Wednesday the 8th, Thursday the 9th, Friday the 10th, Saturday the 11th, and Monday the 13th of September, in the Tenth Year of His MAJESTY's Reign.
Being the Seventh 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 Right Honourable Sir William Thomson , Recorder; 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 County of Middlesex.
William Arundell. I make Sliding-Heads for Tellescopes ; the Prisoner work'd with me till I had a Suspicion of him. I search'd his House, and found 70 Sliders, and 6 Brass Heads; 35 Heads he had sold to another Person, which I knew to be mine, because I work secretly with an Engine. As I suspected him, I counted over an hundred Dozen, and afterwards found 4 or 5 Dozen of them wanting.
John Dolley . I being Constable, search'd the Prisoner's House: I found a Quantity of small Pieces of Brass, out of which, Mr. Arundell pick'd these, which are produc'd, and which he swore to; but the Prisoner said they were his own.
Prisoner's Defence. I always prepared the Brass for the Engine to cut, and wanting to find out the Nature of this Engine, I slip'd in 4 or 5 Pieces of my own, and which I had prepar'd, that they might be cut with 300 of his; he cut them without discovering they were mine; and I took them away.
Several Persons appear'd, of whom the Prisoner had bought Brass, and several others gave him the Character of an honest Man. Acquitted .
3. Thomas Jordan , was indicted for stealing 50 lb. of Pewter, value 33 s. a pair of Pewter-Candlesticks, a Pewter Soop. Dish, 6 Pewter-Plates, one Pewter Sauce-boat , the Goods of Paul Mitchell , July 24 . Guilty 10 d.
4, 5, 6, 7, 8, 9. Sarah Andrews , Alice King , Sarah Hutchinson , Isabel Walters , Elizabeth Gutheridge , and Susan Anthill , were indicted for stealing a silver Watch, value 3 l. and 3 s. in Money , the Property of Edward Eavley , August 16 .
Edward Eavley. I was coming from Black-Fryers about 1 o'Clock in the Morning, August the 16th, and I saw Alice King in Ludgate-Street; I asked her the way to Cheapside: She said if I would give her a Dram she would show me. We went to a House in Black and White-Court, in the Old-Baily , and she call'd for a Dram and bid me pay for it, it comes to 6 d. said she: I gave her a Shilling, and desir'd her to return me 6 d. but she would not: I made words about my 6 d. and presently the other 5 Women came about me, and I felt one of their Hands in my Pocket; Don't pick my Pocket says I; no, no, say'd they; but Susan Anthill, by Violence took the Watch out of my Pocket, and ran down half the Stairs, and jump'd the rest; I ran after her a little way and came back to the House, but I was obliged to cry out Murder before I could get out of it again, for all the Women were about me at once; One had her Hands about my Wast; another unty'd, and pull'd off my Apron, for I am a Porter .
Q. And did not you Porter do very wisely to go along with these Women?
Q. And which of your Mistresses did this Man charge with stealing his Watch?
Bunningham. Susan Anthill ran down some of the Stairs, and jump'd all the rest, and out of
Prisoner Anthill. I was coming from the Bar that night, at half an Hour past 12, and I met this Woman and that young Woman, and I desired them to go make haste home and take care of my House: When I came home, I found my Door broke, my Maid drunk, and found that a Watch had been lost in my House. The Man told my Maid, he would give her a New Gown if she would swear against me, to transport me.
Q. How come you to have this Maid for your Evidence?
Eavley. This Man (the Beadle) will tell you.
Prisoner Anthill. This Man has had many a Shilling of mine.
Beadle. The Watchman at 2 o'Clock told me there had been a great Hubbub at Anthill's, I said 'twas a very disorderly House, and going down, we met Anthill. I told her if she suffer'd such doings at her House, she would soon he routed away. 'Tis my impudent Maid, says she, that is the Occasion of this; I am going home. When we came down, we found the Man stamping and making a Noise for his Watch; and before we were admitted, the Man cry'd out Murder: We made them open the Door, and he charged 4 Women with robbing him (Anthill was not then in the House:) We carry'd them to the Compter, and the next Morning before Sir Richard Frocas , who sent them to Newgate. He granted a Warrant for Anthill and her Husband; she absconded; but we afterwards took her in bed; and last Night we took her Husband, who offer'd the Prosecutor his Watch again for 2 Guineas. They keep a very bad House.
Q. Why did not you remove them?
Beadle. We have removed a sufficient Quantity of them already.
Anthill guilty 10 d. all the rest acquitted .
10. Joshua Fielding , was indicted for stealing 64 silk Handkerchiefs, a silk Purse, a velvet Cap, 3 velvet Girdles, 6 yards of Ribbon, 7 yards of Cambrick, 2 pair of thread Stockings, and 12 yards of Worsted Gartering , the Goods of John Knight , the 7th of August , guilty 39 s.
11. Henry Bullock , was indicted for stealing 3 Linnen Shirts, 2 silk Wastcoats, laced with Gold; one Wastcoat laced with Silver, a pair of velvet Breeches, and other wearing Apparel , the Goods of Henry Drake , Esq ; August the 10th . Pleaded guilty .
12, 13. Edward Row and William Hampton , were indicted (with Alexander Ratcliff not taken) for breaking and entering the House of Thomas Gibson , at Islington , about the Hour of 2 in the Night, and stealing a silver Watch, value 4 l. a silver Porringer, value 30 s. a silver Cup, value 3 l. a silver Spoon, value 10 s. a pair of silk Stockings, value 10 s. the Goods of Thomas Gibson , March the 26th, 1735 .
Thomas Gibson. At the Time mention'd in the Indictment, my Servant and I was at work in the Bake House: I sent my Servant out for a Thing we make use of in out Business, and he was seized in the Yard, and made a great Outcry: I was surpriz'd, and took up a long Pole (with which we rub the Fire about in the Oven,) and went into the Yard, to see what the matter was; but before I had got the length of the Pole, a Pistol was fir'd at me, and wounded me in my Breast and my Arm: A second Pistol wounded me in my Face and beat me backwards: Two of them took me up in their Arms and laid me on the Ground in the Bake-House: Then they brought my Man in, and after they had taken him to several Places to shew them where the Candles were, they brought him to me, with a Handkerchief ty'd before his Eyes, and sat him down by me: Two of them stood over us while the others robbed the House; according to our Information, there was half a Dozen of them, and the Man who gave the first Information, was try'd in this Court, and has been executed. After they had committed this Fact, they all sted to Ireland, but Ward, who made the Information against Row and Hampton. My Servant will swear to Row, and the Evidence that took him, will give an Account of his confessing the Fact.
Eryan Bird . I was Servant to Mr. Gibson at the Time he was robb'd, and was at work in the Bake house about 2 o'Clock; I went into the Yard for a Scovel which hung on the Backside of the Oven, facing the Back house, Row and his Companions rushed on me, and I was so surprized, that I could not tell how many there were of them: but they presented Pistols to my Breast, and Row stood with a Sword to guard me, while the rest went into my Master. I heard them discharge a Brace of Pistols at him, and I saw the Flash of the Powder. Row afterwards made me go into the Bake-house, and seeing my Master lie upon the Ground, I thought he was dead: he made me stand with my Face to the Oven's Mouth, and took his own Handkerchief, and bound about my Eyes, while the rest went up to rifle the House, They broke open a strong Door of a Chamber, and a Chest of Drawers, and took Money, and what they thought proper. As to Hampton we took him up on Suspicion before, but we could make nothing of him.
Bird. My Master is not able to give an Account of that, he was wounded, and in Pain. Row stood as a Guard, and Ward would have kill'd him, but Row was indeed more merciful.
Gibson. These are the Stockings, which they took out of my House
White. I bought them of Ward and Row.
Bird. Ward and Row were together when they were bought; the Prisoner swore that Ward had bought them in Drury-Lane, for a Crown.
Gibson. I have another Man now in Custody at Dublin, when he is brought over, I don't know how Hampton may appear. Ward put him in his Information. Row Guilty . Death . Hampton Acquitted .
Thomas Merry. My Horse was in the Church-yard of Yalling in the County of Huntingdon , on Friday Night, August the 6th, on the 7th in the Morning he was gone. I had him cry'd at St. Ives, and 2 or 3 other Places, and at last this next Witness Mr. Unwin gave me Information of him.
Mr. Unwin. I live in Well-street, near Well-Close-Square. The Prisoner came to me the Sunday after the Horse was lost, about 3 or 4 o'Clock in the Afternoon, and told me he had got 2 Horses, but as one was enough for his Business, he would dispose of the other. One of them was sit for a Saddle or a Chaise: I said, I wanted such a one, and he brought this wan Gelding to me on the Tuesday following, and told me he was worth 5 or 6 Guineas; but if I would buy him, I should have him at any Price. The Horse was in very bad Condition, when I saw him: and I suspected he was not honestly come by. He call'd for Bread and Cheese, and sent me out for some Onions; instead of going for Onions, I got a Constable and had them before Justice Farmer: the Prisoner had a Boy with him, whom I took up too, and he gave me the Information.
Cox, the Boy. The Prisoner and I had swept the Prosecutor's Chimney, and when we had done, he came to me and fell a Laughing; I asked what he laughed at; why says he, here is a Saddle and Bridle, and there's a Horse in the Church-yard, we'll come at Night and take them away, and go to London. We came about 12 o'Clock, he took the Bridle and Pannel out of the Stable; I held open the Gate; he rode the Horse out, and we both came away together. Guilty , Death .
13. Thomas Morris , was indicted for Assaulting John Green , June the 30th , and giving him with both his Hands, divers mortal Bruises on his Head, Breast, Back, Stomach and Sides; by Reason of which said mortal Bruises, he the said Green did languish, and languishingly liv'd from the said 30th of June, to the 16th of July, at which time he dyed .
He was a second Time indicted on the Coroner's Inquest, for feloniously slaying the said Green.
Mr. Hathwell, Surgeon. I saw him a fortnight before he dy'd: There was a Bruise on his Breast, and several on other Parts of his Body; which with a Pleuretic Fever, was the Occasion of his Death.
Hannah Green . I am his Widow: He dy'd the 16th of July. On the Thursday seennight before he dy'd, he came home from work, in a bed Condition: He was a Plaisterer , and had been at work at Mile-end. On the Monday morning before, he went out in perfect health; but that Thursday night, he was very ill; I asked him what was the matter: He said he had received a Hurt on his Side by a Blow, but would not tell me in what manner he received the Hurt: He desired me to let him alone, and said, he would tell me afterwards how it came. I sent for a Surgeon to bleed him about 7 o'Clock that Night; but he continu'd very ill, and in the Morning he told me, if the Pain he was in continu'd, it would kill him: It will make you uneasy if I tell you, how I have been hurt; but if ever I get well, I will right myself. On Sunday night he told me that 2 of their Men had been gaming; that one having lost his Shirt, he pull'd off his, to lend the Looser: Tom Morris was the Man, he said, he lent his Shirt to; who refusing to let him have it again, they quarrell'd, and Morris had given the Blows. On Monday I sent to Mr. Bransbury the Apothecary, and he order'd him to be blooded; on Tuesday, he was blooded again, and grew so bad, that he could not lye down in his Bed; but constantly complained of a Pain in his Side. My Dear, says I (the Day he dyed,) do you think the Blow Morris gave you, is the Occasion of your Death? Yes, say'd he. I asked him if I should follow the Law? Do what you please says he, he deserves it; but I forgive him, as I hope to be forgiven.
Mr. Bransbury. I was sent for on Monday, and found the Deceased complaining of a Pain in his Side, and Shortness of Breath. He seemed very uneasy: I asked if he spit Blood, or made
Surgeon. I cannot take on me to say, that any of the Bruises were mortal.
Mr. Bransbury. I apprehend there was an Adhesion of the Lungs, and that it was a consumptive Case. I asked him if he had not drank hard, particularly, if he had not been us'd to drink Drams; and he said, formerly he had, but he had left them off now.
