THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, FOR THE City of LONDON, AND County of MIDDLESEX, ON
Wednesday the 24th, Thursday the 25th, and Friday the 26th, of April, in the Seventh Year of His MAJESTY's Reign.
Printed for J. WILFORD, behind the Chapter-House, near St. Paul's. M, DCC,XXXIV.
(Price Six Pence.)
Where may be had the foregoing Numbers in this Mayoralty, and the Sessions-Papers of the last.
The PROCEEDINGS, &c.
BEFORE the Right Honourable Sir WILLIAM BILLERS , Knt. Lord Mayor of the City of London; the Rt. Honourable Lord Chief Justice Hardwicke , Mr. Justice Reeve ; 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.
6. Thomas Evans , alias Stevens, alias Stevenson, alias Prat , was indicted for stealing 22 yards of printed Linnen, val. 22 s. 15 yards of Printed Cotton, val. 30 s. 38 yards of Check, val. 38 s. 13 yards of blue Linnen-val. 13 s. 24 yards of Printed Linnen Hankerchiefs, val. 24 s. 22 yards of Muslin, val. 3 l. 6 s. 15 yards of Cambrick, val. 3 l. 36 Ells of Holland, val. 4 l. 10 s. 14 Ells of Nuns Holland, val. 28 s. 36 yards of Irish Linnen, val. 56 s. and 8 yards of Course Linnen Wrapper, val. 4 s. the Goods of John Wingfield , in the House of Jos Spinks , March 21 .
John Wingfield . The Prisoner came to my Shop, with a Pattern of printed Linnen, and said, If I could match it, he should buy a Parcel of me, I happened to have none of the same Sort in my Shop, and so he left it with me, and came again in 2 or 3 days. I told him, I had been at several Places to match it, but could not do it exactly. Well,, says he, It don't signifie much, and as I have given you some trouble, I intend to take a Parcel of you, for I have got a Sister at Twickenham, who keeps a Worsted Shop next to the Kings Arms there; and as she has a large Acquaintance, she is willing to sell Linnen. I desired him to look out what he thought proper. But, he said, he would come another time, and do that, because his Sister's Waterman, who had brought up Money to pay for a Parcel of Linnen, was gone back to Twickenham, but would be here again in a Day or two. The Prisoner came accordingly, and said the Waterman had brought the Money. So he look'd out a Parcel of Goods, and made me cut a Piece of Muslin, because, he said, the whole would come to more Money than his Sister had sent. When he had chosen the Goods, and we had agreed upon the Price, I made out a Bill of Parcels for Goods
Mansel Alcock, the Prosecutor's Servant. By my Master's Order I took the Goods, and went with the Prisoner to the Blue-Anchor Alehouse in Swan-Lane . He asked if his Waterman was there, and somebody said, No. Then he called for a Pint of Beer, and when it was empty'd he said, Come, we'll go see for him at another House, and you may leave the Goods here.
Prisoner. Did not you deliver the Goods to me?
Alcock. No; I left them in the open Room, and then we went to an Alehouse. And the Prisoner pretending to speak for some Beer, stept out at the back Door. As soon as I found he was gone, I ran back to the Blue-Anchor to see for the Goods. But Mrs Spinks, the Woman of the House, told me, that the Prisoner had fetch'd them away.
Mrs Spinks. I keep the Blue-Anchor.
Court. Have you a Husband?
Mrs Spinks. Yes.
Court. What is his Name?
Mrs Spinks. Joseph Spinks - This Lad bid the Prisoner come to my House. The Lad brought a Bundle, and the Prisoner asked me, if the Twickenham Waterman was there? I said, No. Then he asked the Lad if he'd drink a Dram or a pint of Beer - They had a pint of Beer; and then the Lad left the Bundle, and they went away together. But the Prisoner soon returned alone, and said, he had found the Waterman; and so he took the Bundle and went away, towards the Monument.
Edward Dun . On Saturday the 21 of March, as the Prosecutor and I were going along White-chappel, we saw the Prisoner crossing the way. Says the Prosecutor, I believe that's the Man as took me in. Why don't you follow him then? Says I; and upon that the Fellow began to run, and we ran after him. I suppose he intended to make the best of his way to Goodman's-Fields: But turning down an Alley that was no Thorow-Fare, he hid himself in a Stable, where we found him.
Prisoner. They cry'd, Stop Thief! And that made me run.
Court. But was that a Reason for your Running, if you had not been a Thief?
Mr. Dun. We did not cry, Stop Thief!
Prisoner. I bought the Goods of the Prosecutor. He sent them by his Man to the Place appointed, and the Man deliver'd them into my Hands.
Court. The young Man denies that upon his Oath.
Prosecutor. He said they were not for himself, but his Sister Wilson at Twickenham; but upon Enquiry we could find no such Person.
Court. His taking the Goods out of the House, fixes the Fact upon him.
The Jury found him Guilty . Death .
He was a second time indicted for a Misdemeanor, in defrauding Peter Webb , and Edward Ayre , of a parcel of Linnen, value 21 l. under pretence of being a Shop-keeper at Brentford; and that if they sent the Goods by a Servant, he wou'd pay the Money upon the Delivery.
But the Prisoner being Capitally convicted on the former indictment, he was not try'd on this.
William King . I drank 2 or 3 Bottles of Wine with the Prisoner, at the Key and Garter in Drury-lane . When the Reckoning came to be paid, I pulled out some Money and this Medal among it. She asked me to let her look on it, and so She took it out of my Hand; and put it into her Mouth; and then told me she had swallow'd it. Mrs Jones the Landlady, let her out at the back Door. I desir'd Mrs Jones to call the Watch; but She bid me do it my self. I ran out and catch'd the Prisoner; and getting Assistance, carried her to St. Martin's Round-house, Mrs Jones came, and said, if I'd take her Word, the Prisoner should be forthcoming on the Morrow, and I shou'd have the Medal in 3 Days, if I would give the Prisoner the Value of it in Silver.
Prisoner. Was not you with other Whores in Windsor-Court, where you drank 5 or 6 Quarterns of Brandy with them, and then they beat you?
Prosecutor. Yes, I had been up the Court with another Woman, but she wrong'd me of nothing.
Prisoner. But was not you a fighting with them? and did not I come and take your part, when they were a beating of you?
Prosecutor. There was a little of a Debate - but no Fighting as I remember.
Prisoner. You was drunk, and don't know what there was - I am sure you begg'd of me to see you safe out of the Court, for you was afraid they'd quite demolish you; and when we came into the Lane, you invited me to drink a Glass of Wine for my Civility.
Stephen Ewen . The Constable being busy, desired me to go with the Prisoner to the Round-house, And as I was going with her in a Coach, she pull'd out some Silver, and a Piece of Gold a little bigger than a Half-Guinea, and said she had it of the Gentleman, but he should never have it again.
Prisoner. Did I say, I robb'd him of it?
Ewen. I don't say you did.
Prisoner. Did not I say he gave it me?
Ewen. I believe you might
Prisoner. And so he did about 2 in the Morning. And the Woman of the House knows it; for she was in the Room all the while - but she is not here, because they want to prosecute her for keeping a Baudy-house.
Prosecutor. Why did you run away, if I gave it you?
Prisoner. I did not run.
Prosecutor. You are a saucy lying B -
The Jury found her Guilty to the value of 10 d.
8. Ann Day , was indicted for stealing a brocaded silk Gown and Peticoat, value 5 l. a Dimity-Gown, a quilted Peticoat, 3 under Peticoats, 5 Smocks, 4 Tea Spoons, a Pair of Tea Tongs, a Silver handed Knife and Fork, a Girdle-Buckle, a Silver Snuff-box, 5 pair of silk Stockings, and a Mob, the Goods of Mary Morris , in her House , Decemb. 30 .
Mary Fortune . My name was Morris when I was robb'd , but I have since been married. The Prisoner was my Servant , and had lived with me three Quarters of a Year - She asked me to go out to see her Child, and she staid out several Nights, which made me mistrust her; and when she came again, I examin'd my Trunk, and mist the Goods. She confest she had pawn'd them at Joe Euthard 's, in Villars-street. He refused to let me have them, without laying down the Money they were pawn'd for, which was 6 Guineas; and so my Husband got a Search Warrant.
