Wednesday the 8th, Thursday the 9th, Friday the 10th, Saturday the 11th, and Monday the 13th of December, 1736, in the 11th Year of his MAJESTY's Reign.
Being the First SESSIONS in the Mayoralty of the Right Hon. Sir JOHN THOMPSON, Knt. Lord-Mayor of the City of LONDON, in the Year 1736.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane. M, DCC, XXXVII.
BEFORE the Right Honourable Sir JOHN THOMPSON , Knt. Lord-Mayor of the City of London; the Honourable Mr Justice Probyn; the Honourable Mr. Baron Thompson ; Mr. Serjeant Urlin, Deputy-Recorder of the City of London; and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
1. Elizabeth Hart , of St. Peter Cheap , was indicted for privately stealing a Fan, value 10 s. the Goods of Robert Andrews , seven Yards of Cambrick, value 20 s. two Holland Aprons, value 5 s one Cambrick Handkerchief, value 2 s. the Goods of Benjamin Baddily ; a Holland Mob, value 1 s. three Caps, three Aprons, and other Things , the Goods of Ann Weston , in the House of Benjamin Baddily, Nov. 7 .
Benjamin Baddily. The Prisoner came to me as a Servant , September 22, and was turn'd away Nov. 8. After she was discharged, this Parcel of Cambrick was found conceal'd in her Bed; another Servant found it, and brought it to me. I examined the Stock in my Shop, and found I had lost Cambrick, but I cannot swear to this, because she has destroy'd the Mark. The Fan belongs to a Lady who came to my House on Lord-Mayor's Day to see the Show; 'tis a very particular Thing, and I took particular Notice of it, and swear 'tis the same. The Day after she was discharged, I went in pursuit of her, and found her; I tax'd her with the Goods, and she confess'd she stole the Cambrick while the Family was at Church, and that the Fan was at one Mary Brand's House; she took it off the Table in the Dining-Room; she own'd she took the Fan, the Cambrick, and this Apron. I did promise, (in order to bring her to a Confession) that I would be as favourable to her as I could; but I did not promise her that I would not prosecute her.
Mary Brand . A Day or two after my Lord-Mayor's Day, the Prisoner brought this Fan to me, to keep for her; she told me that she found it; but when she came so suddenly from her Place, I delivered it to her again; she did not care to take it, and desired I would burn it; I refus'd, and her Master taxing her with it, she return'd it to him.
Ann Weston . I live with my Brother Baddily; we had a Suspicion that she was not honest, therefore she was turn'd away. The Cambrick being found in the Bed where the Prisoner lay, I went immediately to look over my Things, and miss'd an Apron and a Cap: The Apron she brought again, and confess'd to me that she took it; but as the Mark is taken out, I will not take upon me to swear 'tis the same I lost.
Elizabeth Callowell . I was the Prisoner's fellow Servant; she desired me, just before she went away, to look in her Bed for some Cambrick which she had bought to make Handkerchiefs, and begg'd I would convey it to her unknown to my Master. I found it, and it was shew'd to my Master.
Mr. Baddily. This is the Cambrick which she confess'd she took from me.
Callowell. She confess'd the same in my hearing.
2. Phillis Pratter , otherwise Fratter , was indicted for privately stealing 12 Yards of Cloth Calimancoe, 21 Yards of Persian, one Yard of green Ducape, four Yards of white Sattin, a Quarter of a Yard of green half-ell damask, half a yard of yellow worsted Damask, a Quarter of a Yard of Holland, three Holland Shirts, three Pair of Scissars, a Pair of Bathmetal Buckles, one Yard of scarlet Tabby, two Yards of blue Velvet, three Yards of Cloth-colour'd Shagreen, one Yard and half of blue Mantua Silk, two Yards of Cloth-colour'd Silk Damask, one Yard of Brocade Silk, and other Mercery Goods , the Property of William Ryder , in the Parish of St. Sepulchre's October 30 .
William Ryder. The Prisoner was my Servant a Year and three Quarters, and as some of my Servants lay in the Shop, she used to make their Beds. I suspected her to be dishonest, for we frequently miss'd Half-pence out of a Box behind the Counter. Once we told 4 or 5 s. worth, and miss'd 15 d. Another time we miss'd 2 s. 4 d. I taxed her with robbing me, and searched her Trunk; this was Nov. 30 I took out 12 Yards 3 quar. of Cloth-colour'd Calimanco; 21 Yards of yellow Persian, in two Quantities; one Yard of white half-ell Sattin; a Remnant of green half-ell Damask; a Remnant of half-yard yellow Ditto; a Remnant of yellow worsted Damask; two Remnants of Holland and Scotch Cloth; three Holland Shirts mark'd with my Name, some Scissars of my Servants and mine; a Pair of Bathmetal Buckles, these Things I can swear to. We found several other Things at one Mr Jordan's Lodging in Swallow-Street, who was an Acquaintance of hers, and had been at my House several times: Here we found one Yard of scarlet Tabby, some broad black Velvet, three Yards of Cloth-colour'd Shagreen, two Yards and half of yellow, ditto; half a yard of Damask, one Yard 1-8th of blue Mantua; these and several other Things, were taken out of her Box at Jordan's. At one Mr. Markham's, a Baker, we found out two Yards and a Quarter of Cloth colour'd Damask; one Yard of half ell brocade Silk; half a Yard of blue Silk Damask, half a Yard of scarlet Velvet; half a Yard of figur'd Stuff, and two Remnants of figur'd Silk; all these were ty'd up in a Handkerchief of my Journeyman's; and we found likewise 3 s. which was Money we marked, but 'tis not in the Indictment.
Charles Trap . The Prisoner was my Master's Servant near two Years; but missing some Halfpence out of the Drawer, we suspected her to be dishonest: I put 6 s. in Half-pence into the Drawer my self, and lock'd up the Shop; she went in to make the Bed, and left the Door open: I was then at home, and am certain none went through the Shop. I told the Money over after she was gone out of the Shop, and miss'd 2 s. 4 d. I acquainted my Master next Morning, and she was charged with it; she deny'd it; but my Master insisting on her Boxes being open'd, we found these Goods which have been mention'd, and which I can swear to: I was present when they were found in her Room up two Pair of Stairs. She said nothing at all about the Goods; and as to the Money, she said it was a Picque of the Journeymen to put her out of her Place. I was likewise present at the taking the Goods from the other Places: These were taken at Jordan's in Swallow-Street; I swear they are my Master's. When the Prisoner was carried before Sir Richard Brocas , they were produced, and she confessed she took them. These Goods were taken at Charles Markham 's, a Baker in Westminster, ty'd up in my Handkerchief. Markham had served a
Mr. Jordan. These Goods were left at my House, but I can't say who left them; they were under Lock and Key, and the Box was brought by a Porter for the Prisoner; I cannot say, that the Prisoner put the Goods into the Box, it was at my House before she went to live at Mr. Ryder's, nor did I ever see the Inside of it till Mr. Ryder's Man open'd it.
Q. Did you never see it open'd while it was at your House?
Jordan. She has opened it, but I never look'd into it.
Q. When she has open'd it, have you never observ'd her to put any Thing in it?
Jordan. Not to my Knowledge; she never open'd it but once, and that was while she liv'd with Mr. Ryder; it was one Sunday Evening, and then I don't remember I saw her put any Thing in, or take any Thing out.
Mr. Ryder. I believe both these People to be honest; when she went to their Houses, she might take no more Goods than she could conceal under her Apron, and she might convey them into her Boxes without their seeing her.
Defence. I am not guilty; I never took any Half-pence.
Q. Can you give any Account, how Mr. Ryder's Goods came to be in your Boxes?
Jordan. I have known her three or four Years, she was a Fellow Servant with my Wife, and never heard but that she was honest till now. Guilty . Death .
Daniel Marcon. About the Middle of July last, the Ship Nancy (of which I am in Part Owner) arriv'd from Barbary, of which there was a large Quantity of Copper, the Property of myself and two or three Merchants. In order to land this Copper it was put into Lighters, my Quantity was about 9 Tun Weight, 386 double Heads; when my Part was landed at Galley-Key, I miss'd nine double Heads; I enquir'd then, whether the other Proprietors had their Complement; one miss'd seven double Heads, another miss'd a double Head and a half; a double Head weighs about half a Hundred, some more, some less, they are in round Cakes, two of them join'd together. I next enquir'd, whether the Copper was all come from the Ship, and I found my whole Quantity had been put on board the Lighter; I sold what was brought ashore upon the Keys, and told the Person who bought it, that I had not so much as I expected I enquired still after what I had lost, and about three Weeks afterwards, Mr. Briggs came and told me, he believ'd he had discover'd my Copper. I went with him to one Mr Gardiner's in Barbican; Mr. Gardiner was not at Home, but I saw the Copper, and took Notice of the Marks D, and D L P, on two Heads; there was six or seven in a Heap. Mr. Briggs said, Mr. Gardiner was a Man of Honour, I might trust him; and that he was sure he would give an Account how he came by them. Next Day I saw Mr Gardiner, and he told me that he bought the Copper of the Prisoner, and that Mr. Hone had bought another Parcel of him. I was obliged to take out a Search Warrant, but knowing the Prisoner's Character, I did not make use of it. Mr. Hone shew'd me the Copper he bought of the Prisoner, and I saw the Mark D on one of the Heads. We then sent for the Prisoner to a Publick House, and Word was brought us, that he was out of Town; but about the latter End of Aug. Mr. Briggs, Mr. Gardiner, Mr. Hone, and myself, met at the White-Lyon Tavern in Aldersgate-Street, and the Prisoner came to us, with a Friend who was to advise him; he own'd he sold Mr. Gardiner and Mr. Hone the Copper, but he did not know the Person he himself bought it of. We allow'd him two or three Days to find this Man out, but he could not, so I took the Prisoner before Sir Richard Brocas, who committed him; he offer'd Bail, I accepted it, and was in Hopes he would have found (by this Time) the Person that he bought it of.
Mr. Gardiner. I have known the Prisoner about five Years, I have dealt with him in his little Way of Trade, he is a Founder as well as I. In July last he brought a Piece in his Hand to my Shop, and asked me if I wanted any Barbary Copper; he asked 4 l per Hundred for it; I said he must leave it for me to try, for some of this Barbary Copper proves very bad: He left me two Heads and they prov'd indifferent, so I-gave him 4 l. per Hundred, and took a Receipt for the Money: I think there was about 300 l. weight, and I did not observe any Marks upon it, nor did Mr. Briggs, or Mr. Marcon shew me any; but the Copper which Mr. Marcon claim'd, was the same I bought of the Prisoner. The Discovery was made by my telling Mr. Briggs and Sir Thomas Mackworth , at the White Lyon Tavern in Aldersgate-street,
Q. I ask you, whether Winston used to deal in Copper, and in such Quantities?
Mr. Gardiner. A Man in Trade may take Copper for Goods.
Q. Does he deal in casting Things of great Weight.
Mr. Gardiner. No, small Things; he is a Candlestick-Founder. I was one Day at Mr. Hone's, and I saw he had got some Barbary Copper, and, says I, what, have you bought Barbary too? What did you give for it? Why, says he, the same Price that you did; I bought it of the same Man, but I thought he had no more.
Councel. Then he did not care to let you know what Quantity he had got.
Mr. Gardiner. I did ask him how much he had got, and he told me he had about three Hundred Weight; I thought I had bought all he had. When he met us at the White-Lyon Tavern, he told us, he had it of a Man that bought Candlesticks of him to the Value of 7 l. and who was a perfect Stranger to him. I said, that is stranger still, that you should buy so much Metal, and sell so many Candlesticks to a Man you knew nothing of. I asked him how the Man brought it, he said the Man came himself with Porters (or a Cart, I cannot remember which) and took the Goods he bought away with him. He was asked, whether there was any Bills of Parcels or Receipts given, and he said no, there were none at all; he said he would endeavour to find out the Man, and had his Liberty for three Weeks or a Month to do it, but at last he said he could not do it, and he believed he should hear no more of him.
Councel. Is it usual for People to hawk such a Weight of Copper about with Porters, or in a Cart?
Mr. Gardiner. No.
Councel Pris. Is it not usual for Founders to buy unwrought Copper for the Purposes of their Trade?
Mr. Gardiner. Yes.
Council. And of Persons that come about with it?
Mr. Gardiner. I can't say so, but it is usual to take it in Truck for Goods.
Prisoner. I ask Mr. Gardiner, whether, when my Servants carried the Copper to his House, he did not bid them go and bring him more?
Mr. Gardiner. No, I did not; his Servant's brought me the Copper and he was with them, and took the Money for it; and I have his Receipt for it.
Mr. Hone. The 27th of July last, the Prisoner brought me a Piece of Barbary Copper, and asked me to buy it. I said it was generally bad but if he would leave it for me to try it, if it proved good, I told him I would give 4 l 8 s. per Hundred for it. He left a single Head with me, about a Quarter of a Hundred, and I sent to Mr Gardiner to know the Price of Copper, for I did not know myself; he sent me Word the Price was about 4 l per Hundred; so when the Prisoner came, I said I had over-bid myself, and that I would not give more than 4 l. a Hundred. He took 4 l. and I bought 3 hundred and a half. He told me he had sold Goods to the value of 7 l 4 s. and took this in Payment for them. I had us'd a good deal of it, before Mr. Marcon apply'd to me for it, but he shew'd me the Marks upon what was left, tho' I should not have seen the Mark D upon it, if I had not call'd for a Brush and clean'd it. I have known the Prisoner these five Years, and I know 'tis usual for him to take Brass and Copper from the Brasiers in Truck for his Work, and we thought him a fair dealer.
Q. Did he tell you, he had sold some of this Copper to Gardiner?
Mr. Hone. Not at first; he did afterwards. At the White-Lyon the Prisoner said, the Man he bought it of, was a Stranger to him, and that he waited at his Shop, while he received the Money of me to pay him for it.
Councel. I would ask you, if it is usual to buy Copper in this manner?
Mr. Hone. We all of us have sometimes Metal which we can't use our selves. We have it commonly brought to our Shops. I never heard but that the Prisoner was an honest Man.
Mr. Briggs. I never heard any thing to the contrary before. Mr. Marcon having lost Copper, and Mr. Gardiner telling me he had bought some, I carried Mr. Marcon to Mr. Gardiner's to see it. He told us Mr. Hone's, had bought some of the same. So we went to Mr. Hone's, and sent for the Prisoner, 2 or 3 Nights together, but he was not at Home: At last he came with one Renshaw, who said he knew the Porters to be all Rogues, for he had been among them, and that it might be stole by them. Mr. Marcon allow'd him Time to search after the Man he bought it of; but at last he said he could make no Discovery, and bid us Defiance. Such parcels of Copper are not usually sold to Founders, in the Manner this was Sold, but by Merchants and Factors.
Samuel Parkin . I have been the Prisoner's Servant almost 7 Years: It was in July last my Master bought this Copper. I was at Work in the Window, and the Man asked me if we made such Things. I told him we did; he came into our Shop (we live in Beech-lane) and I call'd my Master to him: He said he wanted some Candlesticks, and had some Copper to dispose of, and if my Master would agree, he would traffick with him. He bespoke three dozen Pairs of Candlesticks, at 4 s. a Pair; after this he brought the Copper, and my Master told him, if he would call again, he would let him know what he could give him for it: Then he carry'd it to Mr. Hone's, and the Man that brought the Copper was to have some Money, and some of our Goods for it. Three Days after he had agreed for the Candlesticks, he sent this Copper (at twice) to our Shop by two Porters; each of them went twice back: My Master and the Man weigh'd it, and my Master set down the Weigh: in a Paper, but I did not weigh it, nor see the Weight. He was a Sea-faring Man in brownish Cloaths, and Buttons of the same Colour, middle siz'd, and had on a bob Wig. He brought it in about Two o'Clock in July last, but I can't remember the Day.
Q. How much did your Master carry to Mr. Hone's for trial?
Parkin. One whole Piece; that is, two Pieces join'd together.
Q. When was the Copper paid for?
Parkin. Not 'till the Delivery of all the Goods.
Q. What was your Master to give?
Parkin. Three Pounds 18 s. per Hundred.
Q. Does not your Master keep a Book?
Parkin. We did not set these down.
Q. How were they carried away?
Parkin. They were not packed up; he took them away with him put up in Papers, in a Basket.
Q. Does your Master keep a Book?
Q. Does he enter what he buys and sells?
Q. What does he keep the Book for?
Parking. He may enter Things in the Book, and I know nothing of it.
Q. When your Master went to Mr. Hone's to know the value of the Copper, did the Man stay in the Shop 'till he came back?
Parkin. No; he went away and came back in about five Hours.
Richard Jones . I was at Work when the Man bespoke the Candlesticks, and told my Master that he had Copper to dispose of; he was a pretty lusty Man, middle-siz'd for Height, in brown Cloaths and a bob Wig: He had it not with him then; but he brought it about Two or Three o'Clock in the Afternoon, by two Porters at twice coming. My Master and I, and my fellow 'Prentice, weigh'd it at several times.
Q. Was Parkin (your fellow 'Prentice) by, when it was weigh'd?
Jones. Yes; and when the Weight was set down. The Gentleman asked my Master what he could give; he said he must ask what it was worth, so he carry'd some of it to Mr. Hone. I know nothing of the Paper in which the Weight was set down.
Q. Did the Man that sold it, stay 'till your Master came back?
Jones. Yes; he staid a great while! but when my Master came back, they agreed about the Price. Mr. Hone said it was worth 4 l. and my Master gave the Man 3 l. 18 s.
Q. How were the Candlesticks pack'd up?
Jones. In Papers, and then put into a Bag.
