Wednesday the 16th, Thursday the 17th, Friday the 18th, and Saturday the 19th of February, 1736, in the 11th Year of his MAJESTY'S Reign.
Being the Third 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 Page, the Hon. Mr. Justice Fortescue Aland , and the Hon. Mr. Baron Fortescue , 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.
3. Daniel Soames , was indicted for stealing a China Punch-bowl, value 5 s. a Picture with cut Work, value 12 d. two Copper Sauce-pans, value 3 s. a small Looking-glass, value 18 d. a Box-iron, value 18 d. a Silk Handkerchief, value 2 s. a Pair of Stockings, value 18 d. and a Silver Watch, value 30 s. the Goods of William Lawrence , in his Dwelling-house , December 16 . Acquitted .
4, 5. Henry Dodson and Henry Carter , of St. Anne's, Westminster , were indicted, for that they not having the Fear of God before their Eyes, &c. on the 14th Day of January , upon William Whitesides did make an Assault; and that Henry Dodson , on a certain Pavement of Stones, did cast and throw down the said Whitesides, and by such casting and throwing down, he, the said Whitesides, did receive a mortal Wound and Bruise, which fractured his Skull, of which mortal Wound and Bruise, the said Whitesides did languish, and languishingly lived from the said 14th of January, to the 17th of the same Month, and then died; and Henry Carter , at the Time of committing this Felony, was present, aiding and comforting the said Dodson in the said Murder .
They were a second Time indicted on the Coroner's Inquest for feloniously staying the said Whitesides.
Mr. How. January 14, about three or four in the Afternoon, I sent George Hart , (who was my Apprentice) to the Barber's with my Wig, and hearing a Hubbub, I opened my Window, and saw the Prisoner Carter beating him; I came down Stairs, and told the Deceased, (who was likewise my Servant ) that somebody was beating the Boy; I ran to Carter, and asked him, why he beat my Apprentice; he would have run away,
Q. Did you see Dodson throw the Deceased down?
How. When Carter took to his Heels, I cry'd out, Stop him, - and the Deceased ran after him; as he passed Dodson he gave him a Hunch, which turned him quite round, and I saw him falling, but did not see him come to the Ground. I saw him (Dodson) put out his Foot and trip up his Heels; 'twas done in a Trice.
Richard Cajor . On Friday Afternoon, between three and four o'Clock (I don't remember the Day of the Month) I heard a Bustle in the Court, - 'twas in Sidney's Court, by Leicester-Fields , - I was coming through the Court, and saw the Prisoner Carter beating George Hart. Mr. How (Hart's Master) came up, and asked Carter why he beat his Apprentice; he seized him, and told him he should go before Mr. Deveil, but he not being at Home, Mr. How brought the Prisoner Carter back, and as they came up the Court, he desired not to be held, and said he would walk very civilly; but when Mr. How let him loose, away he ran, and Whitesides the Deceased ran after him; but passing by Dodson, he gave him a Jostle as he ran, which turned him quite round, and he fell down backwards with his Head upon the Pavestones; I helped to take him up, he was stunn'd with the Fall, and his Head was very bloody. This happened on Friday, and on Sunday Night following I went to see the Deceased, and was to have sat up with him the next Night, but he died on Monday Morning.
How. He was in very good Health when I called him out on this Occasion, and was a sober, sedate, good Servant, as any Man could have; he never spoke but once to a young Man after he had received this Hurt.
John Hulet . I saw the Deceased immediately after the Fall; the Blood ran down from the back Part of his Head, and he sighed and sweat extreamly, and was in an Agony with the Pain; after we had lifted him out of the Kennel, he desired we would let him sit still a little, and in about four or five Minutes he walked Home.
Philip Newton . As Mr. How was bringing the Prisoner Carter through the Court, he desired he might walk without being held, and in two or three Minutes he ran away; the Deceased ran after him, and as he ran, the other Prisoner gave him a Jostle, which threw him down; I can't be sure whether he jostled him down or tripped him up, but he was the Occasion of his Falling.
John Ormered , Surgeon. I was called to the Deceased, I found his Skull fractured and a Concussion upon the Brain, he languished till Monday and then died. I performed the Operation of the Trepan, and after his Death I took off the Top of the Skull. The Fall was the Occasion of his Death.
I live with Mr. Leeson, and Carter is my Fellow Servant . Mr. How's Apprentice was coming along with a Whig upon his Hand, and Carter struck it in his Face, upon that the Apprentice struck him, so the Fray began. Mr. How came and hauled Carter about, and he desired he might be let go, and when he was at Liberty he ran away, I ran after him, and the Deceased ran between me and a Bulk, and so threw himself down.
I happened to touch the Wig with my Hand as I went along, and the Boy flew upon me and struck me.
The Jury acquitted the Prisoners, and on the Coroner's Inquisition found the Deceased's Death Accidental .
John Morris , of St. Paul's, Covent-Garden , was indicted for stealing Eleven Pair of Worsted Stockings, value 40 s. the Goods of John Willson , in his Shop , January 19 . Guilty 4 s. 10 d.
11, 12. James Stanley , was indicted for stealing a Pair of Worsted Stockings, value 3 s. the Goods of Thomas Plucknet , Jan 24 . And Margaret Fox , for receiving the same knowing them to be stole . Guilty 10 d.
16. Joseph Shaw , of the Precinct of St. Catherine , was indicted for assaulting Paul Cross on the King's Highway, putting him in Fear, &c. and taking from him a Knife, value 3d. and Five Shillings and Two-pence in Money , July 11, 1734 .
Paul Cross . This (here) Man pretended to be my Friend; about ten or eleven o'Clock at Night, in the Year 1734, I was coming from Mr. Beal's, a Gardiner, in Ratcliffe-Highway , and he and another would see me Home to my Father's in Kent Street Road; they pretended they would see me safe Home, and just within a Stone's Cast of East-Smithfield , the Prisoner shoved me down, and took a Knive and Five Shillings and Two-pence from me; it was over-against a Distiller's Shop. He said nothing at all to me, but only took my Money from me, and then he went away and left me.
Q. Was it Light or Dark when this was done?
Cross. 'Twas Dark.
Q. When did you see him first after this Fact was committed?
Cross. About a Quarter of a Year afterwards I saw him in Barnaby-street, and as I was speaking to him, and was going to discover my Mind to him, he ran away, and I never saw him since, 'till I saw him in Newgate
Q. Did you ever see the Knife afterwards?
Cross. No, never.
Q. You say it was dark when you was robb'd, consider - How was it possible for you to know him again?
Cross. It was dark when he did this; but I saw him that Day at Mr. Beal's, between two and three o'Clock in the Afternoon, and he was gathering Cucumbers: He had made an End of his Work, and pretending to be my Friend, would conduct me home, and so he robb'd me.
Prisoner. I never saw the Prosecutor in my Life, as I know of. Pray where did I work?
Cross. At Mr. Beal's a Gardiner in Ratcliff Highway.
Prisoner. Does not your Father go by some other Name?
Prisoner. Paul! - O I know him by his Name Paul, very well. He came into Mr. Beal's when I work'd there; but I never saw him before, nor since. I did not know him till he said his Name was Paul, I declare. He was fuddled that Night, and would go down into a sad Place where I never was before; there were three or four Women there with him, and I left him there, because I did not chuse their Company. Acquitted .
19. Mary Jackson , of St. Giles's Cripplegate , was indicted for stealing a Muslin Apron, value 3 s. the Goods of Elizabeth Pain ; and a Holland Shirt, a lac'd Mob and three Slips of Cambrick, the Goods of Thomas Stibbs , Jan. 8 . Acquitted .
20. Thomas Maynard , of St. George's Middlesex , was indicted for the Murder of Mary Chandler , by giving her a mortal Wound on the Neck, under the left Jaw, of the Length of two Inches, and the Depth of four Inches, of which she instantly died , Jan. 21 .
It appearing that the Prisoner was lunatick , and that he had not spoke for many Months past, he was order'd back to Newgate 'till he should be otherwise be disposed of.
He was a second Time indicted (on the Statute for Stabbing) for that he not having God before his Eyes, &c. on Jan 20. on Charles Dubois, did make an Assault, and in the Fury of his Mind, &c. with a certain Bayonet, &c. the said Charles on the Breast, below the Collar Bone did stab; he the said Charles not having any Weapon, &c. and giving the said Charles one mortal Wound, &c. (as above) of which he languish'd from the said 20th to the 21st of January, at which Time of the same Wound he died.
