Wednesday the 10th, Thursday the 11th, and Friday the 12th of October 1733, in the Seventh Year of His MAJESTY's Reign.
Being the Eighth and last SESSIONS in the Mayoralty of the Right Honourable JOHN BARBER, Esq; Lord Mayor of the City of LONDON, in the Year 1733.
Printed for J. WILFORD, behind the Chapter-House, near St. Paul's. M,DCC,XXXIII.
(Price Six Pence.)
Where may be had the former Numbers in the present Mayoralty.
BEFORE the Right Honourable JOHN BARBER , Esq; Lord Mayor of the City of London; Mr. Justice Denton; Mr. Baron Comyns ; Mr. Serjeant Urlin, Deputy-Recorder of the City of London; and others 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.
Thomas Sawkins. I keep the Horse-Shoe and Magpye Alehouse, the Corner of Fetter-Lane, in Fleet-Street , I did not see the Prisoners till my Servant cry'd out, A Thief! John Thomas had got hold of the Prisoner Cave, whom he charg'd with taking my Tankard, and desir'd me to take care of him, while he went after the other Prisoner, Turner, who was run backwards.
John Thomas. About 9 at Night, the Prisoners came to my Master's House, and going into the back Yard; they call'd for a Tankard of Beer. It being, as I thought, too cold to sit in the Yard, I ask'd them, If they would not go into a Room? But they said, No; and so I carry'd a Silver Tankard to them in the Yard, and was going to fill a Pint for another Customer ; but was not got down more than three or four of the Cellar Stairs, when I heard a Noise in the Passage, upon which I step'd up again, and found the Prisoner Cave there; he was going out, but had stumbled in the Dark against some Tobacco-Boxes which were in the Passage. I stopp'd him for the Reckoning, as thinking he was going off without paying. He said , he had not paid, but his Friend was behind. My fellow Servant, Will Cleaver , call'd to me, and said, May be he has got the Tankard ! Upon which, I ask'd Cave, What he had got under his Coat? He said, Nothing; but feeling about him, I found the Tankard, and call'd my Master to take care of him, while I went to secure the other Prisoner, Turner, who was endeavouring to get away backwards, for we have a back Door into Fetter-Lane, but it happen'd to be fast; and so I seiz'd him, and brought him to my Master, who ask'd him, why he went to run away? And he said, he was afraid of Trouble; but that he had no Acquaintance with Cave, any farther than that he had seen him once before, at Reading-Fair, and met him again accidentally, and so came to drink with him.
Cave. I went to the Cellar-Head , to deliver the Tankard safe to the Man that brought it to us ; and desir'd him to give me Change for the Reckoning.
J. Thomas. He was got two Yards beyond the Cellar-Head, and instead of offering to deliver the Tankard, he deny'd that he had it when I charged him with it.
Turner. I had seen Cave once at Reading-Fair,
3. Sarah Taylor , was indicted for stealing four Masses of Silver Thread, containing 30 Ounces, value 8 l. the Goods of Thomas Sharp , the Younger , in the House of Thomas Sharp , the Elder, Sept. 27. Acquitted .
Ann Munford * . The Prisoner and I were three Years Prisoners in Newgate together for Debt, and so we became acquainted. I had indicted Ann Ashby , for assaulting me, and her Father and another met me, and the Prisoner, at the Cross-Keys by Hicks's-Hall , in order to make it up. The Matter was to be referr'd to the Prisoner, who pretended to be my Friend, and that he would take nothing of me for his Trouble. Mr. Ashby, or his Friend, paid me down 20s. on the Table I laid my Hand upon it, and while I was signing the Release, the Prisoner swept the Money all into his Hand, and ran away with it immediately. I found him a little while after in Hicks's-Hall, and ask'd him for my Money, and he said, I should have it by and by; but afterwards he said, he had got it, and would keep it.
* See the Trial of Ann Munford, below.
Court. Did not he Solicit for you?
Ann Munford. No; he only acted as my Friend, and did not demand any thing.
Prisoner. But did not I tell the Clerk to set it down to me?
Munford. No, you neither paid for it nor undertook to pay for it.
Prisoner. My Bill, for what I did for Ann Munford, came to 4 s. 10 d. in part of which Bill, the 20 s. was paid to me, and not to her.
Thomas Patter . I went with Mr. Ashby to the Cross Keys, to end the Difference by twixt Mr Ashby's Daughter, and Ann Munford . After some time it was agreed to pay 20 s. which I laid down for Mr. Ashby. The Prisoner was her Attorney, and I paid the Money to him towards his Charges in the Prosecution, but I did not let him have it till she had sign'd the Release, and then I laid it on the Table, and he took it up. She told me his Bill was 2 l. 8 s. 10 d. and that the 20 s. would not pay half his Cost. I told her 'twas no Matter for that, for it was a vile Prosecution. She made no Objection against the Prisoner's receiving the Money, and he stay'd about a Quarter of an Hour after he had taken it, and then he was call'd out by a Man from Hicks's-Hall.
This was confirm'd by the Deposition of Mr. Ashby.
Mary Jones . Between 9 and 10 in the Morning, I was sent for to Mrs. Frazier's, in Barnet, to search the Prisoner. I found she had had a Child, and she own'd it and that she had drop'd it in a Pond, by the Green-Man at Barnet . She said, she was an Irish-woman, and was going to her own Country, and being taken ill by the Pond-side, she could go no farther; but leaning against the Rails, the Child came from her, and fell into the
William Pickersgill . I came by the Pond about 7 in the Morning, just when the Thing was done; the Prisoner told me and others, that she had dropt her Child in. I got a Rake and drew it out, and there was a small Piece of Hay clenched in its Hand.
Justinian Moss , Surgeon. About 8 in the Morning I saw the Child at Mrs. Frazier's, it had no Marks of Violence. The Prisoner said, that when she first came to the Pond she was taken with Labour-Pains, and was taken with such a Fit that she lost her Senses, and if she had not held by the Rail, she must have fallen into the Pond herself; at which Time, she said, the Child dropt from her. It fell down a Slope two Foot deep, and might be killed by the Fall. She told me, her Husband died in Kent 6 Weeks ago.
Prisoner. Coming by the Pond, very sick and weak, I was taken with a Fit, and took hold of the Post, and the Child dropt from me. I was going to my Friends in Ireland, and did not expect to be brought to Bed till a Fortnight after Michaelmas. My Husband died in Harvest-time at Kings-Down in Kent, where he was buried.
The Jury acquitted her.
9. Edward Crawley , was indicted for that he, at the Sessions held here on July 5, 1732. + had been convicted of stealing a Suit of Cloaths, half a Guinea, 20 s. and other Things, the Goods and Money of John Gearing , in his House, to the value of 39 s. and thereupon ordered by this Court to be transported for 7 Years; he was, on the 14th of September , at large, in the Parish of St. Leonard Shoreditch , without any lawful Cause for so being .
+ Sessions Paper 1732, Numb. VI. p. 164.
Then the Record of his Conviction, and the Order for his Transportation, were read in Court.
Court. Here is Evidence of his Conviction, and the Order for his being Transported, but do you know that he was carried on board, or delivered to the Care of the Merchant who was to Transport him?
Gearing. I heard he was delivered to Mr. Forward, but I can't swear it on my own Knowledge.
Court. Can any of those swear it who had the Care of seeing him put on board?
Mr. Nichols. In October last we delivered 152 Prisoners on board Mr. Forward's Ship; Mr. Forward gave us a Receipt for them, and I remember the Prisoner's Name was one of them; but among so many, I can't take upon me to swear positively to this Man's Face in particular.
Mr. Alstone deposed to the same Effect, and the Jury acquitted the Prisoner.
John March , was indicted for stealing a Pewter Bason and a Plate , the Goods of Richard Smith , Sept. 24 . Guilty 10 d.
Patrick Mac Voy. Going along Chancery-lane on Sunday Night with my Snuff-box in my Hand, this Creature begg'd a Pinch of Snuff; upon which I held out the Box to her carelesly, and she squeezed it out of my Hand; I catched hold of her Petticoats, and she took hold of me from the Collar, and in struggling, her Petticoats not being very strong, she got from me, and run round a Coach into the Hen-and-Chickens Entry, where she snugg'd down. I followed her close, and asked her for my Box; she said, if I'd let her tye up her Petticoats she'd give it me; but when she had done, she said she had not got it.
Tho Norman . I saw him run after her; she dodged him round a Coach, and hid herself in a little Passage. She at first said, he wanted her to return the half Crown he had given her; but afterwards she said she'd give him his Box when she had ty'd up her Coats.
