WEDNESDAY the 12th, THURSDAY the 13th, FRIDAY the 14th, and SATURDAY the 15th of OCTOBER,
In the 11th Year of His MAJESTY'S Reign.
Eighth 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.
Sessions of the Peace, and Oyer and Terminer,
For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN THOMPSON , Knt. Lord-Mayor of the City of London; Mr. Justice DENTON, Mr. Serjeant URLIN, Deputy Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
2. He was a second Time indicted with Robert Ayres , for stealing 1 Barrel of Currants, qt. 100 wt. value 30 s. the Goods of William and Anthony Merry , in the abovesaid Parish, Sept. 19 . Both Guilty, 10 d .
3. Sarah Allen , was indicted, for that she Oct. 6 . being big with a certain Male Child, in the Dwelling House of John Fryar , in the Parish of St. Gile's in the Fields, the said Child she did bring forth alive, which Child so born, was a Bastard by the Laws of this Realm; and she not having God before her Eyes, &c. - on the said Bastard Child as soon as it was born, did make an Assault, and being in a certain Garret three Stories high, with both her Hands, she the aforesaid Bastard Child did cast and throw down from the Window, to and against a certain Stone Pavement in the Street, giving it, by such casting and throwing down, a mortal Bruise on the back part of the Head, of which it instantly died .
She was a 2d Time indicted by Vertue of the Coroner's Inquisition for the said Murder.
Eliz Scott . Last Thursday Morning I was coming down Holborn about 6 o'Clock, and between the Bull and Gate and Great Turnstile, I saw something lie in the Kennel, which surprized me. I call'd to my Partner, - Lord, Betty (says I) come hither! when we came to look at it, we found it was a new born Child; - it lay in the Kennel, just against Mr. Fryar the Baker's Door. We took it up, and found it was dead, so we laid it on a Bulk two Doors from Mr. Fryar's, and being very much 'frighted, I went to Mr. Birkhead's over the Way for a pint of Purl, while I was drinking the Purl, News came that the Mother of the Child was found. I ran out, and found the Child had been brought into Mr. Fryar's House, he bid me be easy, but I said, I would not stir from the Door till the Constable was fetch'd; then I went up to see the Child again, and I found the Prisoner in Bed, and the Child in the Room with her, - in a Garret up 3 pair of Stairs. I asked the Prisoner, how she could be so barbarous to
Q. Did she own it to be her Child?
Scott. I can't say whether I asked her if it was her Child or no; she only said, - the Lord knows.
Eliz White . I was going to the New Market with my Partner, and she call'd me to look at something that lay in the Kennel. We soon saw 'twas a Child; so I took hold of the Head, and she - of the Heels, and we laid it upon a Cork-cutters Bulk, 2 Doors below Mr. Fryar's. A Woman that was by, gave us a Piece of Sacking, and we cover'd 'it with that, - for it was stark naked. Then we went to Mr. Birkhead's for a Pint of Purl, and while we were there, we heard that the Mother was found, and that the Child was carried away.
Sarah Lack . I lodge in Mr. Fryar's House, but I never saw the Prisoner from the Time she came to our House, 'till the Morning the Accident happen'd. My Husband hearing a Noise, look'd out of the Window, and seeing something in the Kennel, he told me, he feared something was amiss, and desired me to go up Stairs. I went' up, and rapp'd at the Door, it was lock'd, and no Body answer'd: Upon this, I went to her Aunts Room, (one Mrs. Woolham) and told her she must get up, for I feared something was amiss with her Kinswoman. I told her, I was frighted out of my Wits, for there was a Child found in the Street, and I was afraid it was her Kinswoman Sarah's. We went up together to the Prisoner's Garret, and knock'd at the Door, the Aunt call'd to her, and bid her open the Door; and as she stood at the outside of the Door, she asked her, - how it was with her now? The Prisoner said, she was pure, to what she had been, and then she opened it. As soon as I came in, I saw something unusual on the Floor, upon which I ran to her, - with my Hands so, - and cry'd, O Lord, Sarah, - what have you done! This must be your Child, and you have thrown it out of the Window She made a very silly Answer, - it is so, or it must be so, or something to that Effect; but I was so frighted, that I can't remember the particular Words, and the People flock'd up Stairs so fast, that I could hear no more. There was a Bed in the Room, but I did not examine it. I remember I asked her who got the Child? And she told me 'twas Horatio Walpole's under Coachman's, who goes by the Name of Black Will .
