Friday the 12th, Saturday the 13th, and Monday the 15th of January 1733, in the Sixth Year of His MAJESTY's Reign.
Printed for J. WILFORD, behind the Chapter-House, near St. Paul's. M,DCC,XXXIII.
(Price Six Pence.)
BEFORE the Right Honourable JOHN BARBER , Lord Mayor of the City of London; the Honourable the Lord Chief Baron Reynolds ; Mr. Justice Probyn ; 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.
3. John Bennet , of Hammersmith , was indicted for the Murder of George Main , on the High-Seas, near Sheerness , in England, by beating him with a Stick call'd a Tiller, on the Head, Back, Shoulder, and Arms, and thereby giving him several Mortal Wounds on the 7th of November , of which Wounds he languish'd till the 2d of December following, and then dy'd , in the Hamlet of Hammersmith. He was a second time indicted on the Coroner's Inquisition for the said Murder.
G. Sugg. The Prisoner and I are Fishermen , we live at Hammersmith, the Deceas'd (a Boy about 11 Years old) was his Apprentice . On (the 28th of last October) the Day before my Lord Mayor's-Day, I agreed to go out a Fishing with the Prisoner, and I was to have a Groat in the Shilling of what we made of the large Fish, and half the small Fish, as is usual. We went from Hammersmith to Fulham, and there he left me 3 Days, while he went to his Wife to get some Money of her, and then he came to me, and we went to Sheerness ; but getting no Fish there, we went to Feversham, and from thence to Woolstaple-Bay, where having caught some Fish, we return'd to Feversham to sell them. We set the Boy on Shore with the Fish, and then put off again; but the Shore being very slippery the Boy let the Fish fall, upon which the Prisoner desir'd me to put too again; he went to the Boy, and beat him with a Rope, and return'd to the Boat, when presently the Boy fell down again; the Prisoner again went a-shore and beat him, and so return'd a second time-to the Boat; the Boy happen'd to fall a third time, upon which the Prisoner went a-shore once more, and he and the Boy went away together. The Boy came on Board again at Night, but the Prisoner did not come till next Morning, and threaten'd to beat the Boy for asking some Body at Feversham for a bit of Bread. Says the Boy, I hope there was no harm in asking for a little Bread when I was very hungry ? Well, says the Prisoner, I won't beat you now, but I'll give it you by and by when we come into Queenborough-Grounds. So we row'd through Queenborough-Grounds by Milton-Creek's Mouth towards Sheerness ; then the Prisoner took a 2 Inch Rope, and splitting it into 7 Strands, he ty'd 3 Knees in each Strand, and stripping the Boy stark naked (except only his Shoes and Stockings) he whipt him with this Cat of nine Tails, for I believe, full three Quarters of an Hour by the Clock, and then 2 Fishermen came up, and said, Why don't you kill the Boy out-right? You had better hurl him over-board at once, and put him out of his Misery. Upon that the Prisoner
Court. Did you observe any Marks on the Boy's Back?
Sugg. Yes, it was all black and blue, and wheal'd, and his Eye was cut some how in whipping; and when the Prisoner saw that, he threw the Cat-o'-nine-Tails over-board, and said, I am sorry I have beat you so much, but I'll never beat you any more. Then we went to Sheerness, where we staid 2 Days. The Prisoner and I drank together, and he and the Boy were good Friends. But going out to work next Morning he beat the Boy again, because the Boy had eat more Victuals than he intended to let him. Sirrah! says he, if you offer to eat a bit of Bread without asking my leave, I'll strip your Skin over your Shoulders. Two Days after this, when we were at work, he beat the Boy with a Helm-stick (the Titler, that we steer the Boat with) because he had eat some Victuals without asking leave. And when he had done beating him, he stript him to see if he was black and blue, and I saw the Blood was ready to start out of his Skin. Then we return'd to Sheerness, and were all good Friends again; but after this he beat the Boy again, because he was lousy, and he took some of the Lice, and thrust them into the Boy's Mouth, and swore, damn his Soul he'd make him eat them. The Boy told me, that he could not keep himself clean, for he had been 3 Months with his Master, and had had but 1 Shirt to his Back in all that time. After this the Prisoner and I quarrel'd and fought together.
Court. What did you quarrel about?
Sugg. I told him I would not work any more with him if he abused the Boy so.
Court. Had you no other Motive?
Sugg. Yes; he did not do by me as he should do about the Fish, for he went to Billingsgate and sold seven hundred, which I was to have had my share of, but he spent all the Money except Six-pence, and so we parted. But before this parting, I had taken up a Fisherman's Lave-Net, and put it into the Prisoner's Boat; and three Days after parting I met the owner of the Lave-Net, and told him of it, so we went together on board the Prisoner's Boat to fetch it; we asked the Boy where it was, and he said he knew nothing of it (for the Prisoner being there, I suppose the Boy was afraid to say it was there, without leave ) but the prisoner bid him see for it, and then he went and fetch'd it. I believe his Master had just been beating him afresh, for he was in a sad condition; his right Eye was cut down half an inch (it was his left Eye that was cut before) and his Cheek was cut a matter of two Inches down; the Blood was running fresh from those Wounds, and it run from his Head like a Spout.
Court. When was this ?
Sugg. I forget the Day of the Month, but it was on a Tuesday, about six Weeks or two Months ago. And four-Days after this, the Prisoner brought the News to Billingsgate, that his Boy was dead. He said that he fell from the Mast-Head, and killed himself; but that was impossible, for his Mast is so low, that a Man may stand upon his Boat's Head and reach the top of it.
Will. Finch. I saw the Prisoner beat the Boy barbarously with a Tiller, at Sheerness Dock; George Sugg (the last Witness) was then in the same Boat; I ridicu'd the Prisoner for so doing; You Villain! You Rascal you! says I, your Master never served you so! About a Week or a Fortnight after (I am not certain to the time, but it was upon a Friday-night) the Prisoner brought the Boy dead in his Boat to Hammersmith, and there he run her a-ground, and left the Boy in her all Night.
Court. Did you see that?
Finch. No; but the Boat was found there next Morning, and the Prisoner was gone to Billingsgate.
Court. But how do you know that the Prisoner brought the Boat in over Night?
Finch. Next Morning his Father came to my House crying; I asked him what was the Matter? He said Matter enough, his Son had brought his Boy home dead. I said it was no more than I expected.
Court. What his Father told you is no Evidence.
Finch. But I met the Prisoner himself not long after, and he said, What Cheer Finch? Pretty Cheer indeed, says I, you have made a fine piece of Work of it! your Boy is dead it seems, but it's what I expected. Why, says he, I own I have beat the Boy, but that was not the Cause of his Death.
Finch. Yes; and I saw he had several Wounds and Bruises.
Court. Were they such as you think might occasion his Death?
Finch. I have no Judgment in such Cases.
Court. The last Witness swore that the Prisoner sold some Fish, and then spent all the Money but Six-pence. Had you any concern in that Fish? Finch. No.
William Webster . About two Weeks before the Boy's Death, I was at Sheerness, and having some Fish to sell, I borrowed a Basket of the Boy (in the Prisoner's Absence) and in about half an Hour the Boy came to me crying, and said, Give me the Basket, my Master is going away. I asked him why he cry'd? He said his Master had knocked him down backwards two or three times with his Fist for lending me the Basket. I saw the Boy when the Coroner sat, his Body was blackish, and had several Wounds.
Court. Might not those Wounds be caused by a Fall from the Mast?
Webster. No, there could never be so many of them.
Court. Do you think those Wounds were the Cause of his Death?
Webster. I am no judge as to that.
Robert Davis . I am a Waterman at Hammersmith. On the 2d of December between One and Two in the Morning, the Prisoner's Father called and said, he had got a job for me that Tide; so I went down to the Water-side, and there I found the Prisoner putting the Fish out of his Boat into mine. He said he wanted me to carry that Fish to Billingsgate. Says I, How came you to bring this Fish by Billingsgate last Night, and now want me to carry it back thither? Why, says he, something has happened. So he laid down in the Boat sleep, and ordered me to land him at Card Alley (by the Old Swan.) When we came there, he fetch'd a Basket and sorted the Fish, and bade me go to Billingsgate and sell them. I asked who was his Market-Man, and he said, Blackbourn. The Prisoner went Home to Hammersmith that Night on foot, and I believe got there before me.