Prisoner. He met me in Holborn, and offered me a Shilling to go into a House of Office with him, but I refused. Then he asked me to drink a Dram, and took me into a dark Turning against the King's-Head in Chancery-lane, where he let down his Breeches, and bid me take up my Coats and fit in his Lap, and because I would not humour him, he charged me with the Robbery, and run after me and tore my Clothes to Pieces; but there was another Woman with us in the dark Alley.
John Connor. Going over Tower-Wharf in order to take Water, about 7 at Night, I saw the Prisoner sitting upon a great Stone; she got up and said, How do you do, my Dear? - I don't know you, says I. No? says she, but I know you; won't you make me drink? No, I can't stay now, says I, for I am going over the Water, and besides, I have no Half-pence. But I know better, says she, for you have got two Pence in your Hand to pay the Boat-man; and with that she took hold of my Coat, and I gave her the 2 Pence to get rid of her, not thinking of my Lace, which was in my Coat-pocket, and so we parted; but when I came to the Water-side I miss'd the Lace, and enquired of the Watermen if they had not seen such a Woman about the Wharf? I happened to find a Woman something like her the same Night, and took her up; but when I came to see her next Morning, I found she was the wrong Person, and so I discharged her. Upon farther Enquiry, I heard of one of the Prisoner's Comrades, Sarah Whittle +, who had pawned the Lace. I took her up, and she was committed to New Prison, and next Day I took the Prisoner and carried her before the Justices in the Tower, where she said, that I had lain with her, and owned that she took the Lace out of my Pocket, because, as she said, she
+ Sarah Whittle, alias Wheatly , was indicted in Feb 1731-2, for receiving a Silk-Scarf, the Goods of Edward Prior , Clerk, who was robb'd that and other Things, by Thomas Edwards , James Tripland and Thomas Passe , she knowing it to have been stollen, but was acquitted. See Sessions Paper for that Year, Numb. 1.1 page 89. She was likewise indicted in Sept. 1732, for privately stealing 5 Guineas and 3 s. from Thomas Whesey ; but no Evidence appearing, she was again acquitted. See Sessions Paper for 1732, Numb. VII. Part 2. page 215.
Margaret Jefferson. One Night there comes Sarah Whittle and the Prisoner to Our House, next to the King's Head in Rag-Fair, and says the prisoner, Will you buy some Lace? I got it of a Chap who promised me 3 Pence to lye with me; but afterwards, having no Money, he gave me this Lace: But nobody buy_ing it, she said to Sarah Whittle, If you'll pawn it for me, I'll satisfy you; so Whittle pawn'd it to Ann Garner for 16s. and fetch'd it out next Day, and then I went with Whittle to Mr. Smith's at the Cheese and Pump in Rag-Fair; and says I, Will you lend Sarah Whittle a Guinea upon this Lace? No, says he, I'll lend her nothing upon her own Ac_count,if she was going to Tyburn; but I'll lend 20s.upon your account; and so he did. But the Day after this, the Lace was blown about and the Prosecutor came to me, and I told him all that I knew of the Matter.
James Conyers . I was on the Guard at the Tower that Night the Lace was lost, and next Morning the Prisoner came to me, and enquired for her Husband, Mr. Bull, and said, she'd go and fill his Stomach: Soldier, says she, I have made a good Hand of it, for I met with a Cull last Night, who - for 3 Pence, and while he was at Work I put my Hand down, and nail'd a Prize, and pawn'd it for 16 s. But she did not say what Prize it was.
Tho. Inkle , Constable. I found the Prisoner in the Tower, and told her I had got a Warrant against her. Damn you, and your Warrant too, says she, The Ground is the King's, and - is my own. The Cull would - for 2 Pence, and so I hit him.
Mary Gilling . When the Prisoner was brought before the Justices at the Tower, she said that the Cull pulled off his Coat, and laid it under her, and bargained to lye with her for 3 Pence, but afterwards he would not pay her, and so she thought fit to pay herself.
Mary Breese . The Prosecutor told me that the Creature took hold of him, and said, Do, my Dear, give me 2 Pence for a Night's Lodging. That he told her he had but 8 d. and then she took him by the Shirt, and would not let him go till he gave her 2 d. and that when he parted from her he miss'd his Lace. - She owned at the Tower Court, that he agreed to give her 3 d. to lye with her; but when he had done, he would give her but 2 d. and therefore she thought proper to pay herself.
Prisoner. The Prosecutor asked me where I was going? I told him, where I could fare best, and stay longest. Will you go with me then? says he. I don't care if I do, says I. But, says he, as I have but 2 Pennyworth of Half-pence, I'll leave this Lace in your Hands till I go and get Change. So he gave me the Lace, and not returning according to his Promise, I went home, and next Day got Sarah Whittle to pawn it. I wish you'd enquire how he came by this Lace; for he's one that deals in Run-Goods, and I don't believe it ever paid Custom.
The Jury found her Guilty . Death .
22. Francis Crotchet , was indicted for assaulting Sarah Banks , Widow , on the Highway, putting her in Fear, and taking from her an Agate Box with Gold Rims, value 8 l. a Silk Purse, half a Guinea, and 2 d. October 1.
He was a 2d time indicted for assaulting Sarah, the Wife of Francis Clifton , Doctor of Physick, on the Highway, putting her in Fear, and taking from her a Gold Watch enchased, and a Gold Chain, value 40 l. an Agate Seal set in Gold, value 3 l. a Silk Purse and 5 s. October 1 .
Mrs. Banks. On the first of October, about a quarter past 4 in the Afternoon, as I and my Daughter were going from Bond-street towards Chelsea, we were met on the Road by Buckingham-wall , a little beyond Hyde-park, by a Highwayman in a Half-mask: He stopt the Horses, and rode up to the Chariot-side with a Pistol in his Hand, and bid us deliver our Watches, Rings, Snuff-boxes
Mrs. Clifton. I was in the Coach with my Mother, when, between Hyde-park Corner and the Turn-pike at Buckingham-wall , we were stopt by a Man in a Mask; he bid us deliver, and took from me a Gold Watch with a Gold Chain, an Agate Seal set in Gold, and a red Silk Purse, with some Silver in it, but I can't say how much.
Jeffery Orson . I was behind the Chariot, and on Monday in the Afternoon, between Hyde-park Corner and Pimlico Turn-pike ; on a sudden I heard somebody call out to the Coachman to stop, and looking behind me, I saw a Man mask'd, with a Pistol in his Hand; he rode up to the Chariot Door and said, Ladies, your Money in a Minute, or I'll shoot you dead, for it's a Case of Necessity, and no Time is to be lost - Your Watches, Rings, and Snuff-boxes. Mrs. Banks told him she had no Watch, and soon after I saw him take a Gold Watch out of the Coach, and then turning his Horse, he said, your Servant Ladies; and shaking his Head and Pistol at me, as he went off, he swore if I turn'd back he'd shoot me dead.
Court. Do you know who he was?
Orson. The very Prisoner.
Court. How do you know that?