Mary Giles , Midwife. I live next Door to Mr. Fryar's, about 6 o'Clock the Morning the Accident happened, I heard a Noise in the Street, so I got out of Bed and look'd out of the Window, I saw a couple of Women in the Street, in a great Flurry of Spirits about a Child. I thought it was only a Child that had been dropp'd, so I went to Bed again, and slept 'till about 8 o'Clock; then I was called up by the Mob, and I went (without my Stockings) to the Prisoner's Garret, there I beheld a Male Child, lying upon the Table; and I imagine it wanted about a Fortnight or 3 Weeks of its Time. There was a small Bruise on the left Side of the Head. When I had view'd the Child, I went to the Prisoner, - and oh you wicked Creature, says I, how could you do this wicked Deed to the Body of your Body, and Flesh of your Flesh? She said, she did not know what she did, or something to that Purpose. I laid her in Order, &c. - and said, - come, if she has been wicked don't let us be so too, let her have something warm; but Hussy, says I to her, how could you do this? this Child I am sure was born alive; she said, yes it was I asked her if it cryed? she said yes Then I went away, because the People said, I must not touch her 'till the Coroner came.
William Brumfield , Surgeon. I was sent for to examine the Child, I found a large Bruise on the back Part of the Head, which we call the Os Occipitis. The Scull was not fractured, and the Reason it was not I think is this; that in a Subject to young, the Bones are of too fine a Texture to break. I took off the Cranium, and found a large quantity of Blood upon the Brain, which I suppose was occasioned by the Fall. There was likewise a great deal of Blood in the Belly and Breast, which proceeded from the Rupture of some Blood Vessel, and these Things were the Occasion of its Death. I try'd the Experiment of the Lungs in Water, (which I take to be very certain) and they floated; this in my Opinion, was a sure Sign that the Child had breath'd; for if it had not, they would have subsided in the Water.
Jane Raikes . The Prisoner complain'd of the Cholic the Tuesday Night before this happen'd, and I carried her up some burnt Gin. On Wednesday Morning I went up to her again, and found her Aunt with her, she said she was still very ill of the Cholic, and the next Morning the Child was found in the Street. Upon this I went up to her Garret, and found it in great Disorder, there were Signs of a Womans having been deliver'd, and the People told her, that it was her Child;Horatio Walpole 's under Coachman was the Father; and that was all I heard.
A Witness. The Prisoner always was a silly, giggling Creature -
C. You must be sworn, if you have any Thing to say.
Witness. As to swearing - I will swear any thing - of that Matter - but my Lord, I have known her ten or a dozen Years; she was not so silly neither, but she was capable of Business. I know she liv'd two Years, or two Years and a half, with Mr. Howard, that belongs to the Crown-Office, and always was a giggling, silly, empty Creature.
The Prisoner in her Defence had nothing material to offer, only that she was out of her Senses when she committed this Fact.
The Jury found her Guilty . Death .
4, 5 Thomas Car , of London, Gent. and Elizabeth Adams , of London, Spinster, were indicted for assaulting William Quarrington , in the House of Mary Prevost , Widow, in the Parish of St. Dunstan's in the West, putting him in corporal Fear and Danger of his Life, and taking from him a gold Ring, set with five Diamonds, val. 6 l. 93 Guineas, and 8 s. in Silver , Sept. 10 .
