Wednesday the 20th, Thursday the 21st, Friday the 22d, and Saturday the 23d of April, 1737, in the 11th Year of his MAJESTY's Reign.
Being the Fourth SESSIONS in the Mayoralty of the Right Hon. Sir JOHN THOMPSON, Knt. Lord-Mayor of the City of LONDON, in the Year 1737.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane M,DCC,XXXVII.
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 Mr. Justice Denton, the Honourable 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.
2. Simon Stanton , of London, Gent . was indicted, for that he after the 24th of June, 1736, to wit, on the 13th of December last, in the Parish St. Mary le Bow , feloniously made and caused to made a certain forged and counterfeit Writing, purporting a Receipt for 200 l. in the following Words, viz. '' I do hereby acknowledge, to have '' had and receiv'd of William Jones , Esq; since I '' left the Lady Norton's Service, two hundred '' Pounds in Money and other Things; but I am '' not to repay the same, if he rovokes a Deed of '' Gift, of five Hundred Pounds in South-Sea. Annuities, '' this Day made to me, dated 17th Jan. '' 1728 .
A Capstick. Witness E. Downs.
With intent to defraud John Wigley , of Lambeth, and Agnes Capstick , now Wife of the said Wigley, and which said Writing he the said Stanton publish'd the Day aforesaid as true, he knowing the same to be false, forged and counterfeit. Acquitted .
3. Dorothy Felton , and James Calwell , were indicted for breaking and entering the House of Sarah Boreman , in the Parish of St. Sepulchre's, between the Hours of One and Four in the Night, and stealing a scarlet short Cloak, value 12 s. a long black silk Apron, value 5 s. a holland Apron, value 3 s. a holland Shirt, value 2 s. 6 d. a muslin Hood, value 12 d. a cambrick Handkerchief, value 12 d. a cambrick Mob, value 12 d. two silver Salts, value 15 s. two silver Cups value 40 s. a pair of worsted Stockings, value 2 s. a striped ticken Apron, value 12 d. and 10 s. in Money, the Property of Sarah Boreman; and fourteen Pieces of Portugal Gold, at 36 s. each , the Money of Zaccheus Haydon , March 11 .
Q. Do you know from whence she took them?
Boreman. She took them out of the Drawers, by my Bed-side.
Q. When did you see them last, before they were missed?
Boreman. I saw them the Day before.
Q. Do you know any Thing of your own Knowledge, concerning the Time or Manner of taking these Goods?
Boreman, I was not sensible of any Thing 'till she came to my Pockets for the Key of the Closet Door, where the Money lay; 'twas this that 'wak'd me: She opened the Closet Door, and took the Box that held the Money, and was going down Stairs with it; I heard her brush along, and being surprized I got up, and ran directly to the Closet, but the Box of Money was gone. I thought it must be some body that knew my Room very well; and I suspected the Prisoner, because she is a Person of a very ill Character.
Q. When did you take her up?
Boreman. Nine Days afterwards: And the Moment she saw me, she own'd every Thing: She got my Hood upon her Head, and my Handkerchief about her Neck. The Prisoner Calwell told me, all the rest of my Things were in her Room, and there I found them: She gave me the Key her self to look for them. This Piece of Gold I had from him, he said he had it of Doll, and she own'd it was one of the Pieces she took out of my Room. And have not you lost some Cups and Salts, says he, I told him, I believed he knew very well what I had lost. Why, says he, I ask'd her, if she had not robbed somebody of that Portugal Gold, and those Things, and she told me a Parson had given them to her.
Q. What Reason had you to suspect the Man
Boreman. They liv'd together as Man and Wife in that Lodging, and I think the Cellar Door required so much Violence to open it, that it could not be done with her Hands alone.
Felton. I'll ask no Questions; I only desire to clear this innocent Man.
Calwell. I never wrong'd you of a Penny: Did you find any of the Goods upon me?
Boreman. They were found in your Lodging.
Calwell. 'Twas her Lodging, not mine: She was in Custody before any Thing was found.
Q. Did she break any Doors in Order to get in?
Boreman. She confess'd she broke open the outer Cellar Door, and got into the Cellar; then she came up the Cellar Stairs, and broke open the Door at the Top of the Stairs, between two and four o'Clock.
Eliz Shropshire . Mrs. Boreman came to me, and told me she had been robb'd by one who was her Maid, and that a Soldier in the 2d Regiment of Guards , commanded by Capt. Littleer, was concerned with her. Upon this, I went with her to the Captain's House in the Park, and this Man (a Soldier) was there present. We told Captain Littleer the Story, and this Man said, he should see Calwell at 11 o'Clock, and would bring him down to the Captain's House. He did so, and when he (Calwell) came in, he said he knew nothing of the Matter; 'twas true, he said, he had married a Wife with a great deal of Money, and he did not know why he might not wear fine Cloaths. The Captain insisted on knowing what Money he had in his Pocket, and he produced this Portugal Piece of Gold, and said his Wife was with Child by a Parson, and he had sent her Money to take Care of the Child, and this was one of the Pieces which he had from her. We asked him where she might be found; he told us she was at Mrs. Hamilton's in Thieving-Lane, and that we must enquire for her by the Name of Dorothy Felton ; afterwards he said, he took the Room for her in his Name, and that we must ask for her in his Name. The two next Witnesses. Row and Alexander went to see for her; they found her, and brought her to Captain Littleer's, where she confessed the Robbery, and own'd she got in at the Cellar Door: The Hood and the Handkerchief she had then upon her.
Joseph Row, Serjeant. I was walking in the Park, and Capt. Littleer call'd me, and told me there was a Warrant against Calwell and a Woman, on Suspicion of breaking open a House. I
Q. How did she say she got in?
Row. She own'd she broke open the House, and when she had taken the Money, she open'd a Ground-window, and jumping out of Window, a twenty Pound Bag fell into the Street, which was afterwards found by some People with a Candle and Lanthorn, who kick'd it before them on the Ground. After Justice Hilder had examin'd them, he committed the Woman to the Gate-house, and the Man to Tothill-fields Bridewell; they were both put into a Coach, and as they were going to Prison, they fell a fighting, and she call'd him Rogue, and swore she would do for him.
Felton. Did I say I would do for him? I might have done for him, if I would have sold his Blood, as you and others would have had me.
Calwell. Pray, Serjeant Row, have not you known me to have got Money by Recruiting?
Row. Yes; but not in Town.
Calwell. I have got 2 Guineas a Week by recruiting in Town.
Q. Were the Doors fast when you went to Bed?
Boreman. Yes, I saw them all fast after One o'Clock; then I went to Bed, and I saw them broke about Four.
John Alexander , Corporal. Capt. Littleer call'd me to his Door, and desir'd me to see for Calwell, whereof I did, but I could not find him. When I return'd to the Captain, I found Serjeant Row had taken him. The Captain asked him where his Wife was? first he said she was in St. Martin's-Lane; I went there, but could not find her, so I came back, and then she own'd she was in Threving-lane; I went there with his Ring for a Token, and brought her to the Captain.
William Baker . On the 17th of March Mrs. Boreman told me she had been robb'd, and desired my Assistance in apprehending two Persons she suspected. Calwell was found and brought to Capt. Littleer's House; the Capt. examin'd what Money he had about him, and he produced a 36 Shilling Piece of Gold; which he own'd he had from the Prisoner Felton. He said likewise, that he had another from her, but he had changed that; and she confess'd before the Justice that the Gold which was found upon Calwell was Part of the Money she took in Mrs. Boreman's House.
Felton. My Lord, all I have to say is, to desire you to clear the Innocent; then I am ready to take my Trial; he is innocent, - He is in Irons, and has had Punishment enough. Felton. Guilty Death . Calwell acquitted .
Mr. David Goddin. I live in French Ordinary-Court, Crouched-Fryars : My House having been broke open, and Money and Plate, having been Stole to a great Value; I examin'd my Warehouses, and found a Bag of Ambergrease, and these 12 Carolina Deer-skins missing. I desire Mrs. Tollman may be called.Tom Jay , the Prisoner. I know nothing else; I saw they were some sort of Skins.
Mr. Goddin. Did not he bid you deliver them to the Prisoner?
Tollman. Yes, and I did so, sometime in February about the Dusk of the Evening.
Mr. Goddin. Did not O'Bryan tell you who he had the Skins of?
Tollman. Yes; he said he had them from his Uncle.
Simon Pyke . I am a Leatherseller in the Strand, between Norfolk-Street, and Surrey-Street. The Prisoner, on or about the 14th of February, call'd on me and asked me if I would buy some Deer Skins: He said he had a Friend, a Sea-faring Man, who had some to dispose of. My Answer was, that if I saw them and liked them, I did not know but I might buy them at a Market Price The Day following the Prisoner and Josiah O'Bryan , came with ten Skins; and this O'Bryan, the Sea-faring Man, prov'd to be an Apprentice to one Mr. Garret, a Packer in Bell-Alley, Coleman-Street We soon agreed for the Skins; I was to have them for Twenty-eight Shillings; but after the Agreement, I was not satisfied about their Property in them, so I insisted upon Vouchers. Upon this, the Prisoner and O'Bryan said, there was a Neighbour a Publican, one Thomas Bennet , at the Golden Lyon, who could give some Account of them; but Bennet gave me no satisfaction. Then I sent to Mr. Garret's in Bell Alley, to know if his Apprentice was a Dealer in Deer-Skins; Bennet gave me a Caution, and directed me to Mr. Garret's. Mr. Garret sent me Word that he knew nothing of his Man O'Brian's being a Dealer, so I stopp'd the Skins. The Prisoner and O'Bryan were dis-satisfy'd, and insisted on the Money or the Skins, and were very urgent on the Question; either the Money or the Skins they would have; but that did not prevail on me; I detain'd them, and told them I would send for a Constable: I sent my Man for one, and O'Bryan went away very fast, and the Prisoner went off afterwards. In the Afternoon the Prisoner return'd to Bennet's, to know my Christian Name in order to give me Trouble; passing by my Shop, I told him, I did not want Trouble, if O'Bryan's Master would appear for his Servant, the Skins or the Money should be ready. On the Friday following Mr. Garret, O'Bryan's Master with his Uncle, appear'd in his Behalf, and told me they were satisfy'd in some Measure about the Skins, for there was a Piece of Cloth (they said) bought and truck'd for them, and that they were equally concern'd in the Cloth. These Gentlemen appearing, and the Prisoner being likewise Mr. Garret's Journeyman, I offer'd them the Skins? but Mr. O'Bryan said, as I had the Trouble, I might pay his Kinsman for them and keep them; so I paid the 28 s. as before we agreed, and took a Receipt from O'Bryan. I sold them afterwards to a Gentleman in Court for two Guineas, and they are here to be produced.
Q. Was the Price you gave for these Skins, a common Price?
Pyke. No; it was a low Price.
Prisoner. Did I receive any Money from you?
Pyke. The Prisoner was not in my Shop when the Money was paid, but he was the Person that came first to me about them.
Prisoner. Have not you known me many Years?
Pyke. In the Year 33, he and his Wife was pass'd upon me, out of the City: I was then Overseer of St. Clements.
John Jones . I happen'd to be in Master Pyke's Shop when the Skins were offer'd him, and doubting how they came by them, he went to the Alehouse to enquire after their Characters; when he return'd to his Shop, he sent me to Mr. Garret's with the Prisoner; as we went along he asked me what Mr. Pyke's Christian Name was; I told him Simon, then by G - d I'll arrest him in an Hours Time; for O'Bryan and I bought a piece of Cloth for 24 s. and we truck'd it for these Skins, and if the Man has bit me in them, I am even with him, I have bit him in the Cloth.
Mr. Goddin. You don't interrogate Mr. Pellisent.
Q. What would you have me ask him? It is incumbent upon you to shew they were your's, and that you lost them.
Job How. Here's three of the Skins we have sworn to already: When we first rummaged the Warehouse, we counted over these Skins, and one of them hit a Piece of Skin off my Thumb, and it bled very much, here's some of my Blood upon this Skin, - here's more upon this too, but I shall hardly swear to them. There was 1212 of them when we rummag'd the 2d of February, and when we rummag'd them the 7th or 8th of March, these Skins were missing: I believe they are Master Goddin's, by this Worm-eaten Skin, which I remember, and there's my Blood upon some of the rest; - that's a Circumstance very plain I think.
Defence. I am innocent of the Thing; I recommended the Lad to Mr. Pyke, to sell his Skins
7. Ann Mudd , of St. James's Westminster , was indicted, for that she not having God before her Eyes, &c. on Thomas Mudd her Husband, feloniously, treasonably, and willfully, did make an Assault, and with a certain Knife, value 1 d. which she held in her Right Hand, him the said Thomas, in and upon the right Part of the Back, near the Back Bone, did strike and stab, giving him one mortal Wound, of the Breadth of one Inch, and the Depth of 3 Inches, of which mortal Wound he instantly dy'd . Feb. 23 .
She was a second Time indicted on the Coroners Inquest for the said Murder.
She was a third Time indicted, for that she not having God before her Eyes, &c. in the Fury of her Mind, on Thomas Mudd her Husband, did make an Assault, and with a certain Knife, value 1 d. held in her Right Hand, the said Thomas, in and upon the Right Part of the Back, near the Back Bone, (he not having any Weapon drawn, nor having first stricken) did strike and stab, giving him with the said Knife, one mortal Wound of the Breadth of one Inch, and of the Depth of 3 Inches, of which he instantly died. Feb. 23.
John Owen . Mary Standridge , the Prisoner's Mother, lives in a Cellar in Carnaby Market . The 23d of Feb. I was in the Cellar with Ann Mudd and her Mother; the Deceased was going by the Cellar Door, and Mary Standridge call'd him down, when he came to the 3d Step from the Bottom, Ann Mudd struck him a slap in the Face, and he bid her be quiet: She had a Knife by her Side, which she pull'd out and clapp'd it down on a Cupboard which was in the Cellar: then, as he stood upon the 3d Step, she struck him again in the Face, and he bid her be quiet. Then she went and sat down in a Chair by the Fire Side, and the Deceased came down and sat in her Lap, and wanted to buss her, she would not let him, so they both tumbled together out of the Chair upon the Ground; I thought they had been playing together.
Q. What happen'd next?
Owen. The Deceased got up first, and the Prisoner when she was up went to the Cupboard where she had laid the Knife, and hurl'd something at him.
Q. Do you know what it was?
Owen. I can't be positive what it was; I thought it look'd like a Saucer: After this, she stood some Time at the Cupboard, and then she went to him as he stood in the middle of the Cellar, and he immediately cry'd out, O Lord! I am stabb'd! I am stabb'd! Mother! Mother! She has done for me. I ran immediately to call Standrige's Husband, but when I came back, the Deceased lay on the Ground.
Q. Had she any Instrument in her Hand after he complain'd of being stabb'd?
Owen. I saw nothing in her Hand.
Q. What Distance of Time might there be, between your going to call Standridge's Husband, and your Return back?
Owen. I was not gone above 2 or 3 Minutes, and when I came back, the Deceased lay on the Ground in his Blood.
Q. Was any Surgeon call'd to his Assistance?
Owen. I went about to see for a Surgeon, but I could not get one.
Q. How long did he live?
Owen. About 4 or 5 Minutes, he did not speak one Word after he cry'd out, he was stabb'd.
Eliz Aggleton . I was sitting on the 3d Step from the Bottom, when the Deceased came down and stood by me; the Prisoner came to him, and hit him a slap in the Face, and gave him another Blow or two, as he stood on the Step: She had a Knife by her Side, which she laid down on the Cupboard, and then she said she would fight him; he would not fight with her, so she sat her self down in a Chair, and he went to her, and wanted to kiss her, but she would not let him; he sat down in her Lap, and she push'd him away; then they both fell from the Chair upon the Ground, and she got up, and took some Thing off the Cupboard, and jobb'd it at him as he stood in the middle of the Cellar, he immediately cry'd out, Mother! Mother! I am stabb'd, I am stabb'd, she has done for me! The very Minute that she jobb'd, he cry'd out, and dropp'd down upon his Backside, and I ran up Stairs to call Standridge's Husband.
Q. After he made this Complaint, how did he fall?
Aggleton. He fell upon his Back-side, and I saw the Blood trickle down the Floor.
Q. How long did he live afterwards?
Aggleton. I was gone about 3 or 4 Minutes, and when I came back he was dead.
Q. Was he well when he came down Stairs?
Mr. Justice Lambert. The Prisoner was brought before me, and I ask'd her how she could be so Cruel as to Kill her Husband? Why, say'd she, I stabb'd him in the Back with a Knife, for Funn
The Constable. I was sent for and found the Man Dead; I carried her before Mr. Justice Lambert, and she told him she did it for Funn. I search'd for the Knife, at that Time, and could not find it; but the next Morning her Father brought it to me, and here it is.
Peter Maccullough , Surgeon I was sent for by the Coroner to view the Body of the Deceased: I found a large Wound between the 9th and 10th Ribs, on the right Side of the Back-bone; the Knife had penetrated into the Cavity of the Breast; the right Lobe of the Lungs was pierced quite through, and a large Blood-vessel, a large Branch quite cut off, which was the Occasion of his Death.
The Prisoner had nothing to say in her Defence, nor any Witnesses to call. Guilty Death .
