Wednesday the 21 st, and Thursday the 22d of July 1736. in the Tenth Year of His MAJESTY's Reign.
Being the Sixth SESSIONS in the Mayoralty of the Right Honourable Sir JOHN WILLIAMS, Knt. Lord-Mayor of the City of LONDON, in the Year 1736.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane.
(Price Six Pence.)
BEFORE the Right Honourable Sir JOHN WILLIAMS , Knt. Lord-Mayor of the City of London; the Hon. Mr. Justice Cummins, the Hon. Mr. Justice Lee, Mr. Serj. Urlin, Deputy Recorder of the City of London; and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and Country of Middlesex.
Edmund Baugh . On Friday Night, July 9, about 10 o'Clock, I was going from the Tavern to my Chambers in the Temple; at the middle Temple Gate the Duchess of Marlborough and Mr. Green were sitting in her Chariot. I stop'd to look at her, and in a very few Minutes, I found my Sword was taken from my side. I don't know the Prisoner, nor can I swear he took it; but missing my Sword, I cry'd out - Sword lost - stop Thief; the Mob set out and run beyond Temple-Bar, I run after them, and the Prisoner was taken at the Ship Tavern. I asked him if he had got my Sword, he said no. Sir, says I, have you given it any Body? No, says he. What made you run away then? He said he did not run away. It was pretty late and we could not find a Magistrate; so I charged a Constable with him, and carried him to the Compter. The next Day I carried him before the Lord Mayor. John Smith will give you farther Evidence.
The Night the Fact was committed, the Dutchess of Marlborough was in her Coach at the middle Temple Gate: I stood by the Prosecutor to see her, and observed the Prisoner draw the Sword from his side, and could have detected him before he had quite drawn it out; but a Man (one of his Gang I suppose) clapp'd me on the Shoulder, and asked me whose Coach that was; I told him whose it was, and before I could turn again, the Prisoner was gone, and the Mob was running after him. He ran thro' the Bar, and was taken at a Chymist's Door, one of the Houses that was burnt down. This was on Friday, July 9. about 10 o'Clock at Night.
Mr. Baugh. I should have told your Lordship, that the Sunday following, I was informed a Person came, while I was at Church, to offer me my Sword again.
Prisoner. Ask Smith, Why he did not tell the Gentleman all this, the Night I was taken?
Mr. Baugh. I did ask, when the Prisoner was taken, if any Body could tell who took my Sword, and Smith only said, he saw the Prisoner run without the Bar; he did not inform me that he saw him take it, 'till next Morning.
Smith. I live by St. George's Church in Southwark, and having so far to go home that Night, I was afraid, if I discovered the whole Matter that Night, that I should be mis-used in my way Home by some of his Gang; this was the Reason I did not tell the Gentleman till next Morning: He laid hold of me at Sir William Billers's Office that Night.
John Oldsworth . My Master is a Haber-dasher , and the Prisoner used the Shop. We suspected her, and counted the Ribbons over, and set the Number on the Box. On the 24th of June, she came for half a yard of 8 penny Ribbon. I served her, and the Minute she was gone, I missed the Ribbon. My fellow Servant ran after her, and brought her back, we searched her; but found nothing upon her.
John Pottinger . My fellow Servant and I had counted the Ribbons over a little before she came into the Shop; the former Witness served her, and the Minute she was gone, he told me, he missed a piece of Ribbon, green Saxe Gotha; and I am positive it was in the Drawer just before. I pursued her, and took her in the Little Minories Gate way, and brought her back; then we got a Constable and carry'd her before a Justice, and at the Bull Head in Bread street, she said, if my Master would be favourable, she would tell us where the Ribbon was, and according to her Directions, we found it hid behind some Shutters, which stand under that Gate-way. I pushed the Shutters, and the Ribbon fell down.
3. Avis Nutton , was indicted for stealing twelve yards of printed Callicoe Borders for Petticoats, value 10 s. and seven yards of Cambrick, value 3 l. 10 s. the Goods of Thomas Wiseham , out of his Shop , April 5 .
Thomas Wiseham. The Prisoner came to my Shop, on Monday, April 5, between 3 and 4 in the Afternoon. I was full of Customers, so she told me she would stay till I had served the Ladies. After they were gone, she came up to the Compter, and said she wanted some printed Borders and printed Linnen; she bid me a Trifle for what I shewed her, and asked me for a little Beer. As she appeared well dress, I took a glass Mug, and went down my self to draw her some Beer; she met me at the Top of the Cellar stairs, drank the Beer and I asked her if she would have any more she curt'sied and said, if I pleased she would. I went down again, and gave her Beer the second time, which she drank, and then went out of the Shop as fast as she could, without buying any thing, but before she went, she told me if I thought she had robbed me I might search her. I told her she appeared to me to be another sort of a Woman. As soon as she was gone I missed the Borders. They are particular Things which none in England have besides myself D - her says I to my Brother, the Bitch has stollen them; I looked out after her, but she was gone.
On Wednesday she came again, I was not at Home, but my Brother came to fetch me Home. Madam, says I, your humble Servant. You are mistaken Sir says she, I have not been at your Shop before, it was my Sister, we are very much alike. She said she wanted half a yard of Linnen, but she had left the Pattern at Home, and would fetch it. Three of us followed her that we might see where she lived, but we lost her. On the Friday the Week following, she came again for some Borders, and two Women were with her, she bid me a Price, which she said she had given me for the same things before. Then she asked me, what was become of the Borders that hung up when she was there before; Madam, says I, I will make you know you have robbed me of them, and sent for a Constable; she fell on her Knees, and begged me for God's Sake not to prosecute her, if I did, I should ruin an honest Man, who had been her Husband sixteen years. Some of my Borders she had sold to Mrs. Drake of Bow, who shew'd me them, and told me, she bought them of Mrs. Nutton.
The Roll I lost came from the Printer's but the Saturday before; the Cambrick was worth 4 l. 10s. - and this I never found.
Mary Toller . I can only say, the Prisoner called to see me once with two Parcels of printed Linnen; that she said, she did not know what she had got, nor the Price; but that she had got those Things for a Debt; and as she did not know what to do with them herself, she would sell them. I took them to be Robeings of Gowns.
Ann Drake . I bought these Borders of the Prisoner, and they are the same that the Constable took out of my House. I had six yards in all, at one shilling a yard, which was the Price she said she gave for them.
Constable. These are the very Things we found at Mrs. Drake's.
Rice Price. I was charged with her when she was taken, she did fall on her Knees, begged he would not prosecute her, and offered to pay what the Things came to.
Several others gave her the Character of an honest reputable Woman. Guilty 4 s. 10 d.
The Proof being insufficient, the Jury acquitted them.
He was a fourth time indicted for stealing a black Gelding, value 10l. the Property of Henry Robertson, September 20
He was a sixth time indicted for stealing a black Gelding, value 7 l. the Property of Henry Robertson, June 22 .
William Thatcher. I lost a black Mare, with grey Hairs in the Flanks, four white Feet, and a large blaze down the Face, from Woolston in Berkshire , 28th of Octob. last: She was taken out of a Common Mead. On the 22d of June 1 found her in the Hands of Francis Wright , a Brewer in Ealing; I swear 'tis the Mare I lost. Mr. Wright bought her of Thomas Haines , and Haines bought her of the Prisoner.
