WEDNESDAY the 7th, THURSDAY the 8th, and FRIDAY the 9th, of SEPTEMBER,
In the 11th Year of His MAJESTY'S Reign.
Seventh SESSIONS in the MAYORALTY
Right Honourable Sir John Thompson, Knight,
LORD-MAYOR of the CITY of LONDON.
For the YEAR 1737.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane,
BEFORE the Right Honourable Sir JOHN THOMPSON , Knt. Lord-Mayor of the City of London; the Honourable Mr. Baron THOMPSON ; Mr. Serjeant URLIN, Deputy-Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
1. Joseph Gillam , was indicted for stealing a Brocade Silk Night Gown, value 3 l. a Tabby Night Gown, value 20 s. a black quilted Petticoat, value 2 s. 6 d. a Holland Shift, 5 s. a black Silk Cloak, value 2 s. 6 d. a Silk Handkerchief, value 4 s. 6 d. four Yards of Scotch Cloth, value 2 s. a Napkin, value 12 d. two Pair of Clogs, value 5 s. a spotted Muslin Apron, laced with Point, value 20 s. a Cambrick Mob, with Brussel's Lace, value 20 s. a Cambrick Mob, with Mechlin Lace, value 20 s. a Cambrick Tucker, value 2 s. 6 d. a white Necklace, value 6 d. a Neck-Handkerchief work'd with Thread, value 20 s. a Cambrick Apron, value 5 s. a Cambrick Ruffle, value 6 d. the Goods of William Stepple , August 5 .
James Castle . About 4 or 5 o'Clock, August 5, I was carrying a Bundle of Mr. Stepple's Things to the East-Ham Coach; the Prisoner met me in Whitechapple , and asked me if I did not come out of Thames-street? I told him no; then he enquired if I was not going to the East-Ham Coach with my Bundle? I said, - Yes. You'll be too late, says he, the Coach is just going off, and so he snatched the Parcel from under my Arm, and away he ran with it, and turn'd up Gulston-street. I follow'd him, and cry'd Stop Thief; upon which several People pursued him, and he threw down the Bundle, in hopes of making his Escape, but he was taken in Gulston-Square. I am positive to the Prisoner, because he was not three Minutes out of my Sight.
Q. Was he carry'd before a Justice of the Peace?
Castle. Yes; and I was present, and charged him with taking the Things, but he did not say any Thing to excuse himself, as I heard.
Castle. No? he snatch'd it out of my Hands.
Q. Where does the East-Ham Coach stand?
Castle. At the White Hart and Three Tobacco Pipes, in Whitechapple.
Q. When he had got the Bundle from you, did he run towards the Inn?
Castle Yes, he ran a little Way towards the Inn, and then he cross'd the Street from the Inn, and ran up Gulston street.
Prisoner I walked a little Way before him, - pray, ask him why he did not immediately cry out - Stop Thief?
Castle. Because I thought he might belong to the Inn, 'till I saw him run out of the Way.
George Rawlins . I was going up Gulston-street, on the 5th of August, and heard the Boy (Castle) cry - Stop Thief. I turn'd to see what was the Matter, and the Prisoner was just then at my Elbow. As he ran, he threw down the Bundle, so I call'd out - Stop Thief, and though he run very fast, yet the People took him at the Corner of the Square. I am very positive the Prisoner is the Man that was taken, but he flew so swiftly by me, that I could not then take any particular Notice of his Face. I said to him, - you Rascal, how dar'd you take the Bundle from the Lad? why, says he, I did not design to run away with it; this was his Answer, as near as I can remember.
Robert Wilcox . I happen'd to be in Gulston-Square at this Time, and seeing the Prisoner runing along, without either Hat or Wig, and hearing People cry Stop Thief, I took hold of him, and held him 'till the Boy and the other Witness came up. He had nothing upon him, when I seized him, for (it seems) he had thrown the Bundle away before I saw him.
Defence. I was walking along, and met the Boy very hard loaded; I asked him how far he was going? He told me he was going to the Ham Coach. I told him I would help him; so he gave me the Bundle to carry for him; but I had not gone far, before I saw some Bailiffs following me, and considering that I owed a Man 5 l. I flung down the Bundle and took to my Heels: upon which the Boy cry'd out, - Stop Thief, and these People took me. Guilty 10 d.
John Weldon . On the 26th of August, I was going up into the Buildings upon ButolphWharf , and in the first Story I found the Prisoner running away from a Hogshead of Sugar. I saw something in his Apron, so I seized him, and found his Apron and his Right Pocket full; we weighed the Hogshead, and found 49 lb. wanting; sixteen Pounds we took out of his Pocket and Apron, and upon comparing it with the Sugar in the Hogshead, it prov'd to be the same. He told me it had been given him by a Sailor, and begged I would let him go; but I took him into the Capsel Room to my Partners, and they sent for a Constable. The Sugar belonged to one Mr. William Coleman .
Prisoner. Ask him if I was in my Senses, and if I was not so fuddled, that I could not stand:
Weldon. I really can't say whether he was or not; he appeared a little in Liquor, but most of us thought he only shamm'd it.
Adkins More , Constable. I was sent for to take Charge of the Prisoner, and the Sugar that was found upon him. I asked him how he came by it? He said a Cooper had given it him, and that he only went up into the Buildings to pick up a few Hoopsticks; but at last he rapp'd out an Oath, and bid Weldon take Care what he did, for he could not swear he saw him take it. He shamm'd being drunk, - but so he has done very frequently upon the Keys. I have seen him with something in his Hat-several Times upon the Wharfs, and have had several Runs after him, but could never take him 'till now.
Prisoner. I know nothing of it, and my Witnesses are all dead. Guilty Felony.
Chambers Acquitted ; Hacker, Guilty .
John Gillings . I charge the Prisoner with taking the Lead from the top of the Houses, on Saturday Morning, the 30th, of July. Two of these Houses are empty; they stand at the lower end of Foxes lane, near Pelican-stairs, Shadwell . I was call'd out of Bed between 2 and 3 o'Clock in the Morning, and found the Lead carried about 16 Feet from the Place where it was fixed, and just ready to be thrown down.
A Witness. I can't say any Thing to the Prisoner's taking the Lead, but hearing the Noise that Thieves were upon the Top of the House, I went up, and saw the Lead ripp'd up, and the
Another I was on board a Ship hard by, but hearing the People say, a Thief was behind the Chimnies, I came ashore with a Staff 6 Feet long, and a Ladder being raised against the Houses, I went up, and asked the Prisoner what he did there. What's that to you says he? Come along say's I, and immediately I seized him, and brought him down. There was about 2 hundred Weight, roll'd up and carry'd to the Corner of the House, just ready to throw down.
Q. When did any of you see the Lead fix'd?
Gillings. We see it almost every Day.
Defence. I came from Shadwell Market to these Houses, and the Street being all in an Uproar, I asked what was the Matter? The People told me, that somebody was stealing Lead from the Tops of the Houses; so I went up the Ladder to help them take the Thief, and when I was upon the Top of the House, that Man came up with his Staff and knocked me down.
A Witness. I was the Man that set up the Ladder; I was the first that went up, and there was no Person upon the House but the Prisoner.
Gillings. I help'd this Man to raise the Ladder; the Prisoner never went up the Ladder. - I believe he got in at the Cellar-Window of an empty House.
Margaret Tyler . I have lived 5 Years next Door to the Prisoner; he is a quiet Neighbour, and never would be Drunk, - no, never of a Sunday in all his Life, but would go to Church. As to this Affair, I know nothing of it, - the Man's a Bricklayer by Trade. This very Day the 29th of July, I sent him with two Rabbets to Poplar; he return'd to our House between 8 and 9 o'Clock at Night, and 'twas half an Hour past One before he left us.
Q. And what then?
Tyler. Why I never heard any ill of him in my Life.
Q. To the Prisoner. You say you are a Brick-layer, where are any of your Masters, for whom you have work'd?
6. Eleanor Adams , of St. Andrew's Holborn , was indicted for stealing a Gold Ring, value 11 s. a Silver Spoon, value 4 s. 6 d. and 5. Guineas in Money, the Property of Joshua Howard , in his dwelling House , July 16 .
Joshua Howard. The Prisoner liv'd 3 Weeks with me as a Servant ; on the 18th of July, in the Morning, she went away, - before my Wife was up. Her going away in this Manner made me suspect she had robb'd me, so I search'd about the House, and I miss'd 5 Guineas, a Silver Spoon, and a Gold Ring; they were lock'd up in a corner Cupboard.
Q. Was the Cupboard broke?
Howard. No; therefore I suppose she had a Key which would open it; or she might watch her Opportunity and take our Keys.
Q. When, and how did you take the Prisoner?
Howard. I was informed she was at Islington, so I went there, and met her last Sunday Night near the Green Man, in the Road to Holloway. I charged her with the Robbery, and told her she must go with me; she said, she had not meddled with any Thing, but as we were coming along, she owned that she had taken two Guineas. I got a Warrant for her that Night, and carry'd her before a Justice; there she own'd she took the Spoon out of the Cupboard, and had laid it upon a Shelf in the Shop, upon which the Justice committed her to Prison. On-the Tuesday, the Justice would have had her to have sign'd her Confession, but she refused. She told us, that she had taken the two Guineas one Morning when my Wife was gone to Covent Garden. We are both of us out every Morning about two Hours; she goes out with Fruit, and I with Milk.
Howard's Wife. A Neighbour having informed me, that my Maid liv'd extravagantly when I was abroad, I suspected her to be the Thief; so I enquired into the Affair, and I found out this Mrs. Victor, her Acquaintance. Mrs. Victor had receiv'd a Guinea from the Prisoner, to buy Shifts and Aprons. Upon this, I taxed her with the Robbery; - She wished sad Wishes, if ever she was Mistress of a Guinea in her Life: (this was one Night when we were going to Bed.) I told her I would enquire farther into it next Morning, but next Morning, when I got up, - my Maid was run away.
Ann Victor . I did not know any Thing of her having any of Howard's Money: - 'tis true - indeed, - she did give me a Guinea to buy some Linnen for her; and she told me it was Part of her Wages, receiv'd at a Place in the Country; but a Fellow-Servant where she had left her Cloaths, having run away with them, she
Q. When was all this?
Victor. This was within a Week after she came into Howard's Service. I saw she had 2 Guineas more, (at that Time) and some Silver.
Mrs. Howard. The Prisoner own'd, that she took the Money out of a Horn Cup, two or three Days after her first coming to us.
Defence. I am very Innocent, - I was frighted when they took me, and did not know what I did
Q. But what was the Reason that you ran from your Service in so abrupt a Manner? What do you say to that?
Prisoner. I was frighted, - and so I was, when I was before the Justice.
Mr. Howard. She was never threaten'd at all; she confessed voluntarily where the Things were. Guilty 39 s.
7. Elizabeth Campbell , of St. Andrew's Holborn , was indicted for stealing a green Silk tabby Gown, faced with red Damask, value 3 s. and a Bermudas Hat, value 2 s. the Goods of Jane Knolton , August 24 . Guilty 10 d.
Peter Movillion . These are 5 Pieces out of 12, which we lost out of our bleaching Grounds, the 23d of June last. We could get no Information concerning them a great while: but at last I heard of a Woman, who knew something of them. The Prisoner at that Time, worked at Mr. Gerrard's, and he having a Ring of this Woman's, she came to enquire after her Ring; the Prisoner told her he had some Pieces of Printed Linnen, and desired her to get some Money upon them: One Mr. Vincent over-hearing this Discourse, informed me of it, and I found out that Woman, the next Witness. The Goods were found in the Possession of one Grace Adkins , but she is secreted. These Pieces now produced, are Part of the Goods taken from the Bleaching Grounds; they are not half finished, or whiten'd, nor are half the Colours in them which they should have.
Q. Why do you lay them as the Goods of a Person unknown?
Mr. Movillion. Because they have cut of the Marks at the Ends of the Pieces, by which we know every Man's Goods.
Mary Skreen . The Prisoner at the Bar about 4 Months ago, took a Ring from me, and when I went to him to ask after my Ring, he told me he had 7 Pieces of printed Linnen to dispose off, so one Day he brought the 7 Pieces to me, and desired me to get him 7 Guineas upon them, if you can do it says he, I have 4 Pieces more, and I will bring you them too; I told him I could not raise the Money; then he asked me if Grace Adkins could, and while we were talking of her, who should come in but Grace her self; I did tell her of these Pieces of Linnen, but indeed, my Lord, I did not ask her to lend the Money upon them. Grace told the Prisoner, tho' she could not lend so much Money upon them, yet she would borrow it, and she did so, and I saw the Money paid to the Prisoner, and the Goods deliver'd to Grace. I did not take Notice of the particular Time, but I think it was about a Month before the Prisoner was taken up. - Hold, - by Recollection 'twas about the 25th of July, and there were 6 Pieces then pledged to her. She ( Grace Adkins) lives at 'Squire Clark's at Spring Gardens
Q. Pray what's become of this Grace Adkins?
Skreen. I did not see her for a Month after the Goods were pawn'd to her, not till the very Night that the Prisoner was taken up; then she produced the Goods, and she fell out and quarrell'd with me for saying any Thing about them.
Q. What's become of Grace now?
Skreen. I do not know indeed.
Mary Powel . Grace Adkins borrow'd the 7 Guineas of me, which the Prisoner had upon the Goods; she was to pay me again. I never saw the Prisoner before that Time, when Grace paid him this Money for the Pieces of Linnen, but I never saw them open'd.
Skreen. This is one of the Pieces that he then deliver'd.
Mr. Movillion. I took the Goods at Grace Adkins's Lodgings, the 24th of July.
Clement Webb , Constable. These are the same Goods which were deliver'd me at Grace Adkins's Lodging; and she own'd before the Justice that they were the very same which the Prisoner brought to her. At the Watch-house he told us, he bought them of a Scotsman, one John Johnson , who traded to Holland. These are the same Pieces, - here's 4 whole Pieces, and 2 half Pieces.
Skreen. He brought first 2 Pieces - then four; and one of them he redeem'd the Night before he was taken up.
Prisoner. If I may be indulged 'till to Morrow Morning I will bring my Witnesses.
Q. Where's this Grace Adkins?
Prisoner. I don't know, she's a Stranger to me.
Q. To Skreen Has the Prisoner used any Endeavours to get you out of the Way?
C To the Prisoner. Your Trial was put off in the Morning, because your Friends were not come, who were to give an Account how you came by this Linnen?
Prisoner. They are not come yet.
C. If you have any Witnesses send for them, you shall have an Hour allow'd you.
The Prisoner was taken from the Bar, and allow'd an Hour's Time to produce his Witnesses, but none appearing he was put upon his Defence.
Prisoner. I did not buy these Goods, I had them of one John Johnson, who Trades over Sea; I met this Man one Day, and I went with him to the White Swan Ale-house at Holborn-Bridge, and he ask'd me to get him 7 Guineas upon them; I carry'd them to Skreen's for him, and she produced Grace Adkins.
Constable. He told me he bought them of Johnson, and that he had bought Goods of him, and sold them several Times.
Mr. Movillion. The Prisoner was a Servant to another Printer, and he and his Brother went suddenly from their Places upon such another Affair.
Q. Have you no Body here from the Swan, where you say this Johnson deliver'd you the Goods?
Constable. Why, he told me himself, that he knew the Goods were not finish'd.
Skreen. Adkins told me the Prisoner offer'd to sell her 2 Gowns at 5 s. a Piece, and that she had bid him 4 s. 6 d. The Prisoner was then in Company with us, - we were all drinking Tea, and in Discourse, Grace said, she would have the first Man that asked her the Question. The Prisoner asked her if she would have him? Upon my Faith (says she) I will; upon which they both went to Merlin's-Cave at Charing-Cross, and there the Prisoner tore off enough Linnen to make her a Gown, and made her a Present of it, to bind the Bargain. I have seen several Gowns upon the People's Backs, which Grace Adkins had sold for him.
The Court allow'd the Prisoner 2 Hours more to send for his Witnesses; after which, Mr. Norton, and Mr. Lutwych appeared.
Lutwych. The Prisoner's Sister gave me Money for Councel and Subpoena's against to Morrow.
Norton. I am the Prisoner's Father's Agent, and the Prisoner used to bring me a Guinea now and then to send to his Father, for he said he thought it his Duty to help him in his Need, as long as he was able, and I commended him for it. The Prisoner has work'd 3 Years in Whitster's Grounds, and I never heard ill of him before.
Lutwych. I gave Subpenae's to Mr. Dottery and his Wife, but I did not imagine his Trial would have been 'till to Morrow
Mr. Movillion. Mr. Dottery is the Prisoner's Brother-in-Law, and he told me positively, that he should not care to appear at the Old-Bailey for him.
Joseph Jarvis . I am Servant to Mr. Watson a Printer, the Prisoner was under me, and he behaved well till latterly: 'tis 3 Years ago since he worked with me first. About the Time that I complained the Grounds were robb'd, he went away, and never bid me God b'w'y.
Q. What was the Cause of his going away?
Jarvis. I don't know.
Q. Upon your Oath did not Mr. Watson turn away 2 Servants for being Acquaintances and Accomplices of his?
Jarvis. Yes, he did.
A Woman. I know the Prisoner to be an honest Man; I have known him some Years, and I never knew any Thing but good Behaviour by him.
