Friday the 14th, Saturday the 15th, and Monday the 17th, of January, 1736, in the 11th Year of his MAJESTY'S Reign.
Being the Second 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,
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN THOMPSON , Knt. Lord-Mayor of the City of London; the Honourable the Lord Chief Baron Reynolds ; Mr Justice Lee; Mr. Justice Cummins; 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 Middle-sex.
John Draper . On the 20th of December the Prisoner came into my Mother's House; (her Name is Susannah Draper, she keeps the Globe-Tavern in Fleet-Street ) He bid me fetch him half a Pint of Wine, and order'd the Cook to dress him a Beef Stake. I left him in the Kitchen; but in a little Time, the Cook came to me, and told me, the Man was going out of the House with the Mug in his Pocket. I ran after him, and found him in the Entry, and one of our Boys standing before him; I took him by the Collar, and held him while the Boy took the Mug out of his Pocket; it was mark'd IDS. and is my Mother's: The Fellow to it, was stole about five Years ago. To excuse himself, he said he was in Liquor, and he did seem as if he had been drinking; but he was very capable of committing this Fact, for he would have gone off with the Mug, if I had not stopp'd him. He begg'd of me not to prosecute him, but I carry'd him before Sir Richard Brocas , and there he could not deny the Matter.
Prisoner. I remember my going into the House, but I know nothing how I got out again. Upon my Word, I was very much in Liquor. They carry'd me to the Counter, there I lay all Night, and the next Morning I wonder'd where I was.
John Draper. He made no resistance when we took him: He was going away, and had neither paid for his Wine, nor his Beef-Stake.
Isaac Tilman . The Cook told me, the Man had got the Mug, in his Pocket, and that he was going off; so I stopp'd him in the Passage, and my Master coming to us, he held him, while I took it out of his Pocket.
The Cook. I dress'd the Prisoner a Beef-Stake, and he call'd for some Beer, which was brought him in the Mug; he drank up the Beer, and when I went out of the Kitchen to the Larder, I saw him (through the Window) put the Mug into his Pocket. I told the Boy, and bid him stop the Prisoner, while I ran to my young Master; he went after him, and held him in the Passage, while
Prisoner. Was not I very much in Liquor?
Cook. No, you did seem to be much in Liquor.
Ann Neveil The Prisoner liv'd with my Mother as a Servant: I have known him ten Years, he is a Vintner by Trade, and I never knew or heard that he had ever robb'd any one of a Pin. My Mother keeps Burton's Coffee-House, St. James's.
Alexander Gillender . I have known him from a Child; he was born over-against me; I always reckon'd him a very honest Boy, and I have enquired of several People, with whom he has liv'd and have heard nothing, but that he was a very honest Fellow. Guilty. Death .The Jury very earnestly recommended the Prisoner to his Majesty's Favour, and desired the Intercession of the Court, that he might be transported for seven Years .
The Goods being found upon the Prisoner, the Jury found her Guilty 10 d.
James Powel. On Tuesday Dec. 14, about one in the Morning, I happen'd to light on this Creature, ( Clare Dickenson ) and she asked me to give her a Dram? so we went to the Prisoner Insome's House; I don't know whether 'tis Insome's House or Robert Redding 's, but I had my Watch there, and there I lost it: I am sure I had it when I went in, but when I put my Hand into my Pocket to pay for the Drams, I had neither Money nor Watch.
Clare Dickenson I was the Person that went into Redding's with the Prosecutor to drink a Dram, and there he lost his Watch: I saw Insome take it, and deliver it to Redding. They said, truly they wonder'd how he could pick up such a nasty black-guard Creature as I am: But we had three Quarterns of Gin, and Insome I am same took the Watch and gave it to Redding. I told the Prosecutor so in the House, but yet they stripp'd me there, and used me so improperly, that I should have had a Midwife. Then they search'd me again, in Holborn Watch-house, and used me ill there. The Prosecutor would not mind what I said, 'till he got me to the Watch-house, and the Prisoners were glad to get us out of the House, for if we were but gone, they said they should be safe enough. They call'd me a Black-guard, and wonder'd how he could have any Thing to do with such a dirty Wretch as I am.
Q Where does Redding live?
Dickenson. Over-against St. Giles's Church; I don't know the Sign.
Insome. My Lord I did bring them their Liquor; but ask her if I sat down with them.
Dickenson. Yes; you sat down by him; you took the Watch out of his Pocket; then you took the Candle and went down Stairs, and said, you wonder'd how any body could pick up such a Black-guard, dirty Bitch as I was.
Insome. The Man brought the Creature into the House, and asked for a Lodging: I shew'd them up Stairs and carried them Liquour: When I call'd for the Reckoning, he said he had lost his Money and his Watch. I told him, he had not lost it in our House; why then says he, I have lost it in Drury-Lane; with that he fell upon his Creature and beat her sadly; Redding call'd the Watch, to take them out of the House; the Watchmen asked him who he could charge with the Robbery, and he said, he could charge no one, but Dickenson.
John Barringer . I am a Watchman, and was call'd to take this Man and Dickenson out of Redding's House. He said he had lost a Watch, and a Guinea in Gold, and Silver; but, says he, I don't value the Money, if I could but get my Watch. We search'd Dickenson, but found nothing upon her; so we carry'd her to the Round-House, and next Morning before the Justice: there she said she saw Insome take it and give it to Redding, and so we took them up. In Redding's House, he charged the Fact on Clare Dickenson only
10. John Friend , of Ickenham , was indicted for assaulting William Haydon , in a certain open Field near the King's Highway, putting him in Fear, and taking from him two Linnen Bags, value 6 d. four Pounds of Beef, value 8 d. one Quart of Peas, value 2 d and 6 d. in Money, the Property of the said Haydon, and a Wooden Bottle of spirituous Liquors, value 2 s. 6 d. the Property of Mary Owen .
Haydon. On Saturday Night last, I was met by the Prisoner coming from Uxbridge , in the first Road near the Cart Road, at a Stile. 'Twas between 6 and 7 at Night. I cry'd who's there, and knowing the Prisoner, I call'd him by his Name; but he darted his Stick at me, cut a great Gash in my Throat, and knock'd me backwards: Then he came over the Stile, and was making another Blow at me; but I slipp'd on one Side, and avoided it. He took from me all the Goods mention'd in the Indictment; so I went Home and got two Men to search after him, but they could not find him. I told my Wife how I was robb'd, and there was a great Congregation of People, who went again to his House; I tax'd him with it at his House; he was in a very great Sweat, and said (as how ) he knew nothing of it. He lives but a Mile and a half from me, and is lame of one Hand; he's the Man and no body else. I have gone in Danger of my Life on his Account before now.
Q. Did you find any of your Goods again?
Haydon. Yes, in a Dog-house of the Duke of Bolton's, about 10 or 20 Pole from the Place where I was robb'd. My Lord, he has acted very Ugly by me before now.
Q. So you think he robb'd you for robbing's sake, and out of Malice!
Haydon. I don't know what he did it for, not I.
William Wright . I am a Neighbour between the two Men: When Haydon came Home, I heard he had been robb'd by the Prisoner, so I went to him (the Prisoner) and I found him in a great Heat; I asked him how he came to be in such a sweat: He said, he always sweat very much when he walk'd. The Prosecutor, my Lord, has a very good Character, and the Prisoner a very indifferent one. 'Tis true, he is lame, but he has often made use of his lame Hand: for some Time ago he got his Bread by his Labour, but now he's kept by the Parish, because he is lame of his Hand and his Leg; he is very lame indeed, at some Times, and at others, he walks better.
Prisoner. Do you know any Thing dishonest by me?
Wright. No, I don't, but John, you have a very indifferent Character.
Another. All the Parish will give Haydon a good Character; the other, they will not.
Another. The Prisoner is a Man of a very ill Principle, and I believe he was guilty, because we never catch'd the Prosecutor in any ill demeanour. The Prisoner is often out o'Nights pretty late, and I think it looks as if he was guilty.
Defence. 'Tis easy to see, that I am a lame Man: My right Hand is lame, and my right Leg and Thigh is not bigger than my Wrist: I am past my Labour and cannot work for my Bread, so I have Assistance from the Parish, and therefore they have done this out of Spite. Acquitted .
Elizabeth Lydall , January 1 . Guilty 10 d.