He was a third Time indicted by Virtue of the Coroner's Inquest for the said Murder.
John Sturgeon . The Deceased was my Fellow Watchman . The Night this Murder was committed, I was upon the Watch with him, and as I was giving the Hour of Twelve, I heard some body coming along, so I turn'd my self about, and cry'd, - who comes there? The Prisoner, - (I am almost sure, is the same Person) he had a Cask upon his Back, and a Woman was with him. I asked him, what he had got there? Damn thee (says he) what's that to thee? He pass'd over to the other Side of the Way, and I call'd out to the Deceased; he asked me what was the Matter; no Harm, says I, in the Name of God. When he came up to me, no Words in Anger pass'd, for I told the Prisoner, tho' he damn'd me, I would not damn him: But when the Deceased came to my Assistance, the Woman fell back from the Prisoner, and I went after her about 6 or 7 Paces; while I was pursuing her, my Partner cry'd out, - O Lord, Watch! Watch! the Rogue has stabb'd me! I caught hold of the Woman, and told her I would secure her till we found the Prisoner; and as I was carrying her to the Watch-house, I heard some body tripping after me, and turning round to see who follow'd me, the Prisoner stabb'd me in the Arm - I wish I was as sure of the Kingdom of Heaven, as I am that the Prisoner is the Man.
Q. Did you or the Deceased give any Provocation?
Sturgeon. No; there was not a'miss (an amiss) Word came out of our Mouths, nor any Provocation given, excepting, that we desired to know what he had upon his Back, at that Time of Night.
Q. Did you see any Blow given by the Deceased?
Sturgeon. No; the Deceased was not a quarrelsome Man; I never heard any Harm of him in my Life; I look'd upon him to be a careful good Watchman.
Prisoner. Please to let me send for Witnesses, to prove where I was all that Night. I was upon Guard all that Night.
C. That's an old Story, indeed.
Mary Dubois . I am the Deceased's Widow. On his Death-bed he declared, that as he was assisting this Watchman, he was stabbed by a Soldier with his Bayonet. He lived from Thursday Morning to Friday Night; and before he dy'd, he declar'd the Prisoner had murder'd him.
Edward Edmunds , Surgeon. I was called up about half an Hour after One, to dress the Deceased's Wound: I did not then imagine it was mortal; but next Morning, about Nine, I found it was. After his Death, I open'd the Body, and found the left Lobe of the Lungs was penetrated; this occasion'd a great Effusion of Blood, and was the Cause of his Death.
Defence. I was on Guard that Night, and this Man here is my Corporal: I wanted to go home, so I satisfy'd him, that I would come again upon Duty, about 10 or 11. When I had been at home some Time, I told my Wife I must return to my Duty, but I promis'd her, if I could get off, I would come home to Bed. She went down to the Guard-Room with me; but the Corporal not being there, we went to King-Street to look for him; and not 20 Yards from King-Street, a Man with a Pole, struck me down; we fell to fighting, and another Man with a Lanthorn struck me; but the Mob parted us, and I went about my Business, to the Fountain in King-Street, and there I drank 3 or 4 Pints of Beer with one Lamb, who work'd with me at my Trade of Shoe-mending: I told him I had been fighting, and we went together to a Night-Cellar, and staid there till 4 o'Clock in the Morning. I have no Witnesses here, but my Lawyer told me this Paper would satisfy the Court 'till To-morrow.
Edward Groom . The Prisoner is my Fellow Soldier. I did not see him upon Guard that Night after 10 or 11 o'Clock. I met him about 4 in the Morning in King-Street, but he had no Barrel on his Shoulders then: His Nose was bloody, and he had received a Blow between his Eyes: He said he had been fighting, but did not say with whom. I went with him to a Cellar at Charing-Cross, and there he swore, if it had not been for his Bayonet, he should have been murder'd
The Corporal. The Prisoner belongs to the same Company with me: About 11 o'Clock at Night he came to the Guard-Room, and after that I saw him not, 'till almost 4, at the upper end of King-Street. He drew his Bayonet, and told me, if it had not been for that, something would have attended him; and his Wife smil'd and said, Aye, so it would.
Mary Brown . I lodged in the Prisoner's House in Church-lane. On Jan. 14 he and his Wife went out at Night about Ten, and I did not hear him come home that Night. Next Morning, about Eight, I went into their Room, and asked them what Time they came home; they told me, between 3 and 4. I look'd upon him, and saw a Cut cross his Nose: I asked him how it came; he said, he was set upon by two Watchmen, and they were so resticall, that he was obliged to draw his Bayonet, and play away with it.
A Woman. I lodged at the Prisoner's House; I am no Relation of his, - no, nothing at all: When the Prisoner was taken up, he deliver'd the Key of the House to me. Well, - this Mrs. Brown, she did say, she could do for this Man, without he would procure her some Money; but what she meant I cannot tell. I went to Newgate to him, and told him what she did say. Well, - that is not all that I do know, he did say and make Answer, that this Woman did know nothing of him, and he was not afraid. Well, - this Woman she did go to Newgate, and she did say to him, with a Proviso he would produce Money, she would do for him; and he did say and make Answer, his Substance was gone, and a Bed to lye upon in Newgate, would signify nothing to him. That's all I do know. Guilty . Death .
22. Jeffery Morat, otherwise Murat , (a Negro) of St. George's Hanover-square , was indicted for breaking and entering the House of Peregrine Bertie , Esq ; commonly call'd Marquis of Lindsey, about the Hour of two in the Night, and stealing thence 2 Pair of Silver Breast Buckles, value 20 s. and 2 Guineas in Money, the Property of the said Peregrine Bertie , &c. Feb 1 .
He was a second Time indicted for assaulting Hannah Emberton , in the Dwelling-house of Peregrine Bertie , Esq; commonly call'd Marquis of Lindsey, putting her in Fear, and taking from her a Stuff and Silk Pocket, value 2d. a Silver Thimble, value 6 d. a Corkscrew, value 6 d. and Three-pence Half-penny in Money . Feb. 2.
He was a third Time indicted for feloniously breaking and entering the said House, with an Intent, the said Hannah Emberton to kill and murder , against the Peace of our Lord the King, &c. Feb 1.
The Counsel for the King having open'd the Charge, the Witnesses were call'd.
Simon Perry . I have the Honour to attend the Lord Carpenter, as his Clerk, and was present when the Prisoner's Examination was taken before him: It was read to him; he own'd it was true, and he set his Mark to it, and I saw my Lord Carpenter sign it. This is the Confession of the Prisoner.
'' Who confesseth, that he is a Servant to his '' Grace the Duke of Manchester; that meeting '' the Day before with one Thomas a Shooe-Boy, '' before Five in the Evening, they continued together '' till Two in the Morning; that they '' agreed to break open the House of the Marquis '' of Lindsey; and that they got over the Garden '' Wall, opened a back Window, and unbolted '' the Shutters. That they got in and lay conceal'd '' in the said House till Morning; then '' they went up Stairs and open'd a Beaufet, and '' stole from thence 2 Pair of Silver Buckles; '' and in the Library, out of another Beaufet, '' they stole 2 Guineas. That afterwards they '' went down into the Kitchen, to take the '' Cloaths of Hannah Emberton, a Servant in the '' said House: But hearing her come in about '' 7 o'Clock, this Examinant hid himself, and '' afterwards knocked the said Hannah down with '' an Iron Poker; then he took a Penknife, (which '' he owns to be the same) and endeavoured to '' cut her Throat, and gave her several Wounds; '' that he attempted to make his Escape up the '' Chimney; but before this, he took out of her '' Pocket Three-pence Half-penny.
Hannah Emberton appeared, in a very weak Condition, and gave the following Evidence.
I have known the Prisoner these five Years; he was the Dutchess of Manchester's Black. When I went in that Morning, and saw a Door broke, I was frighted; but seeing the Study Door bolted, I thought to my self, Thank God they have got no further; and came out of the Room with a little more Courage; tho' I was no got into the
Q. What Time of the Morning was it when he first attacked you?
Mrs. Emberton. To the best of my Knowledge it was about eight or nine that he began with me, but he was butchering about me two Hours. When I had got in the Parlour, I broke one of the Squares in the Sash, and held out my bloody Hand and my bloody Hair. When I saw the People gathered about the Window, I broke down the Blind, and got out at the Window, and there I sat; he certainly thought I was dead. I had only a Silver Thimble and some Half-pence in my Pocket.