Q. Are you any Relation of the Prisoner's?
Woman. Yes, I am his Sister. He bore a very good Character, both in the Country and here; Mr. Dottery would have appeared for him, but he's not at Home. Guilty Felony only .
Jacob Kendall , in the Parish of St. Botolph Aldgate , July 15 .
Jacob Kendall I charge the Prisoners with breaking open a Door, and robbing me of a Pewter Bason and Dish, and other Things, between 3 and 4 in the Morning; they had moved 3 Sauce-pans, 2 Stew-pans, and a Tea-kettle, in order to carry them off. The Door they broke was adjacent to the Kitchen, and was lock'd fast. The Pewter Dish and Bason they had carry'd off a good Way. - I swear they were in my Wash-house between 3 and 4 in the Morning.
John Bundry . I was going to my Labour about a quarter before 4 in the Morning, and I saw Mr. Kendall's Door open, and the Prisoner Howard coming out. I observ'd him to put his right Hand back and pull too the Door, so I went up and asked him what he did there? Then he pretended to be making Water, within a Yard of the Door: I pushed it open and saw the Stew-pans and Sauce-pans, and the Tea-kettle, all ready to be taken off. I saw nothing of Harrison, but Howard I took particular Notice of, and observ'd that his Hands and Face were crock'd and black'd.
John Sanders . I am a Baker, and live exactly against Mr. Kendalls. The Morning he was robb'd I was up at Work, and as I was opening my Window, I saw the Prisoner Harrison at Mr. Kendall's Wall, with something like a Bundle under his Arm. He pretended (when he saw me) to be making water too, so I went to my Work, but in about half an Hour, my Wife bid me go and see what was the Matter at Mr. Kendall's; when I came there, I found they had got Howard; and Harrison coming in, to enquire what the Disturbance was, I told the People that I had seen him about half an Hour ago, with a Sack full of something under his Arm; upon which Mr. Kendall detained him with the other.
Q. The Things that were remov'd, and lay ready to be carry'd off, - where did they stand over Night?
Kendall. In my Wash-house. We found the Things again which they had carry'd off, in King Harry's Yard, not far from my House.
Sanders. While I was telling Mr. Kendal that I had seen Harrison with a Sack under his Arm, some People came in with one which they said they had found in Maudlin's Rents, in a Dust Cart, and the Goods in it proved to be Mr. Kendall's.
Prisoner Howard. I know nothing of the Man's Goods being stolen: I was going to the Hermitage, and stopping at Mr. Kendall's Door to make Water, a Man rushed out of the House, and went by me.
Bundey. When I saw Howard turn as if he intended to make Water, there was no Body at all passed him.
Howard. As to my Hands and Face being crock'd, I had been mending a Hole in a Porridge-pot for a Woman, who is here in Court, and she gave me 6 d. for doing it.
C. This is a notable Evidence; as it happens she cannot swear you was at another Place.
Margaret Cannon . Howard (the Prisoner) liv'd with me about 3 or 4 Months, and kept very good Hours. The Morning this Thing happen'd, I let him out; the Watchman (as I shut the Door after him) went - past 3 o'Clock? I heard no more of him 'till I heard he was in Trouble.
Q. How far is your House from Mr. Kendall's?
Cannon. I live in Church-Lane, Whitechapel. Mr. Kendall's is about a quarter of a Mile from thence.
Howard. There is the Woman whose Porrige-pot I mended, and crock'd my Hands and Face in doing it.
Howard. Ask her, my Lord, if I did not mend her Porrige-pot that very Night? - 'Twas an Iron Porrige-pot, and I had 6 d. of her for mending it.
Vaughan. I am upon Oath, and can't say any Thing I don't know, - no, - upon my Oath, I know nothing at all of it.
C. That seems to be true: 'Tis sworn upon him here:
Q. Does not he deal in Pewter?
Colcott. I don't know what he deals in, - not I.
I never was guilty of such an enormous Crime in all my Life. I am a Seaman , and I came here in the Contrivance, Capt. Franklin. The Night this Thing happen'd, I had been drinking at the Newcastle upon Tine, at the Hermitage, with some Seamen who were to help me to a Birth; I came
Q. To Sanders. Was not that the Man you saw with the Bundle under his Arm?
Sanders. Upon my Oath 'tis the same Person.
Kendall. Harrison says now, he is a Sea-faring Man; when he was before the Justice, he said he was a regular bred Parson, and had worn Canonical Robes. They both said then, they lived in Petticoat-Lane, and had liv'd there 3 Months.
Harrison Why, I served my Time indeed at Sea, but I was brought up and educated at Eaton College.
Howard guilty of Felony, Harrison Acquitted .
12. Ann Duff , of St. Mary Whitechapel , was indicted for stealing a Woman's Cloth short Cloak, value 12 d. the Goods of Nathaniel Pool , and 2 pair of Worsted Stockings, value 12d a Nutmeg, value 1 d. a half Guinea, and 6 s. in Money, the Property of John Weldon , Aug. 15 .
The Prosecutor not appearing, though several Times call'd, the Prisoner was discharged, and the Court order'd the Recognizances to be estreated .
13. John Daffon , was indicted for that he not having God before his Eyes, &c. on Richard Daffon , (in the Peace of God and our Lord the King then being) did make an Assault, and with a certain Knife made of Iron and Steel, value 2 d. which he the said John in his Right Hand held, to him the said Richard did cast and throw, and him the said Richard on the right Part of the Back above the Bone of the right Hip did strike, giving him a mortal Wound of the Breadth of one Inch, and the Depth of one Inch; of which mortal Wound in the Parish of St. Clement Danes, he languished, and languishly lived from the 6th of July to the 24th, and then and there died.
Mr. Pitt, Surgeon. The Misfortune happen'd on Tuesday or Wednesday the beginning of July. I was sent for immediately, and found the Deceased wounded in the Back, and a large Blood Vessel belonging to the Kidneys being cut, there was a great Effusion of Blood; but upon dressing him, it stopp'd. I attended him 3 Times, and then he was so well, that I order'd him to come to my House to be dressed for the future; and during that Time, he grew so well, that he went out of Town to his own Place, (to Chiswick) I was apprehensive he would go to work too soon, therefore I cautioned him against it, and advised him to live regularly, and not to use any Exercise. The Week following, I was obliged to go out of Town, but the Deceased was then in so good a Way, that I told him in 2 or 3 Dressings he would be well. When I came Home again, I heard he had been abroad with some Fidlers, had got drunk, that there had been a Flux of Blood, and that he was in a Fever, which I believe was the Occasion of his Death. The Monday before I took him to be quite out of Danger.
Q. Was the Effusion of Blood any Cause of his Death?
Mr. Pitt. No, for we lost no Blood from the Time of dressing him first, till he was guilty of this Irregularity.
Q. Might not the Fever have occasioned his Death without this Wound?
Mr. Pitt. I cannot take upon me to say the Wound occasioned his Death, his Fever was very violent.
Q. What Business was the Prisoner?
Mr. Pitt. A Fisherman .
James Powel . The Deceased and his Partner were at Work, and a Gentleman, the City Marshal, came and took their Net away; so the next Day they went to see if they could beg it of him again; then they went to the Hat and Feather in Milford-Lane , and sitting down at a Table, the Prisoner said to the Deceased's Partner, - come don't be dead-hearted for one Net, - let's have a Pint of Beer and drink, for I am very dry. The Deceased in a mouthing sort of a Way, swore, - damn you, you want to get drunk all Day, - you shall have no more, and he order'd the People to bring none. The Prisoner upon this took up a Knife, and dash'd it on the Table, and it slid to his Son (the Deceased) and gave him the Wound.
Q. Did he dash the Knife upon the Table, or at his Son?
Powel. He dash'd it in a Passion down on the Table, not at the Boy .
William Wells . The Deceased and I were at Work together on the Wednesday, and our Net being Seized, we went together to see if we could get it again. We found the Net was not to be recover'd; so as we were returning, the Father said to me, Come don't mind the Net, - Shall we have a Pint of Beer? I said, Aye, with all my Heart; but the Son said, - you are Drunk enough already, and bid the People not bring any more. Upon that, the Prisoner catch'd up a Knife, and accidentally dash'd it on the Table, and it
- Sanger. I have known the Prisoner twenty Years, a very honest, peaceable, quiet Man; if he had any Fault, 'twas being rather too indulgent to his Children
Another Witness spake much to the same Effect.
The Jury acquitted the Prisoner, and found that the Son died of a Fever.
The Prosecutor not appearing, the Prisoner was Acquitted , and the Recognizances were order'd to be Estreated.
Richard Cox. I keep a Publick-House ; on Monday the 29th, of August, the Prisoner came in between 1 and 2, after Dinner, and call'd for a Tankard of Beer. I pass'd to and fro' in the House, while he was drinking his Beer, and at last some body call'd me out into the Street: I look'd back and saw the Prisoner go towards the Necessary-House in the Yard. When I went in again, I met the Prisoner coming out: I observ'd his Coat was then button'd up close, when he came in it was open. Here, says he, take your Reckoning, (and he gave me a Shilling) if a Man in a green Coat should come to ask for me, tell him I am gone. But seeing something button'd up in his Coat, I pull'd it open, and found these Six Plates upon him. I carry'd him before Sir Richard Brocas , and there he own'd he took them, and said he did it out of Necessity, - and the like.
Defence. My Lord, there was a young Man with me, and it was he that gave me the Plates: Says he to me, there are some Plates in the Yard, we'll have half a Dozen of them: I bid him let them alone, but he would take half a Dozen, and then he gave them to me, and I put them in my Bosom. - Here Mr. Cox, you did not give me my Change out of the Shilling, I gave you for the 3 Pints of Beer, I hope you'll give it me now.
Cox. Aye, - Here's your Change, - and I thank you for leaving the silver Tankard behind you. Guilty
16. John Totterdale , of St. John the Evangelist , Victualler , was indicted for that he not having God before his Eyes, &c. August 1st , on Mary his Wife, did make an Assault, and with both his Hands, in and upon the Stairs of his dwelling House, the said Mary did cast and throw down, and she on the Stairs so lying, he, the said John did drag and pull down to the Bottom; and her the said Mary, from the Bottom of the said Stairs, into a certain Room in the said House, did cast and drag, and the said Mary so lying on the Floor, he, with both his Hands and Feet, her Head, Neck, Breast, Shoulders, Back, Sides, Belly and Thighs did strike, kick and stampt upon; giving her, as well by throwing and dragging her down the said Stairs, as by stricking, kicking and stamping upon her, several mortal Bruises, of which she instantly Died .
He was a second Time indicted on the Coroner's Inquest for the said Murder.
Daniel Brown . I lodged in the Prisoner's House when this Fact was committed. On the first Day of last Month, I went Home a little before five. (The Prisoner keeps a Victualing House in Vine-Street, Westminister, the Sign of the Two Brewers ) All then was very good humour'd; the Deceased was in a Room with two Women; she seemed to be a little in Liquor, but that I don't Mind. I sat down and drank with some Company in the House, and the Deceased went out, - but where or how, - I can't tell; that is, I did not Mind; - for why? - It was none of my Business, - but she did go out of the Room, and was out a Quarter of an Hour. I sat down and talk'd with this Woman here, she's a Witness too, - and I saw the Prisoner take a Knife and Fork, and he went up Stairs, - as it happened, - but indeed it was more than I knew. After the Prisoner had been up Stairs a little while, says the Woman here, ( Margaret Phillips ) Lord - Brown, there's a great Noise in your Room. Well, says I, if there is, fight Dog, fight Bear, and the Devil part you; I have parted you too often already, for the Woman told me Totterdale was beating his Wife. But presently I heard, - Murder, - Murder, in a soft, faint Tone; so upon that, I ran up Stairs, and found the Prisoner standing at the Chamber Door, and his Wife laying on the Floor; he was stamping upon her, and kicking her, - I saw him stamp 2 or three Times upon her as she lay upon the Floor; but I got hold of the Knife and Fork and took him down Stairs. I look'd upon the Knife to see if it was bloody, but I saw none upon it. The Prisoner staid some little Time below Stairs, and in the mean Time, my Wife went up, and convey'd the poor Woman into my Room, and then I thought all was over; but instead of that he went up Stairs again. I follow'd him, and when we came to my Chamber-door, he asked me
Brown's Wife. I had been abroad the 1st of August, but I came Home about Two o'Clock, and went into my own Room. I had not been there long, before I heard a Noise in the next Room, I open'd the Door and found the Prisoner was beating his Wife, he asked her for a Cap, she said it was below, and upon that he went down Stairs. When he was gone, I call'd Molly, Molly, come hither; so I got her into my Room, and draw'd the Curtains over her to hide her, and lock'd the Door. About 5 o'Clock the Prisoner came up and open'd the Door, he look'd about the Room for her, and at last pull'd open the Bed-Curtains; then he took her by her two Legs, and haul'd her off the Bed upon the Floor, and as she lay, he stamped upon her Head, Belly, Stomach and Legs, and after he had stamped upon her, he kick'd her all to pieces, and flung her down Stairs; then he dragg'd her into their own Room, and lock'd himself and her in. I thought they were gone to Sleep, so went out, - but when I returned, the Woman was Dead.
The Surgeon. The next Day, or the 2 d Day after the Woman was kill'd, I view'd the Body. Upon the external View of the Corps, I saw so many Marks of Violence, that put me upon being careful and inquisitive in my Search, I turn'd the Body on one Side, and found two or three Ribs fractured. There was a Stab in her Right Arm, that went into the Joint; it was 4 or 5 Inches deep, and seemed to have been made with a Knife. The Instrument went under the Nerves, and so happen'd to cut no Blood Vessel. Upon opening the Body, I found nine Ribs fractured; two or three of them were broken in 3 or 4 Places; one in two Places, another in 2 or 3, another was mash'd all to Pieces; two whereof were beat in, upon the left Kidney. I observ'd something farther, which was very particular. There was one Rib in the Middle of broken ones, that was not fractured at all; which convinced me, that the rest were broke at several Times, and I imagine with the Heel of his Shoe: for if those that were broke, had been fractur'd by any Instrument, which would broke more than one at a Time, it would have been almost impossible that this single Rib should have remained unhurt in the Middle of the fractur'd ones. This Treatment occasion'd her Death; and 'tis my Opinion, that if but one of her Ribs had been fractur'd in the Manner that 3 or 4 of them were, it would have been impossible for her to have liv'd.
A Woman. I happen'd to come on the 1st of August to the Prisoner's House to speak to Margaret Phillips (my Cousin) and he was then in a back Room where he lies o'Nights. We call'd for a Pint of Beer, so he came out and drew it for us, and was in a very great Hurry for the Money. Then he went backward into the Yard where he keeps Hogs, and returning, he comes to us, - and damn you, - you Phillips, (says he) where's my Bitch? I don't know, says she, unless she is among the Hogs in the Yard. You have hid her in your Room, says he, and immediately he took up a Knife and Fork and went up Stairs. I heard a great jumbling after he was got up, so says I, Phillips, how can you sit here, and not go up? If I go up, says she, he'll run the Knife into my Guts. The jumbling continued a little while, and then I saw the poor Creature come tumbling down the Stairs, and her poor Head came knock, knock, knock, upon every Stair, and
Margaret Phillips. I can speak out, - in an honest Cause. Just before she dy'd, (the same Day) he sent her out to see if she could get a Debt of 5 s. which he never expected to receive, and I (having occasion to go out,) met her, returning with the Crown: She told me she had got the Money, and that her Johnney would give her a Judas's Kiss for it. I came back with her, and he kiss'd and embrac'd her, as if it had been the first Day they were Marry'd. My Cousin and I were drinking a Pint of Beer, and while we were together he went out into the Yard, and when he came back, he ask'd us, where his Bitch was, - There he stands, he can't deny it, - Your Bitch, says I, why your Bitch is in the Yard among the Hogs, I believe; for I thought he meant a Bitch that he kept, and had had Puppies by. Then he took a Knife and Fork, and as he went up Stairs, I said, What do you mean your Wife, by your Bitch? - God mend me, - You have been just now Kissing her. Aye D - n her says he, I'll do for her, and went up Stairs with the Knife and Fork. I saw him throw her down Stairs and stamp upon her.
Q. Did you see him do any Thing to her upon the Stairs?
Phillips. No; but when he had dragg'd her into his own Room, I peep'd thro' the Key-hole and saw him stamping upon her, as if he would stamp her Guts out. She dy'd in about an Hour from the Beginning of the Affair.
A Woman. I know nothing of the Murder, but I went next Day to the Gatehouse, and I said John, John, What have you done? I have kill'd your Sister says he; the Devil drove me up Stairs to her, and when I had kill'd her, God would not give me Power to run away.
A Soldier. I was going to see the Races on the 1st, of August and met my Wife, she told me Totterdale had Murder'd his Wife: No, no, say, I, he has only half Murder'd her, as he frequentsly did: However, I went to the House and would have gone in, but a Miss he kept forced against me to keep me out of the House, D - n you, you Bitch says I, would you hinder me from coming into a House where Murder has been committed? So I threw her against the Wall and went into the Back-Room, there I saw nothing; but going into the Yard, I look'd in at a Casement which was open, and there I saw the Prisoner. We got a Constable, and he asked him whether he did the Murder? The Prisoner only said, he could not help it.