Henry Banks . The Prisoner's Wife and Sister came to me, and said, Can you make a Coffin? Yes, says I, have you brought the Measure? No, says his Sister, but if it is as high as my Shoulder it will do; and it must be done by six at Night. Before I had carried the Coffin Home, the Prisoner came and desired me to lend him a Hand to bring the Body from the Boat. I asked him if he had a Justice's Warrant for moving the Body; and he said, Yes. So he took a Lanthorn (for it was between 8 and 9 at Night) and I and another went with him to the Blue Anchor at the Water-side; when we came we found the Boat lay off from the Shore; so we took another Boat, and Robin Davis push'd us off. When we came to the Prisoner's Boat, I could not see the Body, and ask'd him where it lay? He said, in the Head of the Boat. So I put my Hand under the Head of the Boat, and felt the naked Body; it was crouded up so close there, that I thought it impossible to thrust a dead Body into so little room; and therefore it was my Opinion, that the Boy had crept in there for fear of being beat, and so had died in the Place. I was above an Hour in getting the Body out; but at last, I got it thro' a Hole 14 Inches square; it had no Clothes on, only it was wrapp'd up in a Red-rug. So says I to the Prisoner, Where's the Boy's Clothes? Why, says he, the Clothes are all bloody, for he fell from the Mast and kill'd himself. Then we went a-shore, and I put the Body a-thurt [athwart] the young Man's Shoulders, the Prisoner went before with the Lanthorn, I staid a little to launch the Boat off, and then follow'd. When the Prisoner came to the Lane's end, he was taken from us by the Constable. I help'd the young Man to carry the Body to the Prisoner's house, and there I laid it a-thurt a Bed, and then the Prisoner's Wife desir'd me to fetch the Coffin. I went, and when I return'd, the Body was made clean, and lay on a Table with the Back upwards.
Court. Did you observe any Marks on the Body?
Banks. I saw none, but one upon the Arm, and a red Circle round one Eye.
Court. The first Witness gave an account of the Boy being severely whipt sometime before
Banks. No, his Back was clean, I saw no Marks; I turned him and helped to put him in the Coffin.
Court. Did you examine his Head? Banks. No.
Court. Do you think those Bruises you saw could be the Cause of his Death?
Banks. I think not.
Court. Was you acquainted with the Prisoner?
Banks. Yes, I knew him when he sucked his Mother.
Court. What Character has he?
Banks. I never heard but he always behaved well before this.
John Dafforn . On Thursday (the Day before the Boy died) I went unto Sheerness, and there I saw the Prisoner and his Boy; it was then a very hard Frost. The Boy had nothing on but a Serge Waistcoat and Breeches, and he said he had been at Work all Night and all Day in the Cold, and had had no Victuals. He was wet to the Skin, and I seeing a dry Jacket in the Boat, said to him, Sirrah, why don't you put on that Jacket? I did put it on, says the Boy; but my Master made me pull it off again, and beat me, and broke my Head here about my Temples. Says I to the Prisoner, How can you use the poor Boy so, he is ready to perish with Wet and Cold, he'll never live to see London again? Then the Prisoner went a shore for a Pint of Gin (whether he intended any of it for the Boy or not I cannot tell) but when he was gone the Boy shew'd me his Head. There was a Wound in the Temples, and the Flesh was bruised and black all about it; and I afterwards understood that the Boy did not live above 5 Hours after.
Court. Do you think those Wounds were the Cause of his Death?
Dafforn. I believe those Wounds and want of looking after, and Hunger and Cold together, were the Cause of his Death, and especially Hunger and Cold; for we must all dye if we have nothing to eat or keep us warm.
Prisoner. I cut some Wood to make him a Fire, and hung his Shirt up to dry.
Benedict Duddle , Surgeon. Pursuant to the Coroner's Orders, on the 5th of December, I examined the Boy's Head, and found 3 contus'd Wounds, 2 of them were very considerable: I made a cross Incision, and raised the temporal Part, and found a large Quantity of coagulated Blood in the Interstices of the Fibres of the Muscles. I saw'd the Skull round in the ordinary way, but found no Contusion or Fracture in the Skull.
Court. Could that extravasated Blood be the Cause of his Death?
Mr. Duddle. The Dura Mater was found, but the Pia Mater much inflamed, and the Vessels much extended; the Vessels of the Brain were very turgid; the whole Substance of the Brain was much swell'd. Now the violent Concussion proceeding from the Blow, might so disturb and affect the Brain, as to occasion these Appearances, and so be the Cause of his Death.
Court. Have you known any Instances of a Person's Death being caused by such an external Violence when there was no Fracture in the Skull?
Mr. Duddle. Yes, there was one Biggs, who was killed at Kensington Gravel-Pis, on the 23d of May was a twelve Month, by being pushed against a Cart-wheel. There was only a single Wound, no Contusion or Fracture, and yet between the Pia Mater and Dura Mater we found five Ounces of extravasated Blood. And in the Transactions of the Royal Academy of Sciences at Paris, there is another Instance of a Criminal, who was to have been broke upon the Wheel, but (his Hands being chained behind him) he run his Head against a Wall, and died immediately: The Surgeon who opened his Head found no Contusion. I examined the Body of the deceased, I found nothing in the Thorax or Abdomen that could occasion his Death; I observed a Contusion in his Arm, upon which I raised the Skin, and found the Muscles discoloured, but nothing that could cause his Death, he had no other Wound but that in his Head.
John Delauny , Surgeon. I examined the Body with Mr. Duddle, and am of the same Opinion with him. There were 3 Contusions between the temporal and coronal Satur. We opened the Head and found an Inflammation of both the upper and lower Brain, though I can't tell if the Brain was swell'd so much as to be the Cause of his Death.
Court. Did you observe any Marks on his Back?
Delauny. I look'd on his Back, but saw no Marks, it was all clean and plain.
Court. What was his Temper, was he good natur'd?
Porter. Yes; 'tis possible the Boy might be killed if he fell from the top of his Mast, for it is 15 foot high.
Court. Here was one Witness said he could reach the top of it with his Hand.
Porter. He tells Lyes then.
Court. Is it usual for the Boys to go to the top of such Masts?
Porter. Yes, to Reeve the Blocks; 'tis very common.
John Woodmore . I have known him from a Child, and never knew him to hurt any Body, he was always good natur'd to me, and so he was in general; I have seen Fellows abuse him, and he has never said any thing again.
Henry Savery . On Friday the 2d of December, about 10 or 11 in the Morning, I met the Prisoner in his Boat by Greenwich, and says I, John, where's your Boy? why, says he, I am come to a sad Misfortune, I sent him up the Mast at Old-Haven in Essex, and he fell off and killed himself, and I carried him a-shore to get a Bed, but the People would not let me have one to put him in. The Prisoner was going up to London, and I was going outwards, and so we past and said no more: He was a civil Neighbour. The Jury found him guilty of Manslaughter only .
Edward Gouge. I dined in Bloomsbury-Square, and staid there till between 2 and 3 in the Morning, and then going home I met the Prisoner in Drury-Lane ; she challenged me by Name, and said I knew her and her Mother; this being just by a Brandy Shop, says I, let's go in, that I may see who you are. I sat down there, and pulled out my Watch, to see what o'Clock it was, and when I had staid some time I went away; I had not been gone above three Minutes before I mist my Watch, upon which I went back to the Shop, but she was gone. I asked the Man of the House if he knew her, he said yes; I bid him look for her, and if he could get my Watch again I would give him a Guinea.
Prisoner. When the Linkmen came into Mr. Puddington's Brandy Shop and attacked you, did not you take out your Watch, and did not I bid you take Care of it, and did not you then put it into my Hand?
Gouge. Not that I know of.
Prisoner. You did, as God is my Judge; but you was so drunk that you was hardly sensible, you called for 6 half Pints of Gin, and paid Puddington 2 s. for it.
Gouge. I was in Liquor I own.
Court. It may be necessary to ask you to what Degree, are you sure you was so far sensible as to be now capable of giving an Account of what you did then?
Gouge. I remember my sitting by Paddington, and giving him Liquor, and that when I went out I consider'd what Company I had been in, and thereupon felt for my Watch, and mist it.
Edward Toft , Headborough of St. Giles's. I went to the Round-house between 3 and 4 o' Sunday Morning, the 24th of December. The Prisoner was there, and I heard she had been stripp'd naked, to search for a Gold-Watch that had been stolen from a Gentleman; but to no Purpose. Puddington being there too, he said he had some Reason to suspect she had put it in a private Place, and upon hearing that, she presently shew'd me the Place he spoke of, and bid us search and welcome. He and I refused, but Jonathan Haselden (the Governor of the Round-house) undertook it, and after a little Examination, he produced the Watch.