Orson. I am certain he's the Man, for when he was gone about 100 Yards, I got down and pursu'd him a-Foot. I ran faster than he rode, and when I came within 20 Yards of him, his Hat and Mask fell off. He turn'd back his Horse, and I had a full View of his Face. He turn'd again towards Piccadilly; I follow'd him thro' May-Fair, by the Course of the People, but before I came to Charing-Cross, I lost him, and the People were at a Stand, and did not know which way he was gone. I enquired of several, if they had seen a Man without a Hat, on a Bay Horse, and in the Hay-Market, I heard, he had left his Horse, and taken Coach, and one Solomon Clark told me, that one John Bunch , who belong'd to the Reading Coach, knew the Man. Clark and I went to the Bolt and Tun-Inn, in Fleet-Street, where the Reading Coach put up, and there we found Bunch. Says Clark to Bunch, The Man you saw riding without a Hat, has robb'd a Coach, and you said, you knew where he liv'd ? Yes, very well, says Bunch, I have known him several Years - And do you think you can take him? - Yes. So we went together to Temple-Bar, and then, they said, they'd proceed no farther, except I was absent, for they were afraid he would know me, and they told me, they'd give me notice when to come again. So I went home; they sent me word, the same Night, that they had seen him, and desired me to come down to Temple -Bar. I acquainted my Master with it, and he, and a Friend of his went with me to an Alehouse in the Butcher-Row. We sent to Clark and Bunch, and Clark came, and said, they had decoy'd him into a Brandy-Shop. I went back with Clark, and we brought the Prisoner to my Master. The Prisoner fell on his Knees, and begg'd my Master to have Mercy on him, and said, he was the Man who robb'd the Coach. My Master ask'd him, where the Things were? He said, At home, and he'd fetch 'em. My Master sent us with him: Clark and Bunch went in with him, and I waited at the Door. In a little Time they came down, and we all went to my Master. The Prisoner pull'd out the Gold Watch, the Snuff Box, and 5 s. 6 d. in Money, and laid them on the Table. He fell on his Knees again, and begg'd Pardon, and Bunch and Clark desir'd Pardon for him too. My Master said, he could not do that, for if he did, he should be liable to be prosecuted himself. Then we went in a Coach, to a Tavern by Golden-Square, where my Master left us, and return'd with Justice Lambert, who order'd the Prisoner to be Hand-cuffed. The Prisoner fell in a great Agony, like one distracted, and stampt, and swore, that if he had a Pistol he'd shoot himself, and that he was sorry he had not brought one.John Bunch (who was with me in the Coach) I know him, he's a Fishmonger at Temple-bar, and if you bear any more of the Robbery you may find me at the Bolt and Tun. I goes along Piccadilly, and stopt at the End of the Hay-market to drink, when John Orson came and enquir'd after the Man without a Hat, who, he said, had robb'd his Ladies. I told him I knew one who knew that Man, and so we went to Bunch, who came with us, and shew'd us the House. I bid Orson go home, and told him, I'd send him Word as soon as we wanted him: He went away. Bunch and I waited about the Prisoner's Door for his coming home. It was near two Hours before he came, and then he went in, stay'd about a Quarter of an Hour, and came out again, and went towards the Temple. We follow'd at a little Distance, and he return'd in 5 or 6 Minutes. Then I went into the Shop, and cheapen'd some Herrings; and after some Talk about 'em, I ask'd him how he came to lose his Hat? For God's Sake, says he, hold your Tongue, or I am a dead Man I told him, he must go with me, and so we and Bunch went to a Brandy-Shop, where we had nine penn'orth of Punch. I ask'd the Prisoner, what was become of the Gold watch, Snuff-box, and 2 Purses, that he took from the two Ladies? He said, he took but one Purse, which was a Red one, with 5 s. 6 d. or 6 s. he could not tell which, and he had that and the Watch and Snuff-Box at home, and would go and fetch them. While we were there, the Porter, whom I had sent to Orson, came back, and told us, the Gentleman was come to an Alehouse in the Butcher-Row; we all went thither. The Prisoner fell on his Knees, and ask'd the Gentleman's Pardon. Bunch, and I, and Orson went thence, with the Prisoner, to his House. He went up two pair of Stairs, brought down the Watch, Box, and Purse, carry'd them to the Alehouse, and laid them, and 5 s. 6 d. on the Table - I know him to be the Man I had seen riding without his Hat.
J Bunch . Coming towards the Town, in the Reading Coach (which sometimes I drive) I saw the Prisoner come riding by, betwixt Kensington and Knightsbridge, I pop'd my Head out of the Coach, and said, How do you do, Master? For I knew him when he was 'Prentice. How do you do? How do you do? says he, and rid along. At Porter-Street End, in Piccadilly, I saw him come shooting out without a Hat, and twenty People after him, crying, Highwayman! I stopt at the White-Bear, in Piccadilly, and then went to the Bolt and Tun, in Fleet-Street, where, as soon as I had taken my Horses off, Orson and Clark came to me, and ask'd me to shew them the House. I went with them, we took the Prisoner, and carry'd him to the Gentleman. He confess'd the Fact, return'd the Watch, Snuff-box, Purse, and 5 s. 6 d. and fell on his Knees and begg'd Pardon.
Prisoner. This was my first Fact, and the greatest Necessity drove me to it. I owed to much Money, that I was almost distracted. I had not the right Use of my Senses, and was about to shoot myself; but, at last, I thought it was better to take this unfortunate Way, which I find, too late, instead of relieving me from my former Misfortunes, has plunged me into greater. I have a great many Neighbours here to give an Account of my Character before I committed this one desperate Action.
Court. The Court would by no Means prevent you from offering any Thing that might be of Advantage to you; but as the Fact has been so plainly proved, and you, yourself, have confess'd it, your former Character cannot avail you in this Place, where the Law must take its Course, tho ' it may have its Influence elsewhere. The King is the Fountain of Mercy, and he will extend it to proper Objects, and therefore I know not any Way so likely for your Friends to do you Service, as to represent your Case in a Petition to his Majesty.
The Jury found him Guilty . Death
Edmond Bourk , of the Parish of Christ-Church, in Spittle-Fields , Weaver , was indicted (on the Statute made in the 2d Year of His present Majesty) for that he, being a Person of ill Fame, and dishonest Conversation, and wickedly contriving to Defraud Ann Shelly , Widow , and divers others of His Majesty's Subjects, on the 19th of June, 1733 . of his own Head and Imagination, wickedly, fraudulently, and feloniously Forged, and caused to be Forged, a certain Writing, or promissory Note, in these Words, We jointly and separately promise to pay Mr. Edmond Bourk , or Order, the Sum of Four Thousand Pounds, ten Months after Date, for Value receiv'd; as Witness our Hands, Ann Shelly , Ann Shelly, Decemb. 27. 1731. And did produce and publish, and cause to be produced and published the same, knowing it to be Forged, False, and Counterfeit .
1st King's Council. The Prisoner sands indicted for forging and publishing, knowing it to be forged, a certain Writing, or promissory Note, for no less a Sum than 4000 l. in the Names of Ann Shelly, the Mother, and Ann Shelly, the Daughter. It may be proper to inform the Jury, that an Action was brought by the Prisoner, (who was their Plaintiff) for this Note. The Trial was at Guild-Hall. A Defence was made, Council were heard, and Witnesses examin'd; but on the Prisoner's giving it up, there was no Verdict, but only a Nonsuit. And there being Cause to suspect that the Note was forged, the Court order'd the Prisoner to be committed to Newgate, bound the Defendants to prosecute, and Mr. Billingsly, to whose Care the Note was deliver'd, to produce it here. If the Facts appear in this Court, as they did in that, I believe the Jury will have no Difficulty to find the Prisoner guilty; but as the Statute has made the Offence he stands charged with, Capital, I shall not attempt to aggravate it.
If my Instructions are right, the Prisoner carry'd on the Trade of a Weaver, in Spittle-Fields, tho' it seems he did not so much follow that, as the Business of a Fortune-Hunter. He did not affect to be over-nice in his Choice, Young or Old was much at one with him, if the Lady had but Money. He kept a Gentlewoman in his House, who was sometimes taken for his Wife, sometimes pass'd for his Niece, and sometimes for his House-keeper only; and accordingly, she wet by several Names, Mrs. Bourk, Mrs. Dugdale, or Mrs. Puget. This Wife, or Niece, or Maid, or what you please to call her, was one who was very well qualify'd to start Game for him, for she was a Woman of Address and Art : And hearing that Mrs. Shelly, a Widow Gentlewoman, and her Daughter, who lived at Lawton in Essex, were considerable Fortunes, she went down thither, took a House in the Neighbourhood, and in a little time became not only acquainted, but very intimate, with them both. Having thus far succeeded, the next thing was to bring her Cousin (as she called the Prisoner) acquainted with them too. A Scheme was soon laid, pursuant to which he goes down to inform her, that a great Estate was fallen to her, and that she ought to empower some Person to get it in. He carry'd a Power with him, but this must be Witness'd by two Persons of Credit, and who so proper as her new Acquaintance Mrs. Shelly and her Daughter? and they accordingly are sent for, to sign their Names as Witnesses. At this Interview, the Prisoner fell passionately in Love with the - Mother - or Daughter - he hardly knew which, for some time, though at last, I think, he made Choice of the young Lady. Frequent Visits were paid, and received, till Mrs. Shelly and her Daughter discover'd, his Intention, and then they forbid him and his Cousin to come there any more. The Prisoner, however, comforted himself with this, that if he could not have the Daughter, he would have her Fortune. When he had got their Names sign'd to the Paper I just now mentioned, it was no difficult Matter to add a promissory Note for 4000 l. You know the Names of Witnesses to a Writing, are sign'd on the left Side, near the Margin, under the Words Seal'd and Deliver'd. Now it is but opening the Sheet thus - and you have the whole Breadth of one half Sheet, and the Margin of the other, to write what you please to the Names:
Our Indictment is laid two Ways, for forging this Note, and for publishing it, knowing it to be Forged, False, and Counterfeit. If Names are sign'd for any Purpose, and a Man shall cut the Names from the first Purpose, and then write a promissory Note to those Names, with an Intention to defraud any Person, this I take to be Forgery within the Statute, as much, as if he had Counterfeited the Names. However, as 'tis a Moot Point, I shall rather insist upon his publishing the Note, knowing it to be forged. I believe it will be admitted, that the Note was all of his Writing, except the Names of Mrs. Shelly and her Daughter.
