid Davis step out. They went and I followed. They had hold of the Prisoner when I came in. The Constable said he had a Warrant for W. Macloughlane, and then, says the Prisoner, Damn me, if my Name is not John Howard. He desired to speak aside with Davis. Davis beckon'd to me, and I over-heard the Prisoner say to him, give me the Gold and the Watch, and keep the Silver. He seem'd to be in Liquor, but sensible.
Mary Simons . The Prisoner Murphy came to my House (the Cow and Calf) in a Coach. She said, she was ill, and was come to Islington for the Air for a Week or two, and wanted a Lodging. After some time, she ask'd, If I had any thing to eat? I told her, no, but I would fetch her something. I went for some Stakes, and when I came back the Constable was there. She said, she had never wrong'd Man, Woman, or Child, and if she had any Gold about her it was Green's. Upon search they found 7 Guineas in her Hussy.
John Simons . The Prisoner said at first, his Name was Maclonghlane, and afterwards Howard. 5 Guineas and a Half, and some Silver, and a studded Watch were taken from him. He offer'd Davis the Watch and Silver to let him go.
H. Green. They never came back to my House after they went away in the Morning. My House is at the bottom of Parker's-Lane in St. Giles's. A Woman that knew
Jurick. I can't recollect the time, but I think it was on Allbollon-Eve. I and my Husband were at the Wedding.
Court. Is your Husband here?
J. No, he did not know of the Trial.
Court. Where were they married?
J. At a Lady's House beyond Red-Lion-Square. I don't remember the Name of the Street. They supt at our House, and from thence they went to their Lodgings at Mr. Green's. I live in an Ale-house; and Green keeps an Ale-house too.
C. By whom were they married?
C. In what Room?
J. In the Garret. Green said the next Morning after the Prisoners were taken, that he would swear any thing to hang them both.
Green. I never said any thing like it.
Eliz. Soams. I went to Green's for a Pint of Beer between 8 and 9 in the Morning. A Soldier came down Stairs and call'd for a Pint of Beer, and paid nothing for it, and then went out. Then the 2 Prisoners came down, and Green said he had lost some Money, and would have them searched ; upon which they were affronted, and threw down a Shilling, and said they would come no more into his House.
H. Green. I neither searched them, nor saw them when they went, for I was gone out with my Brother.
A. Green. Nor I did not search 'em, for they were gone before I mist the Money.
Prisoner. Here's Isabella Soams can prove that Green has own'd he was robb'd by a Soldier.
Court. Soams is your Name? How long have you gone by that Name?
Isabella Eaton. About a 12 Month.
Court. I think I have try'd you here by another Name.
Eaton. Very like you might try me, my Lord, and by another Name too; but what if you did, I was Innocent, and my Jury acquitted me. I never came here for my Crimes, but my Passions. I keep the Two Blue-Posts in the Hay-Market. The Prisoner William Macloughlane us'd to come to my House with other Gentlemen's Servants. He left 20 Guineas with me to lay by for him. And that Day as Green was robb'd, Green came to my House and ask'd if the Prisoner was there; no, says I, but he was here Yesterday, and I paid him 16 Guineas. Tell him, says he, next time you see him, I am sorry I affronted him by searching him, for now I understand it was a Soldier that robb'd me; and if he'll let me know where the Soldier is, I'll give him 5 Guineas.
Court. How long is that ago?
Eaton. Six Weeks.
Court. How many Weeks is it since the 2d of November.
Eaton. I don't keep an Almanack in my Head.
Green. That Soldier is still in my House, and I had no Occasion to give the Prisoner 5 Guineas to find him.
Eaton. And says Green, send Billy to me, for if I don't find the Soldier, right or wrong I'll hang him.
Ann Green. Here's Moll Harvey, my Lord, stands behind Bell Eaton, and bids her say anything.
M. Harvey. No, it is not Moll Harvey my Lord*.
* She now goes by the Name of Mackeg or Macguire.
Court. Prisoner, Do you call Moll Harvey for a Witness?
W. M. No. Court. Then turn her out.
Green. I was then at Islington with my Brother, to see him out of Town. The Prisoner William Macloughlane call'd three Witnesses to his Character, who deposed, that he had been a Gentleman's Servant for some Years past, and had behaved himself honestly.
The Jury found him guilty . Death : But acquitted the Woman as being his Wife .
42. William Roberts was indicted for breaking and entring the House of Henry Fry , and stealing 150 Yards of Saggathy, Value 10 l. 90 Yards of Duroy, Value 5 l. 80 Yards of Serge, Value 6 l. and 50 Yards of Kersey, Value 7 l. 10 s. December 1 , about 7 at Night .