Q. Did you see any Body in the House but the Prisoner?
Mrs. Emberton. No, nobody besides himself.
Thomas Roberts . Last Thursday was a Fortnight, I was going to Mr. Jennings, who lives next Door to the Marquis of Lindsey, and just as I was going to knock at the Door, I heard the Sash break; I looked to see what was the Matter, and saw the Gentlewoman's Bloody Hand, and she cry'd, Murder! By that Time I was got up to the House, she had opened the Sash and was going to tumble herself out of the Window; I prevented her, and by the Help of some Chair-Men and their Poles, I got in at the Window and opened the Door. I could perceive where she had been abused upon the Ground, and at a little Distance from the Place, there lay an Iron Poker broke in Half, and the Penknife. We searched the House for the Prisoner, and we could not find him; but in about an Hour and a half afterwards we found him in one of the Chimnies; we flung Brickbats in at the Tops, and they did not fall through one of them, so we searched that Chimney, but he got out of that into another, and at last we smoaked him down with Straw; then we searched him, and took the Buckles, the Thimble, and some Half-pence from him; I think it was Three-pence Half-penny. My Lord Carpenter was sent for to examine him, but I did not stay to hear the Examination.
Richard Wild , Chimney-Sweeper. I was standing at a Door in Grosvenor-Square, and the Gentlefolks called me in to search the Chimnies, I sent my Boys up, but they could not find him; at last in a little Room at the Back of the Kitchen I found him in that Chimney, and I smoaked him down with straw, which we set on Fire at the Bottom; when he came down the People surrounded him that I could not see him, but I know him very well, and am sure that is the Man. Guilty on all the Indictments . Death .
23. Mary Shrewsbury otherwise Threwsbury , was indicted for the Murder of her Male Bastard Child, by giving it a mortal Wound with a Knife in the Throat, of the Length of four Inches and the Depth of two Inches, of which it instantly died , Feb. 4 .
She was a second Time indicted by Vertue of the Coroner's Inquest for the said Murder.
Mr. Bay. This Accident happened in Moorfields on Friday 7-night last, Application was made to me on Suspicion of a Murder. I being Overseer of the Poor, went to the House, and the People told me the Child was put down the Vault. I put a Guard in the House that Night, and the next Morning I brought a skillful Mid-wife; we went up Stairs, and the poor Creature the Prisoner, was sitting upright in her Bed, with a Book in her Hand, and the Tears ran plentifully down her Face. There were five or six People in the Room, I asked them if they had searched the Room, they said they had; then I went down and searched the Vault, but I found no more than what is common in such Cases.
Q. Were there any Marks of Violence on the Child?
Mr. Boy. Only the Head cut about half off.
Ann Palmer , Midwife. The Parish Officer sent for me to examine the Prisoner; I found she had been delivered of a Child; when I enquired what she had done with it, she would make no direct Answer, but sat up in her Bed crying, with a Book in her Hand. I could get nothing out of her, but only, that what this Eliz. Bell had done, was by her Orders. I ask'd her what Bell had done; She would not tell me, but only desired I would be favourable, and Bell being gone away, I could not perswade her to tell me where she might be found. At last we found this Bell, and upon her Examination, she said she had put nothing down the Vault but the After-birth; for says she, the Child she threw down there herself. I went to the Prisoner again, and told her that Bell had inform'd us, that she (the Prisoner) had put the Child into the Vault: She own'd she did so, and beg'd I would be favourable in my Information, telling me, it was dead when she put it down. Well, says I, I hope you have not havock'd it; no, she said, she had not. Then the Vault was raked, and nothing found, but the After-burthen: Still she insisted upon it, that her Child was there; upon which it was quite empty'd, but no Child was found. I knew there must have been one born, so I search'd again, with the Beadle and other Women, and I took her out of Bed in a Blanket, and search'd the Bed, behind the Bed I found some Rags stain'd, &c. &c. - at the Feet of the Bed, I found a Box with more Rags in the same Condition: I shook them all out, but found no Child: In another Box I saw something that put me upon enquiring, what she had been doing in it: She told me, she had only put some Cloaths in it. At last we search'd the Closet, and in a Nook which ran into the Chimney, behind a small Trunk, we found it, sew'd up in a Cloth; when I pull'd it out of the Hole, the Prisoner swoon'd away. When she recover'd, I asked her several Questions, - how she could cut her Child's Throat so barbarously, and how she could in her present Condition have Strength to sew it up? She said the Devil had given her Strength, and not God. The Lord have Mercy upon you, says I, and so I left her.
Q. Was the Child's Throat cut very much?
Palmer It could not be cut worse, unless it's Head had been cut quite off.
A Witness. This Bell was the Prisoner's Land-lady, and seeing her come down with a Mop and a Pail from the Prisoner's Room, I asked her what was the Matter; she told me that Mary, (the Prisoner) was not well. I went up, and knock'd at her Door, and she told me, the Key was under the Door; I open'd it and went in, and I ask'd her what she ail'd: I saw Spots of Blood upon the Floor, and I enquir'd how they came there; she said, she was as Women are, when they are disorder'd, but, says she, my Landlady Bell is coming to wipe them up In the Closet I saw a Pan full of Cloths, not very fit to be seen; - what's all this Mary, says I? God bless you, says she, don't say any Thing, I have miscarry'd and was three Months gone. I told her I was sorry for that, but however, I made her some hot Watergruel, and carry'd it to her in Bed, and left her to eat it. When I was got down Stairs, I endeavoured to settle my self to my Work, but I was very uneasy in my Mind, and (to make short of my Story) I could not rest 'till I had made some farther Enquiry. I ask'd her where she had put the Miscarriage, she told me that Bell had put it down the Vault. The Vault was search'd, but it was not there. It was found at last in a Nook, that went into the Chimney: I was present when 'twas pull'd out, and according to my Judgement 'twas at it's full Growth.
Midwife. 'Twas at it's full Growth; it had Hair and Nails perfect, and was a larger Child than is common.
Eliz Bell . I came home that Night about 10 o'Clock, and seeing a great deal of Blood upon the Floor, I asked the Prisoner how it came there; she said, don't be frighted, I have mis-carried, she desir'd me to tell no Body, and beg'd I would carry down the Pot. I got her some hot Ale, and then I went to Bed.
C. You have behav'd very ill in this Affair, and you deserve to be severely reprimanded. You saw all the Symptoms of the Woman's being deliver'd, and instead of making a Discovery, you ran out of the Way. Your Proceeding was very
Prisoner. It was dark when I was deliver'd, and the Child was dead. Guilty . Death .
Eliz. Elly. On the 26th of October, between 7 and 8 at Night, I went into a Shop over-against the Danes Church in Rag-Fair , for a Halt-penny Candle, and a half-pen'orth of Small Beer. The Prisoner stood in the Shop, and see me take 2 s. 5 d. in Change of a Half-Crown. There was two Fellows in Company with him, but I did not observe them to come near me: The Prisoner follow'd me out of the Shop, with a Trowel in his Hand, and he knock'd me down, and then struck me with his Trowel; one of my Fingers was so chopp'd, that I was obliged to go into the Hospital, and have it cut off. When he had me down, he took away the 2 s. 5 d. I am positive the Prisoner is the Man, for I observ'd him in the Shop, with his Trowel, and there was a Lamp just by the Place where he attack'd me.
Q. How came the Prisoner to be taken?
Elly. I was coming by a Watch-house and saw him: I knew him, and challeng'd him directly.
George Holderness . I was drinking at the Standard in Rag-Fair, and one Harris told me he had receiv'd Information concerning three Men, who had been robbing on the Highway: At his Request I went with him to search for them, at a House where Thieves are entertain'd, by Well-street; there we found the Prisoner, and three other Fellows.