15, 16, James Ryan and Hugh Macmahon , of Pancrass , were indicted for assaulting Sarah Smith , in a certain open Field, near the King's Highway, putting her in fear, and taking from her two camblet Cloaks, value 2 s. a callamanco Gown, value 5 s. a pair of Shoes, value 6 d. a linnen Apron, value 6 d a linnen Handkerchief, value 3 d the Goods of Francis Smith , and a Camblet Cloak, value 6 d. the Goods of Eunace Newman . December 8 . And
Sarah Smith I was in our Cart almost asleep; and I heard some body ask the Man that drove it, where his Master and Mistress was: They had no sooner spoke, but they pull'd the Tilt off the Cart, and said, Money they wanted, and Money they must have: My Husband said, Gentlemen, I am a poor Man; but they clapp'd a Pistol to his Head, and pull'd of my Pocket in the Cart; what Money I had, I hit down in the bottom of the Cart, but they pick'd it up; I can't swear how much it was. Then they pull'd me out of the Cart, and carry'd me into a Field, and stripped me of my Gown, three Cloaks, one of them was my Maid's ( Eunace Newman) a linnen Apron, a Handkerchief and they took my Shoes off my Feet. I cannot swear to any of the Prisoners, for they all the Time endeavoured to hide my Face, that I might not for them. I saw one of them abuse my Husband, but I cannot swear to him.
Francis Smith . We were going Home with our Cart, and four Men assaulted us; two of them got up into the Cart and robb'd us: I remember one of them, I believe, but I don't care to swear positively; one of them had a red Coat on.
Q. Was either of the Prisoners there?
Francis Smith. Yes, Ryan stood on the off Side of the Cart, and gave me several knocks as I was in it. One had a red Coat, but I can't swear to him. Ryan cry'd d - n you come down, and gave me several Blows. They took all the Money I had from me, I can't say how much that was.
Ryan. What is the meaning that you can swear to one, and not to another? - Hah! How many of us were in Company?
F. Smith. There were four of you in all.
Ryan. And pray which of the four do you know?
F. Smith. You in particular.
Ryan. With humble Submission my Lord, why should he know me in particular?
F. Smith. Because you gave me a great many ugly Knocks.
Ryan. With humble Submission my Lord, I can't tell why he should have any Notice of me.
F. Smith. Why you damn'd me, and bid me turn about, and it was you that pull'd my great Coat over my Back.
Ryan. And will you swear it?
F. Smith. Yes, I do.
Ryan. With humble Submission my Lord, inform your self about that Fellow.
F. Smith. They took nothing but our Money from us in the Cart, but they made us go into the Field, and they took my Great Coat, and my Wife's Cloaths from her in the Field, after they had plunder'd the Cart.
Ryan. Well, I suppose you know who they were.
F. Smith. I can't swear that the same Man that robb'd the Cart stripp'd us in the Field; but I can with a safe Conscience swear that Ryan was among them in the Field; they d - 'd us when they drove us up the Field and bid us go faster.
Ryan. I have no Business to ask him any Questions.
F. Smith. My great Coat was brought me from Justice De Veil's, and the Cloak which was brought from thence, my Maid will swear to.
Ryan. My Lord with humble Submission, what's the Reason he should know particular Marks of me, before three more? with humble Submission my Lord, why does he know me?
F. Smith. I know you by your Voice, your Nose, your black Hair, by your laying so violently upon me (for I was cover'd all over with Blood) I know you by your Boldness, and your strutting Manner.
Ryan. My Lord, with humble Submission, that Fellow will swear that a Cow is a Jack-ass. With humble Submission, you must understand the Evidence; I don't know what they are, not I, the Thief-takers instruct them for the sake of the Reward, - and that's every Thing.
F. Smith. He clapp'd a Pistol to my Head in the Field, and bid me lye down; then they bound us; they ty'd my Hands behind me with a strong penny Cord, and my Legs they fasten'd up to my Hands. Before they bound me, they pull'd off my Coat and Waistcoat and Shoes. I don't know the Day of the Month this was done, but my Wife does.
S. Smith. 'Twas the 8th of this last December.
Ryan. With humble Submission, he swears so much, that I don't know what to ask him.
Joseph Nash . One of them jump'd out of a Ditch and stopp'd the Cart; they turn'd the Fore-horse, and swore if I stirr'd they would shoot me as I sat on the Copses of the Cart. 'Twas that Man (Ryan) that turn'd the Horse.
Ryan. With humble Submission, inform your self what this Fellow has sworn, - and these Evidences.
Nash. I swear you abus'd my Master, and pull'd his coat off, and he, hope (help'd) to pull it off. I lost 22 d. in Money, and my Hat and my Knife. There was four of them, and they all jump'd out of the Ditch upon me.
Ryan. You swore before Justice De Viel, that I was the first Man that knock'd you down.
Terence O'Bryan . James Ryan , Hugh Macmahon , John Macdonald , Francis Dun and I, met this same Man in the High Road, between Tottenham and the quarter House, in Hampstead Road : we stopp'd his Cart, and got the Man down, and took a Shilling and some Brass, about 16 d. in all from him, as far as I can understand, that same Hugh Macmahon, and John Macdonald went into the Cloth that cover'd the Cart, stripp'd it off, and took a Pocket from the Woman; then they made the Man and the Woman come out of the Cart, they took the Man's Coat, and the Woman's Pocket; I can't justly tell whether they took any Cloaths from the Woman 'till they came to the Field; but there they took her Handkerchief, her Cloak, her Gown, her Apron, and her Shoes. There was James Ryan , Hugh Macmahon , John Macdonald at present -
Ryan. At present, - Hah!
O'Bryan. I was there in Company at present my Lord, the Handkerchief was found on Ryan, and the Gown on Ellen Coleman , that goes under the Name of Ryan's Wife. That very same Night I came into Ryan's Room, and he delivered the Cloth Coat to her to pawn; and the Gown he gave to her, I cannot justly say whether I told her the Things were stole or not.
Q. Was you there when the Things were deliver'd to Coleman?
O'Bryan. Yes, my Lord, and the same Time we all went to one Lacey's House to drink. Coleman knew it was on the same subject it was, - when she receiv'd the Things, and she knew we could come by them no other Way but by robbing on the High-way.
Macmahon. Please your Lordship, ask how long he has known me in this Country?
O'Bryan. About Three Months before he was taken up.
Macmahon. Very well: where, (with Submission) did you know me first?
O'Bryan. Not in Ireland, but in France. I became acquainted with you in this Country at London: the first Time I saw you was at Ryan's Room.
Macmahon. Very well, please the Honourable Court, he lodged over against my Room in Newtoner's-Lane; and the first Time I ever saw him was at Gravesend. The whole Court and your Lordship will all know by and by, that I will prove this Man to be a Perjury [perjur'd] before the whole Court. On what Occasion did I become acquainted with you?
O'Bryan. I was at Ryan's Room, on the same Intention, to go a robbing on the Highway.
Macmahon. Did I ask you, or did you ask me?
Ryan. My Lord, with humble Submission, - he is very capable of swearing, - pray how long have you known me?
O'Bryan. I knew Ryan in the same Regiment that I was in, about four Years ago, and about three Quarters of a Year ago, he went to get Recruits for the same Regiment. He was in Garrison with me in the French King's Service at St. Omers.
Ryan. With humble Submission, my Lord, how came he to have Access to my Room, - out and in, above any other?
Owen Griffith . I had a Warrant to apprehend Ryan and several others, for Robberies on the Highway, and Eleanor Coleman for receiving stolen Goods. Ryan was taken in Rag-Fair, in Company with others, upon him we found a Handkerchief, ('twas here produced) 'twas taken from him at Colonel Williamson's: I can't swear positively this is the very same which was then taken from him; because it was left in the Colonel's Custody all Night, but 'tis like it, and if it is the same there is the Colonel's Seal upon it.
S. Smith. This very Handkerchief they took off my Neck in the Field.
Griffith. It was left with Colonel Williamson, who is Governor of the Tower all Night, and I received it from him seal'd.
Col. Williamson. This Handkerchief was taken from Ryan in my Presence, and these Buckles were taken out of his Shoes; this Hat was took
Griffith. After the Governor had committed Ryan to Newgate, I took Coleman in Custody on a different Warrant for receiving Goods stolen; so we brought her to the Round House to be examin'd. Next Day when we came to Newgate, Colonel Deacon inform'd us, that the Cloak on Coleman's Back was the same that was taken from Smith; accordingly I went to the Round House and took it from her, and here it is.
Eunace Newman. This is my Cloak, the same I lent my Mistress.
Ryan's Defence. With humble Submission, my Lord, 'tis all false that they have sworn about the Handkerchief and the Hat, and the Governor of the Tower. Inform your self how she lost them, and who took them from her.