Thomas Haines . I bought this Mare of the Prisoner, about Alhallontide last, and gave him my Note for the Money 8 l. in Grosvenor-street, near Grosvenor square, and I sold her again to Mr. Wright, a Brewer at Ealing, and there the Prosecutor found her. I had her about 4 Months before I sold her.
The Court did not try him upon the other Indictment.
7, 8. Rose Mahon , otherwise Shepperd , and Joseph Shepperd , were indicted, Mahon for stealing a Gold Watch, Seal and Chain, value 20 l. from the Person of Henry Gould ; and Shepperd for receiving the same, knowing them to be stolen , June 28 .
Mahon. Don't say so my Dear, - don't tell that Lye.
Gould. I was pretty merry, and though I never saw her before, I went up one pair of Stairs, at one Mrs. Maxwell's, and says I, I have got no Money to satisfy you; well, well, says she, no matter for that I was not so much in Liquor as she thought me to be; she thought I suppose, I could not miss my Watch.
We went into a Room where there was a Bed, and she fell immediately to opening the Waistband of my Breeches. I asked her what she meant by that? O says she my Dear, nothing, - I will please you, I'll please you; and she picked the Watch out of my Fob, and run down Stairs as fast as she could. I cried out to the Woman below, who was with her Daughters in the Passage to stop her, for I had lost my Watch, but she got off; and I waited in theJoseph Shepperd , and he pretended to be Mahon's Husband. -
Q. Had you ever been at this House before?
Gould. Yes, my Lord, I had been there once before.
Q. What, is it a Publick House?
Gould. No, 'tis not a Publick House; 'tis a House where they keep such Women.
Q. Is it a Bawdy House?
Gould. Yes, my Lord.
Q. And yet you say you have been there before, don't you?
Gould. Yes, once before.
Q. You knew what the House was, yet you must go there.
Gould. I did. So when Shepperd came in, the Woman of the House told him his Wife had done a fine Thing; she has pick'd this Gentleman's Pocket of a Gold Watch; and, says Shepperd, what Business had he with my Wife, I did not meddle with your Wife, says I, only she has been so good as to run away with my Watch; if you'll let me have it again I'll give you half a Guinea. He said, he would go and see if he could find her, and in a little Time he return'd with a Butcher of St. James's Market, and said, she was not to be found; then they went out again, and returned no more that Night.
Mahon. I beg my Lord he may turn his Face to me. I would ask you on the Vertue of your Oath, whether you did not insist upon going up into my Chamber? Whether, as I was standing at the Door you did not ask me what it was a Clock? Whether I did not tell you, it was Time for you to be at Home, and whether you did not say, my Dear I'll not go Home 'till I've seen your Apartment? I told you, I did not live there; you said I did; why, said you, is not this Rosy? I stepp'd up, and he follow'd me.
Gould. My Lord, she ask'd me to go up Stairs.
Council. I would ask you, Sir, whether you never declared to any one, that you gave her the Watch?
Gould. No. I never gave it her, nor did she ever ask for it, she was not so good as to ask me, she took it without asking I thank God I never was in such a Scrape as this before.
Mahon. I desire he may be asked, if he did not tell me he had no more than 9d in his Pocket, and whether he did not give that to my Maid?
Gould. She took the 9 d. herself.
Mahon. But I gave my Maid your 9 d.
Mary Mitchel . I was in the Kitchen at the Red-Lyon Alehouse, in Coventry Court, and in comes Joseph Sheppard; this was the Night the Watch was lost, and he told us, his Rosy had made a Gold Watch; I ask'd him from who; he said from the King's Messenger, and described him: He said, he had blue Grey Cloaths on, white Spatterdashes, and a Whip in his Hand. The Watch he said was very heavy, and would pawn for 14 Spankers.
Mary Maxwell . That Jo. Sheppard took the Lodging in my House in Coventry Court for him and his Wife, and he never lay out of the House 'till this 28th of June; then Sheppard came in while the Gentleman was in my House, and he said, if his Wife had done such a Thing he would cut her Nose off, and that he would go and see for her; but he went up to his Room, and carried off all the Goods.
Council. Had you any Discourse with Mr Gould that Night?
Maxwell. He sat all Night in my Room, we must say something to be sure. As to the Watch, I have nothing to do with it: he told me, she had run away with it. He came to my House about 9 a Clock.
- Council He says it was 10.
Maxwell. God bless me; - then the Bells don't go right about; it must be but 9, because when he cry'd out upon the Stairs, Watch, Watch, I answer'd, what, Watch call'd at 9 a Clock! I know no more on't. - There's the Man, I never saw him before, I told him, it was pity if he wanted a Woman, he did not go to his Wife.
Sarah Maxwell . The Gentleman came running down Stairs with his Breeches in his Hand, and said his Watch was gone; I went to the Nagg's-Head and fetch'd Sheppard home; when he came in, he set his Elbow thus, and said to Mr. Gould, G - D - you Sir, what Concerns have you with my Wife, - pray what did you give her Sir? He said 15 d at first, but afterwards he owned it was but 9 d. Sheppard threatned to sue him, for having something to do with his Wife, and went out, but returned no more.
Gould. This is my Watch I declare.
I was standing at my own Door and this Man came by, what's a Clock my Dear says he? I told him I could not tell. What's this Rosy says he? Yes says I, and smiled, my Lord. My Dear says he, I am just come to Town and have but 9 d. else I would have gone up and drunk with you. Well, says I, come up, and make a Present of that to my Maid, so up he came, and the Maid had the 9d. I sent her out, and then - he said my Dear, trust to my Honour, my Generosity. In the Morning, I'll pay you. I said I did not chuse that, I owe my Landlady 10 s. give me something in lieu, and accordingly he gave me the Watch in my Bed-chamber, to pawn for four Guineas: My Lord, when a Gentleman is in Privacy with any of us Ladies of the Town, and has no Money, he don't care it should be known; I was not willing to let my Servant into the Gentleman's Case. As I hope to be saved, I was to have two Guineas for myself; would you be willing, Sir, a Lady should be guilty in that Way, and to make your Case known to a Servant. The Prisoner Sheppard is an innocent Gentleman. Both acquitted .
13. James English , was indicted for stealing a pair of Shag Breeches, and a Cloth Frock without Sleeves, the Goods of William Seymour , and 4 Pieces of Cloth cut out for a Coat, 4 pieces cut out for a Waistcoat, and other Things, the Goods of George Gordon . Gent . in the House of William Seymour , June 26 .
He was a second Time indicted, for stealing a Cloth Coat, a Woolen Stuff Waistcoat, a silk Waistcoat, a Dimitty Waistcoat and Breeches, a Suit of Sagathy Cloaths, the Goods of Persons unknown. Six Shirts, two pair of Worsted Stockings, six Handkerchiefs, two silk Gowns, two linnen Gowns, and other Things, the Goods of Robert Wilson , in the House of Rebecca Burton , June 26 .