2d King's Council. And if 'tis admitted that the Names were sign'd by Mrs. Shelly and her Daughter, yet if this was done on another Occasion, and the Names were afterwards cut off, and a promissory Note writ over them, I believe, his Lordship will tell you, that this is Forgery - You may observe one thing more on the Face of the Note: By its being indented and rounded off, on this Side, there was a Difficulty to bring in the Words, As Witness our Hands, for they were forced to put, As Witness, lower than our Hands; so that you would naturally read it, Our Hands as Witness. Then there is something so peculiar to the Prisoner, in the Writing and Spelling, that it would not be easy to find any Body else to Write and Spell like it.
Court. Before you proceed to Evidence let the Act be read.
Clerk reads. If any Person, after the 29th of June 1729, shall falsly make, forge, counterfeit, or cause or procure to be falsly made, forged, or counterfeited, or willingly act or assist in the false making, forging, or counterfeiting any Deed, Will, Testament, Bond, Writing-Obligatory, Bill of Exchange, promissory Note for Payment of Money, Indorsement or Assignment of any Bill of Exchange, or promissory Note for Payment of Money, or any Acquittance or Receipt, either for Money or Goods, with Intention to defraud any Person whatsoever; or shall utter or publish as true, any false, forged, or counterfeited Deed, Will, Testament, Bond, Writing-Obligatory, Bill of Exchange, promissory Note for Payment of Money, Indorsement or Assignment of any Bill of Exchange, or promissory Note for Payment of Money, or any Acquittance or Receipt, either for Money or Goods, with Intention to defraud any Person whatsoever, knowing the same to be false, forged, or counterfeited, then every such Person, being thereof lawfully convicted, shall be deemed guilty of Felony, and suffer Death as a Felon, without Benefit of Clergy.
Mr. Billingsly. I was Associate to my Lord Raymond. On the 19th of June last there was a Tryal at Guildhall, in which the Prisoner was Plaintiff, and Ann Shelly Defendant. On the Issue, this Note was produced by the Prisoner, and read in Evidence; he stood at the Elbow of his Attorney and instructed him.
Prisoner's Council. We admit the Body of the Note to be the Prisoner's writing.
King's Council. But we should have it from the Prisoner himself - or we'll prove it; shew him the Note.
Prisoner. The Body of this Note is my Hand, and signing is theirs.
King's Council. We admit the Names Ann Shelly, and Ann Shelly, to be writ by Mrs. Shelly and her Daughter.
Court. Then read the Note.
Clerk reads. We jointly and separately -
Prisoner's Council. If you please, Sir, to read it as it is spelt, that I may compare it.
Edmond Bourk , or order, the sum of four thousand pounds; ten (with 2 n's) Months after date for value rece, a, ved, Desember ( with an s) 27 1731 (in Figures) as Wittness (with two t's) our bands, Ann Shelly, Ann Shelly.
Prisoner. I except against them as Witnesses, as the Note is in Chancery, and they are to swear it off - I beg my Council may speak to the Point.
Then the Prisoner's Council producing several Cases, in which interested Persons were not allowed to be Witnesses (which we have not Room to insert) and the King's Council not insisting on this Point, Ann Shelly and Ann Gowen were not admitted to be sworn.
King's Council. Much of our Evidence will arise on the Face of the Note.
Tho Ridge , Stationer. I was desired to inspect the Note. I presently saw it was longer than a half Sheet. We call this Kind of Paper a Fool's-Cap, because it was formerly marked with a Fool's -Cap in the Middle of the half Sheet, but now it has different Marks, according to the Province it's made in. This the Note is writ on has the Arms of Amsterdam. It never has more than 9 Wires on a Side, but this Note has II Wires, and the Arms is not in the Middle; whence I am certain that this is 2 luches longer than the Breadth of a half Sheet, and, I believe, it was cut from some Writing which these Persons were Witnesses to; and the rather because it is indented, which looks as if it was done to keep clear of some Writing that was over it - and here's a piece of Paper pasted on to make it appear even. Besides, I never saw, in the Course of my Trade, a Note of so extravagant a Length.
Prisoner. Did you ever see a Letter of Attorney with Witness our Hands, at Bottom, instead of Signed, sealed, and delivered?
Mr. Ridge. I did not say it was a Letter of Attorney, or any thing else in particular, but that the indenting looked as if it was done to avoid some Writing that might have been over it.
Prisoner. Could it not have been cut from the back of a Letter ?
King's Council. The Question is not from what Paper the Names were cut, but if they were not cut from sme Paper, to which they had been affixed; and if you cut can from a Letter, 'tis all one to us.
Prisoner's Council. We have so many Witnesses to give an Account how we came by the Note, that all you can bring against us will do you but little Service.
King's Council. Then they were imported since the Trial at Guildhall - 'Tis pity you did not bring all your Forces in an Action for 4000 l. - Call Martha Todd - Do you remember any thing of Mrs. Shelly 's paying the Prisoner any Money?
Prisoner's Council. That might be, for the Note was not given 'till December following.
Robert Jenning . I have known the Prisoner between 5 and 6 Years; I lived with him as Book-keeper at the Time of the Date of this Note; and about that Time I saw several Notes of his Writing, from 100 l. to 5000 l. payable to him from Ann Shelly.
King's Council. Did he give them you to enter in his Ledger?
R. Jenning. No; they lay about the Counter and Warehouse as Waste-paper.
King's Council. What, Notes of such Value? Are you sure he wrote them?
R. Jenning. Yes; for I have seen him write often; I was with him 17 Months constantly - I think there was one Note for 6000 l. - They run thus ; I promise to pay to Mr. Edmond Bourk , or Order, so much Money for Value received, as witness my Hand, Ann Shelly .
King's Council. Was Ann Shelly writ in his Hand too?
R. Jenning. Yes.
King's Council. And did you never ask for what Purpose he wrote these Notes?
King's Council. Pray what was his general Character?
R. Jenning. His Character in general was indifferent, but I never heard any thing of this Kind before.
Prisoner's Council. Did you never see any Warrants of Attorney to receive Money for Mrs. Shelly?
R. Jenning. No.
Prisoner's Council. Did not he receive Money for them, and do their Business?
R. Jenning. I can't say.
Prisoner's Council. Was not he acquainted with the Family several Years?
R. Jenning. He was for some Time; but I can't say how long.
Prisoner's Council. Did not he turn you away?
R. Jenning. I left him when his Business failed.
Prisoner's Council. Was it not because he would keep you no longer? Did not he discharge you?
R. Jenning. Yes; but not in any Disgust.
The Prisoner's Defence.
Prisoner. I had some Acquaintance in the Town where Mrs. Shelly lived, and with her among the rest. I was about to be married to a young Lady at Highgate, which Mrs. Shelly hearing of, came to my House, and after some Discourse she told me, her Daughter was not every One's Money, and if I made Suit to her, I should be very well received. I went that Night, and was kindly entertained, from which Time we grew very intimate; and Mrs. Shelly, the Mother, had so good an Opinion of me, that she told me I should take my Choice, either to be her Son or her Husband. I constantly visited them, at least three times a Week, and they came as often to my House; and if any Time I happened to neglect going at the usual Time, the Mother would come and tell me her Daughter was Sick. When I continued this Course for about a Year and a half, the Neighbours told me that Mrs. Shelly was a cunning old Woman, and bid me take Care of what I did, and so I press'd her to bring Things to a Conclusion. Atlast it was agreed that I should marry her Daughter, and thereupon she gave me this Note for 4000 l. as a Security for her Daughter's Fortune. I was so far from imposing upon her, that I told her when I first came to London I had but 4 s. 6 d. in the World, and what I had got since was all by my own Industry; and so far from making a Secret of this Note, which I should have done if I had forged it, that I shewed it to Mrs. Todd as soon as I had it, and told all the Neighbours that I had got Miss Shelly's Fortune, and I have said the same before Company in Mrs. Shelly's hearing, and she has never contradicted it. This was in December, 1731, and in February following Mrs. Shelly told me, as I was a Tradesman, if I should meet with any Misfortunes her Daughter would have nothing to trust to, therefore she would agree to pay me 1000 l. in part of the 4000 l. before it became due, in order to purchase a Security of 50 l. a Year for her Daughter's Jointure; and accordingly, an Agreement was put into Writing, and signed by her and two Witnesses for that Purpose. The Marriage was to be on Easter Sunday following, and I was to have the 1000 l. next Day. Against the Time appointed the Wedding Cloaths were bought, and I went down with a Ring and a Licence; when Mrs. Shelly told me her Daughter was not to be seen; I was surprized at this, and desired to know the Meaning of it. Mrs. Shelly said it was much against her Will; she was sorry for it, but could not help it, for she fear'd there was a Snake in the Grass, and that her Daughter was either married, or very near being married to her Carter, Philip Gowen . I asked her what was to be done, and she bid me, and William Yates , who was with me, go to Philip Gowen, and tell him he would be mistaken by marrying her Daughter to get her Fortune, for that she made it all over to me, and that I would lay him in Goal. We went
Prisoner's Council. We have here the Agreement sign'd by Mrs. Shelly, but Isaac Dakins , one of the Witnesses, is dead, and Michael Dolphin , the other, is not to be found. We apprehend he has been sent out of the way, for after the strictest Search, we cannot find him; but however, we shall call Witnesses to prove that this Paper was witnessed by them.