Prisoner. I put it there to preserve it for the Gentleman, for fear my Husband should find it, and take it from me; for I did not think Puddington a proper Man to trust it with.
Prisoner. Was I deny'd to you when you came to my Lodging to enquire for me?
Puddington. No; but you deny'd having the Watch.
Prisoner. He and Cross fought about the Guinea they were to have for taking me up. This Fellow, my Lord, goes by the Name of Lawyer Puddington, the Law-splitter. He would swear this Candlestick was a Ha'penny Roll if he could get a Farthing by it. The Jury found her guilty to the value of 10 d.
5. Frances Ravenscroft , was indicted for stealing a Silk Gown and Petticoat, a Linen Gown, two Table Cloths, 17 Sets of Ivory Fansticks, two Silver Spoons, and other Things , the Goods of Mary Garier , December 5 . and,
8. Joseph Moge , was indicted for stealing a Canvas Bag, 997 Pieces of foreign silver Coin, call'd Dollars, value 230 l. and 2 Pieces of foreign silver Coin, call'd Ryals, value 10d. the Goods of Peter Cavalier , in a Ship, call'd the Bugby-Hole , Decem. 27 .
Capt. Thomas Radford . I had brought several Bags of Money in freight, and was going to send them to the Bank, when I miss'd one Bag that belong'd to Mr. Peter Cavalier , there was 997 Dollars, and 2 Ryals in it, it was taken out of my Chest in the Gun Room . The Prisoner is an Italian, he came over with me, I had given him his Passage. Upon search I found 2 Dollars in the Place where he lay, which made me suspect him. I examin'd him, and he confess'd he found the Bag in the 'Tween-decks, and kept it for me. We met with him at the Sign of the Tuscana Galley, where he gave me 800 and odd Dollars, 110 more we found by his Directions in a Jarr of Tent, and 16 at a Silversmith's Shop.
Prisoner. I found de Moany by de Goneroom Door, and not knowing who it belong to, I kept it till soam Body come to ass for it.
James Easton . I was with the Captain when he miss'd the Money, and went with him to the Tuscana Galley, where the Prisoner gave us 870 Dollars; which he said, he had found, and kept for the Captain, or any Body that should enquire for them.
Joseph Brooks . By the Captain's Order, I search'd the Ship for the Money that was missing, and found two Dollars on the Sails where the Prisoner used to lie, which made us suspect him. We found him at the Tuscana Galley, where he gave us 869 or 870 Dollars, and swore by G - , dare was all. We computed the Complement, and found there was 126 wanting. Then he said, he had sold Sisteen for 3 Guineas; he went with us to the Place, and we found them accordingly
Prisoner. I coud have gone avay vid de Moany if I vood, for I had it 2 Days and 2 Nights; but I kept it in espettasion dat it vood be ast for, and did no vant to concheal it, for ven de Captain essamind me about it, I told him directly vare it vas. The Jury found him Guilty .
10, 11. Sarah Walmsly , alias Lucas, alias Johnson , and were indicted for stealing four silver Spoons, two Tea-spoons, a gold Locket, a silver Locket, two gold Rings, a Gown, two Petticoats, ten Guineas and a half and two broad Pieces, the Goods and Money of Ann Saunderson , in her House . Decem. 22 . and,
18. Hester Hewson for receiving the same, knowing it to be stolen ; South was the Prosecutor's Servant , he miss'd the Money, and examining her, she confess'd she had taken it out of his Drawers at several times, and carry'd it to Hewson to keep for her. The Jury found her Guilty to the value of 39 s. but it not appearing that Hewson knew that the Money had been stolen, she was acquitted .
29, 30. Thomas Banks and Elizabeth Banks of St. George in the East , were indicted for breaking and entring the House of Thomas Kemp , and stealing a Clock, 4 Sheets, 3 Blankets, a pewter Dish, 2 Plates, 3 Shirts, 2 Stocks, 2 Towels, 3 Napkins, a Box Iron, and a Sauce-pan, Jan. 5 . about 8 at Night .
Thomas Kemp . I live in Penitent-street in Ratcliffe Highway . The Prisoners lived almost opposite to me. About 6 on Friday Night, I made my Doors fast, and went to an Alehouse over the way to Supper; for I am a single Man. About 9 I was told that my House was broke, I went home and found both my back Door and fore Door open, and that I had been robb'd. I was a new Comer, my House was not quite fitted up, nor made so secure as it might be; my back Door was fastened with a wooden Pin that went into a Hole in the Wainscot; my fore Door had a Lock, but between the Lock and the Staple there was a hollow place through which the
Court. What Goods did you lose?
Kemp. A Clock, 4 Sheets, 3 Blankets, 3 Shirts, 10 Napkins, a box Iron, a Sauce-pan, and other Things.
Court. Did you recover them?
Kemp. Yes. Rebecca Ford informed me that she saw Thomas Banks in my House that Night, and he was taken up the Sunday following, and committed to Newgate. From thence he sent a Man with a Letter to Jane Gillam , desiring her to let no Body see the Goods he had left at her House but his Doughtear. Gillam sent this Letter to his Daughter, and she desiring the Bearer to read it to her, he was over-heard, and so I came to know where the Goods were lodged; upon which I got a Warrant and found them at Gillam's's.
Court. Do you know who wrote it?
Farmer. Yes; I saw him write it.
T. Banks. I own I wrote the Letter.
Court. Let it be read.
Clerk reads. For Mrs. Gillam in Swan-Alley, in the Minories - Mrs. Gillam, I was sadly betrayed by the Woman which came to me at your House; I am sincerely obliged to you for your good-will, and beg you to put every thing I left at your House out of any Body's sight but my Daughter's, who will come with the Bearer to you, and desire you to let him have the Petticoat I left at your House. This is all I can ask of you at present. I am your real Friend, when in my Power. Thomas Bankes - I do not think that they can hurt me if you are but my Friend.
T. Banks. I acknowledge I left the Goods at Mrs. Gillam's. You [to the Prosecutor] you fastened the Doors at 6 a-Clock, and went out; did not you leave the Joiner at work in the House?
Kemp. No; the Joiner was putting up his Tools without the Door when I went.
Rebecca Ford . I was standing at my own Door (which is over-against Mr. Kemp's) with a Candle in my hand, about 8 a-Clock o' Friday Night; I saw Elizabeth Banks at Mr. Kemp's Door, and she being a Person of no Credit, I was willing to observe what she was about. By and by Thomas Banks (her Husband) came out of the House with a Bundle, and threw it out at the Door, and then taking it up he went away with it. It was as much as he c ould well carry. I thought he was going with it to his own House, but he went beyond. I follow'd him a little way, but he went too fast for me, and his Wife went home.
Court. How far is your Door from the Prosecutor's?
Ford. Just cross the way, 7 or 8 Yards.
Court. Could you know the Prisoners at that distance by the Light of your Candle?
Ford. I knew them easily, for they lived but hard by; so I went and raised the Neighbours, and told them Banks had got a good Booty.
T. Banks. You said before Justice Philips, that when I brought the Things to the Door I fell down, and the Bundle burst open, and that then my Wife came to hold a Candle.
Ford. I said then as I say now.
T. Banks. How long did you stand at your own Door?
Ford. I can't tell exactly.
T. B. You said before that it was but 3 or 4 Minutes.
Court. When was the other Prisoner taken?
Kemp. The same Night at her own Door.
Martha Negus . The Night after the Robbery I was a charing at a House next to Jane Gillam's in Swan-Alley; she call'd me out, and said, a Gentleman wanted me to go of an Errand; I went to her House, and there I found Thomas Banks dressing himself in a strange Disguise. He had tied a piece of a white Shoes about him like an Apron, and put a Woman's Apron over his Shoulders; he slopt his Hat over his Nose, and over that he wrapt another piece of Linnen, one end of which he brought down to his Mouth. I could not guess the meaning of all this, but he told me he was in great Poverty, and afraid of being arrested, and that he wanted me to go and carry a Gown to his Daughter, that she might come out to speak with him, for she had never a Gown to put on. He took me thro' Rag-Fair, where he bought an old pair of Shoes, and coming into Penitent-street,Thomas Banks . Now, says I, to Mr. Kemp, you may go down and take him; so I went down to Banks, and he ask'd me, if I had deliver'd the Goods as he order'd me? I told him, Yes; for being a naked Woman, I was afraid of some Mischief if I said otherwise, while he and I were alone in the Street. So then we went into a Brandy-Shop that was just by, and presently Mr. Kemp came in, and the Prisoner was taken.