William Seymour. I am a Taylor ; and the Prisoner was my Journey-man . The Things mentioned in the Indictment, I lost on the 26th of June. I had cut out a Suit for Mr. Gordon, and delivered it to the Prisoner to finish, and went out about some Business, and when I came Home again, English was gone out; I went to look for him, that my Work might be finish'd in Time, but could not find him. I returned Home, and my Wife told me my Man was come to work again. I went up Stairs into my Work Room, and my other Man told me that English had carried out the Cloaths he was about. On Saturday Morning he sent me Word where the Goods were pawn'd: I got a Search-Warrant, and found all the Things at Mr. Yarp's in Hounsditch; and took the Prisoner at Globe-Stairs by Ratcliffe-Cross, and carried him before Justice Priestly, where he owned he took the Things.
Ebenezer Brown . I went with a Search-Warrant to the House where Wilson said I might find the Prisoner, and there we found a Chest which he and another Man had brought, but they were gone to the other side of the Water: Wilson's Wife was with them, and they were all going to New-England together. We went over the Water and took them; and before the Justice he owned he took the Goods for Money that the Prosecutor owed him, and the Justice committed him.
Prisoner. My Master owed me 20 s. for Wages, and I could not get the Money; I thought it hard as I was going to Boston, to leave so much Money behind me, so I pawn'd these Things and sent him Word next Day where they were. I have not any Witnesses, for I gave all my Money to one Mac - something, a Newgate Solicitor, to manage my Cause, and he is run away with the Money and has done nothing.
Edward Costecan , had employed and entrusted the Prisoner, and took him to be an honest Man. Acquitted .
Robert Wilson . The 24th of June I had been out, and when I returned I found Seymour standing at my Door; he told me he was robb'd by these Irish Villains, and bid me see if I had not been robb'd too. I went up Stairs and found my Door fast, but he perswaded me to break it open, (for my Wife had carried away the Key) and we did so, and found the Things all gone, and my Wife too The Things mentioned in the Indictment, were in a Chest, and were brought some Time before, as a Pledge for four Guineas which my Wife had made me lend the Prisoner. We had heard of their Design of running away together to New England, so we went to the New England Coffee-House and got Intelligence where to take them there we found the Chest, but they were gone over the Water: We got a Waterman who said he'd give us leave to crop him if he did not take them; we followed his Advice, and took them, but the Justice let two of them go. He own'd the Chest was in his Custody, but he said he did not take it out of my Room.
Prisoner. That very Day, he had sold his Wife at the George on Tower Hill, for a Pot of Beer, to the Man she ran away with, and I was present. He half starved her, and turned her out of Doors, so we agreed to go to New England, and she took her Cloaths with her, and this Chest of mine that was at their House; for the Man she ran away with, was a Friend of mine. He swore the Robbery against his Wife.
Wilson. I did not. The Lord above knows where my Wife is: I'm sure I don't; she is run away with t'other Irishman. Acquitted .
Charles Austin . The Prisoner came to my Shop for a Bit of Bacon; we could not agree, and by some Behaviour of hers I mistrusted she had got something better; I watched her into Hungerford-Market and there I found this Cheese upon her; 'tis mine, and is mark'd, GB x LH.
Def. I did go into this Man's Shop for Bacon, and as I stood by the Counter, says he, Mistress are not you with Child? Yes Sir, says I Why then if you will let me feel your great Belly, I'll give you a Groaning Cheese. I had 3 Children, and going to lye down again, and I thought God would forgive me if I let him, and I let him do it; but after that he required farther Favours, which I would not grant him. Customers coming into the Shop, I went away with my Cheese, and I had got but a little Way before he came after me and charged me with stealing it, when I knew I had not stole it. Guilty 10 d.
15. John Maxworth , otherwise Paddy, otherwise Parliament Jack , was indicted for breaking and entering the House of Nathaniel Blackerby , Esq ; about the Hour of 3 in the Night of June 19 , and stealing 2 silver handled Knives, 2 silver handled Forks, one large silver Spoon, 2 Tea Spoons, 2 silk Handkerchiefs and a Cambrick Stock .
Mary Owen . I saw my Master's House fast and secure before I went to Bed, on the 19th of June last; the next Morning we found the House had been robb'd, and we miss'd first two Handkerchiefs and a Stock, and next we miss'd the 2 Tea Spoons, the great Spoon, and the Knives and Forks; the Goods were my Master's. We suspected the Prisoner, for he used to be about in the House unknown to my Master, and was employ'd by the Servants to run of Errands and to clean Knives; he was taken up and carried before Justice Farewell, where he made a Confession, and after it had been read over to him he voluntarily signed it.
Justice Farewell prov'd the Confession, and it was read.
Middlesex. The Examination and Confession of John Maxworth , taken before me Richard Farewell, Esq; one of his Majesties Justices of the Peace for the said County and Liberty of Westminster, this 8th of July, 1736.
Who upon Examination being asked, if he knew of any Plate being stollen from the House o Nathaniel Blackerby , Esq; on Saturday the 19th of June, confesseth and saith, he got on a Shed in Cotton's Ground, adjoining to the Coal. House of Mr. Blackerby on Saturday June the 10th, thence got into the Yard of the said House. Being asked what Part of the House he came into first, and whether the Doors were lock'd, he says, he came first into the Kitchen, which he opened, by turning the Brass Knobb of the Lock, that he took from thence a large silver Spoon, that the Crest was, a Blackmoor's Head, between 2 Lawrel Branches, and in the Parlour he took a Cane with a Pinchbeck's Head. Being asked whether he took 2 Tea Spoons, he says, he unlock'd the Study Door, between the ParlourElizabeth Coltman : That the Cane was sold at a Broker's in Rag Fair, for a Shilling: Being ask'd whether he told the said Coltman, where he had taken the said Goods, he says, he told her, from Mr. Blackerby's: Being asked whether he told Coltman of his Intention to commit the Robbery before he did it, he says that he did inform her of his Intention.
Mary Jennings . My Master's House was robbed the 19th of June: In the Morning I went into the Laundry and miss'd two Handkerchiefs. When my Master and Mistress went to Breakfast, I miss'd 2 Tea Spoons. When he was taken up we miss'd the Knives and Forks, and a large Spoon, and a Cane out of the little Parlour. The Prisoner using to go of Errands and clean Knives we suspected him, and before the Justice he owned the Fact, and that he came over the Wall into the Yard. I went up with the Former Witness, (our House-keeper) to Bed that Night, and am sure the Kitchen Door was latch'd. The Study Door I lock'd myself, and left the Key in the Door.
Defence. I am a poor young Fellow, But I have been trusted by several People in Westminster-Hall. I have received Money for Mr. Stagg, I have had it in my Custody and have always given it him: I have been employ'd by all the Shopkeepers in Westminster-Hall. But this Matter I did confess before the Justice. Guilty . Death .
He was a second Time indicted for stealing a silver Snuff-Box, value 30 s. a Tortoise-Shell Snuff-Box with silver Rims, value 42 s. and 9 Pair of silver Buckles, value 3 l. the Goods of William Deards .
To this Indictment he pleaded Guilty .
He was a third Time indicted for stealing out of the House of Batty Langley , a Flannel Petticoat, a silk Handkerchief, a linnen Shift, two Linnen Aprons, a Cambrick Handkerchief and other Things, the Goods of Mary Langley .
To this Indictment he also pleaded Guilty .
20. Lydia Wright , was indicted for stealing a Cloth Coat and Waistcoat, value 40 s. a Hat, value 15 s. a white worked Waistcoat, value 8 s. and other Things, the Goods of Joseph Twinbrough , in his House , July 9 .