Q. If the Bruises had occasion'd some inward mortal Disorder, would there not have been some Symptoms of the Disorder, as bloody Urine, spitting of Blood, or the like?
Surgeon. I should think so.
Robert Millaway . The Deceased and the Prisoner, about 3 Weeks before his Death, were playing at Skettles: I came in and play'd with them, the Prisoner lost his Wastcoat, and would play for his Shirt with another Man: the Deceased said he would lend his Shirt to the Man who lost: the Prisoner losing, asked the Deceased for his Shirt; he pull'd it off and lent it him; but I suppose growing a little coldish without his Shirt, he asked the Prisoner for it again, who would not give it him, till he had got another: then they went into the House, drank together, and quarrelling push'd one another against the Table, broke a Pane of Glass, and then sat down again; but the Deceas'd insisting on having his Shirt again, said he would fight him for it, and out they went, but did not strike above 6 Blows; nor did I observe that the Deceas'd had Blows of any Consequence: he said he had enough, and the Prisoner gave over: after this they sat and drank together upon the Bench.
Mr. Cary. About a Week before he dy'd, he look'd yellow and bad, I asked him how he did; and he told me, he had fallen from a Scaffold, and that a Piece of Wood 15 Foot long, call'd a Ledger fell on him, and had bruis'd him so much, that he could hardly breath: this was about a Week before he dy'd.
The Jury acquitted the Prisoner, and found that John Green dy'd of a Consumption.
He was a second Time indicted for stealing a silver Watch, and silver Chain, value 3 l. the Goods of James Stevens, July 14 . And Mary Shropshire , and Anne Finney for receiving the same, knowing them to be stolen .
He was a third Time indicted for stealing a silver Watch, value 3 l. the Goods of James Stevens, July 21 . And Mary Shropshire and Anne Finney for receiving the same, knowing them to be stolen .
Samuel Brown . I am Constable, and took up the 3 Prisoners. John Thomas owned he had robb'd Stevens of 3 Watches, and that the 2 Women had receiv'd them, tho' they knew he had stole them. One Watch was pawn'd at Barrets, which I fetched out; this is the very same.
Stevens. This is my Watch.
Barret. Finney, and another Woman pawned this Watch to me for a Guinea and a half.
Anne Hawkins . Finney came to me, and said she was very poor, and every body would not care to take in what she had got to pledge, so she desired me to go with her to a Pawnbrokers; I carry'd her to Barret's, and on my Account Barret lent her a Guinea and a half: she said it was for a Friend of hers in Trouble.
Elizabeth Scott . Finney and Shropshire call'd me down from my 3 Infants, and desired me to pawn a Watch for them; I carry'd them to Haydon's, but they would not take it in; then I went to this young Man's Master, and he lent 12 s. on it: I gave them the Money, and had 6 d. for my Trouble.
Pawnbroker's Boy. July the 21st, this Woman (Scott) brought the Watch to our House, and had 12 s. upon it.
Scott. But they were both at the Door when I went in. This is the very Watch I pawn'd.
Stevens. This I swear to be mine; and these Watches were hung in a Glass-Case in my Shop.
Brown, Constable. Thomas told me when I examin'd him, that he pull'd the Case open one time; another time he saw the Key hang by it, and so he open'd it. I asked him why he did not take Gold Watches; he said he did take one down, but his Heart misgave him; so he put it up again and took a silver one. John Thomas Guilty , Death . Shropshire and Finney, Transportation .
16, 17. Thomas Dwyer and James O Neal , were indicted for assaulting James Maintrew on the King's High-way, putting him in fear, and taking from him a silver Watch, value 40 s. a Tortoishell Snuff-box, value 20 s. a pair of silver Shoe buckles, value 6 s. a pair of Knee-buckles, value 5 s. a pair of silver Spurs, value 25 s. a silver Stock buckle, value 5 s. a Cambrick Stock, value 1 s. a Holland Shirt, a Hat, a Peruke, a Cloth Coat. Wastcoat, Whip, and other Things, and 2 s. in Money , July the 31 st .
Daniel Hawkins , in an open Place near the King's High-way, putting him in fear, and taking from him 32 silver Buttons, 7 Guineas, 7 Shillings, in Money and other Things , August the 3 d .
They were a third Time indicted for stealing a black Gelding, value 12 l. the Goods of Daniel Hawkins, August the 3d.
James Maintrew . July the 31st, I was coming from Horton in Buckinghamshire; at Beggars-bush, between Acton and Kensington , there is a Bridge, and by that Bridge there is a Dunghill and a Gate. On the middle of the Bridge I met a Man upon a black Horse: I was attack'd by him and another who came up to him; they had each of them a Pistol in their left Hands, and a Truncheon in their right. They made me dismount, and carry'd me over the Gate, into a Field, then put me into a Ditch and searched my Pockets: They took away the Things mention'd in the Indictment, and which I swear to. They gagg'd me and stripp'd me quite naked; my Hands were ty'd behind me, my left Leg fasten'd up to my Hands, and my right Leg lash'd to the other: Then they drew me out of the Ditch into a Furrow, where I lay 'till 12 o'Clock at Night, when a Man coming by released me. I am positive to the 2 Prisoners, for it was light enough to see their Faces; I heard nothing of them, 'till they were taken up for robbing Mr. Hawkins, 3 Days afterwards; then I went to see them, and knew them to be the Men that robb'd me.
Barns. Dwyer was taken up on suspicion of robbing Mr. Hawkins, and to save himself he desired before Mr. De Viel to be made an Evidence. I was in pursuit of O Neal when my Beadle stopp'd him; and he too desired to be made an Evidence: I have got the Slugs which I drew out of O Neal's Pistols, which we took from him.
Daniel Hawkins . On Tuesday the 3d of last Month, I was robb'd by the 2 Men at the Barr, about a quarter of a Mile from Stone-bridge, on the Harrow road, about 9 o'Clock at Night. O Neal catch'd hold of my Horse and led him into Mr. Newman's Ground, and Dwyer lay'd hold of me, and led me about 20 Poles length into the Field. Under a Hedge they laid me down; O Neal took 7 Guineas and some Silver from me, and cut off my Silver Buttons; they cut my Coat and Wastcoat down, and took Cloth and Buttons together, and the Buckles out of my Shoes: When they had robbed me, I was going to get up, but Dwyer struck me with his Stick, and say'd, they had not done with me; then O Neal pulled a Handkerchief out of his Pocket, and ty'd my Hands behind me; but before he had done, Dwyer got upon my Horse and rode away with him. O Neal bid me lye still, for he should bring me more Company presently. Mr. Newman met them both upon my black Horse as they were riding off; they rid as far as they thought proper, then turn'd up my Horse, and I found him again.
Constable. I took these Buckles upon O Neal.
Hawkins. These are the Buckles they took from me. I heard nothing of the Men 'till Thursday, when a Man came from Turnham green and told me a Man was taken there, with such Goods as I had lost upon him; I went and saw O Neal there, and had him before a Justice.
Newman. I came from Paddington with Mr. Hawkins: We drank together at Halsden-green; and he went away about half an Hour before me. As I came home, I met 2 Men upon his Horse, within a quarter of a Mile from the Place where he was robb'd, I knew the Horse very well; and O Neal rid hindmost. The next Morning I heard that Mr. Hawkins had been robb'd in my Field, and there my Maid found his Whip: We printed Bills for the Horse; Dwyer was taken and confess'd in hopes of being made an Evidence.
Joseph Green . The 2 Prisoners lodged in my House in James's street, near Grosvener square. They told me they dealt in Lace and Holland, and carry'd Packs about the Country. They lodged about 9 Days with me, and in that Time they lay out 4 Nights, and the last Time 2 Nights successively: Once when they came home they quarrell'd and fought about sharing some Money, and a loaded Pistol was found in their Bed: My People told me of that, and I went for a Constable to charge them on suspicion; but the Constable would not come without a Warrant; I could not find a Justice at home, so I came back to my House, and found the 2 Men were gone; but Dwyer coming to a Pawnbrokers to redeem a Coat, he was taken up on suspicion of being a Highwayman.
John Stokes . I carry'd Dwyer before Justice De Viel, who examin'd him two several Times; at last he confess'd that O Neal and he had robb'd near Brentford. I went to Brentford and found out Mr. Hawkins: O Neal was now taken, and when Hawkins saw them both, he knew them. Dwyer made him a Bow, and asked him if he had used him ill or hurt him: The silver Buttons were found upon Dwyer, and the Buckles upon O Neal, before the Justice.
Dwyer. I can't tell what to say to it.
O Neal. 'Tis a Folly for me to say any Thing; I am in a Fever and cannot dispute. Both guilty of the Indictment. Death .
William Chinnick. I keep a Green Grocers Cellar , under the Rose-Tavern in Russel-street, Covent-Garden . On the 11th of July, going from my own Cellar, I met the Prisoner within 3 Yards of the Door: I look'd full in his Face by the Light of the Lamps: he pass'd me; but return'd and knock'd me down: as I was getting up, I found his Hand in my right Side Pocket: the Mob gather'd about me, and the Watch was called, but before they came, he knock'd me down again, and ran away: the Watchmen ran after him; I could not run so fast as they, but I heard him say, for I was within 30 Yards of him, the first Man that comes after me, I'll mow him down like Grass. I can swear to the Man, and that he knock'd me down 3 Yards from my own Cellar-Door.
Edward Shorter , Watchman. Between 10 and a 11 at Night, I was going (according to Custom) for my Half-penny worth of Tobacco, I saw the Prisoner knock Chinnick down; Watch was call'd, and away he ran: they ran after him to the End of Russel-street, and would go no farther; I heard him say, the first Man that came after him, he would mow down like Grass.
Q. This was done very quick: the Watch, and Company came about you, yet your Money was snap'd out of your Pocket, and you was knock'd down again you say; would it not have been natural for a Man to have said he was robb'd then?
Chinnick. I don't swear the Man had my Money: I lost so much Money, and I felt his Hand in my Pocket.
Q. When was the Prisoner taken?
Chinnick. About 7 Weeks after.
Prisoner. When he was before Justice Midford for a Warrant, he swore only to an Assault: I don't deny I had a squabble with him.
Chinnick. I swore I was knock'd down, and that I lost 2 s. and a Half-penny.
A Woman. I was going by when the Quarrel happen'd: I saw Chinnick strike the Prisoner, and throw him down; he got up again and they fell to Blows; after that the Prisoner went away, there was no Watch call'd at all, as I heard.
Several Persons giving the Prisoner a good Character, the Jury acquitted him.
26. Mary Sparks , was indicted for stealing 2 Gold Rings, value 10 s. and one Gold Ring with a Christial Stone, value 3 s. and 1 Gold Ring, value 2 s. the Goods of Mary Scarlet , and John Taylor , July the 26th . Acquitted .
27. Frances Burges , was indicted for stealing a Copper Porrage Pot and Cover, a Blanket, a flat Iron, a brass Skiller, a brass Candlestick, a linnen Sheet, a silver Tea Spoon and a Stew-pan , the Goods of Mary Murray , Widow, August the 28th . Guilty .
28. Hannah Turbot , was indicted for stealing a Linnen-Apron, 2 Linnen-sheets, a silver Cup, a flat Iron; a Box-Iron and Heater, a silver Tea Spoon; a Muslin-Hood, a Cambrick-Handkerchief, 2 Damask-Clouts. and other Things , the Goods of Anne Robinson , August 19 Guilty .