Q. Are you sure they were put into a Bag?
Jones. Yes, and the Bag (I believe) was put into a Basket.
Q. Who carry'd them away?
Jones. A Porter that stood at the Door.
Q. Does your Master often buy Metal unrefin'd?
Mr. Green. I have known the Prisoner ten or twelve Years; he is a House-keeper, and as to his Character, I never knew him guilty of any thing like this. I would have been bound for him for a thousand Pounds. That Gentleman now has ask'd so many Questions! - Why, when he brings his Goods to me; here's a Piece of Chalk, and there's a Piece of Chalk, and we cast up the one and the other.
Mr. Green. Why these are my Work-folks, and when they bring in their Work, there's the Chalk, and we cast up what it comes to, and pay them. This Man works for the Shops, and he's able to buy a thousand times the Quantity; not that he's able to pay for it, - but he brings it to us, and we bid him buy it, if there's any thing to be got. - There is some of this Barbary Copper now to be sold at a Broker's in Drury-Lane. I have had it brought to my Shop by Jews, and Fellows unknown, but I would never trouble my self for 2 s. a Hundred Profit. I have sold Candlesticks that have come to 10 Guineas, and never book'd them: And I have had 20 Pounds worth of Irish Half-pence, I have weigh'd them: And where do you live, says I? Why, if you'll buy them you may, and if you won't, we'll take them away. Barbary Copper, - 'tis hawk'd about, I have bought some To-day, I know nothing how 'tis come by.
Councel. Then you may buy stolen Goods, and subject your self to a Prosecution.
Mr. Green. In our open Shops 'tis thus; - here's new Goods for your old.
4. Joseph Wells, otherwise Weld . was indicted for stealing a silver Tankard, value 6 l. a Quart silver Mug, value 6 l sixteen Silver Spoons, value 8 l and two Silver Strainers, value 20 s. the Goods of William Barton , in his Dwelling-House , July 22, 1734 .
William Barton , I keep the Swan Tavern in Change-Alley . On a Sunday Evening, the 21st or 22d of July, 1734, I was robbed of a Parcel of Plate, it was taken out of a Room behind the Bar; I advertis'd it, and on the Tuesday following 12 Spoons were brought from the Pawnbrokers; I desired them to secure the Person that brought them if they could. About three Months after, Mary Spratley went to redeem the rest of the Spoons, and the Pawnbroker took her up: I lost sixteen Spoons, a Tankard, a Quart Mug, and two Strainers. Spratley carried a Silversmith's Man with her to the Pawnbrokers, who was to redeem the Plate, and buy it of her out-right. She escaped from the Constable that Time, and the Silversmith came to me, and desired me to go with him to find out Wells the Prisoner; telling me, the Plate came from him, and that he had bought the Tankard of him, which was mark'd PBD We could not find the Prisoner then, for he was gone to Sea with Captain Braund , and Spratley was fled into the Country; but hearing that Wells was return'd to England, and that Spratley was in Town, I found her out, and she confessed she had these Spoons of Wells; two of them were mark'd EAD, and two of them WBA. The Prisoner brought these four Spoons to the Woman, himself.
Zephaniah Crofton . I don't remember any thing of Wells; the Woman ( Spratley ) brought me these four Spoons, and pawned them in the Name of Mary Matthews , July 22, 1734, she had 16 s. upon two of them, and 15 s. upon the other two at two different Times. About the latter End of October, Spratley came with a Silversmith's Man to redeem them; I charged a Constable with her, and sent for Mr. Barton, but she escaped from the Constable, and I saw no more of her, till I saw her in the Compter about a Fortnight or three Weeks ago.
Mary Spratley . Joseph Wells gave me the four Spoons tied with a Blue String, to pawn for him; I was a Servant to him in his Mother's Time, and after he broke I used to go of his Errands He directed me to Grafton's, and bid me say they were for one Mary Matthews, who lay-in; and, says he, they will make no Scruple of letting you have Money upon them; this was about two Years and a half ago; I pawn'd them, and he had the Money; it was 30 Shillings or thereabouts. He told me the Spoons had been there before, and I must take what they had before leat upon them. After I had given him the Money, he went to Sea. - Oh! no, no, he was not gone to Sea, but was up and down. - He told me he was going to Sea with Captain Massey, but the Captain went without him He told me he had sold a Tankard in Whitechapel, and I must go with him there When we came to the Silversmith's, Wells told him I had pawn'd four Spoons, and desired his Man to go with me and redeem them, and then they should be sold to him.
Q. How long was this after you had pawned them?
Spratley. God Almighty bless you; I don't know, about four or five Months I believe. I was to have a Crown of the Money, that I was indeed. The Silversmith could not send any Body with me then, but next Morning his Man and I went to redeem them, and the Pawnbroker sent for a Constable and charged him with me, and carried me to an Alehouse in Bunhill-Field, where
Prisoner. Ask her if I ever directed her to take the Silversmith's Man with her, Thee or Thou?
Spratley. Yes, my Lordship, here is the Man that went with me.
George Gibbs . I liv'd at that time with John Lepar , a Silversmith, without Aldgate He has been dead about half a Year. I went with Spratley to the Broker to redeem some Spoons, and my Master was to have them at a Market-price. She said she had pawn'd them for her Master Wells, who was under Misfortunes, and was then going abroad. She asked the Pawnbroker for the four Spoons, he desired us to sit down a little, and so he got a Constable and charged him with her. The Constable carry'd us to the Angel in Bunhill-Fields; the Broker went for the Prosecutor, and I went for my Master; but when we came back the Prisoner had escap'd. It is probable my Master might know something of Wells, for he had been a Neighbour, and kept a Cook's Shop in Leadenhall-Street.
Capt. Braund. The Prisoner behaved well, during the time he was on board with me?
6. Sarah Pugh, otherwise Edwards , of St. Swithens , was indicted for stealing a red Camblet Child's Cloak, value 2 s. 6 d. a Coral Necklace and Gold Locket, value 10 s. the Goods of William Proudman , Oct. 12 . Guilty, 10 d.
7. Edward Bateman , was indicted for stealing a Horse Pistol, capp'd with Silver, value 50 s. and a Leopard-skin Bag, value 10 s. the Goods of Micajah Perry , Esq ; October 26 . Guilty, single Felony .
^ 9. John Nevet , of St. George's, Middlesex was indicted, for that William Dobson , being convicted of stealing two Cocks, value 2 s. and eight Hens, value 8 s. the Goods of John Peacock , April 2. he the said John Nevet feloniously did receive five Hens, value 5 s. part of the said Goods, knowing them to be stole , April 3 . Acquitted .
^ See Sessions-Book, 1736, No. IV. Page 96.
10. Jane Cooper , of Heston, Middlesex , was indicted, for that she being big with a Female Bastard Child, by the Providence of God, did bring forth the said Child alive; and she the said Jane not having the Fear of God before her Eyes, &c. on the said Child so born alive, did, with both her Hands, make an Assault, and in a certain Linnen Cloth, value 1 d. the said Child did wrap, by Reason of which wrapping the said Child was then and there choaked and strangled; of which choaking and strangling it there died . November 8 .
Anna Maria Margaritta Church. Mary Eldridge told me she had a Bundle left her by the Prisoner, and she was offended with the Smell of it. I thought, as the Prisoner was a Servant to a Butcher , she might have bundled up a Joint of Meat, and so I advised Eldridge not to conceal it: So it was carry'd to Heston Church House, and I was by when it was opened. There was in the Bundle a Shift and some Aprons, and a colour'd Apron next the Child, which was a Female, and which the Prisoner own'd to have been hers. She confess'd she had given Eldridge the Bundle to keep for her, and had ordered her to let no Body see it.
When she was going before Justice Bulstrode, I asked her if she had made a Provision for it, and she said, No, she had not, for she concealed it, and intended it should be concealed.
Q. Did you ask her if it was born alive?
Church. She said it was not born alive; she had made no Preparation for it, and that no Body knew any thing of it but her self.
Mary Eldridge . Last Monday was three Weeks, the Prisoner sent for me, by an old Man, and told me she was going away from her Place, and desired me to take a Bundle to keep for her, (whereof) I did: She took it from under a Settle, and it was sew'd up; when she delivered this Bundle to me, she desired that no Body might see, or meddle with it. I thought it had been her own wearing Cloaths, so I put it up on theGeorge Greenwood 's, where she liv'd. The Child's Arm was broke and its Skull too, and the Face of it was very much mortify'd, which might be occasioned by its having been so long dead.
Elizabeth Hutchins , Midwife. I was sent for by the Parish Officers to view the Child; it was at its full Growth full nail'd, and had Hair on its Head; it was very much maul'd, the Arm and the Skull were broke; and as to the Face it had none; no Eyes nor Nose, and the Skull was clasp'd one Part over the other; I cannot say whether that might happen without Violence or not, but the Arm was broke between the Shoulder and the Elbow; perhaps the clasping of the Skull one Part over the other, might be occasioned by her wrapping it up so close together.
Defence. The Child was still-born, and never was alive in this World. I was delivered of the Child in my Service where I liv'd, and I call'd out, but nobody heard me, so as all was over and the Child was dead, I did not think of telling any Thing about it. Guilty . Death .
She was indicted likewise on the Coroner's Inquest for the said Murder, and found guilty.
11, 12. Elizabeth Davis and Mary Berwick , of St. Mary Whitechapel , were indicted for privately stealing three Gold Rings, value 14 s. the Goods of Benjamin Wright ; and a Snuff-Box with a Silver Hing and studded, value 12 d. the Goods of Ann Turner , Nov. 5 . Davis guilty 10 d. Berwick acquitted .
15. John Powel , of St. Giles's-in-the-Fields , was indicted for stealing thirty-four Wooden half Firkins, value 10 s. one Wooden Firkin, value 6 d. and 1150 l. of Soap, value 20 l. the Goods of Jane Smeaths , Dec. 2 . Guilty 10 d.
16, 17. William Wager, otherwise Corkey Wager , and Edward Baker , were indicted (with William Eadey not taken) for assaulting Samuel Lewis on the King's Highway, putting him in corporal Fear, and taking from him one iron Key, value 1 d, a Nutmeg, value 1 d, a copper Ticket, value 1 d, 3 copper Medals, value 2 d, 3 pieces of Silver Coin, value 2 s. 10 d, 5 Guineas, 2 half Guineas, and 13 s. and 1d, in Money , the Property of Samuel Lewis , August 27 .
Samuel Lewis . August 27 I was coming from Woburn in Bedfordshire, in Company with a Gentleman and a Lady, and near Kentish Town in the Washy-Lane , I met four Horseman, one of them cry'd, Hey! I cry'd, Hallo! When I had rid a little Way down the Lane, Horsenail (who was with them on a Grey Horse) came up and turn'd on my Horse's Buttock. I went gently on, and he brush'd past me and got before me; Sir, says he, you must deliver your Money; another of them said, By G - d, Sir, if you stir, I will blow your Brains out. Horsenail (who stood before me) had a Pistol, and he who was behind me held another to my Head. I had two or three Pistols about me at once, and looking behind me I saw the fourth Man stop a Gentleman in our Company under an Oak Tree, they took him to be my Servant because he had some Venison behind him, and was about twenty Yards behind me. I put my Hand in my Pocket and pulled out the Silver and these Pieces, which I gave to Horsenail. There was four of the Men in all, but I cannot swear to either of the Prisoners; one of them had his Face disguis'd, but the Face of him that robbed me, was as bare as mine is now. I believe they are the Men, because some of my Pieces were found upon them. I gave them thirteen or fourteen Shillings in Silver, and a Silver Moidore, three Copper Pieces, and another Silver Piece, and another Shilling. These are the 3 Pieces which were taken from me; one Silver Piece and two Copper Pieces besides; these I put into the Man's Hand that robbed me among the Silver, the rest of the Money he took out of my Pocket; then the Man who was behind me said, he must search me. D - n it, says the other, he never rides without a Watch, look for it. I pulled up my White Waistcoat to get to my Pocket, and pulled out five Guineas and two Half Guineas. D - n it, says the other, look for his Watch, and he felt all round me. Sir, says he, I must take a little more care, and he felt all about me, and took a Nutmeg and a Key; nay, he took every Thing from me but the Part he could not take. I beg'd they would not meddle with the Lady;
Wager. Mr. Lewis is not certain that Horsenail was one of the Company that robbed him; when he came to New-Prison he said he knew Baker, but that he never knew me in his Life.
Mr. Lewis. Baker has liv'd in our Parish ten or twelve Years, he was behind with the other Gentleman about twenty Yards from me. He did come up with the rest of them to me, but he presently turned back and went to take Care of the Gentleman behind me.
Q. Can you say you remember any Thing of Wager's Voice?
Mr. Lewis. I believe them to be the Men, but Voices differ much.
Baker. Mr. Lewis at New-Prison said, he should have known my Voice if he had heard it a Mile off.
Thomas Walker I was in Company with Mr. Lewis and my Sister the same Time; we were attacked by four Men on Horseback, one of them rid up to Mr. Lewis, but my Sister being forward; he turned his Horse quick upon him, and asked him for his Money, presenting a Pistol at the same Time. Another of them came up and said, If he stirr'd he would blow his Brains out. I was behind them, and the Mare I rode not standing still for want of her Company, one of them came to me and robb'd me under an Oak Tree, about twenty Yards Distance from Mr. Lewis. D - n him, said one of them, He pricks his Mare, shoot him through the Head, so one of them staid with me while the others robb'd Mr. Lewis, and prevented my riding back. When they had done with Mr. Lewis, they took about ten or twelve Shillings from me.
Q. Did Mr. Lewis turn back to ride towards you, when they threatned to shoot you?
Mr. Walker. Yes, he turn'd his Horse's Nose to my Mare's, to make her stand still. After they had robb'd us they said, Now have not we us'd you like Gentlemen? D - n you, be gone about your Business and don't look back. I endeavour'd to conceal my Watch in my Hand, but hearing them say that Mr. Lewis had hid his Watch in his Hand, I slipp'd it into my Coat Pocket and so I sav'd it, this was done in the Washy-Lane, and they all rid off towards Kentish Town. I can't say I know any of the Men, I was then very much surpriz'd, and the Man that robb'd me hung down his Head under the Boughs. one of them had disguis'd his Face, either with a Mask, or with Crape. I really believe the Prisoners are the Men, but I will not Swear to them. Baker's Coat I took Notice of; he had then such a plush Coat on under a riding Coat.
Q. Have you any Reason to believe, that the Man who is a Witness, was one of the Company?
Mr. Walker. The Evidence, Horsenail, I believe, was the Person that robb'd Mr. Lewis.
Mr. Lewis. I know him to be one; for he was some time searching me for my Watch, and felt all over my Breeches, and every where, where he might feel.
Wager. I never saw him before in my Life but in New Prison, and he there declar'd he did not know me neither.
Baker. The Gentleman said in New Prison, he did not know me.
Q. Consider you are upon your Oath, and tho' you are one of the Persons guilty of this Fact, be cautious that you Swear nothing but what is true.
Horsenail. I will: - On the 27th of August, I was in Company with the two Prisoners, and William Eadey , (who is sled to Holland) at the White-Lyon in Hornsey-Lane. About 6 o'Clock, (or a little later) in the Evening, we set out from thence, towards Battle-Bridge: We met some People on the other side the Turnpike, next London, and we robb'd them. Several People coming from Barnet Races, we stopp'd altogether, and robb'd them likewise; but we had robb'd some People before we came to the Turnpike. There were a Dozen (I believe) in Company coming from the Races, and tho' I cannot say we robb'd them all, yet I robb'd one, and they robb'd some of the rest. We were then going Home directly to Hornsey-Lane all in Company together. Eadey was on Foot when we set out, but we took a Horse from one of the Company we robb'd, and then we were all mounted. In returning Home we pass'd Mr. Lewis;
Mr. Barnes. These are the Pieces I had from him there.
Q. Did any of you touch the Lady?
Horsenail. No, no body at all.
Q. Was any body in Company with Mr. Lewis beside the Lady?
Horsenail. Yes a Man, that we took to be the Footman; and I said don't rob the Footman. He was at some Distance behind Mr. Lewis, and Baker staid with him; he did not care to come up to us, because Mr. Lewis knew him.
Q. Did Baker take any Notice that he knew Mr. Lewis?
Horsenail. Yes, he did, when he said, D - n you there's your Mark, and therefore he staid behind with the young Man.
Q. Did Baker give that as a Reason why he would watch the young Man?
Horsenail Yes, my Lord, he did.
Q. Who robb'd the young Man?
Horsenail. Baker did. I saw him have the Money in his Hand, after we had robb'd Mr. Lewis; and he told us, he had got about 7 s. from him. When we had done with them, I wish'd them a good Night, and said we had used them handsomely, and I hoped they would use us the same; for we had not threat'ned them any farther than their Money.
Q. After you had got your Booty, where did you meet.
Horsenail. We went to the White Lyon in Hornsey-Lane, and there we shar'd the Money; the whole Plunder of the Day.
Q. How much did you divide a-piece?
Horsenail. About fifty Shillings each our Dividend came to. I had two; Baker had the Silver Piece which Mr. Lewis asked for when I was in New-Prison, and when I was before Justice Midford; I had the Julius Caesar's's Piece, and the Carolus XII. of Spain, but Baker had the Silver Moidore. When Mr. Lewis asked Baker for it, he told him it was gone to be gilt. The third Piece was lodg'd in Ralph Guy's Hands, who keeps the White Lyon in Hornsey Lane.
Mr. Lewis. I had it from thence.