The Prisoner went unseen into the House, while the Prosecutor's Wife was talking next Door to a Neighbour, and brought out the Goods in her Apron: She was seen by an opposite Neighbour, was pursu'd and taken with the Goods upon her. Guilty 39 s.
William Vennimore. On the 8th of this Instant, I was going to Fleet-street, and turn'd down Water-lane to make Water; as I stood against the Wall, the Prisoner came behind me, and with one Hand she took hold of - and the other she thrust into my Breeches Pocket and took my Money. I had 4s. and a Dutch halt Crown when I was in Cheapside, and I came directly from thence, no one had been near me but the Prisoner, and I was as sober as I am now. I seized her directly, and never released her, till I had charged the Watch with her, but I never thought of searching her.
Defence. I was talking to another Woman in the Street, and this Man came up to me, and said a Woman in a black Gown had robbed him. and says he, I don't see no other in black, therefore I will take Care of you. Whereof I took hold of his Arm, and went with him to the Constable, and turn'd my Pockets inside out; whereof he said, he would lay me a Full-pot I had the Money. I would have strip'd myself, but he was resolved to send me to Goal. Acquitted .
Elizabeth Howard ; and two Gowns and two Aprons and other Things, the Goods of Mary Pain , July 12 . Guilty, 39 s.
Edward Berry. I had taken 100 l. and clapped it down in a great Chair in the Chamber, about the 10th or 11th of June I think it was. I thought my Wife would have look'd it up, but she forgot it. Some Time after, the Monday after (I believe) she said she did not remember she had lock'd up the 100 l. up Stairs we went, and saw the Bag in the Chair, but there was seven Guineas taken out. We had heard where the Prisoner had been merry-making, and where she had spent a great deal of Money; so my Wife challenged her with taking these Guineas; she told us several different Stories, and we concluded to take her up. At first she denied the Fact, then she confest she took six Guineas, but would not tell what became of the other. She owned at another Time, that my Wife was going to pay a Chapman, and her Hands being grease, while she went into the Yard to wash them, she took ten Guineas, and two Guineas out of a Closet, while the Bed was making. I asked her, if none of her Acquaintance had been in my House, she said yes; and that they had tried by a pick Lock Key to open my Drawers; but it not doing, if she had not been found out, she was to have had a whole Bunch the next Day, and then they should have taken all they found.
The Constable. Her Mistress said she would not hurt her if she would confess, and she owned in my Hearing she took six Guineas.
Defence. I am innocent; my Master and Mistress said they would not hurt me, if I would confess I took the Money. Acquitted .
Thomas Wood . Between the Hours of Eleven and One at Night, June the 12th, I lost two Guineas, three half Guineas, and some Silver, out of a Chest. The Prisoner lived in my House, I trusted him for Lodging and Victuals, and in Return he robb'd me.
26 Ruth Surry , was indicted for stealing a Suit of laced Head-clothes, the Goods of Freeman Collins ; a Cambrick Mob and two Handkerchiefs, the Goods of William Odam ; and one Suit of Headclothes, the Goods of a Person unknown , July 17 . Guilty. Felony .
Mr. Winston. I was coming yesterday was three Weeks from Gloucestershire to London, in the Cirencester Coach, and about Knights-bridge, near Hyde Park Corner , three Fellows stopped the Coach and demanded our Money, Watches and Buckles; I gave the Fellow that put his Hand into the Coach a Guinea; another Gentleman gave them a Guinea and some Silver, and a third Person gave them more Silver. After this, they talked of taking us out of the Coach, I said they had got all we had, and away they went. I told the Watch and the Neighbourhood we had been robbed, and they pursued them, and that Man at the Bar was taken. Next Morning he was carried before the Lord Carpenter and Justice Ray, at Hanover-Square, and they bound him over. I can't take on me to say he was one of the three, for it was past 11 o'Clock at Night. He was taken by the Description we gave of the Robbers, that they were little Fellows, young, and unused to that Way. They were very civil, no Oaths nor Swearing, but, Gentlemen if you don't deliver, we must take you out of the Coach.
George Whitehead . I was going past 11 o'Clock, and a Gentleman came up, and sud, he was afraid of being robbed, there were three Foot-pads had stopped a Coach in the Road. He said one of them had on a Checquer'd Shirt, dark brown Cloaths, and a flapped Hat. I ordered the other Watchman to put out his Light, thinking if they saw our Lights, they would not come near us. In about a quarter of an Hour they came down the Road, I stooped down, that they might not see me; so, says I, they are coming, to my Companion, and as soon as the Prisoner came up to us, I seized him fast by the Breast; but while we were attacking him, the other two got off. We went up to the Turn-pike to see what Coach it was that had been robbed, and we found it was the Sissiter ( Cirencester ) Coach, so we went to the Bell-Savage Inn, and found out Mr. Hussey. I did not see the Coach attack'd, for it was not near the Houses, but so much as it was described upon him ( according to the Description) he must be the Man. He had these Surgeon's Instruments about him, and this Stock.
William Chambers . I am a Watchman. We had an Account of this Coach being robbed by three Foot Pads; two of them were described very plainly, by a Man who jumped down from behind it, when the Fact was committed; so we stopped the Prisoner at the Bar, and the others ran away. He was searched at the Lodge at the Park Gate; we found some Money upon him, but not much, and two or three Shagreen Cases to hold Lancers, and this Stock, but I did not see any Gold about him. The Robbery was committed about half a Mile beyond my Stand.
John Stokes . I was constable that Night the Prisoner was brought to the Watch house; the next Morning I carried him before the Lord Carpenter, and Mr. Justice Ray, and he confessed the Fact in my hearing, and the Confession was taken in writing, and was signed by the Prisoner.
Mr. Parry I saw this Confession taken, and the Prisoner signed it, after it had been read over to him: He gave an Account where those, who were concerned with him in this Robbery might be taken, but they have not yet been found
Middlesex. The Examination of John Kelsey taken before us, two of his Majesty's Justices of the Peace for the said County, and Liberty of Westminster, July the 1st, 1736.
Who being charged with stealing two Guineas from Mrs. Winston and Hussey, and putting them in fear, near Knight's Bridge, confesseth and saith, that he met with Rigby and Cooper at the Fountain Ale-house, and that he staid there with them 'till about three o'Clock: then they went to the Angel near Queen's Square, and drank a Pint of Beer, and from thence to a Cook's Shop, and having agreed to rob the first Coach they should meet, saith, that about eleven o'Clock at Night they stopped this Coach, that Rigby demanded the Money, Watches, and Buckles of the Passengers, and this Examinant put his Hat into the Coach, and received two Guineas, five Shillings in Silver, and two Pence Half-penny; that he gave Rigby the Money, and they went into the Fields and divided it; he saith, they then returned into the Road again, were pursued, and he this Examinant was taken by the Watchmen He farther saith, that last Saturday they robbed the Salisbury Coach near Kensington, and took from the Passengers 18 s. That he was concerned with Rigby and Cooper
Prisoner. I was not in my right Senses when I made that Confession, and was frighted into it.
Several Persons appeared to the Prisoner's Character, most of whom, had known him from his Cradle; and all of them swore they never heard ill of him before.
Elizabeth Kelsy . My Lord, the Prisoner at the Bar is my Child, and has always behaved well, and been a dutiful Child, and has lived very regularly. I cannot speak, my Lord, as to particular Company, I am at this time a distressed Widow; I know not Rigby, nor Cooper, - have Mercy upon my Child. Guilty . Death .