Henry Fry. I live in Packer's Court in Coleman-Street . I came home about seven in the Evening, and saw a Man turn into the Court just before me; but seeing me go up after him, he turned back. I went in, and found the Window of my Warehouse (which is on a Ground Floor) open, I knock'd at the Door, look'd in at the Window, and saw a parcel of Goods piled up ready to be carried off. Looking farther, I saw the Prisoner in the Room, there is a Lamp faces the Window, I am sure it was he. As soon as he found I saw him, he said, Damn ye, if ye don't desist and go off, I'll shoot ye. He stept up to the Window, in order to get out, I laid hold of him there, and pulled him down; he gave a spring to get from me, but I held him fast; and after a small Struggle on the Ground, he surrender'd, and begged me to let him go. I cr'ed out Thieves; my Wife and Maid came to the Door, and the Neighbours came to my Assistance. One of them went for a Constable, and I did not let the Prisoner go till the Constable came; and yet when he was carried before Sir William Billers , he denied that he was the Man. After he was secured, I found that a Pane of Glass had been taken out of the Casement, and so it was unhasp'd. And he had broke 10 or 12 other Panes with struggling, when I pull'd him out of the Window.
Court. Was your Window shut after it was dark ?
Fry. My Wife and Maid will give an Account of that, for I went out at Exchange Time, and did not return till about 7. I had Shutters belonging to that Window, but my Wife having lately lain in, her Maid going away that Evening, and a new Maid coming, the Shutters were left unshut till I came; none of my Goods were carried off, but were only moved from the Shelves to the Window.
Prisoner. Had you no Servants that might mislay these Goods. Fry. I left the Key with my Wife. Prisoner. Did any Body but your selfsee when you laid hold on me first? Fry. No.
Mrs. Fry. My Spouse knocked and cried Thieves. I was frighted, and came down, and when I opened the Door, he had the Prisoner by the Collar; he begg'd my Husband to let him go, or to go with him to a Tavern, for he said he had taken nothing. I saw the Casement shut half an hour past 6, when I came down to let my new Maid in. The Key of the Warehouse was left with me, I left the Goods in their proper Place on the Shelves at half an Hour past 4 that same afternoon; I double lock'd the Door, and it was not open'd again till after the Prisoner was taken, and then I went in, and found several Parcels remov'd from the Shelves to the Window, ready to be carried away. The Window Board was made like a Table, to turn up and down for shewing Goods; there was 5 Sagathys of 30 Yards each, 4 Serges, 4 Duroys, of 24 Yards each, and 1 Kersey, besides another Kersey that lay upon the Ground, which I suppose the Prisoner dropt upon his being surpriz'd.
Mary Wilson . I came to Mr. Fry's Service December first, in the Evening, the Porter who brought my Box, set it down at the Door and went away. There being a Lamp, I looked at the Window, and saw it was safe. My Mistress let me in, and I went directly up Stairs, and look'd at the Clock, and it was half an Hour past 6; before it struck 7, my Master knock'd, and cried Thieves! My Mistress and I went down, and saw my Master have the Prisoner by the Collar. The Casement was open, and a Pane of Glass taken out of it near the Hasp; so that a Man might put his Hand through and unhasp it, and each Side of the Window was likewise broke. There were Lights brought into the
Court. How came you to observe the Window when you first came?
Wilson. There was a Lamp in the Court, and the Window faces one as one goes up.
Prisoner. What Apparel had I on? Wilson. I think it was a brownish Suit; you had not that great Coat you have now, nor that Wig. It was not so good a Wig, nor quite so light.
Calch Lane. I was called to assist Mr. Fry, who had taken a Thief. I called my Man too, and then went my self for a Constable.
Prisoner. What Apparel had I?
Lane. A darkish Coat with a Boot Sleeve, but no great Coat; and you had, I think, a darkish Wig.
Pris. The Maid says it was a light Wig.
Court. She said it was not so light as that you have on now. But however, as their Evidence seems a little to vary as to that Particular, the Court will take notice of it to the Jury.
Pris. What Cloaths had I?
Knight. A dark Boot Sleeve Coat, a dark Wig, and Buck-Skin Breeches.
Court. Are you sure that's the Man at the Bar?
Knight. Yes, I took a Candle, and look'd in at the Window (which was open) and saw several Pieces of Sagathy, Serge Duroy and Kersey lying on the Window Board, and the Print of a Man's Foot that was wet. There were 7 or 8 Panes of Glass broke, and one Pane was taken out of the Casement. As Mr. Fry held the Prisoner, the Prisoner said to him, Sir, whatever Damage I have done I will pay you for. And Mr. Fry said, I don't know what Damage is done yet, because I don't know what is missing, but the Windows are broke. The Prisoner offered to pay for them, and desired Mr. Fry to go with him to a Tavern, or into his own Warehouse, but Mr. Fry refused till the Constable came, my Master being gone to fetch him.