Horsenail. I have at present a Key belonging to Mr. Lewis, which we took among the rest of the Things; this is the very Key. [pulling out a Key]
Mr. Lewis. This is the Key of my private Bureau, where I keep my Books; this was in my Pocket with the Gold and the Nutmeg. Horsenail told me had it, but resolv'd to keep it till the Day of Trial.
Q. Did you make a Discovery of your Companions before you was Apprehended, or afterwards?
Horsenail. I was taken up on another Account about six Weeks ago, and I voluntarily discovered this Robbery before Justice Midford. I am sorry either, or any of us, should be so unhappy as to be in this State, but the Prisoners were indeed at the committing of the Fact. I have been concerned with them in this Way, but since the 24th of August last.
Wager. I don't doubt but Mr. Lewis was robbed, and suppose he was robbed by Horsenail and his Gang; but I desire to know, whether he can produce any Gentleman of Credit who has seen us together on the Road?
Q. What, do you expect he should produce some Body who saw you together in a Robbery?
Wager. No, my Lord, only with Regard to this Robbery.
Horsenail. Well then, I sent two Subpoena's, one to Edward Tow, who let us through the Turnpike, and the other to Ralph Guy, who keeps the White-Lyon. Tow let us through the Turnpike, and knew what we were upon; he said, indeed, he was sorry for our Courses.
Horsenail. This is the Man at whose House we shar'd the Money.
Q. Did you see (to Guy) Horsenail and Wager and Baker together at your House?
Guy. I have seen them together, but I can't say I saw them together, the Day this Robbery was committed; they have been together at my House, sometimes; but I have no Acquaintance with any of them: Baker I have known these 2 or 3
Horsenail. Who gave you the copper Peice, - the Ticket for the Kings private Road.
Guy. Why - one of-them gave it me, and bid me give it my little Boy. - I had it from Eadey, I think it was.
Q. Who gave you the other Pocket-peice?
Guy. I had it from Baker.
Horsenail. You was present when we shar'd the Plunder.
Guy. I was always counted an honest Man. - I did see them telling Money, but I can't say what they were about. I saw them telling Money from one to the other, - there was Half-pence and Silver, I saw no Gold, - I did not I assure you.
Horsenail. He knew of our going out, and when we came back he said it was pretty well, considering it was late when we went out. Did not we lie at your House that Night?
Guy. They were at my House all Night.
Lewis. One of the Copper Peices I lost, had a String in it, I ask'd about it, and Guy told me he had cut the String off.
Guy. I had this Piece (with the String) of Baker, he gave it me, and at the same Time there was Wager, Baker, Horsenail, and Eadey, together.
Horsenail. So we were; and you saw the silver Moidore in Cockey's Hand.
Guy. No, - it was in Baker's Hand; but you were all Four together. Wager was Arrested for Debt; he got from the Bailiffs and was conceal'd at my House, but that was some Time before I saw this young Man. [Horsenail]
Wager. Why Horsenail used to bring me Money, while I was conceal'd at your House.
Guy. Yes, - he used to come to my House when Wager was conceal'd, - but I never saw him before he came to Wager. Eadey brought him to my House.
Q. You are the Keeper of the Turnpike?
Tow. Yes, I keep Battle-bridge Turnpike.
Q. Do you know the Prisoners at the Bar?
Tow. Yes, my Lord, I have known one of them a pretty many Years; the other I have but a small Knowledge of.
Q. Do you remember whether you let the 2 Prisoners and Horsenail and Eadey, thro' your Turnpike about the Time of Barnet Races.
Tow. I can't remember a particular Day - I cannot remember to have seen them come thro' together in my Life, Horsenail would have persuaded me that I have. I have seen Baker come thro' on Horseback by himself, but I don't know that I have ever seen them together.
Q. About July or August last have not you seen them come through a little Distance from one another.
Tow. Not to my Knowledge.
Horsenail. Please to ask him if he did not speak to Baker the Time that Mr. Lewis was robb'd, and if he did not say he was sorry for our Way of living.
Tow. Not to my Rememberance; I don't remember I did.
Horsenail. Did not we meet you next Sunday Morning at the King's-Arms and Black-Mare? And did not Baker tell you of it?
Tow. Not in my Hearing.
Q. You Turnpike Keepers, often know that Men travel the Roads for these wicked Purposes, and conceal them.
Horsenail. You have known me these 2 Years, tho' not in this Way.
Tow. I never Drank with you.
James Barnes I am Headborough, and took Horsenail the 25th of October (on Suspicion of another Robbery) at Sir John Oldcastle's. I brought him to the Vine Tavern, and took a Pistol out of his Pocket, and my Assistants found another upon him. I taxed him with being concerned in some Robberies, and he said, if I would use him well, and carry him before a Magistrate, he would discover his Accomplices. When he was before Justice Midford he made his Information, and I got Horses and Assistance and went directly to Epping-Forrest; where according to his Instructions I searched 2 Barns for Baker and Cockey; and going thro' a Field to search another, I met Baker, and the Landlord of the House, to which the Barn belongs coming down the Field, about half a Mile from King's-Oak. I kick'd up his Heels, and took from him a Pistol, a Blunderbuss and a Dagger. My Companions seiz'd his Landlord, but he got from them, and is run away. I asked Baker where Cockey was, and he inform'd us, he was in the Barn, about 10 yards from the Place where we took him. The Barn-door was Lock'd, but I threw it off the Hinges; we search'd about, and in the Rafters over the Horses, there we found Cockey cover'd with the Hay. We brought him down and Hand-cuff'd him. Baker then asked if Horsenail was taken, and one of the Company told him yes; upon that Wager quarrell'd with Baker, and ask'd what Business he had to Betray him. But D - n me, said he, I don't care, we shall both be Jamm'd together. Twas as much as we could
Q. Did he own to you who was in Company?
Barnes. Yes; he said Wager, and Horsenail, and Eadey, were in Company together. When I went to this Guy's House, he confess'd they all had been together, and had often lain at his House; and told us, that Cockey Wager had done so many audacious Things, that he had forbid him his House.
C. The Gentlemen in the Commission will prevent his keeping a Publick House to harbour Highwaymen.
Wager. I had been up by Four o'Clock that Morning, to get betimes to Waltham Market; when I came back I was weary, and went up to rest me on the Hay, but about 8 o'Clock I was surpriz'd, hearing a Noise in the Field, and hearing them breaking the Door; so I got up, and said, what is it you want? D - n you, we want you, and we'll shoot you through the Head. I had no Arms, and came down directly
Barnes. When I took him down and hand-cuff'd him, he swore at Baker and d - n'd his Blood, and told him if he had his Arms, and had been at Liberty, he would have drove us all to the Devil
Owen Griffith . Barnes and I had a Warrant to apprehend Horsenail on Suspicion of a Robbery; so we took him and carried him to the Vine-Tavern, and afterwards to Justice Midford, there he made a Discovery of several Robberies, and among the rest, of this Fact, in which he said Wager, Baker, and Eadey, were concern'd. He told us where we might find Wager and Baker if we went directly. We set out between 11 and 12 at Night, there was Barnes, and I, and Thomas Rose , and one Garland. According to our Directions we went to the Waggon-and-Horses by Hound's-Field near Endfield-Wash, and from thence to this Barn, where, if we found such and such Horses, we might depend upon the Prisoners being there If we found them not here, we were to go to one Howlet's, near King's-Oak. We put up our Horses at the King's-Oak, and were directed to the Barn, the People telling us if we went early in the Morning, we should certainly find them there, but if we were not upon them betimes, they would be gone to rob the Butchers on Rumford Road. We came to the Field where the Barn stood, and saw Baker coming down with his Landlord. Barnes went up to Baker and seized him, but the Landlord got away. Barnes took a Dagger out of his Breast, and one or two Pistols out of his Pocket. We ask'd where Cockey was; by G - d, says he, he's in the Barn. We search'd a Hay-Mow that was in the Barn, and God forgive me, I swore bitterly all the Time. Over the Horses there were some Poles laid, and a Truss or two of Hay upon them; here I search'd but could not find him. Barnes swore, and said, go up on the other Place; I did, as soon as I got up, he (Cockey) cry'd out for Mercy. But I have over-shot myself; my Lord, I should have told you, that Horsenail having informed us that Baker carried a Blunderbuss about him, we ask'd him for it, and he told us it was on his Right Side in a Pocket, and there we found it. There were some Expressions dropp'd, as if Horsenail was a Rogue, and deserv'd to be hang'd.
Q. Was Wager angry with Baker for betraying him?
Griffith Yes, he call'd him Dog, I think, and said, if he had had Baker's Arms, he would not have been taken. He might say something likewise of being jamm'd together, but I did not take Notice of it. We had a very hard Struggle with the Mob to get them to Prison. Justice Midford came to examine them in Goal, but as he had been there a considerable Time before I came, I can give no particular Account of their Examinations, but Baker afterwards desired to speak with Barnes by himself, and the Discourse that
Baker. I never said I was concerned in this Robbery, for I knew nothing of it; and Mr. Lewis said before the Justice, that he did not know me.
Benjamin Garland . Past 12 o'Clock, between the 25th and 26th of October last, Barnes, Griffiths, and Rose, came to my Bed-side and told me I must get up, they had something for me to do which would be for my Good. I went with them to Waltham-Abbey and to King's-Oak As we were going to this Barn, we met Baker and his Land-lord in the Field. Barnes seiz'd Baker, and took from him a Pistol, a Hanger, and a Blunderbuss. Baker told us Cockey was in the Barn; we search'd the Hay, and thrust the Hanger into it; at last I perceiv'd him to stir, and I cry'd out, Here he is! and Griffths got up and took him. As we were bringing them to the King's Oak, Wager said, D - n you, you Dog (to Baker) could you not be content to be hang'd, without me, and called him very scurvilous Names; but if I am hang'd, says he, I have the Pleasure of having you hanged with me. Baker only shook his Head, and gave him no scurvilous Language again.
Wager. I am sure I behaved myself very indecently, - decently I mean, and what they all say is entirely false As soon as they had taken us they said, now there was 280 l for us; and one of them said, he would get himself a Marshal's-Court Officer's Place with his Part of the Money.
Thomas Rose . Barnes and Griffiths came to my House to be informed how they might take Horsenail, for he liv'd just over-against my House; I knew he was at Home, so we watch'd for him and took him. Eadey and Wager us'd to come to and from Horsenail's Lodgings frequently. I was at the taking of Baker by Horsenail's Directions; and after we had taken the Hanger and the Pistol from him, we asked for a Blunderbuss, which Horsenail told us he generally carried about him; he readily told us it was in his Great Coat Pocket, and there we found it. Wager curs'd and swore bitterly all the Way we brought him along, d - ning Baker for a cowardly Dog, and telling him if he had his Arms, he would have made a devilish Sweep among us. One of our Company asked him, whether that would not have been a very barbarous Crime? No, says Wager, 'tis all one for that, I could but have been hang'd.
Wager. I liv'd with Mr. Howlet seven Weeks, he is a Butcher, and he bid me get up that Morning and dress the Goods for Waltham Market, when I had done I was a-tyr'd, so I got up in the Hay-Loft to sleep; these Fellows came in, and said, G - d d - n you, if you speak a Word, we'll shoot you through the Head; I told them they were welcome to lay hold of me, so I surrendred and went very peaceably with them to New Prison. As to what they have said about my cursing Baker, with humble Submission, there's none of them lives in Credit; Rose keeps a bad House, and the others are Black-Guards. I hope your Lordship will consider what they have said. I have no Witnesses now, they were all here Yesterday.
Q. And did not you yourself desire Yesterday to have your Trial put off untill this Morning?
George Sleath . I was coming from East Barnet the 24th of September, and upon Finchley-Common before 8 in the Morning, I was stopp'd by the two Prisoners at the Bar, they had Pistols in their Hands, and demanded my Money, and bid me be quick. I put my Hand in my Pocket and gave them ten or twelve Shillings, and said, if they must have it, there it was. I kept Six-pence in my Right Hand, and desired them to leave me that to pay the Turnpike. I am positive to the two Prisoners, for I look'd at them four or five Times, and they did not check me. Cockey took the Money, I delivered it into his Hands, and Baker, when I ask'd for the Six-pence, said, well, well, let him have it. They d - n'd me, and said, I had not given them all, so they searched my Breeches and my Fob, and then they rid away; I am sure I carried the Thoughts of them in my Mind ever since, for they are very notify'd. When they rode off, Baker said, d - n you, don't tell any Body that you have been robbed, for if you do, the very next Time I meet you, I will shoot you; but I rode not above half Way over the Common, before I told the People I met, that I had been robb'd; I thought I should know them again, and the Moment I saw them in New - Prison, I was sure they were the Men.
Wager. I never robb'd that Man throughout the whole Course of my Life.
Horsenail informed the Court, that Mr. Atkins and Mr. Lucas had been with him, since he was taken into Custody, and had solicited him to swear against one Birch, whom they had taken at Gravesend; that they had made use of Promises and Threats to induce him to do it: Upon which the Court ordered Mr. Atkins into Custody; but he was the same Day admitted to Bail.
19, 20. Thomas Loveridge , and Frances Loveridge , were indicted, Thomas for stealing two Land skips value 10 s. three Gold Rings, value 20 s. two Sconces, value 2 s. a Silver Comb, value 4 s. and other Things the Goods of Strutton Arnold , in his Dwelling-House , Sept. 10 . and Frances for receiving Part of the said Goods, knowing them to be stole , September 23 .
The Prisoner, Thomas Loveridge, desired the Court to acquit his Mother; he should be obliged to them if they would, and assured them she was innocent. Thomas Guilty, 39 s. Frances Acquitted .
21. Samuel Broughton , was indicted for cutting and stealing (with Joshua Broughton , not taken,) two Yards and 3 qrs. of Woollen Cloth, value 30 s. Feb. 11 , about the Hour of Twelve at Night, from certain Racks and Tenters , in the Parish of St. Leonard Shoreditch ; the Goods of Gabriel Fowase . Guilty, 4 s. 10 d.
He was a second time indicted, for cutting and stealing six Yards of Woollen Cloth, value 21 s. from certain Racks and Tenters, in the Parish of St. Luke, Middlesex , about the Hour of Twelve at Night , Sept. 16 . the Goods of Joseph Chitty . Guilty, Single Felony .
He was a fourth time indicted for a Misdemeanor, for that he unlawfully did begin to cut a Parcel of Woollen Cloth, containing 7 Yards, value 30 s. being fix'd on certain Racks and Tenters, in the Parish of St. Leonard Shoreditch, about the Hour of Ten at Night , the Goods of the United Company of Merchants trading to the East-Indies , Oct. 16 . Acquitted .
22, 23. Francis Windsor , was indicted for stealing 59 Loaves of double refin'd Sugar, value 11 l. the Goods of Sir William Chapman , and Thomas Emmerson , Esq ; in the Parish of St. Bennet Paul's Wharf , Nov 6 And,
Mr. Phillipson. On the 8th or 9th of November, Mr. Emmerson shew'd me the two Sugar Loaves in our Compting House, which he said were sold for 6 d. per lb. They were brought by Mr. Smith of St. Paul's Church yard, and being apprehensive that they were ours, and that they had been stolen, he brought them down to us. We enquired the next Day after one Mrs. Fowles, who had sold these two Sugar-Loaves; I went with a Constable to her House in Carter-Lane. I searched, and found nothing; then I asked her about these Sugar-Loaves, which (I was informed ) she had sold to one Middleton, and by Middleton to Mr. Smith; and I asked her likewise, whether she had not sold Sugar-Loaves to one Humphries, at the Sugar Loaf in Fleet-Street, a Publick House; she said she had seen Sugar-Loaves come into Humphries's House. Upon this I got a Search-Warrant, and went there; I asked him if he would let me search his House; he said, with all his Heart. We went up and search'd and I found 59 Loaves, which I can say are the Property of Sir William Chapman and Mr. Emmerson, for I know them by the Marks, some have T T. and some have C, upon them, and some have other Marks; but I knew them all. I told Humphries they were dishonestly come by, and asked them whence he had them? He said, he had them of James Powel . I told him he would stand a nasty Chance if he did not produce this Powel, and you will be prosecuted yourself. He told me Powel would be there that Evening. I said, I would attend his coming: But as I was going home, I remembered I had left my Handkerchief behind me, and returning to enquire for it, while I was there Powel came into the Yard; I asked him how he came by the Loaves he had sold Humphries; he said, very honestly. Says Humphries, you told me they were the Perquisites of several Boilers. After many Words, he confess'd he had them of the Prisoner Windsor, our Boiler, but he said he bought them of him, and paid him for them. I ordered the Constable to carry him to the Baptist's-Head Tavern, and I sent for Mr. Emmerson; I cannot say what pass'd between Mr. Emmerson and him, but by what pass'd I saw that Windsor was concerned, and had confess'd it. About Six o'Clock at Night Sir William's Son. and I went again to the Tavern, and then Windsor call'd us out into the Yard, and said, he hadRichard Brocas , and ask'd his Master Pardon.
Mr. William Chapman . When we were at the Baptist's-Head, Windsor desired to speak with Mr. Phillipson and me, by ourselves: we went out with him into the Yard, and he told us he had wrong'd the best of Masters, that the old Fellow had ruin'd him; and at Woodstreet-Compter he begg'd we would be favourable to him. Then I went to Powel, and press'd him to tell the Truth; he confess'd he never had any Sugar of any other, that he had receiv'd all from Windsor, and had deliver'd them all to Humphries; he said he gave Windsor 2 s. 6 d. a Loaf, and sold them to Humperies for 2 s. 8 d.