28, 29. William Hopkins , and Jane Daw , otherwise Hopkins , were indicted for stealing a Hog's Skin Saddle, a tann'd Leather Saddle, and other things, out of the Stable of Alexander Lamley , June 26 , both acquitted .
31. Ann Eaves , was indicted for stealing an India Quilt, a Camblet Cloak, a silk Hood, two quilted Petticoats, a pair of Stays, six Napkins, a Child's Frock without Sleeves, a silk Handkerchief, and several other Goods , the Property of Elizabeth Adderson , May 31 .
Adderson. I had the Misfortune to be confined in the Fleet 22 Weeks, and was discharged 3 Weeks ago this very Night. I entrusted this Woman to lye with my Daughter, thinking her to be an honest Woman; but when I came home, I found all my Things gone: I knew she was absconded before I came out of the Fleet, and have never seen her 'till she was taken up. Several of my Things I found at John Dorman 's, and John Glover 's, two Pawn-brokers, who are here in Court, and can swear they were in my House, when she came there.
John Dorman . The Prisoner used to bring things to pawn, and fetched them out again; I thought she had been entrusted by Adderson with the things, and that it could not be a Felony. She pawned them with me in her own Name; here's a List of them. April 12, an Apron for 1 s. April 22, a Cap for 1 s. May 24, an Apron for 1 s. March 4, a Cloak for 4 s. April 16, an Apron for 1 s. The 17th or 18th of May, a Suit of Pinners for half a Crown. February 7, an Apron half a Crown. May 19, a Cap 4 d. May 15, a Petticoat 8 d. May 1, a Handkerchief 8 d. April 28, five Napkins 3 s. May 12, a Handkerchief 6 d. May 13, a piece of Stuff 4 d. The same Day a Mob 8 d. May 5, a pair of Stays 9 s. May 20, a Petticoat 7 s. 6 d. May 24, a Quilt 14 s. 9 d. and with this 14 s. 9 d. she redeemed two Spoons of Mrs. Adderson's; so by that I took it she was entrusted with them.
Q. Did you entrust the Prisoner to pawn Goods for you?
Q. Did you commit these Goods to her Custody?
Q. Then the Pawn-broker is mistaken in his Law. You ought not to have received these Goods, without knowing what Authority she had to pawn them, and you are very faulty in taking them in.
Dorman. Here are other Things in the List of Mrs. Addersons, which the Prisoner brought to our House. She always pawn'd them in her own Name; and when I asked her any Questions, she always said she was sent.
Q. If you thought she was sent, why did you take them in her Name?
John Glover , I took from the Prisoner a check'd Apron for 18 d. a short silk Apron for 9 d. and a Remnant of new Stuff for 1 s. a Breadth and a half of Muslin for 1 s. She said she brought them from one Elizabeth Cox , but she laid them in her own name.
Q. You that receive Goods in pawn ought to be very cautious: You are Nurseries of Thieves, and they would have no vent for
Thomas Millet. My Stable was broke open early in the Morning, July 6, and an Iron-grey Mare, Bridle and Saddle were stollen. I cannot say the Prisoner took her; but I found her at the pewter Platter in St. John's Street; but I have got my Mare again.
William Enmery . Between one and two o'Clock in the Morning, July 6, the Prisoner came with the Mare to my Master's House: He called me up, and ordered her a Feed of Corn; I live at the Barley Mow, near Kent street Turnpike. I unlocked the Stable Door, and turn'd her in. He told me he had rid 60 Miles since 10 o'Clock last Night: I felt under the Saddle, and the Mare was but just warm; she was not heated at all, so I thought it impossible he should have come so far. He asked me to let him go to bed, and I let him lie in my Bed with my two little Children. In the Morning, when the Children got up, he sent them down Stairs to order another Feed of Corn; and while they were gone, he opened my Box, which was in the Chamber, robbed me of my Money and Watch, and then he went away with the Mare.
Another Witness. I was Hostler at the pewter Platter: And last Tuesday was Fortnight, the Prisoner came with the Mare, about 8 or 9 o'Clock in the Morning. Hostler, Hostler, says he, take my Mare: I rubbed her down, and he gave me a Pint of Beer. Afterwards Mr. Millet came, and took this very Mare out of the Stable, and said it was his.
Millet. I swear 'tis my Mare.
Defence. I made no Operations in taking the Mare: I did not break the Stable, nor take the Mare. It was a young Man who used to go with me to Emmery's House; he told me what he was going about, and I have had no Friends this 17 Years, 'till I kept Company with this young Man. I am but 17 Years old, and never wronged any body in my Life before Guilty . Death .
The Prosecutor not appearing, they were acquitted .
John Donnel. The 26th of June, the Watch was stole on board a Ship (The Willing Mind) riding off the Armitage. I was just got out of Bed to roll some Goods out of the Hold; and while I was in the Hold, he stole the Watch out of my Breeches which lay on a Chair in the Cabbin. I advertised it, and the Watchmaker he had sold it to, brought me the Watch again. I took the Prisoner before Justice Farmer, and he confessed the Fact, and signed his Examination.
The Confession being proved, was read.
The said Cisti being charged before me, by John Donnel , Master of The Willing Mind Shop, that on Saturday, June the 20th, he the said John Cisti stole out of the Cabbin in the said Sloop a Watch, value 40 s. the Property of John Donnel; he confesseth and saith, on the 26th of June he took the said Watch, and sold it to one Major Woolhead in Leadenhall street for 42 s. and farther saith not. John Cisti .
Major Woolhead . I had the Misfortune to buy this Watch of the Prisoner, three or four Days afterwards I saw the Advertisement: it did not come up fully to the Description in the Advertisement, for the Maker's Name is advertised (W A Y) and the Name on the Watch is WISE; however I immediately
38 Isabel Wall , was indicted for breaking and entering the House of Joshua Thompson , between the Hours of two and three in the Night, and stealing thence a Basket, a suit of Head-cloaths, sixteen pewter Dishes, and three Dozen of Plates, the Goods of Joshua Thompson , June 30 . Acquitted .
39 Elizabeth Shelton , was indicted for that whereas at the Sessions of Goal Delivery of Newgate, held at Justice Hall in the Old Bailey on Wednesday, May the 5th-last, before the Right Hon. Sir John Williams , Knt. Lord-Mayor, &c. the Right Hon. the Lord Hardwick. the Hon. Mr. Justice Cummins, the Hon. Mr. Justice Denton, and other Justices of our Lord the King, assigned to deliver the Goal of Newgate, one Daniel Malden , otherwise Morgan, otherwise Smith, was by due Form of Law convicted, for that he the 29th of February last, about the Hour of one in the Night, the Dwelling-house of Mary Henshaw did break and enter, and 7 pair of Sheets, the Goods of John White , 8 Aprons, the Goods of Sarah Bishop , 3 Linnen Check-Aprons, the Goods of Sarah Hilder , 3 Check-Aprons, the Goods of Ann Seal , and 1 Shirt, the Goods of Thomas Clark , in the Dwelling-house of Mary Henshaw , did steal, take, and carry away. And by a certain Jury of the Country, duly impanneled and sworn, he was legally tryed and convicted; and Elizabeth Shelton well knowing the said Malden otherwise Morgan, &c. so as aforesaid, to have been attainted and convicted; she, the said Shelton, on the 14th of June with Force and Arms, at the Parish of St. Mary White-chapel, the said Malden, &c. feloniously did receive, house, lodge, comfort, maintain and harbour, against the Peace of Our Soveraign Lord the King, his Crown and Dignity .