C. Why she says you took them from her.
Ryan. 'Tis a cursed Lie, with humble Submission; my Moan is, - shall this Woman here, (meaning Coleman) answer for this? I tell you, - I don't deny but I have been a Transgressor, but that's no Reason an innocent Person should lose her Life by the Liar and the Perjuror. I don't deny but I have been a Transgressor, and by the Grace of God I shall suffer.
Macmahon's Defence. When I came over from France, and got to Gravesend, I met this O'Bryan, he had Six Men with him, which he was carrying into the French Service. This was Two Days before Allhallontide, he went on toward France, and I came to London, with two young Fellows in my Company. There is one Garvey can justify that he lent half a Guinea in France or Flanders, about 14 or 15 Days after I parted with him, yet the Man swears I did these Things. Lord! see what difference there is in the Man's Talk. The Woman he lent the Money too, keeps the Horse-shoe and Magpye in Drury-Lane. I hope you'll look into his Manners, - why, and how he is striving to take my Life away, because I have no Friends to stand by me.
O'Bryan. I became acquainted with her in Flanders.
Coleman. Examine him over again, my Lord, pray examine him over again. I am a poor Woman, and have serv'd the Counsellors in Lincolns-Inn and Chancery-Lane, and several of the Council now in the Court with Flowers very honestly.
Ryan. What she has done was by my Order, I am her Husband: I don't know any Robbery she has committed.
Ryan and Macmahon Guilty . Death .
Coleman. Guilty . Felony.
18, 19. James Ryan , Gerrard Fitzgerald , and James Falconer , were indicted for assaulting James North in the King's Highway in the Parish of Pancras , putting him in Fear, &c. and taking from him a Cloth Great Coat, a Cloth Coat, 2 Handkerchiefs, a Pair of Breeches, and a Holland Stock, and 10 s. in Money , Nov. 7.
James North . About 7 or 8 o'Clock at Night, Nov. 7. I was going up Highgate Hill , and I was robb'd by three Men; but I cannot swear to the Prisoners; two Men came up to me, and the other stood at a Distance to look out. They rifled my Pockets, and took five Penn'orth of half Pence, and 10 s. which was in a little Silk Purse. I am not positive whether there was any Silver among the Half-pence or not. One Man had a great hoarse Voice, the other was a spare Man, a low Voice, and pale Complection; the Moon was over-cast, and it was pretty dark; so I cannot be positive to the Men; but here is the Hat which was taken on O'Bryan's Head, and which they took from me when I was robb'd. They put me into a Ditch, and took my own Cloaths, and made me put on these, which I have here in this Handkerchief.
Q. How far was the Ditch from the Place where you was first assaulted?
North. I was going to Highgate, and they took me over two great Fields, and thro' a Gateway, to the farther Corner of the second Field. My Money they took from me in the Road, and my Cloaths in the Ditch, at the farther end of the second Field. Two robbed me, and the third stood at a Distance, seemingly to keep Guard.
Ryan. With humble Submission - keep the Prosecutor in Custody. O'Bryan is instructed in all Villainy; he has had the Opportunity of it.
C. (To O'Bryan) Take care you speak nothing but the Truth, and remember you are upon your Oath to do so.
O'Bryan. The Prisoners at the Bar robbed a Man near Kentish Town. Ryan and Falconer led him cross the Road, and Fitzgerald stood at some Distance. One of them took hold of him, and the other push'd him thro'a Ditch and a Hedge, into a Field on the Right Hand going to Highgate. Ryan commanded me to stand at a Distance with Arms; I follow'd, at a Distance, and saw the Man stripp'd naked, but Ryan commanded me back, to watch the Road. I can't tell which of
North. This is the Hat I lost at that Time; 'twas taken from me in the Ditch.
Q. What Time was it when you went upon this Robbery?
O'Bryan. As near as I understand, 'twas between Eight and Nine at Night, between Kentish Town and Highgate, at the Bottom of the Hill.
Q. How many were present at the Robbery?
O Bryan. There was Ryan and Falconer first; they laid Hands on the Man first. Fitzgerald went to them, but at the present Time he stood at some Distance from them.
Ryan. My Lord, with humble Submission - look in that Fellow's Face, while he talks.
Q. Where was you when they went up to the Man?
O'Bryan. I was a little behind, and I went up to'em the same Time. They open'd his Breeches in the Road, whether they took any Money, I cannot tell; but they carry'd him thro' Hedge and Ditch, and over one Field to another, and there, in a Ditch, they chang'd Cloaths with him. Ryan, when he had done, gave me Two Shillings and Three Pence, but I had nothing of his Cloaths but the Hat. They did not tell me of the Cloaths they had given him, but they told me they had ty'd him with his own Garters.
North. They made me take my Garters off my right Leg, and they ty'd my Hands prodigious hard.
Ryan. Only compare his Affidavit now with what he produced before his Worship Justice De Veil, and the Governor of the Tower.
Fitzgerald. Ryan can clear me.
O'Bryan. I have known Fitzgerald these 12 Months
Counsel. When was you last in France?
O'Bryan. About four Months before I was taken.
Counsel. Don't you remember your telling any one, that you intended to go to France the 27th of October last?
O'Bryan. No, I don't remember any thing of it.
Counsel. Do you know one Mrs. Garvey?
Counsel. Do you know one Antony Ellis?
Counsel. Do you know one Mr. Clark?
Counsel. Do you know Francis Allen, or Elizabeth Broughton?
Counsel. Do you remember any thing of meeting Garvey's Wife in Flanders in November last?
O'Bryan. No; I do not. I heard that this same Woman kill'd a Man, and run away. Now she is come to swear falsly against me. She is a vile Woman, and keeps a House for Thieves, Highway Robbers, Pickpockets and Rogues.
Counsel. Do you remember any thing of Mrs. Garvey's being in Flanders in November last?
O'Bryan. No, I don't remember I saw her at all.
Counsel. Do you remember any thing of lending her Money in Flanders, and of receiving from her a Token to her Husband, within these two or three or four Months?
O'Bryan. No, I don't.
Counsel. Were you in Company with Fitzgerald lately?
O'Bryan. I was in one Sherlock's House, one Night, and he was sitting at one Table, and I at another; I have been drinking in the same House, but not in his Company. The same Night that the Robery was committed, I was in one Cosgrave's House, in Princes-Street; and Ryan told me there, that Fitzgerald and Falconer were to meet him behind the Duke of Bedford's House in the Fields.
Ryan. I want to know what he has to object against my Wife.
- Hear his Objections. I beg the Affidavit he made before Justice De Veil, and the Governor of the Tower, may be produced.
Mr. De Veil. This is the Examination I took, which O'Bryan sign'd after it was read over to him.
Middlesex. The Information of Terence O'Bryan, taken before me Thomas De Veil, Esq; &c. Jan. 9, 1736-7. Who being on Oath says, That James Ryan, Gerrard Fitzgerald, and James Falconer, were concerned with him in a Robbery committed a little beyond Kentish Town, about three Months ago, but says, he cannot swear to the Person, who then was robb'd.
Falconer. He says there, the Robbery was committed three Months ago, and the Prosecutor says it was on the 9th of November. He likewise told Justice De Veil, that we went together out of Ryan's House.
Q. From what Place did you go when this Robbery was committed?
O'Bryan. We came from Cosgrave's House in Princes Street, and Fitzgerald and Falconer were to meet as behind the Duke of Bedford's. I am a free Evidence; when I came in, there was nothing laid to my Charge - What Need have I to take away their Lives?
Counsel. The Prosecutor says, he saw no more than three Men, and O'Bryan swears there were four.
C. He swears that three Men went up to him, and that he stood at a Distance
Eliz Garvey . I live at the Horshoe and Magpie in Drury lane, and know O'Bryan very well; he used to frequent my House. On the 1st of November I was obliged to go away for France. Col. De Veil knows 'twas on Account of Hawkins and Brown. I left my House on the Monday, and I met O'Bryan at Arras in Flanders on Tuesday or Wednesday following; he was along with the Carravan and seeing me, he asked if I wanted Money, I told him, no; you will perhaps, says he, for you are going to a very dear Place; and he offered to lend me half a Guinea. I took it, and gave him this Pocket-Piece to give my Husband as a Token, that he was to pay him half a Guinea again; and on the 11th Day of the Month, I wrote to my Husband, and informed him, I had deliver'd O'Bryan the Pocket-Piece upon this Occasion.