Q. How came you to suspect the Prisoner?
Holderness. Mr. Harris was directed there, and one of the Men made himself an Evidence against the rest. The Prisoner struggled when we took him, and fought, and would not go along, but after a few Blows were exchang'd, we got him to the Justice's, and the other Man informing against the Prisoner for House-breaking, he was committed to Newgate. When we had got him to Jail, he desired me to call upon him, after I had lodged the Evidence in New Prison: I did so, and he begg'd I would desire Justice Farmer to permit him to be an Evidence, for says he, I can hang five Men, and can knock down the other Evidence, because he has not put all the Robberies in his Information, that I was concern'd in: I committed a Robbery says he, between Rag-Fair and the Tripe-house, and he has mentioned nothing of that.
James Warrener . To prevent Harris's appearing against the Prisoner, they have got a Woman to swear the Peace against him, and have taken him into Custody. The Prisoner was brought before Justice Farmer the 27th of Jan. I am his Clerk. This is an Information (producing a Paper) against the Prisoner for breaking open a House in Ratcliffs Highway. He confess'd he robb'd this Woman, and he fell down upon his Knees and ask'd her Pardon: he own'd he robb'd her, and chopp'd off her Finger with his Trowel, and he produc'd the Trowel at the same Time: The Woman knew him again, and this is the Trowel, I can swear to it.
Prisoner. She told her Landlady, that she fell down and cut her Finger with the Pitcher: All these People swear only for the sake of the Reward. Guilty . Death .
25. John Watson , of Stepney , was indicted for breaking and entering the House of Robert Cook , on the 5th of Feb . about 4 in the Afternoon, no one being then in the House, and stealing a Silver Tankard, value 4l. 2 Silver Spoons, value 18 s. Six Tea Spoons, value 12 s. 2 Silver Salts, value 18 s. a Silver Snuff-box, value 4s. a Silver Dram Cup, value 3 s. a Gold Ring, value 5 s. a pair of Silver Knee Buckles, value 6 s. 2 Lancets, value 2s. and 2 Knives, value 12 d. The Goods of the said Cook .
Robert Cook . I went out about 2 o'Clock in the Afternoon, to buy some Meat of Mr. Neal at Wapping, and left my House safe, both Windows and Doors were fast: When I came Home, I found my House broke open; suspecting the Prisoner, I pursu'd him directly, and I found him in a Goldsmith's House, and all the Goods upon him. This was on Saturday before last, the same Night that he commited the Fact.
Q. How came you to find out the Goldsmith?
Cook. I had been pursuing the Prisoner, and not finding him, was returning Home; but I was stopp'd, and told that the Gentleman (the Gold-smith) had sent for me, and that he had stopp'd my Man with the Goods upon him. I live at Blackwall , and the Prisoner was my Apprentice ; he was bound to me, no longer ago than last Wednesday was a Month.
Q. When was it? - What Day of the Month?
Walker. It was the Saturday before last, about 6 o'Clock in the Evening, he came into my Shop
The Prisoner had nothing to say in his Defence. Guilty . Death .
Charles Orchard , was a second Time indicted for breaking and entering the House of Philip Lermit , and stealing a Fustian Coat, a Fustian Waistcoat, three Frize Coats, three Frize Jackets, sixteen Yards of Frize, five Yards and a half of German Serge, and nine Yards of Flannel Baize, in the Night-Time , January 10 . Acquitted .
26, 27. Samuel Goodman , was indicted for assaulting Maynard Gearing , Esq ; on the King's Highway, putting him in Fear, &c. and taking from him a Gold Watch, value 13 l a Chrystal Seal set in Gold, value 13 s. 6 d. a Ruby Seal set in Gold, value 21 s. and twelve Guineas and a half in Money , Oct. 28 . And
Mr. Gearing. On Thursday the 28th of Oct. I was coming Home about half an Hour past 9, and on the East Side of Soho Square , I was stopped by two Fellows, one of them seized me by the Collar, and the other stood on my left Side, they bid me make no Noise but deliver. I had two Purses in my Pocket, one of them was given me the Day before, and I had a Value for it, they took that from me, but as they were going off, I called to one of them (whom I am informed was Bob the Glazier) to return it me again; he stopped to give it me; upon this his Companion, whom I take to be the Prisoner, cry'd; Damn him, - stab him, then they both run away. I pursued them a little Way, but finding it dark and dirty I gave over, flattering myself that my Watch was safe, but it was gone. I can't swear to the Prisoner's Face, but from the Size of the Man and his outward Appearance, I verily believe him to be the same. I never had any of my Goods again.
Margaret Ryley . I live in James-street, Covent-Garden, at an Alehouse; I remember that the Prisoner and Bob the Glazier, was at the House that Night, and had no Money, but they went out and returned again about eleven o'Clock, and called for two Pots of Beer and Ale; I drank with them, and they asked me to pawn the Watch; I told them I did not know where to pawn it, so he and Bob the Glazier pawn'd it at one Bob Fields at Cow-Cross, and afterwards the two Prisoners redeemed it, and they both went over to Holland to dispose of it. Last Sunday I met the Prisoner Goodman in Short's-Garden, and he asked me to drink, telling me he could have lived like a Man in Holland, if he had not carried the Woman-Prisoner with him. He said he got fourteen Guineas for the Watch in Holland, and by his own Description of the Gentleman he took it from, I knew the Prosecutor to be the Person that was robbed, as soon as I saw him.
Sam Goodman. I know nothing at all of the Matter, I don't upon my Word, my Lord, I know that Margaret Riley , she is a common Whore, and lives in common Bawdy-houses. I happen'd, 'tis true, to be in Trouble with Sutton, who was cast here for his Life, and I was taken up with him before, and when he return'd from Transportation, I went to Holland. I intended to have gone Cooper's Mate in the Lethieulier an India Ship, but the Ship had got all it's Hands aboard.
A Witness. (The Prisoner's Brother.) The Prisoner is a Cooper by Trade and worked with me. I deal in Cyder and Dorchester Beer; he kept Company with Sutton, and when Sutton returned from Transportation I got rid of him as fast as I could, and he got himself a Ship and went over to Holland, for as he was taken up for a Robbery with Sutton before, so now they take him up whenever they please.
Prisoner's Brother. I deal for some Thousand Pounds a Year in Cyder and Dorchester Beer. I paid all this Money to the King this very Morning: - Please to look at these Papers.
C. You may deal for a great deal of Money, and be never the honester at last.
Prisoner Goodman. I shall call some Persons to my good Character now.
C. Aye! and perhaps they'll be such Persons as stand by you.
A Woman. I have known him six or seven Years.
C. And does he live with you, or do you live with him,
C. That may be, and he never the better.
Witness. But he has been backward and forward in the House, and I have something of Value about me, yet he never wronged me.
A Justice of the Peace. The Prisoner Goodman has been an Evidence in this very Court. I committed him with Beezly and Sutton; he was try'd with Sutton, when Sutton was convicted. I know him to be a very vile Fellow.
Margaret Riley . I never saw the Prosecutor, 'till I came to Mr. De Veil's; and the Minute I came in, I said, - this is the Gentleman, by Goodman's and Bob the Glasier's Description. They told me he was a very little Gentleman, and had vastly much the Look of a Jew. They told me, after they had robb'd him in Soho square, they were afraid he would have follow'd them; and that they watch'd him into his own House. Goodman was the first that attack'd him; he gave Bob the Glasier the Gentleman's Purse, and Bob stole out some of the Guineas unknown to Goodman, and put in some Shillings instead of them. Goodman found out the Trick, and resolved to redeem the Watch unknown to Bob: So meeting with the Prisoner Bess, away they went with it to Holland together. Both Acquitted .
28. David Fossey , was indicted for stealing a Gold Ring, with 2 Diamonds, value 18 s. two Gold Rings, value 12 s a Silver Snuff Box with a Stone Lid, value 10 s and other Things , the Goods of William Norman , Feb. 6 . Guilty 4 s. and 10 d.
30. James Brady , was indicted for stealing a Cloth Coat, value 5 s. the Goods of George Thornborough . A Cloth Coat, value 10 s. a Buckskin Pair of Breeches, value 8 s. a Fustian Frock, value 7 s. two Shirts, value 8 s. and several other Things, the Property of John Manlove , Jan. 11 . Guilty 4 s. 10 d.
