Wednesday the 13th, Thursday the 14th, and Friday the 15th of October, in the Tenth Year of His MAJESTY's Reign.
Being the Eighth 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. M.DC XXXVI.
(Price Six Pence.)
BEFORE the Right Honourable Sir JOHN WILLIAMS , Knt. Lord-Mayor of the City of London; the Right Honourable the Lord Hardwick; the Hon. Mr. Justice Denton, 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.
1. William Rine , was indicted for assaulting Charles Serjeant on the King's Highway, putting him in fear, and taking from him a Hat value 10 s. a silver Stock Clasp value 4 s a barragon Coat value 20 s. a Dimity Wastcoat value 10 s. a a barragon pair of Breeches value 10 s. a pair of silver Knee Buckles value 5 s. a pair of silver Shoe Buckles value 10 s. a silver Spoon value 10 s. a pair of gold Sleeve Buttons value 30 s. a pair of steel Snuffers value 2 s. a gold Ring value 10 s. 5 Keys value 12 d. a Knife value 12 d. a Whip value 10 s. and 4 Guineas and a half in Money , September 22 .
Charles Serjeant. On the 22d of September last. I was going home to Uxbridge, at the first Bridge, a little below Notting hill , I was stopped by two Men, it was between 6 and 7 o'Clock in the Evening, and I was riding after the rate of 10 Miles an Hour. I saw People, and cried Hallo, but they presently dismounted me, one took hold of my Leg and threw me off the Horse, and the other caught me on the other side. One of them held a Hanger to my Breast, and said, if you do not hold your Tongue, I will put you to death. They led me to a Gate that opens into a Field just below the Bridge, and robbed me of 4 Guineas and a half, stripped me stark naked as I was born, and took every thing I had in the World, (Breeches and all) except my Wig, and carried me to a Tree; they spoke in French to one another, and said, Il faut que vous obeyez: Then the Prisoner put a Handkerchief cross my Mouth, and tied it on the Nape of my Neck with two hard Knots; with my Bridle they bound me to the Tree, and then left me. In this Condition I was for two Hours, but my Hands being very cold, I slipped them at last through the Bridle; so I got loose, and went to the Sign of I have brought my Hogs to a fine Market. About 7 o'Clock they stripped me, and about 9 I got to this House. The Prisoner put my Breeches on before my Face, and this Coat I have now on my Back is the same he took from me, the rest of the Things are in Court, and were all taken upon him. I swear to the Prisoner's Hair and his Tongue, for I took notice of his thick shock Head of Hair hanging over his Face, and am sure he is the Man.
William Walmsley . The Prisoner (and another Man) came through Rosemary. Lane with this Whip in his Hand the 23d of last Month. I said to one that was with me, that Fellow has got a good cleaver Whip, ask him if he will sell it: Yes, says the Prisoner, it is to be sold. I asked him what he would have for it; he said half a Guinea: I desired my Neighbour to bid him. D F for it, that is in the way we mark our Goods 4 s. 6 d. I am a Pawnbroker, and sell Cloaths, and so I mark my Goods. The Prisoner would not take 4 s. 6 d. so he bid him a Crown, then 6 s. and at last he allowed it us for 7 s. and a Gallon of Beer. We let them go off, but the Prisoner gave it his Companion, and he brought it back and took 6 s. and 6 d. for it. While he was brushing the Whip, I observed the Name Charles Serjeant at Uxbridge graved in a silver
Charles Serjeant. I swear this is the Whip which the Prisoner took from me when I was robbed.
Walmsley. And 'tis the very Whip he sold for 6 s. 6 d. to this Man.
- Lynell. I was standing at my own Door, and the Prisoner and another Man came by with this Whip: Walmsley asked him if it was to be sold, he said yes, and gave it into my Hand; the Price, he said, was half a Guinea. I observed the Grasp to be stitch'd with Wire, so I bid him 6 s. for it, then 6 s. 6 d. he allow'd it at last for 7 s. and went 5 or 6 Doors off, and told me I should have it for 6 s. 6 d. and a Gallon of Beer; I told him I would give no more, so he sent it me by his Companion, for my own Price, and then they both went off. There was a very cleaver Horse engrav'd on the Whip, and I was shewing it to some of my Neighbours, who observed likewise the Name, Charles Serjeant at Uxbridge upon the Butt-end. About half an Hour after this, the Prisoner came up again, to sell this very Coat which the Gentleman has now upon his Back; when he had sold it, I desired to speak a Word with him: I took him in Doors and said, take your Whip again, I don't think you came honestly by it: Why, says he, I'll carry you to the Man I had it from, 'tis but upon Tower-Hill damn it says the other, what Occasion have; you to trouble your self about it? Give him his Money again, so I took my Money and return'd him the Whip: But another Person saying Mr. Serjeant's Coach came in at the Bull, we took the Prisoner thither, and asked them if Mr. Serjeant's Coach came in there; they told us it would be there in a quarter of an Hour. While we were waiting. I asked the Prisoner, if he had bought nothing but this Whip? Yes, says he, this Wastcoat which I have on, the Coat, which I have sold, and a Hat, which I gave 2 s. for, I asked him what he gave for all the rest of the Things, and he told me 8 s. When the Coach came in, we found Mr. Serjeant had been stripp'd, so we search'd the Prisoner; and the first Things we took out of his Pocket, was a Spoon, on which was wrote, Charles Serjeant, at Uxbridge, and a Knife with two Blades, and a pair of steel Snuffers I put the Prisoner into a Coach, and he was carry'd to Sir Richard Brocas , while I rid to Uxbridge to inform Mr. Serjeant, what we had done.
Prisoner. They took Money from me, which no Man in the World has any thing to say to, but my self.
The Confession of the Prisoner being proved, it was read in Court.
' Who confesseth and saith, that about a Month ' ago, he the said William Rine, with Benjamin ' Finnegar, and Bryan Darby , assaulted and Robbed ' 2 Men in the Fields at Islington, and with ' the said Benjamin Finnegar , and Bryan Darby , ' he robb'd a Man by Hampstead, of Coffee and ' Tea, and all his wearing Apparel: And that ' on the 22d of September last, he with the ' same Persons, about 8 in the Evening, near ' Kensington Gravel Pits, assaulted and robb'd ' Mr. Charles Serjeant of a Coat, Wastcoat, ' Breeches, Hat, Whip, &c.
Prisoner. The People told me, it would be better for me to confess, than to say I was not there. These People came to me in Jayl, and desired me to confess, and to say I was along with these Men, robbing every Body: There are People enough in the Town, that know me, but I believe no Body is here but my Land lady, and she knows nothing of the Matter Guilty Death .
John Lewis . And a Callimanco Gown value 4 s. a linnen Shirt value 1 s. 6 d. the Goods of William Green . And a camblet Gown value 4 s. a poplin Petticoat value 3 s. the Goods of Elenor Knelms , in the dwelling House of William Green , September 16 .
William Green. On the 16th of September, I was fetch'd to Mr. Kitchen's a Pawnbroker, where I found the Prisoner, who was my Servant , and one Gardiner Wright in Custody of the Constable. Mrs. Lewis had left 2 Trunks at my House, while she went to Holland; I found they had pawn'd a Suit of red damask Clothes, which I had seen Mrs. Lewis wear: Upon this I went home to examine the Trunks, I found the Cords of one cut at the Bottom, but the Ends were strained and put under the Trunk, that as it stood they seemed to be all whole, and the Lock was open. Then I went and asked my Maid, how she could do such a Thing? and she own'd she had taken the Things mention'd in the Indictment, of Mrs. Lewis's, out of the Trunk. She confess'd she had taken a Band-box of Linnen, 3 Suits of Headcloths, and the 3 half Handkerchiefs, 3 pair of double Ruffles, 2 Girdles, and silver Buckles to them, one set with Stones, and a little Case, with a pair of gold Ear Rings. A Padesoy Gown, she own'd she took out of another Trunk; and this Confession she made while she was in the Constable's Custody. One pair of Holland Sheets, she had lent to a Neighbour, and were found on their Bed. Two Wastcoats we found at Mr. Wright's, and a bundle of Linnen, which she had taken out of the Trunks, we found under the Prisoner's Bed. Three Shifts, a Sheet, and 2 dimity Petticoats, were pawn'd by one Ann Gaines ; she took a Callimanco Gown of my Wife's, and an old Shirt of mine; a Camblet Gown and a Poplin Petticoat of Mrs. Knelms; one Shift of Mrs. Lewis's she had on her Back, when she was taken.