Prisoner. I know no more of it, than the Child unborn.
Q. To the Prisoner. Have you any Witnesses?
Prisoner. They are not come yet.
Coroner. He has an own Brother hard by; but neither his Mother, nor Brother will appear for him. Guilty , Death .
17. Ruth Woodward , was indicted, for that she on the 5th of February, in the 3d, Year of his Majesty's Reign, at the Parish of St. Helins, Married William Woodward , and afterwards, to wit, on the 9th, of August last, feloniously Married Robert Holmes , her former Husband being in full Life .
Mrs. Calloway. I was at the Prisoner's Wedding, when she was Married to William Woodward, 'tis about 7 Years ago, and they were Married at Great St. Helens Church. He kept a Publick House and she liv'd with him about 7 Years.
Counc. And is it not a Wedding Shop too?
Q. And who was the Parson?
Hall. I don't know the Person's Name; but 'twas a Man that once belonged to Creed-Church.
Q. Pray how came you to be at the Wedding?
Hall. I was coming from Work, and was asked to go in and Drink. I knew very little of Holmes, but I have known Ruth the Prisoner many Years.
Q. Was you the Parson's Assistant? Did you stand for Clark?
Hall. No; I know nothing of the Parson?
Q. How dost know he was a Parson?
Hall. I don't know - he had a black Gown on, and I believe, I have heard him Preach at Creed-Church, about 7 or 8 Years ago: I asked
Q. Was you present all the Time the Ceremony was performing
C. What, you was Father I suppose
Hall. Yes, Sir.
Q And how long ago is it, since this Honour was conferr'd upon you?
Hall. 'Twas the 9th, of last Month.
Coune. What sort of a Man was the Parson?
Hall. A very lusty jolly Man.
Counc. Because there's a Complaint lodged in a proper Court, against a Fleet Parson, whom they call the Bishop of Hell.
Counc. The Man had a black Gown on, and 'tis not incumbent on us to shew he was in Orders.
Prisoner. I never had but one Husband, and that' Woodward.
C. But here's Hall that says he was Father, when you was Married at the Barber's Shop.
Prisoner. I'm sure if I was, I was so much in Liquor, that I remember nothing about it.
Q. Why don't you remember you was at the Barber's Shop, - the Hand and Pen.
Prisoner. No; I was very Drunk.
C. Drunkenness is no Excuse in Law, for any Crime. The Jury acquitted the Prisoner.
18, 19. Richard Franklin , and Dorrel Smalt , were indicted for breaking and entering the dwelling House of Richard Walker , about the Hour of 12 in the Night Time, and stealing thence 12 Yards of leaden Pipe, and a brass Cock fixed thereto, val. 38 s. the Goods of Richard Hoare , and Thomas Smith , June 4 .
Richard Sanders . This Man ( Joseph Smith ) came and surrender'd himself to me, in order to make himself an Evidence for the King; and he made an Information before my Lord Mayor of Several Thefts and Street-Robberies, in which he had been concern'd with the Prisoners.
Joseph Smith. On the 3d, of June last, the two Prisoners Franklin and Smalt, met at Tom Gale's House; 'tis a disorderly House in Black and White-Court in the Old-Bailey, for the entertainment of lewd Women. We came thither from Smalt's House, and we staid at Gale's 'till about 12 at Night. Smalt keeps a House in Fleet-lane himself, for the harbouring of such People, and there I became acquainted with him and Franklin. While we sat Drinking at Gale's, Smalt said he wanted Money, and Tom Gale told Dorrel that he was informed, that he (Dorrel) had taken to the Lead-Lay, and that he understood that Lay very well. Says Dorrel Smalt, yes, I formerly went out on that Lay, and my Custom was to walk the City and Suburbs in the Day Time, and observe where Cocks and Pipes were fixed; the Places I used to set down, and at Night I went and took them up. He (Smalt) asked me and Franklin, whether we would go and rob an adjacent House of a Pipe that was there? It was a House inhabited by one Richard Walker , a Printer . We agreed, and accordingly about 12, we went out of Tom Gales House and got into the Yard; then we broke down a Partition next to the Ground Floor of the House, and by that Means we got into the House: this Partition joins to the House, and is a part of it.
Q. Was it a Part of the Wall of the House?
Smith. 'Twas a boarded Partition, and join'd to the House.
Q. Why do you call it a Partition?
Smith. It parted the House from the Alley.
Q. Was it the Fence of the House it self?
Q. How did you get into the House?
Smith. By breaking down the boarded Partition: Part of the Pipe was in this boarded Partition. When we had broke into the House, we took the Case off the Pipe, and cut away about 2 Yards, or 2 Yards and a half, with the Brass Cock in it, and we carry'd it to Tom Gales.
Q. How did you get out of the House again?
Smith. The Way we got in.
Q. What part of the House was the Cock and Pipe in.
Smith. On the Ground Floor. Smalt and Franklin went into the House, and I watched in the Yard.
Q. What did you do with the Lead?
Smith. We broke it to Pieces at Tom Gale's House, and then we carry'd it to Smalt's Room, in Black-Boy Alley in Chick-Lane. The next Night, the 4th of June we met at Gale's again, and about 12 at Night we went to the same House and took up the Frame of the Cellar Window, Bars and all; then the 2 Prisoners went in thro' the Window, and brought out of the House the remaining part of the Pipe. The whole that we took was about 12 or 13 Yards, and Smalt sold it to one White, who liv'd next Door to him. I have enquired after this White, and I hear he is dead.
Q. What was it sold for?
Smith. Smalt said he could get no more than 4 s 6 d. for it, and that we shar'd among us. I made my self a voluntary Evidence, and accordingSarah Holmes , who belonged to Mac Cray's Gang.
John Jenkins . I am a Barber in Black and White Court . The Cock and Pipe which they stole served me with Water, and I know there is so much lost as is laid in the Indictment. The House was broke open twice, but the particular Times I can't tell. I have always had a Suspicion of that Franklin the Sailor.
Q. How was the House broke?
Jenkins. There was a Board thro' which the Cock came, and the first Night that Board was broke down, and the Cock stole. The Board was about 9 or 10 Inches wide, and 2 Foot, or 2 Foot and a half high; if that is removed, any Person may enter side-ways. After this, the Frame of the Cellar Window was taken away, with all the Bars, and, as much Pipe as to come to 12 Yards. Mr. Porter in Turn-again Lane was the Plumber that put the Pipe down again, and he charges 38 s. for 12 Yards of Pipe and a Cock. I know they used to be frequently at this Gale's, and he kept a disorderly House. I have seen the Evidence and the 2 Prisoners backward and forward there several Times.
Q. How comes it that Richard Walker is not here?
Accomplice. I think it was in June, - the latter End of May, or the beginning of June, that we robb'd this House.
Q. Why you was precise as to the Day, in the beginning of your Evidence.
Accomplice. In my Information I set down the latter End of May, or the beginning of June, but when I gave Instructions for drawing the Indictment, I was told I must fix upon a particular Day.
Tho.Smith. At that Time I enter'd every Thing into the Books, but as I was not subpoena'd, I am not prepar'd to be exact and particular as to the Time of his Commitment; the Book and the Original Commitments are at New-Prison. I remember the Time he was committed, and I receiv'd him my self, I don't remember how long he was in our Custody, but it was some considerable Time.
Mr, Nicholls. His Commitment is enter'd in our Calender of last Sessions, - 'twas the 2d of June last: When they are brought from other Prisons to us, they bring Copies of their Commitments with them, and I enter them in our Calendar.
C. To Jenkins. Produce the Plumber's Bill.
Jenkins. Here it is, but 'tis almost worn to Pieces in my Pocket.
Here's no Date - only - 12 Yards of new Pipe, I l. 4 s. 4 (something) of Soder, 8 s.
Jenkins. I believe the Facts were committed before the Time they say Franklin was committed; for about the beginning of June, I had the Misfortune to have my Shoulder broke, about the 5th or 6th of June, and I am positive the Facts were committed before that Time, - I believe it might be a Fortnight before, - for when the Pipe was cut, the Water ran into the Cellar, and I stopp'd it with a Spiggot and Fosset, - a Fortnight I am sure before my Shoulder was broke.
Franklin. I came Home about the middle of May, in the Windsor Man of War, and was then paid off, so that I had no need of stealing Leaden Pipe.
Smalt. I was a House-keeper in Fleet-Lane, and it is likely I should steal 2 or 3 Yards of Pipe, I was Master of 20 l. Every Morning I rose.
Q. To Jenkins. The House was broke at two different Times; was your Shoulder broke after the last Robbery, or the first?
Jenkins. After the last Robbery was committed. Both Guilty . Death .
Hannah Donolly , of St. Martin's in the Fields , was indicted for stealing a blue and white checqu'd Apron, value 16 d. 2 Linnen Shirts, value 12 d. a Dimity Waistcoat value 6 d. a Linnen Apron, value 1 d and two Silk Hoods, value 1 d. the Goods of certain Persons unknown, July 19 .
Elizabeth Pinada . The Prisoner came into my Shop the 19th of July, to pawn a Shirt. I was above Stairs, but I had left a little Girl in the Shop, and while the Girl was calling me, the Prisoner (it seems) run away with these Things; for when I came down Stairs, the Girl was bellowing at the Door, and told me that that Lady there at the Bar, was gone off with the Bundle. I sent the Girl after her, and the Mob took her.
The Constable. She was brought to my House by the Mob, and these Things were upon her.
Ward. These are the Things she took out of the Shop.
Defence. I am sure I know nothing of the Matter: I was very much in Liquor, and was very Sick with Drinking some out-of-the-way nasty Stuff. O Pray burn me, burn my Hand off, but don't send me away; I'll never go into a Ginshop any more, if you wont send me over Sea. Guilty .
*The Prisoner's Brother went away with the last Transports.
The Fact being fully proved, the Jury found the Prisoner Guilty 10d.
25. Mary Nelson , of St. Mary Whitechapel , was indicted for stealing a Pewter Dish, value 2 s. a Brass Potlid, value 2s. a Box-iron, value 18d. a Pillow case, value 6d . the Goods of Hugh Smith , July 7 , Guilty .
27. Mary Wynn , of St. Mary Aldermanbury , was indicted for stealing an India work'd Night Gown, value 10 s. a Pair of Sheets, val. 10 s. a Holland Apron, value 2 s. 6 d. the Goods of William Nightingale , August 20 Acquitted .
32. John Cotton , was indicted for assaulting Thomas Gale , in the King's Highway, in the Parish of St. Mary Whitechaple, putting him in Fear, &c. and taking from him a Pair of Silver Buckles, value 15 s. a Steel Tobacco box, value 6 d. a Guinea, a Half Guinea, and 6 s. in Money , July 31 .
Thomas Gale . I serv'd my Time, with Mr. Sculter, a Bookbinder, at the King's Arms, in Sun-Tavern-Fields, Shadwell. On the 31st of July, some Company came to see my Sister, and staid with her 'till Night: About 7 or 8 o'Clock, I went to see them to their Home, in Bishopsgate street, and staid there after Ten. As I was going down Church-Lane , (in my way Home) by Whitechapel Church, as I came between the two Gardens, the Prisoner came up to me, and caught hold of my Collar: Damn your Eyes you Dog, Stand, says he. I look'd at him, and laugh'd in his Face, - you Monkey, says I, must I stand for you? Yes you Dog, damn your Eyes, you must stand for me, and so (says he) let's have no more of your Contentions. I told him I was a foolish Traveller, for I never carry'd Money about me at that Time o'Night He reply'd, - damn your Eyes, Money you have got, and Money I will have. With that he shook me by the Collar, and my Heel slipping on the little low Bank that runs along the Side of the Garden,
Q. Upon your Oath can you take upon you to say the Prisoner was one of the Men?
Gale. Yes; I can Swear the Prisoner was one of them; he was the Man that first stopp'd me; he sat upon my Breast and damn'd his Eyes, and said he would send me Home as bare as Adam. After they had robb'd me, they were going to strip me, and they tore 4 or 5 Buttons off my Coat, and 2 off my Waistcoat, in stripping me, but some Company happening to come down the Place, the Prisoner got off my Breast and cry'd, Damn you you Dogs, push away or we are all nail'd.
Prisoner. What Cloaths had I on?
Gale. A green Waistcoat, and a dark brown Wig.
Q. How could you distinguish the Colour (Green)?
Gale. The Moon shone very bright.
C. 'Tis difficult to distinguish Green from Blue, by Night.
Gale. The Moon shone very bright, - 'twas as bright as Day it self. After I was robb'd I went into the Queen's-Head in Church lane, I was very Bloody, and I described this Man to the People that were there.
Q. When did you see the Prisoner again?
Gale. On the Monday: I was robb'd the Day before, (Sunday Night). This Gentleman took him, and I saw him just after he was taken, and knew him again, among 30 or 40 People.
John Billinger . All I have to say is this. When we took the Prisoner, we brought him in a Coach to the Golden-Lyon in Goodman's-Yard in the Minories, and we sent for the Prosecutor. He came, and I believe there were 20 People in the House, the Prosecutor pick'd him out from all the rest, and said he was the Man. The Prisoner was then dress'd in a green Waistcoat, and a dark brown Wig.
Q. How came you to take the Prisoner?
Billinger. I was at the Queen's Head in Church-Lane on Monday Morning, and there I heard that the Prosecutor had been robbed, by such a Man. We found the Prisoner in Chick-Lane, running after another Man, whom we took with him. We had got Intelligence in Rosemary-Lane, that such Persons were making Sale of a pair of silver Buckles; so we went there to look for him, and there we found him. He behaved in a very surly Manner, and said he knew nothing of the Matter.
Thomas Gibbons . I was at the taking of the Prisoner in Chick Lane. We were informed he was gone that way to exchange the Buckles with another Person; so we went into the Minories, but there we could not find him; then we went into Chick Lane, there we took him and another Man, and brought them to Goodman's Yard, and sent for the Prosecutor, who pick'd the Prisoner out among 20 People, and said, that was the Man that first stopp'd him, and sat upon his Breast while he was robb'd; but he would not Swear to the other:
Thomas Mills . On Monday Morning about 7 o'Clock, August 1st, I had a little Business in Rag-Fair, and there I met with Mr. Harris, and he told me a Man had been robb'd by 4 Persons: I went into an Alehouse for a Pint of Beer, and the Prisoner and 3 more came by. He (the Prisoner ) had then on, a green Waistcoat, and a black Wig: Harris had described the Prisoner to me, and I imagined he answered the Description; so I went to look for Harris, that we might apprehend him; but while I was gone to look for Harris, the Prisoner was gone; we heard, ( upon enquiring after him) that he was gone to Chick-Lane; we went there, and took him and another, and brought them to the Golden-Lyon in Goodman's Yard; and when the Prosecutor came, he said that was the Man that stopp'd him first, but the other he would not swear to.
Q. Are the Witnesses acquainted with the Prosecutor?
Ann Kelly . The Prosecutor (Gale) came into Mr. Anderson's, the Queen's Head in Church Lane, the Sunday Night that he was robb'd, all bloody, - 'twas the 31st of July, about 10 Minutes after 11 o'Clock: his Cloaths were all daub'd with Dirt, and his Nose and Mouth bloody. He said, he had been robb'd of a Guinea and half, and 6 s. in Silver. He said, the Fellow that stopp'd him had a great Scar here, (pointing to her Forehead) that his Nose turned up, and that he had a green Waistcoat, and a white natural sort of a Wig, and one of them he said, had a brown Wig on.
Q. Was that the Colour of the Wig?
Kelly. I can't say how he described the Man's Wig, that had the green Waistcoat.
Gale. The Prisoner's Hat had made a red Mark, very red upon his Forehead, and I took it then to be a Scar.
John Bareback . The Prosecutor came in that Sunday Night, and said he had been robb'd of his Money. The Blood run down his Face, and his Cloaths were daub'd behind. He told us, one of the Men had a Mark in his Face, and that his Nose turn'd up. He said, they had taken from him a Guinea, a half Guinea, 6 s. in Silver, and a pair of Silver Buckles.
Q. Did you take any Notice that some Buttons upon the Prosecutor's Cloaths were off?
Bareback. No, I did not observe his Buttons.
Defence. I never was guilty of such a Misdemeanor in my Life; they swear against me for the Reward: - they are all Thief-takers. The Prosecutor went to my Father and had a Note of 40 l. from him yesterday, and he said then, he believed I was not the Person.
Q. To the Prosecutor. Upon your Oath I ask you, whether you propos'd to make the Matter up for 40 l.
Gale. No, his Friends came to me the Day I went to find the Bill against him; and they applied to my Sister, to get her to perswade me to make it up; and a Gentleman came to me himself to perswade me to it, and he told me his Father would not stir for him, nor give a bit of Bread to save his Life.
Q. Upon your Oath, - have you took a Note of 40 l. to make up this Matter?
Gale. No, his Friends came to me, and offer'd me any Thing in the World to do it; but his Master came and told me, he would give me a Bottle of Wine if I would prosecute him.
Prisoner. I desire Mrs. Herrington may be asked, whether he did not hear the Prosecutor say he would not have appeared against me had i not been for Harris the Thief catcher.
Herrington. I never saw the Prisoner before in my Life; I know that Harris came several Times after Gale, and I abus'd him once, and called him Thief-catcher, and told him he wanted to take away the Fellow's Life, as he had done by many others, and he abused me, and call'd me a great many Bitches. I know the Prosecutor was very unwilling to take the Prisoner's Life.