Prisoner's Council. Look on that Paper? Do you believe that Name to be your Father's Writing?
Martha Dakins. Yes, I believe this to be his Hand - and he told me, on Valentine's-Day, that he had set his Hand to a Paper between Mrs. Shelly and the Prisoner.
Mr. Cole. I made strict Enquiry after Dolphin in Spittle-fields, and Duke-street, by Lincoln's-Inn-fields, which I was told were likely Places to hear of him, but I could not find him, and was informed he was gone to Bristol; upon which I published an Advertisement in the Daily Advertiser of June 28, 1733, which I have hear to produce.
Court. Let the Paper be read.
Clerk reads. February 14, 1731. Whereas a Marriage-Contract has been between my Daughter Ann Shelly and Edmond Bourk , in December last, whereupon the Portion is secured to him by Note, bearing Date December 27, 1731, for 4000 l. and whereas no Settlement being made on my Daughter, it is farther agreed between the said Edmond Bourk and me, that he is to settle 50 l. a Year on my Daughter and her Ears (Heirs - I suppose it should be) - for ever; and I do farther agree to pay, on Easter Monday next, 1000 l. to the said Edmond Bourk for that Use, out of the above-mentioned Fortune, tho' not yet due 'till October next; and - if 'tis wanted in Trade, to let him have such Sums as he shall want 'till the said Note becomes due.
Signed in the Presence of Ann Shelly, Isaac Dakins, Michael Dolphin.
King's Council. By the Learning of the Note, this Agreement seems to have been drawn up by the same Hand, but they han't proved that Mrs. Shelly signed it.
Prisoner's Council. No; we have only proved the Hands of the Witnesses - but that is sufficient.
Jonathan Parker . I live at Lowton-Hall, and rent between 3 and 400 l. a Year; Mrs. Shelly is my Neighbour; the Prisoner frequently came to visit her and her Daughter, for about a Year and a half - I know nothing of the Marriage-Contract, nor ever saw him and the Daughter together, but the Mother and he were so intimate that nobody could be more, except Man and Wife, and they were the common Talk of the Neighbourhood. He used to call her Mother, and I heard him tell her, that he began the World very hard, and brought but 4s. 6d. to Town with him, and that what he got since was by his own Industry.
Prisoner. Did not she seem pleased when I called her Mother?
Parker. Yes, mightily.
Prisoner. Did not I publish all over the Town that I had her Daughter's Fortune?
Parker. Yes; and you shewed me the Note - but I am no Schollard.
King's Council. Did you ever see Mrs. - what d'ye call her, Mrs. Dugdale, or Mrs. Paget, there?
Parker. Yes, once.
King's Council. What! did he court them both?
Yates. I can't say as to that; I never saw nothing but modest and honourable Virtue between them.
Yates. Yes; I have seen her write twice, and I believe these to be all the old Gentlewoman's writing.
Clerk reads. Numb. 1. For Mr. Bourk in Booth-Street, near Spittle-fields, Brick-lane. Sir, I beg the Favour of you to step up to the - Inn, for I can't come to you to Day, because I am obliged to go out of Town, Ann Shelly, March 4, 1732.
Reads, Numb. 2. Jan. 10. 1731. Sir, I have been to enquire after the Tenant's Name, and his Wife says, her Husband's Name is James Hows , and he holds but Part, and Martin holds the other Part - so I desire you to put in but 4 Acres. -
King's Council. You need not produce these Letters to prove an Intimacy betwixt them - We admit it, and that he was to have had her. Daughter, 'till she heard his Character.
Prisoner's Council. Yes; and they prove farther, that she empowered him to transact Business for her.
Prisoner. Did not she desire you to go with me to Philip Gowen, who married her Daughter, and to tell him, that her Daughter's Fortune was in my Hands?
Yates. The Prisoner wanted to see Miss, and the old Gentlewoman said, she was not at home, and was afraid there was a Snake in the Grass; and that she was married, or going to be married, to her Man Philip Gowen, and desired me to go with him and see for Gowen at the Church, and to tell him that her Daughter's Fortune was all in the Prisoner's Hands; and that if he did not desist, the Prisoner would lay him in Goal. We went and found Gowen at Farmer Nichols 's House, about half a Mile off. What do you want? says the Farmer. Why, says the Prisoner, I understand that Gowen is about to marry Miss Shelly, and if he don't desist I'll throw him in Chelmsford Goal, and there he shall lye and rot. You put him in Goal ! says the Farmer, by what Authority? Why, says the Prisoner, I have a Note for all her Fortune and more, under her and her Mother's Hands. Ay! says the Farmer, for how much must that be? For 4000 l. says the Prisoner. This was in March or April, 1732.
Prisoner. And I offered Gowen to produce the Note to their own Attorney.
Yates. And when we returned to Mrs. Shelly, we told her what we had done, and she seemed very well pleased.
King's Council. Did you tell her, that the Prisoner told Gowen he had a Note of 4000 l.
Yates. No; we only said in general Terms, that we had obey'd her Commands.
King's Council. Mrs. Shelly might send such a Message to frighten Gowen from marrying her Daughter, tho' she had never given any such Note to the Prisoner - But did you give this Account at Guildhall?
Yates. Partly I did.
King's Council. How far did you go - Have a Care - for we remember it - we have it in writing.
Yates. I gave an Account as far as our going to Church to find Gowen, and then the Court said, there was no Occasion for my going any farther, and I might stand down.
King's Council. How so? Were not the Plaintiff's Council admitted to ask Questions?
Yates. I don't know; the Court silenc'd me.
King's Council. Who do you mean by the Court?
Yates. It must be the Judge or the Council.
King's Council. So the Council against you bid you go down, and his own Council agreed to it - Where do you live? - What Countryman are you?
Yates. I live in Spittle-fields - I am a Brewer - and an Irishman, but I can give a good Account of myself.
King's Council. We shall do it for you by and by.
Nicholas French . I am a Merchant in Addle-street, Aldermanbury. In March, 1731-2, I went down with Mr. Risden to his House in Essex. The Prisoner hearing of our intended Journey, desired us to dine with him, at Mrs. Shelly's. We accordingly called, and were received in the Yard by the Prisoner and Yates. They put up our Horses, and then the Prisoner went with us to the Door, where we met Mrs. Shelly. The Prisoner introduced us to her as his Mother. Going into
King's Council. But that was more than Fact.
Mr. French. By the Freedom I saw between them, I thought they were marry'd; but at Dinner, some Body ask'd When the Wedding was to be? And it was answer'd, On Easter-Sunday next. Indeed by the Prisoner's Behaviour, I could not tell which he had most Desire to, the Mother or the Daughter.
King's Council. Was you at the Trial at Guild-Hall?
French. I was not called.
King's Council. What Countryman are you? French. An Irishman.
King's Council. I know not why they call these Witnesses to prove an Intimacy, when we admitted all this an Hour ago. This is the way to make a Cause eternal.
Mr. Risden. I am a Mercer in St. Martin's. I din'd at Mrs. Shelly's - I have a Country-house about seven Miles farther -
King's Council. Was you examin'd at Guild-Hall?
King's Council. I suppose you can say nothing more than the last Witness?
- Todd. I am a Farmer at Lowton. As for hearing any Discourse about Matrimony, on the 3d of May was a 12 Month, there was a common Talk about the Parish, and my Wife was uneasy when she heard that Mrs. Shelly had sign'd Writings, and so I went to Mrs. Shelly in the Cow-house, and said, i had heard she had sign'd Writings, and she desir'd me to take no Notice, for she knew what she had sign'd, because she had read it before she set her Hand to it; but for my part, I never saw Scrip nor Scrawl.