Mary Lewis . I left two Trunks at Mr. Greens while I went to my Husband in Holland; while I was gone, they were cut and broke, and the Things mentioned in the Indictment taken away. Some of the Linnen the Prisoner had cut up, some Things she had given away, which were sent me again when she was taken up. I put up in those Trunks 3 suits of laced Headcloaths, 3 pair of double Ruffles, and half Handkerchief, a pair of gold Ear Rings, 2 silver Girdles and Buckles, one of them set with Stones, a Cambrick Tucker, a silk Gown and Coat, a suit of black Padesoy, 2 Holland Sheets, 2 Pillowbiers, a Holland Shirt, and 5 Shifts, 2 Dimity Wastcoats, a Table Cloth, a Silk Apron, and a Muslin Apron, all which I miss'd out of the Trunks; she had cut the Cords, opened the Locks, and one of these Trunks I found cut at one End.
Robert Piercy . Sue Wright brought the 3 Suits of Headcloaths to our House to pawn, with 3 pair of Ruffles, and 3 half Handkerchiefs, a Tucker, a pair of gold Ear Rings, 2 Silver Girdles and Buckles My Master's Name is Bower; we asked whose Goods they were, and she told us, they belonged to a substantial House Keeper, who was in Trouble: We knew Wright and lent her Money on them.
Mr. Lewis. These are my Goods now produced.
Susan Wright . I have nothing to say against the Prisoner. I took her to be honest; she told me these Things belonged to Mr. Westby in Charter house Square; she said he had beat a Man, and his Life being despaired of, Mr. Westby was thrown into Clerkenwell Prison, and this Money was to support him there. I had a Guinea and a half upon them, and she gave me a Shilling for my Trouble.
Gardiner Wright . The Prisoner brought a black Padesoy Gown and Petticoat to my Room, and desired me to pawn them for Money to redeem Mr. Westby out of Trouble. I got 40 s. upon them, and had a Shilling my self; these are the Cloaths I pawned.
Mrs. Lewis. These Cloaths are mine.
Q. Have you any Witnesses? (To the Prisoner.)
Prisoner. No, I did this by my self, no body was with me, so I have nothing to say in the Business. Guilty Death .
3. John Ingle , was indicted for stealing 3 Crimson Mohair Bed Curtain lined with Thread Sattin value 30 s. and 3 yellow Camblet Bed Curtains head with Sattin value 20 s. and one Callico Quilt value 10 s. the Goods of the mostJames Duke of Chandos , September 13 .
Richard Lund . These Goods were in my Custody (I being Groom of the Chambers) at my Lord Duke's House at Cannons; they were part of General Pepper's Furniture, and my Lord bought them about seven Years ago, but fearing there might be Vermin in them, they were laid in a Room over the Stables, and I believe none of the Servants in the House ever saw them but my self.
Prisoner. How long have you lost these Things?
Lund. I did not miss them 'till my Lord ordered me into Berkshire; and I think that was the 27th of September.
Prisoner. I have had them 3 Years since May last.
Lund. The Goods were taken away in Curtains, but I took them in the Prisoner's Lodging made up into Cloaths. After I had missed them, I was walking down the Town, and I saw this Gown through the Window: I suspected it was part of the Lining of the Camblet Curtains. This Mohair Gown I found in his Wife's Drawers, and this Skirt of a Child's Coat is the same yellow Sattin that lined the Curtains. I found some Pieces not made up; here is a Piece of a Curtain, four Breadths of Camblet a little faded; and I shall now produce a Curtain to answer it. Here is a Breadth and a half of the same Camblet, this is a Head Curtain, and here is the other: Now here is a single Breadth of the same found at his Lodging. This is a Wastcoat made of the Crimson Mohair. Here, Gentlemen, is a yellow Curtain lined with yellow Sattin; this piece of the same I found at Thomas Loyd 's where he lodged, and this yellow Gown, which has been worn. I found a piece of the Crimson Mohair in his Sister's House.
Robert Bunn . We took these Things out of the Prisoner's Lodging, and went before Colonel Dobbins; when we came back we searched his Sister's House, and found these two quilted Coats; one is all Crimson Mohair, and the other is Crimson Mohair paned with white Sattin, and here is a Camblet yellow Gown faced and robed with Crimson Mohair; she told us her Brother gave them to her, he was present and owned he did so. All these Things which we found on them we compared before Colonel Dobbins, with the Remainder, which Mr. Lund had in his Custody, and we took them to be the same Goods. The Prisoner told us he bought them of a Servant of the Duke's who is now dead.
Lund. These Breadths of crimson Mohair I took with the Petticoats, and if you compare them with the Curtains I have brought, you will find them to be the very same. We found these five Breadths of Sattin hid in a Hedge in that Gentleman's Field. 'Tis my Opinion he took them, though he said he bought them of a Maid Servant for a Guinea; that Maid had a very honest Character.
Prisoner. My Wife wore this Gown publickly when she went to the Duke's House.
Lund. I know nothing of that. The rest of the Servants was unacquainted with this Furniture.
Prisoner. Mr. Lund has entrusted me all over the Duke's House: I used to look after the Waters, and there never was laid any Thing to my Charge before.
Lund. He did look after the Waters, and has been all over the House, even in the Water Closets; but I have missed these two Years a silver Tea Canister that weighs 7 oz. and the Reason he was turned out of my Lord's Service, was for a suspicion we had of his hiding himself by my Lord's Library Door, where the Maids put their Mops and Brooms, and cutting out a Pannel of the Wainscot. I had a good Opinion of him 'till then, but he was then turned off.
Herbert Russel . I went with Mr. Lund, and saw these Goods taken at the Prisoner's, and his Sister's Lodging. He told us he had given his Sister what we found upon her, and that he bought them for a Guinea. We found 5 Breadths of white Sattin in a Hedge in one of my Fields; the Woman (his Sister) directed me to it. I never knew any thing of him 'till this Affair.
Prisoner's Defence. Those Things I bought, and if you please I will tell you how. I used to go up and down the House to fetch the Ashes away, and clean the Grate Hole in the Kitchen. A young Woman that lived there, asked me three or four times whether I was almost married, because if I was (she said) she had some things that would be of service to me, and she would sell them to me. I said no - sometimes I said I was, sometimes I was not; but however, one Day I was sitting by the Fire-side in the Garden Lodge, and this Creature brought the things to me. John, says she, I have brought the Things I was telling you about. I hope, said I, I shall not come into trouble about them. No, said she, I care not who sees them, or who hears of them, but I would not have them come to my Father's Ear. I bought them, and kept them in my Cupboard a Fortnight, and when I was turned away,
Q. Did not you say you saw some of the Things openly in the House? (To Lund)
Lund. Yes, I saw a Piece hang down towards the Window as I was passing along, and it being the House of Loyd that was convicted for stealing his Grace's Lead, I got leave to search. I asked him in the Presence of Mr. Russel, and the Constable if he had no more of the white Sattin than what we found there, and he declared to us that he bought no more than lined him a Wastcoat; but afterwards in searching we found these five Breadths, which he owned he gave his Sister.
Prisoner. I sent a Piece by a Baker to a Woman at Totteridge, who was going to britch a a Boy.
Robert Marshal , Samuel Tayler , Silas Axtell , John Carpenter and Elizabeth Chasely , spoke to the Prisoner's Character; some of these had known him from a Child, and all declared they took him to be a very honest Man.
Prisoner. There is my Master Snow can speak to my Behaviour in his Service.
Mr. Snow. The Prisoner came recommended to my chief Gardener from the Duke of Chandos: Mr. Hear likewise gave him a good Character. He has work'd in my Gardens three Years, has always behaved very modestly, and appears to be a laborious, honest, useful, diligent Fellow; he has had great Opportunities of being dishonest; I have Ponds of Fish, a great deal of Fruit, and he has had frequent Access to the House; when I have been in Town, he has lain in the Laundry, full of Cloaths, for the security of the House, yet I never lost any thing. I cannot think he stole these Things, because he has worn them publickly in my service; if he had stole them, surely he would have sold them or dy'd them. I think him a very honest Fellow, and useful to the Publick. If your Lordship, and the Jury shall think otherwise, I hope he may be recommended to her Majesty's Favour.
Marshal. I have seen him wear the Wastcoat publickly to and from the Duke's House.
Russell. I have seen him wear a handsome red Wastcoat, which I thought he might have bought in Monmouth Street; I believe it is the same that is here I cannot say I ever heard of his dishonesty before this Affair.