Robert Doleman . On Sunday the 18th of July, I went to my Chest of Drawers (I lodge in Brown's House) and found them lock'd: but upon opening them, I found my Bag empty; 14 Guineas and 4 s. were gone. So I went into the KitchenMark Duree ; he said, he had given him leave to go out: And he never came home that Night, but rak'd about for a Week or 10 Days, and got a board a Ship, at Sheerness, with a Chimney Sweeper. The Chimney Sweeper's Brother found them out, and got them back to London. I desired Mark's Mother who secreted him, to permit me to see him: She said I should see him, if I would come without a Constable, and the Place appointed was the Black-horse in Nightingale Lane. I met the Mother there, and she took me from thence to a Millener's shop, and there I saw him, and charg'd him with taking my Money. He own'd all the matter: That he had taken out sometimes 1 Guinea; sometimes 2 or 3, and that his Master's Son was with him, and that they had follow'd this Practice for 6 Weeks together, and always open'd the Drawer with my own Key. On the 5th of August, I had the Happiness to see him again, I had my Lord-Mayor's Warrant out, and took him up: He was carry'd before Sir Richard Brocas ; there he made a Confession, which was taken in writing; and after it had been read over to him, he voluntarily sign'd it. The Confession was prov'd, but it being on Oath, could not be read in Evidence against him.
Prisoner. When I made the Confession, he promised he would not hurt a Hair on my Head.
William Wood . When the Prisoner was taken up the 5th of August, he own'd he had taken at several Times 2 or 3 Guineas, his Master's Son being with him: That they always took it by turns, who should watch, and who should take the Money; they did not go the first Time to look for Money, but for some of Doleman's Brandy, and seeing where the Keys of his Drawers was put, they took the Money.
James Fitzgerald . I have a Brother who is Apprentice to a Chimney Sweeper on St. Dunstan's Hill; he and the Prisoner ran away to Sheerness, where I found them both, and perswaded them both to come back to London; Duree own'd that he and his Master's Son took Doleman's Money.
Esther Duree . My Child is unfortunate, in falling into bad Hands. But as to the Case before your lordship, Doleman obliged me to bring this Boy into a Confession, and faithfully promised he would not bring him to Justice; I am a Woman alone, and have not a Friend to appear for me, my Husband being at present under a Cloud. He promised not to prosecute him, if he could find that Brown's Boy or his Wife were concerned.
John Lapine . The last time Mrs. Duree brought her Son Mark to the Prosecutor, he promis'd not to hurt him: Come in says he to him, I won't hurt you, but when he had got him into the House a Constable came and took him. Guilty 10 d.
The Prosecutor being call'd, and not appearing, the Prisoner was acquitted .
Margaret Bettrey . My Lord, the Prisoner at the Barr is my own Child. She is marry'd, but her Husband leaving her with Child, I took her home again. The Linnen which is lost, was a Gentleman's who lodged and boarded with me: He left it in my House, nail'd up in a Box, and he's since dead at Barbadoes. His Name was Alexander Steadman ; but the Goods are now the Property of James Rule , an Executor of Steadman's, and he comes on me for the same. I can't tell what Things there was in this Box, but I have found 4 Shirts and a Banyan, pawn'd in my Daughter's Name, pawned at one Davis's the Week before Christmass last.
Defence. My Lord, my Mother sent me with the Things to pawn for her: Ask her, if she had not the Money they were pawn'd for?
Bettrey. No; I know nothing of it. Acquitted .
39. Edward Bonner , was indicted (with William Wager , otherwise Cocky Wager, not yet taken) for assaulting Samuel Hasswel on the King's High-way, putting him in fear, and taking from him a silver Watch, value 3 l. a Gold-Ring, value 10 s. 3 Guineas, and 2 s. in Money , July 23 .
Tottenham-Cross , the Coachman turn'd out of the great Road to go down the green Lane : he had not drove above a Mile, before 2 Men came up to the Chariot, with their Faces cover'd, and Pistols in their Hands, and bid him stop: they demanded my Money, and I gave them the Money and Things mentioned in the Indictment: this was between 1 and 2 o'Clock at noon. I can't swear to the Prisoner, for both their Faces were cover'd with something brown, in which there were Holes for their Eyes and Nose. I saw only the lower Part of their Faces. My Watch was found on Wager, but he is not taken.
Philip Wilson . I drove Mr.Hasswell the 23d of July, and looked back 6 or 8 Times, as they follow'd the Chariot. I saw their Face as plain as I see the Prisoners now, and several Times, before they put their Masks on. I took them to be 2 Persons going home. and expected no Robbery. Several times I observed their Faces, and I swear that the Prisoner is one of them, for I took notice of his Voice, as well as his Face; he speaks thick and hastily. The Prisoner was the Man who came up and swore he would shoot me, if I did not stop; I up with my Whip, and was going to strike him, but I did not; and the third time of his swearing at me. I stop'd: then he turn'd about and demanded Mr. Hasswell's Money: the other Man was at this time putting on his Mask behind the Chariot, and the Prisoner cry'd d - n ye, d - n ye, come up to the other Side, shall we see what the Coachman has got, because he would not stop the first time we bid him Wager bid me look forward, and Bonner say'd, why don't you see what the Coachman has got; says Wager, the Coachman does look forward: I heard him (Wager) say, D - n you, where is your Watch, and I saw the Watch delivered into his Hand, and Bonner took the Money and the Ring, and Wager had the Watch. Then they left us and went 2 or 300 Yards towards the Turnpike in the green Lane. We told the People there and Bonner came after us, and called out, D - n his Blood where is the Coachman, Why don't he go about his Business. There was 2 or 3 Men in the back Yard, and I asked them for a Gun: I got one, and Bonner cry'd out to me, Why don't you go on? I clapp'd the Gun to my Shoulder, presented the Peice, and cry'd out, Now I have you. Bonner then fell from his Horse, but got up again, and made clear off; but was afterwards taken by some People who knew he had haunted these Lanes for some Days, and knew both him and Wager to be such sort of Men.
Bonner. I ask if he knows Wager?
Wilson. I believe I should.
Wilson. I made no Affidavit at all concerning Wager.
Bonner. How does he know his Name to be Wager?
Wilson. I don't know his Name but by intelligence: they call him Cocky.
The Constable. I serv'd the Warrant upon Bonner, I knew he was a desperate Fellow, so I got 2 or 3 to assist me. I took him at the Black-Spread-Eagle Alehouse in Pater noster-Row, on the Information of the Coachman, in a dark Room, and 2 or 3 Women were with him: we took him to Sir Richard Brocas's, but he not being ready, we had him to the Bull-head, till the Alderman could give us a hearing: he seem'd very uneasy, and I was uneasy too; while we were there, a lusty Carpenter one of his Associates, and 2 or 3 more came in, and Bonner said to them, " have you " brought Pistols and Hangers? If you have, " fall to, fire, and away:" however, I got Bonner to Sir Richard's first, and because we cou'd not get the People there, he was to be re-examin'd; and when we got the Coachman and him together, that they might see one another, the Coachman said, " out of a thousand that is the " Man, I remember his quick Speech." Bonner was in his Butcher's Livery, and he asked the Coachman if he knew him: Aye, says the Coachman, if I had never seen you, I should have had no Trouble with you then he described Wager; and Cocky is the most remarkable Man in the World.
Francis Waker . The Constable came to me, and told me he had an Information against Bonner, as he was a desperate Fellow, he desired me to assist him; we got 5 in all, and at the Blackspread-Eagle in Paternoster-Row we took him, and carry'd him to the Bull-Head; we had not been there a quarter of an Hour, but up comes 3 or 4 Men, one of them, a very lusty sturdy Fellow; he went up and spoke to Bonner, he ask'd if they had got Pistols and Hangers, if they had, they must fall to, fire and away; for fear of a Rescue, we got him down to the Alderman's, and he committed him to the Compter for a farther Hearing.
Bonner. I was drinking at the Black-spread-Eagle, with Cocky Wager's Sister; there were Warrants out to take him up, and I was contriving with her how to get him off; and as he and I were intimate. I thought I should be taken up as well as he: I advised Cocky's Sister to get him out of the Nation. Call Mr. Well's, Mrs. Well's, Mr. Story, and Mr. Lyon (who all appearing, were sworn)
Q. And what then?
Wells. He was in my Company and saw me pay the Money that's all.
- Story. I am a Butcher; I was in Smithfield along with the Gentleman, - the Gentleman at the Barr, at the Sign of the Greyhound; I saw the Gentleman drinking there the 23d of July.
Q. How come you to remember the 23d of July.
- Story. Because it was Market Day, and Friday.
Q. But there are other Market Days, are there not?
- Story. I took notice of that Day.
Story. Because I was that Day at Market, and I have not been there once, since that time. I saw Master Wells pay for the Bullock.
Q. So you happen'd to be in the Market, luckily at the Time that Man was paying for the Bullock? Bonner was there by accident, and you too?
Story. I knew nothing of Bonner, 'till I saw him drinking
Q. Then you was by, when the Bullock was paid for?
Q. Who was the Money paid to?
Story. Master Wells paid it to a Farmer, his Name is Foiler, and he lives in Essex. I have nothing more to say; it was the 23d of July, and I have been but once since in Smithfield, this was about 11 o'Clock, and we stay'd there 'till 4 or 5. I said there all the while, and this Woman was drinking there too. I want in and out 2 or 3 times. I know it was the 23d of July; and I can give no other Reason, but that I was there the 23d of July.
Susan Wells . I came to Market, along with my Husband on Friday July the 23d. I have Reason to remember the Day, because my Husband pay'd Money that Day: and going home, I fell off my Horse, and did not go out of Doors for a Fortnight.
Q. If your Husband pay'd Money, did not he take a Receipt?
Susan Well. Yes, my Lord.
Q. If Foiler is the Person he deals with did not you bring him here to prove that lock was bought at that time?
Susan Wells. We were not acquainted with the matter 'till Monday last, else we should have brought him.
- Wells I paid the Money at the Grey-hound in Smithfield, and said there from 11 o'Clock to 4 or 5. But I don't know the Man's Name that keeps the house.
Q. You know the House where you say he was, Why did not you do the good Office to bring the Man, or some of his Tapsters here? That is not so far as Essex. What Character does Bonner bear?
- Wells. A very good Character as far as I know: He keeps a Shop in Newgate Market, and I have sold him Pork and Veal in Carcasses; I know nothing but that he is very honest. (Here he produced Foiler's Receipt)
John Lyon. I am the Person. I am a Clerk, and live in Aldersgate-street; the last Business, I was in, was that of Clerk to a Man of War; I was discharged from thence in February last.
Q. Is not this Receipt of your writing?
Q. What Business have you follow'd since you were discharged from the Man of War?
Lyon. I follow the same Business still; and have acted in the Station of a Clerk to Merchants. I happen'd to be accidentally in Smithfield when the Money was paid and I happen'd to see Mr. Bonner there. These People I know nothing of. Mr. Bonner asked me to drink, and thro' their Persuasions, I went with him to the Greyhound Mr. Bonner I have known those 20 Years. Wells can neither write nor read: it was at Bonner's Request that I wrote the Receipt.
Q. There's no doubt but you did; and 'tis dated the 23d of July: Pray did you ever see Foiler before?
Lyon. No, never. I came about a 11, and stay'd till after 3 in the Afternoon.
Q. So accidentally being Bonner's Acquaintance, you staid all the Afternoon; was you ever at that House before?
Lyon. No, never in my Life.
Q. Who serv'd the Liquor? Lyon. I don't know.
Lyon. I have done Business for the South-Sea Company, and the India Company, and for several Spanish Merchants in Town: I have done Business for Mr. Richardson at the London Assurance Office. I have wrote for him in the Nature of a Clerk.
Q. Who else?
Lyon. I don't know, I can't say any one else, particularly.
Q. Mr. Richardson is all, of the several that you have serv'd, that you can mention: if you get your Livelihood by being a Clerk, can't you name some of your Employers?
Lyon. I don't know any one else, in London. I live next the Ship Alehouse in Aldersgate Street, at Mrs. Bowsle's.
Q. At what Place did you write for Mr. Richardson, and what was the Business you did for him?
Lyon. I wrote for him at my own Lodging; and what I did for him was his own private Business, in a Book of 60 Folio. Mr. Richardson is my Relation, and he premited to get me an Employment in the Office.