32. John Pardieu , was indicted for stealing two Silver Cups, value 6l. a Gun, value 30 s. 4 Silver Soop Spoons, value 20 s. a Silver Fork, value 20 s a Silk Scarf, value 12 d. a Silk Apron, value 12 d. a Linnen Gown, value 10 s. 11 Pair of Linnen Sheets, value 24 s. 4 Pair of Breeches value 6 s. 15 Linnen Shirts, value 8 l. 20 linnen Shirts, value 20 l. 12 Silver Buttons, value 12 s. and many other Goods, the Property of Philip Olivier , Sept. 22 . in his Dwelling-house . Acquitted .
35, 36. Philip Dwyer , and Bryan Macgrass , were indicted for feloniously procuring Richard Murphey , a Subject of our Lord the King, to enlist and enter himself into the Service of the French King, being a Foreign Prince, without the leave of our present Lord the King under his Sign Manual first had and obtained , Feb. 2 .
The Counsel for the King having opened the Indictment and the Evidence, the Witnesses were called.
Counsel. Who brought you acquainted with them?
Murphey. One William Clark . I met them first at the Rising Sun in Duke Street, by Lincoln's-Inn-Fields. I went there to enquire for one Serjeant Archdeacon, by William Clark's Direction, but he was gone the Night before, with fifteen Recruits for France. Clark met me there, and he told me that I should have come the Night before, and that I had lost my Passage this Time: But if I design'd to go, I must come by and by; for there would be a Gentlemen there again, who would tell me what I must do.
Councel. What pass'd when you came in Company with Dwyer first?
Murphey. Clark's Brother said, there was a Man would direct me what to do; so I ask'd Dwyer where Archdeacon was, he told me, he went away last Night, and that I should have come then. I told him my Cloaths were in Pawn; that I was in Debt, and could not come without my Things I told him I had an Uncle in France, who was a Priest, and if I went over, he would redeem me, says he, there is no Occasion of Redemption, for if you have a Friend there, you may have your Liberty. As for your Cloaths, says he, there's
Councel. Whose Service was you to go into, - the King of France's?
Murphey. I was to go to Dunkirk, and was to have Seven Pence Half penny a Day. After this Mr. Macmillan came in, and he sat himself down to hear what pass'd. Dwyer told me, I was too low for the Service, and that when there was no War, they took no Men under his (Dwyer's) Size; but Macmillan said, I wore a low Shoe, when he wears other Shoes he'll do very well.
Councel. So if you wore high heel'd Shoes, they were to make a Man of you. Did you see the Prisoner Macgrass at that Time?
Murphey. Not at that Time; but afterward I did. They agreed to send my Cloaths after me, and Mr Brettle said, I should get a Note from them to that Purpose. They were pawned in my Name, but before I went abroad, they were to be left in Clark's Name; he was labouring to delude more People into the Service of France.
Councel Was any Thing sign'd between you?
Murphey. Not at that Time. We had several Meetings together after this; and to one of them the Prisoner Dwyer brought his Captain; they call'd him Captain Linderkin, this was at the Crown in Short's Gardens, and Will. Clark and the Prisoner Macgrass were present.
Councel. I ask you if there was any Agreement drawn in Writing at that Time?
Murphey. Yes; there was a Note wrote by Dwyer, and Clark, and Macgrass sign'd it. This is the Note sure enough, and Bryan, Macgrass, and William Clark signed it, at the present (same) Time. I saw Dwyer write it, and I desired Macgrass to sign it; he said he suppos'd 'twas no Harm, and so he did sign it. - I am sorry he was concern'd in it, because I believe he was innocent, - only he knew on what Account my Cloaths were to be redeem'd, the Day before the Note was made.
Councel. Then how can you say you believe him innocent?
Murphey. Because he never propos'd any Thing at all to me about the Affair.
Coun. Pris. This Note is said to be a Promissory Note, and 'tis in the Singular Number, - my Objection is, that two Men have sign'd it.
The Note was read,
A Suit of Cloaths, a pair of Silver Buckles, the Goods of Richard Murphey, now at the Pawnbrokers, and alter'd into William Clark's Name, to be deliver'd free of all Charges, on the Agreement between him and Philip Dwyer .
Councel. So they would not venture to mention what that Agreement was. Did you go to the Pawnbrokers to alter the Name, in which the Cloaths were pawn'd?
Murphey. Yes, Dwyer and Macgrass, and Will. Clark went with me, and the Name was changed: Clark wrote his Name upon a bit of Card, and the Pawnbroker put it upon my Cloaths.
Councel. What was the Agreement mention'd in that Paper?
Murphey. To procure a Man or two for him.
Councel. Was Macgrass present at any Time when Dwyer and you talk'd about your being enlisted?
Murphey. Yes, the Day before he was taken, and then Dwyer told Macgrass, that this young Man (meaning me) had a Design to go abroad; but, said he, Times are hard upon him, - his Cloaths are in Pawn, and he will have Security they shall be sent him; and he desired me to pronounce the Agreement, made between him and me. Macgrass was his Friend (at present) and he bid me tell him the Agreement we were upon; so I told Macgrass what I had propos'd about my Cloaths.
Councel. What was you to do in France?
Murphey. I was to procure a Man or two, or to pay for my Cloaths, when they came to me.
Councel. Was there any mention made of what you were to do?
Murphey. I was to pass Muster for a Friend, in Buckley's Regiment.
Councel. You talk'd of Seven-pence Half-penny a Day; what was you to have that Pay for?
Murphey. To serve like another Man.
Councel. Was you to serve as a Soldier, or was you not?
Murphey. I did not go so tight upon them, - they told me I was to have Seven-pence Half-penny a Day.
Councel. Was not you to do a private Soldier's Duty?
Murphey. They told me I might pay for a Soldier when I came there, and might work at my Trade every Day.
Councel. So he told you, if you could get any Body to muster for you, you might follow your own Business?
Murphey. Yes, Sir, when he wrote the Note about the Cloaths, he told every Thing I was to do; and I told him, - I don't expect to be serv'd but like a common Soldier: Friends we met (says I) and Friends we'll part. He told me he had
Councel I would ask you this Question, - Was you to go there to be hired as a Soldier, with encouragement, that when you came there, you might get some body to appear for you in the Regiment as a Soldier, or was you to go over and appear for some body else?
Murphey. I was to appear for my self; but they said I might follow my Business
Councel. Pray mind the Question. Was you to go over and appear for any body else, or was you to go as a Soldier your self? and if you had any Occasion to be absent, you might have some body to Muster for you.
Murphey. I might have any body to appear in a Muster for me. Dwyer said, he would not enlist me; but I said, I desir'd to be serv'd as other Men, or else I would part with him: So he told me, I might pass Muster, and follow my Trade too.
Councel. Did Macgrass hear all this?
Murphey. I believe not. Macgrass desired me to propose what I was upon; so I told him all.
Councel. What did you tell him?
Murphey. I told him I would procure a Man or two, and so get my Cloaths clear; and I shew'd them one Man, and I told them, I would get another when I got to France: For it I could not get one or two Men to enlist in the Regiment, I was to pay for my Cloaths and my Passage when I got to France.
Councel. And was it not mention'd to you, that if you could not get a Man or two, you was to stay there yourself?
Murphey. That was not mention'd.
Councel. Why what was you to have 7 Pence Half-penny a Day for?
Murphey. They told me I might follow my Trade, and get a Man to pass Muster for me in Case of Necessity. Macgrass was not present when Dwyer and I had all this Discourse. All the Concern he had in this Affair, was in Short's Gardens, when the Agreement was reduced to Writing, and he signed it.
Andrew Macmillon . I was present at the Rising-Sun by the Romish Chapel in Lincoln's-Inn-Fields, when Dwyer and Murphey were there. I was not one of their Company, they were at a Table, and I was by the Fire Side. I heard what they were upon, so I told one Mr. Brettle. -
Councel. What did Dwyer say to Murphey?
Macmillon. I got Brettle to go with me to the Rising-Sun, so we sat down, and I took up a News-Paper (the Penny-Post) and that they might not think I minded them, I seemed Intent upon the Paper. I heard Dwyer say, Why did not you come Yesterday at Five o'Clock? Murphey said, How could I come without Cloaths? Dwyer said, They would have been sent after him. Murphey told him, He would have Security that he should have them before he went; and they talked a good deal in Irish, that I could not understand. At last I said, If the Man is going out of the Kingdom, it is not proper he should leave his Cloaths behind him, if he could take them with him. Aye! but, said Dwyer, he'll have Seven-Pence Half-penny a Day when he comes there. I heard them talk about his Landing somewhere about Calais, and about his Pay, but I heard nothing of what he was to do for it.