Lund. He might have worn all these Things, and none but my self, and one Footman more could know them. Acquitted .
4. Samuel Morgan , was indicted for assaulting Elizabeth Pullvash , in a certain open Field near the King's Highway, putting her in fear, and taking from her a Holland Gown value 8 s. a pair of Stays value 3 s. a callamanco quilted Coat value 17 s. a Bermudus Ha: value 7 s. a a cambrick Mob value 2 s. 6 d. a dimity Petticoat value 3 s. a flannel Petticoat value 1 s. and pair of damask Shoes value 2 s 6 d. a pair of silver Buckles value 7 s a gold Ring value 8 s. a a cambrick Handkerchief value 2 s. 6 d. a muslin ditto value 1 s. a linnen Apron value 1 s. and 9 d. half penny in Money . August 1 .
Elizabeth Pullvash On Tuesday Night, I cannot possible tell the Day of the Month, but it was towards the two last Days of Tottenham Court Fair, the Prisoner met me coming from Tottenham Court , in the middle of the Road near the Town, there were two more with him, he had a Dagger in his Hand, and they had Pistols, They took hold of me, and said, if I cried out I should die. I begged hard for my Life, but they led me out of the Way, and stripped me stark naked. They seized another young Man (whom I never saw before in my Life) at the same time. They kept me at some distance from the other Man, and that Man at the Bar stripped me naked, and left me naked, all but my Shift, then he bound me and did what he pleased with me; he tried to lie with me, and he did all that was in his Power. After he had done every thing he pleased, he took hold of one of my Legs and bound it behind me, and cut my Pocket and stuffed it into my Mouth. I down'd on my knees, and begged of him to spare my Life; I told him I was with Child to make him more favourable to me; he took my Gown, my Stays, a quilted Coat, my Hat, a laced Mob, a flannel Coat, a dimity Coat, my Shoes, a gold Ring, an Apron, and nine Pence Half penny in Money - all I had in the World; they left me nothing on but my Stockings and Shift and one Petticoat. One of the Men snapped a Pistol twice at my Breast, but it did not go off, the Prisoner was the most resolute, wickedest Fellow of them all; for he was so long about me doing what he did, that I knew him again; they kept me 'till 12 o'Clock, doing one thing or another to me. The other Man they robbed at some distance from me, and told him if he looked that way, towards me, he should die; but when they had done with us both, they tied us with a Cord, and threw us into a Ditch,
Will Smith . I happened to go over the Field about 4 o'Clock the next Morning, and I thought I heard a Man cry out murder; I went to see what was the matter, and found the Man and Woman in the Water and Mud. I was up to my middle in getting them out. They were tied Hand and Legs, and this is a piece of the Cord they were bound with. I think she had no Petticoat on, and the Man was quite naked; their Hands and Legs were tied behind them, and they lay flat upon their Backs in the Water and mud with their Mouths stopp'd. I cut them loose and this is the Cord that tied the Woman's Hands.
Eliz Field . My Husband was out at work, where this last Witness works, and he came and told me, there was a Woman just lost, in a Ditch; will you give her leave to be brought up, and put into our Bed says he, if you will no, she must die with being so long in Mud and Water. I consented, and with much ado, we got her to Bed, but I thought she would have died after that. I live at the Brill. between Pancrass and Tottenham-Court: My Husband is sick, and I come here in his behalf.
Q. What Day was it this happened?
Field. It was on a Wednesday Morning. between 5 and 6 o'Clock in the Morning, that she was brought to my Lodging.
Prisoner. I never was at Tottenham-Court in my Life I was at home at Work when this Fact was committed, but happening to have a Quarrel, I was carried to New Prison, and this Woman was brought there by 3 or 4 Fellows who make it their business to swear People's Lives away, and they carried me before Justice Midford and then to Mr Barns's, and I was to give him a Note of Hand, and be discharged, but this Woman came violently up Stairs and rushed into the Room, and said I was the Man that robbed and ravish'd her, so they sent me to Newgate.
Q. Have you any Witnesses, either with regard to the Fact you are charged with, or to your Character?
Prisoner. They have been here, but they are gone. Guilty Death .
5, 6, 7. Robert Page , William Orman Rod and Thomas Putrode , were indicted, for that they being Persons of evil Minds and Dispositions, with divers other Disturbers of the Peace, armed with Clubs, Sticks, Stones, &c. and unlawfully devising and contriving, to vex, molest and injure one Graves Atkin , on the 30th of July , about a 11 at Night. before the house of the said Graves Atkin, in Lemon Street, in the Parish of St. Mary Whitechappel , did unlawfully and riotously gather and assemble, with divers others unknown, to the number of one hundred Persons and upwards, and the said Graves Atkin's Wife and Family being then in the said House, and being so assembled as aforesaid, they, the said Robert Page , William Orman Rod , and Thomas Putrode , the said dwelling House, unlawfully, riotously and violently did attack and with divers other Persons unknown, the Windows and Window Shutters of the said House, with Clubs, Sticks, Stones, &c. did break to pieces and destroy; by reason and means whereof the said Graves Atkin's Wife and Family were greatly affrighted, and put in fear and danger of their Lives, and in apprehension of receiving great Hurt, Damage, and injury; and the said Graves Atkin was obliged, in order to avoid the Rage and Fury of the said Page. Orman Rod, and Putrode, to absent himself from his House and Family, and Shelter himself in places unknown to the said Page, &c. for the space of one Hour; and other Mischiefs and Damage bringing on the said Graves Atkin, &c in contempt of the Laws, &c. and with an intent to break the Peace of our Sovereign Lord the King, being then and there so assembled as aforesaid, they, with divers others unknown, did raise a great Disturbance, and a Riot made, and caused to be made, and for the space of one Hour they, the said Page, &c. &c. then and there did unlawfully continue, hollowing and behaving themselves to the terror of the Subjects of our Lord the King, in contempt of the Laws, and to the evil Example of others in like Cases offending, and against the Peace of our Sovereign Lord the King, &c.
The Counsel for the King having very judiciously opened the Nature of the Offence, and shewn the dangerous Consequence of such Outrages, the Witnesses were called.
Richard Burton . On Friday Night, July 30 between 9 and 10, I was at the End of Red Lion Street, and I saw the Mob coming down Bell Yard, with Sticks and lighted Links. One of them made a sort of a speech directing the rest to go down Church Lane, to the Gentleman and Porter: My Master serving Mr. Allen who keeps the House with Drink, I ran down to inform him that his Sign was mentioned. There was about 50 or 60 of them then, and they had 2 or 3 Links with them. One read from a Paper the Signs of the Gentleman and Porter, the Bull and Butcher, and the Tavern in Well Street I did
The Prisoners all declared they never saw this Evidence before.
Justice Phillips. On Friday, July 30, about 10 at Night, some Neighbours came knocking at my Door in a great hurry, and told me the Mob were come out of Spittle Fields, and were pulling down some Houses; they desired my Assistance, and I told them my Assistance would be of little service, without support; reading the Proclamation will signify nothing; if you will go to the Tower, and give my service to the Governor, and desire his Assistance, I will venture my Person. They went, and the Governor, or the commanding Officer, sent 30 Men to my Door, and the Captain told me, they had Orders to go with me, and follow my Directions. I desired him that his Men might march quietly, without beat of Drum, and in the dark, and did not doubt, but with such brave Fellows, we should drive them, tho' they were a greater Number. When we came to the End of the Street, the Houses were all illuminated, and we heard a great Noise, as if they were knocking the Houses to pieces. I said to Captain Hudson, now Sir, I submit to you; if you please, command your Men into such a Disposition, as may be most proper for the securing as many of the Mob as we can. There was several hundreds attacking a House; and just over the way, there was a Baker's Shop; I apprehend they broke open this Baker's Celler, and armed themselves out of the Bavins. The Street was very light, and I could see (at a distance) the Mob beating against the Shutters with their Clubs, and could hear the Glass fly: so I said to the Captain, - now let us be upon them at once; I drew my Sword and ran to the House they were attacking, and, that Prisoner Page, I took him with his Club breaking the Windows: I could not tell whether he might not make use of it upon me, therefore I told him, if you don't surrender, I'll run you thro'. The Soldiers at the word of Command had stretched themselves into a Line, and then enclosed as many of them as they could; among the rest, the Prisoners; and the Serjeant seized them. The Prisoner Page I took my self, driving furiously at the Windows; every Pannel of the Shutters was broke but one, and all the Glass. Some were poking in with their Sticks to clear the inside, (I suppose) that they might get in. When the Soldiers had taken some of them Prisoners, the rest ran away, some one way, some another; those we had taken, were carry'd to the Watch-House, and that I might be more sure of the Prisoners, I called them over at the Watch-House, and took down their Names; then we posted 12 Soldiers with their Bayonets on their Muskets round the Watch-House, because we were apprehensive the Mob would rescue the Prisoners. After we had patroled 'till Morning, the Captain and I refresh'd ourselves at my House, and I ordered something for the Men at my Door. I am positive that the Prisoners were among the Mob, and Page I took myself in the Fact, the rest of them might be as near the House, as 'tis from hence to the Leads (before the Court.)