Robert Mitchel Constable . I was sent for a little after 7, and found Mr. Fry holding the Prisoner by the Collar. When the Prisoner was carried before Sir William Billers , his Defence then was, that he went into the Passage to ease himself, and that Mr. Fry finding him there seized him.
Prisoner. I had been drinking at the three Mariners in Coloman-street, and having occasion to ease my self, I went under the Arch; while I was there, two Men came out of the Court, and run by me. The Prosecutor then past me, and went up the Court; and returning presently asked me what I did there? I told him I was easing my self. Says he, my Warehouse is robb'd, and I suppose you are he that did it; but however, I'll keep you till you give a good Account of your self. I told him, I would do that willingly, I have a Witness in Court that was by at the same Time.
Hannah Malden . Last Night was a Week, as I was going along Coleman-Street, I heard a Disturbance up the Court, and went to see what was the Matter; there was a Man holding the Prisoner; the Prisoner said, What do you hold me for? And the Man said, My Window is open, and I believe you broke it; but whether you did or did not, I'll hold you till you give a Character of your self. Then more Mob beside me came up, and they sent for a Constable. The Man had hold of the Prisoner's Collar; he held him thus, as I hold this Gentleman. Give me leave, Sir, I won't hurt you.
Mr. Fry. I neither said these Words, nor any thing of that Nature, for I took the Prisoner in my Warehouse. He offered to give me half a Guinea for breaking my Windows, and said, if I'd go to a Tavern, or take Coach with him to the other End of the Town, he would make me any Satisfaction. He fell on his Knees, and said he hoped he had not damnified me. I told him I did not know yet what Damage was done besides breaking my Windows.
Court. Where do you live? and what Business do you follow? [to Malden.]
Malden. I live in little Moorfields, and go a washing and scouring. I had been at a Dyer's in the Old Jary, and was going home when I saw this.
Jurym. Did he ask you your Name then, and where you liv'd? Malden. No.
Jurym. How came you then to be an Evidence?
Malden. I went for a Pennyworth of Ashes at a Packer's in Coleman-street, and there they were a talking about it, and said, he was a good likely young Man, and that he was sent to Newgate. When I came Home, I spoke of him among my Neighbours, and told them what I had heard the Man say to the Prisoner, and they advised me to go to Newgate, and let the young Man know it.
Edward Wilcox . I have known the Prisoner 11 or 12 Years, he served his Time with Uncle Pet a Jobbing Smith, and he worked Journey-Work with Mrs. Morris a Smith in Eagle Court in the Strand. I don't believe any Body can stain his Character. His Name is William Hampton .
Mr. Mitchel. He was called up yesterday n + William Green's Trial, and a Woman swore he was the Man that brought the Goods, that Green was tried for stealing, to Green's House; and she said his Name was Hampton.
+ See the Trial of William Green, above.
Mr. Fry. He told the Justice's Clerk, that he was a Gentleman, and that his Trade was worth 100 a Year to him. He was committed by the Name of Roberts.
Court. What is his Name?
Hadly. I don't know whether it is Hampton or Roberts ; some call him by one Name, and some by another; I believe Hampton is a Nickname that People have given him.
Prisoner. I had two Fathers; my Mother's first Husband was Roberts, and the second Hampton, and so some call'd me by one Name, and some by another.
Ann Page . I have known him these 5 Years; he lodged 10 Months at my House in Eagle Court; my Husband has worked with him at Mrs. Morris's, when the Prisoner's Wife came to tell his Mistress, that he was got into Exile. We went to the Alehouse where they were, before he was carried before Sir William Billers , and there I heard the Prosecutor say, that he could not be positive whether he was the Man or no that entred his House, but he met him in the Alley, and being the first Man he found, he would hold him till he brought somebody to his Character. I never knew any Name he had but Roberts, but he came out of some Country, and I believe they gave him a Nickname from that Country.
Mr. Mitchel again. I was in company all the time the Prosecutor and Prisoner were at the Alehouse, and I heard no such thing.
The Jury found him guilty of the Indictment. Death .
Stephen Freeman . I had a Judge's Warrant against Jane Gale for assaulting me, and threatning to fire my House. My Wife and I had been hunting up and down for her, and at last, between 8 and 9 at Night, we met her at the End of Sheer Lane by Temple Bar. Says I to my Wife, there's Jane Gale ; Gale turned short, and said, what do you want with Jane Gale ? and so went into a Gin Shop kept by one Jones. I sent my Wife with the Warrant to get a Constable. Then the Gang that uses that House set upon me, and tore me and hal'd me about like mad; I warrant you there was twenty or thirty of them seiz'd me. You Rogue, says one, and you Dog, says the other, I'll do this, and I'll do that. Then I saw Jane Gale take 15 s. four Pence halfpenny out of my Pocket, and give it to Nel Walker , and went away. Then I seized Gale, and said, you shan't go now, till I get a Constable for you. And upon that all the Gang fell abroad on me again, and got her away directly, but my Wife took her in about a quarter of an Hour after, by the Judge's Warrant. I got a Warrant next Day from Justice Newton, and took Walker.