William Quarrington On the 9th of September, I went to the Bank, and received 100 l. and after calling at several Places, I went to Mr. Daxon, who lives in Forestreet, by Cripplegate; with him I went to the Three Mariners, in the same Street, and staid there 'till about 5 or 6 in the Evening. Then I went into Southwark, to speak to a Friend; he was not at Home, so I waited 'till about 9 for his coming in. Then I came over the Bridge, in Order to go Home, and as I pass'd up Fleet Street, by Temple bar, I met a common Woman in the Street (not the Woman at the Bar) and she asked me to give her a Glass of Wine. I consented, and we went to the Angel and Crown, at the Corner of Sheer-lane , close by Temple-bar. The Drawer shew'd us into a Room, up one Pair of Stairs, and a Bottle of Red Port being brought us he departed. We sat together about half an Hour, and then the Drawer came into the Room, and told me, he had peeped thro' the Key-hole, and that the Woman was picking my Pocket. I found there had been a Pique, or a Quarrel between the Woman and him; but upon his telling me, he knew her to be a Pick-pocket, I was a little uneasy. He insisted upon it, that he had seen her pick my Pocket, tho' I was very sure she had not. Then he desired to know, if I had any Money about me, and wish'd I would tell it over, to see if I had lost any. At his Request, I was so foolish and ignorant, as to tell 93 Guineas, and about 20 Shillings over, before the Drawer and the Woman; and I told them, I had lost nothing. Notwithstanding this, Words arose between the Drawer and the Woman, and he turn'd her down Stairs. She was no sooner gone, but the Drawer return'd into the Room, with Mrs. Prevost, and the Prisoner Elizabeth Adams ; and Mrs. Adams desired me to stay in the House, 'till the Woman was quite gone; and told me, it was a happy Thing, that I had lost none of my Money; for the Woman that came in with me, was a common Street-walker, and a Strumpet of the Town. Three or four Minutes after this, I went down Stairs, intending to go Home; but as I was going away, the Prisoner Car, stood at the Kitchen-door, and beckon'd to me. I went to him, and he told me - Sir, you was with a common Strumpet and Pick-pocket; and he desired to know, if I had lost any Money; telling me, if I had - the Gentlewoman of the House would come into Scandal, and would be blam'd. He appearing like a Gentleman, with a silver-lac'd Waistcoat, I thought he would use me like a Gentleman; so at his Request I went into the Kitchen. There were He (Mr. Car) the Prisoner Adams, Mrs. Prevost, the two Drawers, and another Man and a Woman, all in the Kitchen - three Women and four Men in all, besides myself. They desired me to do it - and I did tell out the Money which I had told over before, and inform'd them, I had lost nothing. Mr. Car said, he was very glad I had not, and call'd for a Bottle of Wine to treat me -
Q. Did you know him before?
Quarrington. No: I never saw him before, in my Life - but it was at his Request, that I told over my Money in the Kitchen, and he insisted upon treating me, telling me, it should not be at my Expence. I (thinking myself very safe) sat down, and drank Part of his Bottle of Wine, and when that Bottle was out, I called for another, in Answer to Mr. Car's Bottle. When this Bottle was drank out, we had another, and he and I were to club our Shillings a-piece for it 'Twas at Mr. Car's Request, I staid all this while: For he told me, it would be dangerous for me to go out, before the Woman was quite gone - she might (he said) set some-body upon me, to rob me, or knock me down, or carry me away to another House; therefore he desired me to stay: Tho' the Woman was out of the House, yet (he said) she might stand about the Door, to watch for my coming out. It was between one and two
Q. Was Mrs. Prevost, and Mrs. Adams (the Prisoner) present?
Quarrington. Yes: I was resolved to cry out, when they threw me down, but Mrs. Adams (the Prisoner) stopped my Mouth with an Handkerchief. Mrs. Prevost held one of my Legs, while Car took the Money out of my Pocket. After this, they said, I seem'd to be very much surpriz'd; so Mr. Car order'd the Drawer to go down for a Couple of Bottles of Wine. When the Wine came up, they fill'd a Glass, which I believe was a full Pint-glass, and with bitter Oaths and Imprecations, they forced me to drink it off. Then they fill'd another, and made me drink that. And a third was fill'd, which I drank half off, and then could not get down any more. Two Glasses and a half they forced me to drink - (the two first of which were filled up to the Brim) then I told them, if they kill'd me, I could not drink any more, upon which they undress'd me, and forced me into Bed, and left me, swearing, that if I made the least Noise, they would come and cut my Throat, to prevent my telling Tales. These (as near as I can remember) are the very Words they made use of.