Capt. Joseph Hudson . On the 30th of July, I was sent for from the Tower, by a Message from Justice Phillips: The Governor ordered between 30 or 40 Men to suppress the Assembly, under the Directions of Mr. Phillips. I went with my Men to his House; he came out with us, and in our way to the place where the Riot was, we called upon another Magistrate. When we came to Lemon Street, we found a vast Number of People assembled together, and I believe there was about 8 or 10 of them were beating with Clubs against the front of the House of one Aikin: I cannot say I heard any particular cries; the Prisoner Page I am positive was one, but I cannot be so sure, with regard to either of the other. As they were beating against the front of the House, Mr. Phillips and I, at the front of our Men, with our Swords drawn, struck at one or two of them, and two or three of those who were attacking the House we seized immediately.
Andrew Oakes I went with my Captain, July 30 at Night to Lemon street, from the Tower: We march'd softly. and in the dark: When we got there, we found the Mob beating against the Windows of the House, the Man's Name that keeps it, I cannot remember, nor can I swear to the Faces of the Men who were attacking it. The Prisoner Orman Rod. I took in the middle of the Street; he had receiv'd a Cut from some of the Officer I believe it was from Justice Phillips, but he had nothing in his Hand when I took him, nor did I see him do any thing. He told me he was a Blacksmith , and desired me to let him go; I told him I could not, so he went along very good humour'd. I don't remember I heard any Cries, but I heard the Noise they made with their Sticks against the Window Shutters, and against the Glass.
Mr. Phillips. I heard the Hollowing at my House. and the Cry in the Street was, down with the Irish, down with the Irish.
Daniel Barnes . I was present in Lemon-street, and I heard the Noise of their beating against the Windows, tho' I saw but little of the Mischief 'till the Mob had done; then I saw the Shutters of the Windows were broke to pieces: I was as near as the rest, under the Command, and was going along the middle of the Street. I did see several striking against the Windows.
Q. Did you hear any Cries and Noise made?
Barnes. I cannot remember particular Persons nor Words: I was indeed at the taking of Orman Rod; he was cut in the Head, and was then very much disguised with his own Blood. I saw him again after I came to the Tower, but I cannot now be sure whether the Prisoner is the same Person. I, and the last Man examined, brought him to the Watch House, and Mr. Justice Phillips was there when we delivered him in, and he saw him and all the rest of the Men that we took Prisoners, but I cannot swear to their Faces. I remember I took Orman Rod out of the Mob, and that either my Captain or Mr. Phillips cut him over the Head: he was within 4 or 5 Yards of the Door, but I did not see him strike, nor did I see any thing in his Hand; he desired us to let him go, and we told him we could not. He endeavoured to run away when the Captain and Mr. Phillips came upon him, but we layed hold of him and brought him back.
Capt. Hudson. I cannot charge my Memory with the Man's Person.
Justice Phillips. I saw Barnes seize the Prisoner Orman Rod, but I cannot say whether he struck at the Windows or not; I am positive he is the Man that was taken. This Soldier is unwilling to declare the Truth, because one of the Prisoner's is a Brother Soldier
William Fairclough I was under the Command of Capt. Hudson at that time; we went from the Tower to Mr. Phillips's House, from thence to the End of Lemon Street. I heard no Cry, but there was about 40 or 50 People in the Mob.
Q. Did you hear no Cry at all?
Fairclough. Only down with them - down with them, this was all I heard. They had Clubs in their Hands, and were demolishing the Windows, I seized the Prisoner Putrode, he was with them who were crying down with them - down with them, about half a dozen Yards from the House, and had a Stick in his Hand about the length of a common Walking-stick; but when I seized him, he dropped it, and begged for God's sake I would let him go. I told him I did not come for that End from the Tower; if my Captain and the Justice will let you go they may. We carried this Man to the Watch House, and Mr. Phillips, and Capt Hudson, and Capt, Littleer were there.
Q. Where did you take this Man? Fairclough. Between the End of Lemon Street and White Lyon Street.
Q. Did you suppose he dropped his Stick by Design?
Fairlough. He seemed surprised at my seizing him as I did.
Justice Phillipss I saw Putrode seized by that Man; we ran upon them, and I cried out seize them, seize them; I laid hold of Page; and the Soldiers seiz'd Putrode.
Graves Aikin. I live in Lemon Street; July 30, at Night, I was at a Neighbour's House; my Child came to me about 10 o'Clock, and told me there was a great Mob gone by. I went home, and a Lodger told me the great Cry was, put up your Lights. I imagined this was to distinguish Houses, so I sent for Candles and li't them up. Sometime after this, I heard they were coming back to my House; my Wife was very much
Page's Defence, My Sister being at my Fathers that Night, I went to see her home; we met the Mob, and while I stood looking on I was taken hold of.
Alice Corner. I know nothing of this matter, nor where he was that Night; but I have known him from a Child, and never heard or saw any harm of him.
- Brown. I saw Page that Night standing in Mill Yard looking on; there was a great Noise, and I said, Bob, what do you do here? he told me he was going home presently; this was a quarter past 11 at Night, and in a quarter of an Hour afterwards, I heard he was taken up. I have known him from a Child, he is a very honest Lad as ever I knew in my Days.
Orman Rod's Defence. I was at work that Night at Rotherhith 'till 8 o'Clock; then I went to Horse-lye-down, and came home to supper; but hearing the Soldiers were come, I went out to see the Sight, and was taken. I live in Rag Fair the Corner of Church Lane.
Robert Page , was a second Time indicted, for that he, on the 30th of July , with divers other Malefactors, to the Number of one hundred Persons, arm'd with Clubs, Sticks, &c. the House of James Farrel , in Rose and Crown Alley, did assault, and several of the Glass Windows, and Shutters belonging to the said Windows, did break and destroy, the said James Farrel , and his Family being in the House; by reason of which the said Farrel for the preservation of his Life, was oblig'd to absent himself from his Family for the space of an Hour And for that he, the said Robert Page , a certain piece of Board did cast and throw into the said House, which struck Catherine, the Wife of James Farrel , on the left Thigh , to the great Damage of the said James Farrel and Catherine his Wife, and to the evil Example of others offending, &c.
James Farrel . I live in Rose and Crown Alley in Church Lane . On the 30th of July I was at home; my Wife was gone to bed with my Godchild, and I was undrest and in my Shirt when the Noise came down the Alley. I open'd my Window and look'd out, and heard them knocking at the next House. Hall and Kelly cry'd out, d - n ye that is not the House, and then they came to my House; I had a Candle in my Hand, and saw that Page and Kelley were the first that attack'd my Windows with their Clubs: Kelly's Wife open'd her Door, gave them a Candle, and cry'd d - n them, have their Heart's Blood. I was at the Window with a Candle in my Hand, and saw the Prisoner break my Windows, and the middle Pannel of the Door. When the Door was broke, I thought it high time to get away; so I open'd a back Casement, and got out in my Shirt from the first Story. I said to my Wife, you can't get out, you must be at their Mercy. I had no sooner spoke, but a Board was thrown in, which hit her on the Thigh, I jump'd out of the Window into the Hog Yard, and heard the Mob crying d - n it, which are Irish Houses? A Farrier let me thro' the Yard, and I went down in my Shirt towards Sullivan's: Fearing I should be known, I came back to the Farrier's, and got to my back Window, and my Wife threw me out something to cover me. While Page was beating against the House, I heard him cry out, d - n it, - more Help, more Help; and they did not leave me one whole Pane of Glass in my Windows, tho' I call'd out to Page - pray young Man forbear, - I ask your Pardon - I don't hurt any Body. Guilty .
John Waldon , scituate and being in Cable Street , with Sticks, Clubs, &c. did assault, and the Windows and Shutters of the said House did break in Pieces and destroy, &c. July 30 .