William Humphries . The Prisoner Powel has us'd my House every Day these two Years. About six Months ago he brought some Sugar-Loaves to my House (I keep the Sugar Loaf Alehouse in Fleet street) and he asked me to buy them. He told me they were the Perquisities of Boilers, that he sold them for them, and got some little Matter by them himself. I took him for an honest Man, and bought several of him, and gave him 6 d. a lb. We always weigh'd them at a Chandler's Shop in Bride-Lane. After this I got them for a Guinea every seven Loaves, and seven Loaves generally weigh'd 46 or 47 lb. sometimes 48 or 49 lb. sometimes he told me he brought them from Whitechapel, and (says he) 'tis a very great Way. He told me I might have a Quantity of them for ready Money, as many of them as I would, and I did intend to go about them as they came so cheap, but Business prevented we.
Q. Did he tell you where you was to have them?
Humphries. I did intend to ask him, and did resolve to go.
Q. Did he name any Person he had them from?
Q. Did he never name Windsor?
Humphries. No, he only said he had them from Boilers as their Perquisites. After he was apprehended, I said to him, You Villain, you have deceiv'd me, you have done a pretty Piece of Work; at last he confess'd he had them from Windsor. We all went to the Baptist's-Head about three or four o'Clock, and Windsor was brought thither too. Windsor cry'd out, Oh! that I should be so bewitch'd! surely the Devil and old Powel bewitch'd me, that I should wrong the best of Masters! I! that have had a Sufficiency to live upon with them - ! Powel heard this, and I call'd him old Villain! and old Rogue!, but he simper'd and smil'd. - Why says he, do you take me to be a Rogue! why did not you tell me a Lye, when you told me they were brought from White-chapel, says I. Yes, says he, I did. For what End, says I. For a Colour, says he. Oh! says I, 'tis a very fine Colour indeed. I ask'd him afterwards the same Question, and he made the same Answer.
Q. What would have been the Price of Sugar, if you had bought it out of the Shops?
Humphries. As I am on my Oath, I did not know, till the Day the Warrant came out against Fowkes and myself.
Q. How many Loaves had you of Powel?
Humphries. I had at several Times fifty-nine and sixty-three, and I sold them again for 6 d. per Pound.
Q. When you bought them for a Guinea every seven Loaves, and those Loaves weigh'd but 48 lb. that was not above 3 s. Profit; had you no more Gain upon them?
Humphries. I never made any Thing private; I sold them in Publick, and Powel brought them in through the Tap-House, he would not come through the House, because he would not look like a Porter.
Q. Did you tell People how you came by them?
Humphries. Yes, every Body; I told them I had them of Powel, and that he had something for selling them for the Sugar-Boilers.
Q. How many had you from Powel in all?
Humphries. In six Months I believe I have had 471; I believe it is six Months since I began to buy of him. Some I bought at 6 d. per lb.
Q. This Man was the proper Person to have been prosecuted.
Sir William Chapman . When the Prisoners were taken up, Windsor begg'd for Mercy, and confessed he had sold our Loaves to Powel. I asked Powel what he gave for them, and he told me 2 s. 6 d. or 3 s. a-piece: I said, surely you may remember the Price, and at last he said it was but 2 s. 6 d. and that he had 2 d a-piece for carrying them In the Compter. Windsor said, he he had never sold Powel above fifty Loaves: says I, Powel charges you with a greater Number. He said if he did, it was not Fact. Then I went to the other Compter to examine Powel. Justice Harwood was with me, and examining him closely, he said, he had given Windsor 18 d. a Loaf, and had sold them for 3 s.
Q. When he said he had bought them for Half a Crown a Loaf, did he speak to any particular Number?
Sir William Chapman. No, he only spoke in general; and the second Time, when he said he had given 18 d. and sold them for 3 s. the Words were general. He said he gave Half a Guinea for seven Loaves, and 9 s. for six.
Mr. Emmerson. I desired to know the Truth of the Matter; and when Powel begg'd for Mercy, I said, if he would be ingenuous and tell the Truth, Mr. Chapman would indulge him, and he might have Mercy. Upon that he confessed he had sold above an Hundred to Humphries, and that he had them all from Windsor, and gave him 18 d. a-piece for them.
Q. Was Mr. Chapman present, when you made these Promises of Mercy to him?
Mr. Emmerson. Yes, and he did not contradict them.
Sir. William Chapman. When this Thing was discovered, we were all amaz'd, for we thought Windsor a very honest Fellow; nay, we had such an Opinion for him, that when we left working at some of our Sugar-Houses, and consequently reduc'd the Number of Hands which we employ'd, we turn'd away an old Servant, and put him into his Place at this Bake-House at Paul's-Wharf.
Thomas Carr . I am Lord Palmeston's Steward, my Lord is at Bath, he would have appear'd in Mr. Powel's Behalf himself, but he ordered me to appear for him He liv'd many Years in my Lord's Service as his Butler, and had the Custody of all the Plate, and we never had any the least Reason to mistrust him. He has left our Service between nine or ten Years; he is still made very welcome whenever he comes to our House, and needed not to have left my Lord's Service had it not been his own Fault. He is about 75 or 76 Years old, and imagin'd himself uncapable of doing Business as he formerly had done.
27. Richard Savage and Sarah Savage , were indicted for stealing two Holland Shirts, value 12 s. two Cambrick Stocks, value 1 s. and two Handkerchiefs, value 1 s. and a Pair of Stockings, value 1 s. the Goods of Thomas Onyon , Nov. 15 . Richard guilty 10 d. Sarah acquitted .
28, 29, 30, 31, 32. John Owen , Thomas Allen , Abraham Addison , Thomas Spicer , and John Roberts , of Hadley, Middlesex , were indicted for stealing a Black Gelding, value 5 l. the Goods of William Bickerstaff . Nov. 27 .
William Bickerstaff . November 27, between 10 and 2 in the Morning, I was going Home with my Team, and was loaden with Manure for my Land; Owen and the rest of the Prisoners came up, and violently unhook'd the Horse from the rest, saying they would have one of my Horses. I lay'd hold of Owen, and call'd out to the Bellman (who happened to be going his Round) to come to my Assistance: after he came up, the other Prisoners fell upon me and beat me with their Fists and with Sticks, because I would not part with my Horse. Allen, Addison, Spicer, Roberts, and Owen, were all together in the Fact. I was over-power'd by them, and they had got
John Hobbs . I desired them to tell the Horses, they said they would not, but swore, that they would have one of them Right or Wrong Owen took the Horse off, and the rest of the Prisoners assisted, and carried him away about forty Pole, but Thomas Huntley the Bellman, got us the Horse again.
Thomas Huntley . I was doing my Duty, and hearing a Quarrel, I came up to see what was the Matter, and I found the Prisoners had got one of the Man's Horses, and were carrying him away by Force. We had them all before the Justice, and there they pretended they had an Act of Parliament for what they had done.
Q. At two o'Clock in the Morning they were carrying the Man's Horse away by Vertue of an Act of Parliament! Do you imagine they would have gone off with him, if you had not come up?
Another Witness. I was there at the same Time; when I came up they were all struggling about the Horse. I bid Owen let the Horse alone; he said, ask no Questions, I will have him, but thro' Assistance, we got him again.
Owen. We had an Act of Parliament to take Horses, and were encouraged by a Justice of Peace. We condemn'd a Horse before Justice Exeter, but a Day or two before.
- Canes. There was no more than six Horses, and because I assisted the Farmer, they beat me till I was all over Blood.
Cornelius Oakley . I lost a Black Stone-Horse the same Morning about one o'Clock; I had six Horses in my Team, and a loose Horse which I rode upon, but he had a Collar and Chains upon him. Owen got upon his Back, and said he would knock my Brains out if I would not let him go off. My Neighbour's Waggon coming by, they took a Horse from him, but as they were overpowered, I got mine again, but they had led him quite away. I can swear to all the five Prisoners, there was six of them in all, one Kimpton was with them, but he is got off.
Canes. I heard the Sticks fly about and I went to assist my Master. Owen keeps a Publick House , the Sign of the Cock at Prickler's-Hill, between Barnet and Whetstone. They are all People that don't love Work.
Another Witness. I drove the Waggon, and swear there were no more than six Horses in the Team: All the Prisoners were there.
Mr. Justice Smith I was call'd up early in the Morning some People who pretended to take Horses from Waggons drawn with seven Horses; several Neighbours testify'd these were drawn but with six. They had beat the People very much, and would have sworn the Waggons were drawn with seven Horses; but as People of Credit had sworn there were but six, I did not think proper to give them their Oaths, and committed the Prisoners for an Assault.
Q. By what Authority did you do all this?
Owen. By an Act of Parliament.
The Act was read, which enacts, That if any Seizure or Distress is made on Persons travelling with more than six Horses, the Horse so seiz'd shall be deliver'd into the Hands of the Constable nearest the Place where such Seizure is made, safely to be kept till the Person or Persons, who made such Distress, prove the Offence before a Justice of the Peace, who is empower'd (on Proof of the Offence) to order the Delivery of the Horse or Horses so seiz'd, for the Use of the Distrainer.
Bickerstaff. I was going with Manure to my own Grounds.
Oakley I was loaded with Deals and other Things.
Bickerstaff. Mine was not a hired Waggon, and had no more than six Horses.
Canes. It was our Desire that the Horses should be deliver'd to the Bellman.
Huntley. The Owners of the Horses did desire it, but the Prisoners were for carrying them away. All acquitted .
33, 34. James Read and James Blackburn , were indicted for breaking and entering the House of Andrew Calder , and stealing twenty Cotton Shirts, five Holland Shirts, three Linnen Shirts, 30 silk Handkerchiefs, 12 Linnen Handkerchiefs, three dozen of Stocks, and other Things , the Goods of the said Calder, September 1 1734 . Both guilty, Felony only .
35, 36. Stephen Lantown and Ann Archer , of St. Giles's-in-the-Fields , were indicted for stealing a Bolster, value 3 s. a Blanket, value 18 d. a Porridge Pot, value 3 s. and other Things, the Goods of Edward Palmer , Nov. 1 , in their Lodging . Both acquitted .
Elizabeth Bailey was indicted (with John Gilbert not taken) for assaulting James Lyon on the King's High way, putting him in Fear, and taking from him a Knife, value 2 d. and 3 s. 1 d. and a Farthing in Money , Nov. 29 .
James Lyon . About Eight o'Clock at Night, Nov. 29, I had just got through the Bars at Smithfield , when I was seized on one Side by the Prisoner, and a Man took hold of me on the other Side, and they said they must have my Money. I was going to lift up my Voice, and to call out aloud, but the Man seized me by the Throat and prevented me. He held me thus, while the Woman opened this Pocket and took a Knife and 3 s. and 1 d. and a Farthing from me. The Man ask'd her, if she had got it, and held me a little while that she might get off; but I followed her to a House in Charterhouse Lane, - I know her to be the Woman.
Q. How do you know the Prisoner to be the Woman?
Lyon. The Lamps gave a good Light, and I followed the Man and she too into the House.
Q. And did these two People who had robb'd you, suffer you to follow them into a House?
Lyon. The Man struggled very hard against my coming into the House; but the Landlord said - let the Gentleman come in: So I went in, and he asked me if I would please to go up Stairs and drink a Bottle of China Ale, and have a pretty Girl. The House is not above 20 or 30 Rods from the Place where I was robb'd, and the Landlord is a Rabbit Man.
Q. So the Man that robb'd you, let you follow him into the House; is this the Case?
Lyon. That is the Case; and that is the Woman that took my Money.
Q. So the Man and the Woman that robb'd you, went into the Rabbit-House, and you followed them into the Rabbit-House.
Lyon. Yes; and I saw four Men and four Women there, so I was glad to get out again; but I went and got a Constable and took them
The Constable. He came to me and said he was robb'd between Smithfield Bars and Charter-house-Lane, and gave the same Account of the Fact, and of what he lost. He desired me to go to this Rabbit House, but I told him there was a Constable and a Headborough lived on each side of the House, and it would be better for him to get either of them to go with him: He desired I would go, and at last I went with him; but going down the Lane, he catch'd hold of the Prisoner and charged me with her. Upon this, Pendall the Rabbit-Man came up, and bid him let the Woman go Did not you come into my House, says he, and drink a Bottle of China Ale? And did not I give you 3 d. out of your Shilling? But at last Pendall said he would give the Prosecutor what he had lost, if I would discharge the Prisoner.
Q. If he was so positive to the Man and the Woman, why did not he take you to the House, and charge you with the Man?
Constable. The Man was gone, he said.
Q. Pray Mr. Lyon who are you? Have you any Persons here to give an Account of you when you come to take a Life away, and entitle your self to 14 l. I expect something more than this Story.
Defence. This Lyon turn'd upon me in the Street, and pull'd me by the Sleeve, so we came down together to the Rabbit-House, and went up Stairs together; we had a Bottle of China Ale, and I had no more from him than a Groat all but a Farthing. He swears this against me because I would not oblige him, - no says I, if you give me 3 d. three Farthings to make a Whore of, I will keep it to make my self honest
Q. Here, Lyon, was not you in Drink at this Time?
Lyon. No; tis well known I was not I had been at Supper at Mr. Gardner's, at the White-Horse in Castle Alley: I was not up Stairs with her at all. Acquitted .
38. Thomas Priddle , was indicted (with Joseph Matthews not taken) for breaking and entering the House of Mary Barnes , and stealing 13 Yards of Callimanco, value 9 s. four Yards of Stuff, value 4 s and two Cotton Gowns, the Goods of Mary Harris ; a Crape Gown, the Goods of Ann Bernard , and a Diaper Table Cloth, value 2 s. the Goods of Mary Bernard , Sept. 22 . Acquitted of the Burglary, and guilty of the Felony .
39, 40, 41. John Lowder , Charles Lowder and Gerrard Pell , were indicted for stealing 20 Yards of strip'd Cotton, value 30 s. and 11 Yards of Cotton Check, value 12 s the Goods of Margaret Goddard , in her Shop , Oct. 7 .
Mrs. Goddard I lost a Piece of stripp'd Cotton, and a Piece of Check, Oct. 7, the Value of them is about 4 s
- Cook. About two Months ago (I can't remember the Day) we robb'd the Prosecutor's Shop in Moor-Street, by St. Ann's . The three Prisoners and I had attempted it several times; but at last we found an Opportunity to do it; for about Seven or Eight o'Clock at Night I lifted up the Sash and took out the Check. I was not content with that, so we all return'd and fetch'dAnn Hill 's House; she pawn'd it for 21 s. and we equally shar'd the Money in her Room. This David Brown, lost his Great Coat, we stole it: Pell was taken up about it, and I was catch'd in the very Coat my self.
David Brown . Coachman. I was waiting in the Street for Capt. Powel, and fell asleep in the Bottom of my Coach; when I 'wak'd, my Coat was gone from off my Coach-Box. I was inform'd by a Lad that Pell and this Evidence had been lurking about the Coach, so I pursued them and took Pell, and about a Week afterwards Cook was taken, and he made himself an Evidence and discover'd this Robbery.
John Preston . I took Pell for stealing Brown's Coat; he own'd that Cook took the Coat and pawn'd it for 4 s. 6 d. and that he had half the Money. Afterwards I apprehended Cook, and he was admitted an Evidence. All Guilty 4 s 10 d.
John Dickings . I live in Brook-street, Grosvenor-Square ; on Monday the 9th of August about nine at Night, I was at Supper in a Ground Room, and all of a sudden I saw the Window Curtain and a Silver Cup which stood in the Window was gone; I run out, but could hear no Tidings of it, only we found a little old Hat, which the Evidence Cook said was his.
Cook. Pell and John Lowder and I, committed this Robbery; I saw the Sash a little open, and some Body in the Room, but seeing the Cup in the Window I ran to the Prisoners, and told them there was something we must have; so I push'd the Sash up a little higher, and watch'd till the Maid was gone out of the Room; then I snatch'd up the Cup, and away I ran with it. We sold it to Ann Field who lives by Hicks's-Hall , and she knew it to be stole. We asked her two Guineas for it, but she said she would give but one for it, because it would cost her something to melt it down, and she should have a good deal of Trouble to make away with it. I gave a Man that us'd to deal with her in this Way, Half a Crown to shew me where she liv'd. I had been at Bess Anderson 's who buys our Handkerchiefs, to know where I should sell this Cup, and this Man happening to be there, he carried me to the Prisoner Field's, she would not weigh it, because she would not give too much Money for it.
Dickins. I had a Direction from Cook, where this Woman liv'd; so I took two Friends, one of them is a Constable, and we went in and called for a Pint of Beer (she keeps a Publick House ) then we asked for the Mistress of the House; she came to us, and we enquir'd if her Name was not Field. Yes, said she. Then said I to the Constable, here's your Prisoner. Oh! but, said she, my Name is not Field, my Name is Pritchard, and she called several People and asked them if her Name was not Pritchard, and they all said yes. She told us then she knew where this Field liv'd, and would go and fetch her; so she turn'd herself round and away she ran, and we lost her, though one Man stood at one End of the Court, and another at the other, to prevent her escaping; this was on Friday, and she was not seen 'till 11 or 12 o'Clock on Sunday Night. A Person I had employ'd to watch, sent me Word he had heard a Noise in the House, so I got a Constable about one o'Clock, and found her packing up all her Goods in order to be gone.
Field. Field is none of my Name, and as for that Fellow, I never saw him in my Life. Cook the Evidence came to my House, and ask'd for Mary Jones , and the Woman and he went into a Room together, and they had a Quartern of Brandy and a Pint of Beer together.