Humphry Fortune. Missing the Goods, I tax'd the Prisoner. She fell on her Knees and begg'd Pardon, and said, she'd make me amends, for she had some Goods of her own, and would sell them and redeem mine, which she said she had pawn'd at Jo. Euthard's, at the 3 Bowls in Villars-street. He would not produce them till I got a Search-Warrant and he was very unwilling then; for he
Joseph Uthard . The Prisoner pawn'd the Goods with me at several times, in October, November, and December. She came in her Mistresses Name, and I knew her Mistress used to send to her, and a former Maid, to pledge things at my House; and sometimes she came her self, and she own'd that she sent the plate by the Prisoner - I shew'd them the Goods when they demanded it.
Prisoner. My Mistress sent me to pawn some of the Things, and the rest I pawn'd for my own Use - They put me in here last Sessions, but fetch'd me out themselves, because the Goods were laid in a wrong Name.
Mrs Fortune. I did send her with 5 Spoons, and that was all, and I sent her again with Money to redeem them.
Court. When were you married?
Fortune. The 3 of January last
Uthard. They did not come for the Goods till the 15 of January.
The Jury found her Guilty to the value of 39 s.
Guilty of the first and second, to the value of 10 d. each , and Acquitted of the third .
Jane Hunter . On the 30 of March, in the Afternoon, I met Captain Mitchell in Long-Acre . How 'ye do, Madam? Says he. Very well, thank you, Captain, says I. And how does Mr. such-a-one do? says he; Very well, Sir, says I again, and then I look'd upon my Watch, and it was just upon the Stroke of two, and so the Captain and I parted. The Minute he left me, I met the Prisoner; he got betwixt me and the Wall, put his Arms round my Waist, asked me a rude Question and thrust me up against the Post. I was very much frighted; but as soon as I recovered myself, I said, O my Watch is gone - Then, Madam, says he, you can't tell what's a Clock. So he walked along towards Drury-lane, and stopt to speak with an Ordinary Creachure that stood at the End of Princes Court.
Court. Were you acquainted with him?
Hunter. No, I never saw the Fellow before.
Court. It's very strange, that a Man should be guilty of such an Action in a publick Street, and in the middle of the Day, and yet not endeavour to escape.
Hunter. But it's very true; and last Friday Morning, a Watch-maker came to wind up a Clock in the House where I live, and he told me that he had seen such a Watch as mine, and had it in his Hand, and that one Lowther (not the Prisoner, but another of the same Name) brought it to him - it was a Gold chaced Watch. I value it at 14 l.
Ann Cole I saw Mrs Hunter in Long-Acre, and a Man had his Arms round Waist She flung from him, and call'd him Fellow and said, she had lost her Watch. Then she went to Princes Court, and he to Red-Lion-Court End, on the other side of the Way. She turned back in a great flurry and went in at a Door. I thought it a very odd Matter, and so I look'd after him and he crost the Way, and stood talking, with a fat Woman in a striped Gown, at the End of Princes-Court
Ann Murphey . There was a Mob about my Door, and this Gentlewoman and that Man were among them She held her Watch-chain in her Hand, and said, she had lost her Watch; and he said in a Bantering-way, Why don't you search me? You see I don't run away.
Captain Mitchell. I know nothing of the Prisoner or the Fact, but I met this Gentlewoman
James Birdsell . Last Thursday Morning, a Gold Watch was brought to me to be set faster. Mrs. Hunter had describ'd her Watch to me, and this answer'd the Description; but as it was not advertised, I would not venture to stop it. So going to her Lodgings to wind up a Clock, I told her of it. It was brought to me by one Lowther a Seal Graver in Fountain-Court in the Strand. I had but a short Acquaintance with him. I asked him how long he had had it? He said, sometime I asked what he would have for it? He said 14 Guineas, and he would spend half a Guinea of the Money. I bid him leave it, and may be I might help him to a Chap, tho' I intended to shew it to Madam; but he would not I went with her to his House, but he was not at home.
Court. Why was not Lowther brought hither?
Birdsell. I know nothing of that.
Prisoner. As I was standing by the End of Long-Acre, this Woman went by on the other side of the Way, and said she had lost her Watch: She had a Train of People after her.
Hunter. There was not a Creachure near me, when he stopt me.
Prisoner. The People said, they did not believe her, for she was a Town-Madam of a very indifferent Character. And so when she came down again, I had the misfortune to ask her if she had pawn'd her Watch? Damn you, says she, I don't know but you have got it - she went after some Captain, as she call'd him, unto Long-Acre; but when she had gone a little way, she came back once more, and I offer'd to be searched; but she got a Constable who carried me before the Justice.
Joseph Andrews . The Prisoner came to live with my Lord Harbrough as his Porter, in March, 1731. His Lordship dyed on the 16th of October following; but the Prisoner staid in the House till the next January. He bore a good Character.
The Jury acquitted him.
14. Daniel Cook , was indicted for stealing 2 Gold Plates, and a Gold Rim of a Snuffbox, val. 10 l. the Goods of the Rt. Honourable the Lord Harvey ; and a Gold Tweezer Case val. 4 l. the Goods of Peter Dutems , in the House of Elisha Manisire , Jan. 25 .
The Prisoner was tryed last Sessions, for stealing these Goods; but they being (by mistake) laid in the Indictment to be the Goods of Elisha Manisire , he was acquitted; but this other Bill being found against him, he was detain'd in Custody till this Sessions.
Elisha Manisire . I am an Engraver. Two Gold Plates, and a Gold Rim of a Snuff-box belonging to my L Harvey, and a Gold Tweezer Case of Mr Dutems were delivered to me to do some work to them. They were lost out of my Drawers on the 25th of January, and not hearing of them in three Days, I advertised them the Monday following, with a Reward of 10 Guineas, to the Person who brought them to Mr. Dutems, at the Golden Cup in Leicester-Square. And the same Night the Prisoner, (who is my Apprentice ) and Peter Hales , Mr. Dutems's Apprentice, came to me at a House where I was, and told me with a great deal of Joy, that they had heard news of the Box, and then they shew'd me a Letter.
R. M. I can't be certain which, - But here is the Letter.
Court. Let the Letter be read.
`To Mr. Dutems at the Golden Cup, in `Leicester-Square. Send the Boy or Girl, of `the Person from whom the Things were took, `with the Money this Night'. [the Letter is torn in this place, and here's something wanting] `Shoulder of Mutton fields, let them `be there by Eleven. Send nobody with them. `Let them be in a Red Coat or Gown.
`P. S. None but them will have it, and `they must bring this Letter, I shall drop it `first and so let them the Money.
At 11 a Clock I and the Prisoner, with some of my Friends, went to the Shoulder of Mutton-fields: but not caring to venture the 10 Guineas, before I saw some probability of getting the Goods, we waited at some distance, and sent the Prisoner without the Money, to see if the Man was there, and brought the Goods. He went, and return'd in a little time, and said to us; I have met the Man, and he ask'd me if I had brought the Money. I told him no, for my Master was afraid he had not got the Things. He told me that he had, and put the Top of the Tweezer Case in my Hand, and jingled the other things in his Pocket; and then he bid me come to morrow Night at the same Hour, and bring the Money, but let nobody come with me. So we returned home, and went again the next Night: but having some suspicion of the Prisoner, I sent two of my Friends, a little before, (without the Prisoner's knowledge) to watch if any body came to him. But neither of them are here. For one of them can't speak English, and the other (Mr. Costeau ) is now a Prisoner in the Fleet. We took Arms with us; but when we came to the Field, the Prisoner pretended to be afraid, and desir'd to have a Brace of Pistols. I let him have one, and bid him fire it off if the Man went to take the Money from him without delivering the Goods. So giving him the 10 Guineas, he went towards the appointed part of the Field, and we lay perdue. In a quarter of an Hour we heard the Pistol fir'd; upon which we ran towards the Place, and saw the Prisoner struggling with a Man. I took that Man to be the Thief, and was going to shoot him, but was afraid of killing the Prisoner. But when I came quite up to them, I found that Man was my Friend Costeau. We searched the Prisoner, and found a Guinea in his Pocket, he said the Man gave it him in goodwill. I ask'd him why he fir'd then? and he answer'd, because he saw 2 Men coming along. I ask'd him what he had done with the other 9? He said he had given them to the Man for the Goods. Mr. Costeau said, that no Man came to the Prisoner.
Court. You should have brought Mr Costeau hither by a Habea Crpus.