Anthony Ellis . I know O'Bryan. He came from France in November last, about Nine o'Clock in the Morning; I can't swear to the Day, but I think it was about the 15th or 16th. My Master was sitting by the Fire, and he said he was very cold, being just come off the Water, and was then return'd from France. He said he had seen my Mistress on the Way, and had lent her Half a Guinea; at the same Time giving my Master the Pocket Piece. I can't say whether my Master paid him the Half Guinea again, but they had a great deal of Discourse together, more than the Half Guinea came to. He owes 3s. 6d. upon our Score now. I live at the Horshoe-and-Magpie in Drury lane.
Wm Clark . Oct. 27. O'Bryan left my House to go to France; on Nov. 16 he return'd, and paid me 8 s. in part of a Debt. I wrote this Memorandum the Day that he went away, but I cannot tell the Day of the Week.
O'Bryan. Can you tell whether I went to France or not?
Clark I know it, but from his telling me so. I know Fitzgerald very well, as far as I Know he works hard for his Bread, at labouring among the Bricklayers.
Q. (To O'Bryan) When did you last go to France?
O'Bryan. Half a Year ago I did not go in October last. I went but towards Dover, and turn'd back again.
Q. Did you meet Garvis at any Time, at Arras in Flanders.
O'Bryan. No, I did not, nor did I lend her Half a Guinea, nor do I know any Thing of the Token she speaks of; nor did I ever declare to any one, That I had been in France, and was return'd the 16th of November I hope the Court will look in their Characters.
Thomas Longbottom . When we enquired after Falconer, Barnes and I found him at the Swan in Vere Street. The House was full of Labourers, so I told him I wanted to speak with him hard by; he told me, he smelt a Snitch, and would come out for no Body
- Barnes I took Fitzgerald up for the Rescue of Casey. He has the Character of a reputed Thief and Pick Pocket at the Play-houses. When Longbottom and I were perswading him to come out of the House where we found him, he said, he smelt a Snitch and would not come out
Richard Eustace . On Tuesday last I was at the Golden Lyon-by Hicks-Hall; there was Mr. Keate, and Mr. Bignal, and the Keeper of New Prison; and O'Bryan, was there in Custody of the Clerk of the Papers of Tothill fields Bridewell. I spake to O'Bryan, and he said, he believed he knew me in Flanders. I asked him, if he remember'd his meeting between Arras and Bethune in Flanders Yes, says he, and I lent her Half a Guinea, and she gave me a Piece of Silver to return her Husband, but it was a long Time before November.
O'Bryan. Here is the Keeper of New Prison; ask him if he heard any such Discourse: -
'Tis all false.
Barnes. Among all these People that have sworn, there's not one but what are Irish. All Guilty . Death .
James Ryan , Garret Farrel , and Hugh Macmahon , were indicted for assaulting Edmund Rowbottom , in a certain Field near the King's Highway, putting him in fear, and taking from a Hat, value 2 s a Peruke, value 2 s. a Cloth Coat, value 5 s. a Cloth Waistcoat value 5 s. a holland Shirt, value 6 s a Pair of Stockings, value 2 s. a Pair of Buckles, value 1 s a Pair of Shoes, value 18 d. Pair of Buckskin Breeches, value 10 s. and 3 s 6 d. in Money Nov. 20 . [The Witnesses were examin'd apart.]
Edward Rowbottom I can't say the Prisoners are the Men; but on the 26th of November, between and eight, I was robb'd in the Field, beyond the Half-way-House going to Hampstead . They took my Hat and Wig, my Coat, Waistcoat, Breeches, Shirt, Shoes, Stockings, and Buckles. Afterwards they bound my Hands behind me, and my left Leg up to my Hands then they ty'd a Handkerchief over my Mouth, and rolled me into a Ditch; they took my Money 3 s. 6 d. as well as my Cloaths, and that was all Sir.
Q. How many was there of them?
Rowbottom. There was three of them, two led me down the Field, and the third followed me. 'Twas a little Moon-light, but they kept an old Hat over my Face, that I should not see them. Two of them were much of a Size, and one was a little taller.
Ryan. With humble Submission, - these Thief-catchers have instructed him too, in all Villanies.
Terence O'Bryan . Ryan, Farrel, Macmahon, and one Macdonal, went out with Intention to rob on the Highway: We went above the Half-way-House into the Foot-Road. We heard a Man coming up the Path, so Ryan, Farrel, and I went up to him, and brought him down to the Bottom of the Field, farthest from the Road; we took 3 s. 6 d. from him, - half a Crown and two Six-pences This was beyond Mother Redcap's, just at the Back of Kentish Town. When we had got him into the Field, Ryan bid him deliver his Money; then he commanded Farrel and I to bring him to the Ditch. The Man - I don't know who he was, but he told us he was but a poor Servant ; he made no resistance, so we took from him his Hat, Wig, Coat, Waistcoat, Shirt, Breeches, Stockings, Shoes and Buckles. The Stockings were found upon Ryan, which the Man has sworn to.
Q. What did you do next?
O Bryan. We bound him with a Penny Cord, and turn'd him into the Ditch; both his Hands were ty'd behind him and one of his Legs. Ryan, Farrel and I, were with the Man when he was bound; the others stood in the High Road.
Ryan. With what intent did they stand there
O'Bryan. For fear any enterprize should come upon us: When we had done, Macmahon and Macdonald came up to us and join'd us.
Ryan. Observe how often he convinces ( contradict ) his own Story.
O Bryan. The Man's Cloaths were brought the same Night to Ryan's Room, and his Wife pawn'd them.
Ryan. Let his Informations before Col. De-Viel, and the Governor of the Tower be produc'd then we'll stand in our own Defence. I don't alledge in my own Behalf in the least. I have trangress'd; but 'tis a Sin and a Shame the Oath of a Villain should be taken.
Owen Griffith . When I was before Col. Williamson O Bryan told me that Ryan had the Stockings on his Legs, and the Buckles in his Shoes, which they took from Rowbottom. I went to Ryan in Newgate and took them off his Legs, here they are.
Rowbottom. These are the Stockings and Buckles they took from me.
Griffith. I bought him another Pair, and took them off.
Ryan. I pull'd them off, - I was obliged to pull them off, as I might be my Shirt, when these Fellows swear so.
Col. Williamson. This is O'Bryan's Information; it was read over to him, and he Sign'd it before me.
Who saith, That he, with James Ryan , Hugh Macmahon , Garret Farrel , and John Macdonald , were out about a Month since, upon the Road to Hampstead, and that particularly, the latter End of last Month they robb'd a Man who appears to be Benjamin Short , stripping him and tying him in the Manner he deposed, on the Trial of Gilbert Fruer , and for which Fact at the Old-Bailey the said Fruer was condemned. And he farther saith, the said Fruer was not concerned in the said Robbery, nor doth he know him. He farther saith, that among the Things taken, were a Knife, and a Pair of Buckles, both which were produced by O'Bryan, and sworn by Short to be the Buckles and Knife taken from him. He says that Macdonald was not assisting in this Robbery, but was within Call, if his assistance should be wanted. He farther faith, that James Ryan about two Months ago, robb'd a single Man on the Road between Highgate
Col. Williamson. He made several Depositions, some Robberies he forgot, and he recollected them by piece meal; they came out one after another. Here is another Information. - Terence O'Bryan farther deposeth, that Garret Farrel was concerned in a Robbery at Hampstead, by robbing, stripping, and binding a Man; the said Farrel is a tall, lusty Fellow, full Face, black Hair, wears a red Coat, and is about 28 Years of Age. He farther says, that Dun and Lacey were concerned in the above Robbery, and all the rest, and likewise in enlisting Men for the Service of the French King.
Farrel. I can bring a Woman to prove that I was elsewhere at the same Time, doing Work for honest Victuals. - Pray from whence did we descend to do this Robbery.
O'Bryan From one Dive's House four of us went; there were two more than I have mentioned, and they are Lacey and Dun. I don't know the Prosecutor Rowbottom, but at the Robbery the 26th of November, there was Ryan, Farrel, Macmahon, and Macdonald, and my self, and one Lacey, who is gone to France, and that is the Reason he is not mark'd. Lacey went out with us, but he staid a little behind in the Road, waiting till we came back. Dives is a Soldier in the Guards, and keeps a Cook's Shop in Newtoners-Lane. Farrel I have known this 12 Months, he came over to recruit for the King of France.
Farrel. I serve his Majesty, - God bless him, and that Rogue says, I serve the King of France.
Ryan. With humble Submission, - this Rogue when he was apprehended, - but I can't rightly tell it you, - he had two Coats of other People's on his Back.