N. B. We are oblig'd for want of Room, to omit several remarkable Trials, which will be publish'd on Friday next; among others, are the remarkable Trials of George Sutton and Robert Campbell , alias Bob the Glazier, for the Highway; Hannah Butler , for the Murder of her Bastard Child; Mary Sommers , alias. Wallin, alias Polly Peachum, for Bigamy; Catherine Pollard , for stealing his Majesty's Plate; Peter Cross , for Horse-stealing; Joseph Anthill , Thomas Waters , Philip Brown , and Maccarty the Link-Man, for the Murder of Catt. Innys in the Old-Baily; Rachel Bowling , for privately stealing a Watch from the Person of Charles Taylor ; and other curious Trials largely taken, and too many to mention here.
Note. Whoever shall presume to print these TRIALS, will be prosecuted to the utmost Severity of the Law.
Wednesday the 8th, Thursday the 9th, Friday the 10th, Saturday the 11th, and Monday the 13th of December, 1736, in the 11th Year of his MAJESTY's Reign.
Being the First SESSIONS in the Mayoralty of the Right Hon. Sir JOHN THOMPSON, Knt. Lord-Mayor of the City of LONDON, in the Year 1736.
NUMBER I. PART II.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane M,DCC,XXXVII.
WHERE are the People who are to prove you are a Woman of Reputation?
Dickins. When we got into the House, we found Men half drunk, and others half naked in some of the Rooms; and in others we saw several lying drunk together in a terrible Pickle.
The Brewer and a Butcher, and one of her Customers appeared to her Character. Pell and Lowder guilty, 39 s . Field guilty .
43. James Maccleroy , of St. Martins in the Fields , was indicted for breaking and entering the House of Frederick Burleigh , between the Hours of Twelve and One in the Night, and stealing five brass Candlesticks, value 5 s. a brass Mortar, value 4 s. November 21 . Acquitted of the Burglary, and guilty of the Felony .
44. Margaret Sutterfield , of St. Mary White-chappel , was indicted for stealing a Silver Chain, value 6 d. a Velvet Cap value 3 d and a Coral set in Silver, value 1 s. and a Linnen Shirt, value 1 s. the Goods of Richard Leach , October 30 . Acquitted .
45. Thomas Inch , otherwise Ince , of St. Mary White-chappel , was indicted for stealing a Coat, made of India Gingham, value 5 s. a Cotton Waistcoat, value 2 s. 6 d. a Pair of Cotton Breeches, value 2 s. 6 d. and 12 foreign Pieces called Dollars, value 3 l. the Goods of Jabez Pitt , Oct. 25 . Guilty , Felony.
50. Mary Hughes , was indicted for breaking and entering the House of Mark Wait , about the Hour of Twelve at Night, and stealing a Horseman's Coat, value 10 s. a Close body'd Coat, value 10 s. two Waistcoats, value 20 s. a Pair of Breeches, value 18 d. three Linnen Sheets, value 3 s. a Table-cloth, value 1 s. and other Things , October 27 . Guilty , Felony.
51. Richard Santon , was indicted for stealing two Linnen Shirts, value 5 s. and a Basket, value 1 s. the Goods of James King ; and two Shifts, a Handkerchief, a Mob, and two Pounds of Soap, the Goods of Samuel Jaspar , Nov. 16 . Guilty , Felony.
52. Thomas Morris , was indicted for stealing 6 cambrick Handkerchiefs, value 10 s. 60 oz. of brass Weights, value 2 s. 6d, the Goods of Wells Curtois . A black Hood, a Handkerchief and other Things, the Goods of John Keys ; a Handkerchief and 1 oz. of sowing Silk, the Goods of Sarah Davis , October 22 . Guilty 4 s. 10 d.
Sarah Hog , and Mary Hughes , of St. Butolph Aldgate , were indicted for stealing a black Crape Gown, value 30 s a black Silk Hood, value 12 d. a Pair of Gloves, 18 d. two Cambrick Handkerchiefs, and several other Things, the Goods of Ellenor Kingston . A brown Camblet Gown, a Cotton Gown, a Muslin Handkerchief, and a Linnen Shirt, the Goods of Ann Thompson : Three Linnen Shirts, and two Holland Shirts, the Goods of Peter Dennis ; a Holland Shirt and a cambrick Stock, the Goods of Charles Ambrose , in the House of Ellenor Kingston .
Ellenor Kingston. I let a Room to Mary Hughes , over my Kitchen; my House is in Gravel-Lane, by Devorshire-Square ; and she was but five Days and Nights in my House, before they took the Opportunity of my going out to Wash, and broke up a Board or two in the Floor, so got through the Hole into my Room. The Prisoner Hog, dropp'd thro' the Ceiling, for Hughes was with Child, and she could not get thro' because of her big Belly. I lost all that I had in the World, and enquiring after the Prisoners, they were taken, and they own'd where they had pawn'd them before the Justice in Old-Street, I don't know his Name. Hog said, that Hughes was the Cause of breaking into my Room, and because Hughes could not get thro' the Hole in the Cieling, Hog dropp'd thro', and then open'd the Door to let her in. They own'd all the Goods mention'd in the Indictment, and the Cotton Gown of Ann Thompson's, one of them dress'd her self in it to be fine at Horn-Fair. They own'd every thing but the Cambrick Stock.
Hog. I tell you! - I am quite innocent of the Matter. Both guilty, 39 s.
55. 56. George Sutton , and Robert Campbell , otherwise Bob the Glazier , were indicted for assaulting James Smith , on the King's Highway, putting him in Fear, &c. and taking from him a Hanger with a Horn Handle, value 20 s. a Silver Watch, value 5 l. a Cornelian Seal set in Gold, value 20 s. and 10 Guineas in Money , November 8 .
James Smith. About Nine o'Clock on Monday Night, November 8, I was walking along Great Russel Street , and was attack'd by two Men under Mountague House, near the Gateway. One of them struck me on the Breast with his Fist, and bid me deliver; the other immediately seiz'd my Hanger, drew it out of the Scaboard, and held the Point of it to my Breast: They bid me make no Noise, if I did, I was a dead Man. I desired them not to use me ill, and told them I would give them what Money I had about me: They made no Answer to this, but one of them took hold of the String of my Watch, and pull'd it out of my Fob. I believe they are the Men, but I cannot take upon me to swear to them. I apprehend that Campbell (the shortest of the Prisoners) was the Man that took my Watch, and the ten Guineas and a Key: He held the Money in his Hand, and by the Light of the Moon, look'd to see how much he had got. I desired them to return me the Key, and they did so: When they had rifled me, they bid me pick up my Cane (which I had dropp'd) and then they went over on the other side of the Way. I look'd in the Face of the Man that struck me; but when the other presented the Hanger's Point to my Breast, I was afraid to give them Offence, by looking earnestly at them. As they were crossing the Way, I ask'd them for my Hanger; they bid me not make a Noise, if I did, they said they would return and murder me.
Q. Can you take upon you to swear that the Prisoners, or either of them, are the Men?
Mr. Smith. I cannot; they were very expeditious, in their Work, and I had not time, while they were robbing me, to take particular Notice of them. I went to the Printer of the Daily Advertiser, and described the Watch, promising a Reward of five Guineas for it again; and Notice was brought me from Mr Goddard, who keeps the Crown at St. Giles's, that the Prisoners were taken that Night I went to Mr. Goddard, and he inform'd me that he had found the Goods upon the Prisoners. The next Day we carry'd them before Justice De Veil, and the Hanger, Watch, and Seal, which were found upon them, were produced. I cannot swear to the Prisoners, but I swear that the Hanger, Watch and Seal, are mine.
Q. Had you any Discourse with them then, or afterwards?
Mr. Smith. No; they were brought from the Gatehouse to the Justice's, that I might see them; but I could not swear to them.
Campbel. Nothing was found upon me but the Money; I desire to know whether the Gentleman will swear to that: I had nothing but the Money upon me.
Mr. Smith. No, I can't swear to Money.George Sutton a Hanger and the Loge. Since I am babbl'd myself, I will babble two or three more, and he nam'd two or three more, and directed us to the Cole Yard. but we found only George Sutton there, though he told us we should find two or more there. When we seiz'd Sutton we searched him, and found the Hanger in his Bosom. Then we brought him to Mr. Goddard's, and put Sutton in one Room, and Campbel in another; says Campbel, search Sutton again, for I am sure he has got the Loge; we searched him again, and found the Watch in his Breeches, under his Ham. Campbel went with us to the Cole yard, and shewed us the House where we found Sutton.
Q. Is that the Hanger that was taken from Sutton? (to Waker. )
Sutton. Yes, yes, - he'll swear it no Doubt.
Waker. When we felt the Watch in Sutton's Breeches, he said, come, come, I'll give you no more Trouble, - I'll give it you, but it would have served to have kept me in Newgate
Sutton. You are a for-swearing Rogue.
C. This Behaviour don't become you, when a Man is swearing in a Court of Justice, what so much affects you.
Waker I believe this is the Hanger; I did not take so much Notice of the Watch as I did of the Hanger. Mr. Goddard took the Watch out of Sutton's Breeches, and he did not deny the Fact at all, but said, - now since Bob the Glazier has serv'd me, I will serve him; go search him again, for he has got a Lump of Gold about him, and tell him he's a Rogue if he don't send me some to keep me in Newgate. Upon this we search'd Campbel again, and found ten Guineas in the Foot of his Stocking; we took off one Shoe, and he readily let us do it, but when we attempted the other, he fell down on one Knee, and said, No, I will lose my Life before I will be search'd any further; you may hang me or do what you please, you shall not have a Farthing of the Money. We did not know who the Goods belong'd to, till we saw the Advertisement.
Sutton. That Rogue will swear thro' an Iron Bar.
Waker. We put the Prisoners into our Round House for that Evening, and next Morning we carried the Watch, the Hanger, and the Money, to Justice De Veil, and took the Prisoners before him; I was one that went with them, and Sutton told me he forgave Bob with all his Heart, and wish'd he could make himself an Evidence, but I believe he cannot, because this is the first Fact I have committed with him since I return'd from Transportation. Mr. Smith was present, and swore to his Goods, though he could not to the Man.
Campbel. About three Years ago this Fellow stopp'd me in the Street, and cut me in the Face in six or seven Places, and carried me before a Justice, - I carried him before a Justice, and one Attley paid me eight Guineas for the Case. Waker is a common Thief-taker.
Q. And does he take none but Thieves?
William Goddard . Mr. Waker, and Attley, and one Cook, brought Campbel into my House on Monday Evening November 8, about Ten at Night. I keep the Crown Tavern at St Giles's Pound, they were together a little Time, and then Mr. Waker came out to me, and said, they were going to do Business, - to take some Fellows, and they should be glad of my Assistance; we all went out and Bob the Glazier with us. According to his Directions we went first to Covent Garden, and from thence to the Cole-Yard by Drury Lane; Campbell said, Sutton was at such a House, and pointed at it; we went into the House, and behind a Door, up one Pair of Stairs, there sat Mr. Sutton with his Hand in his Bosom. I put my Hand upon his, and said, George, I have it, - make no Words; and finding the Hanger drawn, I took it from him, it was without a Scabbard, but he had bound his Garter round the Blade. I then search'd his Pockets, and took a Clasp Knife from him. From hence we carried him to my House, and put Sutton in one Room and Campbel in another. Campbel ask'd me, if I had search'd Sutton, and assured me he had got the Watch about him at that Time. I said, - I have search'd him, and surely he cannot have it. He has, said he, and I'll shew you how I robb'd the Man. Upon this he took me by the Breast, and up went his Stick, and he shew'd me very well how it was done. I drew his Hanger, said he, and pull'd his Watch out of his Fob thus - [at the same Time pulling my Watch from my Pocket] this was to shew me in how small a Space of Time, the Fact was done; the Watch and the Hanger he said he had given George Sutton, and the Money he had taken himself. After Campbel had given me this Account, I went into the Kitchen to Sutton, and said to him, George, you have got the Watch, 'tis in vain to make Words, have it I must: he swore he had it not, but I would search him, and in his Breeches, under his Right Ham, I found it; I was going to unbutton his Breeches, he said he would give me no
Waker. I ask'd Campbel (by way of Pump) whether he had got any Gold for Sutton; and he said, if he had his Hat full of Guineas, he would send him none.
Owen Griffith . I live in Middle Row, St. Giles's. Within three or four Yards of my Door, Mr. Attley and Waker stopp'd Campbel, and I being a Constable, they charg'd me with him. I took him into my Shop and search'd him for Arms. He said he had none, and would go (very civilly) with us any where. I took him to Mr. Goddard's at the Crown, and went into a Room behind the Bar with him. After some few Words had pass'd, he desir'd to speak with Waker by himself; we went out, but presently we were call'd in, and were informed, that Campbel would make a Discovery of Something if we would go with him. Campbel told us all; that Sutton and he had just committed a Robbery by the Dead Well at Bloomsbury, or Great Russel Street, I don't remember which; that he had tipp'd George the Hanger and the Loge, we took the Loge to be a Pistol, but it prov'd to be a Gentleman's Watch.
We took Mr. Goddard with us to search after Sutton, first at a Place on this Side Covent-Garden, where there us'd to be a Gin-shop; but not finding him there, we went to a private House in the Coal-Yard, where (I think) Campbel knock'd at the Door, a Woman answer'd within, and he spoke to her again; upon which she opened the Door, and he whisper'd to her, and swore an Oath, and told us George was within and behind such a Door. Mr. Goddard, and I, and Waker, rush'd in; Goddard clapp'd his Hand on Sutton's Breast, and cry'd out, I have got it; he pulled it out of his Bosom and I cut the Garter which was bound round the Blade; then I search'd his Pockets, for fear he should have Pistols about him, but I found none. Campbel having talk'd of the Loge, and I imagining the Loge was a Pistol I thought proper to search him narrowly for fear of Mischief. From hence we carried them both to Mr. Goddard's, and Campbel was put into the Back Room, and Sutton into another. Campbel ask'd us what we had taken from Sutton? Some of us said, a Hanger and a Knife. Why, says he, I gave him the Watch which I took from the Gentleman. Upon that Goddard insisted on searching Sutton farther; and when he found we were resolv'd to search him thoroughly, he took the Watch out of his Breeches himself, desiring only to look upon it, for, says he, I have never look'd upon it yet. We shew'd it to him, and he said it was a very pretty Thing, Campbel was a Villain for discovering the Watch, it would have serv'd to have kept me in Newgate, but since he has us'd me thus, go and tell him he had a Handful of Gold from the Gentleman. This occasion'd our searching Campbel again for the Gold: he profess'd he had none, and began to throw his Cloaths about him, but I would pull off his Shoes, and the Right Shoe he let us take off very quietly, but when I endeavour'd to take the Left, he fell down on his Knee, and swore, if he had a Hat full of Guineas, we should not have one of them though we kill'd him; but while the other three Men held him, I pull'd off his Stocking and turn'd ten Guineas out of it upon the Table. Here they are, and these are the very Guineas which I pour'd out on the Table.
When we found the Money, both the Prisoners seem'd to be positive that there must have been more. Sutton said he thought there had been a Broad-Piece among the Gold, but afterwards he told us, that as he only saw the Money by the Light of the Moon, perhaps he might be mistaken. I told Bob I was surpriz'd how they could do such a Thing in so little a Time, and so early in the Evening. Why, says he, I can do such a Job in half a Minute's Time, and shew'd us the quick Manner in which he did it.
Campbel. Well, now where's Attley? Is not he a Witness too? Attley! you are not asham'd to shew your Face
Sutton. I have nothing to say, nor any Body to call.
George Clark , a Glazier in Covent Garden, and William Rextrove , a Cabinet-maker in Thrift Street, Soho-square, appeared in Behalf of Campbel, but neither of them could give any Account of him for these 7 Years last past. Both Guilty . Death .
57. Hannah Butler , of St. Andrew's, Holbourn , was indicted, for that she being big with a certain Female Bastard Child, by the Providence of God she did bring forth the same alive, but not having God before her Eyes, &c. on the said Child, so born alive, did, with both her Hands, make an Assault, putting it into a certain Wooden Box, value 2 d. and covering it with a certain Stuff Gown, value 6 d. by Reason of which Putting and Covering, the said Child was choak'd and strangl'd, of which Choaking and Strangling,
She was a second Time indicted on the Coroner's Inquest for the said Murder. Oct 29 .
John Butler . The Prisoner was a Servant at my Brother's, the Ship, in Gray's-Inn-Lane ; on Lord Mayor's Day I heard a Disturbance (for I lie in the next Room to where the Prisoner lay) - I heard an Out-cry that she had made away with her Child; the Women desired us all to hunt about for it. I search'd the Vault with a long Stick, but could find nothing; then I went into her Room and broke open her Box; the first Thing I found in it, was a Pint of Gin, then there was a green Stuff Gown, and under this Gown lay the Child; the Box was lock'd, but I broke it open with a Cleaver, such as you chop Meat with. I saw the Child, but I don't know what it was, - Boy or Girl; it was naked, but I was not curious enough to examine it. The Gown covered the Child, and the Gin Bottle lay upon that: I ran down Stairs and told the Women who were examining her; - I don't know what the Prisoner said to the Women for I was not present. But I heard her say when she was before the Justice, that the Child was her's, and she stroak'd it upon the Breast, and said it was born dead about five o'Clock in the Morning.
Robert Butler . The Prisoner liv'd with me as a Servant, and on the 29th of October there was a Disturbance about her having had a Child; my Brother searched for it and found it. She was carried before a Justice, and there she owned it was her Child, and that she was delivered of it dead, about five o'Clock in the Morning.