Q. Did you ever hear the Prosecutor say the Prisoner was not the Man that robb'd him?
Q. Did you ever hear him say he was the Person?
Herrington. Yes, but he was unwilling to take his Life away.
The Prosecutor's Sister. I saw the Prisoner's Master; he said he had been an idle Boy, and that he would not trouble himself about him.
Prisoner. Ask her if she did not come to the Grate yesterday Morning, and tell me I might be easy, for her Brother had made this Matter up?
The Sister. The Prisoner's Friends came to our House last Tuesday, and said, if my Brother wou'd not prosecute, they would indemnify him as far as 100 l. would go: and yesterday Morning they fetch'd my Brother to the Prisoner's Master; I follow'd, and when I came there, his (the Prisoner's) Mistress told me, they were gone to the Boy's Father's. I went thither, and they gave me a Note for 40 l. to indemnify my Brother, and he took the Note, not to appear against him, to take away his Life; but he has since been inform'd, that if he did not prosecute, the Law was open against him, himself.
Mr. Gale. I did take the Note, and would not have appeared against the Prisoner, because I did not care to take away his Life; but Harris subpoena'd me here, and threat'ned to lay me in a Goal - he told me, if I did not appear, he would prosecute me. This is the Note I took.
Sept. 7. 1737.
We do jointly and separately promise to pay to Thomas Gale , the Sum of 40 l. of lawful Money of Great-Britain, if ever I John Cotton , or my Parents, in any kind, or I Stephen Young , Father to the said Cotton, do ever misleft (molest) the said Gale, then this Note to be in full Force and Vertue.
Gale. He was the Man that was taken up with the Prisoner, - against whom I cou'd not swear.
C. These People ought to be all taken up for endeavouring to stifle the Prosecution.
Prisoner. He swore he had no Note, - now he has produced it, - he may as well swear wrong in one Thing as another.
Q. To Gale. How could you swear you had no such Note?
Gale. I did not know I had the Note about me, - I did not know whether I had best mention it or not.
Q. But you knew you was upon your Oath. The taking such a Note, not to Prosecute, is a Crime in you, and in them that gave it you, for which you may all be Prosecuted. Pray when did you take this Note?
Gale. On Wednesday Morning at this Place.
Prisoner. I signed this Note before I was arraign'd.
Mills. I appear'd here on Wednesday Morning, when the Prisoner was call'd up, and I informed the Court the Prosecutor was not ready to try him, but I have found since, that he kept out of the way on purpose.
Q. To Gale. When did you intimate to the Prisoner that you would try him in earnest?
Gale. Not at all: Harris brought this Subpaena to me, and obliged me to it;
The Prisoner had no Witnesses either to the Fact or his Character, and the Jury found him Guilty . Death .
The Prosecutor not appearing the Prisoner was Acquitted .
36. Elizabeth Evans , of St. Clement Danes , was indicted for stealing a Pair of Stays, value 7 s. the Goods of Isaac Devon . And a linnen Shift, value 12 d. and other Things , the Goods of John Hawkins , August 1st .
The Prosecutors not appearing, the Prisoner was acquitted.
No one appearing to Prosecute, the Prisoner was acquitted .
38. Henry Gibbins , of St. Luke , Middlesex , was indicted for stealing three Gold Rings, value 7 s. 6 d. a Piece of old Gold Coin, value 15 s. a Silver Watch, and Chain, value 3 s. and 12 s. in Money ; the Property of Everard Barret , August 1st .
The Prosecutor not appearing, the Prisoner was acquitted .
Francis Tapling . I saw the Prisoner steal the Cake of Bread, from this Gentleman's Gingerbread-Stall; he put it under his Arm, and I follow'd the Prisoner and held him till the Gentleman that own'd it came up and took hold of him.
Tapling. 'Twas I that took the Thief, and the Gentleman asked me my Name, and said he would prosecute him, if it cost him five hundred Pounds. I did take hold of the Prisoner indeed, and the Gentleman asked me my Name, and made me come here against the Prisoner.
Prisoner. I had been drinking in a Booth, and was in Liquor; so meeting with a Boy who had won this Cake at the Turnabout Thing, I bought it of him. They say, I am a notify'd Thief, but it will appear quite contrary, for I am an innocent young Fellow. Guilty .
40. John Davis , of St. Clement Eastcheap , was indicted for stealing 8lbs. of Quicksilver, val. 6 l. 10s. 12 lbs. of Rhubarb, value 20 l. 10 lbs. of Jesuit's Bark, value 3 l. 10 s. 16 lbs. of Camphire, value 33s. 3 lbs of Opium, value 36 s. half a Pound of Lapis Contrayerna, value 6 s. 3 lbs. of Russia Castor, value 4 l. 16 s. 24 lbs. of Scammony, value 10 l 16 s. 2 lbs of New England Castor, value 13 s. the Goods of William Towl , and William Crook , in their Dwelling House , June 22 .
Mr. Crook. The Prisoner at the Bar was my Servant , but observing him to be extravagant, I turn'd him away, after he had been with me 7 Weeks. The Occasion of my charging the Prisoner, was this. A Friend came to me and asked me if I had not lost some Quicksilver; he imagin'd I had: Upon this I suspected the Prisoner, and got a Warrant, and charged him with the Fact. He deny'd it. I told him I had Proof against him,Jacob Mello 's.
Prisoner. Ask Mr. Crook if he did not ask me to give him a Note of 50 l.
Mr. Crook. When I was in the Room with him, he desired me to shew him Favour, and he told me he would give me full Satisfaction, for his Father liv'd in Reputation, and he should have a good Fortune when he came of Age. I was disposed to favour him at that Time, because I believed all he said, to be true; and I believe I might say, that if he would make an ingenuous Discovery, I would not Prosecute him. But when I came to enquire into the Truth of what he told me, I found it untrue, and that he had robb'd me of Goods to the Value of 50 l. This is the Account he wrote himself, in this Paper.
Prisoner. Pray how did the Figures come to be alter'd?
Mr. Crook. Some he alter'd himself, and some I made myself, because he did not know the Prices of the Goods. The Goods were mine and my Partners; some of them were taken out of the Shop that is under my House, and some out of that which is under my Partners: Our 2 Houses join together; he pays Rent for his Part, and I for that which I Occupy.
C. I observe here are different Hand-writings on this Paper; and that which imports the Value, in a different Hand from the rest.
Mr. Crook. This Figure and these Words, and Alteration, were done by the Prisoner; the other were made by me, expressing the Value of the Goods in his Presence.
Mr. Crook. I did not apprehend I had any Occasion to do it, because he was committed only on Suspicion.
William Fletcher . I was at Work, and heard the Cry of Stop Thief; so I ran out, and caught the Prisoner and held him, 'till the Constable came. He desired me to be carry'd into a Room with Mr. Crook, and accordingly I, and the Constable and Mr. Crook went with him; and he wrote down the Particulars he had taken from-his Master. There was Quicksilver, and Rhubarb, and other Things, which he confess'd he had sold to a Jew, who knew they were his Master's, and he told us the Jew gave him a Note of 12 l. for them.
The Constable. Confirmed the above Depositions.
Prisoner. On the 22d of July, Mr. Crook came to my Lodgings and demanded Money for Goods I had sold to a Jew, and he told me he suspected the Goods were his. I told him if he proved that, he should have the Money. Upon that, he brought a Warrant for me in the Name of George Davis . I said that was not my Name, - my Name is John, - So I went away, and he cried after me, - Stop Thief, and I was taken. Then he desired me to write down the Goods I had sold the Jew; I did so, and they came to 23 l. 6 s. 6 d. Upon this, he said if I would write to my Friends, and get him the Money, he would not Prosecute. He or his Attorney did write to them, and told them, if they would give him 50 l. he would not Prosecute. When he carry'd me before Sir Richard Brocas , he desired I might be detained 3 or 4 Days, but I was detained 5 Weeks; and when I petition'd Sir Richard for him to shew Cause, then he produced that Paper, and said, I own'd taking those Goods, but 'twas no such Thing.
Q. How do you know it was by Mr. Crooks's Order.
Duke. The Attorney wrote to me, and said, he had Orders to write to me for 50 l. - And Mr. Crook himself wrote to me afterwards, - but I have not the Letters here.
Prisoner. Please to ask Mr. Crook, if he did not order his Attorney to write to my Father for 50 l. and whether he did not come to the Counter, and shew me a Letter he had receiv'd from my Father; and whether he did not tell me, he would take my Bond?
Mr. Crook Yes, I did shew him such a Letter.
Mr. Parker. I would beg the Favour that the Attorney might be asked, whether he did not write to Mr. Duke, the Prisoner's Father-in-Law, at Chester, upon this Account.
It did not appear that the Attorney was in Court Guilty Felony only .
41. Ann Rice , of St. Margaret's Westminster , was indicted for stealing a Cambrick Stock, value 6 d. a Silver Stock-buckle, value 2 s. a Silver Knee-buckle, value 3 s. the Goods of Robert Heathfield , August 31st .
Robert Heathfield. On the 29th of August in the Morning, the Prisoner came to my House, (I am a Surgeon ) with a Tumour upon her Hand: I told her I must open it, before it would be well, which I did accordingly. The next Day she came again to have it dress'd, and then she stole a Stock, and Stock-buckle. I mistrusted her; so as she was to come again, I pull'd out one of my Knee-buckles and laid it down in the Window, and when she came the next Day to have her Hand dress d, I went into a Back-room, and left her in the Surgery to put on her Rollers herself. When my Patient was alone, she took the Buckle; I watch'd, and saw her, and I suffer'd her to go out of the House, and follow'd her half-way up the Street; then I took her and the Buckle upon her. She was a poor Woman, and I had often done such Jobbs for her out of Charity, and never have had any Thing for my Pains. When she was before the Justice, she said if I would let her go, she would give me an Account of all she had taken from me at other Times, as well as at this; So she confessed, that about a Twelvemonth ago, she stole a Shirt from me, - I have lost a great many other Things, but did not charge her with them. She confessed that she had, (at this Time of her coming to my House) stole a Stock, a Stock-buckle, and a Knee-buckle.
Prisoner. I do not know any Thing of it - please to do any Thing with me, but pray don't Transport me. Guilty .
42. Francis Fuller , of St. Margaret's Westminster , Esq ; was indicted, for that he not having God before his Eyes, but being moved and seduced by the Instigation of the Devil, the 15th, of April , on Adam Cluff , Feloniously, Willfully, and of his Malice aforethought, did make an Assault, and with the But-end of a certain Musquet, val. 5s. which he held in both his Hands, in and upon the left Part of the Breast of the said Cluff, near the left Pap, did strike; giving him then and there, with the But-end of the said Musquet, on the left part of the Breast near the left Pap, a mortal Bruise; of which mortal Bruise, he languished, &c. from the said 15th, Day of April, to the 23d, of the same Month, and then Dy'd .
He was a 2d, Time indicted on the Coroners Inquisition for the said Murder.
Edward Richards . On Friday Morning the 15th of April, I happen'd to be in St. James's Park , and there I saw Colonel Fuller Exercising the Serjeants and Corporals. I stood by to see them Exercise 'till they had done. The Colonel sent all the awkward ones, - those that Exercised awkwardly, to the Hole, to the Drill Serjeants. There was the Deceased and one Inon, and Elisha Turner , and Corporal Maxfield, and Corporal Turner sent down. The Moment they don't Exercise right, they are sent down to the Drill-Serjeant. After the Exercise was over, and the Men were dismiss'd, the Colonel went down to the Drill-Serjeant's, and struck Cluff under the right and left side of his Jaws, and his Throat, with his Fist.
Q. Was this in an open Place?
Richards. Yes; a vast open Place, 'tis a plain Place in a Bottom, I could see every Thing that pass'd.
Q. Was you near enough to hear what was said to the Deceased before he struck him?
Richards. He found Fault with him for not Exercising Right, and that put the Colonel in a Passion with him.
Q. Was the Deceased the first Man, that the Colonel spoke to at the Drill-Serjeants.
Richards. I can't say that for all the World.
Q. Did you see him speak to, or strike any one beside the Deceased?
Richards. No; but I heard him find Fault with many of them, as he pass'd by them.
Q. You talk'd of the Hole, - What Place is that?
Councel. 'Tis a little plain Place in the Park.
Richards. If they don't Exercise well, they are sent there, to the Drill Serjeant, for farther Exercise, - to learn farther, and the Colonel follow'd them thither to see them Exercise himself.
Prisoner. Had he not a Firelock upon his Shoulder?
Richards. Yes; he had a Firelock upon his Shoulder at the same time
Q. How many blows did he gave him
Richards. I saw him strike the Deceased three Blows, on the sides of his Neck, and upon his Throat.
Q. Were the Blows given with Violence?
Richards. They seem'd to be pretty hard
Q. After the Deceased had been struck did he say any Thing?
Richards. I did not hear him say a Word, not one Word; but the Colonel catch'd the Firelock with his Hands, and jobb'd it against his left Breast, because it did not lye right upon his Shoulder. He took it out of his Hands and jobb'd the Guard of the Firelock against his Breast
Q. How often did he do this?
Richards. Once I don't say it was the Butend, but the Guard of the Firelock, that is the Part where the Trigger is. He made him rest his Firelock according to this new Method of theirs, - with the left Hand across the Breast. The Colonel did it to make him hold it lower; he did not rest his Piece as he should have done, so the Colonel took it out of his Hands, shewed him how to rest it with a proper Motion, then he went at him, and jobb'd this sharp part against his Breast, and threw the Stock across his Shoulder, telling him, if he did not do better in the Afternoon, than he had done in the Morning, he would send him to the Savoy
Q. Did he strike him any more than one Blow?
Richards. No, no more; but then he went away.
Q. Was the Deceased the only Man that the Prisoner struck?
Richards. He struck none of them but him.
Q. What Day of the Week was this?
Richards. This was on the Friday; and on the Wednesday Evening following, about 7 o'Clock, I went to Chapel Street, Westminster, and being sadly grip'd, I call'd in at a Shop that had been a Gin shop, for half a Quartern of Cordial Water, and while I was in the Shop, Adam Cluff (the Deceased) came by the Door, stooping, bending, and coughing; so I said, Adam, - I heard you were bad and kept your Bed; I shook Hands with him, and told him, I was heartily glad to see him. Oh! says he, (with his Hand across his Breast ) I am a dead Man; for the Blows that Colonel Fuller gave me, has occasioned my Death. I am a dead Man, and shall not recover it. I bid him not be afraid, but have a good Heart, and go Home and take Care of himself. Oh! says he, I will go home as fast as I can, - m, Officer is not in Town, but he has sent me Word he will see me righted.
Councel. You say you was at a Distance when you saw all this; how many Yards might you be off?
Richards To look down Hill, - it was not much farther than the Length of this Court. There was no Body between us, but the Ranks of Corporals and Serjeants - I believe I might be 10 Yards distant. - I believe it might be 20 or better..
Councel. Have not you declared it was 50 Yard?
Richards. It could not be 50 Yards. I said it was about 20 or 30 Yards, - I never said it was 50 in my Life.
The Surgeons were ordered to be called next.
Note, Colonel Fuller's Trial being very long, we are obliged for want of Room to defer the remaining Part of it for a few Days. With which will be publish'd the rest of the Capital Cases, viz. The Trial of William Clark , for stealing a Silver Watch from Mr. Eman Wilque , in the Street. John Hickman, for forging and publishing a false and counterfeit Note for 56 l. with Intent to defraud Edward Jasper , Esq, of Tower-Hill. William Jones , otherwise Snock Jones, for robbing Mr. Willoughby, of his Watch, under Aldgate. Likewise the Trials of William Runnington , the Butcher, for the Murder of William Reynolds in Honey Lane Market. John Wharton , charg'd on the Coroner's Inquest with the Death of James Strainer , by throwing a Piece of Wood at the said Strainer, upon the Gunnel of a Lighter. P - d F - s for robbing Mr. Harris at the Crown-Tavern Thread needle-Street, with a great Number of other remarkable Trials, fully and carefully taken.
WEDNESDAY the 7th, THURSDAY the 8th, and FRIDAY the 9th, of SEPTEMBER,
In the 11th Year of His MAJESTY'S Reign.
Seventh SESSIONS in the MAYORALTY
Right Honourable Sir John Thompson, Knight,
LORD - MAYOR of the CITY of LONDON.
For the YEAR 1737.
NUMBER VII. PART II.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane M.DCC.XXXVII.
The Remainder of the TRIAL of FRANCIS FULLER, Esq;
Coroner. I had a great many Surgeons to view the Body of the Deceased, but I don't call them; the Colonel will call them; they were all of an Opinion that it was a natural Death. I was present when the Body was open'd; but it had been buried 12 Days, before it was taken up. The Occasion of which, was my receiving an anonymous Letter, which I have here to produce.
The Letter was read.
May 3d, 1737,
Sir. I am a Friend of your's, and a Lover of Justice, which is the Occasion of this. Adam Cluff, a Soldier in Holbert's Company was buried last Night; he was Murder'd by Colonel Fuller, by a Punch in the Side; by which Method several of his Soldiers have Died. He languished 6 Days and then Died; he always declared this was the Occasion of his Death, and the Searchers know it, as well as the whole Regiment; 'tis known in Town and Country, as well as at Court, and if you'll get the Body Examin'd, it will appear to your Reputation.