King's Council. Did she say any express Words of a Note of 4000 l. or that her Daughter had sign'd any Writings?
Mr. Dicks. Last Easter was a 12 Month, I went down with the Prisoner to claim his Wife, Mrs. Shelly gave us a Dram; the Prisoner ask'd her if Mrs. Ann was within? She said there had been some Difference betwixt her and her Daughter, who kept out of the Way, which she herself was not the Occasion of; but was very sorry that the Prisoner had been at the Trouble and Charge of coming down so often, and would make him any Satisfaction, if he'd deliver up the Writings. Then he produced a Note of some Agreement of 50 l. a Year, to be settled on Mrs. Ann, and another Note of 4000 l. and the Wedding-ring, and the Licence; she desir'd him to be easy, and said, she did not care if she gave him 4 or 500 l. if he'd deliver up her Note.
No, says he, I won't take 1000 l. but I'll put the Note in Force.
King's Council. Did you read those Papers?
Dicks. I did not take much Notice of them - he laid three on the Table.
King's Council. What shape was the Note?
Dicks. A long slip of Paper; I think it was sign'd by both Ann Shelly's - I don't remember the Substance of the third Paper.
King's Council. Where were you at the last Trial?
Dicks. In Leicestershire - At Wickston-Two-Steeples, two Miles from Leicester - I have a small Estate there, of about 30 l. a Year.
Christopher Bews . At the End of April, 1732, I went to the Prisoner's House, in Booth-Street, Spittle-Fields, and found Mrs. Shelly, the Mother, with him. He was walking about very much dissatisfied, and said he had been ill us'd, and she talked very low, and assur'd him it was none of her Contrivance. There was a Gentleman, one Mr. O Brian, and he read a Paper of 50 l. to be settled on Ann Shelly ; and something of a Note of 4000 l. to be paid sometime afterwards by Mrs. Shelly, and Mrs. Shelly said, she had rather give him 1000 l. than have any farther Dispute with him about the Note.
King's Council. Did you read the Note yourself?
Bews. No; I can't read.
Court. It appears plain, that Mrs. Shelly never deny'd the Note, that she was highly concern'd her Daughter had behav'd in such a Manner, and that she was willing to make Satisfaction. The Evidence against the Prisoner,
Martha Todd. Last May, was twelve Months, I told him, I had heard, he was to be one of the Prisoner's Witnesses; and he said, No; he knew nothing of their Affairs, and never saw Scrip nor Scrawl - I saw him again, when the Prisoner was committed to Newgate, and ask'd him, If he remember'd what he had said ? And he answer'd as before.
Court. He might say so, perhaps he was not willing to disclose their Affairs to her.
Martha Todd. I was at Mrs. Shelly's, when Yates said to the Prisoner, If I was courting a Lady, I'd bring down a Licence, and say, Madam, I must and will have you; and Mrs. Shelly said, I deny that with both my Hands.
Elizabeth Gowers . I liv'd at Mrs. Shelly's, before the Prisoner first came - He lit of them at Midsummer-Fair, and so came to see them, on the Foot of Courtship to Mrs. Ann ; but she made a Rejectment, and said she would never have any thing to say to him that way; and to my Knowledge, she continu'd in the same Mind all along, from his first coming to his last.
Court. Had she any Lover?
Gowers. Yes; Mr. Sexton ; the Prisoner reduced him to her, as he told me next Day, and said, he should have got me to a' spoke a good Word for him - and sometime afterwards, he said, I see Miss won't accept of Mr. Sexton, no more than of me.
King's Council. They have call'd Witnesses we were not aware of - We were prepar'd for the Witnesses he brought to Guild-Hall ; but now he has got quite a new Set, except Yates - and the Agreement is a Piece of Evidence that they did not produce before.
Court. That might be their Ignorance.
King's Council. As we are depriv'd of the Evidence of Mrs. Shelly and her Daughter, 'tis impossible to prove the Forgery if Circumstances are not allow'd as Evidence, and I think the Circumstances appear very strong on the Face of the Note - Yates is the only Person we are prepar'd for, and therefore we can only attack his Character. The rest, as we know nothing of them, we must leave to the Jury. Mr. Powel, What do you know of Yates ? - Nay, don't shake your Head, but speak.
King's Council. Out with it, Man.
Powell. I don't love to meddle with my Neighbours.
King's Council. Do you think he would take a false Oath?
Powell. I can't say what a Man would do.
King's Council. If you were upon a Jury, would you give Credit to his Evidence?
Powell. Don't ask me to instruct the Jury.
Thomas Farvis . I have known Yates three Years - He is an Irishman, and has the Character of most of his Countrymen - a very bad Character in general - He is supposed to to have a Club of them, that will do and say any thing.
Prisoner. I have a great many Witnesses to my Character.
Court. If you call Witnesses on one Hand, they may call on the other.
King's Council. Ay we shall Counter-ballance them.
The Jury acquitted the Prisoner.
John Partridge. In my Way from London to Watford, as I was riding up Red-Hill (which is a little on this Side Edgworth ) I saw the Prisoners coming down; it was a clear Moon light Night, between 7 and 8 a Clock. They spread themselves a-cross the Way, and Weedon (the Soldier ) took old of my Horse's Bridle, and led me down, and the other two went one on each Side. When we came to the Gate, at the Bottom of the Hill, by the Meadow Side, they nhors'd me. Butler put his Hand in my Pocket, and took out my Purse with my Money in it, and then unbuttoning my Breeches, shook the Wristband, and ask'd me, if I had any more ? I said, No; but searching farther, he found 2 or 3 penn'orth of Ha'pence, upon which he gave me a great Slap o' the Face, for saying I had no more. Weedon then led me about 60 Poles, sheer a-cross the Meadow, to the farther Side, behind a Hedge. There Weedon and Butler, who, I think, had Pistols, took off my Great-Coat, and laid it for me to sit on. I thank'd them, and then they ty'd my Hands and left me, but soon turn'd back, and Cox felt of my Hat, and saying it would fit him took it from me, and ty'd my Legs too. Then one of them took away my great Coat, and telling me it I shirr'd before they brought me more Company, they'd shoot me thro' the Head; they went away again. However, I made shift to slip my Hands loose, and went to the Crane at Edgworth, where I told Mr. Russel my Case ; some Justices were sitting at that House, and they sent in search of the Prisoners, who were found at the White-Lion, in Edgworth. They were brought to me in about an Hour and a Half. I knew Cox at the first Sight, but was not so positive to the other two immediately, tho' upon Recollection, I was positive to them likewise, the same Night. Weedon was not then in his Regimental Clothes, and Cox, I remember, in particular, when they had ty'd my Hands, wanted to cut the String to take my Clothes off, and leave me naked.
Weedon. What Clothes had I on ?
Weedon. It's well known I have won nothing but red to s several M
Butler. He clear'd me before the Justice that Night.
Partridge. I said at first Sight, I did not know him, but I recollected him in less than an Hour, tho' indeed I did not say so at that time, for I did not think it proper, because no Body ask'd me the Question.
James Brown . About 7 a Clock, the same Night the Prosecutor was robb'd, I saw the three Prisoners go by the Hill as I was going down. I had known Cox and Butler many Years, but I did not know Weedon.
- Pope. I am Servant at the Crane at Edgworth. The Prosecutor came in about 8 at Night, and complain'd he had been robb'd by three Men. I was sent to the Constable's House (the White-Lion ) where Butler and Weedon were drinking. The Constable came, and went back and fetch'd them all there to the Crane.
The Prisoners Defence.
Hannah Neal . I live at the White-Lion. The 3 Prisoners came there to drink, about 4 in the Afternoon. Cox went to Bed between 4 and 5, and between 6 and 7, Mr. Marshal, a Butcher, came and pulled him out of Bed. He sat by the Fire a Quarter of an Hour, and then went to Bed again. At half an Hour past 7, as I was going up Stairs, I saw a Light in his Room, upon which I went in to fetch away the Candle, and saw him asleep, and half an Hour afterwards the Officers came and took him out of Bed. The other two were drinking at the same time; they had been out, and came in again, between 6 and 7, as I guess, for we have no Clock - but it was about half an Hour before they were taken.
John Freshwater . I came home (to the White-Lion) from London, between 5 and 6. Cox was then by the Fire, and in Half or three Quarters of an Hour, he too a Candle and said, he'd go to Bed. My Maid going up about half an Hour after, came down with his Candle, and said he had left it burning inRobert Marshall , who lives in the Town, came in a little before Butler and Weedon, and said his Clock struck 7, just as he came out of his own House - my House is half a Mile from where the Robbery was committed.