Gale. Did you mention the Robbery that Night? Freeman. Yes.
Ann Freeman . We met Gale as she was turning up Sheer Lane. Says I to my Husband, Stephen! there's Jane Gale ! She turned back and said, what do you want with Jane Gale ? so she went into a Brandy Shop, and my Husband sent me with the Warrant, and when I came back, there was a great Uproar, and she run away; and a Boy told me, that the Woman that had beat and robb'd my Husband was run up Stairs into Peter Wattle 's Coffee-house.
Gale. Freeman met me, and said, Mrs. Gale, I have a Judge's Warrant. Where is your Tip-staff, says I, to serve it? I have none, says he. Where's your Constable then? says I. Why, says he, I am one; and with that he pull'd out a Constable's Staff. You a Constable! says I, how came they to make a Foot Soldier a Constable? so went in to drink at Mrs. Jones's, and had a Quartern of Liquor; and he was so far from losing 15 s. that he had not enough to pay the Reckoning; for when Mrs. Jones asked him for the Money, he said he could not pay till his Wife came, and she afterwards paid for it. He took me into a Tipstaff's House, and he and his Wife-tore my Gown off my Back, and tumbled me in the Dirt ; and he did not charge me with the Robbery till 5 Days after I was committed.
Then the Copy of the Warrant for her Commitment was read. It was for an Assault, without any mention of a Felony, and dated November 6.
Freeman. I was robb'd on the second of November, and changed her on the third.
Court. It's a little strange, that you who was robb'd on the second, and got a Warrant on the sixth, should say nothing then of this Robbery, but only charge her with an Assault.
Court. What Business do you follow?
Kate. I keep a public House in Fleet Lane ; 'tis a Brandy Shop.
Freeman. She keeps no House, she's a common Night-walker.
Then the Warrant was read. It was for apprehending Ann Buck alias Pearse, alias Lewin, and Katherine Buck alias Pember, o't Suspicion of being concern'd with Jane Gale and Eleanor Walker in stealing 15 s. from Stephen Freeman .
Tho. Stevens . I was at the Castle Alehouse in Sheer Lane, when Freeman brought in Gale, and several more of these Women came with them. There was a great Disturbance and Confusion. I understood he had first carried her to Mr. Davis's, who would not take Charge of her, because she was not brought by a proper Officer. Freeman said he had a Judge's Warrant against her for an Assault, but I heard him make no mention of a Robbery. And he having no Authority to detain her, she made her Escape by the help of the Woman who came with her. Kate Buck , she in the red short Cloak there, and her Sister, and the Prisoners too, are pretty well known in this Court.
Court. Have not you another Name?
Pearse. Yes, I have had two Husbands, the first is dead, and his Name was Pearse, and I am Buck's Sister. Nay, you shan't catch me in a Lie; I ow'd Mrs. Jones, the Woman that keeps the Chandler's Shop, 7 s. 6 d. and so -
Court. What do you know of the Prisoners?
Pearse. Freeman brought Jane Gale into the Shop; he would have had her to a Tavern; but says she to him, there has been a great Demur betwixt us, because my Husband keeps that Whore Nan Parrot in your House, and therefore I won't go with you: And so he called for a Quartern.
Court. Do you know any thing of the Robbery?
Pearse. No, but only he charged me with it, and I was discharged by Alderman Billers.
- Thorp. Freeman and his Wife came to my House (the Ship Alehouse in the Old Bailey) and desired me to go with them to look for Gale. We went to Wind-mill-hill, and from thence to Gale's Sister's in Shoe Lane, where we drank to the Tune of half a Crown, and then we and two others went
Mrs. Wattle. I keep a Coffee-house in Ship-yard by Temple Bar. I was above Stairs when Gale came running up, and shut me in, and cry'd, for God-sake hide me. I was frighted. The Constable, and Freeman and his Wife followed. I ask'd 'em what was the Matter, and if she had robb'd 'em? and Mrs. Freeman said no.
Several other Witnesses swore that Freeman kept a vile House in White-Fryars ; that he said he knew nothing of the Robbery till next Day; and that he offered to make it up for 10 Guineas.
Freeman swore it was all false, and that they offered him 10 Guineas to make it up. The Jury found the Prisoners Guilty to the Value of 10 d. each .
George Venam , was indicted for stealing 3 penny Weight of Silver Wire , from Persons unknown. No Evidence appearing, he was acquitted .