Margaret Butler . There is a Porter who belongs to Gray's-Inn, who lives up two Pair of Stairs, - she lies in the Garret, - and he bid me go up and examine my Maid, for she was not well. When I went up, I found some Disorder, and that she had been deliver'd. She said she was not deliver'd, but that she was then in Labour. I sent for my Midwife, and she examined and found that the Prisoner had been deliver'd. I asked her if she had got any Thing to put the Child in. She told me no; and then she said she had miscarried at a Vault in the Alley; but when the Child was found she owned it was her's, and that she was delivered of it about five in the Morning; it was a Female Child, and there were no Marks of Violence upon it, except a Spot upon one Cheek. She confessed to us that she had made no Preparation for it, but at the Justice's she said, she had got one of a Sort. I thought she looked big when she had been in the House two or three Days, and I asked her if she was married. No, says she, I am not married, I am only Pot-belly'd, all our Family are Pot-belly'd, - and what a Disgrace it is to be Potbelly'd!
Defence. The Child was dead born, and I being willing to keep it to myself as well as I could, put it into the Box intending to go into the Country again. Acquitted .
58. Gilbert Fruer, otherwise Gill , was indicted for assaulting Benjamin Short in an open Field near the King's Highway, putting him in Fear, &c. and taking from him a Hat value 12 d. a Cloath Coat value 10 s. a Linnen Shirt value 3 s. a Pair of Leather Breeches value 3 s. a Pair of Shoes value 2 s. a Knife value 2 d a Foot Rule value 6 d. a Silver Stud value 6 d. and 14 d. Half-penny in Money , Nov. 23 .
Benjamin Short . November 23 I was coming from Highgate , and between the Half Way-House and Tottenham Court , I was met in the Foot-way, between five and six in the Evening, by two Men, one of them laid fast hold of my Shoulder, and the other took me by the Right Arm; they carried me out of the Path as far as Mr. Lewis's Field, and under a Hedge I submitted to them. They demanded my Money and my Watch, I told them they should have what I had got, if they would not use me ill. The Man that seiz'd my Right Arm, pulled out a Pistol and held it to me while the Prisoner rifled me. He pulled off my Coat, - 'twas a Blue cap'd Coat, - and my Shirt, and my Breeches from my Backside, and my Shoes from my Feet: Then they made me untie my Garters (which were these) and I gave them to him; these won't do, says he, so he pulled off his own (which were these.) When they had pulled off my Shirt, my Shoes, and my Breeches, they ty'd my Hands together with these Garters behind me; the Prisoner ty'd me and the other stood over me with a Pistol; after that they pulled up my Left Leg behind me, and ty'd it very hard to my Hands: I had a Silk Handkerchief about my Neck which the Prisoner took off and put into his Pocket; then he took this out of his own, and ty'd it very close over my Mouth. I had 2 s. and Three Half-pence about me, and they took it all from me; there was a Pair of Silver Studs in my Sleeves, one of them they took away in the Shirt, and the other dropt on the Ground. After they had bound me, they desired me to be quiet (and indeed I could not be otherwise they had tied me so fast) telling me, the first Man they took they would come and release
Prisoner. I was at another Place from Four 'till Nine, that Evening.
Short. When I got loose, I was afraid to go the Way I was brought, so I made over a Field or two, and came to an Alehouse, the Sign of the Queen's Head and Artichoak: My Hands were still ty'd, so I shov'd the Door with my Foot, 'tis a Sash Door - half Glass, and thro' the Glass I saw a Neighbour; but a little Boy coming to the Door, and seeing me in this frightful Condition, instead of opening the Door, he ran away surpriz'd at the Sight of me; but the Neighbour coming to the Door, he let me in; 'twas Mr. Girdler, the Farrier, he came to the Door and let me in; then the first thing he did, was to untie my Mouth and my Hands, then he got me some Relief, warm'd me some Beer, and sent three or four Men home with me, with Candles and Lanthorns. The next Morning I was at St. Giles's Pound, and Mr. Goddard at the Crown, call'd to me, - Ben, says he, you had a bad Time on't; how did you come off? I told him, I was in a miserable Condition last Night, and let him know what I had lost; he took it down in Writing, and I described the Prisoner to him, - a tall Man, with a thick hoarse Voice, and he found him out and took him: He got a Constable, and went out upon the Search after him; I was out with them my self one Night, but he was taken by them without me.
John Girdler . I was standing by the Fire-side, at the Queen's-Head and Artichoak, Nov. 23, and I heard something knock at the Door; a little Boy went to the Door, but coming back frighted, I stepp'd to see what was the Matter; and the Man said (as plain as he could speak) Mr Girdler, I am glad to see you; I have been robb'd. I let him come in and unty'd his Mouth. He look'd very strange and frightful, lying so long in the Cold, and he had only a thin Coat on, no Shirt, no Breeches, nor Shoes; his Hands were ty'd very hard behind him, and when I had loosen'd them, they were so benumm'd, that he could scarce bring them forward. He told me he had been robb'd in Mr. Lewis's Field by two Men. I asked him if he should know either of them again. He said he should know one of them, - the tall Man, he should know by his Voice. Some of my Servants would have gone out directly, in search of the Men; but I said, they won't stay to be sure in the Place where they committed the Fact; and we had no Arms. After I had warm'd some Drink, and had given it him, I got him a Pair of Shoes, and three of my Men went home with him.
Mr. Goddard. I had heard that Mr. Short had been robb'd, and seeing him the next Morning, I call'd to him to know how he had far'd. He told me; and I took down an Account of what he had lost, and a Description of the Person. He said he had been robb'd by two Men, one a middle-siz'd Man, the other a tall Man, with such a very hoarse Voice, that he was sure he could remember him again particularly. I advis'd him to come again to me in the Evening, and I sent for Griffiths, and some more Friends, and we went out into the Fields: We divided our selves, but kept within Call. That Night we did nothing; and the next Morning Mr. Lewis, the Cow-keeper, call'd upon me, to know if we had not been in the Fields last Night: I told him Yes, we were searching after the Rogues, and we should be glad if we could find them. Says he, if you'll go up to my Farm at Kentish-Town, there's a Barn, which two or three Fellows had been observ'd to frequent, and to go into, and out of, arm'd, and at Two or Three o'Clock in the Morning. I did not know the Method of these Barns in the Night, so I and my Friends went to take a View of them the Day before, that we might know how to get off if we were over-power'd. We took a View of several Barns, and as we came home, we call'd upon a Constable at Kentish-Town, and were informed there was a House in the Town which was frequented by People of ill Fame: We went to this House, ('tis the Sign of Whittington and his Cat) about Six o'Clock; and I saw the Prisoner at the Bar sitting by the Fire, cutting Apples. I took a good View of him, and so did the rest of us; and imagining he answered the Description which Mr. Short had given me of him, I wanted to hear him speak, so I went up to the Fire-Side, but immediately got up, and without speaking a Word, was going out of the House: I faced him, and told him he must not be gone, I had a Mind to hear him speak: He asked me what Reason I had to prevent his going out; I told him I was an Officer, and had some Reason to detain
Prisoner. Was I so hoarse as I am now?
Goddard. I think not.
Owen Griffiths . I was sent for by Mr. Goddard, to whom Short had given the Description; and having heard how barbarously the Man had been used, I went along with them, (being an Officer) as Mr. Goddard has related. We searched the Barns that Mr. Lewis directed us to, and then we went to Mr. Wiblin's, who keeps the White-Horse at Kentish-Town, and we described the Man we were in search of, to him: He could give us no Account of him; but he and a Neighbour coming a little way over the Fields, they informed us that the Whittington and Cat was a House which was suspected of harbouring such Sort of People, we went there and found this Man, and thinking he answered the Description, we apprehended him.
Q. After you brought him to Town, and Short had seen him, what pass'd then?
Griffiths. Short said he was positive to the Man, and he told the Prisoner, he had not been so good as his Word; for, says he, you promis'd the next Man you took, you would come and release me; but you did not.
Q. What Answer did the Prisoner make?
Griffiths. He said we might do as we would; he had made no Confession.
I was in Eagle-street, behind the Blue-Boar-Inn in Holbourn, between Three and Four o'Clock in the Afternoon, and from thence I went to Mr. Upton's in Tower-street, the upper End of Mon-mouth-street, and I went with him to the Three-Tun Alehouse, and was there with six People, and never stirr'd out of the House 'till Nine.
The Prisoner's Witnesses were examin'd apart.
Richard Upton . I have known the Prisoner, - may be two Years, up and down: He was an Acquaintance of my Journeyman. I am a Peruke-maker, and I live at the Corner of Tower-street, the upper End of Monmouth-street. I have kept a Shop there these seven Years.
Q. In November last was the Prisoner in your Company?
Upton. Yes; he came an Hour before dark, and I shav'd him.
Q. Did he use to be often at your House, or has he been there only once or twice?
Upton I can't say I saw him, - but in that Month: It was last Tuesday was a Fortnight, the 23d of November.
Q. When he was shav'd what did you do then?
Upton. After he was shav'd, he stay'd some Time, and talk'd; and we went to a Publick House, with two more; he was at the Publick House, and at my House 'till almost Nine. As I am upon Oath, I am safe; - he came to my Shop a little after Four; - between Four and Five, and he staid at my Shop the best Part of an Hour, and then we went to the Ale-house, the Corner of Lombard Court in the same Street, - to one Mrs. Palmer's, in Tower-street, the Corner of Lombard-Court, and he staid at the Ale-house 'till between Eight and Nine.
Q. How many were you in Company?
Upton. Three besides my self: Four in all; - with others coming in and out.
Q. Did those Three or Four stay with you all the Time, 'till Eight or Nine?
Upton. Two of them went from the Shop with me; and one came to us afterwards.
Q. Who were they that went from the Shop with you?
Upton. Davis and Dod, went from the Ale-house with me.
Q. I would have you speak to be understood: Who went with the Prisoner and you to the Alehouse?
Upton. Strock and Davis went with him and me, and George Dod came to us afterwards, and we Four staid together.
Q. How long was you there, before Dod came to you?
Upton. I met him going in along with us.
Q. And so you Four were in Company together 'till Nine o'Clock?
Q. And no Body else?
Upton. Not to stay the whole Time: We staid there 'till between Eight and Nine, I believe 'till Nine, - but between Eight and Nine.
Q. How come you to remember so particularly the Day of the Month, and the Day of the Week? You say he had not been there a great while before.
Upton. If he had come often, I should not have remember'd the Day. He was afterwards taken before a Justice, and I was there, knowing him to be wrongfully accused.
Q. And did not you hear then, the Day of the Week, or the Month mention'd, on which this Robbery was committed?
Upton. Yes; but I did not observe it, nor remember it at all.
Q. How came you not to take Notice of that, when you could remember what was said and done at your House?
Upton. I could remember that by my daily Work.
Q. Was you at Work your self that Day?
Upton. No, I was not at Work my self: there was weaving and mounting (I believe) going forwards. I shav'd the Prisoner; and I shav'd other Customers, and might stand still sometimes. Strock and Dod were weaving at the same Time. Sometimes they sit down for a Day's Work, or a Week's, as I have Occasion for them. I employed them both at that Time.
Q. What Hour do they usually leave Work?
Upton. They were not regular Journeymen by the Week; but sometimes they do a Job for me, and I pay them for it, ^ they were not at Work for Wages then, they only sat down to help me, and I gave them Victuals and Drink.
^ See Dod's Evidence. p. 31
Q. Had they been at Work for you in the beginning of the Day?
Upton. The best Part of the Day they had, and Strock the best Part of the Week.
Q. And did they work for nothing?
Upton. I satisfied them one Way or other, at this Time they were to stand to my Generosity; there's a Reckoning between Strock and I, and I shall pay him what I agreed for.
Q. Do you use to take your Journeymen from your Work and carry them to the Ale-house?
Upton. 'Tis not to my Credit to do so, but I often have; especially when I meet with a Friend.
Q. Were you acquainted with the Prisoner at the Bar?
Upton. Yes; Dod brought him acquainted with me, he call'd upon him as he was at Work.
Q. Is the Prisoner a Peruke-maker .
Upton. Yes, by Trade; as I have been informed by Dod. He has wove at my Shop, but I paid him nothing for it.
Q. And did he do it for his Diversion?
Upton. Yes; as any Body else may do.
Q. Did you take any Memorandum of the Day of the Month?
Upton. Yes, I set it down in my Book, that I might be safe.
Q. Did you set it down in your Book the Day he was at your Shop?
Upton. No; - I know the Day by other Things I did.
Q. Where does the Prisoner live?
Upton. I don't know; he came to me as a Stranger, and was a Stranger to me, but I have drank with him several Times.
Q. What Day of the Week was the 23d of November?
Upton. I don't remember that.
Q. You say you have drank with him several Times; can you remember any other Time, but this 23d of November?
Upton. No; I cannot say I do. I did not think I should have had any Occasion to have taken Notice of any Thing farther; as he was call'd in Question soon after.
Q. Who attended you at the Ale-house?
Upton. Mrs. Palmer, she brought some of the Liquor, I can't say all.
Prisoner. She brought us all the Liquor.
Q. What did the Reckoning come to?
Upton. A Shilling. I had no Money, so the Prisoner paid all: when we Brothers of the Trade
- Strock. I am a Peruke Maker; I was at Work at Mr. Upton's, -
Q. And how are you employ'd? By the Day, or by the Piece, or how?
Strock. I am employ'd by the Week, - at so much a Week. ^ I was employed at this very Time by the Week.
^ See Upton's Evidence, p. 28.
Q. When was this Time?
Strock. The 2d of November, and all that Week.
Q. Did you stay with him no longer?
Strock. I worked Two Days with him last Week.
Q. Did you work with him about the middle, or the latter End of November?
Strock. I worked with him that Week, and Two Days after that; and then I was employ'd by another Master; this was the Beginning of November. I worked with him no more than that Week, and Two Days last Week: then I was sent for by a Master in Bond-Street to do other Work.
Q. What were the Days last Week, on which you work'd?
Strock. Monday and Tuesday.
Q. What Days of the Month were they?
Strock. I cannot tell; but 'twas Monday and Tuesday last Week.
Q. So when you was at work with Upton you saw the Prisoner?
Q. What, one of these Two last Days you worked with Upton?
Strock. No, 'twas on the 3d of November that the Prisoner came to our Shop, and my Master shav'd him: 'twas on a Tuesday, and he complain'd his Face was sore, and desired a good Razor; after he was shav'd he staid half an Hour. Then he desired my Master to go and drink a Mug of Beer with him at the Three-Tuns, the Corner of Lombard-Court; so my Master and another young Man who was in the Shop went with him, and he desired me to go too.
Q. Is not this above a Month ago?
Strock. No; 'tis but a Fortnight ago.
Q. Do you think it might be Monday or Tuesday last was a Month?
Strock. No; it was a Fortnight ago, it was the 23d of November, - I believe it was the 24th of November when I came to him.
Q. Recollect your self; cannot you be certain?
Strock. I came to work last Monday Fortnight, and the Prisoner came to be shav'd the next Day, the 23d. I never saw him but once before in my Life.
Q. Was he your Master's Acquaintance or yours?
Strock. He was my Master's Acquaintance, and none of mine; I did not go with them.
Q. What, did not you go with them last Tuesday was Fortnight?
Strock. - Yes, - the 23d.
Q. Aye, - the 23d, you can remember pretty well; but who went with the Prisoner and your Master?
Strock. Tom. Davis; and we staid 'till past Eight. I don't know what the Reckoning came to, - we had but Four full Pots, and (I believe) the Prisoner treated.
Q. You say, you had but four Pots of Beer; do you go so often to the Ale-house, and yet not know what four Pots of Beer come to?
Strock. I don't know. I believe a Shilling. I never saw him but once before.
Q. How come you to remember the Day so particularly?
Strock. Because I was before the Justice with him, when he was taken up.
Q. Did you hear the Day of the Month mentioned there?
Strock. No; but he sent for my Master, and because I work'd there, therefore I remember'd it.
Q. You said you were employ'd by the Week; has your Master paid you for the Work you did then?
Strock. No; he said he would pay me when he got Money. - I got a Crown from him.
Q. What! for Two Days Work?
Tom. Davis. I know the Prisoner; I have seen him several and several Times at Upton's Shop. He came last Tuesday was a Fortnight to be shav'd; he staid better than half an Hour, and I shav'd Two or Three more, while he was there There was Strock and Upton, and one Harris a Rabbit Merchant, and another Man in the Shop. After he was shav'd, he said he would give Upton a Pot of Beer; he was a slender Acquaintance of my Master Upton's, - I had not seen him there before for a great while. I was there, helping him to make a Peruke.
Q. Was you to be paid for your Work?
Q. Did Upton go with the Prisoner to the Ale-house?
Q. Who else came into your Company?
Davis. George Dod came to us, but he came from another Place where he had been at work, - from one Mr. Green's.
Q. How came Dod into your Company?
Davis. While we were drinking I went out for Oysters for the Prisoners, and I met Dod, and told him that Gill was at an Ale-house; so he went in with me, and we all staid together till almost Nine o'Clock; we had four Pots; I had no Money, so the Prisoner paid I believe - , no, - I won't say who paid.
Q. What did the Reckoning come to?
Davis. I can't tell, but the Landlady, and her Daughter, and another Woman, waited on us. When we parted I went to my Lodging in Earl's-Court The Prisoner was none of my Acquaintance but my Master's. The Prisoner and I went first, my Master followed us in five Minutes, and Strock came in afterwards. I had been for Oysters and was putting them in the Fire to roast, when my Master came in.