Court. Are you sure they were all three there?
Burton. To the best of my Remembrance; but I am sure as to Butler and Weedon.
Court. Did not they go out at all?
Burton. Yes; but I am almost sure they returned by half an Hour past 6, and did not go out again.
Court. Was you there your self all the Time?
Burton. I was to-and-again, in-and-out, for I am the Ostler; but I was most an- end in the Kitchen - The Prisoners bear an honest Character.
Brown, Tracey, and another Woman, were seen talking together, in Great St. Andrew's-Street. They parted; Tracey went into the Prosecutrix's Shop, and cheapen'd some Tea, Brown follow'd ask'd for a Quarter of an Ounce of Tea, and threw three half Pence on the Counter, and while the Prosecutrix turn'd about to take down her Scales, he snatch'd the Cup off the Chimney Piece, and run over the Way into Neal's Court. The Prosecutrix went to the Door after him, when Tracey took her by the Arm, and told her, he was run the contrary way. A Neighbour, who from an opposite Window saw what pass'd , call'd to the Prosecutrix to secure Tracey, which she did; Brown made his Escape, but being presently after taken up for Coining, and carry'd before the Justice and searched, the Cup was found upon him. Tracey being carry'd before the same Justice, and the Prosecutrix describing her Cup, the Justice produc'd that which was taken from Brown, which prov'd to be the same she had lost. Tracey was acquitted , and Brown found Guilty .
29. John Brown , otherwise Johnson, otherwise Terence Conway , was a second Time indicted, with Margaret Berry , for High-Treason, in Coining 20 Pieces of false and counterfeit Money, in the Likeness of Six-pences , May 10 .
Anthony Macnelly . About nine Months ago, I came from Paris, with a Servant of my Lord Peters - I had been a Month in London, when happening to meet a Friend in the Street, I went to drink with him, at the Muffled-Bear, in Wild-street. The Prisoner, who goes by the Name of Brown, was sitting in the next Box, and call'd to me by my Name ; I told him, I did not know him: No! says he, my Name's Terence Conway . Then I recollected that I had been acquainted with him in Ireland. Having parted with my Friend, the Prisoner carry'd me to the Bull-Head, in Prince's-street. There we found the other Prisoner, who was his Acquaintance, and goes by the Name of Berry, but she told me, that her right Name was Mac Evers .
Penny Brick . I thought it odd he should give me Silver to change, when I knew he had Copper. I gave the Baker's Maid the Six-pence to change; she scrupled it, and carry'd it in to her Master, who came forward and ask'd me if I gave that to the Maid? I said, Yes. And have you got any more such about you? says he. No, says I. And upon that he seiz'd me, and sent the Maid for a Constable; but Conway coming in, call'd for a Penny Brick , laid a Penny down, and push'd me out, and I ran away; he follow'd, and call'd after me, and so we met again. I was so daunted that he could not persuade me to change any more that Night, but he past off several himself in our Way to his Lodging, which was in Grub-street . When we came thither, he bid me call upon him next Morning, and ask for him by the Name of Brown; so we parted, and I went to my own Lodging, which was at my Aunt's in Gardener's-lane, Westminster. Next Morning I call'd at Mr. Brown's Lodging; his Landlady directed me to go up one Pair of Stairs; I did so, and knock'd two or three times, but having no Answer, I went down again; then his Landlady call'd Mr. Brown, upon which he answer'd, and came down with the other Prisoner, who goes for his Wife. We drank two or three Quarters of Gin together, and then he bid me take a Walk in Moorfields, and come again in an Hour; which I did. We went together towards- Piccadilly, and past off several Six- pences that Night; so I used to go to him every Morning, and we used to go out in the Dusk of the Evening. But as I often staid very late, my Aunt as often checked me for keeping such ill Hours. I told the Prisoners of this, and so it was agreed, that I should lye in the same Bed with him and her, which I did for some Time, and I believe their Landlady knew nothing of it, but thought I still came in the Morning. At last I began to be ashamed of lying with a Man and a Woman at the same Time, and then they got me a Blanket, and I laid by their Bedside, and they were very kind to me. Now I'll give an Account of what I have seen them do every Morning that I was with them, except Sundays; he sat down on one side of the Fire, and she on the other; they put a Fire-shovel on the Fire, with some Metal in it like Pewter, and melted it; then he took the Shovel and poured the Metal into something, but I can't say what, for they would not let me see it. Then they put the Shovel on the Fire again; he took out a Six-pence, and threw it into an old Hat behind him, and so they did till they had used all the Metal in the Shovel, and made 20 Sixpences, or more, and I have taken them warm out of the Hat. Then both he and she took a Knife and scraped the Edges round, and nicked the Edges of some of them with a File, and afterwards bent them.
Court. Did he take out but one Six-pence at a time?
Macnelly. But one; I asked him to let me see the Thing they made them in, but he would never let me, tho' he promised me that in time he'd let me into the Secret, and learn me how to make them. There was a Table in the Room with Chalk or Whiting, and a flannel Waistcoat, and they set me to rub them upon the Table with the Whiting and Flannel, as hard as I could, which I did. We staid 2 Months in Grub-street, and then removed to Morris's-court in Peter's-street, Soho, where we followed the same Trade; and we always took Care to lock the Door within Side when we were at work.
Berry. Did you ever know me to put off any bad Money ?
Macnelly. Yes; many a Time. She had a false Pocket with a private Fob ; I have seen
Brown. You make this Information only to get your Discharge from your two Years Imprisonment. Why did not you make your Discovery before you were ordered to be imprisoned?
Macnelly. Brown and I were sent to the Gatehouse for passing this bad Money, and he told me several times there was no Danger, for it was bailable, and we should soon get our Liberty. At Night he was carried before Sir John Gonson , and bailed out. Then I thought to make my Information at Hicks's-Hall, but seeing several of his Friends there, I was afraid they'd tell him, and so he'd make his Escape; so I rather chose to stand my Trial; and afterwards I sent to Mr. John North , who belongs to the Mint, and made my information.
Brown. Did not Mr. North send for you, and promise your Liberty and a Reward?
Macnelly. Mr. North never sent to me, nor had I any Reward, or any Promise from any Body.
Mr. North. Brown was bail'd, but did not appear on his Recognizance. Macnelly was try'd on the Saturday, and on the Monday following he sent to me, and gave the same Account in Substance as he has done now. I made him no promise of his Liberty, or any Reward, but on the contrary told him, he must not expect any such Things.
Brown. Macnelly d has been in the French King's Service; he said, when he was in the Compter, that he would swear our Lives away, and hang us, if he lost his soul to Hell.
Robert Sexton . I keep a Smith's Shop at the Top of Grub street; the Prisoners lodg'd with me 2 Months, and 'tis about 5 Months since they went away. He said he was a Hair-merchant, and had an Estate of 50 l. a Year. They kept their Chamber very close, and sometimes went out. Macnelly came to them almost every Day. After they were gone I found about 2 Ounces of mix'd Metal; with which a Man in my Shop made me this Pair of Buckles.
Mr. North. As I have been concern'd in prosecuting several on the like Account, I have seen a great deal of their bad Money, and this Buckle is very much like what they commonly make Use of; 'tis a kind of Block-tin.
Mary Story . I clean'd the Prisoner's Lodgings at Mrs. Morris's in Old Soho. - I believe she is President here, and I found a matter of a Pound of this Metal in Consequence, but I gave it away to the Children; and this Pocket, which I found there too, had a Bit in it.
Court. Look on that Pocket, Macnelly; is that the double Pocket you said the Prisoner wore?
Macnelly. 'Tis very like it, but I can't positively swear 'tis the same.
Mr. North. I believe this is made of the same Metal as the Buckles.
Brown. I receiv'd it for a good one -
Berry. And as for Macnelly's coming to us, my Landlady knows that both I and my Husband desir'd her to deny us to him.
Court. What Husband?
Berry. This is my Husband.
Brown. And this is my Wife.
Mrs. Sexton. When the Prisoners lodged at my House in Grub-street, this one-ey'd Man, Macnelly, came to them almost every Morning - There was another Man, indeed, came after them, to whom they desired me to deny them - After they were gone, I found a Piece of Metal, and some Whiting, in the Drawer.
Mr. North. When the Prisoners were before the Justice, Brown said she was not his Wife, and she said, he was not her Husband, for she was never married to him in her Life. She said the same in New-Prison, and that she could prove he had coin'd, but I told her it was then too late. She said Margaret Berry was her maiden Name, and that her Husband, Patrick Mac Evers, was then alive.