Mr. Alston. Daniel Malden escaped out of Newgate, after Condemnation, and was retaken: On Whitson-Monday Morning he made his Escape again, out of the Old Condemn'd Hold. I and several of our People made all the search we could after him, in order to retake him. On the Saturday before, he was brought down to this Court to receive fresh Judgment. After several Enquiries, I was informed, that one Germane a Smith, was sent for, to take his Fetters off, by Shelton: she confessed before my Lord-Mayor, that she harboured him, and she set her Name or her Mark to her Confession.
Mr. Caldwell. She set her Mark to this Examination, and signed it voluntarily, after it had been read over to her.
The Examination of Elizabeth Shelton s, taken the 17th of June before the Right Hon. Sir John Williams, Knt. Lord-Mayor, &c.
Who saith, that on the 14th of June, about 11 o'Clock in the Evening, her Servant acquainted her, that Malden had again broke out of Newgate; and her Curiosity leading her to go to Malden's Room which joined to her House, she there saw him eating some Pig; and that she, this Examinant, applied to one Germane a Smith, to file off his Fetters, who refused, and said, he would not do it for an hundred Pounds; that she then returned to Malden, who said, D - n you all, you want me to stay 'till I am taken, and then he went away with his Irons on his Legs; and that she has not seen him since. She saith, that while she was in the Room, his Wife enquired how he made his Escape; he told her that pulling out a Knife, he loosened a Stone, and raised it with a Link of his Fetters; that he then went through into the Funnel, and let the Stone fall; that he stuck fast in the Funnel, and with Difficulty fell into the Common Shore; that when he got out of the Shore, he hid himself in an Engine, while the People that pursued passed by.
Prisoner. I desire he may be asked, if ever I came to see Malden while he was in Newgate?
Alston. I cannot say I ever saw her with him.
Mr. Alston. You told me this very Day, that she was there.
Cooper. Well, I believe she was there. I knew the Woman before; I knew her vastly well; I live just by her in White's Yard.
Q. How many Women were in the Room when you went in?
Cooper. I cannot be positive how many.
Q. Did you know any of them?
Cooper. Yes, this Woman (the Prisoner) was in the Room; she was there.
Q. Then why do you say, you do not know that she was there?
Cooper. My Lord, I am cautious of hurting any Body.
Q. But won't you take care not to hurt your self? now you say she was there.
Cooper. Yes; My Lord, she was there indeed.
Q. What occasion'd his taking up his Trowsers?
Cooper. He took them up in a Bravado, and laugh'd. I am sure I should know him again, because I saw two of his Teeth in the upper Part of his Mouth broke out.
Q. How came you to be admitted into the House?
Cooper. Several People told me they had seen him, and thinks I, this is an idle Fellow, I will go see him too. And they omitted ( admitted ) me into the House, and into the very Room where he was Mrs. Humphries, who lives there sometimes, said, I might go in, and see him, she knocked at the Door, and said - here is Mr. Cooper, so they let me in, and he shewed the Irons on his Legs in a Bravado, and laugh'd and said, he had more about him here, (putting his Hands on his Wast) a great many more.
Mr. Nichols. Please to ask Mr. Cooper, if he has not seen Malden in the Prisoner's Apartment; he has told the same thing to me.
Cooper. It was the Wife's Room, that I saw him in.
Q. Where does the Prisoner live?
Cooper. In the same House, I believe; but I won't be positive.
Q. Was you ever in any Room with the Prisoner Shelton?
Cooper. Once or twice, I have been in a Room of hers.
Q. Was her Room in the same House?
Cooper. Yes, my Lord.
Mr. Alston. My Lord, he owned to me, that he had seen Malden, in the Prisoner's Room.
Cooper. Yes, my Lord, I have been informed, it was Shelton's Room.
Q. Where does Shelton live?
Cooper. Next Door to where I saw Malden, the Houses communicate, only there is a little Row of Pales between.
Germane. On Whitsun-Monday, I was drinking at the Corner of White's Yard, at 12 o'Clock at Night; the prisoner Shelton came and called me out privately. She asked me, if she might put her Life into my Hands? I was shocked, and asked her what she meant? Can I trust you, says she? I do not know, says I; why then, says she, Malden has made his Escape out of Jayl, will you come and take his Fetters off? No, says I, not for an hundred Pounds; I won't wrong my Conscience, my King, nor my Country. She found I would not answer her Ends; and she desired,
Temperance Germane, confirm'd the above Evidence
Defence. The 14th of June, at Night, I was a Bed, and a Woman who uses Newgate-Market came up and said there was a sad Up roar; for Malden was got out again. Pshaw says I, 'tis impossible, but a Woman that I give 12 d. a Week to, to look after my Children while I am out, comes and says to me, there's Malden gone up Stairs: with that, says I, if God gives me Leave, I'll go and see him; when I came up, he was eating Pig, and he asked me to eat with him, - No, no, says I, eat it yourself. His Wife said, Oh! Daniel, how did you get out? and he put his Hand to his Pocket, and pulled out a Knife, by means of which he loosened a Stone, and put his Fetters in, to take it up; then he went down the Funnel, and there he said he stuck; but God brought him through it. How will you get your Irons off, says his Wife? I will go, says I, to Germane's and get him to take them off; but he refused, and I went back and told them he would not do it: G - d d - n you all says he, you want me to stay and be taken; with that he went down Stairs, with his Irons on, and I have never seen him since Acquitted .
40. Thomas Powis , was indicted for breaking and entering the House of John Vere in the Night-time, and stealing thence, a brown Cloth Coat, a brown Shagreen Waistcoat, a black Cloth Waistcoat, 8 ruffled Shirts, a pair of silver Shoe-buckles, two large silver Spoons, two Tea-spoons, and a coarse Table-cloth, the Goods of John Vere; a pair of silver Shoe-buckles, a pair of ditto Knee-buckles, and a Bob-wig, the Goods of Samuel Vere : a Hat, and a pair of silver Shoe-buckles, and Knee-buckles, the Goods of John Gravener : in the House of John Vere , June 9 .
John Vere. On Wednesday Night, the 9th of June, my House was broke open, and I lost the Things mentioned in the Indictment; there is an empty House joining to mine. and in my Kitchen on the Ground Floor, is a Window which serves my House and that. In the Morning we found the Lead of that Window Part of the Window taken off: the Sink where I wash myself every if it had been broken befoe, 'tis impossible and the whole family must have seen it I cannot swear the Prisoner committed the Fact; but I was present at his Examination the Justice, and I swore to a back Waiste at, which he had on his Back, when he was apprehended.
Ann Elis . I am acquainted with the Prisoner: On the 12th of June about 2 o'Clock in the Afternoon, I met the Prisoner on Clerkenwell-green; he asked me to go and drink with him: we went to an Alehouse, and he told me he wanted Money, and desired me to pawn a Shirt for him: I took it and carried it to Mr. Parsons, he told me, he had bought it.