E. M. I have been at a considerable Charge already about this Affair - we went to the Salmon and Ball, and I told the Prisoner I suspected he had hid the Money in the Bank. He said, Do you think I would serve you so? But three of the Company took Links, and went back to see if they could find it. While they were gone the Prisoner call'd me aside, and said it was Necessity that drove him to do what he had done, and beg'd that I would not prosecute him; for if I did, he was ruined. I told him, his best way would be, to make a plain Confession; and then he own'd he had hid 9 Guineas in the Bank. Upon this we went out, and met the three Men coming back with their Links. The Prisoner desir'd the Links might be put out, or keep at a distance, and so he went to the Place in the Dark, and went into the Ditch, and brought out the Money.
Prisoner. Did not I describe the Man to be in a Lac'd hat and a Great-coat.
E. M. Yes; the first Night.
P. And the second Night, I told you which way he went, and that he was not gone 20 Yards off when you came up to me.
Mr. Dutems. I am a Jeweller, and Goldsmith. My Lord Harvey gave me a Family-Box to fit up. Mr. Manisire had it from me, and after sometime, he told me, it was lost. We advertised it; and the same Evening I received the Letter that was produced in Court. I sent my Servant with it to Mr. Manisire: But his Servant (the Prisoner) came, and told me his Master was not at home. I sent them both back to look for him, and at last they found him. We thought it was not
Isaac Dubois . I went with the Rest to the Field. When we came near the Place, we sent the Boy (the Prisoner) before, and then we laid down on the Grass - It was about the middle of the Field. He went about half a Field's length, and returned in 6 or 7 Minutes. When he came to where we lay, he started, and said, O is it you? I have met my Chap; he was very civil, and said, young Man be civil to me, and I'll be civil to you It was not a foggy Night; for as we lay down, we could see the Hedges at a reasonable Distance: But we saw Nobody but the Prisoner. - The next Night, Mr Costeau and another Frenchman went beforehand to hide themselves in a Ditch, and we follow'd - We came to an Alehouse, and mark'd some of the Guineas unknown to the Prisoner, and then wrapt them in a Paper, and put them into his Stock, and so set forward. He told us we might go 2 or 3 Fields farther, till we came to the Bridge. I had one pair of Pistols, and his Master had another. I lent the Prisoner one of mine, and he went towards the Place, which was about 60 Yards off. He fired his Pistol, and we ran up. At first we scarce knew Friends from Foes. Mr. Costeau had got hold of the Prisoner, and said, Aye, you are the Thief. Says the Prisoner, I have got the Things, and the Man is gone over the Bar-gate that way. I follow'd, but it was Knee deep, and I could go no farther; and so we return'd to the Salmon and Ball. I was one of the 3 who first went back from thence, to look for the Money. And as we returned, the second Time towards the Alehouse, we met the Prisoner and the rest of our Company. Somebody said, the Prisoner had confest, and was going to fetch the Money; but he would have the Links put out, and so they were. Then he would do nothing before me and Mr. Costeau; upon which we staid at a little Distance, and the Prisoner went into the Ditch, where he hid himself. His Master call'd to us, Hist! Hist, we came forward, and he said, he believ'd he was gone. We call'd the Prisoner, but he would not answer; but at last his Master tumbled over him. Then the Prisoner said, he must have a Link, and I went back to the Ale-house and brought one. At my Return, Mr. Manisire shew'd me the Money, and I knew it to be the same by the Marks.
Peter Hiles . At 9 at Night, my Master told me he had received a Letter, and sent me with it to the Prisoner's Master; but he was not at home. I told the Prisoner, the Thief was found, and he must meet him in the Shoulder of Mutton-Fields. He said, he would not venture his Life for his Master, nor never a Man in the World - At last he found his Master - I went with them that Night to the Salmon and Ball, and thence over 3 or 4 Fields; the Prisoner went before, and we lay down in the middle of the Field. He soon returned, and said it was no Bite, for he had met his Chap, who had shewn him the Top of the Tweezer-case, and chinked the rest of the Things in his Pocket. When I first came to the Place, says he, I walk'd about, and the Man came out of the Ditch, and walked about too; and then he said, young Man do me no Harm, and I'll do you none. Next Night we went again, and the Prisoner went a Field or 2 before us; and then he returned, and said, He was afraid, and desired us to come nearer, which we did; and he went forward again. In a little time he whistled, and fired a Pistol; upon which we all ran up, and a Man met me, and clapt a Pistol to my Breast. He did not know me in the dark, nor I him, till he spoke, and then I found he was one of the Frenchmen who went before hand to watch the Prisoner. Coming all into the Shoulder of Mutton-Path, Mr. Manisire searched the Prisoner, and found a Guinea in his Pocket; and when we came to the Salmon and Ball, we agreed to be searched all round, that no Exceptions might be taken, by searching some, and not others. After the Search, 3 of the Company would go back with Links, to see if the Prisoner had hid no Money in the Bank; and while they were gone, the Prisoner call'd his
Prisoner. The Things were lost on Friday Morning. I advis'd my Master to get some Bills printed for the stopping them. He did not approve of this, but advertised them on the Monday following, and the same Evening Mr. Dutems receiv'd a Letter, to send me or the Girl to meet the Man in the Field. I went with my Master and several others; but they stopt on this side the Place appointed, and sent me forward. When I had walk'd about for 2 or 3 Minutes, a tall thin Man in a laced Hat call'd to me, and said, I believe you are the young Man - have you brought the Money? No, says I. Why so? says he. Because, says I, my Master is afraid you have not got the Goods. Yes, but I have, says he, for here they be; and with that he put a Part of them in my Hand, and bid me come next Night and bring the Money, and be sure to come alone. So I went back to my Master, and we all went home, and came again next Night. My Master proposed, that I should give the Thief 10 Counters instead of Guineas; but I was afraid the Thief would discover the Cheat, and so my Life would be in Danger, and therefore I would not undertake it. Then my Master gave me ten Guineas: But as I went along, I began to consider, that my Master would be very glad to save his ten Guineas, and so I hid 9 Guineas in the Bank, and gave the Thief 10 Counters, and he return'd me one for my Civility.
Court. Was any Counters found upon the Prisoner when he was search'd.
Mr. Dubois. I found no Counters about him.
Mr. Manisire. Nor I, and yet we searched him every where; all his Pockets, his Coat, Shoes and Stockings, after we had found one Guinea, in hopes of finding the Rest.
Court. The Prisoner gives a good Reason for refusing to impose the Counters upon the Thief, for he says, he was afraid of a Discovery; and this appears natural; but it's by no means natural to suppose, that this Terror should vanish, and his Mind should change so suddenly. And it's very unaccountable, that he should hide only 9 Guineas in the Bank: If he did it for Security, why did he not hide all the 10? And if he intended to return the Money to his Master, why did he so long conceal where it was, and pretend he had given it to the Thief?
Prisoner. When I had concluded to impose upon the Thief, by giving him Counters instead of Guineas for the Goods, I confess, that, having such an Opportunity, I did design afterwards to defraud my Master of the Money, and therefore I put one Guinea in my Pocket, to make believe, that I had really given the Thief the Money, (tho' I gave him only the Counters) and that he had return'd me that Guinea for my Trouble.
Mr. Bowen. The Prisoner was my Scholar, I have known him 4 Years. I taught him Writing and Arithmetick, and he always behaved very well and deservingly.
Juryman. Pray my Lord let the School-master see the Letter.
Mr. Bowen. I don't take this to be his Writing. 'T is nothing like what he wrote when he was with me.
Court. No doubt but a Person would disguise his Hand on such an Occasion; but sure you can distinguish betwixt a natural and a feign'd Hand - Do you think this is natural?
Mr. Bowen. I can't say as to that.
A great many Witnesses appear'd to the Prisoner's Reputation, and gave him a very good Character.
Court. To Mr. Manisire. Did you ever propose to deliver the Counters to the Prisoner.
Mr. Manisire. No; I did not, but some such Thing was mentioned.
Mr. Dubois. It was I who propos'd it, upon which the Prisoner said, he would not go for the World. Then said his Master; well, give him 10 Guineas. Pray don't go to deceive me now, says the Prisoner, for it may be of very ill Consequence.
The Jury found him Guilty to the value of 39 s.