John Waldon. I keep the Bull and Butcher in Cable Street , and have a great Number of Country Shopkeepers lodge in my House when they come to Town; we have some 60 or 70 People in the House, but then we had but 18. The 30th of July, every one in the House was gone to bed but my self, and I was stripped all but my Stockings and Breeches; but hearing the Mob come down, and crying, down with the Irish, and seeing all the Houses illuminated, I bid all my Lodgers get up and shift for their Lives: I got over a Wall 8 Feet high, and some of the Neighbours helped the Lodgers off. I left the House to their Mercy, (for my Wife was out at a Woman's Labour) and they stole and broke every Thing I had. I staid in the House, 'till the Shutters and Glass all flew in together. They did not enter the House, but they reached in with their Arms, and took Meat out of the Windows. Six of my Shutters were broke, and 70 odd Panes of Glass, which Damage cost me 3 l. 13 s. to repair. I can't say I saw any of them.
Mary Conelly . I livs about 20 or 30 Yards from this Man's House; and the Night this Disturbance happened, somebody came and told my Mother the Mob was coming, and that her Name ( Ann Austin ) was mention'd. They order'd the English People to put out Lights, and the Cry was, down with the Irish. I saw Mickey and several others beating against Waldon's House. I went out among the Mob, but shifted from one Place to another, lest they should know me. When the Soldiers came, they threw away their Sticks, andran away, and Mickey followed them after his Stick was gone. Hall I can't say I remember, but I got Mickey secur'd that Night. I went next Morning to see him in the Tower, and he cry'd to me d - n ye, what are you upon.
John Bivin a Serjeant. The Prisoner Mickey I seiz'd at this Woman's Request; somebody said, this is one of the Rioters, and I laid hold of him I can't say I saw him do any thing, or that he had any Thing in his Hand.
- Potter. July the 30th, I saw a great Number of People breaking Waldon's House; among the rest I saw Hall in a red (I believe it was his Regimental) Wastcoat, he hollow'd out down with the Irish, but I did not see him do any thing I met him afterwards, and asked him, if he was not ashamed, he being a Soldier , to be guilty of such Things? Hush, hush, said he, for God's sake hold your Tongue. I saw him at some Distance from Walden's House, hollowing, while others were breaking the Windows; I heard them call out for the English to put out Lights, and saw them hand Meat out of the Window.
Ann Bell . I have known Hall a good while; the Night this Riot happened I saw him going before the Mob; when they had broke Waldon's House, they went to the Windmill, then they came back to Mrs. Austin's, and broke that, and Hall was with them, crying down with the Irish
Mickey's Defence. After I had done work that Night, I call'd upon my Master (who sells a Dram) and I had part of a Quartern of Gin, then I went to the Queen's Head in Rag Fair and had a Full Pot of Beer; going home I met an old Master of mine, who is a Headborough, at the End of Church Lane, and he charged me to assist him; I went to the Watch House, and was seized by the Soldiers. Conolly when she came to the Tower, said, she could swear against a Brewer's Servant, and took him for me.
- Abbot, gave the Prisoner a good Character, and said, Conolly's was but very indifferent.
Mosely (Headhorough.) I was called up at that time to assist my Neighbours, and followed the Mob to the Bull and Butcher; at the End of Church Lane, I met Mickey, and charged him to assist me. He went up White Lyon Street with me, where the Mob were beating down another House; I lost him in the Croud, and found afterwards that he was taken up. I have known him some Years.
- Adams. Mickey lived in my House, and the Night that this happened he stood at my Door while the Mob was beating down some Houses in Church Lane, where I live, I miss'd him, and went down to see them, at the Bull and Butcher; I did not see him there, but in half an Hour after I heard he was seiz'd. I told him before he went, he would go and look on, and get himself taken up.
- Lyddal. I saw Mickey standing by the Watch House, and says he, what pity it is they take up the English? they ought to take up the Irish; a Soldier said, he was one of them, and shoved him into the Watch House.
Hall's Defence. I worked at Mr. Sharp's, a
Justice Phillips. I was by when Mickey was taken, the Girl said she had marked him, and followed him, and that he was never out of her sight, I was with the Soldier that took him, and the Girl did charge the Soldier with him; she gave the same Account, that she has now done, when she was examined before me, and Colonel Williamson. Both Guilty .
Joshua Hall was likewise found guilty on the 2d Indictment.
14, 15, 16, 17. James Matthews and Thomas Times , were indicted for stealing a Wooden Box value 1 s. and 20 lb. of Thread value 12 l. 12 s. the Goods of John Anguess ; and a Bellmetal Bell value 16 d. the Goods of George Street , from on board the Ship John and Margaret , September 15 . And Ann Martin and Susan Jackson for receiving the same knowing them to be stole . Matthews guilty , all the rest acquitted .
18. Elizabeth Richards , was indicted for breaking and entering the House of James Huggins , and stealing 2 Cotton Gowns, a pair of Stays, &c. the Goods of Mary Thomas ; and a Callamanco Coat, 2 Aprons, &c. and 10 s. 9 d. the Property of Joseph Parker , September 13 . Guilty 39 s.
William Chapman, September 27, about 11 at Night I stood up to make Water in Well-close Square. The Prisoner called out for some body, and I said, Hollo. I struck into the Road, she followed me, and we walked together to Shadwell Church, there she asked me for a Pint of Beer. We went into a House and had a Pint of Beer; then we went to Shadwell Mar ket, and there having occasion to ease my self, I put my Watch into my Coat Pocket; then we went into the Fields, but she wanted me to go to Ratcliff Cross; I went cross the Market with her, and had the Watch then in my Hand, but I lost it, and I said, Hussey you have got my Watch. She made a Noise, and up came 2 Men, and then she scolded and called me Names; I collar'd one, but he got from me, and they both ran away. Then I carried her up Market Hill, and at the White Lyon Tavern Back Door, she said she wanted to tie her Garter, and there I suppose she dropped my Watch, for there it was found the next Morning.
Prisoner. Ask him on his Oath, if he did not mislest (molest) me first, and tell me he and I must be better humour'd? Nay, ask him if he did not mislest me in the Ale-house? And ask him if he did not haul me cross the Kennel; and on the Sun Tavern Steps, at the Back Door that is stopped up, if he did not - and mislest me there again?
Stephen Moore . September 29, I was going to work about six in the Morning, and at the Back Door of the White Lyon, on a Heap of Ashes I found this Watch. The Prosecutor had the Creature before the Justice, and charged her with taking his Watch; my Master hearing this, and knowing I had found one, he went and told the Justice.
Prisoner. He had me before the Justice; no, I went voluntary my self, - O ye vile Rogue! I met him in Well-close Square, where are you going, says he? What's that to you, says I, don't be so sulky, says he. I told him if he went on, he'd meet somebody to his Mind: but going along we came to an Alehouse, where there were Curtains to the Windows, so he made me drink part of a Pint there. When we came out, he haul'd me down Sun Tavern Fields, I asked him what he was going to do; and being a'lone Woman he haul'd me cross the Kennel, and got me down on the Steps, and said, d - n ye, if you squal I'll give you a good Knock: After
The Prisoner was the Prosecutor's Apprentice , and having absconded from his Master's Service, was suspected, found, and carried before Colonel Exilby , where he made a Confession, which being proved, was read in Court, and the Prisoner was found guilty of single Felony .
26, 27. Susan Stevens and Thomas Stevens (her Husband) were indicted, Susan for stealing 2 silk Petticoats and a Box Iron , the Goods of John Lucas , September 1 ; and Thomas for receiving one silk Petticoat knowing it to be stole , Sept. 10 . Susan guilty 4 s. 10 d. Thomas guilty .
No one appearing when called, the Prisoner was acquitted .
30. Elizabeth Tuckfield , was indicted for receiving a pewter Tea Pot, a Quartern Pot, 6 lb. of Beads; 8 lb. of Bugles, and several other Things, the Goods of John Greenwood , knowing them to be stole , September 1 .
None appearing to prosecute, the Prisoner was acquitted .
The Prosecutor not appearing, the Prisoner was acquitted .
32. John Lyon , was indicted, for that whereas Edward Bonner , was convicted of a Robbery on the Highway by him committed July 23 , he the said Lyon did falsely and maliciously depose and swear, that the said Bonner was at the Greyhound Inn in Smithfield from eleven to three of the same Day; whereas in Truth and in Fact, the said Bonner was not there, not at any Place commonly so call'd from eleven to three on that Day .