Col. Williamson. O'Bryan was taken by the Custom-house Officers, on Tower-Hill, on Suspicion of having a Parcel of Tea. This I had from Colonel Deacon, who came to me, and said he had committed a Man the Day before, to the Gaol of the Tower Liberty, on Suspicion of being a naughty Person, for he had found a Pocket Pistol upon him, and he desir'd my Assistance to examine him. There appear'd nothing against him but his having two Coats and a loaded Pistol, made us suspect him to be a naughty Fellow. I threaten'd to commit him, and in an Advertisement to describe him, and the two Coats which were found upon him, if he would not discover his Accomplices He said he was innocent, and would make no Discovery, so we made his Mittimus, but as he was going down Stairs, he desired to be brought back again; then he told us, we had no Proof of any Thing against him, but however he would become a frank Evidence for the King, and then he declared all these Things. I found he had been a Soldier in the French King's Service.
Farrel. There is nothing against me but this Man, and upon my Shoul, he would hang all the Court for the Sake of the Reward.
Eliz Dorrel. Farrel came to live at my House the first of November, - the first of October I mean, and he liv'd there till the Time he was taken up, which was the 23d of December. He us'd all the while he abided in my House to go out betimes in a Morning with his Knot and Basket to Market; he always came Home about 10 or 11 o'Clock in the Forenoon, and never stirr'd out an Hour till the next Morning; he never stirr'd out of the House from the first of October to the 23d of December, after he return'd in a Morning from Market.
Q. Pray, if he never in all this Time stirr'd out, neither in the Afternoons nor in the Evenings, how did he spend his Time?
Dorrel. In cleaning the Knives, or fetching me Water, or playing with the Children. He has never been from the Door in any Evening all this Time.
Q. On the 15th of November, where was he then?
Dorrel. At Home, as I am on my Oath, and the Virtue of it, I don't swear he was never out of the House, - I have no Occasion to suspect (inspect) into Days of the Month, but I am sure he was never out of the House to my Knowledge; 'tis true I have been out my self sometimes; but I have left him to take Care of the House.
Q. What Day of the Week was the 26th of November?
Dorrel. 'Twas Sunday if I can tell. No, I don't know the Day of the Week.
Q. Did you see him on the 26th of November?
Dorrel. I can't say - but on the Virtue of my Oath, I never miss'd him out the 26th nor the 25th. He was never out of my House; and as for the Man that has sworn against him, he never was in his Company in his Life.
Jane O'Callan . I us'd to open the Door to him every Morning when he went out to Market; when he came from Market, he would be in the House all the Week; on Sundays he us'd to go out a Shoe blacking. Upon my Life, he us'd always to be at Home, I can't say (no) more. All Guilty . Death .
21, Ann Gulliforth , of St. Luke Middlesex , was indicted for stealing a Child's Callamanco Stay, value 12 d. a Cotton Frock, value 12 d. the Goods of Ann Amber , and a Bible, value 6 d. the Goods of Joseph Bird , December 2 Guilty 10 d
22, Anthony Underwood , ( a little Boy ) was indicted for stealing a Pair of worsted Stockings, value 4 s the Goods of Richard Manning , Dec. 24 . He was a second Time indicted for stealing a Pair of Worsted Stockings, value 2 s the Goods of Richard Manning, Dec 20 Guilty on both Indictments 10 d.
23, 24, James Moulding , and George Gew , of St Leonard Shoreditch were indicted for stealing a Sack, value 5 s 6 d. and a Pig, value 4 s. 6 d. the Goods of John Scot , Dec. 23 . in his Stable . Both Guilty of Felony only .
* See Sessions Book, 1736, Page 50.
29, Robert Brown , of Kensington , was indicted for stealing a Pair of Leather Breeches, value 5 s. a Handkerchief, value 6 d. one Guinea, and 20 s and 6 d in Monies number'd, the Property of Charles Bray , in the Dwelling-House of John Franklyn , Dec 11 . Guilty 39 s.
31, Francis Stevenson , of St. Michael Bread-street, was indicted for stealing a Tortoise-shell Tobacco-Box, rimm'd with Silver, value 20 s. from the Person of Bourcher Dorrel , December 31 . Guilty 10 d.
33, 34, 35, John Warwick , of St. Clement Danes , Victualler , Christopher Baws , of St. George's Middlesex , Cordwainer , and John Wills , of London Brandy-man , were indicted for a Misdemeanor, in contriving and conspiring falsly to charge John Drinkwater with a Felony and Robbery on the Highway , April 16, in the 8th Year of his Majesty's Reign .
The Counsel for the Prosecution having open'd the Charge, they proceeded to call their Witnesses
John Drinkwater I liv'd six Months with Warwick; he kept the Swan in Sheer Lane, 'twas a very disorderly House, for there was scarce a Night pass'd, but Gentlemens Pockets were pick'd, and he always had a share of the Money. He invited me to come and live with him, telling me the Profits of his House would maintain me; but I did not think myself safe there, and would have come away sooner, but I was afraid of being sworn into a Goal. On the 3d, of April, 1735, I apprehended the Prisoner Wills, and one Curtis and Pritchard, and Pye and Williams, for being all concern'd in stealing my Watch. Warwick ordered me my Watch again, but he immediately enter'd an Action against me for 40 l. and I was arrested and carried to Wood street Compter directly: Then to prevent my Wife from assisting me, he arrested her in a Poultry Compter Action, at somebody's suit, - but she'd give an Account of that. Soon after I was lodged in Wood street Compter, I was detain'd by Virtue of a Warrant of Detainer, from Sir Richard Hopkins , on Oath of the Prisoner Baws, - I have a Copy of it here, somewhere. After this I had notice, that Warwick had withdrawn his Action for Debt, and that I must remove to Chelmsford Jail in Essex; the Keeper of the Compter told me this on the 21st, of April: They call'd me up betimes in the Morning, and said they had got a Habeas Corpus, to carry me to Chelmsford Jail: I asked them who brought it; they told me one Mr. Ray. Upon this, I set out for Chelmsford, and one John Clark , who was concern'd with the Prisoners in the Conspiracy, came on Horse-back to the Compter-Gate to attend me.
Mary Powel , who is in Jayl on a Charge of Perjury.
Counsel. Was you acquitted or not at the Assizes?
Drinkwater. No body appear'd against me at the Assizes; but I was mov'd from Chelmsford to Hartford Jayl, by one Campbel, who calls himself an Attorney
Counsel. Did you ever hear them declare what they would do?
Drinkwater. When I was discharged, I came up to London, and had a long Fit of Sickness; and after I had preferr'd a Bill against Wills, and he was taken up, Warwick came into a Publick House and threaten'd me -
C. They are indicted for conspiring to charge you with robbing Baws, - speak to that.
Drinkwater. When I apprehended Baws, I asked him, how he could do such a cruel Thing? He said, he had never seen me in his Life, but he had heard of, and was privy to, the Conspiracy; and, says he, I did not swear it my self, - they got some body to personate me; and he inform'd me, that they threaten'd him, if he would not swear against me, they would swear against him. Since that they have often apply'd to me to make the Matter up, (tho' not in Person,) but I always shunn'd them, - I always avoided them.
Counsel Def. Where had you this Discourse with Baws?
Drinkwater. At one Mrs. Best's in Sheer-Lane. There was one Mr Wills present, at that Time, but he is attending the Society for Reformation of Manners at Bow Church.
Warwick. I ask if he did not send me Letters from Chelmsford?
Drinkwater. If I did, produce them: I did send him some Letters, to ask him how he could be so cruel, and to desire him to discharge my Wife; but never to ask him to come to me.
Warwick. Was there any Company present when I talk'd to you in Chelmsford Jayl about discharging you?
Drinkwater. No; every one, but your Company was put out of the room; there was none but you, and Wills, and I.
Counsel Def. I would not willingly ask you any Questions, to draw you into Difficulties, - but consider, you are upon your Oath. - Have you never threaten'd to put others into this Indictment?
Drinkwater. No, Sir; none but what were concern'd.
Counsel Def. Have you never receiv'd Money from others, to prevent their being charg'd?
Drinkwater. Never, one Farthing
Drinkwater. Not for two Guineas, nor any such Sum. I was spoke to, by several People, who have offer'd me divers Sums
Drinkwater. Never in my Life.
Counsel Def. Did not you take Money from her?
Drinkwater. I never saw a Farthing of her Money; nor did I ever send any body to Wills. Morris and Atkins has spoke to me, but I never spoke to them first. Sir Richard Brocas 's Clerk has asked me about it, but I said, I would never agree with any of them.
Counsel Def. Did not you threaten to put others into this Conspiracy?
Drinkwater. No, not in this; but that in Hartfordshire I have.