I lay very uneasy 'till about 9 or 10 the next Morning, fearing, if I stirr'd, my Life would be taken away; and then hearing People go backward and forward in the Streets, I ventur'd to dress myself; then I crept down Stairs, and stole out of the House unobserv'd. I immediately went to Sir William Billers for a Warrant for these People, but he not being in Town, I return'd as fast as I could, to the Constable of the Parish, and thought to have taken them up without a Warrant; but he did not Care to do that. Then remembering I had heard Car's Name mention'd in the Company, I enquired for one Car an Attorney , and a Porter at the Middle-temple, told me, there was one Car liv'd in Elm court: I found out his Chambers, and asked the young Fellow, that goes for his Clerk, if Mr. Car was within? He said, No. I asked him when he would be at Home? He could not inform me. I enquir'd if he was out of Town? He could not tell whether he was or not.
Q. Did you never see the Prisoner Car before?
Quarrington. No; nor Mrs. Adams neither; but I am sure they are the very Persons that did what I have related.
One Thing (my Lord) I have forgot - Mr. Bird, Sir William's Clerk, advised me to go to Mr. Jones, thinking he might assist me in getting my Money again; and I went to his House, but he was not at Home. I have no more to say, but that I have sworn the Truth, and nothing but the Truth.
Q. How were the Prisoners apprehended?
Quarrington. Mr. Car was apprehended first, at his Chambers, and he gave Directions where we might find Adams and Prevost, but Prevost was fled.
Q. Were the Directions right, which he gave you?
Quarrington. I did not go with the Constable to find them. He and Mr. Jones's Man, upon Car's Information, found out, and took Adams.
Councel. How long was you in Company with the Woman you first brought into the House?
Quarrington. About half an Hour.
Counc. Did you go immediately to this House, after you pick'd her up?
Councel You had been at the Alehouse before, and I suppose, had drank a good many Pots of Beer; how much might you have drank before you came to the Angel?
Quarrington. About three Pints of Beer, to my own Share, I believe.
Counc. But then you say, you had a Bottle of Wine with the first Woman?
Quarrington. Yes; but I did not drink one Glass of it. In such Houses, 'tis usual to call for something. I drank none of the Wine; and as for the Woman, I know nothing of her, any farther than by Conversation.
Counc. But you drank liberally below Stairs?
Quarrington. No; I did not - Car treated me with a Bottle -
Councel. And you genteely call'd for another, and then there was a third, and a fourth?
Quarrington. No, Sir: There was no more than the third, and that we join'd for.
Counc. Was you sober?
Quarrington. I can't say I was sober, nor was I so far in Liquor, but I knew every Thing that pass'd
Counc. Then you was half Seas over?
Quarrington Yes: as you call it.
Counc. So after you had drank this Wine, they all of them waited upon you to Bed?
Quarrington. They did so, Sir: And when they had got me up Stairs, they robb'd me.
Counc. And will you stand to that, Sir?
Quarrington. Yes. As I am on my Oath before the Great GOD, I say nothing that is untrue. I have no Interest in prosecuting the Prisoners.
Counc. I think you say, you crept unobserv'd out of the House, the next Morning?
Quarrington. Yes; I saw Prevost and Adams in the Kitchen, but I ran out of Doors.
Counc. And did you alarm the Neighbours when you got out?
Quarrington. I went to Sir William Billers as fast as I could, but I did not speak to the Neighbours. I did not well know which Way to proceed.
Counc. Did not Mrs. Prevost and Mrs. Adams offer to stop you, when you ran out?
Quarrington. No, I crept down Stairs, and ran out directly to Sir William Billers: When I return'd, they were gone, and the Doors were shut up. The House was shut up about half an Hour after I got out.
Counc. Are you sure of that?
Quarrington. I will not swear exactly to the Time; but 'twas shut up in the Time of my going to, and returning from Sir William's, and Mr. Jones's.
Counc. What Account did you give to Mrs. Jones?
Quarrington. I was not very Particular in my Account to her, nor did I mention Mr. Car's Name to her. What signified my mentioning the Particulars to a Woman?