8. Charles Burn , of St. James's Westminster , was indicted for stealing a 2 lb. brass Weight, value 18 d. a Pound brass Weight, value 9 d. a half Pound brass ditto, value 6 d. and a quarter Pound brass ditto, value 3 d. the Goods of John Thompson , March 4 . Guilty
9. Charles Burn , was a second Time indicted with Richard Ingram , for breaking and entering the dwelling House of Charles Attwood , at St. James's Clerkenwell , about the Hour of 7 at Night, and stealing a Wooden Drawer, value 3 d. and 35 s in Money , February 18 .
Charles Attwood . I keep a Chandler's Shop . On the 18 th of February about seven o'Clock at Night, I saw my Shop Door latched with an iron Latch; I was in a back Room behind the Shop, and a Boy came and told me I was robb'd: I went directly to see what I had lost, and looking about, I miss'd the Till, Money, Lock and Key, - all was gone together. The Boy told me he saw them and knew them.
Burn. Pray Mr. Atwood, was the Door fast?
Burn The Door was open; we never broke a Lock in our Lives: We had no Knives, nor any Thing to open a Door with.
William Walton , (the Boy) I was going of an Errand, and saw the two Prisoners, and Jones the Accomplice at Mr. Atwood's Door about 7 o'Clock, (I don't remember the Night) but Jones cross'd the way and stood still: Burn open'd the Door, and brought out the Till, and left the Door open When Burn came out with it in his Hand; Jones cross'd the way to him again, and they all went out together: Burn spoke to Ingram when he came out, but what he said I was not near enough to hear. I knew all of them, and so I told Mr. Atwood.
Q. Was it so light at 7 o'Clock in February, that you could know their Faces.
Walten. It was dark; but there was a Lamp by the Door and the Shop Windows were open. I don't know whether I could distinguish their Faces, if there had been no Lights.
Q. Did Ingram and Jones seem to be of the same Company?
Walton, Yes, they were all 3 standing together at the Door, when I pass'd by them.
Burn. Do you know whether the Door was latch'd or no?
Walton 'Twas a Hatch, and 'twas fast; I saw him lean over it and open it, tho' I cannot say I saw him lift up the Latch.
Burn. The Door was a Foot open, when I went to the Door: I only went in for a Farthing's worth of Small-Beer, and the Till was half in, half out, and that was not lock'd neither.
Ingram. Did you see me at the Door?
Walton Yes; I knew them all 3 very well, and saw all their 3 Faces, but did not speak to them.
John Jones . About the middle of February, the 2 Prisoners and I, coming down the Street, saw Mr. Atwood's Door shut. I cross'd the Way and stood still: Burn went in and brought out the Drawer, and we ran together to the end of Bell-Alley; then Ingram perceiving that Burn's Hand was in the Drawer, - You Rogue, says he, what are you doing, and took it away from him; there was 23 s. and Eight-pence half-peny in it; if there was more, Burn sunk it while his Hand was in it. The Money was empty'd into my Apron, and at the Tobacco-Roll against St. Andrew's Church in Holbourn we shar'd it. I had 6d, less than either of the Prisoners, for they said 6d, had been lost, and so to prevent Disputes I took the Loss to my self. We had some Beef-stakes dressing then for our Suppers, but Ingram's Mother informing us that Mr. Atwood was coming upon us, we went away without eating them.
Q. Was the Hatch latch'd or not?
Jones. Yes, it was; for he push'd against it, and it would not open, then he lean'd over, and lifted up the Latch?
Q. On your Oath, Did you see him lift up the Latch?
Burn. I never touched the Latch with my Hands, and how can he say he saw me lift it up, when he stood on the other side of the way.
Jones. I was not more than 3 yards distance from the Door.
Burn. My Lord, we had just stole some brass Weights, and the Evidence carried them to his Wife to sell for us, and he came back to us after I came out of the Shop, and said, Charles, have you made the Lob?
Jones. This was half an Hour before.
Burn. My Lord, he is an old Rogue; he brings up Youth to Thievery, and then Swears against them for the sake of the Reward.
Ingram. The Night this Robbery was Committed, I was at the Magpye at Holbourn-Bridge, and Burn and Jones came in there; my Mother persuaded me to go out of the way, and with long Persuasion I did: I knew nothing of these Fellows, not I. To Ingram's Character, John Ingram , John Thomas and William Gill , appear'd.
Ingram. If the Rogue had not Swore so heartily against me, I could have had 40 more to have appear'd for me.
Burn I serv'd his Majesty; but have fell into bad Company; I was just about to leave off, when the Evidence Jones Swore this against me. * My Lord, when Jones and I, and Ingram, stole the Weights, it wanted half an Hour of Dark, and he only went up the next Alley with them to his Wife, and while he was gone, we did this, so it could not be Dark.
* This Declaration, and the Prisoner's Questions with Regard to the Time, and the Doors being fast, were to make the Burglary doubtful.
Both acquitted of the Burglary. Guilty Felony .
11. Ann Woodcock , of St. Mary le Strand , was indicted for stealing a Linnen Gown, value 6 s. a Pair of Tabby Stays, value 10 s. a check'd coloured Apron, value 2 s. a flaxen ditto, value 2 s. The Goods of Mary Cattle . April 5 .
Mary Cattle . The Night these Things were taken, I was a bed, and the hard falling-too of my Chamber Door 'wak'd me; I got up directly, and miss'd my Cloaths; I saw the Woman at the Chamber Door, and upon my calling out, she dropp'd the Things, and ran down Stairs into a Room on the next Floor, where she hid her self. When she was taken, she said, she knew nothing at all of the Matter.
Samuel Line . I keep the Swan Tavern in the Strand . On the 5th of April, between 11 and 12 at Night, I was behind my Bar, and heard a screaming out; I ran up Stairs, and found my Servant (Cattle) at her Chamber Door in her Shift; she told me a Woman had been in the Room and had taken her Cloaths, so I took the Candle and went into a Room below, and took the Prisoner from behind the Door, and had her before a Justice, and he committed her.
Defence. I was going along the Strand with another young Woman, and we went into this House to drink a Pint. My Companion went up Stairs to enquire for a certain Person, and I went up to enquire after her; when I came to the Top of the Stairs, the young Woman met me, and screamed out so, that I was terribly frighted: the Gentlewoman is welcome to say what she pleases, but I had nothing upon me; she did not see me drop any Thing. When the Gentleman came up Stairs, I told him I was an Acquaintance of the Witness.
Line. She said no such Thing.
Prisoner. I mean'd, I was an Acquaintance of the Woman that went up Stairs, and I only went up to look for her, and the Witness cry'd out, and frighted me, as well as her self: - pray, Madam, what Cloaths had I on?
Cattle. I told my Fellow Servants she had a Hat on, and a Velvet Manteel; but it prov'd to be a Scarlet Cloak.
Q. Was there not another Woman with her?
Q. Was it light or dark?
Cattle. 'Twas very Moon-light; and there's a Sky-light on the Top of the Stairs, that I could see very plainly.
Line. There was a Man and another Woman came in with the Prisoner, and the Woman did say, she knew something of her, but the Man did not.
Prisoner. My Lord, 'tis a House that any Gentleman may carry a Woman into, for a Pint of Wine. Acquitted .
Emmet Lawrence . March 29 Acquitted .
14. Elizabeth Mountague , of St. Andrew Holborn , was indicted for stealing a Pair of Brass Candlesticks, value 18 d. a Sheet, value 5 s. a Callimanco Petticoat, value 6 d. the Goods of Elizabeth Webb . April 7 . Guilty 10 d.
17. Elizabeth Kerr , of St. Paul's Covent Garden , was indicted for stealing two Pewter Pint Pots, value 6 d. the Goods of John Saunders ; three Pewter Plates, value 2 s. the Goods of Edward Hampsted ; and three Pewter Plates, value 2 s. the Goods of Samuel Stafford . March 3 . Acquitted .
18. Barbara Mecklin , of St. Margaret's Westminster , was indicted for stealing a Scarlet Cloak, value 5 s. a white quilted Petticoat, value 1 s. a Dimitty Petticoat, value 1 s. two Cane Hats lin'd with Blue, value 3 s. and a Cambrick Handkerchief, value 6 d. the Goods of John Turner . March 10 . Acquitted .
19. Margaret Smith , of St. Margaret's Westminster , was indicted for stealing an Iron Pot, value 1 s. one Pewter Quart Pot, value 6 d. and a Holland Mob, value 2 d. the Goods of John Frazier . March 9 . Acquitted .
20. Mary Wilson , of St. Andrew Holborn , was indicted, for that she being big with a Male Bastard Child, by the Providence of God the said Bastard Child, did privily bring forth alive, March 22 . And for that she the said Mary, on the said Child did make an Assault, and with both her Hands, the said Child, in a certain Flannel Petticoat, did wrap and hide, (the said Child being then alive) by Reason of which wrapping and hiding the said Child was smother'd, and of which smothering it instantly died .
She was a second Time indicted on the Coroner's Inquest for the said Murder.
Mr. - Jodrell. This unfortunate Affair happening in my Family, Justice Chamberlen bound me over to prosecute.
Before the Prisoner at the Bar was taken into my Service, we endeavoured to make what Enquiry we could into her Character. She was recommended to us, as having been a Servant to Mr. Young, an eminent Druggist in Cheapside. I found she had been five Years in his Service, and that during all that Time, she had behav'd honestly, soberly, and as became a good Servant. On this Character I took her into my Family, and she continu'd in my Family 13 Months, and answer'd Mr. Young's Character in every Respect. I entrusted her with Money for the Service of the Family, which she always regularly and duly accounted for, and behaved soberly and virtuously, and was a diligent and industrious Servant. My Health calling me into the Country, I left her and a Man-a Footman, in the House; 'twas during that Time that she was seduced by this Servant left in the Family with her. She having behav'd in this Manner, gave me less Reason of any Suspicion that she was with Child. But on the 23d of March last, my Wife brought me Information that a dead Child was born, and that the Cook-Maid, the Prisoner, was the Mother. I was surpriz'd at it, in Regard that neither I, nor any of the Servants, nor my Wife, had any Suspicion, that she who behav'd so well, would have been guilty of such a Fact: But the Child being dead, I thought it incumbent on me to consult a Justice of the Peace; and I went the same Day, the 23d of March; it was discover'd the preceeding Day that the Child was born. About 12 o'Clock the following Day, when it was told to me, I discover'd it to Mr. Justice Chamberlen; he came to my House, and thought it proper to send for the Coroner, to make Enquiry. Accordingly the Coroner and Justice Chamberlen, went up and took her Confession in Writing, which I believe will be given an Account of. It was always related in the Family, before the Coroner's Inquest, and afterwards, that she constantly declared the Child was born dead, and that she never heard it cry, and there was no Marks of Violence upon it. The Justice and the Coroner went up to see it; some Time afterwards I went up and saw it, and on a View of the Child, there did not appear the least Marks of Violence. And since I have nam'd Justice Chamberlen, I think I ought to declare, he behav'd with the greatest Justice as a Magistrate, and with the greatest Tenderness and Compassion as a Christian; and if my Judgment on Oath may avail, I think from the Character of the Maid while she liv'd with Mr. Young, and during the Time she liv'd with me, and from other Circumstances of the Case, the Child was born dead, and it had no Marks of Violence upon it.
Mr. Jodrell. I declare I think she would not, on any Account whatever.
Mrs. Jodrell As Mr. Jodrell has said before, she behav'd with that Manner, that we had not the least Suspicion, till Wednesday the 23d of March, when on a little Rumour I heard in the Family, I went up into her Chamber, and by looking into her Bed, I thought a Child had been born: I came down and acquainted Mr. Jodrell with it: He desired me to take Nurse Carpenter (who has liv'd 23 Years in our Family) with me, I asked her if she had had a Child born; she fell on her knees and said, For Christ's Sake forgive me, there has been one, but 'twas born dead. I asked her, what she had done with it? She told me, it was in that Box: Upon which I order'd Nurse Carpenter (I think) to look into the Box, and she took it out, and put it into my Lap: I look'd it carefully over my self, and found no Marks of Violence, in no Manner of Kind. I asked her if she was marry'd? She said, no. I asked her who was the Father of the Child? She told me, the Under Footman, John Gosling , who was left in the House with her. I order'd her to be put to Bed, and Mr. Jodrell sent for Mr. Justice Chamberlen and the Coroner. I was inform'd it was proper to see if she had made Provision for the Child, so I looked into her Box, and there found a Bundle of Rags done up together, which, in my Opinion, may be useful on that Occasion; but there was no Work perform'd upon them; for she said she came three Months before her Time: I look'd farther, and found five Guineas in Money. There were proper Pieces for Shirts and Night-caps; she said she was mistaken in her Reckoning, and by what I have heard, many an honest Woman had been mistaken in such Cases.
Q. How long before you saw the Child, did you apprehend it might be born?
Mrs. Jodrell By her own Confession, the Day before, at 12 o'Clock. She always behav'd in so modest a Manner, that I was greatly deceiv'd in her.
Q. Do you think she would be guilty of so great an Offence as killing her own Child?
Mrs. Jodrell. Farthest from it of any one: as I am on Oath I think so.
Mrs Carpenter. I can give no juster an Account than what my Master and Mistress have done: I question'd her about it, and she said the Child was dead born, and that was the Reason she call'd no Assistance. I examin'd the Child, and not the least Mark of Violence, or any Thing to give Suspicion that she had done any Thing to take its Life away. I think the Child that was at its full Time, but I never saw a Child that was born before its Time, so I am not a proper Judge.
Mrs. Jodrell. I was at a Labour, where a Gentlewoman came 2 or 3 Months before her Time, and the Child is alive now, and a Man grown; it was her first Child; and this is the only Instance I ever saw. I have been mistaken six Weeks in my own Reckoning my self.
Mr. Justice Chamberlen. As Mr. Jodrell has been telling you, he came to me, and informed me of this Misfortune, and I went to the House and saw the Child, and the Coroner's Inquest sat upon it: The Surgeon is in Court, and he will give a better Account of it. There is her Exation; she wrote her Name to it, and confessed it to be true.
'' This Examinant confesseth and saith, That '' yesterday she was deliver'd of a Male Bastard '' Child, which was born dead: That she wrapped '' it up in a Flannel Coat, and put it into a '' deal Box, and designed to get a Friend to bury '' it privately, that it might not be known to the '' Family. Being asked, why she did not discover '' her being with Child, saith, If any one had '' question'd her about it, she would have own'd '' the same; that she had made no Provision, nor '' told any one of her being with Child; and that '' she expected it would have been three Months '' longer before she should have been deliver'd.
Mr. Young. The Prisoner at the Bar was my Cook-Maid five Years; during which Time she behav'd soberly, honestly, and as virtuously as any I ever had in my Life; and I believe is very unlikely to be guilty of so cruel a Thing.
The Surgeon. At the Request of Mr. Jodrell and the Coroner, I view'd the Body of this Child; 'twas as fairly born as any Child in the World, and had no Marks of Violence upon it. The Coroner desired me to try the Experiment on the Lungs, which is commonly done on such Occasions 'Tis the Opinion of some, That if the Lungs float in Water, 'tis a Sign the Child was born alive, and had breathed; if they do not float, the Child was born dead. On trying the Experiment upon the Lungs of this Child, they
Prisoner. I never liv'd in any Family where any Woman lay-in, and had no Knowledge what was to be done in such Cases. I expected I should not be deliver'd in 3 or 4 Months; and when my Master and Mistress was gone into the Country, I intended to make up the Things I had by me. Acquitted .
21. Eleanor Smith , was indicted for stealing 8 Yards of Stuff, 26 Yards of Silk and Stuff Poplin, 3 Yards and a half of Tabby Silk, 2 Yards of Sarsenet, 1 Yard of Sattin, 13 Yards of Silk, 12 Yards of Burdet, 2 Yards of Damask, 7 Yards and a half of Shagreen, 3 Yards of Mantua Silk, 25 Yards and a half of Persian, and a Spying-Glass, the Goods of Arabella Evans , in her Dwelling-House at St. Margaret's Westminster . March 7 .
Arabella Evans. If your Lordship pleases to swear Justice Frazier; he has an Account of the Goods; he has seen them all, and will be a Witness for me.
Q. Why can't you tell what you lost?
Evans. Really they are so many - There's Things of all Sorts, Damasks, Mantua Silk, Poplin, Stuff. I keep a little Mercer's Shop , and took this Prisoner for my Maid ; her Master that she liv'd with before, told me she was honest, but I soon found she had a very saucy Tongue. Here, - where's the Constable? There's Justice Frazier, she own'd all the Goods to him, and he said he would be a Witness for me. Some of them she cut off of whole Pieces, and sometimes she took the whole Pieces; I'll swear they are all my own, and I have got the Remnants to match with some of them. This Italian Mantua Silk, she took to make her self a Gown and Petticoat; here's Sattins, Damasks, and every thing; here's all Sorts, and here's the Spying glass.
Q. When did you lose all these Things?
Evans. She went away from me on a Wednesday, 'tis a Matter of two Months ago. She lay in the Shop, and I suppose she got my Goods, by Piece-meal and Piece-meal, when I was a-bed.