Counsel Def. Have not you declared you would hang him if you could?
Drinkwater. I never mention'd his Name, or any such Subject.
Counsel Def. Have you never said you would hang any of the Defendants?
Counsel Def. Did you never threaten to put Lydia Clark into this Conspiracy?
Drinkwater. No, never in my Life.
Warwick. He was on the Back of the Bill when Sayer indicted me for two Robberies in September last, and before that Trial he declared that he would hang me if he could; if he could not hang me, he would transport me, or keep me in Jayl for Life.
Drinkwater. I never said I would do it: I thought you would come to it.
Eliz Sayer . I know Wills and Warwick - Baws I know as far as the Action he was concern'd in. I kept a House in St. Clement's Church Yard 19 Years, and alter'd my Business, from a Joyner, Shop, to a Coffee-house. Warwick lodged in my House four Months. On the 3d of April, 1735, John Wills , John Clark , and Thomas Pritchard , came to Warwick in the Morning; I shew'd them into the Room where he lay, he had been drunk the Day before, so was a-bed. They told him they had got Drinkwater's Watch; he got up in the Bed, and call'd upon God to d - mn him, and told them they must keep it, and must keep him poor. Afterwards I heard that Drinkwater had got a Warrant for the four Men, who came together to Warwick, and he told them he had arrested Drinkwater in an Action of 40 l. I asked him how he could do such a Thing? and he said he could get People enough to swear it. After he (Drinkwater) was arrested for Debt, there was one Tibbalds the younger, informed Warwick, that Drinkwater was making an Information against him, for Robberies which had been committed in his House, and upon that Account, they all contriv'd to get him out of the Way. After many Consultations, (at which Warwick, Wills, Clark, Pritchard, Curtis, Joyce, and Williams, were all present,) Joyce brought the Prisoner Baws to them, and told them, there was the Man that would do it: I heard every thing upon this terrible Occasion. The Substance of the Discourse was to get a Robbery sworn against Drinkwater. Pritchard was not in their Company when Baws was first brought in, but all the rest of them were; and Warwick asked Baws, whether he would undertake to swear a Robbery against Drinkwater; Baws said, Yes, he would: Then they asked him how much Money he must have; he said, they must give him 20 s. Whether it was Warwick or some of the Company that ask'd the Question, I cannot remember, but it was some of the Company. They ask'd him next, where he would swear the Robbery was committed, - the whole Affair seem'd to me to be left to Warwick's Management, - Baws told them he chose to swear it somewhere about Ham in Essex, because he was best acquainted with that Part of the Country; they asked him what he would swear he lost, he told them he would swear to his Hat, Wig, a Gold Ring, and under 20 s. for, says he, if I swear to too much, they will not believe me, because I am poor in Apparel, and they will know I have not much Money to lose. At the Time they made this Agreement with Baws, there was seven of them in Company, and they collected 3 s a-piece; Warwick, Wills, Clark, Williams, Joyce, and Curtis laid down 3s. each, and Pritchard being absent, they laid down 3s. for him. I said it was a sad Thing to hang a Man wrongfully, and Warwick said, G - d D - n him it was no Sin, for if they did not hang him, he would them all. When they had agreed thus far, Baws and Joyce went down to Justice Newton, to get a Warrant of Detainer against Drinkwater, but Justice Newton would have nothing to do with them: then they went to Sir Richard Hopkins , and there they got it, and brought it to Warwick, he was then in Bed, but he got up and said, now G - d D - n him this will hang him. I never slept in my Bed 'till I made Oath of this, before the Lord Chief Justice Ayres, in June following, and I went down to Chelmsford at my own Expence to appear for Drinkwater upon his Trial, but no Body appearing against him, Campbel the Lawyer came down, and (as I heard afterwards) carried him to Hertford Goal.
Counc. Pros. Then they never pretended that he was guilty.
Sayer. No, they said they must do it to save their own Lives. They talked to Baws about his Cloaths, and told him when he went to the Assizes he should be better rigg'd, and should be well drest: There was six of them in Company, and they paid 3 s. each, round the Table, and one of them laid down 3s. for Pritchard; the odd Shilling he was to have to buy him a Dinner.
Q. After they had got the Warrant of Detainer, what happen'd next?
Sayer. When they had got the Warrant to detain him, Baws said, I don't know the Man, it will be very proper I should have a Sight of the Man I am to swear against. Warwick describ'd
Counc. Pros. Pray what is Warwick?
Warwick. I was an old - Acquaintance - of hers, she and I cohabited together as Man and Wife. You'll please to take Notice that all this which she swears was done in Middlesex, and we are now indicted in London.
Counc. I remember a Trial in this Court some Time ago; this Woman tried Warwick for a Felony, with relation to the Goods in that House in St. Clements Church Yard.
Counc. Warwick was indicted for stealing her Goods, but it came out, that they liv'd together as Man and Wife, so it prov'd to be no Felony.
Sayer. It was my Misfortune to let him a Lodging in my House. -
Counc. Def You have told a very long Story, Madam; and you have an excellent Memory. Can you tell whether any Body talk'd about the Money but Baws and Warwick?
Sayer All the Persons I have nam'd were present, and they all join'd for the Money in my one Pair of Stairs Room, in St. Clements Churchyard.
Counc.Def. That is in Middlesex.
Sayer. I believe it is.
Catherine Drinkwater . When my Husband was arrested in Warwick's sham Action, Joyce told me if I assisted him, I should be arrested before the Week was out, and accordingly I was arrested at the Suit of Lydia Goodwin alias Clark, and just before the Assizes, they sent me to Newgate. Warwick said they must confine me, that my Husband might be starv'd in Goal; and in the Officers House he told me, if I would sign a Bond, and oblige my self not to assist my Husband, the Plaintiffs should discharge me. Wills was by at the same Time, they were both drinking Punch at Mr. Lepards in Wharton-Court, Holborn, on this side the Bars, nearer London then Middlesex. He told me I might thank my Black-guard Husband for my being arrested. I was then big with Child, and had not an Hour to go, when they hurry'd me to Newgate, and there I was brought to bed. Their Intent was to distress my Husband in Jayl, in order to bring him to sign Releases, that they might not be prosecured for what they had done.
Warwick. Ask her what's her Way of Life, and her Husband's?
C. Drinkwater. My Husband is a Sadler by Trade; and since he came out of Jayl, he has been supported by Friends. I lay 9 Months, and he 12 Months in Jayl.
Warwick. Ask her if she is not a common Prostitute?
Counc. Pros. And pray what are we to ask you?
Mr. North. On Monday April 16. 1735, when Drinkwater was in the Compter, one Christopher Baws came before Sir Richard Hopkins ; I can't swear positively it was the Prisoner, - I have been looking at him, and it was such a sort of a Man, but I can't swear positively to him at this distance of Time, nor can I say positively whether his Information was taken in Writing; I think it was not, but I have these Memorandums which I took from the Book. The Party accused was in Custody in the Compter, and he not being brought before Sir Richard, was the Occasion I believe of it's not being taken in Writing.
Counc. Def If there was an Information taken in Writing, that only must be read.
Counc. Pros. If there was an Information, 'tis now out of the Way; and shall we not read there Minutes which are the Ground and Substance of what was then sworn, and out of which, if there was an Information, that Information was fram'd? Mr. North, I think is a competent Witness, and we are in the common, usual Course of Evidence.
Mr. North. Baws swore before Sir Richard Hopkins , that Drinkwater had robb'd him, - I forget the Place, but 'twas somewhere in Essex, of his Hat, Wig, a gold Ring, and 13 s. in Money, these are the Words in my Memorandum. Upon this there was a Warrant of Detainer granted, and Baws enter'd into a Recognizance of 40 l to prosecute him next Assizes. I never saw Baws till that Time; Drinkwater came to me 3 or 4 Months ago, and asked me if I could recollect any Thing of this Transaction, and I described the Prisoners Person to him, and I think he answers the Description.
London. To the Keeper of Woodstreet Compter.
Detain in your Custody the Body of John Drinkwater, charged before me, on Oath of Christopher Baws, for assaulting him on the Highway in the County of Essex, and taking from him a Hat, a Wig, a gold Ring, and 13 s. in Money and him keep in safe Custody, 'till he shall be discharged by due Course of Law: given under my Hand and Seal, April 16, 1735. Richard Hopkins .
Smith. Drinkwater was brought to us the 3 d or 4th of April, and the Action was discharged two or three Days after the Detainer came. He did not stay long with us, before the Habeas Corpus came, by which he was carry'd to. Essex. Mr. Ray brought it to me, and by Virtue of that, I carry'd him to Chelmsford. Warwick and Wills I met at Stratford; I thought they were coming towards London.