Jane Gillam . About 12 a-Clock o' Friday Night, Thomas Banks knock'd at my Window ; I was a-bed, and told him, I could not get up. He begg'd me to go to his Wife, who was in the Watch-house; to get rid of him, I told him, I would; but I did not go. About 4 a-Clock o' Saturday Afternoon, I went out, and while I was gone, it seems, he brought the Goods to my House, for when I came home, says my Landlady, There's Mr. Banks in your Room, he has brought a Bundle of Goods, and seems to be in Trouble. He lay down, and slept till 9 a-Clock, and then I waked him; says he, I wish you'd carry this Gown to my Daughter, for she's stark naked. You're a devilish Dog, says I, to pawn all your Daughter's Things; I can't go, but I'll call Martha Negus , she's at next Door. So I called her, and they went together; it was not long before he came back, and told me he was foolish in going, for the Officers had like to have got him. As he was in Debt, I thought he meant the Bailiffs. I asked him where the Woman ( Martha Negus ) was? He said he believed she was got drunk, and he desired me to let him stay in my Room. I told him it was late, and I was a lone Woman , and therefore it would not be proper; he said his Heart was too full to have any Nonsense that way. So he lay down, and by and by a Neighbour called and said, that Black-Gown ( Martha Negus ) was taken up. I waked him, and he said he'd go and clear the Woman, and accordingly he went in the very Mouth of'em.
Samuel Alexander . I live next Door to Martha Negus ; about 12 a-Clock o'Saturday Night, Thomas Banks knock'd at her Door; says my Wife, What do you want? For God's sake, says he; call her down, for I am in much Trouble. I thought he was in fear of an Arrest, and so says I, you had better go into that Brandy-Shop, (which is but 3 or 4 Yards off) for you may be seen if you stand there. He told me, that he had already escaped over a Wall; he went into the Shop, and presently Kemp came and called me to assist in taking him, which I did just as he was coming out of the Brandy-Shop.
Court. Was he in the Brandy-Shop before Negus came down? for the says, she went in with him.
Negus. I went down and laid the first Hand on him after he went into the Shop; I told him he was a persidious Fellow to bring me into all that Trouble; but since I was a Prisoner he should be one too.
T. Banks. There was no Lock, nor Bolt, nor Pin, to the back Door, and it stands open Day and Night: And you say there was no Body in the House after you went out, was not one Mr. Daws there?
Kemp. Yes, but not till after I was told the House was broke open, and then several went in.
Banks. There were four Men, and Daws was one of them, he ow'd me a Spight, andRebecca Ford swore that the Bundle was wrapt up in a Sheet [or a Blanket] and thrown out at the Door on the Ground. The Street was very dirty then, but that Blanket that was found at Mrs. Gillam's on Monday, was not dirty.
Kemp. I lost three Blanket's and found but one of 'em again.
Mary Banks , (the Prisoner's Daughter.) About 5 a Clock o' Saturday Morning, Edward Daws and Mr. Kemp brought these Things in a Bundle, and laid them under our Window; but seeing me look out at the Window, they turned their Backs and went away.
Court. Are these the same Things in Court?
M. B. Yes.
Court. How do you know, did you see them opened?
M. B. No, but it was such a Bundle.
Court. What became of the Bundle?
M. B. They carried it away again in a Minute.
Court. But are you sure that it was Daws and the Prosecuter who laid this Bundle under the Window? M. B. Yes.
Court. Was not there a Disturbance in the Neighbourhood about Kemp's House being broke open before this Bundle was brought?
M. B. Yes, on the Thursday Night, but my Father was then sitting at home by the Fireside.
Court. This will not account for his carrying those Things to Gillam's.
T. Banks. Daws cannot deny the bringing those Goods to my Window.
Court. Did you and Kemp on Saturday Morning, or at any other Time after the Fact, leave any Goods whatever under the Prisoner's Window?
T. Banks. Was not you in Kemp's House the Night the Fact was committed?
T. Banks. Kemp told the Justice that his back Door was not forced open.
Kemp. No, I said no such Thing: I said I found them both open, but did not know how they came open.
M. B. I saw Kemp go out and leave the Door open, and after that the Workmen came out.
Court. Was that before Mrs. Ford called out?
M. B. Yes.
Kemp. The Workmen was without the Door when I went away.
Court to M. B. Did the Workman come only from the House, or out of it?
M. B. He came out of it; for Kemp did not lock the Door.
Kemp. I did lock it.
31. Samuel Thomas , of St. Giles's without Cripplegate , was indicted for the Murder of Elizabeth his Wife , by throwing her on the Ground, and striking and kicking her on the Head and Membrane of the Brain, and thereby giving her several mortal Bruises, of which she instantly died , on the 4th of January . He was a 2d time indicted on the Coroner's Inquisition for the said Murder.
Eleanor Bird . I live in Bell-Alley in Golden-Lane . Last Wednesday Night was seven-night I went to Bed about ten and fell asleep; I was waked between 12 and 1, by a great Noise in the Entry below. When the Prisoner was quarreling with his Wife, he swore, Damn his Eyes and Liver, get up Bess! but she was so fuddled that she could not
Court. How do you know she was fuddled? Did you see her?
Bird. No, but she would have got up her self if she had not been drunk, so he brought her up Stairs, and lifting up the Latch he put her into my Room, and there he beat her and paid her with his Feet and Hands as he had done below; and then I heard something gush: I was afraid it was Blood, and so I struck a Light, and she was all in a Goar, in the grievousest Manner that ever you saw any Creature; but I can't tell where the Blood descended from. He struck her no more after the Light came, but turned her Face up and
Prisoner. Did not you say that her Shift was bloody?
Bird. No; I did not see any Shift that she had.
Ann Rush . Bird and I lay in the same Room, I went to Bed about 10, and was waked between 12 and 1, by a great Noise; the Prisoner was beating his Wife sadly in the Entry. I heard both their Voices, I heard him say, get up Stairs, you Bitch! I heard several blows and Stamps, and I heard her say, I am going as fast as I can; then he dragged her up Stairs and opened our Door.
Court. How do you know he dragg'd her up, if you did not see him?
Rush. I could hear that, and besides she was not able to come up her self.
Court. Why do you think so?
Rush. Because he had beat her to that Degree, that she could not be able to go.
Court. But might not her Inability proceed from her being in Liquor?
Rush. I don't know whether she was in Liquor or no: When he had got her into our Room, I heard him stamp, and I believe by the Sound he stamp'd upon her, but I will not be positive, because I had no Candle; but when Eleanor Bird had struck a Light, I saw the deceased lying upon her Face, all in a goar of Blood, and in a very deplorable Condition. He turned her upon her Back, and said, my dear Wife, I fear I have killed you!
Court. What did she say?
Rush. She never spoke a Word after. They both lodged in the same House one pair of Stairs higher. Then he went to his Sister-in-Law, who wash'd her Wounds, and put her to Bed, but she died about 4 in the Afternoon. I had lodged but a Month in the same House, but he had beat her several times in that Space.
Court. Was she addicted to drinking?
Rush. I don't know.
E. Bird again. They and I lived in that House 3 Years, I don't know that she was addicted to Drinking, except she might be fuddled at that time, and I suppose they had been drinking together.
Court. Do you know any Thing of the Fact he now stands indicted for?
Hudson. No more than that Word was brought me of her being kill'd, for I lived afar off from where she did.
Court. You are not to give an Account of what you heard from others, for that is no Evidence, nor is it proper for you to run into Particulars that have no Relation to this Fact.
Susan Marriage . I live next door to the Prisoner, and lie in a Ground Room close to the Window. The Prisoner often fell out with his Wife, and that Night I heard him draw her along under my Window like a Beast.
Court. How do you know it was either he or she?
S. M. I knew their Voices; and I heard her say, Don't strike me any more, for if you do you will kill me! and he answer'd, Ye Bitch, it's my Design!
Court. Are you positive it was he who made that Answer?
S. M. I think it was; I am partly sure it was.
Prisoner. That Witness has told a great many Lies about it already.
Bridget Decartney . I live next door too; and between 11 and 12 at Night, as I lay a Bed, I heard an Argument in the Passage, betwixt the Prisoner and his Wife. She cry'd, with a bitter Groan, Oh! Oh! Oh! and he said, Ye Bitch, get up!
Court. Did he say only up, or up Stairs?