79. Thomas Bonnamy , of Stratford Bow , Distiller , was indicted for breaking and entering the House of Thomas Williamson , and stealing part of the Plush Lining of a Coach, 3 Cassoy Seats, two Feather Beds, 4 Silk Curtains, 12 stuft Curtains, and 17 Glass Bottles, the Goods of Will. Vanute, Nov. 2 . about the Hour of 12 at Night .
The Prisoner had bought 17 large Glass Bottles of an old Man that cries old Rags and broken Glass ; and afterwards coming to Williamson's House, (in the Neighbourhood) and seeing some such Bottles there, he ask'd Williamson's Brother, for Williamson himself was blind, if he had not lost some such Bottles; for, says he, I have bought several of the like sort of an old Bottleman, and if you'll come to my Shop you shall see them, and if they belong to your Brother, I'll stop the old Fellow next time I see him. Williamson upon this (having lost several Goods) got a Search Warrant, and his Brother, with a Constable, went to the Prisoner's House, where they found some of those Bottles; and thereupon apprehended the Prisoner for Felony and Burglary. A great Number of Witnesses were sworn in the Prisoner's Behalf, by whose Evidence it appeared that he was a Person of good Credit and a fair Character. The Jury acquitted him.
The Court thinking Eliz. Long too young to be sworn, she was set aside.
Ann Long , the Child's Mother. On Sunday Nov. 5. my Child went up Stairs to play with this other little Girl. The Prisoner was asleep upon the Bed; they waked him with playing. He got and bolted the Door, and took my Girl by the Hand, and laid her upon the Bed and -
Court. You was not present?
Long. No this is what the Child told me.
Court. Then you must not go into Particulars, for what another told you is not Evidence. If she told you any thing that gave you Occasion to suspect that the Prisoner had been meddling with her, you may say so in general Terms.
Ann Long. I discovered it on the Thursday following by her stradling as she walked: I asked her what was the Matter made her walk so? She whimper'd, and said she was afraid to tell me. So I search'd her and found she was all gaulded, and had a Running of white Matter upon her.
Court. Did you observe any Marks of Violence?
Long. I found she had been very much abused.
Court. Of what Kind was the Abuse?
Long. Such as if a Man had attempted her - I asked her who did it? and she said, Jo. York (the Prisoner.) I shew'd her to a Midwife and a Doctor.
Lydia Scriven , Midwife. The Child was brought to me by Justice Giffard's Order; I found she had been much abused, and that he had had Carnal Knowledge of her. I search'd her in the same manner as I do a Woman in Travail.
Court. Do you think it was in order to have Carnal Knowledge of her?
Court. How can you tell?
Midwife. By the Marks. Her Body was very much bruised and abused, and she had a nasty Running on her, that the Doctors please to think is the foul Disease, and I think so too.
Court. Did you find any Marks of Violence?
Court. It may be proper for you to explain what you mean by a Gleet?
Smith. A Running of soul Matter, which I suppose to be of a Venereal Nature.
Court. Could that proceed from no other Cause than a Venereal Infection?
Smith. 'Tis possible it might.
Court. Could it be contracted without an Emissio Seminis on the Part of the Boy? You understand me?
Smith. Humh! I believe - it might.
Juryman. Was the Boy examin'd as to his having any Disorder upon him?
Smith. Yes, I found a foul Gleet upon him too; but I don't know how it came.
Daniel Long . I went to the Prisoner in the Bail Dock Yesterday, and ask'd him, what he thought of himself? He said, He was sorry for what he had done, in medling with my Daughter, and I said, I was sorry too. He own'd it to his Master too.
Prisoner. I only said I was sorry that I was sent hither.
D. Long. Did he not own it to you?
E. Kendale. He never downright own'd it; but he said, he was sorry that such a thing was done, and that he had ever plaid with the Children, for there were 4 of them in the Room at the same time.
Prisoner. I never offer'd to meddle not make with them in my Life; and there was no Lock nor Bolt to the Door.
Kendale. That's true, there was no Bolt to the Door.
Court. 'Tis improper Evidence, because the Girls have not been examin'd.
Stevens. Nay, if I must not speak what I know, I have no more to say, nor the other Witnesses neither. The Jury acquitted him.
82. William Parker , was indicted for assaulting Mary, the Wife of Arthur Harding , and breaking his Windows ; and for assaulting James and Richard Bright , to which three Indictments he pleaded Guilty .
[The Record was read, and agreed with the Indictment.]
Court. Was he sworn in the usual Manner?
Court. Did you see see him touch the Book?
Court. For what was he sworn?
Court. What was Holms at that time?
Plimpton. A Prisoner at the Bar.
Court. Are you sure the Defendant is the very Person who was then sworn?
Court. What Evidence did he give?