Drinkwater. Did not they both go some Miles with us hallowing on the Road?
Smith. No, neither of them. I don't know that they went a Yard out of the Way. Drinkwater lives upon the Reversion of a Woman; he is a common Sharper, and his Wife is a common Strumpet about the Streets. I should give no Credit to him; but should be asham'd of being seen in his Company.
Wm Ray . About a Year and a half ago, I was sent for to Wills's House in Fet er-Lane, and was desired to bring a Habeas Corpus for John Drinkwater. There was Warwick, Wills, Joyce, and others present. This was in Fetter-lane, London. Baws was not there at that Time, but they told me, he was the Prosecutor. I said I would bring an Habeas, if the Prosecutor would give it under his Hand; he did so, and that's the Man at the Bar. This is the Paper he sign'd before me.
Christopher - Baws his Mark. Witness, John Wills . I do hereby authorize you to bring an Habeas Corpus for John Drinkwater, for robbing me on the King's Highway in the County of Essex, and for which I have charged him on a Warrant of Detainer in Wood-street Compter. For your so doing this shall be your sufficient Warrant.
Ray. I wanted to know who was to be at the Expence; and as far as I could apprehend, they all joyn'd. There was six of them in all; Warwick, Wills, Joyce, Meads, and two or three more. This was in London.
Richard Broomhall . Drinkwater became a Prisoner at Warwick's Suit for 40 l. I went with Smith and Drinkwater to Chelmsford, and Clark was with us. I saw Warwick and Wills on the Road. I cut Drinkwater a Stick, to get his Horse along, to defend himself with.
Counsel. What is the Character of the Prosecutor!
Broomball. Why truly, they are pretty much alike, I know'em all, and I look on the Characters of one to be as bad as the other.
Ann Thorp . Warwick came to me one Day, and asked me if I would be something toward moving Drinkwater into the Country, he wanted me to be a Guinea, and at last 10 s. toward the Charge; but I refused to contribute.
Warwick. This Woman was committed with Kate Buck , who was transported some Time ago, and she keeps a common Bawdy-House in Red-Lyon Court. One of her Husbands was my Follower my Lord. The Prosecutor has got me fix'd already in Newgate for Recognizances at the Suit of the King.
John Clark . Drinkwater wanted me to swear against the Prisoners, but I told him I knew nothing of this Matter, then he threatned to have me in Goal, and knowing him to be a dangerous Fellow, I took a Release from him and gave him half a Guinea.
Wilkinson. This is John Clark's Release from Drinkwater; he was afraid of being call'd to account for Drinkwater's being sent to Chelmsford, so Mr. Francis said he would endeavour to get him a Release. Clark said he knew they had been at 80 l. Charge in pursuing Drinkwater, and knew more than any other of the Conspiracy; so I wrote to Drinkwater and he gave him a Release on Consideration he should give Evidence against the Prisoners in a generous Manner. I know of no Money given on this Occasion, only Mr. Francis gave me a Guinea and half to supersede his Wife out of Prison; whence it came I don't know. I don't believe Drinkwater had any Money given him.
John Clark. Drinkwater said to me, that if Wills would give him a Guinea or two, he should not be try'd. He is a dangerous Man, and his Wife is a common Strumpet.
Margaret Boucher . Last Saturday I met Drinkwater in the Old Bailey; how do you do says he; never the better for you says I, because you have robb'd me of so much; so says he, because you have not sworn against Warwick and Wills, I will swear against you; and some time ago, I heard
Drinkwater. That Man's a Smuggler: He was in Jayl for assaulting the King's Officers.
Joseph Cook . I know Sayer, but upon my Life I don't know any thing of her Character; only Warwick and she liv'd together as Man and Wife. I have heard Warwick say, he knew no more of this Matter than the Pope of Rome.
Drinkwater The Characters of all these People, if you'll enquire into them, are as bad as, or worse than, that they give me. This Man has some particular Friends of his at Kennington-Common
Q. Who're they?
Drinkwater Some Friends hanging in Chains,
Counsel Pros. Have you never heard Wills had a bad Character?
Roberts. Yes, just now, - heard! yes. I can't say as to hearing. - I am a Weaver at Norton Folgate.
Counsel. Did you know Wills when Alderman Parsons was Mayor? Did you hear no ill of him then? Did not you hear that he was then call'd down to this Place?
Counsel. Tis strange you should not hear of it, when 'twas so publick.
For Baws no one appear'd.
- Jones. I know when I was Constable, - that was in Alderman Parson's Mayoralty, they were all of them very bad People.
Drinkwater I never conversed with Margaret Boucher since March last When I liv'd with Warwick she was one of his Women: she has been try'd in this Court for several Felonies, and is now a common Street Walker
C Why, truly I think we are in very bad Company on both Sides. All Guilty .
36, Thomas Lowther , of St. Butolph, Aldgate , was indicted for stealing a Moidore, the Property of Richard Long , the Elder , a Peruke, value 5 s. and a Pair of Grey Serge Breeches , value 12 d the Goods of Richard Long , the younger , Dec. 28 Guilty 10 d.
William Weaving I can only say I lost the Plates the 5th of Jan when I was out upon the Inquest, and I swear to them.
A Witness. I went into the Yard, and saw the Prisoner there; I asked her what Business she had there, she said she only wanted to make a little Water, but I saw the Plates in her Apron, and she rattled them down in the Dust Tub, which stood in the Yard; she had brought them about 6 or 7 Yards from the Place where they stood! This was between 12 and 1 o'Clock.
Defence. I have nothing to say, - I never ow'd that Witness any ill Will, nor did she ever see me in the Yard: I had been out to buy some Bone to mend my old Stays, and wanting to make Water, I stepp'd up the Yard, and there I was charg'd with stealing those Plates. She has ow'd me a Grudge, for more than 12 Months. Acquitted .
Mary Ward . I live at Lady Wroth's at Golden-Hill . When I went to Bed at Night, I made all the Doors and Windows fast; but in the Morning when I came down, I found a Door open; being surpriz'd, I call'd a Neighbour and went over the House, and found two of the Chints
Judith Gentry Confirm'd the above Evidence.
Mary Ward. I saw the Goods in the Room the Day before. There was one Quilt cover'd the Bed, and another was doubled up and lay upon that, and covered that.
Mrs. Theodorick. The Prisoner brought me two Bed Curtains, and a Quilt last Summer, and offer'd them to sell.
Prisoner. O Lord! Let her look at me, - swear her again my Lord, - swear her again.
Theodorick. I agreed with her for three Guineas which she took, and told me they were a Gentlewoman's who was ill and was reduced. They were snipp'd and torn at the Top, but that she said was done by the Rats. These are the very Things.
Prisoner. O Lord! Lord! I never saw these Thing, 'till this Moment.
Theodorick. I believe these to be the same, but they have been piec'd and made up again; there was not this Lining in them, and they are thus much lengthen'd, - here they seemed to be gnaw'd.
Prisoner. She must be a good one, to buy such Things of a Stranger.
Theodorick. She told me they had lain by a great while, and the Rats had gnaw'd them, but now the Lady would sell them, for she wanted Money.
Prisoner. A Lady - and want Money, - O Lord! - a fine Lady!
Robert Theodorick . These Things were advertised; so when I saw the Advertisement, I went to Mr. Sly's, at the Blue Boar in Whitechappel, and took a Friend with me, who happen'd to be in the Shop when my Wife bought the Goods, but this Man is now in Yorkshire . I told Mr. Sly, that my Spouse had happen'd to buy these Things; he desired me to send for them; which I did, and he Paid me the three Guineas my Love had paid for them, and treated us with two bottles of Wine. I promised him to bring the Prisoner as soon as I could light of her, and accordingly I carry'd her to him and she could not disown the Goods, neither at Mr. Sly's, nor before the Justice. She made many Protestations that she bought them in Rag-Fair, but she could not say who she bought them of. I know nothing at all of the Prisoner, nor do I know that ever I had seen her before
Prisoner. Swear him, whether they ever mention'd Quilt and Curtains to me, before I was carry'd to the Justice?
Theodorick. No, I believe they were not mention'd till then.
Prisoner. She buys of 40 People in a Day, my Lord.
Mrs. Theodorick. Yes, I believe I do; and I have bought Things of her once or twice before.
Prisoner. Yes, Shirts and Shifts, and Gowns and Petticoats; we carry our Goods in our Arms publickly. These things are of a great Bulk; did any of her Neighbours see her buy them of me?