Q. Do you use to be at the London Assurance Office?
Lyon. I have been there.
Mr. Hasswell. I am a Director there: I never saw this Man there in my Life.
Lyon. I have been at Mr. Richardson's Office an hundred Times. ( Here the People at the Greyhound appear'd )
Q. Do you know one Wells, a Butcher?
Broughton. No. If that is the Man, I don't know that I ever saw him in my Life before.
Q. Can you recollect that any such Persons as these, were at your House the 23d of July? Do you know one Foiler of Essex?
Broughton. No, but I can tell by my Books, whether such a one paid for a Bullock: I take the Money, and set it down in my Book, for the Grasiers: they don't take the Money themselves; I have my Book, at home, and the Man must tell me who he bought the Bullock of: I don't remember that ever I saw these 4 People in my Life.
Broughton's Servant. I know nothing of any of them. I cannot recollect that any Persons sat at our House that Day 4 or 5 Hours about selling a Bullock.
Q. Do any of you know Foiler?
Mr.Maynard. I have known the Prisoner 20 Years, he is a Butcher in Newgate Market, he has a bad Character, and is a reputed Highwayman. I know nothing of Foiler, if he is one that useth the Markets, I should have known him.
Q. (To Broughton) Do you remember you had any Company on the 23d of July, that staid in your House 4 or 5 Hours from 11 o'Clock?
Broughton's Man. Nor I. ( Here the Books from the Greyhound, and the Hostler were sent for.)
Mr. Maynard. The Way of paying Money in Smithfield is thus, the Money Taker receives the Debt the Master does not give the Receipt, but the Money Taker gives it; 'tis set down in his Book, and he gives the Receipt.
Q. (To Wells) Where does Foiler live?
Wells. In the Hundreds somewhere. ( The jokes are produced. )
Broughton. On the 23d of July, I have but 2 Beasts sold, in my Book; and here's none of Foiler's Name.
A Juryman. If the Money had been paid in your House, should you have enter'd it in your Book?
Broughton. I should, if it had been paid to me: but there is another who takes Money at my House, and he lives in the Burrough,
Hostler. I have liv'd at the Greyhound ever since Candlemas; I don't remember that ever I saw any of these People before.
Another Witness. Wells I am inform'd harbours these Sort of People, he keeps a Butcher's Shop, and publick House at the rising Sun, at Enfield Wash.
Wells and his Wife, Story and Lyon were committed to Newgate. Bonner Guilty . Death .
42, 43. William Smith and William Swain were indicted for stealing a leaden Cistern, value 2 l. 10 s. and one leaden Pump Head, value 10 s. fixed to the Freehold of Thomas Morgan , Esq ; August 19 . Both guilty .
44. John Warwick , was indicted for breaking and entering the House of Thomas Sayer , about the Hour of two in the Afternoon, and stealing a Bureau, value 40 s. 11 Chairs, value 35 s. a Stove Grate, value 30 s. 2 Pewter Dishes, value 2 s. 18 Pewter Plates, a Culender, 2 feather
Elizabeth Sayer . On the 23d of December, 1734. the Prisoner came to my House in St. Clements's Church Yard, in the Strand ; (where I had liv'd 19 Years) and took a Lodging, to put his Goods in, which he expected would be seized by the Sheriff, on Account of some Recognizances: on the 20th of April. (Sunday Morning) he knock'd at the Door; I had no body in the House then, but 2 Children about 8 or 9 Years old; he was let in, and he went directly to my Bureau, call'd me Bitch, and said if I took the Law of him, he would cut my Throat, or get 50 People to swear my Life away; he then took away the Gold Watch, and the Diamond Ring, and a Bank Note of 40 l and 5 Shirts of the Orphans.
Q. What Pretence did he make for this?
Sayer. None at all; he took them violently. And on the 24th of April, he arrested me in an Action of 140 l. tho' I never had seen a Farthing of his; and while I was at the spunging House in Grocer's Alley, my House was broke open, and all he Things mention'd in the Indictment, were taken away. I could not prosecute him sooner, because I have been in Custody; and when I had my Liberty, I heard he was gone to Holland.
Councel. Pray did not you keep a publick Coffee House; and did not the Prisoner, and you live together as Man and Wife? did not you both receive Money of your Customers?
Sayer. No: he was only my Lodger; I kept the House in my own Name.
Councel. At whose Expence was the Coffee House fitted up? Did not he pay the Money?
Sayer. He did pay a Man in the Name, and for the Use of Elizabeth Sayer. I always gave him the Money, he never paid any Money of his own for me.
Councel. I ask you if he did not pass for your Husband?
Sayer. No, never. He had a Wife in Sheer Lane.
Councel. Why did he lodge at your House then?
Sayer. He took a Room to screen his Goods, and he would lodge there himself, as it was his own Lodging.
Councel. I ask whether this Quarrel did not arise from his reprimanding you about your Daughter's keeping Company?
Prisoner. She sold her Daughter's Maiden-head to one Major Lewis of Deptford for 100 l. he is since a Bankrupt, and she got none of the Money. She pawn'd a silver Spoon of mine to buy a pair of Sheets, she pawn'd even her own Looking Glasses. She says she did not know where to find me before; but my Lord, she was on the back of a Bill last Sessions as a Witnes against me for a Conspiracy against one Drinkwater, and this Drinkwater has charged my Wife (while she was attending on me here) with a Robbery, and she is taken into Custody by one Hicks an Officer.
Drinkwater. In the Year 1734, I was Servant for about 6 Months to the Prisoner as a Drawer. - Hicks the Constable was call'd.
Q. Who gave you the Warrant to take this Woman into Custody, while she was attending her Husband.
Hicks. This Man was one: There was 2 Men and 2 Women with him.
Warwick's Wife. I saw Drinkwater give it the Constable, and then he took hold of my Arm.
Drinkwater. I was Drawer at Warwick's House in Sheer Lane; he kept a very Disorderly House. Sayer came to him to advise with him about her Administring, and he advised her to make a forged Will, and asked me if I had a Will of any bodies, to make it by: but I would not be concerned. Afterwards he said, one Day, G - d d - n this silly Bitch, she has got Money, I must contrive to get it from her; I will get a Lodging in her House, make her drunk, and so get it from her; Good by Molly, says he to his Wife, I must go from you for 6 Months, to get the tall Man's Effects from the Bitch. What will you do with the Children say'd she: I'll send them to Sea, says he, so the Prisoner and his Wife parted, that he might rob the Woman.
(The Court order'd Drinkwater into Custody, for taking his Wife while she was attending her Husband's Business in the Court; and the Constable was reprimanded.)
James Smith . When my Mother was out, Joyce and Warwick came to the Door Joyce open'd the Cellar Door and got into the House, and let Warwick in; then they got Porters and carry'd off all the Goods, in Baskets and Sheets.
Prisoner. Ask the Boy if he has not seen me in bed with this Woman?
Smith. No, Sir. He had Goods of his own in the House once; but they had been seized and were gone before this.
Alexander Miller 's?
Warwick. I can produce the Man that made the Diamond Ring, and all the Rings she had: the other Goods were my own: the Sheriff seized them on an Extent; a Man bought them afterwards of the Sheriff. Here is the Bill of Sale, and I bought them again of him.
Mr. Cook. I heard Drinkwater say, his Head and Pen were at work to get Jack Warwick hanged or transported. I know he and Sayer liv'd together as Man and Wife. He call'd her my Dear, and she call'd him so: nay, she has shewn me the bed, that her Johnny and she lay in. I saw some Diamonds they had to sell, and says she to him, Johnny as we can't sell them, you shall have a Ring, and I'll have a Ring, and the Girl shall have a Ring; it was he alter'd the House, and paid several Workmen.
Mr. Martin. I was told that Warwick had Goods in this House, and that the Sheriff's Officers had seiz'd them, as his. I found it was so, and I bought them again of the Sheriff's Officers for my self; but Warwick applying to me for them, I sold them to him again for the same Money I had paid, so the Goods were never carry'd away.
Warwick. Ask if I did not pay 3 Guineas for the Ring?
William Martin . I was a Stranger to Warwick before he brought the Action against this Woman. I took her then to be an honest, industrious Woman; however, she has order'd it since. When she was in the spunging House, she sent for me; I told her I would see Warwick. and know his Demands. He told me he had disbursed Money on her Account, and would release her, if she would pay some Debts on Account of the House, which amounted to 11 or 12 l. She offer'd me the Lease of her House for Security, if I would pay this Money; I paid the Money, and had the Key of the House to take Possession; she desired me to take care of her Goods, and I went accordingly to the House, supposing I should find it lock'd up, but I found Warwick there, and he told me he got in at the Cellar Window; the Goods were taken down; some were carry'd away before I came, and some, while I was in the House. Warwick told me then, he had the Woman's Authority for what he did, and that he was to take care of the Goods. There were some Things in the House, not proper to be broke down; he would do it, and rather than I would dispute with a Man of his Reputation. I paid him 48 s. to prevent it.
John Thompson . I carry'd Warwick and Sayer by Water, to see a Horse he had at Grass: after they were got home, they sent to know if a Case of a Watch was not left in the Boat; I searched, and sent word I could not find it, after this, her Daughter came to me, and said, Mr. Warwick was very kind to her Mother, and bid her not fret about it, for she should wear her's (the Daughter's) 'till he gave her another.
Another Witness. I was at Warwick's House in St. Clement's Church Yard, 2 Years ago about altering a Watch, and the Woman said, when it was done, it would make her Jackey a good Watch.
Q. Is there any one will give you a good Character: you give your self a very bad one?
- Sidley. I have dealt with Warwick, and he paid me for what he had. I never knew he was a Thief before. Acquitted .
45. * Alexander Raitt , was indicted for stealing 2 silk Aprons, 3 silk Hoods, one yard of Padesoy, 1 Burdett Gown and Petticoat, 1 flaxen Sheet, 2 Napkins, 1 Table Cloth, a Muslin Handkerchief, 6 Cambrick ditto, 2 Muslin Aprons, 5 Suits of Cambrick Headcloaths, a pair of Cambrick Ruffles, with sundry other Goods; a Portugal piece of Gold, value 36 s. and 5 Guineas , the Goods and Money of Patrick Smith , May the 16th . Acquitted .
46. 47. Sarah Jones and Mary Smith , were indicted for assaulting (with Margaret Brown , Mary Maldock and Sarah Cox , not yet taken) John Guy , in the Dwelling House of Edward Whitcher , and taking from him, one silk Handkerchief, value 3 s. and 17 Guineas, the Goods and Money of the said Guy , August the 4th .
John Guy . (A Negro) I was just paid off from the Ship Newcastle, and walking along Rosemary Lane , between 4 or 5 o'Clock I met 2 Women; I asked them for a Lodging, they bid me come with them: I went with them to Whitcher's House, and we had some Salmon and Punch and a quartern of Brandy? Then I went to bed, and one of the Women came to bed to me, tho' I would not let her: The oldest of the Prisoners pull'd up her Coats, and bid me look at - and told me it was as black as my Face, &c. &c. - I would not do it, but went to sleep, and when I waked I found all my Money gone. One of the Girls own'd before Justice Farmer, that 8 Guineas and 4 s. of my Money was divided among them.
Guy. Why Mary you know, you took my Breeches from under my Head.
George Fulham . These 2 Creatures own'd before the Justice, that they had divided 8 Guineas and 4s. and that Whitcher had the best part of it. Jones said in New Prison, if we would let her out, she would tell who had most of the Black's Money.
The Prisoners in their Defence, said the Black gave them the Money. Acquitted .
48. Elizabeth Powel , was indicted for stealing 2 Camblet Gowns, a Linnen Apron, a Shift, a pair of Bodice, a pair of Shoes, and other Things , the Goods of William Reynolds , August the 6th . Guilty .