Plimpton. He swore that as he was coming from a Place call'd Iron-Gate, by Tower Hill, in his Way as he was going along he lit of this William Holms , and enquir'd of him the way to Bishopsgate-street. That Holms told him, he was going that way, and he would shew him the way. That accordingly Holms led him to a Place call'd Upper-Morefields, near the Booth, or the Wooden-house ; that then the Defendant told Holms, that he need not go any farther, for he then knew where he was, and offer'd Holms a Penny, which he refus'd; that then he offer'd him 2 d. which he likewise refused. That Holms gave a Whistle,
C. Is this the Evidence that was given?
C. Was there any thing said as to the Time?
Plimpton. Yes; when the Evidence was gone thro' on Holms's side, the Judge call'd the Defendant up again. And, says the Judge, Harnet, did you ever see that Holms before? Yes, says he, once or twice, my Lord. Where? says my Lord. At the Wrestling. Ring, says he. Then you are sure that's the Man? says my Lord. Yes, I am sure, says he, looking at the Prisoner Holms.
Court. You was saying something about the Time it was done.
Plimpton. The Time was mention'd to be about 10 at Night, within a Quarter over or under, there or thereabouts; that's the Evidence he gave.
Court. Will you ask this Witness any Questions? [To the Defendant.]
D. I gave my Evidence that it was past 10.
C. Now this is said to be all false, the Perjury is assign'd that there was no Robbery.
C. You should first inform the Court, on what Occasion he gave his Evidence. R. P. Jun. It was on the Trial of Will. Holms for a Robbery. C. Did you hear the Defendant sworn in that Cause? P. Jun. Yes. C. And by whom was he sworn? P. Jun. By the Officer of the Court. C. Did you see him touch the Book? P. Jun. I can't be positive to that. C. What was his Evidence?
P. Jun. He said, that coming from Iron-Gate, he met with William Holms , and ask'd him the way to Bishopsgate-street. That Holms offer'd to show him the way, and took him up and down several Streets, which he did not know the Names of, till he brought him to Upper-Morefields. That when they came there, he offer'd Holms a penny for his Trouble, which he refused. He then offer'd him Two-pence, and Holms also refused that, and after some Dispute, a little Man came up, and clapp'd a Pistol to his Breast, and Holms rifled his Pockets, and took 5 s. 0 d. out, and then took one of his Buckles. That he the Defendant said to Holms, they are not Silver, don't take them; but that Holms swore they were Silver, and he would have them, but Company coming up he got but one. The Defendant was ask'd, how he could be sure that Holms was the Person? and he said, he knew him by the Lights in coming along, and that he had reason to know his Guide. Then he brought Persons to swear what he said when he came home.
C. What did he say as to the time of Night?
P. Jun. He swore it was about 10 a-Clock, and I think he said it was the 19th of July last.
C. How came you both to recollect so particularly, did you take any Notes?
P. Sen. No, I did not.
P. Jun. I did. For Holms, who is now dead, was my Father's Servant, and being in some Trouble on this Account, he sent for my Father, and we went with him before Justice Garret. He was taken up the Day after the Robbery was said to be done.
John Chittham . I was in Court at the time of the Trial, and saw the Defendant sworn in the usual Manner; I think I saw him touch the Book. He swore, that he ask'd Holms the way to Bishopsgate-street, that Holms said, he was going that way, and led him to Morefields. That when they came there, he said to Holms, now you may go, for I know my way very well, and then offer'd him first a Penny, and afterwards Two-pence, both which Holms refus'd; and Whistling, a Man came up, and presented a Pistol to him, and Holms rifled his Pocket of 5 s. 9 d. and took a Silver-Buckle out of his Shoe. When he was ask'd, why Holms did not take the other Buckle? He said, My Lord, we heard a Noise, and he run one way, and I another. He said, he was positive to the Man, by his black bushy Hair. His Lordship ask'd him, How he knew? And he answer'd, By the Lights as they came along together.
Court. What Day did they say it was?
Chittham. To the best of my Knowledge the 19th of July, near or about 10 at Night.
Court. Now you may call your Witnesses to prove the Evidence on which Holms was acquitted. James Towers! What have you to say against the Defendant?
Towers. For robbing him in More-fields.
C. I would ask all the Witnesses if the Defendant was positive to the Day and Hour?
Towers. On the Day that the Defendant swore the Robbery was committed, which was the 19th of July, as I came from my Work, near Eight at Night, I met William Holms in Bishopsgate-street, at the Corner of Old-Bedlam ; says I, Where are you going, Will? And says he, To see for you; Mr. King has got a Shoulder of Mutton, desires you and I, and my Wife and Sister, to come to Supper with him to Night. I did not much care for going, and so I went on towards Holm's-House, which is in Old-Bedlam-Court, and he turned back and went with me. When he came home, he said to his Wife, Sarah ! come prithee get ready, Mr. King's Supper waits. Says she, Won't my Father go? Will, says I, to oblige you I will, and so he and I went before, about 8, and his Wife and Sister came after. We stay'd there with him till 11.