Q. Did you miss them while she was with you?
Evans. No, no, I miss'd them after she was gone, and now I come to look over the Shop, I miss a great many Things more.
Q. How come you to think the Prisoner had them?
Evans. O my Lord, I found them upon her; they were in her Box, in her Lodging in Moore's Yard, by Church-court.
Q. Were they all found in her Lodging?
Evans. Part in her Lodging, and Part where she had left them, in order to their being pack'd up and sent off. When I own'd the Goods, she begg'd me not to prosecute her; - but why Nelly, says I, did you do so? Why the Devil pospossess'd me I think, said she. She told me that a Maid, who was an Acquaintance of her's, came to see her, and advis'd her not to cut off any more Bits, but to take the whole Pieces.
Q. Where were the other Things found?
Evans. I found some in Feather's alley. Here, why don't some of the Witnesses speak too? Why this Bundle I found at Mrs. Jane Tyree's in Feathers-alley, and the Goods in it are Part of what I lost.
Q. How do you know she carry'd them there?
Evans. Why she own'd she did. Ask her upon her Oath if she did not? If you require any more Questions - I say these are my own Goods; I can say no more.
Prisoner. She swore to a great many of my own wearing Things; she took the very Pins and Aprons out of my Box.
Evans. O, the Creature! She took all my Grandchild's Frocks, which cost me 14 s. apiece.
Prisoner. She took the Gown off my Back, and her Pretence was, that she could match it in her Shop.
Evans. Pray let Mr. Justice Frazier be sworn.
Charles Walker Mrs. Evans brought me a Search Warrant, and I executed it. In her Lodgings we found a Poplin Gown, made up, and some of the same Stuft. While we were searching the Prisoner came in, and I secured her; we found several Things more, which have been ever since in my Custody. The best Part of the Goods was found in her Box, and Mrs. Evans was present. When we were going to the Justice, the Prisoner desired us to stay a little, and she would tell us where the rest of the Things were. Mrs. Evans taxed her with a Piece of Burdet, and she said, she had sold that to an Old Cloaths-Man,
Q. How come you to search Tyree's House?
Walker. The Prisoner was in the Gatehouse, and Mrs. Tyree came to Evans and inform'd her, that probably, some of her Goods might be found in her House. I asked her if any one was concerned with her, and she told me a Maid that used to come for Victuals in a Morning, advised her to it, and not to cut Bits off, when she had the same Opportunity to take the whole Piece. She told me, this Maid lodg'd some where at an Alehouse in the Hay market, but would not say who she was, nor tell me the House; only she said, she was a Welch woman.
Jane Tyree My Husband is a Taylor: We live in Feathers-Alley, but we keep a Stall against St. Martin's-Court. The Prisoner brought this Bundle to me, one Morning before I went to my Husband in his Stall, and desired me to take care of that Bundle for her, and told me, there was a great deal of Money's worth in it. I put it into our Room and went to the Stall to work. When we came Home at Night, she came again, and asked for her Bundle, come says she, I'll show you what I have got, and so she open'd the Bundle. Why, says I, you have bought a great many good Things; yes, says she, pray lend me a Yard: I bought all these Things in Piccadilly. When she had measur'd them, she said, the Measure was rather too short; why if 'tis so, says I, carry them back to the Man. No - she would not she said, for tho' the Measure was short, - she had them cheap enough, and I must keep them, 'till she call'd for them. This was on the Thursday, and on Sunday following, a Man came from the Gatehouse and enquired in the Alley for one Tyree; he found us out, and look'd like a credible Person. He asked me if I knew one Eleanor Smith. I told him no, for I did not know her Sirname: She knows you, says he, and she desires you to come to her; she is in the Gatehouse for thievery; so after Dinner I went, and she desired me to send her the Bundle, and I told her she should not have it; then she desired my Husband to pawn it, and bring her the Money, and she would satisfy him for his Trouble, but he said he would not do such a Thing for an hundred Pounds. After this we found out Mrs. Evans, and she own'd the Goods.
Esther Boyle . The Prisoner lodged in my House. On Saturday May the 5th, Mrs. Evans and another Person enquired for her, and told me they had a search Warrant; they found this Poplin Gown made-up, and these other Things in her Box which Mrs. Evans own'd. She sent the Box into my Apartment by a Porter, and when Mrs. Evans and the Constable came to search, she was not at Home, but she came in before they had done searching, and I fell upon her, and call'd her all to pieces for being guilty of such a Thing; tho' what she had at my Apartment, were but trifling Things. Before the Justice, the Prisoner own'd a Piece of blue Burdet to be Mrs. Evans's, and promis'd to let her have it again, and there was likewise some Remnants found in her Box, which the Prosecutor own'd.
George Ewell . I was present when the Prisoners Lodging was search'd, and when the Things were found; she confess'd she had taken a Piece of Burdet, and promis'd (if her Mistress would let her go) she would help her to it again: She said the same before Justice Frazier, and the Justice told her, if she would tell where it was, he would send for it; then she began to equivocate, and said she had sold it, to an Old Cloaths-Man. This was on Saturday, and on Monday the rest of the Things were found at Tyree's, and the Burdet among them.
Prisoner. It was a Woman that lay a Fortnight with me, that took them: I know nothing of them. Guilty 39 s.
Richard Uriel. I only swear this Coat is mine: I carry'd it to be scower'd at Mary Myers's, and she told me it was stolen out of her Window.
Richard Heatley . The Prisoner brought this Coat to sell in Rosemary-Lane. A Man that lives there agreed to give him 8 s. for it, but was dubious about his Property in it; I being present, the Prisoner said, if I would go with him, he could satisfy me about his Character; so I went with him to one Bigs's against St. Giles's Church, but he was not to be spoke with; then he carry'd me
Myers. This is Uriel's Coat.
Uriel. This is the Coat I carried Myers to clean.
Defence. I went to Rosemary-Lane to buy a Coat, and as I was going along, I met a Man with this upon his Arm, and I bought it; 'tis a great deal too little for me indeed, but as it came cheap, I bought it; I gave 6 s. and a full Pot of Beer for it.
Q. This is a good Defence; can you call your Witnesses and prove it?
Prisoner. No, I have no Witnesses. Guilty 10 d.
24. Susanna Moore , otherwise Page , of St. Martin's in the Fields , was indicted for privately stealing a Silver Watch, value 4 l the Goods of William Webb , from the Person of Robert Thompson , March 18
Robert Thompson. I was coming thro' St. James's Park the 18th of March, about 9 o'Clock at Night, and the Prisoner met me. We were acquainted before; Robin, says she, what makes you out so late to Night, are you come away from your Master? No, says I, I am just come from Kensington with my Master's Watch, and I am going Home with it as fast as I can. I went away from her a little Way, and she call'd me back again, Robin, Robin, says she, give me one Kiss; I did so, and went from her again; but I had not gone far, before I miss'd the Watch. Upon this I ran back and catch'd her; I challeng'd her with it, and another Woman that was with her, but she ran away. I held the Prisoner, and while I was charging her with the Watch, a Man came up and ask'd me what Business I had with his Wife? but one of the King's Footmen coming up with a Flambeau, he ran away, and I brought her down to Spring-Gardens, and asked her to give me the Watch again: She made no Answer at all, so I carry'd her to a House, and gave her a Pint of Beer, yet she would not give it me, and somebody at this House knowing my Master, sent for him, and he brought this Gentleman with him; they likewise asked her for it, but she would say nothing about it, she would not say whether she had it, or had it not, only she own'd she saw it in my Hand. My Master sent for the Marshal's Man, and she was search'd, but we could not find it.
Q. Where does your Master live?
Thompson. At the George in King-street, Westminster.
Prisoner. He was talking with two other Women when I came up to him; so I pass'd him, and 'twas he that call'd after me.
William Blackman . On the 18th Day of March, - as I verily believe it was, - in the Evening, there came a Man, - they call'd him an Hero-man, and inform'd Mr. Webb (as how) his Boy had lost his Watch; I went with him to the House where the Boy and the Woman were detained. I requested and desired, and said to her, I understand by the Story, you have got the Watch, for God's sake make Restitution: For all I requested and desired her so much, she only laugh'd at me, and bid me kiss her A - se, and I know not what besides, and somewhat else, not fit to repeat to the Honourable Court. So next Morning we went before the Justice, - and a very worthy honourable Gentleman he is, and he examin'd her in a very handsome Manner indeed; he examin'd that Mrs. Susannah Moore , otherwise Page, concerning the Premisses, but she would say nothing at all about it; so the Justice was so good, my Lord, as to commit her to Newgate: And-when we were all coming out at the Door, she told the Lad, if she had a Knife about her, she would stab him in the Jaws. Where's Mr. Webb? He's somewhere in Court, - I'm sure I have been here these 3 Hours.
Blackman. So far I can say, that the Lad is a sober just young Man, and would not do wrong to any one.
Q. Yes, he is sober and silly too. What Pocket did you put the Watch into?
Thompson. My left Coat Pocket.
Prisoner. As I came cross the Park, he pick'd me up, and after we had shook Hands, I parted with him; afterwards he came back, and said, I had robb'd him. I told him I knew nothing of it, and they searched me, and found nothing upon me. Acquitted .
Ann Oakes. The 3d of March, between 7 and 8 o'Clock at Night, I was just stepp'd about a Yard and a half from my Window to cut a Candle, and the Sash (which was pin'd down with a great Nail) was thrust up; I saw a Hand put into the Window, and that Hand took out a Silk Cap, a Hoop Coat, and an Ell of Holland, and a Bundle of Holland beside. I never pursu'd after the Thief, nor ever thought of hearing more about the Matter; but Mr. De Veil sent for me, and this Evidence informed against the Prisoner.
Samuel Piper . I and the Prisoner committed this Robbery: Cook shov'd up the Window and took the Hoop; I came after him and took the Cap: There was some Linnen, but he said 'twas of no Value, if it was, he kept it to himself. How he unfasten'd the Window I don't know; he understands those Things better than I, but I had part of the Goods and was concern'd with him. 'Twas about 8 or 9 Weeks ago, at Night, and it was dark, but there was a Candle upon the Counter. I remember I saw this Mrs. Oakes in the Shop, and she came to the Door twice; the Moon shone, but we stood on the shady side of the Way, where she could not see us.
Cook. I know nothing of it; he's welcome to Swear what he pleases.
Piper. He was a Evidence himself last Sessions. Acquitted of the Burglary. Guilty. Felony.
Ralph Maddox. I can only say I lost a Gallon Pot at that Time; I don't know who stole it.
Cook. He's welcome to Swear what he pleases; I'm cast for Transportation already. Guilty .
28. He was a 4th Time indicted with * Peter Benyan , for breaking and entring the House of Charles Timbrell , and stealing 5 Copper Pattipans, value 5 s. and 5 Tarts, value 10 d , March 6 . Both Guilty Felony only .
Harry House . About the Time mentioned in the Indictment, we were call'd up by an Alarm of Fire. Mr. Rawlinson was in the Country, and I lay in the House. When I came down to the Door, I found a large Quantity of Straw, but the Fire was put out. I went out with some Watchmen, and we found the Prisoner loitering about the House between 1 and 2; we asked him what Business he had there, he told us he only sat out of the Rain; (for it rain'd very hard). We then desired him to go about his Business, and he swore at the Watchman for turning him away. At Charing-Cross we found him again upon a Bulk; we turn'd him away from thence, and we went to search the Night Cellars for suspicious Persons: when we returned Home, we found him again before our House, so I charged the Watchman with him, and he was carry'd to the Watch-house for that Night, and next Morning he was brought before Mr. De Veil, there he confessed the Fact, and the Justice took his Examination.
Mr. De Veil. When the Prisoner was brought before me, I did not find any Proof of the Fact charged upon him, but he was pleased to acknowledge it himself. He told me he had been in a melancholy Way, and that he did this, in Order to be Hang'd. He behav'd Modestly, but he seem'd to be in a very heavy dull Condition, and said, he wanted to get out of this Life, and in order thereto, he committed this Fact. As he confes'd the Fact, I thought it my Duty to Commit him, that it might appear whether he was compos Mentis or not.
George Bannister . I was leaning out of my Box, between One and Two in the Night, and saw a smother at Mr. Rawlinson's Door; I went out and found this Basket and a great deal of Straw against the Door, and a lighted Candle was put into it, and the Candle was cover'd likewise with Straw. I did not see any Body put it there, but when I took it away, I heard some body curse me, and swear the House should be down before Morning. He
David Wetherhead . About five or six Weeks ago, I was a Bed with him, and he told me the House was on Fire below Stairs, and would not be easy till I went down to put it out. I told him there was no Fire; however, to satisfy him I went down, and found every thing safe. He always look'd very melancholly.
William Taylor . I have known him above a Year: I took him for a very sober Lad, but I have heard of his falling in strange Phrenzies and Disorders of Mind. I went to see him in Prison, and asked him what he mean'd by this strange Act of his? I ask'd him if he had any Design to plunder, or had any Resentment against the Man of the House. No, he had no View he said, but only to the ending his Days. I think him distemper'd in his Mind, and that he is of a very melancholly Disposition.
Thomas Rowel . I have known the Prisoner a Twelve-month; he's a very sober Fellow, and a Shoe-maker by Trade: He is not addicted to Liquor, but lives in all Sobriety. I have heard some People say, they were afraid he would hang or drown himself. Acquitted .
Thomas Newman, I live at the Blue-Boar-Inn in Holborn . I lost this Clock off the Stair-case, and advertis'd it, but heard nothing of it, some Thieves being taken up at Westminster, one of them turn'd Evidence, and inform'd me, that the Clock was at one Mrs. Garton's, a Pawn-broker in Long-Acre.
Samuel Steere . I gave this Clock to Mr. Newman; it had been in my Possession and hung in my Chamber at Christ-Church in Oxford, 2 Years. I know it from an hundred; there are Holes in the Case to hang it against the Wainscot, and the Pendulum is a little bent. I sent it from Oxford to Mr. Newman's.
Ann Garton . I am a Pawnbroker, a single Woman. The Prisoner at the Bar lodged in Red-Lyon Court, in the House of one Reeves; the Prisoner and Reeves brought the Clock to me, and I lent half a Guinea upon it. I am sure the Prisoner was the Person that brought it to me, and he order'd me to deliver it to no body but him.
Charles Walker . There were some People taken up on Suspicion of uttering false Money, and one of them turned Evidence, and inform'd about this Clock, and where it might be found. He said it was stole by one Liberty, from Mr. Newman's in Holborn. I acquainted him with what I had heard, so he got a Warrant, and found this Clock at Mrs. Garton's, which she deliver'd to us.
Defence. Liberty brought this Clock one Night into my Lodging, and Mr. Reeves pawn'd it for him the next Morning at this Gentlewoman's. Liberty ow'd me 4 s. 6 d. so I went to her, and desired her not to let the Clock go till she saw me, telling her that the Man owed me Money.
Mrs. Garton. The Prisoner and Reeves brought it to me, and the Money was paid to the Prisoner.
C. I would ask Mrs. Garton a Question: In the Way of your Trade (and 'tis a very bad one) don't you enter the Names of Persons who bring you Goods, and the Money you pay them, in Books?
Mrs. Garton. Yes. The Prisoner said it was his, and he bid me enter it in the Name of Thompson, and deliver it to none but himself. Guilty 39 s.
34. James Carter , of St. George's Middlesex , was indicted for assaulting Thomas Orrel on the King's Highway, putting him in Fear, &c. and taking from a Silver Watch, value 3 l. 3 s. and 8 s. in Money . April 15 .
Thomas Orrel. On the 15th of April I was at Mr. Essex's Ball, in Old Gravel Lane, Wapping, and between 1 and 2 in the Morning I was comingBroad-Street (Wapping) by the Prisoner and another Man. He at the Bar clapp'd a Pistol to my Breast, and bid me stand and deliver, or I was a dead Man: This he repeated two or three Times. I am sure the Prisoner is the Man, for we had a Lanthorn before us, with two Candles in it, and I could distinguish his Face very plain. He was at Work but the Day before, scraping the Ship that I belong to; I knew him again, and am positive he was the Man: He took my Watch, and 8 s. in Money from me, and made off directly with his Consort. My Company ran away when they saw I was attacked by two Men.
Prisoner. I was a Bed that Night before Ten o'Clock. Pray what Cloaths had I on?
Orrel. The same dirty Py'd-Jacket that you have on now.
Prisoner. By what other Marks do you know me?
Orrel. By your one Eye.
Prisoner. Why there's more Men than my self who have got but one Eye - You are very positive Sir.
Mary Wetherden . I was coming home with Mr. Orrel from the Ball, and a Man came up and bid him stand and deliver, and be quick, or he was a dead Man. I turn'd my self round, and seeing another with a Club at my Elbow, I ran away; so I can't say, I saw either of their Faces.
John Richardson . I was the Person that li't them home from the Ball between One and Two. Mr. Orrel was attack'd by two Fellows at the End of Johnson-Street: One of them pass'd me and pull'd out a Truncheon: After he had pass'd by, I turn'd about, and saw the Back of the Man that had stopp'd Mr. Orrel, and he held a Pistol to his Breast. I heard him say, - Sir your Money, or you are a dead Man; upon this, the Company that was with him, ran away and left him, and I made the best of my Way after them, - that's the Truth on't.