B. D. Not up Stairs, but only up, from where she fell. And says she, I am not able to get up, without you help me. Yes, ye Bitch , I'll help ye up, says he. Dear Sam, says she, don't strike me, for if ye do you'll kill me. Ye Bitch, says he, 'tis my Design to kill you!
Court. Are you sure that they spoke those Words?
B. D. Yes, I am sure by their Voices, for I have known 'em twenty five Years.
Prison. That's more years than you are old.
B. D. May be so.
Prisoner. I don't know what you know of me, but I know nothing of you, but that you are a Drunkard, like my Wife.
Sarah Lee . The Prisoner served his Wife much in the same manner a year and a half ago, and if it had not been for me she had dy'd then.
Court. What do you know of the Fact he is now charged with?
S. L. Last Thursday Morning was a-se'nnight I met his Landlady, who told me a sad Accident had happened, for Sam Thomas had killed Bess, and asked me if I would not go up and see her; so I went up, and she lay in a plovable Condition; all her Head was cut so that I could put my Finger in the Wounds; I felt of her Belly, and it was cold, and she had bled three quarts of Blood. Says I, she's a dying Woman; Why don't you take the Rogue up? Then he came into the Room, and stoop'd to kiss her, and says he, I know I have killed her, and you Bitches, G - d d - n you, won't stick to hang me for it, if you can; but I know you can't, for I shall get off. And then taking up a Poker he went out swearing, G - d d - n us, he would make a Sacrifice of the first Bitch that offered to stop him.
Con. What Business did the Prisoner follow?
S. L. He's a Bunter; I knew his Wife from a Child, she was about 26 or 27 Years old when she died, and a likely sober Body she was.
Thomas Godman . The Overseers of the Parish and the Coroner sent for me to see the Deceased before she dy'd. I found her in Convulsions, and in a manner expiring; I told them she was a dead Woman, and it was in vain to do any Thing to save her, and she died about 4 in the Afternoon. I view'd her afterwards, her Head and Body were full of Contusions all over; I never saw any one in the like Condition. There was a large Cut in her Head, and her Head was 'swell'd in Comparison as big as a Peck. I opened the Muscles that cover the Skull, and found a large Quantity of extravasated Blood lying on the Sutors, which were in a manner separated. I believe there might be a Pint, or a Pint and a half of Blood, for I took out several Handfuls. This extravasated Blood must have been caus'd by external Blows, and having such an Effect upon the Sutors must have been the Cause of her Death, and therefore I had no Occasion to open the Skull, or examine any farther.
The Prisoner's Defence.
Prisoner. My Wife was always drunk two or three Days in a Week; and that same Night I found her with a Man that she kept Company with, and so I got her Home; and I own I did beat her, because she was drunk, but in going up Stairs she and I both fell down. And then she was much addicted to pilfering, for she would often thieve wet Shirts and Smocks.
Court. Have you any Body to give you a Character?
Prisoner. No. But I can say this of my self, that if there is an honest Man in the World I am one; and I have a Witness that can give a Character of my Wife.
Elizabeth Powell . The Deceased was given to pillfering : One Day she brought me a wet Smock, and would have had me to have dry'd it and carry'd it to pawn; and because I would not, she throw'd it away. Indeed she was fuddled then, and so she was often, for she was mightily given to drinking.
Another. You lie, Hussey, she was a good honest working Woman, and would slave like a Pack-Horse when you would come Home with an empty Basket.
The Jury found him guilty of both Indictments. Death .
32. John Alexander Mears, alias Cromwit, alias Emerton , was indicted for stealing a Deal Box, value 6 d. 3 Gold Rings, value 20 s. 2 Silver Spoons, value 12 s. a Silver Ladle, value 20 s. 9 Guineas, 11 s. 2 Pair of Silver Buckles, a Napkin, a Silk Hood, 2 Fans, a Pen-knife, a Case-knife, a Pair of Gloves, and a Pairs of Shoes, the Goods and Money of William Holder , in his House , December 16 . And
Margaret Holder . I keep a Publick Cellar in the Strand, facing Somerset-house . I had harboured the Prisoner Emerton about 3 Weeks in my Cellar. He was a poor shabby Fellow, tho' now he has got a good Suit of Cloaths to his Back, but the Money that he stole from me paid for 'em. He used to do odd Chars, run of Errands, and water Horses. I gave him Victuals, and let him sit up by my Fire all Night. My Daughter lay up 3 Pair of Stairs, and she being taken ill, I went up to see herAnn Delamore and Mary Hemming ) in the Cellar. I had not been gone long before one of the Girls came up and told me that John Emerton had taken my Box, and was run up Swan-yard with it.
Court. What had you in the Box?
Holder. Nine Guineas, 11 Shillings, and 12 penny worth of Halfpence; a Silver Punch-Ladle, 2 Silver Spoons, 3 Gold Rings, 2 Pair of Silver Buckles, a Pair of Shoes, 4 Pair of Gloves, a Silk Hood, 3 Knives, one of them was a Pen-knife, and several other Things that I can't remember.
Court. Where did you leave the Box when you went up?
M. H. It stood on a Trunk in my Bed-room, on the same Floor with the Publick Room in the Cellar. The Door of my Room was left open, but the Box was lock'd.
Court. Did you find your Goods again?
M. H. I found the Box, and some of my Goods, at the Bull-Head in Wells's Yard in Tottenham-Court Road, where he had taken a Lodging; but all my Money, 2 of the Gold Rings, and other Things, were quite lost. This honest Man here apprehended him, and he was admitted to Newgate ; and as he was going thither, he sent a Messenger to the other Prisoner Gore, to desire Gore to bring him all the Money he could raise. The Messenger shewed me the Directions, and we got a Warrant and search'd Gore's Room, where we found a Pair of Gloves, and two Knives, that I had lost. Gore was frighted, and said if we would not hurt him he would tell us where the Box was. We promis'd to be favourable if he would confess all he knew; and so he directed us to Emerton's Lodgings. Upon that we discharg'd Gore, only the Justice bound him over to be an Evidence against Emerton. But after this Gore sent my Punch-Ladle to pawn (which he told us before that he knew nothing of) and so he was taken up again. I and my Husband are poer old Folks, we had taken a great deal of Pains to scrape a little Money together; and that Rogue Emerton ( tho' I had given him a good Dinner that Day) robb'd us of all, and left us but 3 pence ha'peny in the World.
Alex Miller , Constable. I was sent for to the Pawnbroker's House, where one Michael Tool was stop'd for offering to pawn the Prosecutor's Punch Ladle. Tool told us he had it from Gore, and went with us to an Alehouse in Drury-Lane, where we found Gore; who after some shuffling own'd that he sent Tool to pawn it.
Gore. Emerton gave the Ladle to my Wife to pawn, but I never touch'd it my self; and if I own'd it I was not in my right Senses.
Tho. Hitchcock. On the 16th of December, about 3 in the Afternoon, as I was sweeping Swan-Yard (which is near the Prosecutor's Cellar) when Emerton came running up with a Box, I ask'd him where he was going in such a Hurry (for I had some Knowledge of him, having seen him before) he made me no Answer, but kept running; when presently the Girl ( Ann Delamore ) came after him, calling out, John! John! don't run away with my Grandmother's Box! I follow'd him, but lost sight of him, and so I came back.
A. D. Almost twelve.
Court. Suppose now you should take an Oath, and swear any thing that is not true, what do you think will become of you?
A. D. After I die I shall never be happy.
Court. Let her be sworn. Now besure you say nothing but the Truth.
A. D. Yes, my Lord. My Grandmother went up and left John Emerton and me, and this Girl ( Mary Hemmings ) in the Cellar. Then he went up into the Street, and came down again presently, and told her that her Mother wanted her; so she went. Then he sent me for a Pint of Beer; I draw'd it, and set it by him, and then I went up; and Molly Hemmings came to me, and said, Let's go down and see what John's a doing. So just as we were going down he came up the Stairs, with my Grandmother's Box, and run by us. I follow'd him, and cry'd, John! John! don't run away with my Grandmother's Box. He said, I am coming again presently.
Court. Where did that Box use to stand?
A. D. In my Grandmother's Bed-Room, and the Door was open.
Court. Do you know what was in the Box?
A. D. Not justly, for I did not look in it often; but I know my Grandmother kept her Ladle there when it was not in use. When I went up I left no Soul below but John.