Joshua Markland . The 12th of June, Ann Ellis brought the Shirt to pawn and was stopped with it; I was sent to take the Prisoner: This is the Shirt which was stopped, and Mr. Vere's Maid, swore to the Shirt he had on his Back: It has been in my Custody ever since. I did not see them take it off, but the Justice's Clerk delivered them to me in the Office.
Elizabeth Banning . These are my Master's Shirts: I made them, and am positive to them: Eight of these Shirts which I had put into the Drawer on Wednesday Night were lost; and the Window I know was safe that Night between 11 and 12.
Rich Tabor . I saw the Waistcoat and Shirt taken off his Back at the Justice's, and delivered to the Constable; and the Buckles taken out of his Shoes, and the Knee-buckles out of his Breeches. He begged very hard for one of the Shirts to go to Jail in.
Mr. Gravener swore to his Goods mentioned in the Indictment, and produced a pair of Pincers which were found on the Ledge of the Window, with which he supposed the Lead was untwisted.
Council. This Prosecution is for Bigamy; an Offence which the Prisoner has committed in marrying two Wives. On the 9th of September, in the 7th Year of his Majesty, he married Sarah Seaton , and afterwards on the 13th of June last, he married Margaret Beauchamp: We shall clearly prove both Marriages, and then you'll find him guilty of the Offence. We shall produce a Clergyman, who married two People in the Names of Robert Hussey and Sarah Seaton, and shall prove that they co-habited together some Years, and the Children were looked on as the legitimate Issue of this Marriage.
Dr. Gainham. The 9th of September, 1733. I married a Couple at the Rainbow-Coffee-house the Corner of Fleet-Ditch, and entered the Marriage in my Register. As fair a Register as any Church in England can produce. I shewed it last Night to the Fore-man of the Jury, and my Lord Mayor's Clerk, at the London Punch-House.
Robert Hussey, of St. James's Westminster, Batchelor; and Sarah Setyon of St. Martin's in the Fields, Spinster. - As fair a Register as any Church can produce, and 'tis all my own Hand-writing. The Persons I won't swear to. This Certificate is all my Writing.
Q. Who gave you the Names of these People?
Dr. Gainham. The Man gives always the Names of both, and the Parishes where they live. A Spinster, is as much as to say a single Woman.
Council. Are not you ashamed to come and own a clandestine Marriage in the Face of a Court of Justice?
Dr. Gainham. (Bowing) Video meliora, deteriora sequor.
Council. Do you know any Thing of it, But by that Paper?
Dr. Gainbam. Yes, I'll swear to my Register: 'tis as fair a Register as any Church in England can show you. This Paper is a Copy from my Register, and I examined it by my Register.
Q. You are on your Oath: I ask you whether you never enter Marriages in that Book, when there's no Marriage at all?
Gainbam. I never did in my Life. I page my Book so, that it cannot be altered, and all Marriages are put down Alphabetically, that I can very readily find them.
Council. Pray who directed you, to shew that Paper to the Fore-man of the Jury?
Gainham. My own common Judgment, Sir: because I thought I could not be here to Day.
Mary Stallwood . I know the Prisoner, he has been very often at my House, and owned Sarah Hussey for his Wife: I have been at her Lyings to, she appeared publickly as his Wife, and he owned her as such. I am Sarah Hussey's Aunt, and an honest Girl she is. They have lived three Years together: he is a Frame-Guilder , and has been at my House many and many a Time, and supped there, and always owned her for his Wife.
Ann Humphries . I know the Prisoner, and the Prisoner knows me, as well as I know him. He and his Wife lived next Door to me. I visited her as a Neighbour, and Mrs. Hussey visited me: They passed for Man and Wife, all over the Street. They lived at Mrs. Whittle's, in Brownlow-street; they lived there more than a Year or two, and all the Time no one made any Objections to their being Man and Wife; I have often been in Company with them; once I was abroad with them, and they behaved as other Men and their Wives do.
Council. Have you never been abroad with a Gentleman that has had a Mistress?
Humphries. I know nothing of them; but as Man and Wife.
Council. Why, you may have seen a Man use his Mistress very kindly.
Q. Did you ever question them about it? Had you ever any Doubt of it?
Whittle. He was about to leave her, and I perswaded him to stay; and told him, it was the Part of every honest Man to stay with his Wife and Children; then he said he was not married. I told him then he should not live in my House; I would go and see whether he was or not. I went, and this Gentleman (Dr. Gainham) remembered the Marriage, and I saw the Register fair and clear; I came home and told him I had seen the Register, and he said he knew that before I went. I was God-father to his Children, and with his own Mouth, he ordered one of them to be registered.
Council. Such Evidence as this, such presumptive Evidence has always been rejected, 'till the Fact be established.
Prisoner. I own this last Marriage.
Q. Cannot a Man come and confess a Felony, and is not his own Confession to bind him? If a Man confesses himself guilty of Bigamy, shall not that be Evidence?
Council. This is only presumptive Evidence, and the Consequence of admitting it may be dangerous.
A Parish Clerk. I was called to two Christenings, at Mr. Whittles; I don't know the Man, but I registered two Children in such Names.
Mr. Whittle I heard him give Directions, and saw the Clerk take those Directions.
John Cook . I went with Mr. Martin, when he took up the Prisoner; and I asked him how he could be so wicked as to deceive the young Girl? How he could marry her, having a Wife alive, and this other Woman says she is your Wife?
As to the Wickedness of it, says he, 'tis not so wicked as you imagine: I don't deny but I am married to this Woman, (Sarah Hussey); but as to the Wickedness of it, you'll forgive me; I have had a learned Council's Opinion of it, a Seajeant at Law, and he says, the Marriage with this Woman, is a very bad one, because I had another at the same Time; another Wife before this; I have had Council's Opinion, says he, and I shall hold the Woman I have married now. We had this Discourse at Sir William Billers 's.
Mr. Martin. I know the Prisoner owned the second Marriage.
Council. It must be granted me, that here is only circumstantial Proof; as to the Registring of Children, there is nothing at all in that. But we say, he could not have a Marriage at this Time for at the Time he was married to this Seaton, he had a Wife, and she did not dye, till 6 Months after this pretended Marriage.
Court. Our Business is not to annul the Marriage, but to punish.
Council. If the first Wife was living, the second Woman could not be a Wife, neither de Jure, nor de Facto.
Mary Brothers . I was the Mother of the first Wife; her Name was Elenor Brothers; she was married to the Prisoner at St. Martin's Tabernacle: I saw them married, and her Father gave her away; she died, March was two Years ago. I do not remember who married them, for I have been out of my Senses since that Time.
The 16th Day of September, she was in the 10th Year of her Marriage, and she has been dead above two Years. I think she died in March.
Council. And their Marriage was in September 1733, then she must have been alive at the same Time.
Q. Did she live with this Man?
Mrs. Brothers. Yes, 8 Years, but at last they did not agree, and so they parted. I went and carried my Daughter to her, and told her, (Seaton) that this was Mr. Hussey's Wife. This second Marriage broke my poor Daughter's Heart, and made me run out of my Senses.
Council. Did you hear the Prisoner at the Bar was married to this Girl, (Seaton) before your Daughter's Death?