Your Friend, Will. Thompson.
P.S. I would have you acquaint some Justice of the Peace, and Officers of the Army, and then proceed your self.
Coroner. Mr. Westbrook open'd the Body, and the rest of the Surgeons were by, viz. Mr. Edmunds, Mr. Tagg, Mr. Lewis, Mr. Davis, Mr. Harris, Mr. Young, and Mr. Ormered.
Mr. Westbrook. I was apply'd to by the Church-Wardens of the Parish, (on Account of this Letter in the Coroner's Hands) to attend the Inquest. I had notice that the Body was prepared, and was ready for us. When I came to the Church-yard, I had some Conference with the rest of my Brethren; most of them were of Opinion, that we ought to let the Body alone; that it was not safe for us to meddle with it, on Account of our Healths. The Body had been Buried so long, that we thought we could make no Discovery, and that we should endanger our selves besides. But however, I ventur'd and open'd the Body with the greatest Circumspection. The out-side was very putrid. By the Hint I had from the Letter, I judged the Damage was agreed to be in the Breast only, so I open'd it; but I found nothing that seemed to be the effect of Violence, which could be the Occasion of his Death. 'Twill not be amiss to acquaint the Court, what we thought would be the appearance, if the Deceased had received a Punch that had occasion'd his Death, viz. Fractur'd Ribs, or extravasated Blood in the inside of the Body; but there was neither. These things would have appeared, if the Man had Died of such a Hurt, and we know of no other Appearance, which we might expect to have seen. This will be an Answer to the Question, - Whether we could be Judges of the Deceased's Case, when he had been Buried 12 Days. After I had taken the Flesh clean off the Ribs, I split them down with my Knife, and made my Man break them off, and every one of them snapp'd loud and strong; which they would not have done; if they had been Fractur'd. The Chest was free from extravasated Blood, but upon farther enquiry, I found an appearance of Matter upon the Membrane of the Breast. This Membrane we call the Mediastinum;
Q. Suppose a Blow given on the middle of the Thorax, might not such a Blow occasion the Matter:
Mr. Westbrook. I think that's not the Case. On the bending-in off the Ribs, by an outward Blow, the Lining of the Breast may be strain'd, and an Inflamation may happen on that Part where the Blow was given. This Membrane divides the Breast a cross, 'tis in the middle of the Hollow of the Breast, and not contiguous to the outward Part. I verily believe that this Matter did not proceed from any outward Blow, it was the Effect of an Inflamation, and not of any Blood spilt. 'Tis possible indeed that Blood in a Fortnight's Time may occasion Matter; but that is not the Case, because the Lining of the Breast kept the Matter in a suspended Way, it did not fall down into the Bottom of the Cavity, and as far as the Matter had fallen upon the Membrane it had corrupted and eaten it, - exactly as far as the Matter had spread. I think the Inflamation proceeded to a Degree of Corruption, and this Conjecture tallies pretty well with the Complaints which I heard the Deceased had made before. Therefore I gave my Opinion on the Coroner's Inquisition that I believed he died a natural Death.
Counc. Were the Searchers present at the Coroner's Inquisition, - who searched the Body before he was buried?
Mr. Westbrook. I can't tell, - we pay but little Regard to what they bring in.
Mr. Davis, Surgeon. I was present when the Body was opened, and my Opinion is, that he died a natural Death. I attended him in his illness; the first Time I was with him, was the 21st of April.
Q. Have you ever attended him before?
Mr. Davis. Yes.
Q. How long before this Accident?
Mr. Davis. I can't justly tell; but he was lame when he was last under my Hands; I believe it was about 2 Months before. On Thursday Morning the 21st of April, I attended him first, his Complaint was, that he had taken Cold, had a Cough and stitches in his Side. I advised him to be blooded in the Arm: then I ordered him an oily Medicine for his Cough, and told him, if his Stiches continued, he must be let Blood again. These were the only Complaints he made to me. When I attended him this Time, his Cloaths were open, and I saw his Breast bare, but I perceived no Signs of Violence at all. I was going up Stairs to him, but he met me upon the Stairs, and said he would not trouble me to come up, he would come down to me. I saw nothing upon his Breast, nor did he complain of his having received any Blow.
Counc. This was the very Day after he met the first Witness at the Brandy Shop.
Q. Did you look at his Breast?
Mr. Davis. I did not put away his Shirt to look at it; but it being open, I saw his Breast. This was on the Thursday, and on the Saturday he died. On the Friday I saw the Corporal of the Company, and he told me, that the Deceased was then taking the Medicines I had order'd.
Q. Did this Corporal tell you of any other Complaints that he made?
Mr. Davis. No, he only said - he was taking his Medicines. I have been Surgeon in that Regiment about 7 Years.
Q. Did you see the Deceased any more before his Death?
Mr. Davis. No. I never had any Patient under Cure that ever complain'd he had received any Hurt from Colonel Fuller. I have 7 Companies under my Care; and I have the Infirmary Regiment likewise, and I never heard any of the Men ever complain of any Violence that the Colonel had been guilty of toward them.
Mr. Davis. 'Tis my Opinion he died of a Paralytic Fever: the Symptoms of which I have mention'd before, viz the Cough, and the Stitches in his Side. We could discover no Marks of Violence.
Q. You have heard Mr. Westbrook's Reasons why the Deceased did not come by his Death by any outward Violence. Are they good Reasons?
Mr. Davis. Yes, I agree with him entirely.
Mr. John Ormerod , Surgeon. I was present at the opening the Body of the Deceased, and I believe he dy'd a natural Death. My Reasons are those two which Mr. Westbrook has already given, that either there would have appear'd extravasated Blood, or fractur'd Ribs, and I believe those Signs are inseparable from Accidents of this kind. I have open'd Bodies where there has been no external Wound, and yet I have always found these Signs. I believe he died a natural Death.
Mr. Edward Edmonds , Surgeon. I was at Mr. Westbrook's right Hand when the Body was open'd; I agree with him, and believe he died a natural Death, and for the same Reasons that Mr. Westbrook has given. In making my Observation, I saw a small Inflamation) on the left Lobe of the Lungs, beside one on the Pleura, which I think, (with the other Inflamation) occasion'd his Death. The Collection of Matter, (to be sure) was from an Inflamation; but if that had been caused by any outward Blow, there must have been the Symptoms that have been before mentioned.
Mr. Archibald Harris . I likewise was present when the Body was open'd. My Opinion is, that he died a natural Death, and that it did not proceed from any external Violence whatever; no Signs having appear'd to us upon the opening of the Body. Mr. Westbrook's Reasons weigh with me, and I'm of the same Opinion.
Q. Have you any additional Reasons?
Mr. Harris. I can only say, that he complain'd of a Pain in his Side, for which a Barber let him Blood; I ask'd the Barber what sort of Blood it was, and he (the Barber) told me, 'twas very fizy.
G. That's not proper Evidence.
Mr. William Young , Surgeon. I have the Misfortune to be deaf, I hope the Court will indulge me - When the Body was inspected I was present: According to the best Observation I could make, there were no Signs of any outward Injury; to all Appearance he died a natural Death, there were no visible Marks of Violence.
Mr. Shipton was call'd and sworn.
Q. To Mr. Shipton. You have heard the Reasons given by the Surgeons that induce them to believe the Deceased died a natural Death; do you imagine their Reasons are good?
Mr. Shipton. Yes; for this Reason. In Fevers, and lingering Illnesses, the Blood will be corrupted but where Death is occasioned by external Violence, that Violence will be perceptible a Fortnight after. In such a Case as this, there would have appear'd an extravasation of Blood, or a Fracture of the Sternum, or Ribs.
Q. To the Coroner. Can any other of your Witnesses give any farther Account of the Violence offer'd the Deceased, than what the first Witness has done?
Coroner. No; none of them can say so much. There are none else, but People who speak to his Complaints, and one Man, who can say some little Matter beside.
Prisoner. I desire the Drill Serjeant may be called.
Joseph Gage . Drill-Serjeant. Colonel Fuller came down to see the Serjeants and Corporal's exercise, who were under my Care, and he walked along a single Rank, and found Fault with some People, before he came to the Deceased. When he came to him, he found Fault with him likewise, - that he kept his Elbow too high; and the Deceased not taking it lower, he struck him on the Elbow two or three Times.
C. But here's a Man saw him strike the Deceased on the Jaws.
Gage. I saw nothing more than I have related. I attended on the Colonel, and saw no more, and this was at the resting of the Firelock.
Q. Did not the Prisoner take the Deceased's Firelock out of his Hand?
Gage. No; I did not see him take the Firelock out of his Hand at all. I must have seen it, if he had done so, - for I was very near them.
Q. Did not you see him give the Deceased a Blow with the But-end, upon his Breast?
Q. How near were you to them?
Gage. I was attending the Front; within 3 or 4 Yards of them.
Serjeant Caldecat. On the 18th of April - the 17th I believe it was, - the Deceased went to Epping, and the 18th I saw him in the
Q. When did he exercise?
Gage. He exercised that Day (the 16th of April,) almost an Hour after the Blows. And next Day he Exercised as usual, without any Complaint. On Monday he came about half an Hour too late, and I asked him the Reason of his being too late, and he told me he had hurt his Foot, or his Leg, I can't tell which.
Q. Did you observe the Colonel strike him with the end of the Piece?
Jones. I can't say I saw any such Thing, and I was nearer than the first Witness.
Q. Whereabout did he strike him?
Jones. Somewhere about the Head or Face, but I did not see him strike him with the Piece.
Q. Did you see him, when he performed that Part of his Exercise, which they call, - resting the Musket?
Q. Did the Colonel take the Musket out of his Hand?
Jones. To the best of my Remembrance, he took it out of his Hand, and put it upon his (the Deceased's) Shoulder, telling him at the same Time, that he did not do the Motion, that he had shewn him before.
Q. Did not he then give him a Blow upon the Breast with the But-end of it?
Jones. I did not see any Thing of it, and I was between Richards (the first Witness) and the Serjeant who was exercising the Men.
General Wills . Mr. Fuller is my first Major; and ever since I have had the Regiment he always appear'd a good-natur'd Man, and has often beg'd off Men from Punishment. I never knew him guilty of an ill-natur'd Action in my Life; on the contrary, I have pardon'd Men at his Request. I don't remember that I had ever any Man complain'd of him, but once, and that was about five Years ago. A Man complain'd he had struck him with his Cane, and upon my speaking to Mr. Fuller about it, he told me he never more would carry a Cane, or ever strike any of them again.
Lord Nassau Paulet . I have known Colonel Fuller several Years. I never saw an ill-natur'd Action committed by him in my Life. He is a Man that always behaves with Decency, and I take him to be as good-natur'd a Man, as any I. know.
Major General Barryl . I have known him five and twenty Years. I never saw him ill natur'd or troublesome; and I have been often drinking with him in Company, at Times when Men most expose their Passions. I never knew him guilty of an ill-natur'd Action in my Life.
The Jury without withdrawing, acquitted the Prisoner, and found that Adam Cluff died a natural Death .
43. William Clark , of St. Martins in the Fields , was indicted for assaulting Eman Wilque , in a certain Court and open Place near the King's-Highway, putting him in Fear, &c. and taking from him a Silver Watch, and Steel Chain, value 5l. and a Steel Seal, set in Bath Metal, value 6 d. July 27 .
The Prosecutor being a French-man, an Interpreter was sworn.
Eman Wilque. I was robb'd of my Watch, by the Prisoner, the 27th of July, three Quarters of an Hour after Three in the Morning, on the other Side of Covent Garden . Being lock'd out of my House, I asked for a Place to pass the Night in, and I was directed to Covent-Garden, - to a Place where the People are up all Night. When I got there, a Woman came and sat down by me.
Q. What Place was this?
Wilque. A Night Cellar. - When the Woman sat down by me, I withdrew from her to another Table, and call'd for Beer. While I was here, the Prisoner and another Man came in, - the other Man speak French, and they both sat down with me. I had paid the Master of the Cellar 3d, or 4d, before they came in, and my Reckoning when I was coming away was 9d. I had no Money, so I offer'd my Watch in Pawn for the 9d, to the Master of the Cellar. The Man that was with the Prisoner, pretended to be my Friend, and said it was needless to leave the Watch, for as he was going my way, he would give the 9d, and would go Home with me and receive it again. Upon this I came away with the
Q. How came you to go away between 3 and 4 o'Clock, when you went there to stay all Night?
Wilque. It had been full Day-light half an Hour, before I left the Cellar. The Prisoner took my Watch, and the other Man that talked French, struck me on the Breast with his Head and tumbled me down. Upon that I call'd two Men, and said I was robb'd of my Watch, and they went in Pursuit of them. I call'd out - Thief - Thief, and some People look'd out and saw the Prisoner, and the other Man. I was told at Home the same Day that the Prisoner was taken, and the Watch was found in his Pocket, so I was asked to go before the Justice.
Q. Did they take nothing but your Wathc from you?
Wilque. Yes; when I tumbled down my Hat fell oft my Head, and they ran away with that too, but that is not in the Indictment. When I came to the Justice's, I saw my Watch, the Name upon it is, Faul'ie.
Q. Which of the Men paid the Reckoning?
Wilque. The other Man, - not the Prisoner.
Edmund Norton . I apprehended the Prisoner at the corner of Phoenix Court, in Long-Acre about 12 o'Clock at Noon. I pursu'd him from 4 in the Morning to that Time. I am Beadle, and the Fact was committed in my Walk, and very near my Door. Upon hearing the Noise, at first I thought there had been a Fire, and therefore I jumped out of Bed in my Shirt, and saw the Prisoner running away, and the other Man knock'd the Prosecutor down several Times, to prevent his going after him. I am positive the Prisoner is the Man who was in Company with him that knock'd the Prosecutor down. I took the Prisoner about Noon Fighting with one William Dorrel , and when I had him before the Justice we search'd him, and found the Watch upon him. Mr. Justice Frazier has it in his Pocket. (The Watch was produced) I'll Swear this is the Watch that I found upon the Prisoner in his right coat Pocket.
Prisoner. At the Time this Fray happen'd there were a thousand People going by.
Norton. There were several People going by: but the Frenchman, not expressing himself right, they imagin'd it was only a Battle, and cry'd, Well done little one, for the Prisoner's Companion was less than the Prosecutor, yet he knock'd him about and beat his Head against the Windows - the poor Frenchman (the Prosecutor) was beat in a terrible Manner; I saw how the matter was, and had I not blunder'd about a good while to find my Shoes, I had taken them before they had made their Escape. I apprehend that Dorrel who was Fighting with the Prisoner when I took him, had quarrel'd with him, in order to get a share of the Booty.
Rachael Stevens . I live in Red-Lion-Court near Long-Acre, one End goes into Drury-Lane, the other into Long-Acre. I happen'd to be up the 27th of July all Night, with a Child that was dying, and looking out of the Window between 3 and 4 in the Morning, I saw 3 Men come up the Court, and they stopp'd against my House: one of the Men asked the French-man what o'Clock it was? He pull'd out his Watch, and said 'twas almost 4; let me see, says one of them, - but I can't swear which of them it was that said so. Me tell you (says the Frenchman) dat it be almose Vore, why can't you let me see, says the other) Me tell you dat it be almose vore, by mine Vash, says the Frenchman, and was going to put it up in his Pocket; but one of them snatch'd it out of his Hand, and said, - now you know, - me pay de Reckoning vor you, - me pay tres Sheling, and dat Man pay two Sheling, - ven you pay me de Crown, you sall have a de Vash again. Upon this, says the Frenchman, - den you come along vid me, me pawn my Vash, and me pay you, - and so they all went civilly down the Court; but as soon as they had turned the Corner, I heard a great Outcry, and presently the Man that had snatch'd the Watch, came running up the Court again, and the Frenchman after him, crying Teef - Teef - got mine Vash, - got mine Vash; and as he was turning the Corner to go into Long-Acre, the other came up and knocked the Frenchman down; in his Fall, his Hat flew off, and a Woman took it up and ran away with it. I can't be positive to the Men, but I saw the Watch in the Man's Hand that ran away, and saw the other knock the Frenchman down.
Q. To Wilque. Did the Prisoner and the other pay 5 s. for you?
Wilque. Not a Farthing more than 9 d. and that the other Man paid, - not the Prisoner.
James Powel . Mr. Norton call'd me to assist him; I am a Porter in Long-Acre, at the Corner of Phoenix-Court. 'Twas about 12 o'Clock at Noon, he charged me to hold the Prisoner fast; I did so, and we carry'd him before the Justice;
William Dorrel . I will tell you what I know of the Matter. I was walking down Drury-Lane the 27th of July, and there I heard a great Noise about the Prisoner's having robb'd a Gentleman of his Watch; so I went a little farther, and I saw the Prisoner and one John Cane scuffling together; Cane call'd to me, and bid me lay hold of him, for he had that very Morning robb'd a Gentleman of his Watch and his Hat. I laid hold of him, and carry'd him to the White Hart in Hart street, and sent Cane to look for the Constable and the Owner of the Watch. When Cane was gone, the Prisoner started up, and said he would not stay with me, so away he ran, and I after him When I overtook him, he struck me with this Stick, but a Coachman lending me another, the Prisoner surrender'd, and told me, if I would let him go along quietly, he would turn Evidence, and would hang 3 or 4 before he would be hang'd himself. We carry'd him before Justice Frazier, and upon searching him, the Watch was found in his Pocket.