Mary Hemmings . Emerton went up into the Street to see the Gully-hole open'd, and when he came down again, he says to me, Molly Hemmings , your Mother wants you; I went up, but not finding my Mother, I was going down again, but when I was got down 4 Stairs, he came and turned me up again, and said, my Mother was at young Mrs. Holder's; I went thither, but my Mother was not there, and so in going back I saw Nanny Delamore by the Gully-hole, she said, she was going to tell her Grandmother. that John had had a Pint of Beer. Lord Nanny! says I, I wonder what this John is doing by himself, let's go and see; and just as we were turning down, he came up with the Box, and got by us. He walk'd till he came to the Queen's-Head Door, but as soon as we call'd out John, John, don't run away with the Box; he said, I am coming again, Child, and then he ran up Swan-Alley like any thing.
C. Where did the Box use to stand?
M. H. In the inner Room just by the Door, and near the Chimly Corner; He had it partly under his Coat; but I saw the Lock.
Nathaniel Lake. On the 19th of December, Mrs. Holder, told me, Emerton had robb'd her, I wish you had told me so before, says I, for I had an Opportunity of taking him. However, I met with him in St. Giles's, on the 26th of December, and carry'd him to her House, tho' he run from me by the Old Playhouse, but I catch'd him again. As we were carrying him in a Coach to Newgate, he pray'd me to go to Gore's Lodging, (in Colston's-Court in Drury Lane) and desire Gore to send him some Money. I told Mrs. Holder of this, she got a Warrant, we search'd Gore's Room, and found a pair of Gloves and two Knives there, which she own'd; when Gore saw that, he said, Don't hurt me, and I'll tell you where the Box is; and so he directed us to Emerton's Lodgings where we found it. We asked Gore, if he knew where the silver Spoons and Ladle were? and he said, he knew nothing of them.
Gore. There were Things in the Box of greater values than the Ladle and Spoons, why should you ask after them only ?
Lake. Mrs. Holder did ask for several other Things, but I did not.
Jonathan Jones . I insisted Mr. Lake in taking Emerton, and as we were carrying him in a Coach to Newgate, he writ down Gore's Name with Chalk upon my Hat, and desired me to tell Gore to bring all the Money he had to him directly. We got a Warrant, and found the Gloves and Knives at Gore's, and he told us where the Box was: I remember in particular this broken Ring and this Snuff Box, which Mrs. Holder owns, were found in Emerton's Room.
John Noon . I am Servant to Mr. Stone the Pawnbroker, I had notice given me, stop such a silver Ladle as this, if any Body offer'd to pawn it to me, and on Friday Evening, the 19th of December, this was brought by Michael Tool , of whom I had some Knowledge, the Handle was broke off; says I, you have made strange work with this Ladle? Ay, says he, a sad Accident happened when this was done, for a China Punch bowl was broke at the same time. So I jump'd over the Counter, and seiz'd him, What do you mean 'Saule me? No, says I, but I'll pepper you, if you don't tell me how you came by that. He told me, he had it from Gore, who was at an Alehouse (the Sign of the Theatre) in Drury-Lane ; I went thither, and found Gore a playing at Cards; but he play'd the wrong Card then. Says Tool, that's the Man I had the Ladle from, and Gore after some Shuffling, and pretending that his Wife save it to Tool, at last confess'd that he himself delivered it to Tool.
Richard Humphries , Headborough. Gore let us search his Room readily, and told us where the Box was, at Emerton's Lodging in Wells-Court by St. Giles's Pound; there was a Shirt hanging in Gore's Room, and says he, When Emerton sent you to me for Money, I suppose he meant I should pawn this Shirt.
Gore. They took away a pair of my Shoes, I hope I may have them again?
Mrs. Holder. Yes, there was a pair of Shoes that are none of mine, and they are in the Box there.
Court. Then as they are not yours, and he claims them, let him have them: Officer, give those Shoes to the Prisoner, and if there's any thing else that belongs to him, let him have it.
Gore. I thank your Lordship, I claim nothing else.
Emerton. I had used Mrs. Holder's Cellar 3 Weeks Night and Day, and I happening
Court. And why did you not return according to your Promise, or at least acquaint the Prosecutor with it?
Emerton. My Friend kept me to drink with him longer than I expected, and besides I ow'd her a little Money, about 3 s. which I could not pay her till I had Remittances out of the Country, which I afterwards received indeed; but my Friend hearing of it, he desired me to lend him 15 s. upon the Ladle and the Rings, which I did, and then he told me he had some other odd Trifles in the Box, which I might make Use of if I had occasion, and so I took the Box to my Room; but he not returning me the 15s. at the time he promised, and I wanting Money, I gave the things to Gore's Wife to pawn, and she brought me 6 s.
Court. Who was this Friend of yours?
Emerton. John James ; but I hear he is absconded since, as well as Michael Tool : On the 26th of December I intended to call and pay Mrs. Holder; but happening to be drinking where Mrs. Lake was, he charged me with the Fact, every thing else is as the Witnesses have sworn.
William Nolton . I keep an Alehouse in Milford-lane, I have known the Prisoner Gore above a year; he has followed the Sea, but he's a Painter by Trade; he painted my House and lodged there a quarter of a year last Summer: He has paid above 50 s. for me, and brought me the Receipt very honestly; I have trusted him in my House and never heard but he was a civil honest Man.
Court. And how did you spend your time there every Night?
Rigg. In drinking and playing at Cards.
Court. Did Emerton belong to your Club too?
Rigg. No, but I have seen him there once or twice. The Jury acquitted Gore, and found Emerton guilty of the Indictment. Death .
34, 35, 36. John Ackers , John Welton , and William Booth of St. James's Westminster , were indicted for assaulting Richard Harvey on the Highway, putting him in Fear, and taking from him a Penknife and 35s. his Goods and Money, and an Iron Key , the Property of John Shute , Esq ; December 12 .
[At the Request of the Prisoners, the Witnesses were examined apart.]
Richard Harvey . On the 12th of December, near 9 at Night, I was going with a Letter for my Master Col. Shute , to the Foreign Post, and under the dead Wall, at the End of Albemarle-street , I was seiz'd by some Street Robbers, I know not how many, but there were more than two; they sat me upon a Rail opposite to the dead Wall, and blinded me with their Hands, and then punching me in the Face with something, they took 1 l. 15 s. and an old clasp Penknife of mine, and a Clock Case-key of my Master's from me, and then giving me a thump upon my Back, they bid me go about my Business. It was very dark and I don't know who they were.
Charles Mascall . On the 11th of November Booth and I stop't a Coach between 6 and 7 at Night, and robb'd two Gentlemen of two Purses, a Guinea and Silver; and on the 12th of December between 8 and 9 at Night we attacked the Prosecutor in Albemarle-street, Welton stopt him first, then I took hold of him, Ackers jobb'd him in the Face with a Pistol 3 times, and then Booth came up, clapt a Pistol to his Throat, and blinded him with his Hand.
R. Harvey. I felt something like Iron at my Throat, but did not see what it was.
Court. What Meat was it, and how was it drest?
Mascall. It was ready drest, but cold, I believe it was roasted; it was a sort of a Breast of Mutton, there was 2 pieces, and one had a Marrow-bone to it.
Booth. Does a Marrow-bone belong to a Breast of Mutton?
Mascall. I don't say that both pieces were the Breast. From thence we went to a Pawnbroker's in Bowl-yard, where Welton had pawn'd his Goat for 4 s. and we redeemed it. Then we went to a House we constantly use, the King's-Arms, the Corner of Lawrence-Lane in St. Giles's. 'Tis a grand bandy House, where they harbour Thieves and Whores, and let 'em in at all Hours in the Night. There we had some Beer, and I being about to go home, asked them to let me have a Shilling; they denied me at first, but afterwards Ackers and Booth came out and gave it me, and I went away and bought some Victuals with it for my Family, but the Prisoners lay there together.
Court. How do you know?
Mascall. They commonly lie there, and I found 'em there at 9 o' Clock the next Morning; then they gave me one Shilling more for my Share, so that I got but 2 s. in all.
Court. How came you to differ?
Mascall. I heard that Goodman was going to make himself an Evidence, and so I got the Start of him, and went voluntairly before Justice Hilder and made my Information. Goodman was taken with the rest, but he was afterwards admitted an Evidence too. The Robbery was on the 12th of December, and I made my Information on the 18th of December.
Court. Where did you meet before you went out upon this Robbery?