Thomas Bonniface , Constable. When I went to take the Prisoner Dwyer, I attempted to search him, and he pulled out a Paper from his Pocket and put it into the Fire; I endeavoured to take it out of the Fire, and as my Hand was upon the Paper, he set his Foot upon it and burnt my Hand, but with much Difficulty we saved it. Macgrass was taken at the same Time, but we found nothing upon him.
James Brettle . I was present when the Prisoners were taken. Murphey told me that Dwyer had the French King's Authority about him for enlisting Men, and he said, if we searched him, we should find it. We had Mr. Ibbot the Messenger with us when they were taken. We carried them to Mr. Hodges's, the Corner of Short's-Gardens. Ibbot searched Macgrass, and the Constable searched Dwyer. While he was searching Dwyer, he (Dwyer) pulled a Paper out of his Pocket and put it into the Fire, the Constable went to take it out, and he set his Foot upon the Constable's Hand and held it down in the Fire, but I drew my Hanger and made the Constable take it out. That's the Paper, it is burnt a little, and it was preserved with Difficulty.
The Paper was wrote in French, but in English it runs as follows.
'' The Irish Regiment of Buckley. Soldiers '' Furloe. We who have undersigned, to all, '' unto whom it may appertain, we have given '' Leave to Philip Dwyer , a Voluntier in the Colonel's '' Company in Buckley's Regiment, to go '' to England for 6 Months, to recruit for the
Signed. Macgray, Capt. Lieut. Dated at Avence, Counter-sign'd. Macheire, Major. Oct. 12, 1736. Approv'd and sign'd. Henezie, Lieut. Col. Enter'd. Dettez, Commissary of War.
Dwyer. I never agreed with him about any Money: I told him there was but little for his Pay, and he said he had some skill in the Irish Character, and would improve himself in France. I was sick when this Furloe was given, 'tis a Soldier's Ease; and when I was seized, I happen'd to burn the Paper in a surprize, thinking it would do me harm.
A Juryman. We would know whether the giving and receiving of Money, is absolutely necessary to the enlisting of Men?
Mr. De Veil. No; Voluntiers are enlisted every Day, without a Farthing of Money; and when they have had the Act read to them, and the Articles of War, and they assent to them before a Magistrate, they are to all Intents and Purposes, as much Soldiers, as if they had received a Thousand Pounds. Reading the Act, and assenting to the Articles before a Magistrate, cannot be done in such Cases as these, where Persons enlist for Foreign Service. Both acquitted .
37. Ann Shakeshaft , was indicted for stealing 2 C. lb. Weight of Linnen Yarn, value 12 l. 10 s. the Goods of Charles Egerton , John Amos , and William Spicer ; and 20 lb. of Linnen Yarn, the Goods of William Shoomaker ; and 26 lb. of Linnen Yarn, the Goods of a Person unknown , Feb. 12 . Acquitted .
40. Letitia Prat , was indicted for stealing a pair of Garnet Ear-rings, value 15 s. a Stone Necklace set in Gold, value 15 s. and a pair of Thread Stockings, value 1 s. the Goods of Peter Saltmarsh , Dec. 10 . Acquitted .
42. John Place , otherwise Jones, otherwise Emanuel , was indicted for stealing a long Scarlet Cloak, value 29 s. 6 d. a Green Mantua Silk Apron, value 4 s an Ash colour'd Silk ditto, val. 4 s. and three Pieces of Silk, value 2 s. 6 d the Goods of Abigail Hallet , Jan 25 Guilty 4 s. 10 d.
44. Simon Turner , was indicted (with James Harrison not taken) for breaking and entering the House of John Fosset , about the Hour of One in the Night, and stealing a Brass Pail, value 20 s. a brass Bowl, value 8 s. 14 Pewter Plates, value 12 s. Six Pewter Dishes, value 20 s. a Brass Saucepan, value 3 s. a Pewter Tea-pot, value 2 s. 6 d. a half Pint Pewter Pot, value 3 d. and a Gammon of Bacon, value 4 s.
John Fosset. Between 2 and 3 in the Morning, Feb 5. the Watchmen call'd me up, and told me my House was broke open; several of my Pales in the Yard was pull'd down, and the Back Door of my House was forc'd open. The Rogues when they had got into my Yard, took out some Glass from a Window near the Door, and I suppose they put their Hands in and unbolted the upper Bolt, and the bottom Bolt they wrenched off, and the Batten of the Door likewise. They took the Things mention'd in the Indictment. We found 5 of my Plates that very Night in Bullock's-Court, which is next my House, and the Prisoner was taken the same Time.
Zachariah Newman . I was at my Stand, and hearing a rattling of Pewter, I went over to see what it was, and met the Prisoner coming out of the Court, he pass'd me, and after he was gone, I pick'd up 5 Pewter Dishes; I carried them to the Watch-house, and took out some Assistance with me to make a farther Discovery. We left our Candles and Lanthorns at the Watch-house, and waited at the Place where the Pales were broke, in about an Hour the Prisoner came to the very Place, and we took him. He was carry'd to the Counter that Night, and next Morning we had him before Sir Richard Brocas , and there he own'd that he and another committed this Robbery. I was present when he confess'd that he got into the Yard, then broke open the Door, and handed out the Pewter and the Things into Bullock's Yard.
Thomas Sorrel . I was the Man that Newman called to his Assistance, and when the Prisoner came up the Court the second Time, Newman telling me that was the Man that came from the Place where we found the Pewter before, I seized him, he told us there was one Harrison concerned with him, but we could not find him. It was not before Sir Richard Brocas himself that he confessed the Fact, but in Sir Richard's Shop, before his Footman, the Shop-Man, and us.
John Peat is my Name all the World over. This Man, here, came to the Watch-house, and says he, - Peat, I want a Hand; I lent him a Hand, and they went out without their Lanthorns; and in about half an Hour afterwards they caught the Gentleman: He did the Fact, (by Report) but he said there was another with him, - as brave a Thief as any is in England. The Prisoner was mighty Obstrepolous, and I was forced to punch him on the Stomach to make him civil - like an old Soldier, - I have no more to say, - but have done - all at once.
Prisoner. I was going to my Father with the Keys of our Door, and wanting to make Water, I stepped up Bullock's Yard, and there the Watchmen took me. They told me if I could say any Thing about Harrison, they would let me go.
Ann Turner . I am his Mother, I sent him out that Night to see for his Father. - I work for most of the Gentry about Tower Hill and Savage-Gardens. For the Lord Jesus Christ's Sake take it into Consideration. Guilty Felony only
45. Elizabeth Cormeek , otherwise Bailey , was indicted for stealing a Copper Pot and Cover, a Sauce-pan, a Looking-Glass, and other Things out of her Lodgings , the Goods of William Dawney , Feb. 12 . Acquitted .
No one appearing against the Prisoner, he was acquitted .
James Bannister. About 5 Weeks ago, I went to Worthington's (this old Woman's) House to enquire for Mr. Hinton a Printer; I waited for him till 11 at Night, then I fell asleep; the old Woman asked me to go to Bed; I did, and in the Morning, when I got up, all my Money was gone. I told my Landlady I had been robb'd, - Lord, says she, I have kept House 40 Years and never any such Thing happen'd before. She told me, she had let the Prisoner in about 12 o'Clock, and she would examine her. While I was contesting with the old Woman, the Prisoner came in very drunk, but we got her to sleep, and she awaked and was come to herself, she told us she had the Money, and that she took it for Funn, but if I would be good natur'd I should have some of it again. I pallaver'd with her, and at last she said the Money was in the Hands of St. James's Watch-house Keeper, so she and I went to him; he asked me who I was? With a very reverend Bow, - I said, - with Submission, you have Money of mine in your Hands; he deny'd it, and order'd me to be put out of the Watchhouse: Well says I to the Prisoner, you said you took it for Funn, you shall go along with me for Funn, and so I pull'd her away with me, and got a Constable; he search'd her and found the Purse upon her. She told Justice Lambert that I gave it her, but in the Round-house she said that Col. Turner gave it her.