Mary Miles . I was in Company with all these Gentlefolks at the Ball. There was a Man stopp'd Mr. Orrel as we came Home; I was frighted and took up my Heels and ran as fast as the rest of them. When we got Home I would have had a Gentleman to have gone back with Mr. Orrel to see for the Thieves; No, says he (Orrel) I don't chuse to go back again, for I don't know the Man. Mrs. Wetherden said, I have a Suspicion of the Man that scrapes your Ship, I'll call him in, in the Morning to look at my Birds: Mr. Orrel was not positive to the Man over Night, but next Morning he was, and yet he told the Justice's Clerk afterwards, he could not be sure, whether he was the Man, or not.
Jane Kennington . I live right facing his Window; the Night this Robbery was committed, I saw him come Home about 9, and I saw him get up next Morning and go out; (whereof) he asked me what it was o'Clock, and I told him between six and seven.
Mary Pearce . I had left my Place, and could go no where else to lodge, but in his Apartment; so they made me up a sort of a Bed upon the Floor, in the same Room where he and his Wife lay. He went that Night to bed about 10, and never went out 'till between 6 and 7 next Morning. I was awake between whiles in the Night and talked to him. On my Oath I am sure of this.
James Warrener . Last Friday the Prisoner was carrying before Justice Farmer, and the Officer brought him into the Angel in Well-close-square. Mr. Orrel desired to speak with me in private in a back Room; there he told me that he had taken the Prisoner on Suspicion, but that he neither could, nor would swear to him. I imagin'd upon this that the Justice would discharge him, but when he came before him, he swore positively to the Man.
Orrel I did ask this Gentleman if he could save his Life, - I said no farther than that.
Q. Did not you declare that you would not swear to him? You are upon your Oath.
Orrel. I said I was positive to the Man, when I talked to this Gentleman in the back Room. Acquitted .
Latchlin Ross , in their Shop in the Parish of Kensington , March 10 .
William Ross . On the 11th of March about five in the Morning, a Watchman came from St. Giles's, and knock'd us up, and enquired if we had not been robb'd? we found that a shew Glass near the Window had been broke, and it must have been done before the Shop was shut up, for the Shutters of the Window were whole and fast. The Goods mention'd in the Indictment, were taken out of this Shew-Glass, which I am sure was whole (and the Goods were in it) about a Quarter of an Hour before we shut up the Shop.
Latchlin Ross. His Evidence was to the same Effect.
Q. How old are you?
Haines. I was 14 last October.
Q. Do you know the Nature of an Oath?
Haines. Yes; I should not take a false Oath against any Body, if I do, I shall go to Hell; the Devil will have me, and I shall burn in Fire and Brimstone for ever. - We set out from Blunt's Cellar to Kensington the 10th of March; it was not quite Dark when we got there, so we walked up and down 'till Kensington Clock struck eight. Then we came to this House, and Powel took a Knife and cut the Putty from a Pane of Glass and took the Glass out; then he let some of the Glass fall down, and I took the rest out of his Hand and put it into a Cart-rut. When he had clear'd the Glass out, he took out the Silk Handkerchiefs and I took out four Pieces more, and five Pair of Stockings: then the Prisoner Starr came up, and he took out several more; how many, I cannot tell. Blunt and Drummond took out more. Powel made me try again, and I got more; but we observing a Gentlewoman to stand at some Distance, we were afraid of being discover'd, we bundled up the Things and carried them in our Bosoms and Pockets to Blunt's Cellar in Church-Lane, St. Giles's. (in this Cellar he sells Gin, and harbours Thieves and Pickpockets) When we came to Blunt's, we found there were seventy Handkerchiefs, and five pair of Stockings; that was one Pair for each of us, and the odd Pair was made a Present of to Blunt's Wife. We intended to sell all we had got the next Day, so we bundled them up again, and put them under Blunt's Bolster, and then we all went to Bed. Presently after this, Mary Steel , Drummond's Wife came in and told us, that Blunt would certainly cheat us out of some of the Goods, because we were (all of us) drunk so William Starr went to Blunt's Bed, and would have the Goods from under his Bolster. Blunt would not part with them, but after some high Words, he threw them at him, and got out of Bed in his Shirt and charged the Watchman with Starr, and Starr charged the Watchman with Blunt. So the Discovery was made.
Q. How long have you been acquainted with this Company?
Haines. Not above three Months: My Father sent me to Tothill Bridewell, for stealing some Half-pence from him, and there I got acquainted with Starr. We us'd to be at Blunt's Cellar all Day, and at Night we us'd to turn out. If we had no Money he'd trust us, even to the value of 5 s. He supply'd us with Gin, and boil'd two-penny Mutton Chops for us. I came acquainted with Powel, at one Marget Fox's in Church-Lane, who was cast last Sessions for Transportation. Powel would have been glad to have been made an Evidence that he might have sav'd Starr, for Starr and he were born at Bristol, and were Townsmen.
Q. Does Blunt sell Gin, in his Cellar now?
Haines. Now - no not now, - but his Wife does.
Lawrence Nott , Constable. Between twelve and one at Night March 10, Blunt came into the Watch-house in his Shirt, and Powel was with him; they called one another Thieves, and Powel said, he could carry me where I might take ten Thieves more. As I was going to take these ten Thieves, I met this little Boy (the Evidence) and Blunt's Wife, coming along with the Goods. Powel carry'd us to Blunt's Cellar, where we found Drummond and five Boys more. I intended Powel for an Evidence, but Mr. De Viel not thinking him ingenuous in his Confession, admitted this Boy ( Haines ) to be one.
Prisoner Blunt. They did come to my Habitation with about Half a Guineas-worth of Things, and afterwards when I was asleep, they brought in more and put them under the Beds Head, and my Wife and her Sister serv'd them, out of the Gin that I keep for my own drinking, to the Value of 2 s. 4 d. farthing. I found something was under my Head, and mistrusting 'twas not
Blunt to Haines Did I ever sell any Thing for you, or take any Thing in Pawn from you?
Haines. Powel sold him a pair of ribb'd Stockings, but the Day before he was taken up. As he entertained us, we generally was in his Debt, so whatever we got, we brought to him, and left them with him till they were disposed of, and then we always paid him what we ow'd him. We ow'd him about a Crown when this Quarrel happen'd, and he would not be content to have 2 or 3 Pieces of Handkerchiefs, and that occasion'd this Riot. He was indeed at the taking of them, and got as many of them, as any one of us all.
Starr's Defence. In the first Place, my Lord, Haines and I, and 2 or 3 young Women, went to see the Men hang in Chains, and as we came back thro' Kensington, one of our Company said, there's a Chance for some Bird-ey'd Handkerchiefs; so we came to Blunt's, and resolved to set out the next Day: Accordingly next Day we went to one Adley's, and there we all din'd, and at 3 o'Clock we went to Kensington to rob this Man's Shop; we walk'd 2 Hours 'till 'twas dark, then Powel took out his Knife and cut the Putty, and took out the Glass, - so we got the Goods.
Haines. My Lord, this very Soldier was in the Cellar when we all came back from Kensington: All Guilty 4 s. 10 d.
Eliz. Cotchet. The Prisoner came to our Shop, and bid me bring a Pound of Sausages to the Royal Oak (a Publick House) and Change for half a Crown. I carried the Sausages and 2 s. to him there, and delivered them to him; then he sent me back for a Pound of Pork Stakes, and before I was gone from the Door, I saw him run down North-Street; I follow'd him, and call'd stop Thief, and he was taken at the Bottom of Gloucester-Street.
Prisoner. I am very innocent; 'twas the Mob that has brought me here. Acquitted .
* 44. Nathaniel Walkwood , was indicted for stealing a Hair Trunk, value 5 s. 5 Shirts, value 40 s. 3 Damask Table Cloths, value 10 s. 3 Diaper ditto, value 6 s. 12 Towels, value 6 s. 8 Diaper Napkins, value 12 s. the Goods of William Harvey , Esq ; 3 Shifts, value 10 s. 6 Aprons, value 10 s. the Goods of Susannah Singleton , 3 Linnen Shifts, value 5 s. and 6 Aprons, value 6 s. the Goods of Mary Rouse , March 19 .
* See Sessions Book, 1736. No. V.p. 147.
Joseph Mansfield . I am 'Squire Harvey's Servant at Chigwell, and carry their Linnen and Things backward and forward; for my Master Harvey has a Town House and a Country House. Mrs. Harvey delivered the Trunk to me in Gerrard-Street, to carry in the Cart to Chigwell; as I was driving down Monmouth street, Richard our Butler came to me, and told me, I must stay there 'till he went back for a Key, I did so, and when he gave me the Key, he said these Words, - as how I must meet him with the Waggon on Wednesday at the Victualling Office, to take up a Load of Oatmeal. When he had told me this I drove along, and when I had got to White-chappel , a Man came to me and said, as how he came from Mrs. Harvey, and he must have the Trunk, for she wanted some Linnen out of it, by the same Token, (says he) you have got the Key in your Pocket, and you are to come up on Wednesday to the Victualling-Office, and Richard the Butler is to meet you there. I believed this Man, and let him have the Trunk; I hope (help'd) it out of the Cart my self, and put it upon his Shoulder, and instead of carrying it to our London House, he
Councel. Did not he give you some Token, some Reason to make you believe he came from your Mistress?
Mansfield. Yes, but if I must tell all that, I must begin the Story all over again.
Councel. The Prisoner is indicted, because some body has made a Fool of the Man.
C I remember a late Case here of the same kind: + Dr. Turners's Daughter left a Box at a Bakers, and 'twas deliver'd to a Man, who told the Baker he came from her to fetch it away. 'Twas looked upon as a Deceit, and not as a felonious taking away.
Councel. You don't know what was in the Trunk?
Mansfield. No, I did not see the Things put up.
Susan Singleton . I have nothing to say against the Prisoner, but I was at the putting up the Things into the Trunk. I can't remember every Particular, but there was ten Shirts, six Table-cloths, - more Towels than I can name; eight bird-ey'd Napkins, three Shifts, and six Aprons of mine, and a great many more Things: I saw it go from our Door in my Master's Cart, and Mansfield drove it.
Councel. What Day of the Month was it?
Mansfield. I can't remember; 'tis about six Weeks ago, and it was on a Saturday between two and three o'Clock.
Singleton. 'Twas the 19th of March.
William Bevis . I was along with the Carter, when a Man (like the Prisoner) came to the Cart for the Box from Madam Harvey: He told the Fellow he had got the Key in his Pocket, and must call for the Box, when he came up again on Wednesday. The Prisoner is very like the Man that the Box was deliver'd to, but I won't swear he is the same.
Councel. Do you remember what Day of the Month this was?
Bevis. No; 'twas on a Saturday between two and three o'Clock.
Prisoner. What colour'd Cloaths had I on?
Mansfield. A darker Colour than you have on now.
Prisoner. I had the same Cloaths on that I have now.
Mansfield. I am sure he's the Man.
Councel. The Prisoner had been ill of the Stone and Gout, and the Day mentioned in the Indictment, was the first Day of his going abroad. About 11 o'Clock that Day, he went to a Skettle-Ground, and staid there 'till 9 o'Clock at Night, and the People we shall call to prove this, are People of Character; so there can be no Doubt of a Fraud in our Evidence.
Eliz Dobney . I saw the Prisoner the 19th of March at Mr. Prigmore's, the Sign of the Black Uncle at Cow-Cross. I saw him there between 10 and 11, and he staid there 'till between 9 and 10 at Night: He was ill of the Gravel and Stone; I carried him some Stuff, and went several Times in the Day to see how he did.
Q. What Day of the Week was it?
Dobney. On a Saturday
Q. How came you to remember 'twas the 19th of March?
Dobney. Because he was taken up the next Friday, and then I remember'd he was at this House the Saturday before.
Samuel Prigmore . The 19th of March I saw him at my Brothers, at the Black Uncle; I went there between 1 and 2, and I staid and supp'd there, at past 9. He was in the House and in the Yard all that Time: I don't believe he was 10 Minutes missing, while I was there.
Mr. De Veil. When the Prisoner was brought before me, he was very lame; his Wife and he came together, and they put their Defence upon this, - that he was at the Time when this Fact was done, so lame that he could not set his Foot to the Ground, and he and his Wife would have taken their Oaths, that he was not out that Day: but afterward, recollecting himself, he said he believ'd he was mistaken, for he had been at this Alehouse, and named some particular Persons to his Wife. Acquitted .
Richard Brocas ; and upon my asking him how he got my Apprentice's consent, he told me he began with him, by persuading him to let him have a pair of Shoes, and he would bring the Money for them in two or three Days, and then he might tell me, they were just sold.
William Webster . I have bought Shoes of Neal several Times; the first I bought of him, he told me he had won at Gaming; the next I bought of him he said he made himself at odd Times, when his Master had no work for him. I believe I bought 11 Pair of him in all.
C. I hope you gave a Market Price for them.
Webster. I gave as much as I could afford.
Prisoner Neal When I was first taken they got a Confession out of me, by promising to excuse me. I did carry the Shoes to Webster and he bought them.
Hurlock. I know nothing of his having the Shoes.
Hurlock Acquitted . Neal Guilty 4 s. 10 d.
47. Jonathan Adey , was indicted for stealing a linnen Handkerchief value 2 d. a canvas Bag, value 1 d. a Portugal piece of Gold, value 3 l. 12 s. one ditto, value 36 s. 16 Guineas, three half Guineas, and 3 l. 5 s. 6 d. in Money, the Property of Isaac Hone in his Dwelling House , in the Parish of St. Dunstan in the West , February 16 .
Isacc Hone. I had a Door in my House broke open, and a Chest of Drawers; I lost 27 Pounds in Money; there was a 3 l. 12 s. Piece, a 36 s. Piece, 16 Guineas, three half Guineas, and 3 l. 5 s. 6 d. in Money. I lost all this Money the 16th of February out of a Room up two pair of Stairs. I saw it all there, but the Day before in my Chest of Drawers. One Green was concerned with the Prisoner in the Fact, and it was upon his Information that I charged the Man at the Bar. He had lodged in my House, but had left his Lodging about a Week, and the very Day the Robbery was committed, he had been to pay me a Visit.
Prisoner. Did you see me go up Stairs?
Hone. No, I did not.
Thomas Bigg . Mr. Hone sent for me, and told me, he believ'd he had heard of the Men that had robb'd him; so I went with him to Shadwell to see for them, and could not find them; but returning Home, we met the Prisoner in Fleet-street, and carry'd him before Justice Robe; there he confess'd that Green was concerned with him in taking the Money; that Green took the Money and gave it to him. These are the Instruments they made Use of, in breaking the Door and Drawers, and we found them in a Cistern according to the Prisoner's Direction. He told us, that he waited at the Foot of the Stairs while the other got the Money, and when he had got it, he brought it to him. He said likewise, that he had bought him a Suit of Cloaths, with the Three-Pound-Twelve Piece, but he would carry us to a Place, where the rest was hid, and accordingly Mr. Hone and I and the Constable went to a Cellar with him, and at the Bottom of the Stairs we found 15 l. (all but 6 s. 6 d.) hid in a Bag.
Q. Did he tell you that he and the other Person went to the House, on purpose to do this?
N. B. We are obliged for want of Room, to omit several very remarkable Trials, which will be publish'd on Tuesday next; among others, are the remarkable Trials of Henry Bosworway , for the Murder of John Moore with a Hammer; Samuel Moreton , for assaulting John Vaus , and robbing him of a Watch; Richard Harper , for breaking the House of Richard Holyoke , and stealing a Box with 250 Guineas and other Money; Mary Brown (who was indicted by the Name of Mary White , in June Sessions, and convicted for Transportation) for robbing Mr. Hinchliff. James Kelly , (one of the Pyrates ) for the Murder of Robert Levermore , at Ranuce in Newfoundland; who were all convicted and received Sentence of Death accordingly. The remarkable Trial of Charles Donnahough , otherwise Dennis, for robbing Elizabeth Pullwash , on the Highway, for which Fact Morgan was lately executed; Irons, Border, and Liberty, for counterfeiting the Coin of this Kingdom; Thomas Hargrove , otherwise Yorkshire Tom, and Matthew Martin , for stealing three Guineas from Anne Davis , under the Pretence of exchanging for Queen Anne 's Money; and other entertaining and useful Trials, largely taken and too many to mention here.
Note. Whoever shall presume to print these TRIALS, or any Part of the same, will be prosecuted to the utmost Severity of the Law.
Wednesday the 20th, Thursday the 21st, Friday the 22d, and Saturday the 23d of April, 1737, in the 11th Year of his MAJESTY'S Reign.
Being the Fourth SESSIONS in the Mayoralty of the Right Hon. Sir JOHN THOMPSON, Knt. Lord-Mayor of the City of LONDON, in the Year 1737.
NUMBER IV. PART II.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane. M,DCC,XXXVII.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
Bigg. No; I don't remember that; but he said, the other Person went up Stairs, broke open the Door, and took the Money, and brought it to him at the Bottom of the Stairs, where he waited for him, and that he received it from him.
Prisoner. I said no such Thing; - I said nothing about his brioging down the Money.