Mascall. We met that Morning as usual about nine o' Clock, at the King's-Arms, and there we staid till between 6 and 7 at Night, and that's the Time we commonly go out to pick Pockets, and what Handkerchiefs we meet with we bring to the Woman at the King's Arms; then we get our Suppers, and afterwards turn out upon Street-Robberies. That Night we went round all the Streets till we came to Albemarle Street, and there we stood by the Garden to look-out, till we met with the Prosecutor. We had three Pistols among, us, Ackers, Booth, and Goodman had each of 'em one, but I had none that Night. I had been out with them but three Weeks; the first Time was the 11th of November, when I committed that Robbery with Booth. I was a Carter before, and a Master, but I met with Losses.
Booth. Kirk the Thief-catcher lent him those Pistols to produce here in Court.
Mascall. Goodman pawn'd his Coat to buy these Pistols, and I happening to see them lying over their Bed, they told George Sutton of it, (he is now in the Bail Dock) and he said I might as well turn-out with them, and so I had them to keep.
Booth. He has said that he had these Pistols six Weeks, and now he says that he had not known us above three Weeks.
Mascall. I say I had not robb'd with you above three Weeks.
Booth. How came you and I acquainted?
Mascall. I knew your Father 15 or 16 years, and my first Acquaintance with you was seven years ago; you used to come and enquire after me.
Booth. Sam Goodman 's Friends gave 7 s. to these Thief-catching Bailiffs, Kirk and Brock [alias Brogden Poplet] to make him an Evidence. Mascall is a Thief-catcher too, he belongs to their Club. He took Viner White, (when I and Sutton were Evidences* ) and he had 9 l. odd for his part of the Reward. I set down a Candle by him at the King's-Arms, and it happened to burn his Wig, upon which he swore that Jobb should fetch him 140 l. He has ow'd me a Spight ever since, and once he went to cut my Throat.
* Against C. Patrick, W. Moods and V. White, in September last. Vide Sessions Paper, Numb. 7. Part 1. Page 185.
Samuel Goodman . On the 12th of December, between 8 and 9 at Night, the Prisoners and I and Charles Mascall were walking about the lower End of Albemarle-Street, there's a dead Wall on one Side, and Rails on the other; the Prosecutor coming along, Welton stop'd him; Ackers hit him a Knock or two in the Face with a Pistol; Booth blinded his Eyes with his Hand, and hit him under the Throat with another Pistol; Welton took his Money, and told us there was but 19 s. and 6 d. tho'it seems there was more; Mascall took a little Key, and I took a clasp'd Knife, and then we all ran away. We bought some cold Mutton at a Cook's Shop (I don't know the Name of the Place) it cost about 8 d. there were two or three odd Pieces of it ready dress'd; I believe it was roasted; one was a Marrow-bone Piece.
Court. And what was the other?
G. They were both Marrow-bone Pieces. Then we went to an Alehouse in Drury-Lane (I don't know the House) and there we had 3 or 4 Pots of Ale, and broil'd the Mutton and eat it. We spent about 18 d. we did not stay a great while there, but went to the King's-Arms the Corner of Lawrence-Lane, where we always used to lie, and there we all went to Bed.
Court. Did you all lie there that Night?
Court. Are you sure of it?
G. Yes, I think so; except Mascall; I believe he went away, for he did not use to lie there because he has a Wife; but Ackers, Welton and Booth lay together, I saw them a-bed. We were all together next day at the same House.
Court. Was Mascall there?
G. I can't say, but he used to come every Morning. We divided the Money over Night; I and Mascall had 2 s. a-piece, and there was 4 s. paid to fetch Welton's Coat out of pawn.
Court. What Arms had you?
G. Three Pistols.
Court. Who did they belong to?
Samuel Goodman . To all of us alike. They made me fuddled, and I pawn'd my Coat for 18 s. and with that we bought a Pair of Pistols; I am not sure that these here are the same Pistols, but they were such.
Court. If you bought 'em, how came you not to keep 'em?
G. They used to keep 'em and plant 'e m as they pleas'd; I had not gone out with them above six Weeks.
Court. How long after the Fact was it before the Discovery was made?
G. I was taken up the Week before Christmas.
Court. Was the Robbery in Albemarle-street the last you committed together?
G. No; the Saturday before we were taken we robb'd a Man of 6 d. half-penny in Lincolns-Inn Fields, about 8 at Night.
Court. How came you acquainted with such Company?
G. I can't tell.
Court. How old are you?
Court. Who pawn'd your Coat?
G. Sutton. I had been drinking at a Gin-Shop all Night.
Booth. He and Mascall may well be in one Story, when they lodge together.
John Smith , Constable. When the Prisoners were taken, Mascall said they had robb'd a Man in Albemarle-street; he produc'd this Key, which he told me they took from the Person. I shew'd it to the Prosecutor, who said he had lost such a one, but could not swear to it, tho' upon Trial it fitted and open'd the Lock of his Master Col. Shute 's Clock-Case.
Ackers. I never saw Mascall but twice in my Life.
Welton. Mascall swore in his Information, that we robb'd a Man in Lincoln's-Inn Fields, and that he heard the Man cry out, but afterwards he own'd that he was not there.
Court. If you desire it, you may have his Information read; it may be of Service to you if it shall appear that he has varied from it, but if it agrees with what he swears now, it will be Evidence against you; it can be no Evidence except you call for it, but your insisting to have it read will make it Evidence, for it will be a Witness of your own producing, therefore consider what you do.
Welton. I desire it may be read.
Then Mascall's Information was read. It was taken before Vol. Hilder, Esq; Dec. 18. 1732, and sets forth, that on Sunday the
Court. When did Mascall say, that he was not present at the Robbery in Lincoln's-Inn Fields?
Justice Hilder. He said he was not near them, but was looking out upon the Watch at a Distance; but was within Sight, and that the Person was used ill, and cry'd out.
Welton. He said, he was on one side of the Field, and we on t'other, and that he first walk'd along the dead Wall, where he met two Gentlemen, and seiz'd one of them, but let him go again, and then he said, he turn'd back, and went another way.
Court. If he stood at a Distance to watch, he was equally guilty of the Robbery with those who took the Money from the Man.
Welton. He made an Agreement with Kirk and Brock, Will. James, and the rest of the Thief-takers in Drury-Lane, to apprehend us, and they are to share the Reward among them: Kirk would have taken my Life a Week or two before this Affair, and he swore then he would hang me before a Fortnight was at an End.
Court. Kirk has not appeared against you.
Welton. He's ashamed to appear now, he's so well known, he was concern'd in taking Charles Patrick , and Will. Meeds, and appeared against them to get the Reward. But I told him, he should have no more hundred and forty Pounds, and upon that he swore, that I threaten'd to set his House on Fire, and he lent Mascall these Pistols on purpose to produce in Court against us.
Court. How did he live?
E. Welton. I keep a Chandler's Shop, and am Landress to several Knights and Baronets, and he used to assist me, and would work like a Horse in carrying out my Goods; I have trusted him with Things of great Value, and I never knew that he wrong'd me of a Farthing, I live in Great St. Ann's-Lane, in Westminster, and he has lodg'd at my House for this Year and Half.
Court. Did he constantly lie at home?
E. Welton. Yes, he never lay out of my House, except when his Uncle was taken Sick, which was within this 5 or 6 Weeks, and then he used to go, and see him, and sometimes stay'd there all Night.
Court. Have you any Witnesses Booth?
Booth. Witnesses on my side would signify nothing if I had a thousand, because I have been wild, and have been an Evidence; but what is sworn against me now, is a false as God made the World; Mascall told Sutton that he would hang us both. The Jury found them all guilty of the Indictment. Death .
42. Eleanor Powell , was indicted for stealing a silver Nutmeg-box, a Quarter Moidore, 4 Quarter broad Pieces, a half Guinea, and other Things, the Goods of William Ball , in his House , Decem. 12 . Guilty 39 s.
Jane White , was indicted for stealing 3 s. 6 d. the Money of Richard Panton , Dec. 21 . Acquitted .
Joseph Chapman . On the 29th of December, between 9 and 10 at Night, my Girl and little Boy being to go from Strutton's-Grounds to the Horse-Ferry, I sent my Apprentice to light them, when my Apprentice came back, and told me, that a Man had snatch'd off my Child's Hat and Wig, and that he ran after the Rogue, but could not overtake him. Soon after, I was told, that the Prisoner had offer'd to sell such a Hat and Wig at an Orange-Barrow. John Allen , a Watchman, found the Prisoner that Night, and brought him to my House. He had my Boy's Hat upon his Head, and his Wig in his Pocket; he fell on his Knees, and begg'd me to be favourable; my Wife was under some Concern about him as he was a Neighbour's Child, and desired me not to prosecute, and being but a trifling Master I let him go to Bed; but three Hours afterwards, Allen came again, and says he, If you won't prosecute him, I will prosecute you, and so I was obliged to send him hither, which otherwise I should not have done; for I never knew that he followed such Courses, and his Father who is a Pipe-maker and lives in the Neighbourhood bears a very honest Character.