Theodorick. No, There was only one Man in the Shop, and he is in the Country. I take the Prisoner to be the Person that sold them to me: I swear that I believe her to be the Person.
Prisoner. The most Money I ever took of her, was 15 s. for Shirts and Shifts - These Things are beyond my Match to buy.
Mrs. Wroth. These Things are mine; I miss'd them the 11th of May. Since I recover'd them again, I have new lin'd them, and made them up. They are Chints, and not to be match'd.
Prisoner. I cry old Cloaths, and I buy honestly. I never saw these Things before, - Swear them again, swear them, my Lord.
40, 41, Elizabeth Dryberry , and Rebecca Slater , of St. Clement Danes , were indicted for privately stealing two pewter buttons, value 2 d. a Portugal Piece of Gold, value 3 l. 12 s a Moidore, and 1 s. in Money, from the Person of Wm. Whitehead , Jan. 15 .
Wm. Whitehead. About 12 o'Clock last Night, I met that little one (Slater) at Temple-Bar; she asked me to give her a Glass of Wine; I told her, my Pocket would not afford it; then says she, you may give me some Beer. So we went to the Coach and Horses at Temple-bar , and had 3 Pints of Beer. The other Prisoner, and another Woman that is run away, wanted me to go into a Back Room, and I went with them, and there we had another Full Pot; then the biggest of the Prisoners (Dryberry) stood before me, and the others on each Side of me, and pick'd my Pocket, of a Three Pound Twelve Piece, a Moidore and
Dryberry. Was I near you when you miss'd your Money?
Whitehead. Yes; you stood before me, and pull'd up your Coats: 'Twas you that desired me to go into the Back Room.
Dryberry. I was drinking a pint of Beer, and the Man and this Slater came in together, and we drank together; but when I would go home, he started up and said, he had lost his Money; I said, I had not wrong'd him, but he call'd the Watch, tho' I saw none of his Money, nor do I know the Man.
Slater. He asked me to drink a pint of Beer, and then charg'd us with robbing him. Both Acquitted .
42. Anne Smith was indicted for stealing two pair of Linnen Sheets, value 13 s. a silver Spoon value 18 d a Table-cloth, value 18 d. and other Things, the Goods of Samuel Ansel , in her Lodging , Nov 4 Acquitted .
44, Ann Hill , was indicted for that Charles Lowder , John Lowder , and Gerrard Pell , having stolen 20 Yards of striped Cotton, value 30 s. and 4 Yards of Cotton Check, value 12 s. the Goods of Margaret Goddard , Oct. 7 . She the said Hill did receive the same knowing them to be stole . Acquitted .
46, John Bourn , otherwise of Hanwell, Middlesex , was indicted for stealing 4 Gridirons, value 4 s. 3 Iron Hinges, value 6 d. an Iron Trevit, value 6 d. 3 Iron Racks, value 6 d 2 Pokers, value 12 d. and other Things, the Goods of Elizabeth-Whittle in her Shop . Guilty 4 s. 10 d.
47, Grace Patrick , of St. Clements Danes , was indicted for stealing 2 Pewter Plates, value 2 s. 2 Diaper Clouts, value 1 s. a Mantle, value 2 s. a Piece of Cambrick, value 1 s. the Goods of John Steed , Nov. 25 . Guilty 10 d.
50, Richard Lucas , of St. Mary Whitechappel , was indicted for breaking and entering the house of William Milbourn , and stealing 7 Pewter Plates value 3 s 6 d and 12 Biscuits, value 3 d. Dec 14 . Acquitted of the Burglary, Guilty, Felony .
51, John Allen , of Christ-Church. Middlesex , was indicted, for that Samuel Broughton , on the 16 of Sept about the Hour of 12 at Night, having stolen 6 yards of Cloth, val. 21 s. the Goods of Jacob Chitty , then fix'd on certain Racks and Tenters; he the said Allen afterwards, viz. on the 17 of Sept . 3 yards, parcel of the said Cloth did receive, knowing it to be stole.
Mr. Satchwell In September last I was robb'd of six Yards of Cloth, the Property of Mr. Chitty Samuel Broughton was taken up for another robbery, and he informed Mr Davis, that the Prisoner Allen had three Yards of this Cloth I went to him, and he told me he had no such Thing. I told him I must search his House; and when he found I had a search Warrant, he sent his Man to search for it, and he brought us these three Yards of Cloth. Here it is, and this is the other Part from whence it was cut; 'tis rough, and is not yet manufactur'd.
Councel. Did not Mr. Allen say, he was not at Home when it was pledged at his House?
Satchwell. He said his Man took it in, and blam'd him for it. I asked him why he did not advertise it; and he made no answer at all.
C. You say he blam'd his Man for taking it in; on what Account did he blame him?
Satchwell. He said the Goods were not manufactur'd, and any body might see they had been stole.
Councel. Was his Man by, at this Time?
Satchwell. Yes, and he own'd he took it in.
Councel. I would ask you whether Mr. Allen was not bound over to prosecute the Principal Felon.
Satchwell. Yes, he was.
Counsel. Did you prefer this Bill, before, or after his being bound over to prosecute?
Satchwell. Afterwards I did, and I went with a Warrant to take him up, once or twice myself, and I sent several People to ask for him; but I was told he had secreted himself; he might have taken his Trial last Sessions.
- Barnes, Constable. I know nothing of these Goods, but I believe Mr Allen to be a very honest Man. There was a Watch lost some Time ago; and 'twas pawn'd with him; I had, (upon Enquiry) such a Character of him, that I only asked him about it, and he immediately deliver'd it to me.
Mrs. Vane. I was robb'd some Time ago by a Servant; and I went to Mr. Allen's and enquir'd after my Goods, he desir'd me to call again in 2 or 3 Hours; I did, and he deliver'd me all the Things, without any Trouble.
Thomas Bullmore . Last August I lost a Watch, and was inform'd it was pawn'd at Mr. Allen's: I got Barnes the Constable to go with me with 2 Search Warrant to his House, but the Justice told me he was so worthy an honest Man, that we should have no need of using the Warrant; he has in his Neighbourhood a universal good Character.
Michael Allcock . I liv'd with Mr. Allen at this Time, and I took in these 3 Yards of Cloth, my Master being out. I had liv'd there not half a Year, and was never in the Business before. Broughton brought it, I did not know him, nor did I ever see him before.
Coun. Did you acquaint your Master with the Receipt of this Cloth.
Allcock. No, upon my Oath, when Mr. Satchwell and Davis came to enquire after it, that was the first Time he knew any Thing of it. It had not been in the House above a Month. We book the Things that are receiv'd, but my Master seldom looks over the Goods that are pledg'd, 'twould be an endless Trouble to do that. I took Broughton to be a Dyers Servant, and told him, 'twas not well of him to use another's Goods, but he told me the Cloth was his own, and was sent him out of the Country. When Mr. Satchwell came to ask for it, my Master asked me if I knew of any such Thing; I said yes, and by his Order, I went up and fetch'd it.
Satchwell. When I enquired after the Cloth, the Man said nothing of his remembering it, but went up Stairs and brought it down. ( Here the Record of Broughton's Conv ction was read )
Counsel. We shall shew this is most inveterate Malice. When the principal Felon was taken up, Mr. Allen was desired to enter into a Recognizance to prosecute; he did so, and by this Indictment the Recognizance is forfeited.
Mr. Mawson. Headborough. I went with Satchwell to search Mr. Allen's House. When we enquired for the Cloth, he hesitated a little, and asked his Man about it; he bid him go up and see if there was any such Thing, and he brought it down to us; but Mr. Allen reproved him for taking it in. Acquitted .
The Trials being ended, the Court proceeded to give Judgement as follows:
To be Transported, 29.
William Hubbard , Joseph Atkins , Robert Sanders , Martha Robinson , Daniel Dowgard , John Hutchinson , Joseph Lillyman , Philip Vaughan , William Philips , Mary Aldridge , Ann Gullisforth , Anthony Underwood , James Moulden , George Gew , George Ellis , Christopher Stranbridge , Robert Brown , Francis Stevenson , John Cooper , John Lowther , Elenor Coleman , Evan Jones , William Bullbrook , William Gough , John Bone , Grace Patrick , Benjamin Sherwood , John Miller , Richard Lucus .
John Warwick , John Wills , and Christopher Baws , to suffer two Years Imprisonment, to be set twice on the Pillory, once at the Royal Exchange, and once at Fetter lane End in Fleet-street; each of them to find Sureties for the Peace for three Years; themselves to enter into Recognizances of 200 l. and their Sureties 100 l. each.