Court. If she could prove her Marriage to Brown, it would do her no Service; for in High Treason 'tis no Excuse for a Woman, that she acts under the Direction of her Husband.
John Stolon , Constable. I took Brown on a Bench Warrant, for uttering bad Money, and I found in his Pocket a Razor, a Pair of Scissors, and this fine File.
Macnelly. I believe this is the File that I have seen him use often in nicking the Edges.
Brown. I found the File in the Street.
Ann Berry . I live at Mrs. Morris's in St. Anne's-court, ( some call it Morris's court ) in Peter's-street, Soho ; I was going one Sunday Night, about 4 Months ago, to see for the Prisoners, and by Chance I met this blind Man, Macnelly, near the New Church in the Strand, and asked him if he had seen them ? No, says he, not to Night, but I saw them in the Morning ; and, God damn me, but I'll be revenged of them both, for I'll have a better Coat to my Back by this Day s'nnighs.
Court. Did he ment on any thing the Prisoners had done to him, for which he would be revenged?
Macnelly. She says this was 4 Months ago, and I have been 5 Months in Consinement.
The Jury found the Prisoners both Guilty . Death .
30. John Sherman was indicted for the Murder of John Wiggans , by striking him on the left side of the Head with a Cane, by which he fell to the Ground, and by that Fall received one mortal Wound and Bruise on the Fore part of his Head, Sept. 20 of which Wound he linguished till the 26th of the same Month, and then died . He was a 2d time indicted on the Coroner's Inquest for Manslaughter.
The Prisoner and the Deceased were at the Tewksbury-Church Alehouse in White-chappel; they sat in different Boxes; the Prisoner and his Company were spelling Words, and at last a Tankard of Beer was laid about spelling Plumb; upon which the Deceased started up, and said, God damn you all for a Parcel of Blockheads, P, l, u, m, b, spells Plumbn Some of the Prisoner's Company said, what silly Fellow is that, to trouble his Head with us? The Deceased came to them, and swore he was as good a Man as any of them, and he'd fight e'er a Man there with a Sick, either for Love or a Tankard of Beer, and at last he would needs sight the Prisoner. The Prisoner declined it, but the Deceased went home, and returned with his Cane, and challenged the Prisoner to go into the Yard. They fought, and broke one another's Heads. - The Prisoner's Cane was split. They parted. The Deceased would have t'other Bout. The Prisoner knocked him down, and he fell with his Head upon the Pavement; he was help'd up; they went in; their Heads were dress'd; they drank to one another ; shook Hands; parted Friends, and the Deceased went home, and not imagining the Wound to be dangerous, neglected to send for a Surgeon till it was too late; his Skull was fractured, and it proved the Cause of his Death. Manslaughter .
* Whitby was an Evidence in May last against Taylor, Smithson Phillis and Stricket who were indicted for several Facts, but acquitted. Sessions Paper, Numb. V. p. 148, 149.
John Gordon . Crossing Lincoln's-Inn-Fields, about 12 at Night, I was set upon by 5 Men, 3 of whom, + Richardson , Grace and Smithson were convicted last Sessions. Grace collared me, and swore, Damn you, you Dog, deliver your Money; Richardson gave me a Blow on the Arm, and took my Hat and Wig, and struck me on the Head; two others rifled my Pockets; one took 5 d. and the other half a Guinea - One drew a Knife, and threatened to stab me. A Light coming by the Corner of the Fields, they let me go, and after I was got from them, I heard one of them say, God damn you, why did not you stab him, for he looked back, and he'll know us again - I went off towards Clare-market - I can't swear to the Prisoner's Face.
+ Sessions Paper, Numb VI. p. 189
Robert Shorter . The Hat was found by two Chairmen by Bedford-street, not far from where Richardson was taken. The Evidence, Watson, told me (in Bridewel) that the Wig was pawn'd at the Seven Dials for a Shilling, and that he'd send a Woman for it, and she should give it to Mr. Atley, and Mr. Atley to me.
Joseph Morgan . I live in Bowl-Yard in St. Giles's in the Fields, [the Prisoner said in Shoreditch;] the Prisoner lodged at my House 6 Weeks, from the End of June: He behaved well, and kept good Hours; he made Mother of Pearl Buttons .
Court. Where was he the 28th of July at Midnight?
J. Morgan. I can't say where he was that particular Night, but I never knew him out so late as 12 a Clock; I lock my Doors every Night at 10, and the Key in the Door; but then my Bed is so near the Door that he could hardly go out without my hearing.
John Simmonds . I live in Lombard-Court at the Seven Dials; from the 1st to the 21st of July, I lodged and worked with the Prisoner at Morgan's, and in that Time he was hardly ever half an Hour out of my Company; he kept good Hours; I saw no Harm by him, and he had a pretty good Character.
Watson. Pretty good! I have often known him lye out a Nights, and be at the Lodging-Houses in St. Giles's; he was an Evidence in (I think it was) June last.
William Jackson *. I lay with Watson in New-Prison, and at Night, when we were lock'd up, he begun, in his usual way, to tell about his Villanies. I ask'd him, if he ever got any considerable Booty? and he said, once he could have got 300 l. worth of Plate, if it had not been for Stick-in-the-Mud +, so that he got but 14 l. - Watson was sent to the Jerusalem, to view the Prisoner, and when he came back, I ask'd him, if he knew the Prisoner? Yes, damn him, says he, I know him, and am sorry I inform'd against him. I advis'd the Fool to keep out of the Way, but now he's taken, I must make my Information good, or the Court will Nail me.
* See his Trial below.
+ Otherwise James Baker, he was try'd in July. 1732. for robbing Catharine Burkett , and acquitted. And he was again apprehended, on suspicion of robbing Philip Turst , in Company with Sutton and Simonds ( who were try'd and acquitted last Sessions) and Thomas and James Alexander .
The Jury found him Guilty . Death .
34. Elizabeth Dew , was indicted for stealing Apparel, Table-Linen, and two Gold-rings, the Goods of John Lewin ; two Pieces of Foreign Gold, a Broad Piece, a Double Guinea, and a quarter Guinea , the Money of a Person unknown, Sept. 17 . Guilty .
John Orloson ; and a Coat, Waistcoat, and Breeches, the Goods of David Mills , in the House of Andrew Wood , Oct. 3 . Guilty 4 s 10d .
39. John Norris , was indicted for stealing a Coat, a Hat, an Apron, a Cane, and a Handkerchief , the Goods of John Abbot ; and for a Misdemeanor in defrauding John Abbot of 22 s. under Pretence of leaving in Pledge a Roll of Silk, when indeed, it was only a Roll of Rags , Sept. 18 . He was acquitted of the Felony, and found guilty of the Misdemeanor.
40, 41, 42. John Cox , Elizabeth Maccarty , and Frances Winship *, were indicted for stealing 2 Pieces of Pork, 3 Pieces of Beef, and 2 Hogs-Skirts , the Goods of Francis Robinson , Sept. 16 . All acquitted .
* F Winship was tryed last Sessions, and acquitted. See Sessions Papers, Numb. VII. p. 195.
46, 47. Richard Cook , and Sarah Cook , his Wife , were indicted for stealing several Goods in their Lodgings, and for stealing several Household Goods , the Goods of John Yateman , Sept. 24 . The Jury considering the Felony charg'd upon Sarah Cook, as a Fact distinct from that of her Husband, found them both Guilty .
49. Thomas Connel , was indicted for privately stealing a Wig, value 6s. the Property of Daniel Child , and a Wig, value 2 s. the Property of William Arnold , in the Shop of Richard Philips , Sept. 8 . Guilty 4s. 10d.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death 8.
Margaret Berry pleaded her Belly, and a Jury of Matrons being impannelled found her quick with Child.
Burnt in the Hand 13.Edward Thomas , Edward Scot, Joshua Hall , and Susan Rambridge . All but the three First were former Convicts.
George Caves , Thomas Reynolds , Benjamin Rogers , Eleanor Allen , Alice Binnell , Ann Munford , John March , Ann Hopkins , Susan Moses , John Hudman , John Mathews , Elizabeth Dew , John Hardiman , William Shaw , Elizabeth Harris , William Harman , William Jackson , Richard Cook , Sarah Cook , Nehemiah Jones , Thomas Connell , and Ann Walker .
In the Mayoralty of the Right Honourable JOHN BARBER, Esq; 569 Persons have been indicted; of which Number 52 have received Sentence of Death, 11 been burnt in the Hand, (exclusive of those stop'd from Transportation) 246 order'd for Transportation, 6 Fin'd, Imprison'd, or Pillory'd, 4 Whipt, and 288 Acquitted by the Juries.
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