James Holmes , Constable. This is the Money which by the Prisoner's Directions we found under the Cellar Stairs, and he said it was all that was left of it. He took it himself from the Place where it was hid, and deliver'd it to me; I told it over, - there was 14 l. 13 s. and 6 d. in it, and 'twas seal'd up before the Justice.
Hone. This is my Bag.
Constable. He directed us to the Instruments, and told us, they were the same with which Green open'd the Door and the Drawers.
William Geeen . After Mr. Hone had been robb'd, I went to him and told him, I was sorry for his Loss, and knowing the Prisoner to be but a sorry sort of a Fellow, I went the next Day to see him I told him his Cousen Hone had had a Loss, and finding him in a new Suit of Cloaths, I asked him, how he came by Money to buy them? I am afraid says I, that you have had a Hand in this Affair. He said no, he had not, but Mr. Hone's Sister had got her Sweetheart (a Journeyman Taylor ) into his Room; that this Taylor took the Money, and that he and she divided it between them, and that she had lent him (the Prisoner) 5 Guineas to buy him those Cloaths. I let Mr. Hone know this; he took up the Prisoner, and then he threw the Matter upon me.
Prisoner. Green was with me all the while; He would fabin have perswaded me to have gone on the Highway. I am a poor young Fellow, come out of the Country, and have not any one to stand my Friend. It will go hard with me I know: I beg for Transportation, though it should be for all my Life. Guilty Death .
48. Henry Johnson , of St. Mary le Strand , was indicted for stealing 2 Perukes, val. 30 s. a cloth Coat and Waistcoat, value 30 s. and a camblet Gown, value 4 s. the Goods of William Shooter ; and one Peruke, the Goods of Thomas Larkin , and a Peruke , the Goods of Christopher Wainwright . March 14 .
William Shooter. The Prisoner was my Journeyman - according to Perriwig-making; the Wigs and these Cloaths were taken out of the House unknown to me the 14th, of March. I suspected the Prisoner; I pursu'd him the 16 of March, and had the good Luck to find him a Bed at 12 o'Clock at Noon; so he confess'd the Robbery, and I got all my Things again.
49. Henry Bosworway , of St. James's Clerkenwell , was indicted, for that he not having God before his Eyes, &c. on John Moore , did make an Assault, and with a certain Hammer, made of Iron and Wood, value 1 s. and which he held in his left Hand, on the Forehead of the said Moore giving him on the Forehead as aforesaid a mortal Stroke, which broke his Skull March 24 , of which mortal Stroke he languish'd, and languishing lived, from the said 24 of March, to the 10 of April, and then and there Dy'd.
William Montgomory . I am a Cabinet ma'er, and the Deceased work'd with me in the same Workshop. On the 24 of March, the Prisoner came in, and asked the Deceas'd to toss up for Beer with him; he told him, he would toss up for no Beer. Then the Prisoner would Fight him for a dozen of Beer, and the Deceased said, No, if he must fight, it should be with a Man, and not with him. Then the Prisoner would measure round (the Course of) the Breast with him, to see who was the biggest Man; but the Deceased refus'd, and would not measure with him, and gave the Prisoner a little Shove from him; then the Prisoner lifted up his Hand, and gave the Deceased a Blow on the Breast.
Q. Did the Deceased strike the Prisoner, or did he only push him from him, to make him go from him?
Montgomory. He only push'd him, to make him stand farther, that he might not hinder his Work, and on that the Prisoner struck him on the Breast with his Hand. Upon this the Deceased took him by the Arm, and put him farther from him.
Q. Did the Deceased strike him, or only put him away?
Montgomory. He only took hold of his Arm, and run him back to another Man's Bench; he (the Deceased) was at Work, and had a little Saw in his Hand, and when he had run the Prisoner back, he gave him a little Stroke on the Back, with the Flat of the Saw, - the Stroke would not have kill'd a Fly. Then the Prisoner, in a Passion, took up this great Hammer, and with his Left Hand, knock'd down the Deceased immediately; he fell, and lay about five or six Minutes stunn'd with the Blow, then he came to himself, and told the Prisoner, he had got his Blood.
Q. Was the Skull broke?
Montgomory. Yes. I observed the Wound; and saw the Skull was broke.
Q. Were there no more Blows given?
Q. How long did the Deceased live after this?
Montgomory. He died on the 18th Day after the Blow, and he died of that Wound, to my Knowledge; for he was my Bed-fellow; I lay with him till three or four Days before he died.
Q. In what Condition was he while you lay with him?
Montgomory. He never came rightly to himself; never had his Judgment, as he formerly had. I saw him die, and I do think he died of the Blow.
Prisoner. What he says is all false; did not he strike me several Times with the Saw, and challenge me to wrestle with him?
Montgomory. No, the Deceased never struck till after he was so molested; then he gave him a little Slap, with the flat of the Saw, and that was in no Passion at all, not to hurt him; he was not inclin'd to do the Prisoner any Harm.
Edward Pearson . The Prisoner at the Bar is a Sawyer ; there were four of us Cabinet-maker s work'd together in a Work-Shop up one Pair of Stairs. The Deceased and we were at Work together, and the Prisoner came up and said, he had been drinking at the Cooper's Arms at Hockley in the Hole. I asked him what Business he had in our Shop; because our Master had order'd us to keep him out, for he was a quarrelsome, troublesome Man. He told me, he had been drinking Part of a Crown's-worth of Beer, and that it had cost him but 2 d. Then he laid himself down to sleep, but another Sawyer coming in, he started up, and said he would toss up with the Deceased for a Dozen of Beer; the Deceased reply'd, Yes, I'll toss up with you, if every one in the Shop will toss up with you too; and turning to me, I said, prithee have nothing to do with him. Upon this the Prisoner challenged the Deceased to fight or wrestle with him: No, says he, if I fight, it shall be with a Man; then the Prisoner came to me and said, why, how much less do you think I am, than he is? so he pull'd off his own Garter and would measure the Deceased round the Chest; upon which he gave the Prisoner a gentle Shove from him, for he was at work upon a Desk, and had a little Sash Saw in his Hand. Whether the Prisoner took hold of the Deceased first, or the Deceased, - of the Prisoner, I don't know; but I saw the Deceased's Hand upon the other's Shoulder, and he gave him a little Tap (not to kill a Fly) upon his Back, with the Flat of the Saw. I am sure 'twas with no Intent to hurt him, but was only design'd as a gentle Reprimand, to keep him from hindering his Work. Then the Prisoner struck at him, but could not hurt him, for the Deceased held him by the Arm. He was as sober a Man as any in this Court, and as stout a jolly lusty Fellow as ever I saw I never knew him have a Pint of Beer in the Shop in my Life, except sometimes when we have all joined our Five Farthings a-piece to drink together.
C. Go on and give an Account what follow'd upon the slap with the Saw.
Pearson. After the Tap with the Saw, the Prisoner snatched up that great Hammer, and
Henry Oborn Surgeon. On the 24th of March, I was sent for the Deceased, (immediately after the Accident) I found a very large Fracture in the Frontal Bone, on the left Side of the Forehead. It must have been done in a violent Manner, for such a Fracture I never saw in my Life. I attended him while he liv'd, which was about 17 Days, he died on Easter Sunday, and had no other Illness upon him as I know off.
Prisoner. Did you hear the Deceased say nothing with regard to his receiving this Wound.
Oborn. No, only that he freely forgave him.
Defence. I met with a Friend who made me very welcome, he gave me Part of a Crown's-worth of Beer, and it cost me but two Pence half Penny, and then I thought to have gone to work; but when I got into the Pit, I found I could not stand to work, so I went up to their Shop to lie down; some of them disturb'd me out of my Sleep, so I got up and told them, if they would be a Pot a-piece, I would be 2 Pots, and I went to the Deceased to ask him if he would agree; he push'd me away from him, and with a Pannel Saw which he was at work with, above 20 Inches long, he struck me several Blows, and one of the Blows came edge-ways over my Head; then he would wrestle with me, and I refused, and told him I never wrestled in my Life. After this he dragg'd me several Yards about the Shop.
Q. Have you any Witnesses to contradict what these People have said?
Prisoner. No, my Lord, I never had any angry Word with any of them in my Life. Guilty Death .
Ann Davis . My Husband keeps a Goldsmiths by Holborn-Bridge : On Friday the 4th of March, Thomas Hargrove, or Yorkshire Tom, (for that's one of his Names) and Matthew Martin, the 2 Prisoners came to our Shop to buy a Pair of Buttons, I asked them 20 d. for a Pair; Hargrove said, I must use him well, for he always came to Mr. Davis when he wanted any Thing in our Way; so I allow'd them for 18 d. and he threw down a 36 Shilling Piece to change, I put it into the Till, and took out a Box of Gold, and gave him a Guinea out of the Box, in part of his Change; then he asked me to let him have a Queen Ann's Guinea, I looked for one in my Box (which was full of Gold) and I found one; if you have got more of them says he, I should be obliged to you if you'd let me change them; but while I was laying down that which I had found, he slapp'd his Hand into the Box, and took out as many as he could grasp; then he turn'd his Hand, as tho' he would look for the Queen Anne's Money, and I saw he had as much Gold as cover'd the Palm of his Hand; I was surpriz'd, and would have taken it from him, but he turn'd his Hand upon the Box again, and gingled some of it in again, keeping his Thumb bent underneath the Palm of his Hand, - and there's your Money gain, he cry'd, - pray Madam give me my Change: His Handkerchief lying on the Counter, he took it up with the other Hand, and toss'd it into the Hand in which he had conceal'd the Money, and put it into his Pocket. When I recover'd my self, I said, - hark'e Sir, - I don't like your putting your Hand into my Box, - I desire to see what you've got in that Pocket; why, says he, d'ye think I have got your Money! - search me and welcome, I have above 20 Guineas about me; I will see, says I, what you have in that Pocket, and I did take Hold of his Coat, and endeavoured to put my Hand into his Pocket, but that Moment he clapp'd his Hand into it himself, and took out a Piece of rumpled Paper, and gave it to Martin, who stood behind him, and he ( Martin ) whipp'd it at once into his Coat Pocket, and at the same Instant I heard the Guineas chink as they fell to the Bottom of his Pocket. Why, says I, you've robb'd me! I robb'd you! says Yorhshire Tom (the lusty Fellow there) - yes, you, said I, - you took my Money, and your Companion has receiv'd it from you, and immediately I call'd out - Thieves! Thieves! I am robb'd! (for I had no Body in the Shop but my self.) When I cryed out so loud, they star'd upon each other, and Yorkshire Tom, and the other Prisoner Martin,
Prisoners Did we endeavour to get away?
Mrs. Davis. No, they did not, - there was a great Croud about the Door, and they could not. - But when the Constable came in, I took them backwards, with several of my Neighbours; some of them knew Yorkshire Tom, and his Character, and desired me to take care of him. My Husband came Home presently after, and they told him, though they knew nothing of the Affair, yet they would give him 5 or 6 Guineas rather than he should expose them.
Q. How much Money did you miss.
Mrs. Davis. I can't tell exactly how much; but after the Hurley Burley was over, and I came to recollect my self, I found several Pieces of Gold missing.
Q. Were there more Pieces missing than those which they threw down again upon the Counter?
Mrs. Davis Yes several; but how many I can't really say; and as they were going before the Justice, I believe they shufled the Money from one to another, for they were search'd before him, and then Martin had none of it, but Hargrove had three Guineas and 9 s. 6 d. in Silver and 2 new Handkerchiefs.
Q. You are not sure those three Guineas were yours?
Mrs. Davis. No, I am not sure, but I believe they were as much mine as any one I ever had in my Life.
Councel. You can't be positive, what Money was in the Box.
Mrs. Davis. No; the Box will hold 30 Guineas.
Councel. And can you distinguish by taking two or three Guineas out, whether there has any been taken.
Mrs. Davis. Yes; four Guineas will make a great Vacancy; for it was a Box that screw'd, and 'twas quite full when I took it out to give them change.
Yorkshire Tom. The Box is so small, that I can't get my Finger into it.
Mrs. Davis. But you put all your Fingers into it. He insisted upon his 36 Shilling-piece, and I said, I have got your Money, and you have got mine. Well says Hargrove, whatever you think you have lost, I will give it rather than be expos'd.
Yorkshire Tom. Ask her if she did not turn my Pocket inside out?
Mrs. Davis. No, my Lord; I never put my Hand into his dirty Pocket. He had his 36 Shilling piece again before the Justice.
Samuel Davis . I had been out about a Quarter of an Hour, when the Fact was committed; when I came Home, my Spouse declared the whole to me in the same Manner she has now done. I look'd over my Money, and miss'd 2 Guineas, beside the 2 Guineas which they had thrown her back. There was about 30 l - in the Box, - 14 Guineas and the rest Portugal Gold.
Q. Was all the Portugal Gold there?
Mr. Davis. I am doubtful of that; but I am sure there were 2 Guineas wanting. When we came before Sir Richard Brocas they were search'd, and Hargrove had three Guineas and some Silver, but Martin had only 6 d. and a pair of Dice, about him. Martin keeps a sort of a Gaming Table, - a raffling stool.
Councel. You say there were both Guineas and Portugal Gold in it; are you sure there were so many Guineas?
Mr. Davis. Yes; I inspected the Guineas, but a triffling Time before I went out.
The Constable. The 4th of March I was sent for to Mr. Davis's, and found the 2 Prisoners there. I had a suspicion of them, for I had some Knowledge of Yorkshire Tom. I took charge of them; and when Mr. Davis came in, says Yorkshire Tom to him, may be you may know better what was in the Box than your Wife, tell it over; he did so, and said he miss'd Gold, but did not mention the Sum. When we came before the Justice, Yorkshire Tom told me, I might have made up this matter for them; I said, I did not understand making up such Things; why says he if you'll make it up I'll give 10 Guineas, and you shall have a handsome Present yourself.
Yorkshire Tom. You wanted me to give you 10 Guineas, and you sent for Mr. Taylor the Thief-taker with that Intent, and I said I would not pay any Thing in my Wrong.
The Constable. On my Oath, he propos'd the making up the Affair to me himself Taylor desired me to take Care of him; for (he said) he was a dangerous Fellow with his Knife. Yorkshire Tom, about two Months ago came to my Shop, and would have serv'd me the very same Trick I suppose, for he wanted some of Queen Anne's
Councel. That does not relate to this Fact, and it must not be given in Evidence.
Hargrove's Defence. I made a Bargain for the Buttons, and she gave me Change out of a 36 s. Piece, I asked her to give me a Queen Anne's Guinea, and she did. I desired her to let me have another, and she tender'd the Money into my Hand, and bid me look my self; I look'd it over, and then bid her take her Money again.
John Bolton . I have known the Prisoners Seven Years: As to Martin I have dealt with him for some Pounds, and never found but that he was an honest Man. I live in Tottenham-Court Road, and deal in Plate, Martin deals in small Plate likewise.
Mr. Davis. My Lord, please to ask, if he does not go up and down with Dice and Totums, a Gaming?
Bedford. I know nothing of his Totum, his general Character is, that of an honest Man.
- Green. I was a Labourer a while ago; but now I am a Victualler in St. Giles's. Hargrove used to go about the Streets with a Wheel-barrow, what he does now I can't tell.
C. But his Trade is improved, he does not do so now.
Green. Martin used to go under the Name of an honest Man, in the Way of dealing fairly by his Neighbours, and not being given to quarelling.
Mr. Davis. Ask him if Hargrove has not been in Newgate before?
Hargrove. Yes, I have been there before, and so have you; for you have been 2 or 3 Times there to see me.
Green. Hargrove has been in Newgate before, but Martin (I believe,) never has.
Joshua Murphey . I deal in Soot, and that very largely, and I live in Newtoner's-Lane. Martin I believe has a pretty good Character, and breeds his Children very behaving. I know no ill of Hargrove; he never did ill to me: I can't say - what I have heard, - I can't remember what I have heard, - I can't say so much to his Character.
Q. Has he a good or a bad Character?
Murphey. I don't know what to say in the Case.
Q. Have you heard any Hurt of him or not?
Murphey. Why, - if I must - speak the Truth, he has been in Newgate before.
Ann Edwards . In Cross-Lane I live, by St. Giles's, and I keep a Chandlers Shop there. Martin lives in the Neighbourhood, and I only know him as a Neighbour - no, no, I have no Conversation with him, but he bears the Character of a civil Man there.
Q. Do you know Hargrove?
Edwards. I never was here before, and God bless me, I'll never come here again. - Yes, I have known him too some Years, - I won't forswear my self for any Body, - He used to sell Peas and Cherries, and Fruit about Streets. He was in Newgate once I know, for 'sulting Justice Midford in his Office, - nothing else, as I know of. Both Guilty 39 s .
John Vaus. On the 17th of March, about 7 or 8 in the Evening, I was going to my Habitation, and over-against St. Magnus's Church upon the Bridge, I was assaulted by the Prisoner; whether he run his Head against my Breast, or whether he gave me a Blow with his Fist, I cannot tell, but he took the Watch out of my Pocket directly. I miss'd it directly upon the Assault.