Charles Westridge . Last Tuesday Night, I made fast the Window-shutters of Mr. Bothomly's House - 'tis a Corner House in King-street in St. Ann's Westminster ; and at a little past 1 on Wednesday Morning, I heard something rattle as I lay a Bed. I call'd out, Who's there? But Nobody answer'd - At 3 o' Clock the Watchman came by. I call'd to him, and bid him see if the Window-shutters next King-street were shut - He said, Yes, but the Bar was down, and the Pin was in the Window. Then lighting a Candle, I found the Shutters close, but the Sash within was thrown up. We searched in the Wash-house below Stairs, and looking up the Chimney, there stood the Prisoner upon a Wooden-perch. Here's the Thief, says I, stay Watchman and I'll call more help. So I got 2 more Watchmen, and carried the Prisoner to the Watch-house, where this Window-Curtain was found upon him - He had liv'd a Servant in the House, about 17 Days before. He had seven Shillings a Week and his Diet, as I have now. He said he got in, to get some Victuals, and took the Curtain to wrap it in. I told him, he knew my Master kept no Victuals in the House, but order'd all to be given away - I had key'd the Pin of the Window my self, when I went to Bed; but the Spring of the Key was broke, so that in turning the Pin round, the Key dropt out.
- Denton, Watchman. Mr. Westridge call'd me, to see if the Window was fast; I told him the Bar was down. He let me in. I saw the Sash was quite up. In the Wash-house Chimney, we found the Prisoner with his Shoes down at the Heels. He said, he was a Fool for coming there.
Ralph Reneau . I was call'd at 3, and found the Prisoner standing on a Bar 5 or 6 Foot up the Chimney. He cry'd out, and desired we'd let him come down; and then he said he'd tell us how he came there. So when he was got down he told us, he was a Fool and only came to get some Victuals.
Another Watchman deposed to the same Effect.
Prisoner. I own I was in the House, but the Sash was lifted up before.
Juryman. Does the Pin go thro' the Shutter?
Westridge. No; the Shutters are fastned with a Bar, and the Pin goes thro' the Bar and Jamb of the Window. So that he could put the Pin in the hole, and then go in, and pull the Shutters close after him.
The Jury found him Guilty . Death .
Thomas Page , Esq; the Sum of 10 l. 8 s. in full of all Demands by me George Copeland; with an Intent to defraud George Copeland , and did forge and counterfeit, and cause to be forged and counterfeited, the said Receipt, with an Intent to defraud Thomas Page , Esq ; and that he did publish the said forg'd and counterfeit Receipt, knowing it to be forg'd and counterfeit, with an Intent to defraud George Copeland ; and did publish the said forged and counterfeit Receipt, knowing it to be such, with an Intent to defraud Thomas Page , Esq ;
He was a 2d time indicted for forging and counterfeiting, and causing to be forg'd and counterfeited, a Receipt for 17 l. 8 s. in these Words, July 20. 1732. Receiv'd of Thomas Page 27 l. 8 s. in full of all Accounts by me William Brown; with an Intent to defraud William Brown , and Thomas Page , Esq; and did utter the same as a true Receipt, knowing it to be forg'd and counterfeited, with the same Intent ; August 22. 1732.
Council. Was Brown present when you did it?
Court. When was it done?
Wells. It's so long ago that I have forgot the time; but it was the same Day as it is dated.
Court. Where was it done?
Wells. In Bond-street.
Court. How came you to do it?
Wells. The Prisoner was Cook to Thomas Page Esq; and used to buy Provisions for the Family. He came to me one Day, and said, he had been to pay Mr. Brown the Butcher 27 l. 8 s. But Mr. Brown not being at home, he had paid his Wife, but had taken no Receipt, because she could not write. And he said, his Lady was going out of Town, and he was oblig'd to settle his Accounts before she went, and therefore he desired me to write a Receipt in Mr. Brown's Name; which I did, not doubting but he had paid the Money, because he was a Man that bore a very good Character.
Then the Receipt was read in Court.
Court. Is there any Similitude?
Copeland. Yes a great deal; for it is not all like his Writing.
Then the Receipt was read.
Then the Confession was read.
In this Confession, dated March 29. 1734- besides the 2 Receipts in the Indictment, He acknowledged he procur'd a Receipt sign'd with the Name of Tho Harris , for 9 l. 6 s. Another for 10 l. 9 s. and 8 d. sign'd Sarah Copeland , and another for 28 l. 4 s. and 3 d. sign'd William Brown , to be forg'd, that he deliver'd to Mrs. Page as true Receipts; that the Money was never paid to, nor the Receipts sign'd by the Persons whose Names are subscrib'd thereto. That Thomas Wells , wrote 2 of these 5, and that John Hanford , wrote
Court, to Wells. Have a Care for the future how you write Receipts in other Persons Names.
Prisoner. I am very sorry for what I have done. When I first began, I had no Intent of wronging my Master - It was done foolishly, and for want of Thought. I had been extravagant, and could not settle my Accounts; but I was in hopes of making it up before I was discover'd - But I cannot excuse my self - I might have done well if I would - My Master and Lady were like a Father and Mother to me, and the more is my Guilt, in making such ungrateful Returns for their Goodness - I hope my Misfortunes may be a Warning to all others - I know not what to say - I beg for Mercy - And if I live, I hope God will assist me to live better, and to make some Amends for my past Offences.
The Jury found him Guilty . Death .
22. Mercy Hornby , of Stoke-Newington , was indicted for the Murther of her Female bastard Infant, by casting it alive into a Privy, by which Casting it receiv'd one mortal Bruise on the left side of the Head, of which mortal Bruise it instantly dy'd , March 15 .
She was a second Time indicted on the Coroner's Inquest for the said Murther.
Elizabeth Husk . Friday Morning was 5 Weeks, about 9 o' Clock, I met Mrs Pain, who said she was going to see the Prisoner at Stoke-Newington. An Hour afterwards, I saw Mrs Pain again, and she said the Prisoner was very bad; so I went to see the Prisoner. She was sitting up in her Bed, and I asked her how she did? She said, very bad at her Head and Stomach. When I came down, I asked Mrs Pain if she had seen nothing? For the Kitchen was in Disorder, and had been wash'd and sanded, and there was a Bloody-apron. She said she had seen something, and that the Prisoner had thrown something down the Vault. I stept over the Way, (for I live opposite to where the Prisoner lives) and told my Mistress. She bid me light a Candle, and look in the Vault. I did, and saw a Child there; but I was so frighted, that I could not take much notice. I sent for help to take it out, and then I saw only a little Blood on the Head of it. It was a Female, and seem'd to be new born.
Court. Did you observe the Navel, or any thing about it, belonging to a new born Child?
E. H. No. It was filthy with the Soil of the Privy.
Prisoner. Was it a Stone Kitchen?
E. H. No. A boarded Floor?
Prisoner. Was I alone, or was any of the Family in the House?
E. H. I don't know - I saw none but you when I first came.
Prisoner. Was the Child cover'd in the Vault?
E. H. No. It lay clear.
Prisoner. How deep was the Vault?
E. H. I don't know.
Prisoner. Was it a slight Bruise on the side of the Head, or a large one?
E. H. I did not search - A Midwife was sent for after the Child was found; but she did not come till next Day.
Margaret Pain . The Prisoner sent for me by a Neighbour's Girl between 9 and 10 in the Morning. She let me into the Kitchen her self. I ask'd what ail'd her? She said, she was not very well, nor had not been well since Whitsuntide : That she had been very bad that Morning, and had been at the Vault; but was now something better, and could eat a little Water gruel. I made her some, and then she went to Bed, and bid me lock the outer Door, and take the Key. There was Nobody else in the House - The Kitchen was a little out of Order; I saw it had been mopp'd up, but I saw no foul Clothes. We did not let her know that the Child was found, till her Master and Mistress came down, and that was between 3 and 4 in the Afternoon. And then I asked her how she came to do so? And she said, the Devil prompted her.
Prisoner. What did you understand I meant by saying so? - That I carried it to the Place, or that I murder'd it?
M. P. I don't know what you meant.
Prisoner. Might not that come by a Fall at it's Birth?
M. F. I can't say that.
Prisoner. Did not you take some Child-Bed-Linnen out of my Trunk.
M. F. Yes; a Shirt, a Blanket, and a Night-Cap, a Biggin, and a long Stay; but these I did not see till Monday, and it's much to be fear'd, that you did not put them there; for indeed I was inform'd they were borrow'd of a Neighbour.