John Cane . On the 27th of July, my Wife and I were coming up Drury Lane, between 3 and 4 in the Morning, and we saw the Prisoner, and his Sister, and his Brother-in-Law, and another Man at the Corner of Red-Lion-Court; they were using the Frenchman in a very barbarous Manner, they beat him terribly, - and his Hair was all over his Eyes.
Q. Who was using the Man ill?
Cane. Clark's (the Prisoner's) Sister, and her Husband, and the Prisoner struck him (the Prosecutor) upon the Belly, because he made a Noise, and held the Prisoner by the Coat, crying out at the same Time, - O my Vash! my Vash! I went up to them, and asked them if they were not ashamed to use the Man in that manner? The Prisoner's Brother-in-law was speaking French to the Prosecutor, and while he was speaking to him, the Prisoner ran away with the Watch, and his Sister with the Hat; the Prosecutor would have run after him, but the Brother-in-Law knock'd him down and beat him, while the Prisoner got away.
Q. To Wilque. Did any Body abuse you beside the Prisoner, and the other Man that talk'd French?
Wilque. No, no Body else.
Q. What Time might there be between their first demanding what it was o'Clock, and the Prisoner's running away with the Watch?
Wilque. About two Minutes.
Cane. About 8 or 9 in the Morning, I heard that one Kelly, (who lodges in one Leadbeater's House with the Prisoner) was taken, and that he had declared, the Prisoner had got the Watch; so I went down to Leadbeater's, and there I saw the Prisoner, and Money and a Watch lying before him upon a Table; there was one Cassedy with him, and I suppose Cassedy was buying the Watch of the Prisoner, for when I asked them what they were doing, and told them, that Watch was the Frenchman's, Cassedy took up the Money again, and said he would have nothing to do with it, and the Prisoner put the Watch into his Pocket. Then I laid hold of him, and said he should not go, 'till the Prosecutor came; he got up, but I kept him safe, and brought him down to Drury-Lane; and as we were going by Little Russel-Street, I call'd Dorrel, the Soldier to assist me, so we carry'd him to the White Hart, in Hart Street, by Covent Garden, and there I left him while I went to get a Constable, but while I was gone, he made his Escape.
Eliz Cane . My Husband and I were coming from Covent-Garden, about Three or Four in the Morning, and there I saw the Prisoner, and the Prosecutor, and another Man, at the End of Red-Lyon-Court. The Prisoner struck the Prosecutor several Blows upon the Stomach, upon which my Husband went up, and said, if you have robb'd the Gentleman, don't kill him. The Frenchman cry'd out - rob! rob! - Vash! Vash! My Spouse got between them and parted them, and then the Prisoner ran away. About an Hour after, I saw the Prisoner again, and he pull'd out a Watch at the End of Queen-Street, to shew it to his Sister.
Prisoner. Cane and his Wife were drinking with me, at the same Time; and he stripp'd himself and wanted to fight me.
Cane. When I saw the Prisoner and the other Man about the Frenchman, in the Morning, I took them to be Sodomites, because the Prisoner had his Hand upon the Frenchman's Breeches.
Prisoner. I will bring sufficient Witnesses, to prove the Watch was pawn'd with me.
Q. To Norton. What Character has the Prisoner?
Norton. A very bad one; he is upon Record for a Rape, and for willfull and corrupt Perjury. The Cellar where this Robbery was concerted, is a Place that I have mention'd several Times to the Justices, and have desired them to grant no Licence. We are afraid to enter at any Time upon any Occasion, for if we do, the Candles are all put out, and the Constables are severely beaten.
Abram Fowler .
C. Then the Justices shall know your Name, Sir.
Fowler. There are more Night Houses than mine, - why are they not all suppress'd? - About the 27th of July, - there, or thereabout, the Frenchman came down into my Cellar, about 11 or 12 o'Clock. He was there some Time, and paid for two or three Pints of Beer, - for, my Lord, 'tis the Custom of us who keep such Cellars, to make the People pay for the Liquor as it comes in, for fear they should run away and Bilk us. But to go on, - when the Frenchman's Money was out, - he could not sit for nothing, - so he call'd for more Beer, and gave me his Watch to keep 'till Morning. Well, - he drank 5 or 6 Pints of Beer, and I had his Watch in my Custody, that I might be sure of my Reckoning. While he was drinking, in comes the Prisoner, and another Man with him that could talk French. They sat down with the Prosecutor and in a little Time seem'd very familiar together. After they had been together some Time, the Man that spake French, asked me if I had got the Gentleman's Watch in Custody? Yes, says I, 'twas given me to keep 'till he pays me his Reckoning. How much does he owe you upon it, says he? I told him twas pawn'd for 9 d. Bring the Watch, says he, I'll pay you the Money. I brought the Watch and gave it into the Prosecutor's Hands, and the Prisoner's Friend pay'd me the 9 Pence. After this, a Pot of Beer came in, and the Prisoner and his Friend pay'd for the Frenchman. Nay, they drank 2 or 3 Hours after the 9 Pence was paid. I'll tell you how it was, - the Man that spoke French, paid 1 s. for the Prosecutor's 9 Pence, so then there was a Pot to come in, and after that they drank 2 or 3 Hours, and the Prisoner and his Companion paid all the Reckoning. 'Tis true it did not come to much, because they drank nothing - but - Beer - common Beer. - The 9 Pence Reckoning was contracted before these People came.
Q. And did the Prosecutor stay 2 or 3 Hours in your Cellar after these Men came in? Pray what Time did he go out.
Fowler. About Four o'Clock.
C. He came in about 11 or 12, and paid for 2 or 3 Pints of Beer, you say before they came in, and after they came in, you say they drank together 2 or 3 Hours.
Fowler. My Lord, he gave his Liquor about to the People that were there, he did not drink all that he call'd for himself. - They went away together about Four o'Clock in the Morning, and the next News I heard was - that the Prisoner was taken up and carry'd before Justice Frazier, for stealing the Watch! I went directly thither, and there I saw the Prosecutor, and his Worship asked him if he had lost his Watch? I have given it, says he, to a Man that paid my Reckoning for me last Night. Was you robb'd? - No, - I have given it to a Man that pay'd 9 Pence for me. Then the Justice offer'd him his Oath: But the Prosecutor said he was a Roman. No matter for that, - swear the Truth, says the Justice. When he was sworn, the Interpreter asked him upon Oath, if he had been robb'd? He said No, a Man had his watch who had paid 9 Pence for him, and that he expected to have it again. Why, says the Justice, the Man that has the Watch, says he paid 6 s. 10 d. upon it. No, no, says the Frenchman, it be no Ingliseman take mine Vash, - it be won Frenchman dat ware his own Hair; he pay de 9 Pence vor me. Then the Justice asked the Persons that brought the Prisoner before him, why they took him up? I did make mush Noise (said the Frenchman) but vether I vas rob, I not know; I vant to keep de Man, dat I may get my Vash. The Justice upon this, would have discharged the Prisoner, but one of the Men that took the Prisoner informed him that not with standing what the Prosecutor then said, he did believe he was robb'd in earnest.
Mr. Justice Frazier. Mr. Norton brought the Prisoner before me, and charged the Prisoner on his own Oath, as he had seen the Robbery himself. I sent for the Prosecutor, but he did not appear in 2 Hours. The first Thing I did was to search the Prisoner; the Watch being found upon him, I order'd him to give an Account of himself, and how he came by it. He told me he lodged in Surrey with a Washerwoman, and that he was at Home that Night about Nine or Ten o'Clock, in Surrey; then he said he had forgot himself, and own'd he was out till Four in the Morning. I found we could not get the Prosecutor, so I committed him for further Examination. But a little while after I had committed the Prisoner, that Man - who keeps the Night Cellar, brought the Prosecutor to me, and he and his Companions pull'd him about and put Words into his Mouth. I should have told your Lordship, that when the Prisoner was before me, he told me, he had lent 6 s. upon the Watch. When the Prosecutor was examined, he did say he was not robb'd but that
Q. To Wilque. Pray how came you when you was first before Mr. Justice Frazier, to declare that you was not robb'd?
Wilque. There were 5 or 6 People upon me, terrifying and teizing me, - they told me the Man was not taken, and bid me not insist upon his being committed if he should be taken, for if he was committed he would be hang'd. One of these Men is here in Court, that is one of them, ( pointing to Cassedy.)
Q. Who are you, Sir?
Cassedy. I live in Cross Lane in Holborn, - no, I am not a House-keeper, but I pay about 6 or 7 l. a Year for 2 Rooms, and I am a Stay-maker by Trade.
Q. Who knows you? Is there any Body here can give any Account of you?
Cassedy. Yes, here's a Gentleman knows me, Mr. Fowler knows me.
C. O! that's the Man that keeps the Night-Cellar; I suppose the Prisoner knows you likewise.
Norton. There has been 15 or 16 of this Gang that have threatned my Life, if I appeared in this Matter.
Wilque That Man ( Cassedy ) told me I should have my Watch again if I would not prosecute, and as a Token thereof, he said I should have his (Cassedy's) 'till my own was return'd
Q. To Mr. Frazier) Was the Prosecutor upon Oath, when he said he was not robb'd?
Justice Frazier ) Yes, my Neice understanding French, she interpreted upon Oath.
Mr. Frazier's Niece ) Two Hours after the Prisoner was committed the Prosecutor came; I ask'd him if he had been robb'd of his Watch? He said no, the Man had lent him 9 d. upon it, And had not robb'd him. This he said several Times over.
Mr. Frazier. But when he came again about 6 o'Clock, he swore that he was absolutely robb'd, and his Information was read over to him 3 Times, I ask'd him the Reason of his denying it before? He told me, he was afraid of these People, that they had frighted him, and that he did not understand our Laws; but since that, his Landlady had told him, he must speak, and tell the whole Truth.
Cassedy. I was drinking at the Horse Shoe and Magpye in Clare Market, and the Prisoner came in the Morning that this Accident happen'd, about 6 o'Clock. Some Time after, Cane came in and laid hold of the Prisoner, telling him the Frenchman made a great Noise about the Watch, and that if it was not return'd, he (Cane) should be brought into Trouble. Why, says the Prisoner, I lent 6 s. and some odd Pence upon it, if you'll give me the Money, I will give it you. Cane would not take it, then the Prisoner offer'd it to me; but I would not take it. Then they went to the Bull head in Vere street, and at that Time the Man of the Night Cellar and I came in together. Cane's Wife told them in my hearing that the Frenchman was hard by, and if he might have his Watch again he would be satisfied. After this, I met the Frenchman in Wild-street, and I asked him if he had been robb'd? No, no, says he, and at the same Time I know the Prisoner had the Watch in his Pocket, and the Chain hanging out; so I took him (the Prosecutor) to the Bull head, but when we came there, they had carry'd the Prisoner to Justice Frazier's. Upon this, I carry'd the Frenchman to the Justice's House, and there he said he had pawn'd his Watch to a Man that speak mush French, and that he no was rob. The Justice asked him, how he came to make such a Noise about it if he was not robb'd? No, I vas var drunk (says he) so me lay mine on the Table sometime, so de Men go out, I fear Men not give mine Vash again, so I go after and cry robbe! robbe! mine Vash! mine Vash !
C. Why, it seems you are the Person that perswaded him to say all this!
Wilque. He (Cassedy) pull'd out a Watch in an Ale-house, and offer'd it me if I would be quiet: that's the very Man.
Francis Lambert I keep a Publick-House in Parker's Lane: on Wednesday Night Cane came into my House, and the Prisoner being there, some Words arose between them, upon which Cane said, - by G - d I will swear your Life away.
Cane. My Lord, that Man's an Irishman
Cane. This is an Irishman too my Lord.
The Night Cellar-Man. My Lord, I have known the Prisoner this 5 or 6 Years, - I never -
Q. To Norton. Pray what Character has this Man's Cellar?
Norton. A very bad one, my Lord. The Reason we can't prevent such Things as these is, we dare not go down into his Cellar for Fear of being knocked on the Head; when the Constable and Beadles go down, the Candles are all put out, and they are beaten almost to Death.
Cellar Man I was arrested and put in Newgate for Debt; Mr. Nichols can give an Account of me.
Mr. Nicholls. I know nothing at all of him.
A Woman. I have known the Prisoner 5 or 6 Years, I am a Milliner in Piccadilly. He liv'd 4 Years ago (as a Servant) at my Lord Strafford's; since that he was Servant to a Relation of mine, one Morris a Doctor of Physick in Soho Square.
Prisoner. The last Place I liv'd at was Hill's Coffee-House, and since that I have been lame.
Q. How came you then to frequent Night Cellars at 3 or 4 o'Clock in the Morning?
Prisoner. I got up early that Morning, because I was to go with my Sister to Hampstead, who lives there with some credible People.
A Witness. That was the Woman that run away with the Man's Hat.
Prisoner. I had lent 6s. 10d. to the Frenchman upon the Watch, and as we were going along, he collar'd me, and would have it again without paying me the Money.
Wilque. He paid not one Farthing more than 9 d for me.
A Witness. I was in Lambert's House, and heard that Woman (Cane's Wife) say, that no Body would have the Assurance to appear in the Prisoner's Behalf, for if they did, they would be secur'd in Court.
C. When manifest Perjuries are discover'd, the Persons offending ought to be committed and punish'd.
Prisoner. Mr. Lambert can speak to my Character.
Lambert. My Wife can speak better to it than I can, - she's an Irishwoman.
Mrs. Lambert. I have known the Prisoner 4 Years and a half; for this last Year or two, I never knew nothing of him but what was true, - and just, - and honest. I have known him several Years to behave true and honest. The Jury found him Guilty . Death .
44 John Hickman , of St Leonard Shoreditch , was Indicted for feloniously making and causing to be made a certain false, forged, and counterfeit promissory Note, for the Sum of 56 l. &c. and for uttering and publishing the same, knowing it to be false, forged and counterfeit , July 27 .
The Councel for the Prosecution having open'd the Charge, the Witnesses were call'd.
Ann Sturk . The Prisoner is the Man. My acquaintance with him began, by his coming to Drink at my House, for at that Time, I kept a publick House. What he call'd for, he paid for, and spent his Money pretty liberally, never insisting on Credit, nor ever borrowing Money of me. But hearing I was a Widow, he told me he had a Chest with a great many good Things in it coming Home in the Fleet with Sir John Norris , and he would bring it to me. He told me likewise, that he had got a Note upon Mr. Jasper of Tower-Hill, payable 2 Months after Date for 56 l. and if I would consent to Marry him, he would leave that with me. I refused him, but after many Persuasions, he left the Note with me, tho' I told him, I had no Inclination to Marriage. He said, if I had any Occasion for Money, he would endorse the Note, and then I might make'use of it. I told him I should not want it, for I was supported other Ways, and if I went to Holland, as I believe I should, - I should have enough. Some Time after I resolved to go to Holland, so I left the Note with Mr. Peacock to take Care of it for him, but Mr. Peacock told me the Bill was a bad one, and if I did not produce the Man I had it of, I should come into Trouble. The Prisoner was then at Portsmouth, Mr. Peacock desiring to know how a Letter might be directed to him, we went to the House where he had lodged and enquired. The Woman told us, he was going a two Years Voyage, and we apprehended it would be very difficult to find him. But I set a Man to watch for him in the Neighbourhood, and he saw him come by that Evening; he was going to make his Escape, and the Woman was following him.
Q. Was he taken then?
Sturk. Yes; and this is the Note I received of him.
Q. Did he give it you as a real, true Note?
Sturk. Yes; and he said if, I wanted Money, I might make use of it; he told me, it was a
Clerk reads the Note.
Thomas Chorley . I am Mr. Jasper's Clerk, and am very well acquainted with his Hand writing. This Note I am sure is none of his Writing, it bears not the least Resemblance to any Writing of his, that ever I saw. Here is a Paper of Mr. Jasper's Writing, this I know to be his Hand, and this forged Note is not at all like it.
Q. How long have you liv'd with Mr. Jasper?
Mr. Chorley. Seven Years.
Councel. Was this forged Note brought to your Master?
Mr. Chorley. It was brought to his Office about the 25th of July last. A Lad brought it, and gave it into my Hand; he asked me whether it was a good one, - whether it was Mr. Jasper's? I took no Notice that 'twas bad, but only asked him, who he had it of. The Boy said it had been left by Mrs. Sturk, with his Father, (Mr. Peacock) and she desired to know if it was a good one. I told the Lad Mr. Jasper was out of Town, but that he was expected Home next Day; so I desired him to leave it, and call again for my Master's own Answer. I don't know that the Boy called again, but next Evening a Man came to let us know that the Prisoner was apprehended.
Sturk. I was at the taking of the Prisoner, and when I charged him, with this forged Note, the Constable bid him charge me, he did so, and we were both carried to Prison together. So I got much, by endeavouring to clear up this Matter, - I was sent to Jail with him. When the Prisoner was before the Justice, he did not deny his giving me the Note, and he could not say that Mr. Jasper owed him any Money. The Justice asked him, how he came by that Note? He told him he did not know.