Q. Did you feel it as it was drawing out?
Vaus. Yes, I did, and I pursu'd him immediately, and took him: I found nothing upon him, 'tis true, but I saw him throw it away. This is the Watch, the Name is Jackson, and the Number 2020, and here's the two Knives that were taken out of his Pocket when we searched him. After he had robb'd me, I pursu'd him, and he threw me down, and kneel'd on my private Parts in such a Manner, that I had like to have been ruin'd; but this Porter here came to my Assistance, so we carried him to the Constable, and he denied the Fact, and said, I follow'd another Man.
Prisoner. Did not you follow another Person, and take hold of him, before you seiz'd me?
Vaus. No, I follow'd him, and took hold of him only.
Prisoner. Ask him if he was not much in Liquor?
Vaus. I had not drank so much as a Pint of Beer.
Prisoner. He was so much in Liquor, that the Man at the Ale-house, where he carried me, would not let him have any Thing, but told him, he had had too much already.
Prisoner. Ask him if he did not offer to make it up for 10 s.
Vaus. I never made any such Offer at all: I told him he was a Rogue and a Villain, and I would bring him to Justice.
Daniel Cross . That's my Name: I was going Home to my Family that same Night, and just at the Leather sellers Shop, by Magnus Corner, I saw a Tumult, there was a Parcel of People, and this Gentleman in the middle of them I went to see what was the Matter, and he turn'd to me and said he had lost his Watch, and away he ran, crying - stop Thief. I am willing to take any Body's Part that's injur'd, and to serve my Country, so, (tho' I never saw the Gentleman before in my Life) I ran with him, he caught hold of the Prisoner, but he was soon upon the Ground, - the Prisoner was too hard for him, he laid him upon his Back in the Street; but I took him off, and held him by the Collar: Presently up came 2 or 3 Men, who I suppose were the Prisoner's Companions, but seeing I was a rough sturdy sort of a Fellow, they did not care to have any Thing to say to me. I told the Gentleman 'twas a weighty Concern, and asked him if he was positive to the Man; he said, this is the Man, I'm sure 'twas he, -
Q. Was it dark at that Time?
Cross. Yes, but there were Lamps all around us. The Gentleman desired me to get a Constable; I said I could get a Constable presently, for I was known thereabouts - I carry Coals at Coal-Harbour - so I had them to Mr. Tricket's at the 3 Tunns in Thames street, and we had not been long there, but in comes this young Man with the Watch in his Hand; - here, Sir, says he, I heard you have lost a Watch, and I make bold to bring it you, I kick'd it before me in the Street; but the Gentleman did not believe him, so he charg'd the Constable with him and the Prisoner too.
Q. Why did you charge the Constable with the Lad, that brought you the Watch? (to Vaus.)
Vaus. Because I thought he was concern'd with the Prisoner.
Q. Did the Prosecutor appear to be positive to the Prisoner, before the Lad came in?
Cross. Yes; he was positive to him; I took him off from the Gentleman upon the Ground, and would have tripp'd up my Heels too, and would have got away, but I was too many for him.
Prisoner. Ask him if I struggled with him?
Cross. Yes; and I had 2 or 3 about me like your self; they seemed to be much as honest Men.
James Price , I was coming over the Bridge, and I happen'd to pick this Watch up, about half an Hour after 7 o'clock at Night; T'was some Time in March, but I can't justly tell the Day. I place'd it up right against St. Magnus Church, and carried it, the Case in one Hand, and the Watch in the other, to the Prosecutor.
Prisoner. Ask him whether the Watch and Case was together or seperate?
Price. I found the Case first, and the Watch afterwards; I trod upon it, and my Shoes happening to be bad at that Time, it hurt my Foot, so I stoop'd down to see what it was, and 2 Lads seeing me pick it up, told me a Gentleman had just lost a Watch, so I carried it to him directly.
Prisoner. Did not the Prosecutor offer to make it up, as I was going to the Counter?
Price. No; I can't say any such Thing.
Q. It appears it was dark or duskish; by what Light did you distinguish the Prisoner?
Vaus. I distinguish'd him directly; I follow'd and pursu'd him by the Light of the Day (I might say) for 'twas not shut in, though the Lamps were li't; I saw him by the Lamps too, and am sure of the Person.
Defence. I had been over the Bridge that Night, and coming along, I saw the Gentleman push a Man away from him, and heard him say he had lost his Watch. I went into the Crowd and asked him what was the Matter; he immediately turn'd about and ran after a Man, and caught hold of him, but the Fellow got away from him, and then, because he would be sure of somebody he laid hold of me. He was very much in Liquor, so he tumbled down, and pull'd me down with him, then this Porter came up and laid hold of me. 'Tis a very plausible Thing indeed, that the Watch should be thrown away, and the Glass should not be broke. Guilty Death .
53. Richard Harper , was indicted for breaking and entering the House of William Holyoke , in the Parish of St. Brides , about 3 in the Night, and stealing 250 Guineas, one five Moidore Piece, one five Guinea-Piece , April 18 .
William Holyoke . On Monday Morning April 18, I got up about 7 o'Clock; and my Servant going down into the Cellar for a penn'orth of Beer, came up again and said, Sir, I believe you're been robb'd to-night, for one of the Barrs of the Cellar Window was wrenched. I hope not, says I, and look'd about and saw the Brass and Pewter safe; then I went to the Smith's to get the Bar mended. When I came back again, my Wife was
Q. How old is the Child that cry'd out - the Box was gone?
Holyoke. About 12 or 13 Years old.
Q. When the Bars of the Window were broke, was there Room for the Prisoner to get in?
Holyoke. There are four Bars in the Window; one was bent, and the other was push'd out of its Place, so that there was Room enough for him to get in.
Q. Are you sure the Window was whole and safe when you went to Bed?
Holyoke. It might be so; but indeed I can't speak to that, of my own Knowledge.
Thomas Bullock . Last Monday Morning about 8 o'Clock, I was going into the Prosecutor's House, and I saw his Daughter crying in the Entry; I asked what was the Matter, and Mrs. Holyoke told me, she was robb'd, and ruin'd, for somebody had stole all her Money, &c Mr. Holyoke was gone out somewhere - so while we were talking, the Man and the Maid call'd out from above Stairs, and said they had found the Box in the Club room, in a Closet: I saw the Lad bring it down Stairs, ty'd up in a Handkerchief. Then he and I, and another went up into the Garret, to see if we could perceive any way, by which the Thief might have escap'd; we look'd about and could perceive nothing. We look'd up the Garret Chimneys, but nobody was there. As we were coming down Stairs, the Maid cry'd out Thieves! Thieves! so we went into that Room, and took the Prisoner out of the Chimney. I saw him pull'd down, and I spake to him, and ask'd him how he got in, and what Time it was; he said he got in at the Cellar Window, about 3 o'Clock.
Q. Did he say any Thing to you about the Box?
Bullock. No, nothing to me; at that Time. When he was at the Bull-Head in Bread-Street, I asked him what Instruments he made Use of, to get out the Iron Bar; he said, he had nothing but his Hands, - he got it out with his Hands, and then went into the Cellar. He own'd before the Lord-Mayor that he took the Box, and ty'd it up in his Handkerchief; be own'd he took it out of the Chamber, and brought it down into the Club-Room. That's all I have to say
Richard Googe . I live in Water-Lane, Fleet-Street. Hearing Mr. Holyoke was robb'd, I went to his House to enquire into the Particulars. They told me they had been robb'd, so the Maid and I went up to see if the Thief was not in the House, she look'd up the Chimney, and cry'd out, - here he is in the Chimney. I saw the Soot fall, so I made her get a Candle, then I saw him too, so I got up upon the Grates, and pull'd him down by the Leg, in a Sooty Condition I am sure 'twas the Prisoner, for I have, known him these two Years.
Q. Did you hear him confess any Thing?
Googe. No, I know nothing of his Confession.
Prisoner. I came down my self, for they said, if I would not come down, they'd shoot me down.
John Hill. When I came down in the Morning, I found one of the Bars of the Cellar Window wrench'd out, and two more bent; I shut up the Cellar the Night before between 6 and 7 o' Clock, and I was sure the Bars were all fast then, so I told my Master (as how) he had been robb'd: No, says he, I hope not, and he looked round the Kitchen, and there was nothing missing there, - all was safe. Then he went to the Smith's to bid him come and mend the Window: While he was gone there, my Mistress came down Stairs, and my Master came back in a Minute; he was no sooner come in, but the Child above Stairs call'd out, Mammy! Mammy! some body has taken away the Money Box! With that, my Master run up Stairs, and saw the Box was gone; he came down again, and said, (as how) be was ruin'd, he was ruin'd, the Box was gone! Then he went out, and while he was gone, I found the Box in a Closet near the Chimney, in the Club-Room, ty'd up in a Handkerchief. I went down and shew'd it my Mistress, to make her easy, and then I carry'd it up to the Place it was taken from. I did not see the Prisoner 'till after he was pull'd out of the Chimney.
Tho. Humstone Holyoke's Servant telling me that Morning that his Master had been robb'd, I went there directly; Mr. Bullock and I went all over the House, and look'd out of the Garret Windows, but there was was no Track of Footsteps to be seen, not were any Tiles broke. I should
Defence. I had been drinking from Friday to Monday, (being out of Place) and was almost dead for want of Sleep; so the Bar being loose, I put it by, and went into the House, and so up Stairs to sleep As to the Box I know nothing at all of it. Guilty . Death .
54. * Mary Brown , was indicted for stealing 9 Yards of White and Silver Lustring, value 6 l. and 9 Yards of Green and Silver ditto, value 6 l. the Goods of Thomas Hinchliffe in his Shop , in the Parish of St. Bride's , April 7 .
Spencer Morris. This Woman and another, and a Man came into our Shop, to look at some brown ground Brocades; they bid Money for some Silks, which I could not take, so they went out again. I had shew'd them the Goods in the third Shop, (that was the back Shop, the farthest from the Door,) where these Goods which the Prisoner stole, lay wrapt up in a Wrapper, with 14 Pieces more, -
Q. What do you call them?
Mr. Morris Silver Lurstrings. - They were no sooner out of the Door, but a Person beckon'd me out, and bid me take Care of them, for they were all Thieves and Gamblers. Upon this, I call'd the Prisoner back again into the Shop, the Fellow came with her, but the other Woman walk'd off: I thought proper to tell Mr. Hinchliffe what I had heard, and while I was telling him, the Man went off, and left the Prisoner alone in the Shop. These 2 Pieces of Silk I saw directly under her Petticoats, and she stood directly over them; she had been in the Street, and was come into the Shop again. I took them from under her, and asked her how she came by them? She ask'd my Pardon, and said, she hop'd she had not daub'd them. O, they were pretty Things, (she said) pray, what were they a Yard!
Q. Was there no one else in the Shop when you took the Silks off the Ground?
Mr. Morris. No, the Man that came back with her was gone before we found them, and the other Woman did not come back at all.
Q. Did you see her drop them?
Mr. Morris. No, I can't say I saw her drop them, but they were taken from under her Petticoats, - she stood over them.
Prisoner Did not I stoop and take up one of the Pieces, and lay it on the Counter? Was not I the first Person that saw them on the Ground.
Mr. Morris. No, I took them up my self; she never offer'd to take them up, - she stood exactly over them.
Charles Enstone . The Prisoner, with another Woman and a Man, came in, and desired to see some Brown-ground Silks: I carried them into the back Shop, where the Counter was quite clear, only 16 Pieces of these Silks were laid together behind the Counter, wrapt up in a Wrapper. I went into another Shop to look for more Things for them, and they bid me Money, but we could not agree, so they walk'd thro' the Shop to the Door, and while I was talking to the Prisoner at the Door, a Man desired Mr. Morris to take Care of them: upon this Notice, I call'd her into the Shop again, and told her I did not know but I might take her Money. They had been (all of them) out of the Shop, and I desired her to come in, and look at the Silks once more; she came back, and while she was looking at them again, Mr. Morris stoop'd down and took up her Petticoats (a little way) and these Pieces of Silk he pull'd from under them. He asked me if I had shewn them to her, I said no. (They lay in the Back Shop, wrapp'd up in a wrapper.) I hope, says she, that I have not dirted them: Upon this, I told over the Pieces in the wrapper and found these two wanting. These 16 Pieces were wrapp'd up and laid behind the Counter in the Back Shop, and were never shewn to them, nor had they been shewn to any one for a Fortnight, for they were laid by for a particular Purpose, and we were order'd not to meddle with them, nor shew them to any one.
Mr. Eustone. I put them in my self about a Fortnight before, and we had positive Orders not to meddle with them. They were not out of the Wrapper, nor were any Goods upon the Counter, but what I had shew'd them.
Q. Did you leave them together in the Shop?
Mr. Enstone. I went into another Shop to fetch the Goods which they wanted to see.
Q. You say these Silks lay behind the Counter, did you observe, any of them go near the Wrapper.
Mr. Enstone. No; but they could not get at them without going behind the Counter.
Q. (To Mr. Morris) Did you see any of them go behind the Counter.
Mr. Morris. No.
Mr. Enstone. I was out of the Shop, and they were left entirely alone for some Time. The Prisoner, my Lord, was cast for Transportation about a Twelvemonth ago; the Gentleman is in Court for robbing of whom, she should have been transported.
Prisoner's Defence. My Lord; last Wednesday was a Fortnight, a Gentlewoman that I have work'd for 5 Years, - her Brother came and desired me to go with him and the other Gentlewoman, to buy a Gown for his Sister, that I might give my Judgement on the Silks; so one of the Shops we went into, was this Gentleman's, and after we had pitch'd upon a Piece, he asked us 16 Shillings a Yard, we bid him 12, and the Gentleman that was with us bid him 12 s. 6 d and my Lord, he pulled out his Purse and offer'd to pay for it, if he would have taken the Money; but he refusing, we went out. Then a lusty Gentleman in the Shop, call'd us back again to look at the Flower, and as I came in, I saw these two Pieces lye upon the Ground, and I stooped down and took them up, and the Gentleman stooped down too.
Q. (To the Prisoner) Where is the Man and the Woman that were with you?
Prisoner. The Gentlewoman, - she lives at the Downs, and the Gentleman - he's in the Country.
Mr. Enstone. My Lord, she told me her self, that the Man liv'd in Morefields, and the Woman in Drury-Lane.
Jury Q. When they went out of the Shop into the Street, was there any Silks upon the Ground.
Mr. Enstone. No, I should have seen them if there had been any, for I stood talking to them before they went out in the Place where they were dropp'd.
Q. How far was the Place where they lay, from the Place where they were dropp'd?
Mr. Enstone. About 22 Yards; I measur'd it this Day.
Prisoner. Had I any Thing about me proper to conceal these Things?
Mr. Enstone. She had a very large Hoop; I told her she look'd big, and she said she was with Child.
Joseph Barker . I have known her between 4 and 5 Months; she lodges at Mrs. Fenns, in Castle-Street; about three Months ago she made a Stay for a Child of mine, and 3 Shirts and a Stock for me, and she brought these things Home.
Q. When did you see her before she made your Gown?
Brown. When she made my Gown, I had not seen her for 4 Months together.
Michael Brownrigg . I am a Barber, and have seen the Gentlewoman - the Prisoner, at Mrs. Fenns: I have known her 2 or 3 Years, and have seen her frequently, during that Time. I never heard ill of her till now.
Q. Has not she been abroad - in the Country - during this Time?
Brownrigg. She may - for ought I know.
Mary Lambert . My Lord, I knew her a twelve-month, and as any Mantua-maker's equal to me, I gan her a Gown, 'twas this said Gown to do, at Mrs. Fenns, I had no Acquaintance with her farther; but she bore an honest Character.
Mr. William Davis . The Prisoner at the Bar, I Transported for Shoplifting. She robb'd me, last February was twelve-month, and was convicted and sentenced for Transportation; but I see she is return'd; She is known to have been a Shoplifter many Years. Guilty Death .
55. John Irons , otherwise Thompson , was indicted, for that he not having God before his Eyes, &c. dut devising and intending, our Lord to deceive and defraud, on the 22d of February , 40 Pieces of false and counterfeit Money, of base Metal, in the Likeness of the lawful and current Money of this Realm, called Shillings, and 10 Pieces, &c. to
Samuel Goodyere . I have known the Prisoner, I believe a dozen Years. He once kept a Cook's Shop , then he went beyond Sea, and about the latter end of October, or the beginning of November, he return'd to England, and I came over with him in the same Ship. When we first arriv'd here, we got a Lodging at Mrs. Worral's in Swallow-street; while we liv'd there, we us'd to get King Charles's Farthings, and file the Woman side, and the Edges to make them of the size and thickness of a Six-pence; then we used to white them over with quicksilver taken from the back of a Looking-glass, and sometimes we put them into an Onyon, then we used to bend them and pass them off. This Practice we continued a Month, if not longer; but we had bad Luck in putting them off: Some we disposed of to Apple-Women, and People in the Street: But one Day when we were out upon this Business, I thought an opportunity offer'd for putting some of them off, and I bid the Prisoner give me some; (for he always carried them in his Pocket, and I generally put them off,) he felt in his Pocket, and said he had left them at Home; so return'd Home for them. While we were out, our Landlady Mrs. Worral had been up in our Room to clean it, and she found the Paper they were in upon the Table with some Quicksilver in it; she gave it him, when we came Home, but told us we should be there no more. Then we went and liv'd in a Place by Long-Acre, (I have forgot the Name) over-against a Brewhouse, and there he told me he had learn'd of a Woman in Virginia, (whose Mother was burnt here for Coining) how to make Shillings and Six-pences, and Half-Crowns. This Womans Name was Knight, she had instructed him in the Art of making Money, he said: So he went to his Brother-in-law Powl in Brick-lane, and got a Mold made, - thus long, and thus wide. The inside of the Mold was square and hollow, which he fill'd up with Chalk, finely scraped, then he made the Impression of a Shilling, and cast one; the first did not do well; the 2d, was better, so he made several Shillings, and the more he made, the better they prov'd. The Metal was always melted in a Tobacco-Pipe, and pour'd into the Mold. (If I had the Things here I could show you how we made them.) When the Pieces were taken out of the Molds, he pared off the Metal that ran from the Edges, and then nick'd them with a clean Tile, to make the Milling; then he used to scower them with Sand to make them look bright, and the last Thing was to put them into a Pot of Water and boil them with a Powder call'd Argol, to make them look white and like Silver. Some were in the Form of South Sea Shillings, other with the Feathers and the Roses on the Backs.