Court. That's no Evidence - You must not swear what you heard, but only what you know.
Mr. Coulson, Surgeon. I found a large Contusion on the side of the Child's-head, which I believe was the Cause of it's Death. The Bruise might happen by the Child's falling from her, for a Child falls with a prodigious force.
Thomas Pain . I built the Vault not long ago, and was sent for, to take the Child out; but it was taken out by Mr. Jordan. The Vault is but 6 Foot deep, and the Depth of the Soil was not above 3 Inches, or 3 and a half. The Breadth of the Seat is 22 Inches; there is no Cross-bars within. The Back of it lies open, and the Bottom is not paved, but is a soft Sand.
Prisoner. Could the Child receive such a Bruise as to kill it, by falling down that way.
Surgeon. - I think not.
John Jourdan . The Child lay upon its back, and did not seem to be daub'd at all. I got a Ladder, and went down 4 or 5 Rounds, and try'd to take it with a Rake; but when I had raised it 2 or 3 foot, it fell down again, and that daub'd it pretty much. There was a Bruise and some Blood about it's Head, but the Skin was not broke.
Prisoner. I was taken very bad in Bed, between 5 and 6 in the Morning. I came down Stairs, and call'd for help as well as I could, but there was Nobody else in the House. The next Door was an Ale-house, and a Noise being there, I believe they could not hear me. And being violent ill, and in great Extremity of Pain, I was deliver'd in the Kitchen. I never saw the Child move, nor never laid Hands on it; but it got that Bruise on the Head by falling from me, and then in a fright I took it up and carried it to the Vault.
Court. Read the Statute the 21st of K. James the I. Chap. 27.
Clerk Reads . Whereas many lewd Women, that have been deliver'd of bastard Children, to avoid their Shame, and to escape Punishment, do secretly bury or conceal the Death of their Children, and after, if the Child be found Dead, the said Women do alledge, that the said Child was born Dead; whereas it falleth out sometimes (although hardly it is to be proved) that the said Child or Children were murther'd by the said Women, their lewd Mothers, or by their Assent or Procurement:
For the preventing therefore of this great Mischief, be it enacted by the Authority of this present Parliament, That if any Woman, after one Month next ensuing the End of this Session of Parliament, be deliver'd of any issue of her Body, Male or Female, which being born alive should, by the Laws of this Realm, be a Bastard, and that she endeavour privately, either by drowning or secret burying thereof, or any other way, either by herself or the procuring of others, so to conceal the Death thereof, as that it may not come to Light, whether it were born alive or not, but be conceal'd. In every such case, the said Mother so offending shall suffer Death as in Cases of Murder, except such Mother can make proof, by one Witness at least, that the Child (whose Death was by her so intended to be conceal'd) was born dead ?
The Jury found her Guilty . Death .
23, 24. Thomas Guy , was indicted with Thomas Tiller , not yet taken, for the Murder of William Harbor , by casting him to the Ground, striking, and kicking him there by giving him several mortal Bruises, April 16 , of which he languish'd till April 18th, and then dyed
He was a second time indicted on the Coroner's Inquest for Manslaughter.
Thomas Tiller , got drunk, and meeting with the Deceas'd as he came from Windsor , they quarrel'd and went to fighting; the Prisoner riding by accidentally, got off his Horse, to part them. He told the Deceas'd that he used foul play, and than gave him 2 or 3 knocks. The Deceased dyed in 2 days. Two Surgeons swore, that upon inspecting his Body they believ'd he dyed of the Cholick, and his Widow, depos'd that he never had the Cholick in his Life. The Prisoner had the Character of a civil, peaceable Man, and the Jury acquitted him.
28 John Green , was indicted for stealing 4 Gold Rings, a Silver Ring, a Silver Spoon, a pair of Silver Studds, and 5 Guineas and a half, and 25 s. the Goods and Money of Wm Bennet , in his House , March the 11th .
William Bennet . The Prisoner was my Servant . He ran away on Monday Night, and next Morning I found my Drawers broke, and mist my Goods and Money. Mr Smith a Poulterer sent his Prentice with me to look for him, and we found him at a Brandy House the corner of Coulstan's Court in Drury-Lane. I found a Silver Spoon upon him, and the Box the Rings were in, but the Rings were gone. This Ring I had from Ann Young , the Woman at the Baudy-house, where we took him. She said, he had made her a Present of it, but as it was a Robbery, I was welcome to it again. I subpaena'd her Sister, but She has not thought fit to come. He said he had pawn'd one Ring in Hemings's Row, and had given 2 more to another Whore at a Bawdy-house in Princes-street; but we could not find her out. He had got 6 s. and 2 pence halfpenny left of all the Money that he robb'd me of, and I bid him keep that, for it might be of Service to him - He confessed that he broke one Lock, and took out my Goods and Money.
Derrick Scarsborough , gave the same Account of taking the Priso. and his Confession adding, That the Prisoner said, that after he, had robb'd his Master he took Coach, and threw the Money about to the Mob in the Streets.
Elizabeth Hall . My Name is Swain, but they mistook my Name in the Subpoena, my Master is a Poulterer in Clare-Market. The Prisoner came to our House in a Coach, I think it was about 7 on Monday Night the 11th of April [March.] He had then 4 Guineas and a half, and 9 s. in Silver, and I saw the Rings and put them on my Finger. He was very much fuddled, and my Mistress desir'd he might be taken away, she did not care to have drunken Fellows in the House. The Prisoner had liv'd with Esq; Lutty, and Esq; Varney, and Esq; Hoare, and had always behav'd very well.
Thomas French . I live with Mr. Smith, the Poulterer. The Prisoner came to our House in a Coach, and Mr. Gambier's Man of Lincolns-Inn desir'd my Mistress to let him be there. So they drove to Mr. Gambier's Stables in Portugal Row which is over-against our Shop, and then the Prisoner got out, and came into our Kitchen.
Prisoner. I hope you'l consider me. I was in Liquor when I commited this Fact, and it was the first that ever I did.
The Jury found him Guilty . Death .
33. Mary Marlow , alias Marling , was indicted for stealing a Silk Wastcoat trimm'd with Silver, a Silk Pair of Breeches, 9 yards of Callimanco, 5 yards of Linnen, and 2 yards of Lace , the Goods of Edward Trickson , March 25 . Guilty .
Jane Cardwell . 2 Months ago I call'd at Mrs. Finchliff's. She keeps a Brandy-Shop behind Pouls, and Sarah Hoare was with me, and there was the Prisoner. She threw a Glass of Gin in my Face, and fell upon me, and beat me, and tore all my Things to Pieces, and threw me down, and took me by the Ears, and beat my Head against the Ground, and I cry'd out Murder 40 times, and nobody came to help me, and I lost my Senses and my Ear-Rings; but I don't say that she took 'em designedly, nor when she took 'em, nor whether she took 'em or no; but I had 'em when she laid, me down, and I mist 'em when my Friend took me up; and here's my Ears, and you may see the Marks where it was split down when she tore my Ear-rings away; and she had no Occasion to serve me so, for I ne'er set Eyes on her before that Night. But howsomever I believe the Gentlewoman might be in Liquor, and out of her right Senses - and after that she kept out of the Way, and Sarah Hoare took her at the Dog Tavern in Ludgate-street, where She had got a Fellow with her.
Sarah Hoare . It was true the Priso. fell upon her, and threw a Glass of Gin, in her Face, and cut her Face and her Neck with the Glass, and said, Damn the Bitch, let her take that, till more comes, and tore her Hat with her Teeth, thus - you may see plain enough what a Condition it's in. I thought in my Conscience she had kill'd the Girl, but I lent her a Hand up, and her left Ear was tore down, and it was all bloody; and I saw it that Night as soon as we came to our Senses again; and, says I, Jenny, your Ear is all bloody, and she said she had lost her Ear rings, and so she had; but I can't think neither that the Gentlewoman did it with a design to rob her.
Prisoner. Had she any Surgeon to cure her Wounds?
Hoare. No. - But there's a Scar still to be seen in her left Ear - Do but look Sir - Turn your Head about Jenny - See here now, is not this a Scar?
Juryman. Here is a little Scar indeed
Prisoner. That's because her Ear rings were Brass, and they fester'd her Ears.