The Justice. When he was before me, he own'd the Note was in his Custody, but he could not give any Account how he came by it. I can't say he own'd the Delivery of it to the Woman.
Alexander Chorley . I liv'd with Mr. Jasper about 3 Years, but have been gone from him about 3 Months. I know his Hand-writing, - I have seen him write an hundred Times; I am satisfied this Note is not his Writing; the other that has been compared with it, I do believe to be his own Writing.
The Justice. Upon Recollection, he did own he left it with the Woman, and justify'd himself, by saying he had not paid it away.
Q. So the Prisoner made Application to you, by way of Marriage?
Sturk. Yes, and I told him I had no Inclination to marriage.
C. 'Twas well you was not enclin'd to marriage at this Time, - you had a good Escape.
Defence. I know nothing of it. I am a Stranger in Town, and by this Charge, have lost my Voyage, - I was never in London before. Please to enquire into this Woman's Character.
C. 'Twould stand you in more stead, to give a good Account of your own.
Prisoner. My Lord I have no Witnesses. Guilty , Death .
Mr. Merchant. On Wednesday Night last, as I was going thro' the Postern at Aldgate , the Prisoner and two more were quarrelling. I had not stepp'd above two steps within the Postern, but I felt my Watch slip out of my Pocket. There was no one near me but the Prisoner, therefore I clapp'd fast hold of him, and told him he was the Man. Another came up immediately, and cry'd - what's the Matter? I imagined him to be one of his Companions, so I seized him too, and brought them both out, from under the Postern. I had no sooner got them out, but says the Prisoner, - see what you have done, and immediately I looked down, and pick'd up the Watch from the Ground, between his Legs.
Mr. Mann. I was going thro' the Gate at this Time, and 2 or 3 Men were making a Quarrel; as I shov'd thro', I heard Mr. Merchant say, - you're the Man. He seized him by the Collar, and was pulling him out, when another Man came up and made a Noise, upon which Mr. Merchant seized him too, and pull'd them both out. The Prisoner dropp'd the Watch upon the Ground, and said, - see what you have done, there's the Watch. Upon my Oath I saw him drop it from between his Legs.
Q. What Time was this?
Mr. Mann. 'Twas about Seven o'Clock, or a
Q. What do you mean by the 2 Lights?
Mr. Mann. Between Day Light, and the Light of the Lamps; there was Light enough to see it very plainly, between the Prisoner's Legs.
Constable. I was the Officer that took Charge of the Prisoner: the Gentleman had the Watch in his Hand, he charged the Prisoner with picking it out of his Pocket, and Mr Mann said he saw him drop it, - he said he saw it before it came to the Ground.
Prisoner. The Gentleman took hold of another Man before he laid hold of me, and charg'd him with picking his Pocket.
A.Witness. The Prisoner is reckon'd the Head of the Pick-pockets in my Neighbourhood - about Temple-Bar in general, every Shop-keeper thereabout knows him to be a Pick-pocket. Guilty . Death .
46 William Runnington , of Allhallows Honey-Lane , was indicted for that he not having God before his Eyes, &c . on William Reynolds did make an Assault, and a certain Knife made of Iron and Steel, value 6 d. at and against the Body of the said Reynolds did cast and throw, giving him a mortal Wound of the Length of one Inch, and the Depth of 2 Inches, on the right side of the Belly, near the Groin of the said Reynolds; of which mortal Wound he languish'd from the 24th to the 25th of August, and then died in the Parish of St. Bartholomew the Less . He was likewise charged by Vertue of an Inquisition taken by the Coroner.
Sarah Williams . I was sent to Market on an Errand, and there I saw Watts the Butcher-woman tussling with the Prisoner, she held him with his Arms confin'd a-cross, and his Back against the Wall. Another Butcher-woman standing by, bid the Deceased go and assist the Woman; he went accordingly, and putting his Arms round the Woman's Waste, he pull'd her aside; then he pushed the Prisoner to the outside of the Stall. Upon this, the Prisoner came up and struck the Deceased a Blow in his Face, and the Deceased pushed him by the Side of the Stall, on the outside. Then the Prisoner turn'd round, and went behind the Stall, and took a Carver, and threw it at the Deceased.
Q. How far was the Deceased from the Prisoner at this Time?
Williams. About 3 Yards. - The Prisoner took up the Knife by the Handle, and threw it directly at him, so it stabb'd him on the right Side, - in his Bowels, a little above the Wastband of his Breeches.
Counc. When the Deceased came to part the Prisoner and the Woman, did he tell him any Thing of his Design?
Williams. I did not hear him say any Thing at all.
Q. Was the Prisoner striking the Woman?
Williams. No, she held him confin'd, with his Back against the Wall.
Q. How far was you from them when the Blow was given?
Williams. About 5 Yards.
Elizabeth Sanney . When this Accident happen'd I was at my Stall, about 10 Yards distant from the Place where the Deceased stood when he receiv'd the Hurt. The Prisoner and Mrs. Watts were quarrelling and scolding, so she got up and struck the Prisoner several Blows, and held him up against the Wall. Upon this, the Deceased's Mistress bid him go up and part them.
Q. Was that said so loud that the Prisoner could hear it?
Sanney. I don't know that. The Deceased went up to the Prisoner, and asked him how he could strike a Woman with Child?
Q. Did the Prisoner strike the Woman?
Sanney. I believe he did strike her once; but whether the Deceased struck the Prisoner first, - or the Prisoner, - the Deceased, I can't tell. I saw the Deceased strike the Prisoner up against the Stall, when the Woman was sat down in her Chair; her Stall is just a-cross the Row. Then the Prisoner turn'd short, and snatch'd up a Knife, and flung it at the Deceased; he did not dart it, but flung it at him; I did not see where it struck him, because I was in the Inside of my Stall.
Counc. Do you know of any intimacy there was between the Prisoner and the Deceased?
Sanney. Yes, I can safely swear there was no Malice in the Case.
Jury. We ask whether the Knife lay by the Prisoner, or whether he went from the Place where he stood to take it?
Sanney. I was very much surprized: but to the best of my Knowledge it lay by him.
Q. Did you observe how they stood together, when Smith bid the Deceased part them?
White. Yes, Watts struck him 2 or 3 Times in
Q. Did you see the Deceased do any Thing to the Prisoner after the Woman was retired.
White. No, there was some Words passed between them I believe, but the Deceased never went near him after the Woman withdrew. I saw the Deceased draw the Knife out of his Body, just above the Wastband of his Breeches; he dropt it down, then clapp'd his Hands upon the Place and walk'd by me directly.
Q. Do you know of any Intimacy between them?
White. I believe but very few Days passed, wherein they did not eat and drink together.
Counc. Did not the Deceased push the Prisoner after the Woman was gone?
White. No, he never came near him, and the Prisoner never stirr'd a Yard from the Wall 'till the Knife was flung.
Q. Did you hear the Words that passed between the Prisoner and the Deceased, after the Woman retir'd?
White. I did not take Notice of them. The Prisoner was crying, (weeping) and the Knife lay at his left Hand, my Eyes were not off them 'till the Wound was given.
Q. Did the Prisoner strike the Woman?
White. No, he did not strike her at all.
Q. When the Deceased turn'd, and the Words passed between him and the Prisoner, do you think he had any Intention to offer any Violence to the Prisoner?
Q. To Sanney. Did not you say you saw the Deceased strike the Prisoner up against the Stall after the Woman was retir'd?
Sanney. Yes, I saw the Deceased strike the Prisoner after Watts was retir'd, I think it was after, to the best of my Knowledge: He struck the Prisoner before the Knife was flung.
Q. Mr. White says, the Deceased was not near enough to strike the Prisoner at all, and you say, he struck him up against the Stall.
Sanney. Yes, after Watts retir'd, the Deceased struck him, and before the Knife was thrown.
Williams. No, the Deceased struck him in the Face, just at the Time that he put the Woman away.
John Greatrex . I did not see the Quarrel begin but I stood at a Stall, and saw the Prisoner going in a great Passion behind his Stall, and the Deceased stepp'd into the Passage, and gave the Prisoner a Shove, to hinder him from going by; upon that, the Prisoner gave the Deceased a Blow, and the Deceased gave the Prisoner a Stroke on the Side of the Neck. Then the Prisoner brush'd by the Deceased and catch'd up the Carver that lay behind the Stall, and turn'd himself about, and threw it over an empty Stall at the Deceased. This was all done in an Instant.
Q. Was Watts there at that Time?
Greatrex. No. I believe the Thing was done in a Passion, for I have often seen the Prisoner and the Deceased eating and drinking together.
Watts, the Butcher-woman. The Prisoner was saucy, so I slapp'd his Chops; then he call'd me Names, and I follow'd him behind the Stall and slapp'd his Chops again, and held him with his Arms a-cross against the Wall: When I had done I ran directly to my Chair; I don't remember the Prisoner struck me at all. My Chair stood about 5 Yards from the Place where I beat the Prisoner, and I had not sat down a Moment, before I heard the Deceased shriek out; I turn'd to see what was the Matter, and saw the Knife drop down. The Deceased walked away, and I saw no more of it.
Q. Did not you hear somebody speak to the Deceased to come to your Assistance?
Watts. I don't remember it.
Counc. Don't you know that the Deceased and the Prisoner were intimate Friends?
Watts. They were always very great. I believe there was no Malice - only Heat and Passion, - they were like two Brothers.
Counc. You say you did not hear any Body bid the Deceased come and help you?
Counc. Then consequently the Prisoner could not hear it.
Ann Smith. About three Yards; I saw the Deceased pull the Knife out of his Bowels.
Counc. Was there any Intimacy between the Prisoner and the Deceased?
Smith. They were like 2 Brothers.
The Surgeon The Patient was brought to me just after he received the Wound; 'twas upon the lower Part of the Belly, and was undoubtedly the Cause of his Death.
Defence. That Woman - Watts, - came and slapp'd me, and the Deceased took her Part and struck me, and call'd me Son of a Bitch, - tho' I lov'd him as well as if he had been my own Brother, and as such we almost always eat and drank together. I have repented as much, since I did it, as if it had been my Father.
Mr. White, Mrs. Sanney, and Mrs. Smith, gave the Prisoner the Character of an easy, innocent, honest Fellow.
Mrs. Horton. The major Part of the Night, that the Deceased dyed, I sat up with him (I am a Sister in St. Bartholomew's Hospital.) The Deceased pray'd to God to forgive the Prisoner; he said he was sure he did not do it willingly, and was very uneasy when he heard he was taken up, and blam'd himself that he should meddle in Contentions that he had no Business with.
48. , of St. Clement Danes , Esq ; was indicted, for that he not having God before his Eyes, &c on Ann Keate , Spinster, did make an Assault, and her against her Will, feloniously did Ravish, and carnally know . June 21 .
Councel. We beg a Letter may be read that the Agent for the Prosecutor told me he wrote.
To L - I H - y, Esq; in Garden-Court, in the Temple.
Sir, I was last Night sent to by a Client of mine to take Instructions for a Bill against you, for an Outrage of the blackest Dye, committed upon Ann Keate , and had an Information put into my Hands to that Purpose; but in Regard to your being a Gentleman, I thought it better, to desire you might be sent to, before this was attempted, but it was deny'd me; however, if you will make any Overtures you may, if not I shall proceed. I am, &c.
Q. To the Agent. What are these Overtures? what do they mean Sir?
Agent. There was an Information put into my Hands, and I thought he would make some Application to her.
Mrs. Keate. On the 24th of June, about 7 or 8 o'Clock in the Evening, I was going from Fountain-Court in the Strand, to the Old Bailey, for a Bottle of Daffey's Elixir, for this Gentlewoman's (Mrs. Mitchel's) Child; I live in her House. -
Q. Pray what Business is that Gentlewoman?
Mrs. Keate. A Widow, and she has an Annuity. I live with her, - but not as a Servant, - I keep my self, and can give an Account - how I have 30 l. a Year, of my own. As I was going along, my Foot stumbled, and this Gentleman came after me, and asked me where I was going? What's that to you says I. Why my Dear, I have had a terrible Misfortune; I have had a Girl that has jilted me and used me ill: and he desired me to take a Glass of Wine with him. I told him, I would not go with him. Then he asked me where I was going? I told him to the Old Bailey. He said he would not let me go, 'till I had taken a Glass of Wine with him. He promised he would not molest me, and went all the Way to the Old-Bailey with me. When I got there, I went into a House, and I thought I should have lost him, - but when I came out again, - there was he waiting for me, and still said he would not leave me, 'till he had drank a Glass of Wine with me, and so he follow'd me to the Ship Tavern by Temple-Bar; at the Corner of Butcher-Row, pray, says he, go in and drink, - we'll sit in the publick Kitchen, or wherever you please; and says he, if I am rude, - keep this, (pulling a very handsome Diamond Ring off his Finger.) So - I went into a publick Room with him, and there he told me, if I would go down into the Country with him, he would marry me, to spite his Girl, who had gone and marry'd his Plow-Fellow And says he, if you'll consent to go down, you shall go with me to my Chambers to Night. But pray, says he, whenever you come to me, be sure to be dress'd very fine, that my Servants may tell her, and that will make her mad. I told him I could not lye out of my Lodgings all Night; why then says he, come To-morrow Morning. When we come out of the Tavern, he call'd a Chair to carry me Home, and the Chairmen instead of carrying me Home, - they carried to - another Place. Why Fellows, says I, I did not bid you bring me Here! But damn them, says he, I did.
Q. What Time of Night was it, when he met you:
Keate. Not quite Eight o'Clock.
Q. How many Pints of Wine did you drink?
Keate. I can't tell. But we staid at the Tavern 'till about 10 o'Clock.
Keate Into a very long Room, - an Entry, in Garden Court . When the Men lifted up the Top of the Chair, I told them I did not live there. The Prisoner told them I did, and took the Candle from them, and so made me go up 2 pair of Stairs, and shew'd the Gold Watches, Silver Salvers, and a great many fine Things, which he said he would give me, if I would lye with him. Then he brought out Shrub and several Bottles of Wine, and would have me drink; I insisted upon going Home, but he would not let me. - I have a great Cut here, - which I got by his flinging me out of Bed. When he had stripp'd himself, he told me if I would not strip my self, he would, or he would send for Porters that should do it for me, - and all this while I begg'd and pray'd he would let me go Home, but he would not let me.
Q. And was not you prevail'd upon at last?
Keate. No. He tore off my Gown and my Shoes and Stockings, but my Petticoats were none of them pull'd off.
Q. Well, and what was next?
Keate. I can't speak it in Court - for all the World.
Q. When you found your self in Garden-Court, with all this prodigious unwillingness, why did you not complain? Why did you suffer your self to be carry'd up 2 pair of Stairs?
Keate. He took the Candle from the Chairmen and it went out before we got up Stairs; but when we came into his Room he struck a Light with a Thing like a Pistol.
Q. When you was in his Room, why did not you cry out?
Keate. I did break a pane of Glass, but he told me no Body would hear me if I did cry out. He used me in a very barbarous Manner, but I can't tell it for ever so much.
Mrs. Mitchel. Miss Keate came Home crying the next Day, after this happen'd, about 2 o'Clock in the Afternoon. Miss Nanny, says I, What is the matter with you? What made you stay out all Night Child? Don't ask me, says she, and fell into a violent Passion of crying, and so went to Bed.
Q. When was any Information given to a Justice of the Peace?
Keate. I employed a Man to get a Judges Warrant, and gave him a Guinea to do it, but he run away with the Money.
A Witness. I went to the Prisoner's Chambers the next Day.
Counc. I believe you have been there often enough to see for Overtures.
The Prisoner was Acquitted , and the Court granted him a Copy of his Indictment.
49 , was indicted for stealing 7 Linnen Sheets, 5 damask Table cloths, 8 Pillowbiers, 4 Napkins, 19 linnen Dusters, 18 Window curtains, a pair of brass Candlesticks, an iron Shovel and a pair of Tongs ; the Goods of Paul Harris , in the Parish of St. Christopher's , August, 29 .
Mr. Harris. The Prisoner was my Servant when this Robbery was committed. Another of my Servants having given me Information, that the Prisoner had carried 2 or 3 Bundles out of my House; I took the Informer with me to the House where she said the Things were lodged, and there I found the Linnen mentioned in the Indictment, and several other Things. Five bundles I found at one John Fisher 's; at Alice Gibbon 's, I found a pair of brass Candlesticks, Shovel and Tongs. I charged the Prisoner with taking these Things, and she own'd the Fact, in hopes that I would shew her Mercy. I did not promise to shew her any Favour, yet she confessed it before Sir Richard Brocas . I must say that I had not the least suspicion of her, 'till I received the Information from her Fellow-Servant, and except this Fact, I know nothing against her.
Mary Penston . About the 27 of July, the Prisoner asked me to carry a parcel of broken China, and a bundle of Clouts into Broad St. Giles's, I carry'd them there, but I never saw them open'd, 'till my Master and I went together to ask for them. One of the Bundles prov'd to be Sheets, and at the same time the People of the House produced 5 Bundles more, which the Prisoner had left with them. I carry'd the Candlestick, and the Shovel and Tongs to the same Place for her. The Things were my Master's, Mr. Harris's.
Q. And how came you to carry your Master's Goods out of his House?
Penstone. The Prisoner desired me to do it, and told me she design'd all these Things for her self; she said, they were of no great Value, therefore she desired me to carry them out against she went to House-Keeping.