Mrs. Brothers. Yes, yes, this Girl told me she was married to him; and my Daughter
Council. We have prov'd he was married to these 2 Women, in Court; now the Proof they would set up, is, that he was married before, and antecedent to each of these Marriages; that he had a Wife when he married the Woman first mentioned in the indictment, and therefore that this Marriage was void.
Council. I did object that here was no positive Evidence of the first Marriage mentioned in the Indictment; and I do say, I don't remember any Case, where on this Act of Parliament, circumstantial Proof was ever given in Evidence, without there was some positive Evidence likewise.
Q. If the Prisoner confess'd his Marriage, is that circumstantial Evidence?
Council. I objected it was not sufficient for this Reason: It has been too licentious a Custom for People to live together, who have never been married; and they call one another my Dear and my Wife, and if you ask whether they are married, yes to be sure, they'll tell you; they would not expose, and bring a scandal upon themselves. But on this Act, it being a Felony, what I submit to the Court is, whether there ought not to be some solid Proof in this Case. This was not a Marriage Facie Eclesia, but a Fleet Marriage, and should be prov'd either by some Body who gave her away, or who saw the Book opened and read, 'tis not sufficient I think without some solid Proof of this Kind; but your Lordship thinks it sufficient Evidence to be left to the Jury.
Council. The first Marriage (in the Indictment) if it is to be made void, must be annulled by an Ecclesiastical Censure; this has not been done, it has not been voided by an Ecclesiastical Censure, therefore the Marriage is good.
Peter Abel . I know the Prisoner: His Wife Elenor died in the Street in York Buildings, over against the Sun-Tavern. upon a Bench in the Street, I saw her draw her last Breath; it was in 1734 or 1733-4.
Council. I have one Thing I would just mention; Gainham said he shew'd the Certificate of this Marriage to the Fore-man of the Jury beforehand; I must leave it to the Court whether that should not take off his Testimony. Guilty .
44. Joan Griffin , was indicted for stealing a Linnen Apron, the Goods of Elizabeth Young ; a Linnen Apron, a Table Cloth, 2 pair of Sheets and other Things, the Goods of George Young , July 8 . Acquitted .
46, 47. Elizabeth Williams and Mary Abbot were indicted for assaulting Ann Filewood , in the House of James Hopkins , putting her in fear, and taking from her a Gold Necklace and Locket, value 25 s. June 18 . Williams Guilty , Abbot Acquitted .
49, 50, 51. Thomes Morris , and John Pritchard were indicted for breaking and entering the House of Samuel Allen , about 12 at Night, and stealing thence 3 Porridge Pots, 6 Copper Sauce-pans, 3 Pewter Dishes, a Velvet Cap, and a Peruke, the Goods of Samuel Allen , January 27 . And Mary Eades , for receiving the same, knowing them to be stollen , January 28 .
Samuel Allen . I know nothing of the Prisoners. In January my House was robbed; I was up my self 'till 11 o'Clock, and left my House safe when I went to bed; in the Morning, a Shutter was taken off, and the Sash which was nailed down, was forced up. I lost 3 Pots, 6 Copper Sauce-pans, 3 Pewter Dishes, a Velvet Cap, and a Peruke.
Daniel Shaw . I made my self a voluntary Evidence against the Prisoners, intending to go to Sea, and get away from them. A pretty while after Christmas, Pritchard asked me to take a walk with him, and he and I, and Morris went to Hoxton, about 12 o'Clock at noon; we viewed Allen's House, and Pritchard said, this is a proper House, we can get in here. Then we went to the Farthing Pye-house, and drank two Full Pots; about 11 o'Clock at night we went to Allen's again, and staid about the House 'till 12. We found the Doors lock'd and fast, but with a ripping Chissel and a Knife, I made way to open the Pin of the Window; then we wrenched the Shutter down, and finding the Sashes nailed, I forced one of them up my self. Then says Pritchard, D - n me, who will go in; one was afraid, and t'other was afraid; keep a good look out, says I, and I will go in: They said, if any body came by, they would cry, Hyp. I got in, and unbolted the Door, then I handed out three Porridge Pots, one of them had three Feet on the bottom; six Sauce-pans, they were Copper, I believe, and as soon as we had got them, we carried them to the Prisoner Eades, three Pewter Dishes, a Velvet Cap, and a Natural Wig; we put them into a Flower-bag, and thinking we heard a Noise, we got out, and went off. I put the Cap and Wig in my Pocket; Pritchard and Morris put the rest of the Things into the Bag, as I handed them out. Then we made the best of our way, and took spell and spell, turn and turn to carry them to Rag-Fair, and we got there between two and three; from thence we went to Salt-Peter Bank, to a Glass-house, which is tumbled down, and we hid the Things under the Rubbish, and stow'd Bricks upon them. Happening to see Mary Eades there, (for 'tis a common Place for such People) she told us, she knew a Place where they bought such Things. I asked her, if she would sell them for us, and told her, we had stole them; she said, she knew a Case, where she could dispose of such Things; so I gave her the three Porridge-pots, and the six Sauce-pans, to another Woman who was with her. They went away together, and came back for the Dishes; we gave them the Dishes directly, and then they went away, and brought us 25 s. G - d d - m your Blood, you B - ch, says, Pritchard to Eades, have you brought us no more? she said, no, she could not get any more. About two o'Clock that Afternoon, I sold the Wig, and the Cap for half a Crown each, which made just 30 s. together, and Eades had 4 s. for her Trouble; 2 s. we spent upon her, and divided 8 s. a piece. The 2 s. we spent at an Irish Man's at Salt-Peter Bank, at the Sign of the Hoop: After this, I did not see them for a matter of four Months.
Shaw. She kept 4 s. out of the Money. She said, she had sold the Pots to one in Bishop's Gate street; I sent Word to the Prosecutor, but there was no such Person to be found.
Eades. Who was the other Woman that was with me?
Shaw. Phoenix, was with you.
Robert Clark . I was at Justice Farmer's to have a Warrant discharged; and while I was there, Shaw came voluntarily, and made this Information: I staid while he made it, and by his Direction we took the three Prisoners.
Morris. I can prove where I was when the Robbery was done.
Pritchard. I am as innocent as the Child in its Mother's Womb.
Eades. Shaw quarrelled with me about fetching a Hat out of pawn, and because I would not, he has made himself a Puff. I was drinking a Dram, and he came with these Gentlemen, and said, these are your Prisoners; I said, Daniel, you know Phaenix has got the Hat: I shewed her where to pawn it; and he gave me a Quartern of Gin, and told me he stole it from a Man, in the first Field in Stepney.
54 Hannah Thompson , was indicted for stealing a Feather-Bed, a Bolster, two Pillows, a pair of Sheets, two Blankets, two flat Irons, and two Pillow-bears, the Goods of Sarah Hunter , in a Lodging, let by Contract, to be used by Hannah Thompson and her Husband . It appearing the Prisoner had a Husband, she was acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows:
Receiv'd Sentence of Death 7.
Ann Weakley , Robert Folgey , Elizabeth Barnwell , Nicholas Hibbins , Dorothy Edwin , Elizabeth Smith , Robert Corff , Hanah Cross , Lydia Wright , Elenor Seaton , Ann Buzel , Owen Griffith , Ruth Surrey , Charles Thomas , Ann Eaves , John Cisti , Thomas Powis , William Netherwood , Elizabeth Williams , Mary Eades , Terence Brannikan , and Elenor Cary .
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