Cardwell. Brass, Madam? Brass? I'd have you to know they were right good Silver, tho' I say it.
Cardwell. They were wash'd over with Gold, and they cost 7 s. 6 d.
Court. They are laid to be Gold in the Indictment, and therefore the Prisoner must be acquitted.
And the Jury acquitted her.
Anthony Malione . I vas coming home from de Post Office, vare I had been to cury some Letter, and I meet vid dat Voman, and she ask a me vare I vas going, and I sav Home. Home? She say, vare you live ? So I tell her vare I live. Vell, she say, she was going dat vay too, and she will go vid me. So ve come to a sort of a Lane - I tink da call it de Birt-in-Hand-Alley , and I tell her, dat is not my vay home. Den she make a stop, and begin to tell me her Nonsence, and ask a me for some Money. I tell her, I ave no Money, but some ha' Pence. Vell, she say, give a me dat for good luck. So I feel for mine Vash vonce and twice, and it vas in mine Pockate; den I feel again, and it vas gone. Vat you do vid mine Vash? I say. Vy, she said, she ave got no Vash, and she know noting of it.
Den she fall down, and I begin to feel about her, and she cry Murder; and I call de Vash, but no Vash come. So I pull her into de Street, and 2 Vashmans come and carry her to the Vash-house, and I tell de Coonstauble to do me Shustice, for I vas a Stranzyer: But de Coonstauble vood no sarsh her, but he send her to de Coontaur, and de next Morning she was carry before Sir Rishard Brocass.
Prisoner. I have nothing to say to the Fellow, I never saw him before - But I had been to the Post-house with a Letter to my Husband, and going back, he catch'd hold of my Apron, and said, I was the Woman. What do you mean Fellow? says I. Go about your Master's Business. Where's the Watch? The Watch? Says he. I thought he had call'd the Watch; but I could not think for what. And 2 Watchmen came, and carried me to the Watch house, where I was search'd all over.
David Jones . I am Watchman of Cheap-side, and all as I know is, that I know nothing of the Man, for I never saw him till after he was brought to the Watch-house; and I did not see the Woman at all, for she was sent to the Compter, before I came to the Watch-house. But I am possible she was never search'd at the Watch-house.
Court. How can you be sure of that, when you did not see her?
Jones. I am very sure of it, for my Brother Watchman told me so.
The Jury Acquitted her.
Mr. Kendrick. On the 28th of February, I lost a Pair of silver Candlesticks out of my House in George-Yard Lombard-street . I enquired who had been there that Day, and was told, that the Prisoner had been to visit one of my Servants. I sent for her next Morning, and took her and my Servant with some others before Sir Edward Bellamy to be sworn, and the Prisoner was as ready to swear as any of them. But Sir Edward said he suspected her, and advised us to search her Lodgings, and my Servant went, and found the Candlesticks there; but the Crest was taken out as nicely as if it had been done by a Silversmith. I went to see her in the New Jail in Southwark, and she confest the Fact, and said that she took the Crest out her self with the Scissars.
Jeremy Amat . The Prisoner came to my Fellow-Servant. She went away about 5, and about 7 the Candlesticks were miss'd. Next Morning I fetch'd her from her Lodgings in Vine-Yard in Southwark, and we all went before Sir Edward Bellamy to be sworn. Sir Edward advised us to search her Lodgings, and I and 2 more went. Mrs. Lee her Landlady produced them in 5 Minutes; and then we went before Justice Nichols. The Prisoner was committed to the New-Jail, where she confest to me and my Fellow-Servant, that she put the Candlesticks in her Gown, one in each side, and pin'd them up; and that she took out the Crest the same Night with her Scissars.
Mary Sawyer . These are the Candlesticks - The Prisoner came to see me between 4 and 5 in the Afternoon. She staid but a little while, and about 7 they were miss'd. I went to her Lodgings next Morning; and she came readily, and 6 of us went before Sir Edward, and took our Oaths - ThenJane Howland (who lodg'd with the Prisoner) beckon'd me down, and asked if any thing was lost? I said, Yes; a pair of Silver Candlesticks - Then follow me, says she, and going with her, we met Mrs. Lee, with the Candlesticks under her Apron - and she told me the Name was scratch'd out. I said to the Prisoner, Mary, how could you do so? She made no Answer, but when she came before the Justice, she own'd that she took them, and eras'd the Crest.
Jane Lee . The Prisoner lodg'd five Weeks at my House, and behav'd well. On the 1st of March about Noon, I went to make my Bed, and found the Candlesticks under. I was surpriz'd, and ask'd my Husband and Jane Howland if they knew how they came? They said, No. I desir'd my Husband to ask Advice about it, and I produced the Candlesticks in the open Yard, before Mr. Kendrick sent to search for them.
The Jury found her Guilty to the value of 39 s.
43. Charles Taylor , was indicted for that he, after the 29th of June 1720. did feloniously, wilfully, and maliciously, assault Catherine Murphey , Spinster, and cut, spoil, and deface her Cloak , March 23 .
Catherine Murphey . About 10 at Night, as I and this Woman ( Elizabeth Dugard ) were going down Holbourn towards Shoe-Lane, the Prisoner came behind me, and without speaking a Word, took hold of me, and cut my Cloak all to Pieces. I look'd back, and he gave me a Blow on my Nose, and set it a Spinning with Blood. His Wife came next Day and told me, that he did it with a Case-Knife.
Court. Were you acquainted with the Prisoner?
Murphey. Yes; we were well acquainted for 2 or 3 Years. I knew him, and he knew me in a very particular manner - He took up a Knife at my Lodgings, and swore he would be my Death, if I would not maintain him - And another time, he cut this Gown a-cross, intending to cut my Flesh. I can't disown but I have been an unfortunate Woman. And when I had got Money to give him, he'd be pleasant enough; but if I had none, then he would call me all the Bitches in Life, and bid me, turn out, and knock down Men in the Streets, and whatever I could get from other Persons, bring to him, and then I should be welcome; for he did not care what he drove me to - But I design to reform before it's long - Here's the Cloak - You may see how he has hammock'd it - I am sure I was forced to pay for it, for I had borrow'd it to disguise my self, for fear he should know me, and do me some Mischief if he met me.
Prisoner. As I was going home I saw these 2 Women, who are both Women of the Town; and this Mrs. Murphey call'd me Thief and Blackguard-Dog, and said if I did not come to see her as I used to do, she would hang me; and now she has taken me at a Non-plush about this Cloak that was cut, because I won't make it good, and because I won't live with her. When I first fell into her Company, she robb'd me of a Moidore that my Wife work'd hard for. But I was drunk, and she put me to Bed in Magpye-Alley, and I did not know where I was when I waked. And so I got out of Bed, and got a Warrant against her - I am a Butcher by Trade, and I live in Middle-Row in Holbourn; but now I deal in Horses, and I have got a good honest virtuous Wife as lives by Bread, and now she's ready to lye in.
The Jury Acquitted him.
James Chudd , in a Court near the Highway, putting him in Fear, and taking from him a Half-Guinea, and 10 s. 6 d. in Silver, the Money of John Foresee , March 18 .
Court. How old are you?
Court. What do you think will become of you, if you should take a false Oath?
Chudd. I must be burnt in the Flames of Hell fire - I live with Mr. Pilkington at the Dover-Castle Ale-house in Quakers-street in Spittlefields . A Gentleman came to change a Guinea; my Master said he had not Silver enough, and sent me to change it in the Neighbourhood. I went to 3 Places, and could not get it changed; and so I came back again. But my Master bid me go to another Place, and there I changed it for half a Guinea and 10 s. 6 d. in Silver; and as I was going home with it, the Prisoner took me in his Arms just by my Master's Door, and swore, Damn his Blood, he'd cut my Throat, if I did not deliver all my Money. He rumbled in his Pocket to find a Knife. The Money was in my Hand, and he put my Hand into his Mouth and bit it, and some of the Money fell into his Mouth. I cry'd Murder, and Stop Thief, and he was taken by 2 or 3 Men about 100 Yards from my Master's Door. I went up to them, and he said he was innocent. But the Men said, they heard the Money fall, and I pick'd up 6 Pence, and others found more in the Kennel just by him. It was about 11 at Night, and he stopt me; I saw him plainly by the Light of a Lamp.