The Counsel for the King having opened the Charge, and the Record of Bonner's Conviction being read, the Witnesses were called.
Mr. Hasswell. The 23d of July last, I was going in a Chariot to Southgate, and a little on this side Tottenham, the Coachman turned down the Green Lane. In this Lane 2 Men came up, one on one side, and the other on the other side of the Chariot and robbed me, between 1 and 2 o'Clock. Bonner was convicted here for this Robbery last Sessions. I did not swear positively to the Man: it was proved upon him by other Evidence. 'n behalf of Bonner there appeared at the Trial Abraham and Susannah Wells , Story, who is since dead in Newgate, and John Lyon the Prisoner at the Bar. He is the Man who swore on that Trial that he met Bonner the 23d of July in Smithfield; that he went with him to the Grey hound Inn, that they were together from eleven to three in the Afternoon; that he wrote a Receipt for Money paid by Wells to one Foiler a Grazier in Essex
Lyon. I only desire you to take notice he does not swear to Bonner.
The Constable. Bonner was tried here last Sessions, and he produced the Prisoner Lyon, who was sworn in Court, he deposed that he was with Bonner from 11 to 3, and wrote a Receipt for Money which Wells paid to one Foiler, and was never out of his Company all that time.
Philip Wilson . My Master was travelling to Southgate, the 2 d. of July; I turn'd out of the Road on this side the High-Cross. into the Green Lane and saw 2 Men hollow to one another. I turn'd back and saw Bonner and Cocky Wager following the Chariot. I saw them both very plain. before they mask'd themselves: I did not expect a Robbery, 'till I saw one of them mask himself; and I am sure the Man who was try'd here last Sessions, was one of them that robb'd my Master between 1 and 2 o'Clock. The Prisoner Lyon swore on that Trial, that he was in Bonner's Company from 11 to 3 the 23d. of
Wilson. I said I would inform my self a little more, before I would swear to him, I had a Mind to inform my self a little better, and on that Information I was sure he was the same Person.
Council. Now we will shew the Assignment of the Perjury; and that he was not at the Greyhound Inn, that Day.
John Broughton . I keep the Greyhound Inn. I did not know Bonner, nor did I see him there that Day. The Prisoner I don't remember I ever saw in my Life 'till last Sessions. I did not go into the several Rooms, for I was at the Book, taking Money for the Grazier's all Day. I go out at Dinner sometimes, but I did not see any of them.
Council. Is there not a Register kept of the Cows, &c. that are sold in your Market?
Broughton. Yes, I set them down, and there was no such Beast paid for that Day, nor was Bonner any Customer of mine.
Theophilus Joiner . I knew Mr Bonner, and I was all Day July the 23d at the Greyhound Inn, but I cannot recollect that he was there at all. I was at my Books all that Day; for I am concerned for several Persons who sell Goods in the Field, and I take their Money. I was in the Front of the House, on the right Hand, going in at the Door. I never saw the Defendant Lyon in my Life. 'Tis a large Inn, but most of the Rooms were taken up: Bonner might be there, but I did not see him there all that Day.
Council. We prove by Wilson that he was the Man who robb'd Mr. Hasswell, and we say Foiler is a fictitious Name; if what we say is not true, it lies on him to produce this Foiler. We can go no farther than Negative Proof, if he can produce a Person to make out the Affirmative, we must submit. Guilty .
33 Abraham Wells was indicted for wilful and corrupt Perjury, in swearing that on the 23d. of July , he bought a Bullock in Smithfield of one Foiler, and that afterwards in the said Inn, he paid the said Foiler 10 l. which he ow'd him, and was in company with Edward Bonner at the said Inn, from 11 o'Clock to 4 or 5 in the Afternoon: Whereas in Truth and in Fact, the said Bonner was not at the Greyhound Inn from 11 to 4 or 5. &c.
The Constable. The Prisoner at the Bar appear'd here last Sessions on Mr. Bonner's Behalf, and swore he was in Company with him (Bonner from 11 o'Clock 'till 4 or 5 in the Afternoon: That he bought a Bullock in Smithfield of one Foiler, and paid him; 10 s. for it, and 20 l of an old Debt, and that Bonner was in Company with him all that Time. I have been with the Prisoner since he has been in Newgate, and said to him, may be your Affairs may be distress'd, and you may want Money; if you will give me an Account, where this Foiler lives, I will enquire for him: He told me I need not trouble my self, for he was dead.
Mr. Hasswell gave the same Account of the Robbery, as in the former Trials, and then proceeded in his Evidence against the Prisoner.
Mr. Hasswell. The Prisoner appeared on Bonner's Trial, and swore that he came to Smithfield on the 23d of July; that he bought a Bullock and paid for it, and went into the Grey Hound Inn with Bonner and Foiler; that Lyon wrote a Receipt for the Money paid, and that Bonner was with him from eleven to four or five in the Afternoon.
John Broughton , in answer to a Question, whether it was not customary for Persons to go up Stairs in his House, deposed, that they never let any Persons go up unless they know them; except when the Horse Market begins, which is about three o'Clock in the Afternoon; that he verily believed if he had had such a Company in his House, who staid so long, he must have seen them.
Prisoner. There are many Bullocks sold in Smithfield that are never book'd: I bought two fat Cows, and drove them home directly. Guilty .
34. Susan Wells , was indicted for that she, as a Witness for Edward Bonner , did swear she was at the Grey Hound Inn in Smithfield with her Husband, and that the said Bonner was in their Company from eleven to four or five . - &c
The Evidence was the same as above. Guilty .
35. Philip Chapman , was indicted for willful and corrupt Perjury, in swearing at Guild Hall , February 14, 1733 . that John Tyson on the 25th of December 1722, was at his House in the Tower of London, and that he ordered himself to be denied to one Myat a Taylor , to whom
George Rignal Chadwick I was at that time Clerk to Mr. Goostrey, and I remember the Prisoner was called as a Witness of Collet and Brown, Assignees of Mr. Tyson; he swore that on the 25 of December 1722, Mr. Tyson ordered himself to be denied, and that he was denied to one Myat a Taylor, and that he was indebted at that time in the Sum of 25 l. or there abouts to the said Myat. I remember there was none of the Witnesses fixed the time but the Prisoner.
Thomas Willmore . I was present at this Trial in Hillary Term, between the Assignees of Mr. Tyson, and those of Mr. Ward, and I heard Chapman swear that John Tyson on the 25th of December was at his House in the Tower of London at nine o'Clock in the Morning; that he ordered himself to be denied to one Myat a Taylor, who came to dun him for Money. This Trial was on the 23d of January, I think, I am not sure.
- Metcalf. This Trial was at Guild Hall, February 23d, 1733. The Prisoner was sworn and examined for Collet and Brown; he swore Mr. Tyson ordered himself to be denied the 25th of December 1722, to Myat a Taylor, and that he was then at his House in the Tower, and owed Myat 25 l. -
Thomas Parsons . I was in the Year 1722 Servant to Mr. Tyson; on Christmass Eve he came down to Woolvaston Hall in Suffolk, and Christmass Day several Farmers dined with him, and on the next Day he went out a hunting; and I remember Sir Casar Child was there that Christmass; Lady Child went down before, but her Coach broke down on the Road, and Mr. Tyson when he came, took her into his Coach, and brought her to Woolvaston Hall. Sir Caesar Child I believe might be there the Day before. Last February I happened to see Chapman and we fell into Discourse about this Affair, and he told me he believed he was wrong in what he swore at the Trial at Guild Hall.
Richard Wood . I remember Mr. Tyson was at Woolvaston Hall the 25th of December 1722, because on that Day he gave out Bread and Beef, and no such thing was done before, or has been done since. I am sure he never was in the Country but that Christmass, nor no Man else.
Thomas Death . Fourteen Years ago next Christmass Eve, I carried some of Mr. Tyson's People and their Goods to Woolvaston Hall, that very Night that he went himself, there were two Coaches together and one of them broke down, so they revoked that Coach and got into the other, and I carried the Luggage and Servants in my Waggon.
- Harrison. I live at the King's Head at Colchester; I knew Tyson very well, he was at my House the 22d and 23d of December (I have forgot the Year) and he went away the 24th to Woolvaston Hall, but my Bill has never been paid yet.