Prisoner. Ask him what Woman that was that was a Bed with him at my Landlady's? I am an unhappy Woman 'tis true, but I never pick'd a Pocket in my Life.
Joanna Worthington . The Prosecutor came in that Night and asked for Mr. Hinton, he was not at Home, so he sat down to wait his coming in, and falling asleep I asked him to go Bed, and he did so. This Prisoner was foul, and she was with me upon Cure; I take in sick People; the Woman to be sure is a vile Creature in her Way, - when she was well, could not she have made use of her own Way of Living again, without robbing the Man? She came Home fuddled two Hours after he was gone to bed, and there being never a Lock upon the Prosecutor's Door, and her Chamber being upon the same Floor with his, I charged her to go up softly. In the Morning he told me he was robbed, I bid him make himself easy, I should hear of it again; while he was disputing with me, in comes Madam
Prisoner. Pray ask him whether the Money that Wingfield the Beadle returned him, - whether the Prosecutor did not give it me, - and ask him for what?
Bannister. I never saw her till after my Money was gone.
Catherine Hinton . I lodge at Worthington's, my Husband and I came Home about twelve, the Prosecutor was a-bed, and Kitty Nichols (that is one of the Prisoner's Names) was not come in We went to bed, and in the Morning the Man said he was robbed, and that he had lost 8 Guineas and some Silver. The Prisoner came in soon after very much fuddled, and she said she took his Money for Funn, and if he'd be civil, perhaps she'd give him a couple of Guineas again.
Prisoner. Ask the Witness how she came acquainted with that Man - She's a very disorderly Woman.
Hinton. I knew him when he drove the Stage Coach for Mr. Baldwin of Slough.
Defence. The Prosecutor came into this old Woman's House, and ask'd for a Woman, and for something to drink; Mrs Hinton brought him some Brandy or Gin - so he drank to me, and I to him; then we went up Stairs together for about an Hour; and I leave it to you to guess what we did there. He liked me so well, that he said he would come again, and make me a handsome Present; for, says he, 'tis Pity you should live in this old Bawd's House. I will keep you at Kensington. So the Thursday Night following he came again, and lay with me all Night; but on Sunday Night he got to Bed to another Lady of this old Woman's Family, and it made me so angry, that I pull'd off the Bed-cloaths; and he desired me to be quiet - he would oblige me too. I would not let him, but was still very angry: So he pull'd out the Purse and gave it me, not to make a Noise about the other Girl, and I carry'd it directly to Wingfield the Beadle. This old Woman keeps a notorious Bawdy-house; and ever since I have known her I have been miserable.
Worthington. I took her in foul, and cur'd her, as I do many of these poor Wretches; and I do it for never a Farthing; and when they are well, if they will go to Service, - they're welcome.
C. I am afraid you are the Occasion of these Wretches being in such unhappy Circumstances.
Jury. Where does the old Woman live?
A Witness. On the Backside of St. Clement's Church. Guilty 4 s 10 d.
George Brammer , was indicted for stealing five Womens Stuff Damask Shoes, value 5 s. the Goods of Thomas Garston , Jan 7. Guilty 10 d .
58, 59. Samuel Oram and Charles Moreton , were indicted for Stealing a Hat, value 6 d. the Goods of John Knight , and a Brass Tobacco Box, value 6 d. a Map, value 6 d. a Canvas Bag, value 2. d. the Goods of Roger Mead , Jan. 23 . Both Guilty 10 d
60. Robert Condell , was indicted for stealing a pair of leather Boots, value 5 s. a pair of Shoes, value 2 s 6 d. the Goods of Richard Jones , and a pair of Boots, value 5 s. the Goods of William Vurvey , and a pair of Boots, value 6 s. the Goods of Edmund Rudd , and a pair of Shoes, the Goods of a Person unknown , Feb. 10 . Guilty 10 d.
61, 62. John Scobey , was indicted for stealing a wooden Firkin, value 6 d. and 50 Pound of Soap, value 18 s. a pair of Shoes, value 1 s and seven Pound of Lead, value 10 s. the Goods of Thomas Judd , Jan. 25 . And,
Edward Rogers . Last Sunday Night, this Gentleman and I was coming past the Two Blue-Posts at Temple-Bar , and the Prisoner ask'd us to give her a Pint of Wine. We went into the House with her, and when we had finish'd the Wine, she and I went into another Room; when we had done our Business, we return'd to the Room where we had left the Gentleman. She was no sooner enter'd, but she said she wanted to speak with the Drawer, and away she ran smartly thro' the House, and the Door was shut upon her. I had my Watch when I went in, and when I came out I miss'd it. The Case was found afterwards under the Table. I lodge in Bell-yard, and went to my Lodging about a quarter of an Hour after she ran out of the Tavern, and then it was I miss'd it.
Dillon Wye . Confirm'd the above Evidence; adding, that he saw the Prosecutor playing with the String of his Watch before he retired with the Prisoner, and that he thought a Lady in her Garb would not have done such a Thing.
Mr. Rogers. I went back to the Tavern to enquire for the Woman the same Night, and I told them I had lost my Watch, but the Doors were shut, and they would not let me come in.
Nathaniel Manning . The Gentleman came on Monday to enquire for his Watch; and after he was gone, I found the Case in the Feathers, that was the Room they went first into. I shew'd him where the Prisoner liv'd in Chancery-Lane.
Philip Williams . I drew the Wine, and carry'd it into two separate Rooms. They both came in together with the Lady, and they stay'd about a Quarter of an Hour; she came out, and went thro' the House very briskly, about six Minutes after they came out of the private Room, and our Cook shut the Door after her. When they paid the Reckoning they said nothing about what they had lost; but one of them return'd in about half an Hour, and knock'd at the Door, my Master was ill, and he order'd the Door not to be open'd any more that Night. Next Morning my Fellow Servant shew'd him the Lady's Lodgings in Chancery-Lane, and gave him the Case that was found under the Table.
Prisoner. At Temple-Bar I met these Gentlemen, and went into the Tavern with them; we drank a Glass a-piece, and then I went with the Prosecutor into another Room, and we had a Pint of Wine there. While we were in this Room together, he call'd the Drawer, and bid him go into the other Room, and ask the Gentleman if he had got his Snuff-box; the Gentleman sent Word he had it not; well then, says he, I have left it at the Fountain, where I supp'd to Night. They kept me 'till between 11 and 12, and he drew his Sword, and said, if I offer'd to go out of the Room he would run me thro', and getting up to take hold of me, he fell down, for he was pretty much fuddled, and so I got out of the House, and I heard no more 'till next Night the Prosecutor came with two or three Men and took me out of my Bed.
Mr. Rogers. I was there twice on Monday, and she denied her self.
Councel. Have not you heard of her being more Trades than one? Don't you know of her being a lewd Woman? Acquitted .
^ John Warwick. In September Sessions I was tried here for two Robberies, on a Woman I was
^ Vide Sessions-Paper, Numb. 7. p. 180. 1736.
Drinkwater. This Warwick was found guilty of conspiring against my Life, last Sessions, and for the same stood in the Pillory, - a little while.
Warwick. On my Trial for these Robberies in September, I desired my Councel to ask Drinkwater, whether he had not declar'd he would hang me. I saw him sworn; and when the Question was ask'd him, he made Answer, - no, I only said, I would bring him to Justice. After he had given Evidence he was sent to Newgate -
Drinkwater. What was it for?
Warwick. I call'd Mr. Cook to prove he had said the Words, and he was order'd into Custody, and was taken into the Baledock, and there he bawl'd out, - my Lord! my Lord! - Pray my Lord! pray my Lord!
Joseph Cook . About Midsummer last I saw Drinkwater, and he asked me when I saw Jack Warwick , I told him I had not seen him a pretty while, he's in the Country, says I; I have been in Jail, says he, eleven Months, and my Head and Pen have been at work; if I can find him, I will hang him; if I can't hang him, I'll transport him; if I don't do neither of them, I'll imprison the Dog for Life. I believe I might say, - what's the Occasion of your being in Goal? And he said, - no Matter, I have it all in my Book.
C. Was you acquainted with Warwick?
Cook. Yes, I have been acquainted with him about three or four Years. I took a Lease of some Ground from the Countess of Southampton, and Warwick had a Mind to a Bit of this Ground to build upon, and he appearing well I let him a Bit of Ground.