52. Richard Bishop , was indicted for stealing 12 Ounces of Silver, value 3 l. 4 s. the Goods of Joseph Steward ; and Samuel Mitchell , for receiving 2 Ounces of the same, knowing it to be stole . March the 1st . Bishop guilty 10 d . Mitchell guilty .
53. William Gunnel , was indicted for stealing a China Punch Bowl, value 5 s. a Delf ditto, value 12 d. a Copper Tea Kettle, value 18 d. 2 Prints fram'd, value 2 s. 1 Quart of Brandy, value 2 s. 2 Quarts of Rum, value 4 s. a Quart of Madera Wine, value 18 d. the Goods of Stephen Dicker , in his Warehouse , August 20 . Acquitted .
54. John Jones , was indicted for breaking and entering the House of Charles Davis , between the Hours of 3 and 4 in the Night, and stealing 5 Wainscot Boxes, value 2 s. and 6 d. 12 lb. of Tobacco, value 24 s. and 9 lb. of Candles, value 3 s. the Goods of the said Davis , September 7 . Acquitted .
The Prosecutor not appearing, the Prisoner was acquitted .
57. George Adams , was indicted for stealing a Camblet quilted Petticoat, value 5 s. the Goods of Sarah Sharp : and a Damask Napkin, 4 Towels, a Cambrick Handkerchief, some Books, and other Things, the Goods of James Shovell , August the 16th . Guilty .
The Prosecutor not appearing, the Prisoner was acquitted .
61. Mary Taylor , was indicted for stealing a Pewter Plate, value 10 d. a linnen Clout, value 12 d. the Goods of William Cotes ; and 2 flaxen Aprons, value 12 d. the Goods of Sarah Lambert , August 23 . Guilty .
65. Elizabeth Chesterman , otherwise Betty , was indicted for stealing a pair of linnen Sheets, value 2 s. and 6 d. a Box Iron, value 6 d. an iron Heater, value 1 d. a Blanket, value 2 s. a Pail, value 6 d. the Goods of John Appleton , in her Lodging , August the 5th .
It appearing the Prisoner had a Husband, she was acquitted .
67, 68. Diana Street and Elizabeth Studder , were indicted for breaking and entering the House of Amy Fletcher , about the Hour of two in the Night, and stealing a Copper Coffee Pot, a brass Mortar and Pestle, a brass Candlestick, a Piece of Holland, and a Pewter Spoon, the Goods of the said Fletcher , August the 10th . Both guilty of Felony only .
69, 70. Elizabeth Burroughs , and Bryan Carney , were indicted, Burroughs for stealing a silver Watch and a silver Chain, value 4 l. the Goods of William Orr ; and Carney for receiving the same knowing it to be stole , August the 4th .
William Orr. My Lord, and you Gentlemen
Q. 'Tis not usual Sir to read a Testimony; you may use your Papers to refresh your Memory, but it has always been the Custom for Witnesses to give their Evidence, Viva Voce.
Orr. My Lord, I will endeavour to do it. August the 4th at Night, I came to the Hamburgh Coffee House in Drury Lane . I lost a silver Watch value 4l. After a pretty long Walk, coming to my Lodgings in Clare Court, near Covent Garden, at this Coffee House I call'd, not knowing the Character of the House. I stay'd there to refresh my self, and had a little Punch. I paid my Reckoning, was coming away, but being a little grip'd. I call'd for a small Dram. (Reading.) I committed my Thoughts to writing, having time to do it, and am better able to express them in that Light; and I humbly conceive (my Lord) it will set the matter clearer. I put my Hat and Watch upon a Chair, in the Room where I was sitting.
Q. Was it a publick Room?
Orr. It was a publick Room: The following Part of my Declaration, will shew both where it was, and how. Being a little grip'd, I call'd for a small Dram, and then a Girl came up.
Q. Did not you say you was in the Publick Room?
Orr. It was a publick Coffee House, I made no scruple of going up Stairs, because I've known such Houses to have Rooms above, for reading News, and private Letters. I was in a private Room; tho' I don't know but all the Rooms are publick in some sort. On calling for a Dram, the Prisoner came up Stairs, I bid her make haste, and fetch it to me. My Watch and Hat were lying by me then upon the Chair between me and the Door. The Girl took up my Watch, and run down Stairs; immediately I follow'd her, and took hold of her at the Foot of the Stairs, and demanded my Watch. She desired Money before she'd give it me; first half a Guinea, then a Crown, then Charity because she was poor. I judg'd a Prison or a Workhouse fitter for her than that. There was no Bed in the Room, and I can assure you, on all the Principles of Honour, I called there thro' Innocence and Ignorance. Ignorance with Regard to the House, and Innocence with Regard to myself: I called for my Watch, none answer'd; I contested with the Girl, in Order to have my Watch again. Carney was near her; whether she deliver'd it to him when I came down, or how it was convey'd from her, I know not. That Night I thought it expedient for me to go away, but I came again next Morning. I desired the Mistress of the House to get my Watch again, or I would have a Warrant, and take them all up. She said she knew nothing of the Watch, or who the Person was; but afterwards she own'd the Man, her Servant; the Girl an Attendant on some Occasions. I had a Warrant on Suspicion for the Woman of the House, but when the Constable came, not a Woman in the House was there. I came several Days after to find my Watch; Carney, the now Prisoner at the Barr, said he would see, and help me to it, in a little Time. A Day or 2 after this, I came again, to see if he had any Notice of it. He said 'twas pawn'd for a Guinea and a half, and that with 18 d. would soon redeem it. I desired him to carry me to the Pawnbrokers, that I might be sure it was my own, then I'd redeem it. He said then I might swear Felony against the Pawnbroker, and would not do it: saying, he would fetch it in 3 Minutes Time. This made me suspect he had a hand in detaining the Watch. He said he had seen the Girl, and she had put her self in better Order, and had bought Cloaths with the Money, commending her for her Industry. On this, my Lord, I brought the Constable to take the Mistress of the House, and Girl if found. I charg'd the Constable with the Prisoners at the Barr, and carry'd them to Justice Midford, and he on the Evidence given, thought proper to commit them. A few Days afterwards, the Watch was found at a Pawnbroker's, pawn'd in Carney's Name for 6 s. I gave the Constable the Marks, by which with Certainty he might know, if it was mine: we found it so; I went to see it, at Mary Barret 's. Upon the Back was stuck a Paper, Carney 6 s. This appears both by the Paper and their Books. The Girl, my Lord, was found and taken up by Warrant, and she own'd, taking the Watch, in the manner now related. Captain Midford , the Constable, and others, knows she own'd it. She fell upon her Knees and begg'd she might not be sent to the same Prison with him, for fear he should knock her on the Head, for being an Evidence against him.
Carney. Ask him upon his Oath if he did not leave the Watch with the Woman for 6 s.
Orr. Upon my Oath I did not.
Burroughs. He pick'd me up in the Street, at the End of Princes Street in Drury Lane.
Carney. Ask Mrs. Barret if she did not tell me, I might have a Guinea upon it, and whether I
Barret. Yes, 'tis very true.
Orr. Did not you (to the Pawnbroker) own, that he pawn'd it at twice for 3 s. and 3 s.
Orr. When did he pawn it?
Barret. I cannot tell the Time.
Orr. Was it Night or Day?
Barret. It was one Morning in August.
Arnwood Hawkins . I went to serve the Warrant upon Burroughs, at the Coffee House, but when we came there the Girl was gone. I bid Mr. Orr charge me with the Fellow; he did, and I carry'd him before Justice Midford, and there he say'd he knew nothing at all of it. I enquired of the Pawnbrokers in th' Neighbourhood, and found it at Barret's. The Woman of the House directed me to find Burroughs in Lincoln's Inn Fields; I took her and carry'd her before the Justice; there she own'd that Carney took the Watch from her, and when she desired him to let the Gentleman have it again, he d - d her for a Bitch, and said he should not have it.
Q. What is your Business, Sir?
Orr. I am a private Gentleman.
Carney. Ask the Gentleman if he is not a Parson?
Orr. I don't see that will affect the Cause at all; I am a private Gentleman.
Carney. A Clergyman may be a private Gentleman: I desire he may Answer?
Orr. I don't conceive he has a Right to that: I have the same Right of Prosecution if I am, or am not.
Q. He has a Right to enquire, and if he insists upon it, you must answer his Question, you hear Sir, what it is.
Orr. I am not a Clergyman. I live in America: I have been here 3 Months, and this Fall I return to America again.
Burroughs's Defence. I was coming up Drury Lane about 9 o'Clock at Night, and at the Corner of Princes Street, that Man stopp'd me, and ask'd me, if I would drink a Glass of Wine: Thank ye, Sir, says I, so he carried me to the Hamburgh Coffee House in Drury Lane; we went up Stairs; and he called for a quartern of Brandy; we staid there some Time, and then we called for a Bottle of Cyder: Then he told me if I would have some Concerns with him, he would make me a Present: After this he pull'd out his Watch, and having no Money to pay the Reckoning, he gave me the Watch to pawn for 6 s. there being no Body else in the House, I gave Carney the Watch to pawn for him; he went and brought 3 s. what do you bring this for? says I, you should have brought 6 s. I thought, says he, you said 3 s. so I sent him back for 3 s. more; he had 1 s. for Porterage, the rest of the Money was paid into the Gentleman's Hand. And the very next Morning he came and demanded his Watch.
Anne Cooley . I was standing at the Hamburgh Coffee House Door. and I saw the Prisoner ( Burroughs ) and the Prosecutor go into the House; she call'd for a Candle, and they both went up Stairs together. They call'd for a Quartern of Brandy; Mary Clark carry'd it up; then I went away: In about an Hour's Time, I came again, and saw the Prosecutor talking to Mrs. Hill at the Barr, and they were both drinking Punch. Next Day he came for his Watch, and says he to Carney, Young Man do you know where the Girl lives, that I was in Company with last Night? Carney said he did not know justly, but would endeavour to find her out; I shall not mind (says the Prosecutor) giving her the Trifle of Money, but the Watch I value, and would not part with it for 20 l. Carney said he was sure the Girl would give him the Watch again, when she saw him.
Q. Who are you? (To this Witness.)
Cooley. I keep the Bar at Hill's Coffee House in Drury-Lane. Mrs. Hill is out of Business now, when she settles, I shall keep her Barr again.
Mary Clark . I am Servant to Mrs. Lee at the Hamburgh Coffee House; the Prosecutor and the Prisoner came in about 9 o'Clock: the Girl came in first, and the Prosecutor follow'd her. He called for a Room: I took a Candle off the Barr, and li't them both up Stairs; he call'd for Wine, then a Gill of Brandy, I carry'd it up my self, 'twas Cherry Brandy: I came down, and in some little time the Bell was rung again; I went up, and he spake for 18 d of Punch: I left them an Hour or better; then he called for Cyder, and then a Gill of Brandy, then call'd to pay, and the Reckoning was 3 s. and 6 d which he gave me. Then they both came down Stairs; and my Mistress being gone to a Neighbour's Mrs. Hill took care of the Barr, and the Prosecutor went up to the Barr, and spoke to her: they had a Tiff of Punch, and drank it at the Barr, Hill, Burroughs and the Prosecutor. Then Burroughs and he went up Stairs again, and they had 18 d of Punch again; I carry'd it up, and heard him ask Burroughs if she call'd to stay with him all Night? Yes, says she, if you'll make me a Present, but not else. He said he would not desire any Woman's Company for nothing: what he had was little, but he would make her amends some other Time: he pull'd out 3 s. and 6 d. and some Half-pence, but the Girl did not care to oblige him for that: he had a silver Watch, (he said) which he would leave at the Barr, for half a Guinea; the Prisoner told
Carney. Ask her whether she did not see the Prosecutor put the Watch into the Woman's Hand to pawn that?
Clark. I was in the Room, when the Watch was in her Hand, but I can't swear he gave it her. She hold it publickly in her Hand, and after that, I saw it lie on the Table.
Orr. Ask her (lest she should play the Jesuit) whether she saw the Watch in the Girl's Hand, up Stairs or below.