Q. Did the Prisoner do this?
Goodyere. Yes; and 'twas my Business to put them off; that's some of the Metal that lies there; they call it Soder; we bought it at the Pewterers, and gave 10 d. a Pound for it.
Mr. Watson. This Samuel Goodyere came to my House to buy a Sheep's Tongue, and he gave me this very Shilling to change for it. I am sure I had it of Goodyere.
Goodyere. 'Tis true, I remember paying this to Mr. Watson, but I had this Shilling from one Davis, who is not taken.
Q. Was that Shilling made by the Prisoner?
Goodyere. 'Tis one of the same Sort that the Prisoner used to make and deliver to me. I have had a great many of them from him, - a great many more than 20. - I can very well swear to 20. I can't swear to Sixpences made in this Manner, but I can swear to copper Sixpences.
Councel. Did you put them off.
Goodyere. Yes, Sir.
Councel. And were those 20 Shillings you swear to, made in the Manner you have mention'd?
Goodyere. I can't swear they were made of the same sort of Metal with this Shilling, but they were made of such Soder as that which lies in Court.
Francis Mitchell . I found this Piece of Soder in a House which the Prisoner at the Bar calls his; 'twas in a Closet lock'd up. When I took up the Prisoner, he asked me, if I had been at his House; I told him, Yes, and that I had found a Piece of Metal and some Argol; he said he us'd them in his Business.
Q. Was the Closet where you found the Things, joining to the Lodging-Room?
Mitchell. Yes. He calls all the House his, I thought it had been an empty House, but when we forced the Door open, we found a Soldier in it, who said he had Leave to come there to wash his Shirt. When we had the Prisoner before Justice Frazier, he own'd the Metal was there, but he said he never knew how to make Money.
Q. Did he own the Argol?
Mitchell. I am not positive whether that was mention'd to him or not.
Prisoner. Did you find any thing else?
Mrs. Worral. The Prisoner Lodged with me about a Month, and Goodyere was with him: Whenever they went out, I made them leave the Key of the Room, that I might see if my Sheets and Things were there. One Day when they were out, I went up into the Room, and found a Paper twisted up, upon the Table; I brought it down Stairs and look'd into it; there were 10 Six-pences in it, some Mill'd, and some not Mill'd, they had all-of them Heads on one Side, and some of them had Cross-Bars on the other; the Prisoner came back and asked me if I had been in the Room; yes says I, and I have brought 10 pieces down, I have told them, and see that you have them all again; to-morrow your Week will be up, and you must provide your selves with another Lodging. I had heard them at Work, and a Fileing, and seeing these Pieces, made me resolve they should not stay. Goodyere and he liv'd together in Friendship then, and said they were Buckle-makers.
Q. Have you ever seen any Files there?
Worral. Yes, and small Dust, small Fileings too, which I did not know what to make of.
Q. Did you ever see any Powder there?
Worral. Yes, the Six pences lay in a Paper of Powder, I believe 'twas much such Stuff as this (here a Paper of Argol was shewn her) it look'd like rotten Stone, Powder'd.
Prisoner. Do you know those Pieces in the Paper were Naught?
Worral. They did not found so well as others, but a crooked Six pence will not found so well as another.
Councel. You said you thought they were not Good, and that was the Reason you gave them Warning. Do you think it was good Money or Bad?
Worral. I cannot say it was right Good.
Prisoner. Did you ever see any Metal or Molds?
Prisoner. No; I don't know how you should; for I never Coin'd a Shilling, or a Six-pence in my Life.
Worral. I believe they did not Coin in my House, for they never had but half a Peck of Coals at a Time, and they generally served them a Week.
Councel. You can't tell what they did at their Fire, always.
Prisoner. Was there any Lock, to Lock any thing up?
Worral. No; and I had always the Key of the Door when they went out.
Goodyere. The Money and Things we always put up on the Tester of the Bed, when we went out. The Money, the Files, and the Quicksilver we always hid there.
Mr. North. This Powder is call'd Argol, 'tis used in whitening Plate. The counterfeit Money as it came out of the Molds, would be a little dirty, but boiling it with this, it takes of all the Soil, and makes it look white. This Shilling is a counterfeit Shilling, and was never Coin'd at the Tower, 'tis made of Pewter, I believe.
Defence. I left Goodyere once (when I was abroad) to look after the House, and while I was gone, I heard he had had one Davis with him, (the Man he had that Shilling from,) but he was not there when I came Home. Goodyere cannot tell one Place where he put off a bad Shilling, but only this One.
Goodyere. I put off one that you made, at an Oylshop in Maiden-lane, and to several Apple People and Ginger-bread Women, and such Folks.
Prisoner. I desire to know if he ever saw me use any of that sort of Metal.
Goodyere. Yes; I have seen him use that sort of Metal to make the Money, and then he put it into an earthen pot, with some of that Argol and boil it over the Fire.
Prisoner. Since I have been in the Gatehouse, a Man bid me hold my Tongue about that Block Tin, 'till I heard what the Evidence should say; then says he, tell my Lord, that, that Metal when 'tis Melted will not hold together, but will run all in little Pieces, - little Lumps; there's no such Thing as Casting any Thing with it.
Mr. North. I am not enough acquainted with that sort of Metal, to know whether 'twill hold together or not: I believe 'tis proper to use some other sort with it, by way of Alloy.
Q. Do you think the Impression on that Shilling was made by Casting or Stamping?
Mr. North. This is Cast; tho' they scrape the Chalk ever so fine, yet there will be Sand-holes in the Piece they Cast; if it had been struck with a Dye, the Metal would have been a great deal closer.
Q. Did you make use of any other Metal with this Soder by Way of Alloy? (To Goodyere.)
Goodyere. Yes, sometimes we melted Pewter Spoons with it, - those mark'd with X, because they were the best sort; sometimes we made them without Pewter, and sometimes with.
Councel. Did you use to buy Pewter Spoons?
Goodyere. No, they were the Pewter Spoons that we had in our Lodging, or the Spoons we used to make.
Prisoner. I got that Sodor to mend a Mould which I bought to make Candles in; and the Metal lay about the Kitchen a Fortnight or 3 Weeks, - I did not mind it.
Q. Did the Prisoner get this Metal to mend his Moulds, or to make Money? (To Goodyere)
Goodyere. To make Money, his Moulds wanted no mending, and he was too lazy to make Candles.
Prisoner. Lord have Mercy upon me! did you ever see such Metal in my House, Samuel Goodyere!
Goodyere. Yes, and you us'd to give 10 d a Pound for it.
Spencer Burges. I am a Tin-man, and I use that metal in my Business. I know 'tis brittle, but I believe it will hold together to make a Shilling or a Six-pence; 10 d. also is the common Price. I give so much for it my self. Acquitted .
60. Mary Pye , was indicted for stealing a Linnen Shirt, value 2 s. a Linnen Frock, value 6 d. an Apron, value 6 d. 2 Linnen Shifts, value 10 d. 2 Caps, value 6 d. and other Things , the Goods of Bowles Bellingham , April 5 . Guilty 10 d.
61. Sarah Neal , was indicted for stealing a Child's Coat with a Cambrick laced Tucker, value 28 s. and a Cambrick Cap laced, value 2 s. the Goods of Joseph Ashley in his Shop , March 24 . Acquitted .
62. Thomas Matterson , was indicted for breaking 4 iron Bars wt. 12 lb. fixed to a certain Gate belonging to the House of Thomas Hunt , with an Intent the same to steal and carry away , March 11 . Guilty 10d.
68. James Kelly , was indicted for that he not having God before his Eyes, &c. at Ranuce in Newfoundland, in Parts beyond the Seas, on Robert Levermore , did make an Assault, and with both his Hands fixed about the Neck of the said Levermore, did choak and strangle, of which choaking and strangling he died , Feb. 18. in the 8th Year of his Majesty's Reign .
The Councel for the King having open'd the Indictment and the Evidence, the Witnesses were call'd and sworn.
Nicholas Fitzgerald . I came acquainted with the Prisoner in the Harbour of Ranuce in Newfoundland , and likewise with one William Fitzgerald , at the same place, who was no Relation of mine, tho' we were of the same Name. I know nothing with relation to this Murder, but what the Prisoner told me himself. The Deceased was found after he had been kill'd, upon the Landwash, and the Day he was to be buried, William Fitzgerald desired me to go to Formuze, (where the Prisoner was at that Time) and I was to tell him, that Levermore (the Deceased) was found, and all the Harbour (according to the Custom of that Place) was summon'd to lay their Hands upon the Corps, before he was buried, in Order to find out the Murderer. When I came to the Prisoner, he asked me what the Gentlemen and the Doctor imagin'd had been the Cause of his Death: I told him, the Doctor supposed the Man had been shot; no, says he, he is mistaken, for Fitzgerald and I went to his House, and call'd for a Bottle of Rum; we paid a Shilling ready Money for it, and made him drink the greatest Part of it himself; when we found him almost fuddled,
Q. Did Kelly go with you to touch the Corps of the Deceased?
Fitzgerald. No, he took to the Woods with Fitzgerald.
Q. When was the Prisoner taken?
Fitzgerald. Nine or ten Days afterwards - Fitzgerald was kill'd in the Woods, but I was not present when he was kill'd.
Councel. You say the Prisoner confess'd to you, that they had Strangled him, and had not given him a squeak for his Life.
Councel. How came he to confess this to you? How long had you and he been acquainted?
Fitzgerald. I had been acquainted with him, about 2 Months.
Q. Why his telling you this, was the ready way for him to be taken up.
Fitzgerald. I don't know how he came to tell me; I asked him no Questions about it; every one in the Harbour was Summon'd to lay their Hands on the Corps, and they that did not come, he knew would be suspected.
Councel. Was you intimate with Fitzgerald?
Fitzgerald. He and I were Fellow-Servants.
Q. How long have you been in England?
Fitzgerald. I have been here ever since the 9th of February; I came over in the same Ship with the Prisoner.
Robert Joyce . I know the Prisoner; and I knew the Deceased. The Night that he went from Ranuce, I heard the Prisoner say he had kill'd Levermore. He and William Fitzgerald, (who was kill'd in the Woods) and this Fitzgerald, (the Witness) were in the Skiff; the Wind blue so hard that they could not get any farther, so they call'd upon me at a Place call'd Sheeps-Head, about 12 o'Clock at Night; this was the Night after the Man was Kill'd. I was a Bed, but I got up and lot the Prisoner in, and he lay at my House all Night. Next Morning he desir'd me to go down for the Skiff; I went, and found in it a bottle of Gun-powder, a Musket, a pair of Breeches and 2 Handkerchiefs. I asked him where he got those Things? He told me, he had them of a Woman in Ranuce Harbour. I said, I was sure that Woman had not any such Things as these: Why then says he, I had them out of Levermore's House; William Fitzgerald and I went there, and call'd for a Bottle of Rum; we pay'd ready Money for it, and made Levermore Drink with us: I ask'd him how he got the Things from thence, and he told me, that while they were Drinking together, 2 Men came in to fry some Pancakes, (Stevens, the Father and Son) that when these Men were gone out of the House, Fitzgerald said to him, let us-kill Levermore now: The Prisoner told me, that he refus'd, and said, No, no, let him alone for a Fortnight, or a Month longer, for fear the Stevens's should discover us; but Fitzgerald swore by G - d he should be kill'd then; so (he said) they both took hold of him, and strangled him directly. All this the Prisoner told me, and he said farther, that when Levermore was dead, he (the Prisoner) was left in the Room with him, while Fitzgerald went up and took all he could find, and Fitzgerald (he said) had not done him Justice, for he had conceal'd some of the Things; he told me, that at Night the carried the Body to the Stage Head, and hove him into the Sea. When the Corps was found, every Body was Summon'd to put their Hands upon it, but the Prisoner and Fitzgerald went off, into the Woods.
Q. How long were they in the Woods before they were taken?
Joyce. A matter of 6 Weeks.
Q. What became of Fitzgerald?
Joyce. He was kill'd in the Woods; they fled there after this Man's Death.
Q. Was you there when the People were Summon'd to touch the Body?
Joyce. Yes, and I touch'd it. We heard of Levermore's being Kill'd about 4 Days after they were gone into the Woods, and it was no sooner known, but the Prisoner went a matter of an hundred Leagues to the North-ward, and about 6 Weeks afterwards he was taken.
Q. How came William Fitzgerald to be in the Skiff when the Prisoner went from Ranuce?
Joyce. I don't know
Q. Was the other Fitzgerald (the Witness ) in the Skiff?
Q. What was your Notion concerning touching the dead Body?
Joyce. We all imagin'd that if the Murderer touch'd it, it would Bleed.
Q. (To Fitzgerald) The Night after this happen'd, did you come in the Boat with the Prisoner? - Did you go any where with him in the Boat?
Q. What was you to do in the Boat with them?
Fitzgerald. To go Home along with them, and we went from Ranuce to the Harbour of Formuze, to a Place call'd the Sheep's-Head, where the Prisoner liv'd. He had the Charge of one Lambe's Stores, and work'd on his Account.
Q. When you went with them in the Boat, did you know of Levermore's being dead?
Fitzgerald. I heard he was kill'd, but did not know by who.
Q. How far was Ranuce from the Place where they brought the Boat too?
Fitzgerald. About 3 Miles. The Prisoner wanted me to row from Capt. Kingman's-Stage to the Sheep's-Head, but the Wind blew so hard, we could not row up to the Place, so we were forced to travel a good Way by Land, and the Prisoner had the Breeches and the Shirt, and the other Things, which he told me he had from Levermore's ty'd upon a Bundle at his Back.
Prisoner. This Frizgerald has a Spight against me, because the other Fitzgerald beat him once, on-my Account.
Q. (To Joyce) Do you know of any falling out between the Prisoner and this Witness?
Joyce. No, I don't know whether there was or not.
Q. When did you come to England?
Joyce. We all came together in the same Ship, when the Pyrates came to England
Q. Have you and the Prisoner ever had any falling out?
Fitzgerald. No, never in my Life.
Prisoner. He broke open a Door where I kept Provision; I beat him for it, and he said he would be even with me: Now he swears away my Blood on that Account. I never conversed with Levermore, nor did I ever see him in my Life.
Fitzgerald. I saw the Prisoner at Levermore's the very Day he was kill'd: he was there the Day before, and the Day after.
Q. Did you see him only at the Place where Levermore liv'd, or at Levermore's House?
Fitzgerald. I saw him at the House that I belong'd to, (along) with Fitzgerald; they left our House about 8 or 9 o'Clock in the Morning, and went to Levermore's about that Time The Prisoner has been at Ranuce several Times before He liv'd about 3 Miles off.
Q. Did you ever see the Prisoner in Company with Levermore?
Fitzgerald. No, but I have seen Fitzgerald in Company with him several Times.
Q. (To the Prisoner) If you was innocent, why did you fly away into the Woods?
Prisoner. Capt. Lambe's Store-House was broke open, and I had a Quarrel with a Woman on that Account; she, to be revenged of me, swore that I had ravish'd her Daughter; I was afraid of being carried before a Justice, so I ran away.
Councel. And was Fitzgerald (who fled with you) afraid she should swear against him too?
Prisoner. No, I don't know how he came to go with me. Please to enquire into their Characters; for they design to take away my Life-wrongfully.
The Jury found the Prisoner Guilty . Death .
* Charles Dounahough , otherwise Dennis , was indicted for assaulting Elizabeth Pulwash (now Elizabeth Pate ) in a certain open Field near the King's Highway, putting her in Fear, and taking from her a Linnen Gown, value 7 s. a Pair of Stays, value 3 s. a Cambrick Handkerchief, value 18 d. a Muslin ditto, value 1 s. a Linnen Apron, value 2 s. a callimanco quilted Coat, value 15 s. a dimitty Petticoat, value 3 s. a Pair of Damask Shoes, value 2 s. 6 d. a Pair of Silver Buckles, value 8 s. a Bermudas Hat, value 7 s a Suit of Cambrick Headcloths laced, value 2 s. 6 d. a Gold Ring, value 8 s. and 9 d in Money , August 15 .