Q. How many had you in Company?
Davis. Four; Strock, Upton, myself, and Dod, that's four, and the Prisoner, that makes five. I never knew the Prisoner to use the Shop before; he was Upton's Acquaintance, but I have drank with him at Kentish Town, for the Night we were drinking at the Three-Tuns, he desired me to go 16 Miles beyond Hounslow, to fetch a Horse for him, and I was to pay 13 s. 6 d. I went the next Morning to Staines for the Horse, and put him up at the Queens-Head and Cross-Keys in St. Martin's-Lane; then I went to Upton's, and he directed me to the Prisoner at the Whittington and Cat in Kentish Town, and he gave me 18 d. to fetch the Horse to him; this was on Thursday, and the next Day I heard he had been taken up that very Night.
Goddard Have you never been at the Whittington and Cat before?
Davis. No - Oh! yes, once before.
Goddard. Did you ever eat Part of a Goose there:
Davis. No; it was Mutton and not Goose.
George Dod. I have known the Prisoner three or four Year; he is a Peruke Maker. I was in Company with him the 23d of last Month, it was Tuesday Night, and I was going thro' the Court and met Upton with him, going to the Ale-house; I went to Upton's Shop, and they sent for me from the Shop to come to them.
Q. Who was in Upton's Shop?
Dod. There was Upton's Brother and one Robert, - I don't know t'other Name, Strock and another. Tom Davis came for me, and I went with him, and after that Davis was sent out for Oysters; I was in Company when he was sent for them, and staid till he came back - I was never out of the Room.
Q. Then you did not meet Davis in the Street that Evening?
Dod. No, he came for me to Upton's Shop, and I went with him, and was not out of the Room 'till we all went away. The Prisoner talked about sending Tom Davis to Hounslow for a Horse. When we parted we all came out of the House together, and we left the Prisoner in Holbourn; the rest of us parted in Long-Acre. I remember the 23d of November, because I had been sent of an Errand, and staid so long, that when I came Home my Master gave me a good Box o'th' Ear, and said he'd make me remember the 23d of November.
Mrs Palmer. (the Landlady.) I live in Lombard Court at the Three-Tuns. On the 23d of November there came a Man to my House to ask for a Man who was drinking with the Prisoner; I says, he's gone out with another Gentleman. If I had come sooner, says he, I would have given him a good Kick, and have made him remember the 23d of November, and at this very Time the Prisoner was in the House; he came about Candle light and staid three Hours. The Prisoner came in first of all by himself, and said there was Company coming to him. He was there by himself a Quarter of an Hour before any one came to him. - I can't say which of them came next, but Upton, Strock, and Dod, were together.
Q. Was any Body sent for to come to them from Upton's?
Palmer. No, not as I know of. They had three Pots of Ale, and the Prisoner brought Brandy in his Pocket to put into it. Mr. Upton and he had been acquainted together for some Time. When I was before Justice De Veil I could not remember the Day, but now I have recollected my Memory. Guilty Death .
George Baker . I am Page to Princess Mary, and had the Misfortune to lose four Silver Plates, one was miss'd August the 2d, another August the 7th, the Third August the 24th, and the Fourth November the 17th; I advertis'd them, offering a
Mr. Hague I live near Goldsmith Hall, and am a Silversmith. One Herbert a Journeyman of mine, bought me a Silver Plate, and asked me if I would buy it; he told me it was honestly come by, and that the Gentleman who owned it, was a Relation of his Wife's, and being come to Decay, would sell six or eight of his Plates, but not caring to sell them himself, he employ'd him. I gave him 5 s. 3 d an Ounce, and he brought me at different Times three more; the Marks were very curiously taken out of them all. The Advertisement came out the 19th, and my Man had brought one the Day before, but I not being at Home, he was to come again the next Day. I took him before Sir William Billers, and he produc'd this Cock, a Shoemaker; Cock was taken up, and he impeach'd the Prisoner.
Joseph Cock . I deliver'd the four Plates to Herbert at different Times; the Prisoner brought them to me, and said, they belong'd to a Gentleman that she chair'd for, who not being well desired her to dispose of them for him. My Wife said, why, Mr. Herbert is a Relation of our's, go to him; I carried a Plate to him, and he carried it to Mr. Hague. Herbert gave me but 4 s. 6 d. an Oz. and said, he could get no more because it was old Sterling. I gave the Prisoner all the Money I had for them but 3s. 6d. which I laid out of the Money I receiv'd for the last. This 3 s. 6 d. and 4s. which she gave me afterwards, was all the Money I had from her.
Baker. This Woman has been employ'd in the Palaces thirty Years, and had Opportunity of taking them out of the Scullery.
Defence. Cock had them of me, and it was he that took out the Arms, I see him do it myself; I believe there was a Spell set upon me, or else I was bewitch'd. Guilty , Death .
William Davis I miss'd my Mare the 8th of October from the Grounds in Barnet Parish , where I had put her to Grass; I advertis'd her, and on the 18th of October I was informed that the Prisoner had set her up at an Inn in Gray's-Inn-Lane. He owned he led her out of the Grounds with his Garters.
- Turner. The Prisoner came to my House in Grays Inn-Lane, to set up the Mare 'till he came from Market, for he was going to Smithfield with 11 Sheep, which he call'd Crocks. This was about Four in the Morning; and he told me he had travell'd all Night with his Sheep. I ask'd him why he did not come yesterday, as other Men did: He told me it was not so proper for him. I set up his Mare, but he not coming for her that Day, I took her to the White-Bear and put her into a Stable there. Mr. Davis happen'd to come next Morning, and he own'd her.
Davis. The Man from whom the Prisoner had stole the Sheep, gave me Notice where the Mare was set up.
Robert Crosby . was indicted for stealing a Hat, value 3 s. the Goods of John Matthews , Dec 3 . Guilty, Single Felony .
73. Richard White , of St Andrew Holbourn , was indicted, for that whereas Ruth Parker having stolen two Silver Candlesticks, two Silver Sockets, five gilt Spoons, a Damask Table-cloth, and a Bed-Quilt, the Goods of William Gore , Esq ; Dec. 31, he the said White did receive the same, knowing them to be stole , Dec. 31 . The Prosecutor not appearing, the Prisoner was acquitted .
80, 81 David Jenkins , and Thomas Stafford , were indicted for breaking and entering the House of George Dalby , and stealing a Wooden Till, value 12 d. and 6 Guineas, a half Guinea, and 3 l. in Money , Oct. 13 .
- Jessup. I was concerned in this Robbery, with the 2 Prisoners, Oct. 13. between 7 and 8 at Night. We thought if we got in at the Shop Door we should be taken, so got the Pin out of the Cellar Window, which opens in the Shop under the Counter, and got in that Way. Jenkins went in, and Stafford shut to the Cellar Door, till he came out again: he took out the Till, and came out the Way he went in; but a Boy (seeing him put the Money in his Bosom,) cry'd out stop Thief, upon which we all ran away, but the next Day I was taken. They had all the Money, and I had not a Farthing of it.
Nicholas Welch . I saw Jenkins run up the Road with the Till in his Hand, he put some of the Money in his Bosom, but the Half-pence he put in his Cap; then he attempted to throw the Box over a Brick-wall, but it struck against the Wall, and flew back into the Road; I took it up, and here it is. I know Jenkins very well, and saw his Face very plain by the Lamps
Stephen Cull . I was standing at my Door, within 15 Yards of the House, and I saw Jessup and Stafford run away, and hearing presently that Mr. Dalby was robb'd, he and I went after them, but could not find them that Night. Next Morning we went upon the Search again, and in Monmouth-street, we saw them together and took them, he would give no Account where Jenkins was, but I thought, he might be at a House in Brick-Street, that harbours Thieves, and there I found him.
Constable. Jessup confess'd the Fact before the Justice, and Jenkins said he was nail'd now, if he could get no Body to say, he was playing at Skettles at this Time. Both Guilty , Death .
John Clark , was indicted for stealing 12 Pair of Leather Shoes , the Goods of John Austin , Nov. 22 . The Prosecutor not appearing, the Prisoner was Acquitted .
92. Mary Smith , was indicted for stealing a Linsey Woolsey Curtain, value 2 s. Three Linnen Mobs, value 2 s. an Apron, value 1 s. and a Pair of Worsted Stockings, value 1 s. the Goods of John Shillingford , Aug. 1 . Acquitted .
93, 94, 95, 96. Joseph Anthill , Thomas Waters , Daniel Maccartey , and Philip Brown , were indicted for assaulting Alexander Innys , Joseph Anthill , for giving the said Innys a mortal Bruise on the Crown of his Head with a wooden Stick, of which mortal Bruise he instantly died, in the Parish of St. Sepulchres's , Sept. 19 , and Thomas Waters , Daniel Maccartey , and Philip Brown , for aiding, abetting, assisting and comforting the said Anthill in the said Murder , as aforesaid.
They were a second time indicted for assaulting Alexander Innys on the King's Highway, putting him in Fear, &c. and taking from him a Cane, value 2 s. 6 d. the Goods of Edward Oakley , a Silver Hilted Sword, value 20 s. and a Silver Shoe Buckle, value 2 s. 6 d. Sept. 19. The Counsel for the Prosecution having open'd the Charge, and the Evidence against the Prisoners, they proceeded to call the Witnesses.
Mrs. Fewterel. I live at the Thistle and Crown in Church-Court, against Hungerford-Market. On Sunday, Sept. 19. Capt. Innys was at my House in the Evening, and went from thence about Half an Hour after Nine, in good Health. He went towards Wine-Licence-Court in Fleet-street. I would have perswaded him to have said all Night, or have taken a Coach, because he was a little fuddled; but he would not. There was a Gentleman in his Company, but he did not go home with him. I lighted him to the End of the Court, and saw him walk very well, with a Cane in his Hand.
Thomas Walker . I live at the Rainbow Coffee-House the Corner of Ludgate-Hill . On this Sunday Night I saw Capt. Innys, and two Men with him; who they were I did not know at that time: He had a Linkman with him, and was going towards St. Paul's. The Captain insisted upon being lighted home, the Linkman refused to go any farther, and would have a Shilling then: The Gentleman said, if he would not light him home he would give him nothing; then the Fellows said to the Linkman, D - n him, take his Cane, or something to that Purpose; then the Linkman turn'd round and snatch'd the Cane out of the Captain's Hand, and they all stood arguing a little; but they seeing me and other People coming up, he li't him up a little farther than Mr. Ashley's Coffee-House, then he put out his Link and ran away with the Cane, towards Temple-Bar. After this, I saw the Captain much in Liquor, - he seem'd to stagger, and those two Fellows kept with him: I did not like them, and had a Curiosity to see what they would do to him. I observed the least of them on one Side of his Pocket; but they taking Notice of me, one of them was a coming up to me, but I was afraid of them, and went away. I took Notice of the Man that was coming up to me, he had a sort of a whitish Face, and a brown Coat: I pick'd the Man afterwards out of a Room full of People. I won't swear positively that is the Man, but I think in my Heart he is the same.
Q. Where is the Man with a white Face?
Walker. I don't know where he is now; but I pick'd him out of a Room full of People.
Q. Look about you, do you see the Man?
Walker. That's the Man.
[The Witnesses went directly to the Bar and took Anthill by the Hand] This is the Man. - That Man stood by the Captain, and that was the Man that came over the Kennel to me.
Q. Was not the Link put out?
Walker. Yes; but I saw the Man's Face that came over to me, while the Linkman was with them: He was one that bid the Linkman take his Cane; - I can't swear positively that he is the Man. When that Man came up to me, I was afraid, and so I went directly home: This was about Ten o'Clock.
Jane Tyrrel . I know the three Prisoners, Anthill, Waters and Brown: I know nothing of the old Man. I remember the Night that Capt. Innys was found murdered, by their own Words; it was the 19th of Dec. I was a hired Servant to Anthill, at 6 l. a Year. That Sunday we had baked Pork for Dinner, and it was not done enough.
Tyrrel. He keeps a House in Black and White-Court in the Old Bailey; - about Six or Seven o'Clock that Sunday Night, Tom Waters came in to Anthill's House, and this Phil Brown came in; they drank two half Quarters of Gin together, and Tom Waters paid Anthill 2 d. for the Geneva When they had drank the Gin, they Three went out together, between Six and Seven o'Clock. Between Nine and Ten Anthill came in again by himself, and flung his Hat down upon the Table, and said, G - d D - n it, what have we done! - we have taken his Hat and left his Money! I had a Stake of Pork broiling on the Fire, and while I was turning it, in came Tom Waters, and he cry'd G - d D - n my Eyes, we have taken his Sword, and left the Scabbard and Money behind. I did not see Brown 'till the Wednesday following. Then says Anthill to Waters, G - d D - n it, what have you done with the Blade?
Q. What had Anthill in his Hand when he went out?
Tyrrel. He took out a Stick with him.
Q. Had Waters any Thing in his Hand?
Tyrrel. God forbid I should say any Thing but of a Stick. Neither of them had any Sword. Waters had a Stick when he went out, and a Stick when he came in again. Then an't please you, Anthill said, what have you done with the Blade of the Sword? Waters said, he had broke it into four Pieces; then G - d D - n it says Anthill, it will serve for nothing but Files: what they meant I could not tell, I was not a Judge of their material Way of thinking. After this had pass'd, they both went out of Doors, and came in again; then Anthill went out and call'd Tom. Waters out to him, and in about two Minutes I heard Tom bid Anthill Good Night, telling him, he was going Home. When Anthill came in again, he said, - G - d D - n it! I gave him but one Blow! Have you been Fighting says I; can one Blow kill a Man? (not knowing any Thing of the Matter then) Yes, says he, - just here; putting his Hand under his Wig, this was about Ten o'Clock. Then he sat down by the Fire, and trembled, and could not eat a Bit. About Eleven o'Clock, when the Watchman came about, I took the Candle off the Table and hid it in the Closet, that he might not see the Light. I could not imagine what made him tremble so, I thought he might be in Liquor; for I did not know any Thing of the Murder 'till Monday Morning Seven o'Clock, and then at a Chandler's Shop, I heard one say of me, that Woman lives in Black and White-Court where the Man was kill'd: this made me have a Thought; so I stept Home, and went to Anthill's Bedside, and said, Joe, what do you think! I don't know what to think said he, and cry'd - I gave him but one Blow; what need you to be frighted, my Dear, says he to me! I gave him but one Blow.
Q. When did you first discover these Expressions and this Behaviour?
Tyrrel. About Five Weeks and odd Days ago; to one Mr. Gordon at his House; and when Anthill was taken up, he could not disown one Word.
Q. How come you to conceal a Thing of this Importance so long?
Tyrrel. If I must expose my self, I must, - I was under Confinement Nine Days or a Fortnight, - and when People have seen me crying, and ask'd me the Reason, I have said, I am sorry that I should keep Company with such People, for because I am a Woman of the Town, the People would say, I did it out of Spite, if I should reveal it.
Anthill. Did you never call me bloody-minded Thief?
Tyrrel. Yes, because you said you gave him but one Blow, and that was his Death.
Anthill. We had a great Quarrel because I would not live no longer with her as my Wife. Ask her, if I did not come Home and tell her there was a Gentleman drunk in the Old-Baily, and if I did not say, we staid with him 'till Mr. Atkins and his Son came to him.
Tyrrel. No, nothing like it; but when he came in he slung down his Hat and trembled.
Waters. Ask her, why she did not remember me when Anthill was committed to the Counter?
Tyrrel. I mentioned Waters when I made the Discovery to Gordon, but when I was carried before my Lord Mayor, I was so surpriz'd that I forgot the rest of them.
- Gordon. I live in Hanging-Sword Alley in Fleet-street; I am a Joiner. I can't remember the Day of the Month, but 'twas one Friday Night Tyrrel was at my House, and seem'd very uneasy. I ask'd her what was the Matter; she was ready to cry, and made no Answer. My Wife told me, that she (Tyrrel) knew something of the Murder of Capt. Innys. I told her, if she did, it was but Justice to bring it out; but I did not ask her much about it that Night, because I wanted to go to Bed; however, next Day she went before the Lord-Mayor and made the Discovery. As to the Men, I know nothing of them; only I know she told the same Story before him, (with Regard to Anthill) that she has told now. I heard her mention Tom Waters, and that he came into Anthill's
Peter Ellames . On the 19th of September, about 10 o'Clock at Night, I saw the Deceased lying on his Back in the Old Baily I thought he was dying, and said, it was pity nobody would lend their Assistance to get him to the Watch-House; so I got him thither and sent for a Surgeon to bleed him, and after that he was carried to the Bell-Inn.
Prisoner Brown. Ask him whether he took Notice of his Buckles?
Mr. Ellames. When he was taken off the Ground he had both Buckles in his Shoes, but when he was brought into the Watch-House he had but one.
Samuel Hinson . After Anthill was committed, I went to see Waters in the Compter, his Mother and several others were with him, and after some Talk he started up, and said, d - n his Soul, Anthill was as guilty of the Murder, as he was innocent.
William Murrey . I bought the Cane of the Prisoner, the Linkman, one Sunday Night; he asked a Shilling for it, I said I had but Six-pence; he said I might lend him that upon the Cane 'till the next Day, and I agreed with him, that if he fetch'd it not the next Day, it was to be my own.
Mr. Oakley. This Cane is mine; I was visiting at a Friend's House in July last, and left this Cane behind me when I came away. How it came to Mr. Innys, I can't tell.
Capt. Carr. I know that Mr. Innys had that very Cane, that's all I know.
Mr. Murray. I cannot swear that Brown brought me the Buckle to sell it, he might or might not; I will not swear what I don't know.
Elizabeth Cockran . On Sunday September 19, the Prisoner Brown, came to my Room with a carv'd Buckle, about Half an Hour after Ten at Night, he said he had taken it out of the Gentleman's Shoe in the Old-Baily, and if the People had not come up, he should have got something else. There was some Blood upon his Coat, I asked him how it came, and he told me his Nose had been bleeding. My Husband had given him Leave to lodge with me in my Room.