Clark. Up Stairs.
Orr. Ask her whether I did not hold the Girl by the Coat, and demand my Watch?
Clark. I did not hear him demand it at all.
Sarah Hill . On a Thursday Night, in the latter End of August, the Woman Prisoner, and the Prosecutor came into this Coffee House: the Woman first, and he follow'd her immediately; they both desired to be li't up Stairs; Mary Clark li't them up, and they call'd for Liquor, but I did not mind what: They staid an Hour, or an Hour and half: Then they call'd for the Reckoning and paid it. The Woman of the House being sent for out, I look'd after her Barr, and in a little Time, the Woman and he came down Stairs: He stopp'd at the Barr, to speak with me: He asked me to drink a Glass, of Punch with him; I said I would if he pleased, so he desired me to make it. He told me he was a Foreigner, a Crelian and asked me to drink a Dram, after the Punch; we drank a Glass of Rack, and for Punch and Rack, he paid half a Guinea. He told me he had now but little Money left, but says he, I don't live far off. I told him the Servant should call him a Coach. and told him London was a sad Place - if he had no Money: Madam says he, I will not have a Coach, nor will I go home: Tho' I have not Money, I have Money's worth, and if you'll give me your Company to Night, I'll leave my Watch with you, 'till next Day. I said, I never went with any Gentlemen farther than the Coffee Room, and never took Pawns on such Accounts; he importuned me: Said he liked me better than the Girl, and if I would consent, he would give me Satisfaction: He begg'd of me not to be so unkind; but I refusing, he said, well, I must return to my former Girl: I left that to his Discretion, and up Stairs he carry'd her again, and staid half Hour: Then the Prisoner came down a Step or two before him, and in the Coffee Room, he took hold of her and said he would have his Watch again: She said with all her Heart, if he would give her the half Guinea he had promis'd her. He call'd her Hussy and Slut, and said he would not stay with her all Night; No matter that for says she; you have had my Company, and shall be as good as your Word. He took fast hold of her Coats, and said she should not go. Well says she, if you won't stay with me all Night, give me a Crown. He would give her nothing, and would have his Watch too. I thought he would have torn the Cloaths off her Back. I asked him how he could use the poor Creature so unkindly, To have her Company and give her Nothing: Says I, if I had given you mine, I suppose you'd have serv'd me so. I threatned to call the Watch, so they both went out of the House together; but, it seems, he let her go, and came back to the Woman of the House and insisted on her making good his Watch. After many Words he went away, and came again the next Day, or the Day following, and enquired after the Girl: I told him he look'd like one that would take more care of his Conscience, than to charge her with Felony, when he had had her Company, and when he knew he had offer'd it me upon the same Terms. He said he had been put in a right way, and if he had not his Watch again, he would swear a Robbery against us all.
Orr. My Lord, I humbly conceive, as she can swear so well, that she will answer some Questions as well.
Burroughs. Pray, Sir, did not you lye with me? - Upon your Oath.
Orr. Upon my Honour and my Oath, my Lord, I did not.
Burroughs. My Lord he did, against a Chair.
Orr. I touch'd her no way on the Face of the Earth, except when I laid hold of her Petticoats; and upon my Honour and Oath, I made no offers to Hill, nor did I drink any Punch at the Barr. (To Hill ) was I drunk or sober, Madam?
Hill. I took you to be sober; you talk'd in the same serious manner, that you do now.
Thomas Archer . I was at the Hamburgh Coffee House one Sunday Night, and this Gentleman came in and said he had left a Watch with a Girl for a Trifle; what it was, or who she was, I could not tell; but he said nothing of its being stolen: He desired Carney the Waiter to get it again, or find the Girl out, and he would make him any reasonable Satisfaction.
Orr. My Lord, I have a Person to prove that upon the Difficulty of this Prosecution, they said the would produce People who should Rapp fast enough
A Witness. I was talking to Barret about the Watch she had taken, and she said, I wish as well off on Account of that Watch. a with this (Mr. Orr's) for I have heard some say, they could find People enough to R
Barret. I said, I wish'd I was as this 6 s. Watch. Burroughs Guilty, Felony only Carney Acquitted .
Robert Edwards , putting him in fear and taking from him, half a Guinea, and 9 s. 6 d. (Both Acquitted .)
75. John Latour , was indicted for stealing a silver Cross set with Diamonds, value 80 l. the Goods of John Guider de Miranda , Esq : commonly called Sir John Guider de Miranda of Portugal, Knt. August the 25th . The Prisoner demanding a Party Jury, the following Persons were sworn.
Thomas Scott , Anto Pratt , Val Arnold , William Clarkson , Tho Abbot , Wm Street , English, Paul Hussey , Paul La'marie , Peter Amiot , Samuel Aveline , Paul Crispin , Tho Collard , Foreign. (Interpreters were sworn for the Prisoner and Prosecutor.)
The Rev. Mr. Charles Brockwell . The unhappy Gentleman at the Barr, was recommended to me, on his first coming to England to learn English. I live at Chigwell in Essex. On Saturday the 28th of August, he was in London, and a Person came down to me, with a Letter without a Name, as from the Prisoner, for some Papers; he told me he had got the Key of his Room; but as there were Things of value in the Room, and no Name was to the Letter, I sent for a Neighbour, one Cotton, who keeps the Stage Coach, and we all went up; the Messenger found the Paper, so we locked the Door and gave the Key to the Messenger; this was Saturday Night; and on Sunday Morning about 6 o'Clock, Major General Franks and Stephen Moreau , came down to search his Room for a Diamond Cross; he broke open the Door, and they felt in the Pockets of the Cloths which lay in his Bed. I told them, there could be nothing there, for I had searched there last Night for some Papers, but (I told them) there were more Cloaths in the Press; we open'd it and searched a pair of Black Velvet Breeches, with Gold Buttons, and out of one of the Side Pockets, the Jewel was taken.
Q. When did the Prisoner go to London from your House?
Brockwell. The Monday before; he had been about a Week in London.
Q. Had you searched those Breeches (in which the Cross was found) the Night before for the Papers?
Brockwell. I looked no farther than into the trunk, for the Messenger found the Paper he wanted taking within some Tape, the inside of the Lid.
Q. Had you any Directions in the Letter, where the Papers were to be found?
Q. Was the Letter, the Prisoner's own Hand writing?
Brockwell. I cannot tell. (The Prisoner own'd it .)
Prisoner. I sent this Letter, in order to have a Bill of Exchange delivered me out of the Trunk, but the Paper the Messenger took, was only an Order for Post Horses. (Clerk reads the Letter.) At Chigwell, Essex, For Mr. Brockwell. I desire you to go into my Room, and give the Bearer the present Paper.
Brockwell. I did not know what Paper it was, nor the Man neither; but this being the first Paper I li't of, I read it to him, and he said, this is the Paper; and away he went. He told me the Gentleman was under Misfortunes, and in the Gatehouse, and that Paper was to let the World know, who he was. He told me the Prisoner desired me to come up next Morning to bail him; so I did not give the Man the Paper, but thought to carry it up my self: next Morning General Franks and Mr. Moreau finding the Jewel in his Breeches, prevented the Delivery of the Paper.
Q. When did he wear those Breeches?
Brockwell. I don't know; he had such a variety of Cloath, that I cannot remember.
Prisoner. Has Mr. Brockwell ever observed any thing blameable in my Behaviour or Conduct?
Brockwell. No, never; he always behav'd like a Gentleman.
Stephen Moreau . The Prisoner and Sir John de Miranda , both lodge in my House; I hear in the Morning at Eight o'Clock the 26th of August, his Excellence complain he lose his Cross; he speak very low to his Servant, but I hear: and I went to him, in his own Chamber, and I ask, when he saw it: he say the very Morning before: he tell me he saw it: just the Day before, the 25th, when I went to the Races at Barnet: I ask him, who was in the Chamber? He say, none but Monsieur Latour. I ask, have you Suspicion, he took the Cross? He say. I open my Bureau, he ask for a Paper there. I leave de Bureau open, and go into mine Chamber to dress. When I came back, he ask me to walk in the Park; Sir John tell me, between the Time he was gone to dress, Monsieur Latour take the Cross. So he go to General Frank, and tell this General Frank come at 10 o'Clock at Night, the 26th, and persuade his Excellence to take Warrant immediately: the General and his Excellence go to Justice Cotton, he grant a Warrant; this was Friday Morning. The Prisoner went to Chigwell that Night, came home again on Saturday Morning. I ask him if he have been at Chigwell? He tell me No. I find he changed Stockings, Breeches, Wastcoat and Wig. I ask him if he have Cloaths in the City, and he tell me, yes.
Q. What Cloaths had he on when he went to Chigwell?
Moreau. Green Coat, Flannel Wastcoat, Velvet Breeches, and gold Buttons: this he had on when he go from my House the Friday Night, 5 o'Clock, and he come home in plain Breeches, no gold Buttons.
Brockwell, I was not at home, but I heard he had been there.
Q. To Moreau. Did you see him on Saturday Morning with plain Breeches?
Moreau. Yes; before I go to the Races, he come home, between 9 and 10 in the Morning.
Q. How came you to take such particular notice of his Breeches?
Moreau. He come home, with the same Coat, not the same Wastcoat, and different: Breeches; I ask him whether he have been at Chigwell? He tell me no; but then he take me into the Yard, and say to me, I have been at Chigwell, you not say any Thing of it; and he give me 3 l. 12 s. to change; I sent to change it, and he pay me some Money, he owe in the House. I am ver' sure they were plain Breeches, and they was tore between the Legs. the Breeches he had on before was not tore. I say nothing to him, because General Frank and his Excellence was gone to the Councellor, to take him up. At Night my Wife tell me, he was took up, in the Gatehouse; I go to him, and come home, and tell the General; he go to Chigwell, but he say, Moreau, you say nothing of that; so General Frank have a search Warrant to search his Cloaths at Chigwell; (before the Justice, he deny he was there,) and his Excellence being weak, not go himself, but desire me to go with the General; we had search Warrant back'd by Justice Gold, and we come to this Gentleman's House, at 6 Sunday Morning; he tell us the Messenger was gone, and not take the Paper, and he shew us the Paper, and it was only about Post-Horses from Calais, and his Name not in the Paper. We desire Mr. Brockwell when he come at 6 o'Clock Sunday Morning, to let his Room be search; so he broke open the Door with a Hammer, and when we come in, he say, all these Cloaths I search yesterday for the Paper; and by and by we come to the Press, the Parson take the Breeches from the Press, and he throw'd them on the Bed; these are the Breeches, I say, and I feel about, in this manner, and put my Hand so, - and I feel something, and I say here is something, and I put my Hand in the Pocket, and take out the Cross - just so - a few Days after he was in the Gatehouse, he sent an Attorney, to ask for one Bill of Exchange that was in his Pocket; I say, the Gentleman is mistake; the Gentleman, the Attorney, he say, it was in the Breeches, so we look in the Breeches, and we find this Paper, a Bill for 70 l.
Brockwell. I know nothing of this; they took the Breeches, and the Cross away with them.
Sir John Guider de Miranda . I went to shift my self (I cannot name the Day) and left the Prisoner in the Room. I remember I took a Paper out of the Bureau, and left the Key in it; the next Day I missed the Cross; I went with General Franks to an Attorney, got a Warrant, and found it in the Prisoner's Pocket.
Prisoner. Did not Moreau, and his Servants frequently came in your Chamber?
Sir John. No. I apprehend no one could go into this Room but the Prisoner.
Prisoner. How long was it left open?
Sir John. Only while I went into another Room to shift me.
Another Witness. I was in the Country the Night Latour came down; he came on Horseback, without Boots; about 7 or 8 o'clock, he sat down to Supper, but seemed very pensive, and did not eat; he said he came for a Bill of Exchange, and next Morning he rid to London. I took no notice of his Breeches but he came down in whitish Stockings, and next Morning went up in dark Gray. I was present when the Cross was took out of his Pocket; and the Account that has been given, is exactly true.