Eliz. Pate. I was robb'd in Tottenham-Court Fair Time; 'twas one of the two last Days of the Fair, - the latter End of August it was, but I could never tell the Day of the Month, only I remember 'twas the latter End of August. I was then coming from the Fair, - my Sister and some other Company were with me, but I stay'd a little longer than ordinary to see the Clock-work, so my Company was just gone before me, - I staid a little behind them too, to tye up my Garter. - Morgan, not this Man ( the Prisoner) came up to
Q. Did the other Man who was robb'd go with you to this Place, or did you go alone?
Pate. Two of them carry'd the Man a little Distance from me, and after they had stripp'd him, they came up to me, and made me strip my self, all but my Hat, Cap and Shoes, - those they pull'd off themselves. The Prisoner assisted in making me strip, and he took my Cloaths as they were taken off. I lost a Holland sprig'd Gown, a Pair of Stays, a quilted Coat, and a Pair of Shoes, they left me one Petticoat on and my Shift, but they did not know it. They left likewise my Stockings and a Petticoat which I had mended up, to wear under another. Then they put a Gag in my Mouth, (and broke this Tooth out,) and they tore my Pocket, and put that into my Mouth too, and ty'd it down hard behind: The Gag was Iron or Steel, and it cut my Mouth, but I got it away with my Tongue, after I was in the Ditch, so that I could cry out. I lost this Tooth by it, - it did not come out just then, but it cut and rotted it so, that it came out afterwards.
Q. After they had ty'd your Pocket over your Mouth, what did they do then?
Pate. After Morgan had done what he thought proper with me, then the Prisoner try'd for an Hour, but could not have his Ends, he did not lie with me, but Morgan did, and the Prisoner endeavoured to do it. Morgan did more than the Prisoner did; he attempted it first, and then the Prisoner attempted after him; he (the Prisoner) lay a-top of me, but he did not lie with me: They kept me rather more than 3 Hours, and after they had done all that they thought proper, they took hold of my Hand and said, - come along. I was very much afraid of my Life, and said, Dear Sir, I will come along, but Dear Sir, spare my Life: So they carry'd me to the Man they had stripp'd stark naked.
Q. During the Time they were abusing you, was the Gag in your Mouth?
Pate. No, they did not put that into my Mouth, till they bound me to the Man.
Q. In what manner did they bind you?
Pate. They ty'd my Hands to his Hands, and my Legs to his Legs; - they ty'd us Back to Back: I had my Flanel Coat and my Shift on, but they did not know they had left me my Shift, for they had bid me pull it off, and I was pulling it off, but I don't know how it happen'd - God Almighty would not have it so.
Q. Was the other Man gag'd too?
Pate. No, nor did they bind him so hard as they did me: they put a Piece of my Pocket into his Mouth, but he could cry out, and I could not.
Q. When they had done this, what then?
Pate. They push'd us both into the Ditch, and the Man that was bound with me lay above me, I lay with my Face on the Bank, and that sav'd me. 'Tis not a Ditch that's always full of Water, but 'tis a Drain that comes from the Brill. I was undermost in the Water, and if my Head had not come on the Bank, I must have been smother'd. I lay in this Condition from half an Hour after 12, till about 5 in the Morning.
Q. Are you sure the Prisoner at the Bar was one of them?
Pate. Yes, I have great Knowledge to be assur'd; it was very light when they took hold of me, and it was light again before they had done with me. I saw them by Means of the Light of the Heavens, - 'twas Moon-light: - I have great Knowledge of the Prisoner.
Q. Was the Moon up before they had done with you?
Pate. I believe it was the Moon, but it did not shine out bright; - the Moment I was taken out of the Ditch, I said I knew the Men.
Q. When you and the Man lay in the Ditch, did either of you make any Noise?
Pate. The Man did, but I could not, 'till about 2 o'Clock, then I got the Gag a little on one Side of my Month.
Q. You was saying you knew him when you saw him; when was it you did see him afterwards?
Pate. The Prisoner was taken up on Account of a Quarrel, and I having describ'd the Prisoner so well, the Person that took him up thought he was the Man, so he sent for me, and I -
Q. Who was it sent for you?
Prisoner. This is all for the sake of the Reward.
Q. Had he such Hair on, as he has now?
Pate. I can't say whether he had a Wig or his own Hair, but I am sure he's the Man.
William Smith . I was going to work between 4 and 5 in the Morning in the Time of Tottenham-Court Fair, 'twas one of the last two Days, and I heard somebody cry, - Murder: I went to the Place from whence the Noise came, and I found a Man and this Woman ty'd together; the Man had never a Rag upon him; - the Woman had a Smock, a Flannel Coat, and her Stockings on, but she was so cover'd with Water and Mud, that I could not tell at first, whether she had any Thing on or not.
Q. Had she any Thing in her Mouth?
Smith. She had a piece of her Pocket Apron ty'd about her Mouth, but I did not see any Thing in it. I took them out of the Ditch; here's a piece of the Cord they were ty'd with.
George Field . One Wednesday Morning about 5 o'Clock, a Man came to me for a Quartern of Gin, and said, there was a poor Woman had been thrown naked into a Ditch, and was almost starved, he would drink some of it himself, he said, and would give her the rest. I took the Gin in my Hand and went with him. Our Men that work in the Fields had put her into a Clamp, (or Brick-Kiln ) but there was but little Heat in it. When I came up, the Men ask'd me for a Dram; No, no says I, the Woman wants it more than you, so I gave her a Glass, and look'd at her, she had a good likely Face, but she was in a most miserable Condition. After I had seen her, I went to my Spouse and said, Bett, there's a Woman bound in a miserable Manner, and must certainly dye; if you think well, I'll bring her here, and she shall be put to Bed; she consented, so I brought her Home and she was put to Bed, and we kept her till Friday Evening.
Q. Do you know what's become of the Man that was bound with you?
Pate. I never saw him before; when we were unbound, he ran away as fast as he could.
Ann Booth . Mrs. Pate lodged in my House at that Time; she went out, in order to go to Tottenham Court Fair, and did not come Home all Night; in the Morning a Man came and told me she desired I would send her something to cover her Nakedness.
Pate. My Lord the Prisoner has a great many Witnesses, I am afraid they are bad, let them come in one by one.
- Barnes the Constable. I took the Prisoner in custody for an Assault, and a Woman telling him he was a Highwa man and a Thief, and that he had not walked to Highgate and Hampstead for nothing, I suspected him to be concerned in this Robbery, so I sent for her, and as soon as she came into the Room, she said, to her sorrow she knew that Man to be one that us'd her ill with Morgan. I had shewn her several suspicious Persons? before, but she never accus'd any but Morgan and the Prisoner.
Prisoner. A Woman that I had some Dispute with, swore an Assault against me, and I was carried to this Barnes's House, so he sent for this Woman, whom I never saw in my Life, and the Design is, to take away my Life for the sake of the Reward. I beg you'd dive into this Woman's Character, and enquire how she gets her Living.
Q. When you Swore against Morgan, did not you swear he Ravish'd you.
Pate. It was not asked me in that Manner; I said, he did all that lay in his Way.
Richard Carsew . The Prisoner came to my House at Sittingborn the 14th of August last, and liv'd there a Fortnight; Sittingborn is 43 Miles from London. He was at Harvest-work in the Island, before he came to my House.
Q. What Time did he go away from your House?
Carsew. I can't tell.
Q. Was you never here before - to give Evidence.
Carsew. No; if you want a Character of me, I can send to Sittingborn, there's Justice Hole, and the Heads of the Place, will give me a Character.
C. But we can't stay to send to Sittingborn; do you know Mr. Pemberton there?
C. Mr. Pemberton lives within a Quarter of a Mile of the Town, and is a Gentleman of 5 or 600 a Year. What's the Man's Name at the Rose-Inn?
Carsew. I can't remember.
A Stranger. Do you know Mr. Adney?
Mr. Keaton and the Stranger deposed, that they knew Mr. Pemberton, and it was their Opinion every body that lives there must know him too.
William Low . The Prosecutrix's Name I thought had been Hoskings, then she changed it to Pulwash, and now to Pate. She was lock'd out the Night before she was robbed, and begged a Lodging at my House. She sent for me after she was robbed, and told me she could swear but to one Man, and he had a Scar in his Cheek. Afterwards she told me the Thief-takers and she had seen the Fellows that robbed her at Welch-Runt Fair, and that they knew how to find them. Some Time after this she told me the Thief-takers d - mn'd her for a Bitch, and said she must swear to some body right or wrong, for they would not spend their Time after her A - se for nothing.
Pate. They never said so; I have consider'd of the Thing, and have begg'd of God they might die before they were taken.
Low. Pate has lived about Black-Mary's-Hole, plying at the Bawdy Houses. I have heard her say, she'd swear away a Person's Life for a Farthing; she said so to my Sister, and my Sister hit her a knock in the Face for it.
Q. (To Low) Have you any body here that knows you?
Low. No; I am a Turner in Castle-Yard, Holbourn.
Pate. This Man (Low) keeps a vile House in Gray's Inn-Lane, and the Woman he lives with, has another Husband.
Susan Low . I was married to Mr. Low at the Fleet. - The Night before she was robbed she told me, she had dream'd that she was robb'd, and gagg'd, and thrown into a Ditch; and when I saw her after the Robbery, I told her, her Dream was fatal. When I asked her, if she knew the Men, she said, - as she hoped to be sav'd she could swear but to one. Another Time she told me, the Thief-takers seiz'd her to fix upon some body. I never saw the Prisoner before, so I don't come for Interest.
Q. How did the Prisoner know you could say all this?
Low. I don't know, but I was subpoena'd here.
Pate. This very Woman was try'd here for picking Pockets.
Marget Anderson. About a Week or a Fortnight before last Sessions, she said she had seen one of the Men in Tothill Fields Bridewell. On Saturday in the same Sessions, she said she saw the Man in King-street, St Giles's, and she called me to look at a Man like a Chair man, - as there's a Christ in Heaven, that's the Man, says she; and this was a Man nothing near so tall as the Prisoner, and she said his Name was O Bryan. I live in King-street, St. Giles's.
Peter Sneath I have known the Prisoner a Twelvemonth, and take him to be an honest Man; I keep a Chandler's Shop in St. Giles's. In August last the Neighbours told me he was somewhere in Kent, at Harvest Work; and from that Time I did not see him till the latter End of December.
The Jury acquitted the Prisoner.
70, 71. John Irons, otherwise Thompson , and Thomas Powle , were indicted for stealing 48 Gross of Steel-all Blades, 12 Gross of Bath-metal Buttons, 24 Gross of Sleeve Buttons, 12 Gross of Bath-metal Studds, and other Things , the Goods of Thomas Mildred , Robert Scowthorp , and Joseph Trimming . Both acquitted .
73. Joseph Clapton , was indicted for breaking and entering the House of Samuel Meagor , about nine at Night, and stealing two Pair of Brass Candlesticks, a brass Pestle and Mortar, a Brass hanging Candlestick, a Copper Tea-Kettle, a Coffee-Pot, six Pewter Plates, and other Things , Feb. 9 . And
Clapton Guilty, Felony only ; A - h acquitted .
was indicted for receiving Parcel of the said Goods, knowing them to be stole , Feb. 17 .
Clapton and Willmot Guilty, Felony only ; and A - h acquitted .
Joseph Clapton , was a second Time indicted for stealing two large brass Portage Pots and Covers, value 30 s. the Goods of Richard Grigson , Dec. 20 And A - h S - h for receiving them, knowing them to be stole , March 26 . Clapton Guilty . A - h acquitted .
Stephen Willmot , was a second Time indicted for breaking and entering the House of Richard Grigson about Eight at Night, and stealing a short Cloak with silver Loopes, value 10 s. two Shirts, val. 2 s. two Shifts, val. 2 s. a Linnen Apron, val. 18 d and a Holland ditto, value 12 d. January 19 . And.
Mr. Hookham. Last Wednesday se'en-night, I order'd my Man to clean my Cloaths, and he hung this Coat on the Rails of the Stairs. I sent him out of an Errand, and went backward my self to a Stable I have in the Yard, after I had lock'd the Hatch at the Door. In a little Time my Brother came to see me, and he stopp'd the Prisoner in the Entry with the Coat upon her. I made her come back, into the Yard, and there she fell upon her Knees, and begg'd I would forgive her. She had one Pair of Pattens on her Feet, and another Pair in her Apron.
Prisoner. I had bought a Pair of Shoes about a Month ago of a Woman in that House, and she order'd me to call for something else, so I did, and the Coat happening to fall down, I only went to take it up.
Mr. Hookham. My Lord, I have not had a Woman Servant in my House these five Years. My Sister comes to make my Bed, when she's at Leisure; when she is not, my Man-servant does it.
Mr. Hookham. Ask him if he has known, or entrusted her within these three Years?
Manning No, I have not.
Mr. Hookham. I would ask him, whether she has not had the Character of a drunken, disorderly Woman for these three Years?
Manning. I never heard any thing but that she was honest.
Mr. Hookham. This very Person apply'd to me to make up the Matter, and to know the Circumstances of the Fact; I told him, he should hear them in this Place; and the Mother of the Prisoner was with him, and declared in his Presence, that she was a drunken, idle, disorderly Person.
Q. Did you hear this?
Manning. Yes, I did.
Q. Then how could you give her this good Character?
Manning. Drunkenness is not Dishonesty.
Q. Do you keep Company with the Prisoner much?
Q. Has she not had the Character of a drunken Woman these 3 Years?
Manson. I never saw her drunk.
Q. I ask you whether she has not that Character?
Manson. Why - as to Drunkenness - I never heard any thing of Theft.
Q. Why don't you answer the Question?
Manson. Why, yes I have heard something of that; but a Person is not to be hang'd or transported for Drinking.
Jury. I desire to know how the Gentleman can live in a House, without a Woman?
Mr. Hookham. Sir, If you desire to know the Oeconomy of my Family, I'll give it you in a few Words. My Sister, when she has Leisure, comes to make my Bed; when she has not, my Man does it.
C. The People that have appear'd to the Prisoner's Character, have behav'd in so odd a Manner, that they need call some Persons to their own. Guilty 10 d.
'' Middlesex and Westminster. The Examination '' of Richard Leaver , &c. Being asked if he '' was ever married, he says he was married to '' one Catharine Avery, about 13 Years ago, at the '' Parish of Halstock in Somersetshire. Being asked '' if she the said Catharine was alive, he said, Yes '' He farther saith, That about 3 Years ago he '' found himself in Bed with Alice Allington after '' he had been much in Liquor, and she told him '' he had been at the Fleet, and that he had been '' there married. That he had had two Children '' by the said Allington, and three by Catharine '' Avery, and farther saith not.
Alice Allington. On January 18, 1733 4, I was married to the Prisoner, at the Hand and Pen in Fleet Lane , by the famous Dr. Gainham, and I liv'd with the Prisoner as his Wife, till the 23 d of July last, and have had two Children by him. His first Wife came up from Bristol to see after him, and then I left him. I don't prosecute him, my Lord, he prosecutes himself.
Prisoner. I don't own that Woman for my Wife. I know nothing about, the Wedding; I was fuddled over Night, and next Morning I found my self a bed with a strange Woman, - and who are you! - how came you here says I! O, my Dear, says she, we were marry'd last Night at the Fleet.
Allington. My Lord, he was sober, he had no Money to make himself drunk; - here's the Woman that paid for half a Pint of Gin after we were marry'd, because he had no Money.
Q. Why did you make the Man drunk, and then carry him to be marry'd?
Allington. My Lord, he had but 3 s. in the World, and when we came Home, there were 5 or 6 People to wish us Joy, and they were all forced to club for a little more Gin to make us drink. I don't want to have him hang'd; I only want him to maintain me. Here's my Certificate, my Lord.
The Jury found him Guilty .
80. John Rickets , was indicted for assaulting John Stone with both his Hands and Feet, and giving him divers mortal Wounds and Bruises on the Head, Face, Stomach, Belly, Back, Sides, and Groin, Oct. 21 . of which Bruises, &c. he languished from 10 in the Forenoon, 'till 6 in the Afternoon of the same Day, and then dy'd .
He was a 2d Time indicted on the Coroner's Inquest for Manslaughter.
It appeared that the Prisoner and the Deceased met in the Road to Chelsea, with their Carts and disputing for the Way, they fell to boxing: The Prisoner gave out, and said he had enough; the Deceased immediately was taken ill, and being carry'd to the next House, he dy'd in 5 or 6 Hours. After his Death, his Body was open'd and his Belly was found full of Blood, from the bursting of some of the Blood Vessels. Guilty Manslaughter.
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death, 8.
Burnt in the Hand, 3.
To be Transported, 38.
James Thompson , Charles Burn , Ann Hardware , James Abbot , Elizabeth Monntague , Nathaniel Visard , Eleanor Smith , William Rants , Richard Debell , Joanna Nichols , Alice Haperjohn , Richard Cook , Peter Binyan , John Newman , John Irons , Richard Blunt , William Powel , William Starr , Sarah Silly , Thomas Hargrove , John Steel , Samuel Neal , Joseph Clapton , John Clapton , Stephen Wilmot , John Phillips , William Warner , James Ingram , Henry Johnson , Constant Seers , Thomas Killcup , Thomas Davis , John Dixon , John Nichols , Mary White , Mary Pye , Thomas Matterson , and Robert Williams .