John Pilkington . My Neighbour came to change a Guinea; but not having Silver enough, sent my Boy to get it changed. He came back without Change, and I sent him again: He had not been gone above 3 or 4 Minutes, when I heard at next Door crying Murder, and Stop Thief.
Court. Whose Guinea was it?
Court. That's not sufficient Evidence. The Case is capable of better; you should have brought him here.
Court. Go then. Let the Prisoner stand by a little.
Foresee comes in.
John Foresee . I went to Mr. Pilkington's to change a Guinea. He sent his Lad out, but the Lad return'd without Change, and so he was sent again. In a short space, we heard a Cry of Murder - Says Mr. Pilkington, that's my Boy's Voice; and so in half a Minute we ran out. We soon came up to the Prisoner, but he said he was innocent. The Boy shew'd me his Hand. I saw the Print of Teeth in it, and it was a little bloody, but not so much as for the Blood to run down. There was some Money found just where the Prisoner stood. One Man found about 7 s. 6 d. and another about 2 s. 6 d. - It was my Guinea that the Boy had to change.
Matthew Baker . Going home with John Quail from my Mother's in Wheeler-street, we past by Pilkington's Door, and being got about 100 yards beyond it, the Boy cry'd Murder and Thieves. We suspected a Robbery and stood up. We heard a Man run, and we saw him when he came within 3 or 4 yards of us, by the light of a Chandler's Shop. So we stopp'd him; he struggled to get loose, and he said he was innocent. But we held him till the Boy came, and then I heard some Money fall. The Boy said, Hold him fast, he has robb'd me of a Guinea We got a Candle from the Chandler's Shop to look for the Money. The Boy picked up 6 pence, and others found in the Kennel about 10 s. in all.
Prisoner. There's a great many Alleys thereabouts, and I told you that it was not I but a Man in Black, who was run down such an Alley; I was following him.
Baker. Yes he said so; but we saw none but he, nor heard any, for the Streets were quite still.
Prisoner. They said they'd stop me whether I was the right Man or no.
Quail. We said no such thing.
Prisoner. I was coming home. It was a rainy dark Night, and I could not see 2 yards before me; And then how could I know the Boy had the Money. My Wife and Friends knowing me to be innocent. went to Mr. Pilkington, and he told them, she'd hang me if it was in his Power; but if she had 40 or 50 l. to give, may be he might be easy.
Ann Stodden . I was at Pilkington's House, and the Prisoner's Wife begg'd him to make things easy; and he ask'd her, if she could make him recompence for the Damage he had receiv'd? he said, Yes, as much as lies in my Power-Can you make up 40 or 50 l.? says he. And she said, No. The Prisoner is my Brother in-Law.
Pilkington. I never said any such thing.
Watchman. The Prisoner was sober, civil, and sedate. When he was carried before the Justice, Pilkington push'd the Boy up, and bid him be brisk.
Mrs. Lucas. He was my Lodger 6 Months, my House was open to him, and I never found nor heard that he was any ways dishonest - This was 4 Months ago, and I have known but little of him since then.
The Jury found him Guilty . Death .
46. was indicted for privately stealing 22 Dozen of Coat Buttons made of silver Wire and Thread, val. 5 l. 22 dozen of Breast-buttons made of silver Wire and Thread val. 40 l. 9 dozen of Coat buttons made of silver Wire and Thread gilt, val. 50 s. 7 dozen of great Buttons made of silver Wire and Thread gilt val. 16 l. the Goods of William Cornthwaite , in his House , Jan. 7 .
William Cornthwaite . I am a Taylor by Trade, and the Prisoner is my Book-keeper , - I allow him 50 l. a year, On Friday-evening March 22. James Trutor , a Button-maker whom I deal with, came to me and said, he believ'd I had a Servant who is a great Rogue. Why so, says I, Because, says, he an old Man offer'd to sell me some Buttons for 3 s. and 6 d. a Dozen, which are worth 7 s. and 6 d. and I believe they were yours, because your Man D - came to me in August last, and shew'd me a Pattern of Buttons, and said, that such an old Man had got a Parcel to sell, and they would come cheap; and the old Man came accordingly, and I bought them. And the old Man coming to Day with more, I began to be suspicious, and so appointed him to come again to Morrow, at 2 a-Clock. This old Man is Thomas Carver , the Prisoner's Father-in-law; he came at the time appointed, and was carry'd before Justice Deveil. I know the Buttons and Bags - Carver said, at first, that he had them from a Shop keeper in Brentford; but he deny'd that again and would not own where he had them, 'till the Prisoner came, and then said, he never saw the Buttons before.
Court. What Carver said of the Prisoner is no Evidence.
Prisoner. Did you ever miss any Buttons? And when?
Mr. Cornthwaite. On this Information I examin'd narrowly, and mist these and other Parcels - Indeed I had suspected the Prisoner some time before. For I had a Box in which I keep nothing but Gold and Silver-lace, and I trusted no body with the Key but the Prisoner. I look'd into this Box one day, and found a Gross of Gold Thread Buttons which I never put there. This made me suspect, that he had a design to carry them off. I ask'd him how they came there. He seem'd confus'd and made me no satisfactory Answer.
Prisoner. Did you ever enquire after what you mist?
Mr. Cornthwaite. Yes; I have often enquir'd of you, but not of my Workmen.
Prisoner. But did you ever tax me with wronging you?
Mr. Cornthwait. No; for tho' I had long been jealous of you, I had no business to let you know it, because I wanted to make a Discovery.
Prisoner. Did you miss that Gross before you found them in the Lace-box ?
Mr. Cornthwaite. I can't say that I did, but when I found them, I knew they were taken
Prisoner. Is not that a Publick Drawer your Shop, where 30 Men are at Work.
Mr. Cornthwaite. Yes; I keep a Quantity there in readiness, if my Men should want any when I am out of the way.
Prisoner. Did not you order me to clear that open Drawer, and put the Buttons in the Lace-box to keep them from Tarnishing.
Mr. Cornthwaite. I have order'd you to that Drawer, but not to put the Buttons the Box
Prisoner. Did not you take a Parcel of French Buttons out, and bid me put them by, and give me some odd Buttons to put into the Drawer?
Mr. Cornthwite. I don't remember any such Circumstance, Mr. D -
James Trutor . I know dis Man de Preeonar, dat he come to me last August, and ay, dat his Friend take some Buttong for a Debt, and he shew me de Pattern, and if I vill buy dem, his Friend dat vas an old Man vill come to Morrow. I ask a him, for vat he no sell dem to him Master. He say as he no care for dat. So dis Old Man came vid 12 Dozen of de Silver Coat Buttong, and 12 Dozen of de Silver Breast, and I give him 30 s. for dem. And he came again vid more de 22 of March; but I bid him come to Morrow, vish he did, and bring 10 Dozen of de Silver Coat, and 10 Dozen of de Silver Breast, and 5 Dozen de Gold Coat, and 5 Dozen de Gold Breast; and den I take him up vid de Coonstauble, and carry him before de Shustice, and dare he say dat he have dem from Brentford - And von Time in October. I bring mine Bill dat came to 24 l. to Mr. Cornthwaite, and de Presonar vas dare alone, and he avize me to put down 8 l. more into de Bill -
Court. You must not proceed thus - 'Tis going into another Fact.
Prisoner. I desire he may be heard as to that, because it will shew the Falsehood of -
Prosecutor. The Prisoner recommended this Man to me, and now he would impeach his Character.
Prisoner. Did I tell you that the Old Man was my Friend?
Prisoner. What are you?
Trutor. A Gold and Silver Buttong Maker. You know dat vary vell - vy you ask me den?
Prisoner to the Prosecutor. Have not you trusted me with 2 or 300 l. at a Time, and particularly when you have been out of Town?
Prosecutor. I may have trusted so much in your Hands, but not when I went out of Town.
Prisoner. Was not I always very sober and industrious.
Prosecutor. Sober you were; but I can't commend your Industry; for you were very heedless, Mr. D -
Prisoner. Might not another Man make such Work.
Varney. I know my own Work in particular.
Prisoner. But have you sold none of the same Sort to other Persons?
Prisoner. Has not my Master told you, that I was a very honest Man?
Varney. I don't remember - but if he did it, it is a good while ago.
Court. That's not Evidence.
Prosecutor. I found some of my Lace on the Prisoner's Wife's Shoes.
Court. That's not in the Indictment - Where is this Old Man Carver?