John Allen , Watchman. Between 10 and 11 at Night, Mrs Chapman told me that her Child was robb'd of his Hat and Wig, and that her Husband was gone to look for 'em. A Girl came up and said she had heard that Mr. Fretwell's, Son had got the Hat and Wig, and that some were gone after him to Charing-Cross; then says Mrs. Chapman, I'll see that he shan't go without being prosecuted.
Court. Did Mrs. Chapman say so?
Court. Her Husband swears she desired him not to prosecute.
Court. I suppose you heard of a Reward for taking Street-Robbers?
Allen. I had to, but what I did, was not for the Sake of the Reward I'll assure you; so Bird found the Prisoner and brought him to me, and I carried him to Mr. Chapman; then Mrs. Chapman being frighted, desired her Husband to excuse him: Upon which Mr. Cross, (who lodges in Mr. Chapman's House) says to me, since Mrs. Chapman is frighted and is not willing the Lad should be sent to Newgate, if you will let him go, I will give you a Bond of Honour to secure you.
Court. A Bond of Honour?
Allen. Yes, I am sure he said a Bond of Honour: Then says I, you ought to secure the Prosecutor too. Well, Allen says he, let us keep it as quiet as we can and there will be no Danger. The Prisoner shall go to the Place where the Child was robb'd, and deliver the Hat and Wig to him; so we went, and after the Child had got his Hat and Wig again, I up with my Staff and gave the Prisoner a Knock on the Breast, and said, was not you a Villian to wrong such an innocent Child?
Court. What Right had you to assault him after he had been discharged by the Prosecutor, and while he behaved himself peaceably?
Allen. I did nothing in Derision of Justice, but only in Resentment.
Court. If the Jury should discharge him, he may perhaps make you pay for your Resentment. Why did you afterwards threaten to prosecute Mr. Chapman if he would not prosecute the Prisoner?
Court. And for what Reason, because he stood in your Way? Was it an Insult upon Justice to appear in your Presence without Leave?
Allen. Why, suppose any of my Inhabitants had been robb'd, or any of the King's Subjects had been murdered, as I am his Majesty's Officer, the Blame would have been laid upon me, for not making Use of my Authority, in taking Care to prevent such Mischief: And therefore I took the Prisoner, and carried him again to Mr. Chapman ; and Sir, says I, This Villain has not stood in Defiance of your good Nature only, but in Defiance of Justice and Authority, and therefore if you don't prosecute him, I'll proceed against you in a Process of Justice.
The Prisoner in his Defence said, that it was a windy Night, and that he found the Hat and Wig. The Jury acquitted him.
John Hoply. Last December was a twelve Month, the Prisoner came to my House in Rosemary-Lane for a Lodging. He had no Shirt on, and said he had been cast away. I took him in, and he lodged there till October following. He pretended to belong to the India House, and that he had great Effects and Interest there, and could help me to a Place of 12 s. a Week: At last he said he had done my Business, for he had secured the Place, and if I would go with him I might have it directly. So we went to the Ship-Tavern against the India-House; he went over to the India House, and coming back again told me it was all done, and only wanted signing. My Watch and Cane lay upon the Table; he took them, and said he'd take those with him because he should make the better Appearance, and so he went out again, but never returned. The Night before this I lost a silver Cup, and I have Witness to prove that he took it.
Cornelius Glin . The Prisoner has many other Names besides Williamson. He said he was Boatswain of the Grantham which was cast away, and that he should stay at the Prosecutor's House till she was sitted up, that he had 30 s. a Week, and was to receive 50 l. at Woolwich. He ordered me to make him as many Cloaths as came to 20 l. I was drinking with him over Night at the Prosecutor's, when he took up a silver Cup and looked on it. I did not see him, lay it down again. The Cup was mist, the Landlady enquired for it; says I to him, What can become of this Cup that you was looking on, don't let us have it missing when here's none but ourselves in the Room? Damn the Bitch, said he, I have the Cup, I only took it to frighten her, I'll give it her again, but I'll get a Pint of Brandy out of her first. So he called for a hot Pot, and then went to Bed. In the Morning I asked the Landlady if she had found the Cup, she said. No. I went up to the Prisoner (who was a-bed) and asked him why he kept the Cup so long ? Damn the Bitch, says he, I'll give it her as soon as I get up. He had given me 9 s. 9 d. in Earnest for the Cloaths he bespoke, and which I made for him; but being a little dubious of him, I would not deliver the Cloaths without my Money, nor return the Earnest, because I was likely to have the Cloaths left upon my Hands. When he found that, Damn the Fellow, says he, I'll have a Warrant for him to make him either deliver the Cloaths, or return the Earnest.
Prisoner. Where was the Cup when I look'd on it?
Glin. It lay by a silver Tankard in the Corner of a little Cupboard that was open; you moved your Chair towards the Cupboard, and took the Cup in your Hand, and then turned your back to me, but you did not put it in
Prisoner. The Prosecutor lent me the Watch and Cane to grace me, that I might get him Preferment at the India-House.
Sarah Trantum . There was an Outcry in the Prosecutor's House that Day as he and the Prisoner went out together, and I heard the Prosecutor's Wife say, this Dog (the Prisoner ) has carried my Husband to the Tavern, and borrow'd his Watch and Cane. Says I, have you lost nothing else? No, says she, only the Cup, and I believe Glin his got that.
James Fitzgerald . I am a Writing Clerk at Poplar, tat I live upon, and phat I have to stay but slender in Fact. The Prosecutor wash after tanking advish of me concerning to Watch and to Cane, and sait now I told him it wash no Felony, but a Fraud or a Treshpash. Then said Glin I will shwear te Cup upon him, and tat will hang him, and tho we shall get the Reward, and ten I can pay my Landlady te 39 s.
Court. But you who prosess the Law, might have told them there was no Reward in such Cases.
Fitz. Yeshfait, and sho I did.
Court. Then they know now that there is no Reward, and therefore they must swear without the Hope of any.
Fitz. Tat ish very true indeed.
Glin. This Fitzgerald has been an Informer these thirty Years.
Prosecutor. He makes it his Business to go about and swear away Peoples Lives.
Fitz. Arrah fait, now I never wash an Evidensh in any Cant before.
A. Blunt. Did you never prosecute a Woman here, and give Evidence against her for picking your Pocket of a Watch + [a-part to Fitzgerald.]
Fitzgerald. Yesh fait, that wash when I pulled and she pulled, and sho for fear she should get it from me, I let go my bold.
A. Blunt. You remember the very Words that you swore then, and yet now you swear you never was an Evidence.
Fitz. Be my shoul and that ish right, for I wash no Evidensh, because I wash an Evidensh for my shelf.
A. Blunt. An Evidence, and no Evidence.
Fitz. Fait now I did not shay that I wash no Evidence.
A. Blunt. You only swore it. The Jury acquitted the Prisoner.
The Trials being ended, the Court proceeded to give Judgement as follows;
Receiv'd Sentence of Death 6.
Burne in the Hand 2.
James Dunselow , Charles Bosantive , Barbara Howsly , Frances Rovenscroft , Catherine Warren , Joseph Moge , Sarah Walinsly , W - S - , Sarah Williams , Edward Hurper , Mary Travillian , James Tomlinson , Mary Sh , Hester, Charles Stepleton , Ann Taylor , Jane Rigby , Mary Churchill , Thton, John Moulder , Elizabeth Smith , Elizabeth Ingram , Eleanor Powell , Edward How , Elizabeth Champherlain , Mary Leach , and Susan Williams .
The Second VOLUME of,
THE History of the PYRATES, containing the LIVES of
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Tothe Whole is added, an Appendix, which compleats the Lives of the first Volume, and corrects some Mistakes; and contains the Tryal and Execution of the Pyrates at Providence, under Governor Rogers, with some other necessary Insertions, which did not come to Hand till after the Publication of the First Volume, and which makes up what was defective in it. Collected from Journals of Pyrates brought away by a Person who was taken by, and forc'd to live with them twelve Years; and from those of Commanders, who had fallen into their Hands, some of whom have permitted their Names to be made Use of, as a Proof of the Veracity of what we have published. The Whole instructive and entertaining. By Capt. Charles Johnson , Author of the First Volume.
Omne tulit punctum qui miscuit utile dulce. Hor.
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