Q. (To Brockwell) Did you, or this last Witness lay Hands on the Breeches, and feel them before Moreau?
Brockwell. No; no one felt them but he.
Q. Was your Eye fixed on them from the Time you handed them to the Bed, 'till Moreau took the Cross out?
Brockwell. I think it was.
Q. Do you think it was not possible for any thing to be put into the Breeches?
Brockwell. I cannot answer that; I have seen many things done by Legerdemain.
Q. Did the Gentleman want Money then?
Brockwell. I believe he did; for he had been 3 Months at my House; and when I asked him for Money, he had none.
The Prisoner gave a long Account of his first coming to England, and that his Acquaintance with Sir John began in Moreau's House, where they both lodged; that the Morning the Cross was lost, there was a Master of Languages in the Room with them; and when he opened his Cabinet to take out the Paper, he said he would leave nothing in it, because Moreau was a Rogue, and had a false Key.
Sir John denied this; and being asked if he had any suspicion of Moreau, he said, no.
Prisoner. Sir John has said so, in the Presence of a Man that lodges at Moreau's, and who came with him this Morning to this Place.
Moreau. I do not know the Man's Name, nor where he is.
Several Persons appeared to Moreau's Character, as an honest Man.
Prisoner. I was not left in the Room, but went with Sir John into his Dressing Room. Sir John dedenied this.
The Reason the Prisoner gave for his Journey to Chigwell on Friday Night, was to satisfy Mr. Brockwell about Money due to him; and he informed the Court, that he could not make a proper
Mr. Compton. My Clerk told me, such notice was sent; and I was much surprized when I found Mr. Latour was called to his Trial; if I had known it, I should have feed Serj Haywood. I had Instructions to call a Person, who was to speak to Moreau's having a false Key, if I had been prepared.
Q. When was this Prisoner committed?
Keeper of the Gatehouse. The Commitment is dated August the 27th, which was on a Friday; he came into my case the Night of the same Day, about 10 or 11 o'Clock.
Q. Moreau swore he was at Chigwell that Night.
Prisoner. 'Tis a little odd, that they should not search my Boxes in Town, before they went down to Chigwell.
Moreau. They were searched, as I have been informed; I was not at home.
Prisoner. They demanded 200 Guineas of me; then they fell to 100, then to 50, and there the Matter stuck. Acquitted .
78, 79. George Sealey and Thomas Freeman ; were indicted, Sealey for committing the horrid and detestable Sin of Buggery , with the said Freeman; and Freeman for wickedly and wilfully consenting, and permitting the said Sealey to commit the horrid Crime aforesaid , March the 5th And,
Thomas Freeman and George Sealey were indicted, Freeman for committing the said horrid and detestable Crime with the said Sealey; and Sealey for wickedly and wilfully consenting and permitting the said Freeman, to commit the horrid Crime aforesaid, March the 5th.
Thomas Palmer . I am a Butcher in Newgate Market; going home thro' the Bell Inn, I saw Mr. Freeman and Sealey together in the Yard; Freeman call'd out to me, and asked me if I would go and drink a Glass of Wine: I said, I did not care if I did. He took me to one side, says he, this Sealey has got a good deal of Money, if you'll play a Game at Cards, I will go your our halves: We went directly over to the 3 Tuns next the College of Physicians, and call'd for a Pint off Wine: We drank half a Glass a piece; then they two went out into the Yard by themselves, stay'd there 4 or 5 Minutes, then they came in again and asked for a Candle: This was about 1 or 2 in the Afternoon, and on the 5th of March last. The Candle they said was to go down to the necessary House, and their going down to the Vault together, made me think they were gone to contrive how to win my Money: I wanted to hear what they were saying to one another, so I went softly down, and got almost down to the Door, within a Step or 2 of the Vault Door; and I heard Freeman say - here he used an Expression which implied a Sodomitical Intention; but there being a Candle in the inside of the Vault. I went nearer, and put my Eye to a Crack in the Door, and I saw Freeman bending; his Knees were on the Ground, or very near; one Hand by the Side of the necessary House, his Breeches down, and his Shirt up, that I could see half way up his Back. Sealey had his Breeches down. - (Here he mention'd several Circumstances shocking to Nature, not fit to be repeated.) I was frighted and walk'd up Stairs softly; I ran into the Market, and call'd Freshwater; we ran back again, and William Vincent seeing us run, follow'd us; Freshwater went down Stairs, and he will tell you, what he saw. The next Morning I went before Alderman Billers, and got a Warrant for them.
Q. Give an Account of the Situation of the Place?
Palmer. The little House wants a Step or 2 of the Bottom of the Cellar, and the Door opens directly fronting the Seat, and except they have alter'd it, there is a Crevice down the Middle. With respect to me, they stood Side-ways; and Sealey was behind him, but not between Freeman and the Door; Freeman's other Hand was against the Wall, or the Boards, and Sealey stood shoving behind him; if they both had not been sideways to the Door, I could not have seen them. After they came up Stairs, Freeman sat down by the Fire, and there was as much - (Here he swore positively to the Fact, attended with lewd Discourse and unnatural Circumstances). I heard Freeman say this once or twice, - twice it was; for I heard him before I put my Eye to the Crack, and once afterwards. I have 20 Gentlemen of good Consideration to my Character. I have no more to say.
Counsel. I think you say, the first Thing you saw, was with relation to Sealey.
Palmer. Yes, Freeman was Patient.
Counsel. I find you have some Notion of the Thing. Pray when the Vault Door opens, don't it
Palmer. Why here's Room enough for a Man, to stand behind me, and do it, in this very Place, (where the Witnesses stand) and the Vault is bigger than this.
Counsel. Had you never any Conversation with Mr. Hodgson on this Affair?
Palmer. I had some talk with him.
Counsel. In that Discourse, was there no mention of Cuttings and Turner?
Palmer. Mr. Freeman had a Trial with Turner at Guildhall. Cuttings and Turner came to me, and wanted me to go with them to Guildhall; I would not go without a Subpoena. I went, but never was called.
Counsel. Had you any Discourse with Mr. Hedgson, more than once about this Affair?
Palmer. He came to me once or twice, about my not prosecuting Freeman, the same Month the Fact was committed.
Counsel. Then I ask you, if you did not say, you had no just Cause to prosecute Freeman?
Palmer. No, I did not. I only told him I had no quarrel with Freeman; I owed him no ill-will; and I do this in justice to the Publick.
Counsel. Have not you applied to him; in order to have Money?
Palmer. No, never in my life, neither to Mr. Hodgson, nor Freeman.
Counsel. How long have you known Freeman?
Palmer. Eight or nine Years.
Counsel. Is he marry'd?
Palmer. I believe so; he lives with a Woman, and has two Children.
Counsel. Did you ever hear any Imputation of this kind before?
Palmer. No, never.
Counsel. How does he live with his Wife?
Palmer. Very friendly with her.
Counsel. I ask you, if you do not know that he is very fond of his Wife?
Palmer. I never saw him quarrel with her in my life.
Freeman. Did Freshwater go down?
Palmer. Yes, and I saw him push the Door open little by little, 'till to my thinking he could get his Head in: The Door was neither locked nor bolted.
W. Freshwater. I know both the Prisoners: Freeman is a Butcher , and Sealey is a Pig man , a Higler. On Friday the 5th of March, I went with Palmer to the Wine Cellar. He trembled like an Aspen Leaf, and told me he had seen something he never saw before in his life. At the Cellar Door, he said to me, Colonel, Colonel, listen, listen: I heard a humming, and went down three or four Stairs and came up again - by G - d, says I, there's something the matter, more than ordinary: I went down again, and heard a jumbling of the Vault Door, I came up, and said to Vincent, by G - d they are b - g one another: I went down again, and pushed the Door inwards, softly, it gave way a little and a little by degrees. When it was opened far enough, I put my Head in, and saw them, the Candle stood on the Left-hand side of the Seat. Sealey lay with his Breeches down, near the Seat of the Vault, and they were pushing one another very close; Freeman's Breeches were down likewise. I pulled my Head back, and the Door clapped too, then I was in the dark. I felt about and found a little Cask, I got upon that, and looked over the Partition, where there was a Slip of a Board broke off, I put my Head over, looked in, and saw Freeman's - Here he gave much the same Evidence as Palmer as to the Fact.
Counsel. Have you never been applied to, to give Evidence in this Matter?
Freshwater. Yes, I was subpoena'd to give Evidence in a Trial between Turner and Freeman at the Common Pleas.
Counsel. Have not you declared you knew no ill of Freeman?
Freshwater. I did say I knew no ill of him 'till this 5th of March: I said I would do nothing to his Prejudice, except I had a fair Subpoena.
Counsel. How many People will this Vault hold?
Freshwater. Why, if there's Room for one Man to go into it, and shut the Door, it will hold two Men on such Business. Two large Men may go in, one may go in first, and the other may get in when the Door is half way open.
W. Vincent. I know the two Prisoners. I saw the two Witnesses run through the Bell Inn, and I followed them to the Wine Cellar, but when I got to the Door of the House, Palmer was standing at the Top of the Cellar Stairs: He points to me to keep back. I wondered what they were at, and presently up came Freshwater, and swore they were at it. Afterwards he told me in a Fright, Tom Freeman and Sealey were b - g one another, and he went down again. I do not know how the Light stood, but I saw the Light of a Candle, and I went back into the Kitchen, and then Freeman and Sealey came up. Freeman I thought was a little in Liquor, and Sealey very much. There was something on Freeman's Apron, but I cannot say what it was. On the Top of the Vault there is a Board or two out, and a Man may put his Head in. The Place is so big, that Mr. Edwards and I have been in it together, and I believe two more might stand in it.
Freeman's Defence. I stand indicted for a most horrid Crime, it is a Shame to express it. I never was in the Prisoner's Company but that Day. He bought Meat of me, which came to four Shillings and ten Pence Half penny; I sent it to the Bell Inn where his House stood; my Servant came back, and said, the old Man would not pay for it: I carried it to him my self, and asked him for the Money: We drank together, and I agreed to trust him 'till next Market Day; but he went away without paying his Share for what
Next Morning I heard it was reported I had b - g - d Sealey. I sent for Vincent to the White Horse in Warwick Lane, and desired him to tell me what he know of the Design. He told me Palmer and Freshwater had raised the Report; then I will sue them says I. In the Morning a Man told me, that Spratley had advised Palmer to swear it, and told him if he did so, I could not sue him: Palmer swore it, and my Friends advised me to keep up Stairs. I never heard how the Matter stood. 'till Mr. Edwards told me, I must go with him to execute Releases with Palmer and Freshwater. On the 10th of April, Mr. Turner call'd me Buggerer, I su'd, and cast him: he got acquainted with one Cuttings a Soliciter in the Old Bailey, and they 2 gave Mr. Salter Directions to draw the Bill for Sodomy against me. Palmer declared he gave no Directions at all, and Freshwater declared he knew no hurt of me. After the Bill was drawn, Cuttings insisted upon their swearing and gave them Subpoenas. Mr. Edwards hearing this, went to Cuttings and Turner, and to the Man who swore against me. Freshwater told him, that Cuttings and Turner were the Men who would him joyn in the Bill. On the 6th of July, Palmer told me that Trade was so dead, he must make a Demand upon me; and says he, you know upon what Account: Twice they sent for me to the Magpye, but I would not go. One Thursday I over-heard Turner and his Wife quarreling about some Money, and he told her he had been in company with Cuttings, Palmer and Freshwater; and says he if you'll give them 5 Guineas a piece, they'll swear so, as to hang Freeman. And on Saturday July 12th, Palmer told me that Cuttings and Turner offer'd me 5 Guineas to swear, and unless you'll give me 5 Guineas I will; I bid him swear and be - d; Afterwards he told me, tho' I would not give him 5 Guineas, Mr. Edwards would; I got Constable and took him up, and he fell on his, knees and declared he knew no hurt of me.