Sir Cesar Child I was at this Tryal at Guildhall, and remember Chapman's being a Witness there: He swore it was Christmas 1722. I never heard either Christmas Day, or the twenty fifth of December mention'd; but only Christmass 22. I know Mr. Tyson did abscond, and did commit Acts of Bankruptcy: I have heard him order Chapman to deny him to his Creditors, many Times before this Christmass, and several Times before my Face. I have been at his House when People have enquired for him, and he has deny'd him; and I have gone through them all, and found him above Stairs. I know he did not care to trust any body to deny him, but Chapman. As to Myat's Name, which they have sworn to, I don't remember I heard it once mention'd: There was Hopegood and How I think I remember mention'd upon the Tryal. I have known Chapman from a Boy, he was always a very honest just Servant; he liv'd with Captain Cleland, and since that he has been a Tenant under me, and I believe he would no more forswear himself, than I would
Mr. Cotton. I was at the Tryal, and remember what Chapman swore; it was, about Christmass 1722 he had such Orders from Tyson. I don't remember Myat's Name was ever mention'd. I had a List of Tyson's Creditors, and I think there was no such Name among them.
Mr. How. I know Mr. Tyson, - I have
Mr. Linton. I was at Tyson's at Christmass, 1722, for Money, Chapman has deny'd him, and I have afterwards seen him go out.
Mr. Wilkinson. Mr. Chapman on the Trial mention'd no particular Day. he only said about Christmass 1722. I believe him to be as honest a Man as lives, and that he would not forswear himself for the Universe.
Mr. Fleming. I went down that very Christmass to Woolvaston Hall with Mr. Tyson; I cannot be sure whether it was Christmas Day or the Day after; but it could not be before Christmass, because I remember all the Shops were shut up. I waited two Hours at the Man in the Moon at White-chappel for him: At last he came, in a mighty Hurry, We whipt into a higher Chariot, and away we went, no Creature with us. I have known Chapman sixteen Years, an honest Man, and don't believe he'd forswear himself.
Sir Caesar Child: Mr. Tyson that Christmass was to have call'd upon us, at Woodford Bridge, and we were all to have gone into Suffolk together; but he sent us Word we must set out before him, and he would meet us at the King's Head at Colchester, but he did not come, and we went down to Woolvaston, and Tyson came down a Day or two after, and this Gentleman was with him. Acquitted .
Thamar Trantum. I only desire to be clear'd of him, I never bedded with him, and have nothing to do with him. His first Wife own'd she was marry'd to him; and took her Oath of it before the Justice.
Another Witness. I was at Thamar Trantam's Wedding with the Prisoner Smart. She was marry'd to him the twenty ninth of August. I never saw the first Wife 'till Yesterday; and then she was carried away from us by Force.
Q. Have you brought the Parson that marry'd them?
Witness. No But I will go and see if I can get him, his Name is Gainham, a Fleet Parson.
Dr. Gainham. They have a Certificate of this Marriage, but it is none of mine: Mrs. Ball gave it them, but I marry'd them.
Q. Do you remember the Prisoner and this Woman?
Gainham I don't remember Faces, 'tis impossible, quite impossible I should remember Faces. I know I married two People by those Names.
Q. do you know the Prisoner?
Gainham. I don't remember his Face; but here is my Register.
Q. What Register is that?
Gainham. 'Tis my Register; a Register of all the People I marry; and as fair a Register as any in England, of all the People that are married by me.
Q. Is it a Parish Register?
Gainham. No, 'tis my own private Register.
Q. What, do you keep a private Register; where do you live?
Gainham. In St. Bride's Parish.
Q. And where do you marry People?
Gainham. In several Houses.
Q. And not in the Church?
Q. Have you Licences when you marry?
Q. And are you not ashamed to scandalize your Character?
Gainham. I do not chuse it; but I am old, and infirm, and am not able to get any Preferment.
Q. And will you commit Crimes because you cannot get Preferment? Does your Conscience teach you that?
Gainham. I do not chuse it, my Lord - but -
Q. Do you know any thing about John Smart?
Gainham. (Reading) On the fifteenth of May, one thousand seven hundred and thirty three, I married John Smart, Drummer of the first Regiment of Foot Guards, to Elizabeth Colt, Spinster.
Q. And do you always marry People by their right Names?
Gainham. Yes, by their true Names. They always give me their Names; and if they go and take out Licences, they tell their Names themselves.
Q. Do not you know you act contrary to the Canons of the Church? Do you know whether the Prisoner is the Man you married?
Q. The Name being in the Book is no Evidence, if you don't know the Man.
Gainham. I have no Remembrance of the Person. Acquitted .
The Grand Jury represented to the Court, that Gainham was a Scandal to his Function; and requested that some Method might be taken to suppress his iniquitous Proceedings.
37. John Powel , was indicted for breaking and entering the House of Henry Hall and Cranley Thomas Kirby , in the Night Time, and stealing thence 140 Pounds weight of cut Tobacco, value seven Pounds , the Goods of Henry Hall , and Cranley Thomas Kirby, October the 3d .
Mr. Kirby. The Morning after our House was broke, which was Sunday Morning between eight and nine, a Servant came to my Chamber, and told me my Cellar Door was broke open, and the Cellar had been robb'd. I went down, and found the Plank of the Cellar Window had been forced open, under my dwelling House. I went down to see what I had lost; and I miss'd about a hundred and twenty Pounds of cut Tobacco; and there was a Train of Tobacco from the Place whence it was taken to the uppermost Stair. I was inform'd that some Tobacco of the same Cut had been spill'd in Old-bedlam: I follow'd the Train, and found it was Tobacco of the same Cut, with that I had lost. I did not care to make an Alarm; but in the dusk of the Evening I went to the Beadle, and asked how many Turnings or Passages there were out of Old Bedlam? He told me there were but Four. I desired him to get me four Watchmen; and these four Watchmen I planted, one at every Passage: And in about half an Hour after they were set, the Prisoner was taken with a Bag of Tobacco on his Back. I live in Bishop's Gate-street , and a Watchman stands within three Doors of this Cellar.
Edward Bagshaw , Beadle. On Sunday after Church was done, Mr. Kirby sent for me, and desired me to get him four or five Watchmen; I told him I could not tell whether I could or not. But about six he came to me and I got him four Watchmen, and supplanted them in Old Bedlam; one at every Turning; none could pass but they must see them. This was half an Hour after eight, and in half an Hour, or three quarters after they were set, this Fellow came by with a Bag upon his Back; one of the Watchmen let him pass, 'till he came pretty near to another, then they took him, and sent for me; I brought the Constable with me, and the Prisoner is the same Man, that was then taken with the Goods upon him.
James Thompson . I am a Watchman: I seiz'd him with the Bag of Tobacco upon his Back. I asked him where he was going with it? He said at first to Billings-gate, then to Petticoat-Lane. He told us he was hired to carry it. He had three quarters of a Hundred all but two Pounds upon his Back, when I laid hold of him, it was in a Canvas Bag; I did not know whose it was, but I found it upon him: He was coming out of Moorfields, through Old Bedlam Gate, and I made him pitch it upon a Bulk in Old Bedlam There were two Men with him, and one of them carried the Prisoner's Hat, but when we seiz'd him they ran away, and he call'd out, Will, Will, after one of them.
Prisoner. Ask him if he has seen me in his Watch sculking about at any time?
Thompson. No, I can't say I have.
Israel Irish . I was planted by Mr. Kirkby's Order in Old Bedlam, and between eight and nine on Sunday Night we took that Man at the Bar with the Tobacco on his Back: we asked him where he was going with it, and at first he said he was going to the Water-Side, and afterwards he told us he was to carry it to Petticoat Lane. When Mr. Kirkby had opened the Bag, he asked him, if he could take upon him to swear the Tobacco was his.
Irish. I cannot say I ever saw him until I took him with the Goods upon his Back.
William Wild . On Sunday the third of October I was sent for to Mr. Kirly's House about this Tobacco, after the Prisoner was taken. We asked him how he came by it; he gave us but a very slender Account of the Matter; he had very little to say; all we could get from him, was, that two Men met him, and gave him a Shilling to carry it for them to St. Catherine's; but he said afterwards he was to carry it to Petticoat Lane; he was in two or three Stories about it. When he was taken, there were two Men with him, and he called out to one of them - Will, Will, take care of my Hat. We judged the Tobacco had been stole, so we secured him in the Compter that Night, and next Morning had him before the Lord Mayor. We had a Warrant after this to search the House of Philip Lacy , a Thief, who keeps a Brandy Shop the lower End of Petticoat Lane, by White Chappel; we searched the House, and found Philip Lacy, but no Tobacco.