Court. Are you sure he did not go out in all that time?
Towers. I don't know that he was out of the Room. He might go out to make Water, but I am sure he was not out 5 Minutes.
Court. Are you positive that he was not out so long as to go to Upper-Morefields and back again?
Towers. That I am. I went home with him when the Company broke up. His Sister took hold of his Arm, and his Wife of mine. I saw him partly undrest, in order to go to Bed before I left him, and then it was half an Hour past a 11. Next Day, being the 20th of July, after I had done work, I went to drink a Pint of Beer at an Alehouse in Houndsditch. A Messenger came there, and told me, that my Son Holms was got into Trouble, and was at the Flying-Horse in Morefields. I wonder'd to hear it, because I knew he was not Quarrelsome; so I went thither, and found him sitting in a Box. What's the Matter? says I. Why, says he, Here's a Villain accuses me of Robbing him last Night. Robbing him? says I. Yes, says Holms, and has put a Buckle into my Pocket. Well, says I, we can prove where you was last Night. I'll go and fetch some of the People that were with us. I went out and met Mr. Plimpton and his Son.
Court. What Company had you at Supper at King's ?
Towers. Holms and I went first, as I said, about 8. His Wife Sarah and his Sister Susan came about 9. Then there was Thomas King , the Man of the House, and his Wife Giles King , and Johana Maxey . So meeting with Mr. Plimpton, I went back with him to the Flying-Horse, and Holms told him the same Story as he had told me; that the Villain had charg'd him with a Robbery, and had put a Buckle in his Pocket. His Master desir'd they might go before a Justice; I think 't was Justice Chamberlain's we went to; but he was not at home, and going from his Door the Constable and Holms cross'd Spittle-Yard in order to go to Justice Garret's, when I observ'd the Defendant, who was behind them, turn'd towards Bishopsgate-street, as if he was going off. I can't swear that that was his Design; but I believe he was sorry for what he had done, and was afraid to proceed. But I went behind him, and then he followed them ; and I desired the Constable to take Care of him. The Defendant finding such a favourable Reception at Justice Garret's, he swore the Robbery, or else I believe he would not have had the Impudence to have done it.
Thomas King . William Holms and his Father-in-Law came to my House, on the 19th of July in the Evening: It was a little turn'd of 8, and in a little time, about 9, his Wife and Sister came, and they all staid till 11 at Night, and then all went away together. I don't know that he went out of the Room till the Company broke up: But I am sure he was not absent so long as to go to Moorfields. I took Notice of the Day of the Month, because next Day he was charged with the Robbery.
Defendant. There was no Talk of his Wife being there when you gave your Evidence at his Trial.
King. What's the matter there was not?
Court. You must give him a fair Answer.
King. I gave the same Evidence then, and could not say otherwise, for I should have been wrong if I had.
Defendant. You gave no Evidence of his Wife then.
Court. He swears now positively, that he swore then that they came at different Times. If you can contradict him by other Evidence you may.
Court. The Court is Council for you.
Court. Did you find Holms there?
S. H. Yes, and we all staid till 11 or after, and I believe he never moved from his Seat in all the time. He was not missing a Minute to my Knowledge.
Court. Then you are sure he was not absent long enough to go to Moorfields?
S. H. I am positive to that.
C. How came you to remember the Day of the Month?
S. H. I took notice of it because he was taken up next Day.
C. What had you for Supper?
S. H. A Shoulder of Mutton and Cucumbers.
C. What Company supt there?
S. H. Mr. King and his Wife Giles, my Brother Holms and his Father, my Brother's Wife and I, and Mrs. Maxey [Maxstead]; my Brother and I, and his Wife, and his Father, went home together; and I saw my Brother and his Wife abed, and I don't know but they might be asleep before I left him.
C. Who is Mrs. Maxey ?
S. H. One that lived in the same House where we supt.
Def. You gave no Account of her in Holms's Trial.
S. H. She was here then, but there was no Occasion to call her.
Giles King . I dress'd the Supper. Holms and his Father came to my Room between 8 and 9 on the 19th of July, and his Wife and Sister followed, in about half an Hour. He staid all the time. I never saw him go out of the Room; for I never left the Room my self, but my Husband went out and in to fetch Drink.
Court. Was Wil. Holms your Husband?
Court. I believe there will be Proof enough without you, tho' otherwise ( as your Husband is dead) I think you might be admitted to give Evidence. But as there seems to be no Occasion for it at present, you had better stand aside a little, for I would not willingly na the least matter of Doubt with unexceptionable Evidence.