Maccartey. I was a Hackney-Coachman, but being reduc'd to Poverty, I carried a Link . Towards Charing-Cross the Gentleman ply'd me, and I was to light him to Fleet-Ditch; when we came there he said he had no man Money, and bid me go about my Business. I said it was very hard; and told him, I had never seen him before; upon that he struck at me with his Cane, and dropped it; I took it up, and every Body said, keep the Cane, poor Man, keep it, and the Gentleman cry'd, d - n the Cane, 'tis not worth Three-pence
Anthill. I happened to come by and saw the Gentleman lying in the Street, there was Atkins the Constable's Son with me, but I have no Money to Subpoena him. I own I was by at the same Time; all the Woman has said is Spight, because I would not live with her. I have no Friends here at present.
Q. What Business do you follow?
Anthill. I am a Baker's Servant in Rose-Street.
Waters. I shall prove I was at Home all that Night.
Thomas Bailey . I was at Waters's Mother's House that Night with the Prisoner, and his Brother Jack, and Mr. Target, from Six, till Half an Hour after Ten; I did not see him go out of the House all that Time. He came down Stairs to us between Seven and Eight in a Dishabille and undrest.
Daniel Lee . I was at Mr. Moss's that Night the Gentleman was found in the Old Baily, from four or five, till ten o'Clock; I left the Prisoner Waters at Home; I was going into Black-and-White Court to one Mr. Crane, a Cabinet-Maker, and passing up the Old Baily, I saw the Gentleman lie, I thought he was fuddled; I did not stay by him above two or three Minutes, nor did I take Notice of any of the People that were about him.
Target. I was at Mrs. Moss's House, the Prisoner's Mother, the Sign of the Hospital-Gate in Smithfield, from eight till eleven that Night, and he was not absent at all from eight till eleven, except when he went down to draw Beer.
97, 98, 99. Joshua Noble, otherwise Civil Joe , Richard Long , otherwise Frost, otherwise Flea bite , and John Lowder , were indicted for stealing an Iron Rail, fixed to the Freehold of Robert Barnes , value 2 s. And James Raffaty for receiving the same knowing it to be stole , October 24 .
Lowder, Noble, and Long, guilty . Raffaty acquitted .
Richard Long, otherwise Frost, otherwise Flea-bite , was indicted for stealing six Jelly-Glasses, a Sconce, a Glass Decanter, a Glass Salver, and other Goods , the Property of John Holbrook , August 27 . And James Raffaty for receiving the same knowing them to be stole .
Long guilty . Raffaty acquitted .
100. John Nurse was indicted for assaulting Jane Williscot putting her in Fear and taking from her a Linnen Cap value 4 s. a Knot value 12 d. the Goods of John Williscot , October 27. Guilty , Felony.
102. Charles Bowler , James Walker , and William Child , of St. Clement Danes , were indicted for assaulting , on the King's Highway, putting him in Fear, and taking from him a Hat, value 5 s. and a Peruke, value 25 s. Dec. 1 .
They were a second Time indicted for feloniously assaulting V - R - , on the King's Highway, putting him in Fear, &c. with Intent his Goods and Money to steal and carry away . Dec. 1.
They were a third Time indicted for a Misdemeanor, in assaulting and wounding the said V - R - , Dec 1. The Prisoners were Acquitted , and ordered Copies of their Indictments.
105. Isaac Burges was indicted, for that he not having God before his Eyes, &c. on Thomas Howson feloniously did make an Assault, and with his Right Hand, on the Left Side of the Head, the said Howson did beat and strike, by Means of which Beating, &c. the said Howson received a mortal Wound on the Right Side of his Head, of which he instantly died , in the Parish of St. Vedast alias Foster , Nov. 20 .
Nathaniel Smith . I can't say any Thing about the Murder, I did not see it done: The Deceased was my Apprentice , and the Prisoner my Journeyman ; November 20 we had been setting a Batch of Bread in the Cellar, and the Deceased was eating his Breakfast there; I called him to carry out his Bread, he came up, and took a Basket, and set it down by the Side of the Counter; I saw the Water in his Eyes, and asked him what was the Matter; he said, Isaac had struck him; then he went behind the Door and set down upon a Sack of Bran; I called him two or three Times, he made no Answer; but the Prisoner coming up, I ask'd him what was the Matter; he said the Boy had struck him, and he would not be struck by an Apprentice; then he went down again. My Wife and I fancy'd the Boy was in a Fit, we got Water and put into his Mouth; as he was a sulky Boy, we still imagin'd he sham'd it. I bid Isaac carry out the Bread, and then we threw Water in the Boy's Face; he seem'd to blow a little, so my Wife sent for some Hartshorn, and clapp'd it to his Nose, but it had no Effect. Then I sent for a Surgeon, and he open'd a Vein, but he did not bleed at all.
Richard Kemm , (Apothecary) About Twelve or One o'Clock, my Master was sent for to Mr. Smith's: He not being at home, I went, and found the Body dead, and without Pulse. The Surgeon came and open'd a Vein, but he did not bleed. We search'd him, and upon his Body, we found only a small Wound just above his Ear, about the Bigness of an Orifice made when a Person is blooded. Mr. Barugh enquired of the Prisoner what he had struck the Deceas'd with; he said he could not tell how it was, - it was some how with his Fist.
Thomas Barugh , Nov. 20. About Noon I was sent for to bleed Mr. Smith's Apprentice; I found him dead, and that he could not bleed; I open'd a Vein, but 'twas to no Purpose. After he was carry'd up Stairs, and the Body was stripp'd, we found a small Wound a little above the Ear: I put my Probe into it, but it would pass no farther than thro' the Skin. While he was laid upon the Bed, there was a great Quantity of Blood came out of his Nose. The Prisoner told me, he only struck him with his Fist. On the Monday following my Master open'd the Head, and we found a Perforation thro' the Skull, triangular, and about the Bigness of the End of this Probe, and a great Quantity of coagulated Blood between the two Membranes of the Brain. The Perforation thro' the Skull, answered directly to the Wound in the Flesh, above the Ear. I take the Perforation to have been made by a Nail, for it answered exactly to the exterior Wound in the Flesh, only it was ragged about the Edges.
Mr. Frewen. The Monday after this Accident happen'd, I open'd the Head of the Deceas'd. I saw a small Wound, about the Size of an Orifice made by a Lancet, in bleeding: It was transverse, and rather cross the Temple, than from the upper Part of the Head to the lower.
Defence. The Deceas'd was a strong young Fellow, about 17 or 18; he struck me, and I gave him a Blow, but not with an Intent to kill or murder him. Guilty, Manslaughter .
106. Mary Sommers , was indicted, for that she, on the 14th of February, in the Second Year of his Majesty's Reign, at the Parish of St. Brides, took to Husband John Sommers ; and that afterwards, viz. on the 27th of April, in the Second Year of his Majesty's Reign , in the Parish of St. Bennet, Paul's-Wharf , she took to Husband , her former Husband being then living .
The Council for the Prosecution open'd the Charge, and the Nature of the Evidence. And,
The Council for the Defendant observed, that tho' in the Preamble to the Statute, it is said to be an equal Offence, whether a Man marry two Wives, or a Woman two Husbands, yet the enacting Part makes it only an Offence to marry, having a Wife still living. And whenever a new Felony is made by Act of Parliament, the Act is never construed to extend farther than the Letter.
The Council for the Prosecution reply'd, that the Intention of the Statute was to punish Women, as well as Men; that this was evident from the Title of the Statute, and even from the Enacting Part itself, which says, If any Person or Persons, being marry'd, or which hereafter shall marry, do, at any Time (after the End of this Sessions of Parliament) marry any other Person or Persons, the former Wife being alive, &c. That no one with Reason could say, that because former Husband, is not express'd in this Part of the Statute, 'tis no Crime for a Woman to marry a second, her former Husband being alive. That the same Construction has always been put upon the Statute, which they now contended for; Women as well as Men having been indicted upon it. That in the Recital of the Act, the Intention was plain; the Words being, - if any Person or Persons, within his Majesty's Dominions of England and Wales, being marry'd, do at any Time or Times marry another, the former Husband or Wife being alive, it shall be Felony.
The Court deffer'd giving their Opinion on the Objection made to the Statute by the Prisoner's Council, and order'd the Evidence to be call'd.
Dr Gainham . I am a Minister of the Church of England; I was a School-master and Curate at Bow by Stratford, about 20 Years ago. I was in the Fleet when I marry'd them; 'twas on the 14th of Feb on the turn of the Year. This is the Book I take the Names of the People I marry in. I marry'd John Sommers of Hannam, Gloucestershire, Gent. and Mary Wallen Spinster, at the Kings Arms Tavern; I have some Idea of her, but cannot swear positively to her. I think she is the same Person. The Wedding was kept at Mr. White's at the Kings Arms Tavern, and I drank Tea with them the next Morning, They Lay there that Night. Mrs. White and the Gentlewoman that was marry'd sung; they said it was Polly Peachum . I remember a great Dispute arose between her and me at it, for she was printed in the Bills Miss Warren, and when I came to put down her Name in my Book, says I, pray tell me your right Name, and she told me it was Wallen, and not Warren. This is a Pocket Book, in which I put Names down, and then I enter them into this Book
Councel. Was this Entry made at the Time of their Marriage:
Gainham. Yes; and no Alteration has been made in it since.
Q. Who was present, beside your self?
Q. Did Mr. White, the Master of the House sup with you?
Gainham. He came up; but did not stay to sup.
Q. Have you any Reason to say you marry'd these People, but by the Entry in this Book?
Q. Will you tell me whether all this is right? John Sommers of Hannam, Gloucestershire, Gent. To Mary Wallen, Spinster, Kings-Arms, Private: Pray what's the Meaning of Private?
Q. Pray was it all wrote at the same Time?
Q. Will you put on your best Spectacles? Was it wrote all at one House?
Q. And with the same Ink?
Gainham. Yes, upon my Word it was: and I never alter'd it.
Q. Will you look upon it again?
Gainham. May be I might call for a better Pen.
Q. But if you call'd for a better Pen, you wrote with the same Ink: here's a Word blotted out King's-Head, and the Words under are King's-Arms. You have struck out King's-Head, and with blacker Ink, and a different Pen, you have wrote King's-Arms.
Gainham. My Lord; - 'tis Eight Years ago.
Councel Well, Doctor, when was this Entry made?
Gainham. On the Day of Marriage, and here I enter all my Marriages; this Entry was made on the Day of Marriage.
Counc Def. You cannot read this in Evidence.
Counc. Pros. I have know them read at a Trial at Bar.
Q. What is this 14 for?
Gainham. That's the Day of the Month.
Q. Why here are a great many People ruin'd in a Month. - Pray are there any Entries made here of People marry'd by any other beside yourself?
Councel. Look to the first Day of the Month.
C. I am going to it; but I must turn over a great many Leaves before I come to it.
Q. You don't make these Alterations, but when you have Occasion for them.
Councel. What Money, Doctor, had you for this Alteration?
Gainham Not a Farthing, as I hope to be sav'd:
Q. Do you keep any other Book? for I have seen some of your People who have kept two, one with close Lines, and the other with open Lines.
Gainham. I have Three Register Books, and I have a Ledger, in which I enter them; and I can easily find out any. My Books are paged and number'd. I never made a false Entry in my Life.
Q. Do you enter into these Books from the little Book?
Gainham. Yes, and the Entries into these Books are always according to the Entries in the little Book.
Q. Read the Entry of this Marriage in the little Book, and compare it with the great Book.
Councel. 14. Feb. John Sommers, of Hannam, Gloucestershire, Gent. To Mary Wallen of Clements Dane, Spinster, King's-Arms, Private. Compare them, and see if they are not both the same Ink, as to all but the King's-Arms. The Alteration seems to be made long since the Entry. The King's Head it was first.
Gainham. That was a Mistake.
Councel. Was there any such Tavern as the King's Head in 1728.
Gainham. No; none but the King's-Arms.
Councel The Ledger goes according to the amended Entry, and wrote with the same Ink.
Councel. The Entries here, are very regular.
C. The Entry in the Ledger is the same Ink as that in the Day Book, the Alteration in the little Book seems to be done with a different Ink.
C. K.. 'Tis a Misfortune that Marriages of this kind are so frequent; but the Ledger is fair, and the Entry is fair. You said something just now of some Songs, which were sung by her.
Gainham. There were some Songs sung by Mrs. White and she.
C. K. Do you remember what she was call'd?
Gainham. Some body told me, she was Polly Peachum.
C. K. When was this?
Gainham. In the Year 28, or 29.
Q. Was not the second Polly Peachum since that Time?
Mr. White In the Year 1728, I kept the King's-Arms Tavern on Ludgate-Hill.
Q. Was any such Tavern as the King's Head there?
White. No, there was but two, the King's-Arms and the Crown.
Councel. Do you remember John Sommers and the Prisoner being at your House?
White. I can't say I know Sommers, but I remember something of the Prisoner's Face, though I can't say positively that is she; I remember I ask'd who was above Stairs, and my People said, one who went by the Name of Wallen or Polly Peachum, and that Mr. Gainham was above with them, and had married them; he was with them all Day, and I believe they dined at my House, and they asked me to dine, but I don't know whether I did or not; I drank a Glass of Wine with them. I cannot swear to the Woman.
Councel. Did they sup at your House?
White. I cannot be positive; there was some Company there singing, and I believe my Wife went up and sung too: I heard several Songs, and I think she is the Person, but I can't swear it.
Mrs Coker. I know Mrs. Wallen: In February 1728 she lived at my Brother's House, I lived there too at that Time, 'twas in Cary-Street; she lodged there Part of the Year 1728, but I won't be positive that she lived to the End of that Year
Q. Do you remember Mr. Wallen's going away in February?
Mrs. Coker. Yes, she went away with the Gentleman who said his Name was John Sommers; I remember my Sister lay-in, and he stood Godfather to the Child. They went away the 14th of Feb. in a Coach from our House, with an old Gentlewoman, one Mrs. King.
Q. Did they return to your House that Night?
Mrs. Coker. No, Mrs. King did. Neither Mr. Sommers nor Mrs. Wallen returned 'till next Day.
Q. When they returned the next Day, did they live at your House any Time afterwards?
Mrs. Coker. Yes, about a Fortnight, and in that Time both Sommers and she owned they were married, but I don't remember whether they mentioned the Place where they were marry'd or not. I heard them say they were marry'd, the next Day; they liv'd and lay together as Man and Wife.
Coun. There is a remarkable Day in February, Madam, a coupling Day; all the young Women remember Valentine's Day.
Mrs. Coker. Yes; 'twas Valentine's Day.
Q. After Mr. Sommers went away, when did you see him again?
Mrs. Coker. About a Year afterwards he came into the House where I liv'd to ask for her, I don't know whether he asked for her by the Name of Sommers, but he asked me where she liv'd, for she did not lodge there a great while after she was married, but I saw him about a Twelvemonth afterwards - the Beginning of the next March was Twelvemonths, but I am not positively sure.
Coun. Can you be sure it was 10 Months? Can you be sure it was eight Months?
Mrs. Coker. Yes; tho' I don't remember the particular Time, yet I can take upon me to swear that I saw him alive eight Months after.
Coun. Def. I take an Exception to the Establishment of the Marriage: 'Tis not sufficient, in Cases of this Nature, to prove a Cohabitation: They must give Evidence of an actual Marriage; all the Proof they can give, is this Fleet-Register, which ought to have no Weight at all. I submit it, whether they have established the first Marriage.
C. Criminal Marriages must be positively proved for Men and Women in this wicked Town, who live together, to say they are marry'd, is not sufficient Evidence.
Councel. Here is the Man of the House remembers something of the Woman, and remembers likewise the Doctor present, at the same Time.
C. This is Evidence to create a Suspicion; if a Person is accused of a Crime, it must not be Suspicion, but positive Evidence that must be brought against him.
Councel. The Evidence of Gainham, perhaps may be thought not sufficient, but the Parties themselves have acknowledged it. Pray how long did they live together as Man and Wife? (To Mrs. Coker.)
Mrs. Coker. About a Fortnight, and then he went away; after he had been gone two or three Days, she told me he was gone into the Country.
A Juryman. I desire to know whether she went by the Name of Polly Peachum, when she was marry'd?
Mrs. Coker. She acted the Part; and there was no other at that Time, and she then belonged to the Play-house. I have heard her sing my self. Acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, II.
- Burnt in the Hand, 5.
To be Transported, 51.
Elizabeth Hart , Sarah Pugh , Edward Buteman , Ezekiel Dyer , Elizabeth Davis , Jeoffery Taylor , Robert Pollard , John Powel , Thomas Loveridge , Samuel Broughton , William Johnson , Richard Savage , James Read , James Blackburn , Thomas Priddle , John Lowder , Charles Lowder , Gerrard Pell, Ann Field , James Maccleroy , Thomas Inch , Philip Lawrence , Samuel Watts , Mary Hughes , Richard Santon , Thomas Morris , Sarah Hog , Mary Hughs , Robert Bolt , William Jackson , William Ripley , Edward Churchman , Thomas Brown , William Sanders , Richard Matthews , Mary James , Thomas Twinney , William Crewdson , Henry Herbert , Mary Anderson , Benjamin Hill , Edward Nash , Joseph Dickson , John Puddyford , Mary Dyer , Sarah Cole , Daniel Fetzpatrick , Joshua Noble , Richard Long , John Nurse , and Elizabeth Charlton .