Robert Blood . Saturday will be a Fortnight, I made the Cellar fast; I locked it, and it was secure about six o'Clock in the Evening, when it began to be duskish. Between seven and eight the next Morning I got up, and found the Cellar Window broke open; it was Sabbath Day Morning, and had been light some time. I acquainted my Master that the Cellar was broke open; we went down, and found we had lost Tobacco out of a Hogshead, and that it had been spilled in the Cellar, and all up the Stairs.
Q. Was the Tobacco you saw on the Prisoner, your Master's?
Blood. It was exactly the same Cut, and very much like his Tobacco. I did not see it until I came before the Lord Mayor; and I do not remember that the Prisoner owned then, that the Tobacco that was produced against him was the same that was taken upon him.
Thompson again. I took the Tobacco from the Prisoner; I seized it on his Shoulder, and the Constable shewed it to this last Witness. It was the same Tobacco we found upon him, and the same that was shewed upon Mr. Kirby's Compter.
Q. (To Blood.) Do you believe that Tobacco to be your Master's?
Blood. To the best of my Thoughts, it is. It is the same Cut, and is very much like it; nothing can be more like it - nothing in the World. We have not brought the Parcel we took on the Prisoner, but we have brought Samples of both, and any body that has any Judgment in the Goods, on comparing them together, will think as I do. I was but the Day before cutting and sifting this very Tobacco, and I do look upon it to be my Master's.
On Sunday I went over to Old Street, (I live in White Chappel,) about setting up a Pair of Grates, and the People I went to asked me to stay and dine with them; I staid there until seven or eight of the Clock at Night; and as I was going over Moor-fields towards where I live, I over took two Men, and they said they would give me a Shilling to carry their Bag to the Water-side, in order to their putting it on board a Ship. They appeared like Sailors, and I, thinking no harm, took it, and one of them carried my Hat; so going through Bedlam, I was stopped by these Men.
Q. Have you any Witnesses?
Prisoner. No; None at all now. Acquitted .
38, 39. Richard Curtis and Edward Joice , were indicted for wickedly and maliciously contriving, and conspiring (with divers others,) to charge John Drinkwater with a Robbery on the Highway, to the great Damage, &c. of the said John Drinkwater .
The Prosecutor Drinkwater (and his Witnesses) being called, but not appearing, the Court directed the Jury to acquit the Prisoners .
Richard Rustead , was indicted, for that he being a Person of an evil and wicked Disposition, and a common Deceiver of his Majesty's Subjects, on the ninth of October , in the Parish of St. Michael Quern, did defraud Philip Lunkley by false play at Cards, at a certain Game called Cutting the Cards, of the Sum of Three Shillings and Six Pence, the Money of the said Philip Lunkley; and which Money Richard Rusthead , into his Possession unlawfully did get, to the Damage of the said Lunkley .
To this Indictment the Prisoner pleaded not guilty, and declared he should not be ready for Trial until the next Sessions, and desired to traverse his Indictment; and his Trial was accordingly deferred.
41. Mary (the Wife of John) Sommers , was indicted, for that she on the fourteenth Day of February, in the second Year of his Majesty's Reign , in the Parish of St. Bride's London, did take to Husband John Sommers , and to him, was then and there married; and that afterwards, to wit, on the twenty seventh of April, in the second Year of his Majesty's Reign, she the said Sommers, in the Parish of St. Bennet Paul's Wharf , feloniously took to Husband , and to him was then and there married, her former Husband being then alive .
To this Indictment the Prisoner pleaded not Guilty; and desired her Trial might be deferr'd 'till next Sessions, many of her Witnesses being in the Country, and she on that Account unable to make a proper Defence. Which Request was granted by the Court.
42. Grace Powell , of St. Giles's in the Fields , was indicted for stealing six pewter Plates, value six Shillings, and an iron Bed-screw, value six Pence , the Goods of Samuel Pate , September the 11th .
Samuel Pate . The Prisoner lodged in my House, about a Week; and while my Wife and I were out, she took that Opportunity to take out Key, and rob us of the Plates and the Bed-screw. They were found upon her. This Woman took the Bed-screw from under her Petticoats. When I saw it, I asked her how she came by it, and she said it was none of mine, I had nothing to do with it: Well says I, how you got the Key of the Door I know not, but I will enquire: Upon this she went down into the Cellar, and two of the Plates dropped from her: I heard them fall, and so I followed her, and found two more dropped down the House of Office.
Prisoner. Are not you a vile Man to say you found them upon me?
Martha King . I took the Bed-screw from under her Petticoats, it was thrust under the String that ty'd them. When we had taken this, she went down Stairs into the Cellar, and dropp'd two Plates upon the Stairs, I saw her pull two more out of her Bosom, and two more she dropped down the Vault. I saw her pull the Plates out of her Bosom upon the Stairs.
I was at a stand, being just come out of St. Martin's Workhouse. That Samuel Pate letts two-penny Lodgings, and entertains Black-shoe-fellows, and sells Drams. I own I had drank three or four Drams, and if I had the Bed-screw, it was unknown to me. How the Plates came there I do not know, I never handled them. That Woman, King, used to be there, and the House used to be full of People, Men and Women, all lie together in the same Room. I happened to say something he did not like - O ye B - h, says he, I will stick upon your Skirts. I have no Friends but God and my self. Acquitted .
The Trials being ended, The Court proceeded to give Judgment as follows:
Received Sentence of Death 3.
Frances Olave , Thomas Elsey , Thomas Farmworth , James Matthews , Elizabeth Richards , S - F -, Ann Ashman , Thomas Martin , Zachariah Ogden Dimsdale , Susan Stevens , Thomas Stevens , and Elizabeth Gardiner .
Burnt in the Hand 1.
Robert Page , Thomas Putrode , and Joshua Hall , to suffer two Years Imprisonment, and each of them to find two Sureties to enter into Recognizances of fifty Pound each, themselves to be bound in the Penalty of one hundred Pound each, for their good Behaviour for seven Years.
William Orman Rod, and Robert Mickey , to suffer one Years Imprisonment, each of them to find two Sureties of fifty Pound each, and themselves to enter into Recognizances of one hundred Pound each, for their good Behaviour for four Years.
John Lyon , and Abraham Wells , to be let twice in the Pillory for the space of an Hour, between twelve and one at Noon; the first time in West Smithfield, the second time against the Royal Exchange; to suffer six Months Imprisonment: each of them to find two Sureties of forty Pound each, and themselves to enter into Recognizances of one hundred Pound for their good Behaviour for twelve Months.
Musick Books printed by, and for A. Pearson, over-against Wright's Coffee-house in Aldersgate-street.
1. A Treatise of the Natural Grounds and Principles of Harmony. By W. Holder, D. D. Fellow of the Royal Society, and late Sub-Dean of their Majesties Chapel Royal. To which is added, by way of Appendix, Rules for playing a Thorow-Bass; with variety of proper Lessons, Fuges and Examples to explain the said Rules. Also Directions for Tuning an Harpsichord or Spinnet. By the late Mr. Godfrey Keller . With several new Examples, which before were wanting, the better to explain some Passages in the former impressions. The whole being revised and Corrected from many gross Mistakes committed in the first Publication of these Rules. Price Bound 3 s.
2. Ravenscroft's whole Book of Psalm-Tunes in four Parts, and the Names of the several Authors who compos'd them. Being the Tunes which were and are generally Sung in England, Scotland, Wales, Germany, Italy, France, and the Netherlands, &c. With the usual Hymns and spiritual Songs. Newly done in a fair large Character: The whole being drawn out in Score, the Cantus or upper Part, being Put in the Treble Cliff, and Corrected from several gross Errors in the former Edition. To which is added, an Historical Account of Musick in general, and of its Divine and Civil Uses; Collected from several Authors. Being proper to be Bound up either with the Old or any of the New Versions of the Psalms. Price Bound 2 s. 6 d.
3. The second Book of the Divine Companion, or, David's Harp New Tun'd Being a choice Collection of New and Old Psalms. Hymns, and Anthems, for One, Two, Three, Four, and Five Voices; none of them being ever before printed. Price Bound 3 s.
4. Catechetical Questions in Musick, containing a Hundred and Seventy Questions, fairly answered and made plain to the meannest Capacity. By William Gorton , one of her late Majesty's Musicians in Ordinary. The Second Edition. To which is added, By way of Appendix, a Musical Dictonary, explaining such Greek, Latin, Italian, and French Words as generally occur in Musick. Price Bound 1 s. Stitch'd 9 d.