John Yates . I was drinking at Mr. Hoare's (the Constable's) at the Flying-horse in Moorfields. The Defendant came and told Mr. Hoare that he had seen a Man at the wrestling Ring who had robb'd him the Night before. Mr. Hoare call'd me to assist him. We went out together, and the Defendant told us we should find the Goods upon the Man, and desired us to stand off a little, while he went to the Ring and look'd for the Man. We staid about a quarter of an Hour, and Mr. Hoare being tired with waiting, sent me to see for the Defendant. The Defendant seeing me coming towards him, came and met me, and said, stay a little, the Man is there, and I see the Buckle upon him. I went back to Mr. Hoare, and presently the Defendant called us, and going up to Holms, he tapt him on the Shoulder, and said, This is the Man. We went to the King's Head Tavern, and the Defendant bid me search Holms. I search'd his left Coat Pocket, and found nothing; but the Constable searching the other, pull'd out a Buckle: The Defendant presently cry'd, that's my Buckle, and here's the Fellow to it: With that Holms said, then somebody put it in. We went to one Justice, but he was not at home, and so went again to Mr. Hoare's House, and he charg'd another Man to take care of Holms. So that I being no farther concerned, did not know when they went before the Justice again. By the Defendant's saying he saw the Buckle upon him, I thought it had been a Girdle-Buckle, till I saw it was a Shoe-Buckle.
Court. Did you see nothing else taken out of Holms's Pocket? Yates. Nothing, except it was 2 or 3 Goosberries. Dif. Did I ever tell you that I saw the Buckle upon him? Yates. Yes, those were your very Words. Def. I had no Discourse with you alone.
George Quarrel . I was coming over Moorfields the 19th of July at Night, and about the Middle of the Tenter-ground, I saw the Prisoner standing stock still, and 2 Gentlemen coming by, he ask'd them what was o'Clock; they answer'd him roughly ; and I coming up, told him it had just struck 10. He said he did not want to know, but only asked for his Fancy. Then he and I walking one Way, he told me he had been robb'd; and coming
Court. Did he appear under my Confusion?
Quarrel. He seemed to be frighted?
Court. You say he asked what was a Clock, and then told you it was only for his Fancy; did that look-like one that had been just robb'd?
Quarrel. I am not so good a Judge of that as your Lordship.
Def. Was it proper for me to tell you why I ask'd? You told me that I had been at your House with two Women.
Quarrel. That was when I came to your Lodging, not when I met you first.
Def. Did not you say in Moorfields, that a Fellow rushed after you, and whistled, and that you suspected somebody had been robb'd?
Quarrel. No. Def. You knew me first when we met. Quar. I never knew you, till I came to your Lodging.
Court. Had he been at your House with two Women?
Quar. Yes, a few Days before.
Def. I have met with a great deal of Trouble in a strange Place, and it is not to be expected that I should bring Witnesses from Ireland, from whence I lately came, and where my Friends live; but I have a Certificate here from the Mayor of Cork and other Gentlemen.
Court. The Court cannot read it; such Certificates may be procured in a very odd manner.
Def. I had no Money to subpoena Witnesses to prove it. Here are nothing but Circumstances against me; and I declare now, (tho' a Man may be mistaken) that he actually robb'd me, and I would say the same, if it was my dying Day.
The Jury found him guilty .
85. + Richard Coats was indicted for wilful and corrupt Perjury in his Evidence against Henry Thomas Sharp , Thomas Mills , and John Henly , for robbing him on the 16th of August last, of 2 s. two Pence Halfpenny in Marybone Fields. The Jury acquitted him
Part 1. p. 193.
The Trials being ended, the Court proceeded to give Judgment, as follows:
Receiv'd Sentence of Death 6.
Burnt in the Hand 2.
Hannah Sealy , Mary Jones , Tho. Swanson, Susannah Wharton , William Hawkins , Mary Thomas alias Murray, Alice alias Sarah Laverstitch , John Baker alias Beezeley, John Thomas , Rowland Friend , Susannah Friend alias Mason, Jane Adams , Daniel Ashley , Robert Gardner , Elizabeth Stanton , A - E - , John Nethercliffe , John Norcot , Joseph White , Alexander Chalmers , John Poole alias Powell, Bartholomew Harnet, Jane Wife of Thomas Gale , Eleanor Walker , John Urton , Benjamin Godfrey, John Flack , John Drew , Elizabeth Wife of George Reeves , Sarah Stapleton , Mary Fosset , alias Fossel, Mary Holloway , Margaret Dunn , Sarah Bennet , Mary James , Thomas Hilton, Mary Good , Francis Sharpe , Phillis Brown , and John Hawkins .
Bartholomew Harnet to stand in the Pillory at the Royal Exchange, at the End of Chancery Lane in Fleet-street, and at the End of Old Bedlam in Bishopsgate-street, to suffer 12 Months Imprisonment, and afterwards to be transported for 7 Years.