Elizabeth Morgan . The Prisoner is my Sister; she told me she was going to House-keeping, and desired she might leave some Things with me. Accordingly she sent 3 Parcels, one by the House Maid, and 2 by an elderly Man, who is a Stranger to me. From my House I sent them to John Fishers, the back-side of St. Giles's.
John Fisher The Prisoner and her Fellow-Servant came to my House one Day, and told me she was going to House-keeping, and so desired to leave some Goods with me. I told her I had not much Room in my House, but I would put them in a Neighbour's Lodging for her. One Parcel was broken China (which she said were her Perquisites ) and there were 2 Bundles of other Things. Three Parcels came afterwards, in Elizabeth Morgan's Name. I put them all together, and Mr. Harris had them again.
Alice Gibbons . The Prisoner and her Fellow-Servant brought some Things to my House, and among them, there was a Bedstead and a porrage Pot, a pair of Candlesticks, a Grate, a Shovel and Tongs: I imagin'd she had bought them, and chid her for buying such Trumpery.
Constable. I had this Bundle deliver'd me by Mr. Harris at the Crown-Tavern, behind the Royal Exchange.
Mr. Harris. And I had the Things in it, from John Fisher's and Alice Gibbon's.
Prisoner. I know of no more than 2 Bundles, the rest Penstone carry'd out her self. She mention'd carrying away the Goods first to me, and would have had me have taken more.
50. John Wharton , of St. John Wapping , was charged on the Coroner's Inquest, for casting a Piece or Pieces of Wood from the Ship Dolphin of Scarborough at John Strainer , then standing on the Gunnel of a Lighter, and the said Strainer, being thereby affrighted, fell into the Thames and was Drowned . August 19 .
John Parrot . I saw the Lighter come across the Hauser of the Dolphin; the Deceased asked them to loosen it, but they refused. He was then standing upon the Gunnel of the Lighter, and threaten'd to cut it; upon this, some Body in the Ship, (but I can't say it was the Prisoner) threw a Chip, and the Deceased fell from the Gunnel of the Lighter into the Thames and was Drowned.
Q. Did the Chip fall upon the Deceased?
Parrot. No, it went a Yard from him, on the left Side; and after it came to the bottom of the Lighter, the Deceased stumbled and fell Overboard?
Arother. I saw the Prisoner throw the Chip into the Lighter. It alighted about 2 or 3 Foot from him. 'Twas but a small Chip, and was so small it would scarce fly with the Wind. After the Chip fell, the Deceased turn'd himself round, and slipp'd from the Egde of the Lighter into the Thames.
Prisoner. I had no Design to touch or hurt the Deceased, for I never saw him before in my Life, The Reason of my throwing the Chip was to direct him which way to go, to avoid the Ship's Hawser. Acquitted .
51. William Lambert , of St. Paul Shadwell , was indicted for wilful and corrupt Perjury, in his Evidence against Jane Clark , who was try'd on an Indictment for Felony and Burglary , the 26th of May last, at Justice Hall in the Old Bailey
There being a Defect in the Indictments, the Prisoner was Acquitted.
Both Guilty .
53. Elizabeth Archer , of Stepney , was indicted for stealing a Bed-Tick, value 4 s. a Bolster, value 1 s. 2 Linnen Sheets, value 3 s. a Blanket, 5 s. a Brass Sauce-pan, 3 s and a pair of Bellows, value 1 s. the Goods of Peter Field , in her Lodging , Aug 26 . Guilty .
54,55 John Jenkinson , and Matth.ias Franks , were indicted for stealing a pair of Silk Stockings, value 12 d. and 3 pair of Worsted Stockings, value 3 s. the Goods of Joseph Humphreison , July 9 . Both Acquitted .
The Prosecutor not appearing, the Prisoner was acquitted .
The Prosecutor being several Times called, and not appearing, the Prisoner was discharged .
58. Eleanor Clark , was indicted for stealing a red Damask Gown, value 5 l. a red Damask Petticoat, value 3 l. the Goods of John Wilis , in the Shop of Joseph Birchmore , in the Parish of St. Andrew's Holborn, May 31 .
Joseph Birchmore . I keep a Pawnbroker's Shop upon Saffron Hill . On the 31st of May I lent 4 l. upon this Gown and Petticoat, and the Gentlewoman that brought them to pawn, giving me a great Charge about them, I wrapp'd them up in a
Q. And where did you find the Goods at last?
Birchmore. At one Mrs. Aris's in Baldwin's-Gardens.
Rebecca Aris . The Prisoner pledged these Goods with me for 3 Guineas and a half, the 31st of May. She told me they belonged to a Gentlewoman in Hatton-Garden, who was sick, and was straiten'd for Money, and that when she was well she would fetch them again. I saw the Cloaths were very good, therefore I refused to receive them unless she could give an Account of her self; upon this, she carry'd me to one Mrs. Hale, who keeps a Potter's Shop in the Neighbourhood, and Mrs. Hale told me, I might safely lend her the Money. I let her have it accordingly, and kept the Cloaths 'till the People came to enquire for them, and I deliver'd them to the Constable.
Mr. Cook, Constable. These Goods I found at Aris's, and she swore they were brought to her by the Prisoner. I have had them in my Custody ever since.
Q. To Birchmore. Is this Shop of yours next the Street?
Birchmore. Yes, I take in Pledges, and now and then hang up a Thing in it, (that happens to be forfeited) to sell.
Q. Who did this Gown and Coat belong too?
60. Mary Hindmarsh , of St. Giles's in the Fields , was indicted for stealing a Looking-Glass, value 6 s. a brass Candlestick, value 10 d. a Linnen Counterpain, value 30 s. a pair of Blankets, value 7 s. a pair of Sheets, value 4 s. 2 linnen Pillowbiers, value 12 d. the Goods of Susannah Roberts , in her Lodging , July 12 .
Susanna Roberts . About the 11th or 12th of July, I let the Prisoner a Lodging in my House at 3 s. a Week; she came in the Evening, and then I saw all my Goods in the Room, for I help'd her to make the Bed. In the Morning I intended she should breakfast with me, so I went up Stairs. to call her, but no Body answered. About 12 I open'd the Door, and found the Bed just as I had made it the Night before, - only it was stripp'd, and the rest of my Goods were gone. About a Month afterward, one Mrs. Cotton inform'd me, that she had seen some of my Things in a Broker's (one Mrs. Bushnel's ) Shop in Castle-Street. Upon this, I went thither, and found my Looking-glass, but the Broker would have 6 s. for it.
Mrs. Cotton. About a Week after the Prosecutrix was robb'd, we found the Candlestick and the Glass at Bushnel's, and nothing more, for the Constable did not search carefully; he open'd no Boxes nor Drawers.
Roberts. Bushnel informed us, she had the Goods of the Prisoner, and the Prisoner when she was before Justice Mercer own'd she took them.
John Freeman . The Prisoner when she was produc'd, acknowledged that she had stole a Candlestick, a Blanket, and a Looking Glass and no more; but 4 Days after this, she own'd that she took all the rest, and had sold them all to this Bushnel.
( Bushnel not appearing, the Court order'd her Recognizance to be estreated )
Prisoner. I am very well acquainted with this Mrs. Bushnel, and happening to be there one Day, who should I see with Mrs. Bushnel but fat Betty Cook ; so they took me to the Gin-shop, and made me almost drunk, while we were at the Gin-shop says Betty Cook, I want a little Money, - let's go and take a Lodging. We agreed upon it, and went
Justice Mercer. I granted a Warrant to search Bushnel's House, and had her before me, and she said the Prisoner was to be produced, for she liv'd at Hyde-Park Corner. What the Prisoner says now is very different from what she said when she was before me. Guilty .
Mr. Akerman. The Prisoner was my Servant , and on the 19th of July she stole a pair of Silver Spurs and a Silver Spoon. I know it by her own Confession, she told me where she had pawn'd them, and went with me to the Pawnbroker's, where I found them. Guilty .
Henry Hollis, I have nothing to say, but only I lost my Watch, and the Prisoner told me with his own Mouth, that he could help me to it again if I would give him a Guinea, a Shilling, and a full Pot of Beer. I keep a Publick House , and he used to come to my House for a Mug of Beer.
Q. Did he say that he took it, or only that he could help you to it again.
Hollis. He said he could help me to it again, - and that it was in a Woman's Hands.
Sarah Hollis . I took the Watch out of a little Cupboard in the Kitchen, where the Prisoner was drinking with other Company; they all look'd at it to see what it was o'Clock. Some Company coming in, I put it into the Cupboard again, and stepp'd into the Parlour, when I came back the Prisoner and his Company were gone, and the Watch too.
Susannah Coomer . I saw the Prisoner have the Watch in his Hand the Day that 'twas lost; he took up the Flat of his Coat, as if he would have put it into his Pocket, and said, - if I was to take this Watch, I'll be d - n'd if Hollis would know it again. I went into the Parlour, and saw no more of it. About a Week after, as I was going with Hollis's Daughter to School, I met the Prisoner in a Lane, and he asked me if I was to return Home that Night? I told him I could not tell. Because says he, if you were going to London, you may see a Man who will produce Mr. Hollis's Watch; but at present, 'tis in a Woman's Hands.
William Fowler . I have known the Prisoner too long; ever since he was 14 Years old. He is my Sister's Son, - a poor unfortunate Fellow, and what makes him more so, he's eternally drunk. The Watch to be sure was lost, but I have subpoena'd a Man down who own'd that he himself took the Watch, and afterwards put it into the Cupboard from whence it was taken.
Q. In other Respects, is the Prisoner look'd upon to be honest?
Fowler. I don't know that he was ever guilty of Thieving. I never heard any Thing of that, but he's a most abominable Drunkard.
Hugh Flanders . When the Prisoner was before the Justice, he said he would send his Wife to the Cunning Man; and he asked what they could do to him, if the Cunning Man should tell them where the Watch was.
Fowler. He as much believed the Cunning Man could help him to the Watch, as I believe I am alive; and that was the Way in which he thought to get the Shilling and the Guinea. Acquitted
63. James Macdonald , of St. George's Hanover-Square , was indicted for breaking and entering the dwelling House of Simon Burton , M D about the Hour of Three in the Night, and stealing a Cloth Coat laced with gold Lace, value 20 s. a Cloth Waistcoat, value 21 s a Pair of Buckskin Breeches, value 10 s. and a Frock value 7 s. August 1 .
Christopher Green. I am Dr. Burton's Coachman, My Master's Stables are in Bartlet-street, and they join to his Dwelling-house in Dover street . The Stables are at the End of his Gardens, and the Prisoner got over the Wall into the Garden, and so into the Stables, where I was abed, and my Cloaths lying by me, he drest himself in them and was taken with them upon his Back, about Three o'Clock in the Morning.
Q. Which way did he get into the Stable?
Green. Thro' a Sash Window. I waked just as he had drest himself in my Cloaths, and cry'd - who's there! upon that he jump'd out at the Window; I open'd the Door and took him directly.
Another Witness confirmed the former Depositions.
I know nothing how it came about. I was looking for Work about Three o'Clock in the Morning and these Men took me.
C Yes, - they took you in that Man's Cloaths. Acquitted of the Burglary, guilty of the Felony .
Elizabeth Chapman . I keep a Cheesemonger's and Chandler's Shop . The Prisoner was a Customer, and she came on the 6th of September about Noon, under pretence of paying a small Matter that she owed me. She came boldly thro' the Shop into a little back Parlour, and the Spoon lying upon the Table, I put it into a little Cupboard in her Presence. My Husband and I were both in the Room, but while our Backs were turn'd to the Cupboard, she whipp'd the Spoon out. I heard the China rattle, so I went to look for the Spoon, - and 'twas gone. I charg'd her with taking it; she denyed it; so I got a Constable and carry'd her before Mr. De Veil, where it was found upon a Couch that she was sitting upon. Mr. De Veil had order'd her into a Room, to be stripp'd and searched, so she sat herself down and slipp'd the Spoon between her and the Couch, then she got up and call'd me a vile Jade, for says she, you have brought the Spoon with you and have put it here your self.
Q. Why did not you search her before?
Chapman. She would not be searched without a Constable.
Q. Upon your Oath, - did you put it under her?
Chapman. Upon my Oath I did not.
Mrs Victor. When the Prisoner was brought before my Master, she deny'd the Fact; the People were positive she must have taken it, so I was ordered to take her into a back Parlour and search her; while I was putting a Blind before the Window, she sat herself down on a Couch, and I saw her take something out and put it under her; we look'd under her and found the Spoon.
Prisoner. I don't know what to say to it, I am sure I never touch'd it; indeed I was very much fuddl'd, but I don't know that I meddl'd with it.
C. This Gin is made a common Excuse for Felony.
The Constable confirm'd what the former Witness had said.
A Witness, (the Prisoner's Father.) The Prisoner several Times has behav'd as if she was Lunatick, and that very Morning the Fact was committed, I believe she was drunk. Guilty .
Abraham Castle. I charge the Prisoner with stealing about 40 lbs. of Lead from my Stable We found him sitting in St. Ann's-Court with a Parcel of it under him, while his Companion Reeves was selling the rest at an Ironmonger's over the Way in Dean-Street. The Prisoner was taken with this Lead in his Possession, and he impeach'd Reeves.
Daniel Bumpstead . On the first of August we miss'd about a third Part of the Lead from the Gutter over my Master's Stables, and about a Week after one Dyos, a Carver, told us he had taken a Man with a Quantity of Lead in his Custody; I went to St. Ann's Round House, and saw the Prisoner; from thence he was carried before Mr. Justice Deveil. The Lead we found all belonged to Mr. Castle, and the Prisoner told us he had it from Reeves, and directed us to Reeves's Cellar, where we might find more. We went accordingly, and found several Pieces more; and upon comparing it with the rest that was left upon the Gutter, it tally'd so exactly, that I am sure nothing but the Knife parted it. The Prisoner was pretty open in his Confession; he owned that he helped Reeves up to the Top of the Stable, and received the Lead from him. Guilty .
66. Thomas Wallis , of St. Ann's Middlesex , was indicted for stealing a Holland Shirt, value 2 s. 6 d. a Muslin Handkerchief value 2 s. 6 d. and a Leather Pocket, value 6 d. the Goods of John Hone , Aug. 15 . Guilty .
Stephen Finney . Burge's Wife the Day she was robb'd fetched me to her House, and charged the Prisoner before me, with robbing her of two Handkerchiefs; she owned the Fact, and told us she had sold them for 2 s. to a Man and his Wife in Montague-Court. We went to these People, but they would not return them unless we would repay them the two Shillings which they had given for them. However, the Man came with us to the Prisoner, and d - n d her for a Bitch; and the Prisoner told him in our Hearing, he had had enough of her already, - and what he had received from her was sufficient to nail her.
Prisoner. I sold the Handkerchiefs to this Mr. Hare's Wife; she gave me 18 d. and the Husband gave me 6 d. they told me if I would bring them twenty, they would buy them; I think they are as much to blame as I am, and ought to be sent away along with me. Guilty .
68. Mary Nelson , of St. Martin's-in the-Fields , was indicted for assaulting Elizabeth Fewteret on the King's Highway, putting her in Fear, &c. and taking from her a Suit of Headcloaths, value 2 s. August 26 . Acquitted .
70. William Ethrington , was indicted for breaking and entering the Dwelling House of John Wright , about the Hour of 2 in the Night, and stealing a Copper Saucepan value 3 s. a Brass Saucepan value 4 s. and five Pewter Plates value 2 s. 6 d. July 6 . And
73. Sarah Fulcher , of St. Mary Whitechapel , was indicted for privately stealing a Hat, val 6 d. a Peruke, val. 2 s. a silk Handkerchief; val. 2 s. and 13 s. 6 d, in Money, from the Person of Peter Matthews , August, 28 .
The Prosecutor being several Times call'd, and not appearing the Prisoner was Discharged , and the Court order'd the Recognizances to be Estreated.
They were a second Time indicted for breaking and entering the dwelling House of Joseph Cook , between the Hours of 7 and 8 at Night, and stealing 3 pair of Mens Shoes, val. 9 s. two pair of Clogs, val. 5 s. 3 pair of Boy's Shoes, val. 5 s. 1 pair of Slippers, val. 3 s. a pair of Women's Cloth Shoes, val. 2 s. a pair of leather Shoes, val. 2 s. 4 pair of Girls Shoes, val. 6 s. and 14 pair of leather Pumps, val. 6 s. August 3 .
The Prisoner's being taken with the Goods upon them, offering them to Sale in the Neighbourhood; the Jury found them Guilty of Felony on both Indictments, but Acquitted them of the Burglary upon the second .
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death, 7.
Burnt in the Hand, 4.
To be Transported, 30.
Joseph Gillum , Matthew Jones , Jane Hatker , Ann Rice , Francis Marlborough , Eleanor Adams , Eliz Campbell , William Kitchinman , Ann Reed , Hannah Donolly , James Fitzgerald , William Edward , Sarah Laundress , Richard Hill , John Strutt , John Walker , Peter Simmonds , Mary Purney , Sen. Mary Purney , jun. James Macdonald , Charles Collins , Mary Hindmarsh , Eliz Archer , George Monk , Thomas Wallis , Sarah Overs , Ann Smith , Eleanor Clark , Robert Jessup , and Charles Parrot .