Prosecutor. I call'd at his Lodging, and was told he was gone in the Country.
Just. Deveil. I took his Inf rmation on Oath, and he sign'd it, and I bound him in 40 l. to appear here and give Evidence.
Prosecutor. I would fain have had him secur'd, and offer'd Mr. De Veil 20,000 l. Security to
Court. Record his Default - It seems to cast a Reflection on the Prisoner, that his Father-in-Law chuses to forfeit 40 l. rather than appear.
Prisoner. I have put my Master in a Method of marking each Piece, and deducting what was cut off, to prevent his Servants from wronging him - He never pretended he had lost any Thing, till I was taken up - I submitted to the low Drudgery of cleaning out his Drawers, with no other Design, than to get an Insight into his Business, which I intended to set up for my Self; and when he heard of it, he shew'd his ill Will in aspersing and bespattering my Character.
Prosecutor. Did you intend to turn Taylor? - My Lord he is not capable of it. He was brought up a Mercer; and I never heard a Word of his having such a Design before he was sent to Newgate-He has endeavour'd to throw an Imputation of Malice upon me; but -
Court. You need not give your self any trouble about that, for he has made no such thing appear.
The Reverend Mr. Morgan. I am desired to appear, and do that Justice to the Prisoner's Character as I believe he deserves. I have known him several Years. All his Acquaintance have represented his Character in a favourable Light. So far as my Station and Function can be supposed to have an Insight into a Man's Character, whom I have had a long Intimacy with, I believe him to be an honest Man, and I believe all his Acquaintance have the same Opinion of him.
Mr. Truby. I served him with Wine when he kept a Coffee-house, and he paid me very honestly.
Mr. Newel. I lived with him at Mr. Langley's on Ludgate-Hill, and he behav'd well there.
Mr. Herbert. He was my Apprentice, and served me 7 Years faithfully. He has been gone from me 7 or 8 Years, and I have heard nothing amiss of him since.
Threeor four Witnesses gave him a good Character. The Jury Acquitted him.
47. William Andrews , was indicted for assaulting Susanna, the Wife of Thomas Cook , in a Field near the Highway, putting her in Fear, and taking from her one Apron, a Handkerchief, a Muslin-hood, and a Cap , April 20 .
And for assaulting Richard Harrison in the same Place, and at the same time, and robbing him of a Hat, a Wig, a Pair of mixt Metal Buckles, a Stock, a steel Stock-Buckle, a Coat, one Guinea, and a Shilling.
The Prisoner in his Defence, call'd several creditable Witnesses, who fully proved that he was at a House in Gray's-Inn-Lane, from between 7 and 8 that Evening, till between 10 and 11, and then went directly home to his own House in Old-street, and that he then had on and constantly wore a dark blue-grey-Coat. The Court was so crouded with Witnesses to his Reputation, by whose Testimonies it appear'd, that he was a Civil, Sober, honest and industrious Man. That he was a Carpenter by Trade, was in good Business, and had several Houses of his own. The Jury Acquitted him.
The Jury found him Guilty of both Indictments, to the value of 39 s. each .
54. John Mayor , was indicted for stealing a Sheep, and a Lamb , the Property of Nathaniel Bellis . He was a second Time indicted with John Cook , not yet taken, for stealing a Sheep , March 23 . Acquitted .
Andrew Kirk . The Prisoner was my Servant , on the 14th of July last she robb'd me while I was abroad at Work, and my Wife was gone to Market. The Rings and Money were lock'd in a Trunk in a little Closet. I saw them there but the Day before; for being to pay some Money, I had told it over. When my Wife return'd from Market, the Prisoner (whom she left to take care of the House) was gone away. This was on a Saturday; and an Alms-man afterwards told me, that he saw such a Creature at a House in Shoreditch. We went to the Place, and heard that she had taken a Coach or a Chaise to Kent on Wednesday; and we pursued, and took her on Thursday, at Badgers-hill in Kent - 'Tis on the other side of Green-hive - I found my 2 Rings upon her, and half a Guinea and 6 d. but the Rings are in the Justice's Hand.
Court. Why did you not bring her here sooner?
Kirk. She was sent to Maidstone-Jail, and there she lay-in - Here's her Confession taken in Writing before Justice Blechingden - It was read over to her twice, and she put her Mark to it voluntarily.
Then her Confession was read. She confest that being scouring at her Master's House, about 10 in the Morning, she took the Key of the Closet where the Victuals was, to get her Breakfast? but seeing the Trunk open, she took out the Money and Rings.
Valentine Pursel. Kirk is a Taylor , and his Wife dresses Victuals for young Men, and so we diet with him - When I came from Work, Mrs. Kirk was wringing her Hands, and said, that she had been to Market, and had left her Money and Rings in a Trunk in the Closet, and had laid the Key on a Shelf hard by, and her Maid (the Prisoner) had found it; and she had robb'd her, and was run away - An old Man came, and said, He saw the Maid in Shoreditch. We went thither, and heard she was gone in a Chaise to Badgers-Mount - The Chaise-man told me where he had laid her down. The People of the House at Badgers-Mount deny'd her; but we happen'd to see her as she was making her Escape out of a Window. She produc'd the Rings, and own'd she took them out of the Prosecutor's Trunk - We were detain'd there from Thursday to Saturday, before we could get a Justice.
Prisoner. I leave it to the Mercy of the Court. I have suffer'd much, and been almost starved in Prison.
The Jury found her Guilty . Death .
The Jury acquitted her of the Burglary, and found her Guilty of the Felony only .
William Paradise , April . Guilty .
62 Nicholas Eales , alias Thomas Rogers , was indicted for a Misdemeanor in sending a malicious Letter to John Reby , threatning to charge him with sodomitical Practices, except he would supply him with one Guinea .
Mr. Tidmarsh. I keep the Fountain. Mr. Waldo, with whom John Reby lives, shew'd me this Letter, and appear'd very much provok'd at it; for he said, he had a very good Opinion of his Servant John Reby , and was resolv'd to prosecute the Fellow who sent the Letter, if he could meet with him, and therefore desir'd me to secure any Person that came about it - The Prisoner came next Day, and enquired for Mr. Reby. I ask'd him if he came about the Letter that was sent the Day before; he said, Yes? I came from the Person who sent it. Do you know him? says I. Yes, says he, very well. Then pray sit down, says I, and I'll send for Reby and his Master. The Prisoner upon that appear'd uneasy, and wanted to withdraw. No, says I, you must stay now. Sure you won't seize me, says he. Indeed but I will, says I. Then he began to turn his Tale, and said, that he did not come directly from the Person who sent the Letter. That he knew him to be a very wicked Fellow, and knew several others of the Gang who had threatned to swear Sodomy against Reby, and therefore he came purely to save the Young Man's Reputation. I told him, if that was the Case, he would do a very commendable thing to discover them. Then Mr. Waldo and Reby came in with my Lord-Mayor's Warrant, and I quitted the Room.
Prisoner. I had receiv'd an Injury from the Person who sent the Letter, and therefore was resolv'd to render Reby all the Service I could. And Mr. Tidmarsh told me, that I should be well rewarded.
Mr. Tidmarsh Yes if you discover'd the Person who sent the Letter; and you said you were well acquainted with him.
Prisoner. But some of you prevented me, by putting it in the News; and then the Fellow ran away - when you ask'd me to sit down, I only said I was going to Leaden hall Market.
Court. Is there any Body can prove, that the Prisoner wrote or sent this Letter?
Mr. Tidmarsh. No, we were a little too hasty in seizing him, before we had made a full Discovery.
Court. 'T is undoubtedly a very heinous Offence, and deserves a severe Punishment. But the greater the Crime is, the clearer the Proof ought to be - If the Letter is not prov'd, it cannot be read in Court.
The Jury acquitted the Prisoner.
Thomas Rowland convicted last: January
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death 7.
Burnt in the Hand 2.
Thomas Rowland convicted last: January and Magaret Bluck .
Transportation 30.Jane Turner , Barbara Williams , John Herring , Barbara Cotterel , Richard Croft , Mary Crisp , Mary Marlow , Mary Williams , Nathaniel Taylor , Hester Howard , Edward Longford , Mary Brace , George Smith , Ann Taylor , John Sturt , Catherine Coe , Bernard Lipscomb King , Ann Evans , and Sarah Delany .
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