George Thompson . The Prisoner Drinkwater was at my House in Spaw-Fields last Summer, and Mr. Cook was looking over his Pales into my Yard, and he asked Cook when he saw his Friend Warwick. Cook told him that Warwick and he had fallen out, and that he was gone into the Country. I wish I could find him, says Drinkwater, I have been barbarously used by him in Jail, and if I can catch him, I will either hang him, or transport him, or keep him in Jail for Life.
Councel. I desire Warwick's Indictment, with the short Minutes on it, may be read; what the Issue was, and the Verdict.
Then the Record of Warwick's Conviction and Judgment against him was read.
Councel. We can shew this by more Witnesses, but I believe nobody doubts it.
C. Now the Evidence that Warwick has given, is to be of no Weight; no more Regard is to be paid to it, than if he had given no Evidence at all.
Warwick. If I have been proved a Villain, he has been ten times as big.
Councel. Aye ! but you are the Largest Man.
Warwick. He is as bad a Rogue as myself, though I have stood in the Pillory.
Drinkwater. He did not stand Half his Time.
Warwick. I was forced to jump out to save my Life, that Bull-fac'd Fellow there had got a Mob, and they threw Stones and Brickbats. I have a Hole in my Leg you may turn your Fingers in, made with a Brickbat; and my Arm has since been laid open.
C. Offenders are to suffer the Judgment of the Law, and their Punishment is not to be extended farther; whoever is concerned in Outrages of this Nature, are liable to the Censure of this Court.
No other Evidence appearing to support the Charge, the Prisoner was acquitted .
65. Robert Holland , was indicted for willful and corrupt Perjury, in a Trial at common Bench, in Trinity-Term, between James Jackson , Fishmonger, Richard Ealey , Butcher, Defendants, and Henry Nown , Plantiff: At which Trial the said Holland Swore; that the Defendants did not Assault, &c. Elizabeth Nown : whereas in Truth and in Fact, he did Assault, &c. and the said Holland was not present, when the said Assault was made, &c.
Mr. Salt. Holland was sworn upon the Holy Gospel, to speak the Truth, the whole Truth, and nothing but the Truth.
Leaf. Holland's Evidence (to the best of my Knowledge) was this, that he was in Company with James Jackson and Richard Ealey, the 3d of May, that he went with them into the House or Shop of Henry Nown before mentioned; that he was at the Top of the Stairs (the One Pair of Stairs I think it was) and that there was no
Councel How came you to attend there? Are you an Attorney?
Leaf. No, I attend my Master's Messages.
Councel. Was you within the Bar or without?
Councel. How come you to remember this?
Leaf. Because this Man gave the last Evidence.
Councel. And do you swear that because he gave his Evidence last, therefore you remember it?
Councel. Did you take Notes at that Trial?
C. Are you sure that he swore he was there all the while?
Leaf. To the best of my Knowledge he did. - I had rather speak to the best of my Knowledge, - that will be Truth.
C. Did he say positively that there was no Assault committed, or did he only say, he saw none committed?
Leaf. I won't take upon me to say which.
Councel. Have you never declared that the Prosecutrix attempted to hire you to rap, as they term it?
Leaf. I don't know that ever I did.
Mr. Salt. I reduced the Words into Writing: they were, - That he was in Company with Jackson and Ealey the 3d of May, at the dwelling House of Richard Nown ; that he went with them to the Top of the first pair of Stairs, and that James Jackson did not make any Assault on the Person of Elizabeth Nown .
Councel. Was this reduced into writing the same Day or the next.
Mr. Salt. I can't tell that. It was not done in Court.
Councel. I would ask you, whither he did not say, that he saw no Assault?
Mr. Salt. I take it that he said there was no Assault.
Sarah Goode . I was in Company with Mr. Jackson and Mr. Ealey, at Mr. Nown's House: They came to distrain for 20 s. for Nown's selling Liquors, I was there from the beginning to the ending of the Business. There were Mr. Jackson and Mr. Ealey, and Mrs. Nown and her Daughter. I was up Stairs with them, and I did not see Holland at all. I went up Stairs behind them, and came down behind them. There was Jackson and Ealey, and Betty Nowns and my Self. The first Time I saw Holland was the 3d of May.
Councel. What did not you see Holland at all?
Goode. I saw him at the Door; I did not see him 'till he fetch'd away the Baskets. I am certain he was not above Stairs when the Skirmish was. I am certain he was not there.
Q. Were they out of your Sight, while they were in the House?
Goode. No, Sir,
Mary Nown . On the 3d of May, Jackson came into my House and said he had a Warrant of Distress for 20 s. and you Bitch, says he, I will send you to Newgate and your Husband to Jayl: he was pretty hot, and been warming himself before he came in; my Child said, for Christ's Sake, don't send them to Newgate, - send me instead of them. Holland (upon the Trial of this Assault,) said he was in my House, in Company with Jackson and Ealey, that he went up Stairs with them into a dark Entry, and that they never touch'd the Door, nor my Daughter neither: and that they were not there two Minutes, if he had had a Watch. I desired Sarah Goode to go up Stairs and see what they were doing, and she followed them up immediately. I never saw Holland 'till Ealey call'd - Porter - Basket, and he carried the Baskets away. He never was in the House.
Eliz. Nown. The 3d of May, Jackson and Ealey came and said they would go up Stairs, and take what they could find: Jackson went up first, and Ealey followed him, and the other Woman followed them. Jackson used me ill, - by ill Language, and the Kitchen Door being shut, he said I had got the Keys, and he took me by the right Side of the Petticoat and tore it. Holland was neither in the House nor up Stairs there was no Man up the Stairs save Jackson and Ealey.
Mr. Jackson. In May last, I was Church-Warden of St. Mary-Hall. I received this Warrant from the late Mayor, to levy a Fine of 20 s. on them for retailing Liquors. I desir'd her not toArthur Chambers ,call a Porter , and he call'd Holland, who went with me and the Beadle into the House. Holland follow'd me up Stairs, and the Beadle follow'd him. I never saw that Oyster Woman (the Evidence) there.
C. Did you strike or assault her above Stairs?
Mr. Jackson. On my Oath I did not. I should not care to come so near her; I never touched her, but the Doors being lock'd I came down again.
Richard Ealey's Evidence confirm'd Mr. Jackson's.
A great number of credible Persons appear'd to Holland's Character. Acquitted .
66. Beaver Newby , was indicted for stealing a brass Pot, value 2 s. an Ax, value 4 d. a Saw, value 6 d. a Copper-pot, value 6 s and five iron Bars, value 20 s. the Goods of Joseph Horncastle , Jan . 17.
He was a second Time indicted for ripping and stealing a Copper, value 20 s. fixed to the Freehold of Joseph Horncastle , Jan. 17 . Guilty of both Indictments .
69. Christopher Oakeley , of St. Luke's, Middlesex , was indicted for stealing a Gold Ring, val 24s. the Goods of John Stanbridge , Jan. 19 . The Prosecutor not appearing, the Prisoner was acquitted .
70. Mary Daniel , was indicted for stealing two Linnen Caps, value 2 s. a pair of Stays, val. 5 s. two Shifts, value 3 s. and a Linnen Handkerchief, value 6 d. the Goods of Richard Lane , Jan. 19 . Acquitted .
71. Patrick O'Collard , was indicted (with Henry Chapman not yet taken) for assaulting, beating, wounding and ill treating Thomas Thorn , so that his Life was greatly despair'd of, with an intent the Goods of John Rose , from the Person of the said Thorn, to steal, take, and carry away . Jan; 17 . Guilty .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, 5
George Thornhill , John Norris , David Fossey , Obadiah Sturgeon , John Morris , Stormy Barnes , James Brady , James Furnace , James Stanley , Margaret Fox , Isaac Bailey , Abraham Sutton , George Presgrove , Daniel Geare , John Place , otherwise Jones, otherwise Emanuel, Thomas Edwards , Simon Turner , Susan Higgins , Susan Sowel , Richard Woolley , Henry Hall , Mary Baker , Mary Souter , Samuel Grimstone , George Brammer , Samuel Oram , Charles Moreton , Robert Condell , Beaver Newby .