Nathaniel Edwards . In February or March, I had word brought me of this Affair; the Prisoner Freeman marry'd my Sister, therefore I concerned my Self in it: I sent for him, to my House, and he gave me the same Account, he has now given. I blamed him for keeping Company with such Scandalous Persons as the 2 Witnesses, who are reputed Gamesters, and their Characters bad I advised him to stop the Report, by making the matter up with them; telling him, it was a Shame such a Thing should be brought before a Court. He said, he was innocent, and absolutely refus'd. I desired him to leave it to me; he said I might do as I pleas'd. I sent for Freshwater, and en-quired of him concerning the Fact; he told me he saw them plainly in the Vault; but says he, I have not sworn nor will I if you'll be civil. I expect something, if I do not Prosecute. Then I went to Palmer; he told me he had sworn, but he was sorry for it; he did not desire to hurt him, but the Butchers in the Market, had urged him to it. Palmer told me he was willing to make it up, if he could do it safely, for he knew no hurt of Freeman; and I took the Expression to be without any Exception. I was uneasy about the other Prisoner Sealey, so I took my Horse and rode to Bushy to enquire his Character, and I found all his Neighbours gave him a very good one. Sealey's Wife told me, it was impossible the Charge could be true, and gave me a Reason, very convincing, that it could not be. After this, Palmer and I, and his Lawyer had several meetings at the 3 Tunns in Wood's Close; one Time he insisted on 15 Guineas, and said if some People had the Job, they would make 20 or 30 of it: But after many Words, we agreed for 5, to sign General Leases, and I was to be at all the Expence. I paid the Money, and the writings were executed. Then I went to Freshwater, but he'd do nothing without his Lawyer, who lives at the Goat Alehouse in Long Lane: We all met at the Vine in Gray Friar's; Freshwater said, he had no design to Prosecute, but he wanted Money to defray the Charges of a Bastard Child, he had at Hitchen. He said he'd leave to my Honour, what he should have: I bid him come to my House; he came, and I gave him a Guinea and a half. Some time after, Freeman and Turner having been at Law, Palmer told me at the Gentleman and Porter in Shoe Lane, that he was bid 10 Guineas to swear on the other side: Cuttings and Turner, says he, have been with me, but if you'll give me as much, I had rather have the Money from you. I told him, I thought we had made an End before; but if this Money would certainly be the last, I would give it. He said, he must have 5 Guineas that Night, I told him he should have it; but after we had made this other Agreement, they took Freeman up.
After the Trial between Turner and Freeman, Freshwater declared he would not come against Freeman any more, and asked me for a Guinea, says he, I have had but a Guinea and a half yet, and 'tis very hard, if I can't make a little more Money of this than what will just defray the Expence of a Bastard
Counsel. Tho' Palmer and Freshwater said they knew no Harm of him, had you no suspicion of his being guilty, that occasion'd you to give your self all this Trouble, and to throw your Money about, in order to have it hush'd, and made up?
Counsel. But could you imagine that general Re-leases would discharge a criminal Prosecution? What was it you gave them this Money for?
Nathaniel Edwards. To make and End of the Dis-pute on both Sides.
Counsel. But as there were Warrants out, the Prosecution was on Foot.
Mr. Hodgson. Mr. Edwards, sent for me to his House, and there I found Freshwater. I asked him some Questions and he said he might make a good Advantage of this Affair, for he had seen them. Mr. Edwards was for making it up, and asked him where he might see Palmer, for he had left the Market. Freshwater said he could not see him, unless he went with him: he agreed to carry us to him, and at the 3 Tuns in Wood's Close, a Gentleman saw Palmer. This the beginning of March. I asked Palmer how the Fact was committed; he said they went down together, privately to play at Cards, and I saw them in the Vault together, and the Candle, but I saw no farther Action. I acquainted Mr. Edwards with this, and the next Orders I had from him, were to meet him at the same Place with Releases. I went there, and found Mr. Edwards, Palmer and Freshwater, Palmer's Wife and another Gentleman. Mr. Edwards went into another Room with Palmer's Wife, and when they return'd Mr. Edwards asked her before the Company, if she was satisfy'd: she declared she was satisfy'd; and on that the Releases were executed. After this I was sent for to the Vine in Gray Friars , to execute Releases between Freshwater and Freeman. Freshwater told me he had made it up with Mr. Edwards, and a Release from Freshwater to Freeman was executed. The next Notice I had, was from Mr. Edwards in Rose-street; he told me Freshwater had proposed to make an Affidavit, that he knew no Hurt of Freeman; upon Cuttings and Turners sending for him to swear against Freeman at the Old Bailey. I drew up an Affidavit, and at an appointed Time, met Mr. Edwards and Freshwater. In the Affidavit Freshwater declared, that Cuttings and Turner had been with him several Times about this Business. The Affidavit was read over twice to him, and he made several Alterations in it; and then read over to him literatim and distinctly.
The Affidavit was produced and read.
After Freshwater had made this Affidavit, Mrs. Edwards sent for me again: 'twas that very Day the Grand Jury was discharged the Sessions before last. I went and found Palmer with her. He said that Cuttings and Turner had sent for him to swear to an Indictment against Freeman, and he asked me if they could compel him to swear; I told him it was reasonable he should swear to the Truth.
Samuel Edwards 's Evidence was to the same Purport, adding that from a View of the Place, he thought it impossible this Crime could be committed there; it not being (as he thought) 2 Feet wide, and the Door without either Crack or Crevice.
To Sealey's Character, Robert Waller , Thomas Hodsdon , Will. Raines. Jo Nichols, John Bellows , John King , and John Fuller who thought him a Man of Reputation, and that he would not do such a Thing.
Then was call'd to Palmer and Freshwater's Character, Joseph Tibbot , who had known Palmer up-wards of 7 Years, that he was his Apprentice, that indeed he did break, but that he believed he would not forswear himself for 500 l. - Samuel Saunders swore he thought Palmer would not forswear himself on any Account - Anne Sutton, she was Freshwater's Mistress, she warn'd him to do Justice, and speak the Truth, and believ'd he would not forswear himself on any Account; Godfrey Newton , and William Sprately , gave likewise the Witnesses good Characters. Acquitted .
80. Joseph Caddy . was indicted for willful and corrupt Perjury, in falsely swearing before Richard. Groombridge, Deputy Philazer for the County of Surrey, in the Name and Person of Richard Willson of Fish Street Hill, Carpenter ; that John Knowles was indebted to him in the Sum of 900 l - on note of Hand. That Thomas Cant was indebted to him 300 l. - That Joseph Truss was indebted to him 500 l. - And Robert Walker , the Sum of 700 l. for Goods sold and deliver'd, June the 25th .
John Cuthbert . I was at that Time, Clerk to Mr. Constable. The Prisoner came to an Alehouse in Dolphin Court, on Ludgate Hill , the 25th of June, 'twas the first Day of last Term; Mr. Turner who keeps the Alehouse fetch'd Mr. Constable to him; in about 6 or 8 Minutes he came back and said, there was a Man at the Alehouse had given him Orders to make out an Affidavit for a great deal of Money; he said, he did not much like it, but however the Affidavit was drawn, and I engross'd it in his Presence, at the Alehouse, and read it over to him, and he signed it Richard Wilson. After this we went to the Philazer of Surrey's Office in the Temple , and there he swore to it.
Thomas Davenport . Mr. Groombridge and my Self, act as Deputies to Mr. John Bicknell , who is Philazer of the Country of Surrey. I was in the Office when this Affidavit was made; I believe the Prisoner to be the Man. Mr. Groombridge swore him, and when he was gone, he said it was very unlikely such Sums should be due to such a sort of a Man.
The Prisoner's dirty Dress was describ'd by CuthbertJohn Maybank and Cuthbert prov'd the Writ, which was taken out of the Sheriffs Office, on the Affidavit.
Counsel. He took on him the Name of Wilson, and there is no such Person in Rerum Natura. therefore it it is in reality his own Suit. (The Writ was produced and read.)
John Windall . I executed the Writ, but I thought there was some Roguery in it, so I went to the Philazer's Office to see if there was an Affidavit fil'd there. This is the Warrant delivered to me, by Vertue of which, I arrested the 4 Men, I know the Prisoner to be a vile Fellow.
John Knowles . I was surprised at being arrested for such a Sum, knowing I was not indebted to any one living in any Sum like this, and enquired after this Richard Wilson , but there was no such Person to be found.
The Prisoner made no Defence, but only denied the Fact. Guilty .
Priscilla London . I employed the Prisoner to get in some Debts for me, and in July, I don't well know the Day, he was looking on my Hand in our Kitchen, and says he, you have a very beautiful Ring, let me see it: then he took hold of my Hand, and took it off my Finger; Madam, says he, there is a Noise at your Door, and up he got, and away he ran with it. I met him next Day in the Minories, and he told me I should have it again. I looked after him for half a Year, and then I gave him over.
Prisoner. Madam, don't you remember the Day, you and I were at Well's, the Cooks, in Leadenhall-street, when you and I had Pig for Dinner? I have been a little foolish in loving your Sex too much; but, pray Madam, have not you own'd, you would never have taken me up, if I had not told your Husband, that you gave it me for a Merry Bout you and I had together? Don't you know that Charlesworth was to bring an Action against me for Criminal Conversation with you! Did not you declare, you was obliged to take out a Warrant against me to please your Husband?
Priscilla London. What I said, was, that you was a good for nothing Man, and when I heard your Wife say, that you and I were gone together, I said to my Husband, now go and take him up for the Ring. You made no Ring but a laugh of me, and bid me kiss your -
Prisoner. Did not your Husband come to my House and offer to make it up for 6 s.
Priseilla London. I heard that you offer'd 6 s.? but my Husband would not agree. I did go to the Justices to have it decided, but you had no Money to pay for Stamps, nor general Releases.
Prisoner. Did not you agree afterwards to make it up again for 14 s.
London. Yes, my Husband had your Note for 14 s but he flung it to you again, at the Justice's.
Prisoner. She keeps a Baudy House in Squirrel Alley; I'll prove you gave me the Ring at Wells's a Cook's in Leaden-Hall street, where we din'd together; then I went home with you, and you and I drank 2 or 3 Drams together. Don't you know when you met me in the Minories the next Day, that you said, My dear, do you intend to keep the Ring, or have one made, and I said, my Dear, the Ring is safe enough.
Thomas Harrison . I dined with the Prosecutor and Prisoner in Leaden Hall Street, we had Pig, and strong Beer, and a Bottle of Wine for Dinner, up one pair of Stairs. The Ring was on her Finger then, and he said, my Dear, lend me that Ring, she gave it him, and said, there my Dear, there it is.
London. I never saw this Man in my Life.
J. Lancashire. I saw Mrs. London and the Prisoner in Wood-street Compter; they were making up the Matter, but he wanted Money, I went home to fetch him Money, but when I came back, I found a fresh Warrant taken out against him, and that he was sent to Newgate. Mrs. London told me she never intended to have let it come to this.
Receiv'd Sentence of Death 6.
William Caddy Francis , Susan Anthill , Joshua Fielding , Henry Bullock , Mary Shropshire , Anne Finney , Isaac Eades , Elenor Crouder , Stephen Weaver , Simon Evans , Frances Burges , Hannah Turbot , Helen Higgonson , Joseph Raish , William Swain , William Smith , Elizabeth Powel , Samuel Mitchel , George Adams , Mary Taylor , Diana Street , Elizabeth Studder , Abigail Orchard , Samuel Johnson , Humphry Fox , Margaret Conolly , Anne Hewit , Eliz Tuckfield .
Joseph Caddy , to be let twice on the Pillory, between the Hours of 12 and 1: once at the Royal Exchange, and the second Time at the End of Fetter-Lane, in Fleet-Street: to be imprison'd for 6 Months, and find Sureties for his good Behaviour for 2 Years.