Jury. We desire his Lordship would please to ask the Questions that are proper, and that the Man may not be interrupted.
Car. When the Woman you picked-up was turned down Stairs, and you follow'd, you say I beckon'd to you. Pray, in what Position was I when you saw me?
Quarrington. He was standing at the Kitchen-door, and he beckoned me in.
Car. Who did you see at my Chambers beside my Clerk?
Quarrington. I saw a Woman washing a Room, but I don't know who she was.
Car. What Name did you go by, that Night?
Quarrington. I never mention'd what my Name was.
Car. What did you declare to my Clerk, and to the Woman you saw in my Chambers?
Quarrington. I said I had been robb'd, and then I went down Stairs, and said nothing farther. I did not mention who had robb'd me.
Car. What Declaration did you make to the Constable that you went to first?
Quarrington. I told him what Money I had been robb'd of; I mention'd my Ring, and I desired him to go to the House and take up the People. I told him likewise, that I had found out an Attorney of the Temple, who was concern'd.
Car. What Time did you go to that Constable?
Quarrington. The next Day, about 12 at Noon! and I told him I had found where you might be taken; but as the Constable did not approve of taking you without a Warrant, I did not then tell him the whole of the Story.
Car. What did my Man say when you came to take me?
Quarrington. I asked him if you was within, he did not speak in a Minute or two, seeing the Constable; but you happened to open a Door in another Room, I perceived you, and said, there's the Man that robb'd me; you was frighted, as your Conscience pleaded guilty, - you knew it to be too true.
Quarrington. No; I saw Prevost and Adams in the Kitchen, but I did not speak to them.
Car. And did you see nobody but Prevost and Adams in the Kitchen?
Quarrington. Yes; another Woman that was there the Night before, and she was crying out, - or was very sorrowful about something.
Prisoner Adams. Did not you come into the Kitchen for your Hat and Cane?
Quarrington. No; nor did I speak to you or any one else.
Car. Why did not you call out of the Windows?
Quarrington. I was frighted with your Threats and the Drawer's, and I thought if I stirr'd, I should have my Throat cut. - I durst not stir.
Q. Did you sleep any Part of the Night?
Quarrington. I believe I slept about Half an Hour.
Car. Did you eat nothing in the Kitchen that Night?
Quarrington. Yes, some cold Lamb, and I cut my Finger I remember; and I remember that you call'd Mrs. Adams your Dear Betsy, and she call'd you her Dear Tommy.
Adams. Did not the Woman you brought in, rob you of 15 Guineas and a Half?
Quarrington. No; she robbed me of nothing.
Adams. Did not you offer to spend a Guinea in the House, and to give the Drawers Money for taking care of you?
Quarrington. I did give the Drawer a Shilling that was so officious as to tell me the Woman was picking my Pocket.
Adams. Was not you so drunk that the Drawer carried you up Stairs upon his Back?
Quarrington. No; I walked up myself; nobody assisted me.
Adams. It signifies nothing to ask him any more Questions, - he denies them all.
Car. Why did not you indict Mrs. Prevost and the Drawers?
Quarrington. Because I was told it signified nothing to indict them, unless they had been in Custody.
Car. Did you give the same Account in your Information, that you have done now?
Quarrington. The Truth will never err: I think I gave the same Account in that, as I have done now.
William Stamper . I settled an Affair with the Prosecutor a Night, or a Night or two, before he was robb'd, and he invited me to come and dine with him the next Sunday; I went, and he told me he had met with a great Misfortune, and confess'd he had pick'd up a Woman, and had carried her to the Angel. He told me that she was soon turned out of the House, but that he had been robb'd by several People, mentioning no Names. I told That Angel was the worst Angel within the Walls of the City, except the Angel in Bishopsgate street, - they're both Angels. He informed me that he had lost 93 Guineas and a Diamond Ring worth 8 l.
Q. Did he say he was robb'd by the first Woman?
Stamper. No; he said she was turned out of the House, because she was not one of Mother Prevost's Does. He gave me no Account then of the Robbery, but afterwards he digested every Thing into an Affidavit before Sir William Billers. On the Monday after the Robbery, he came and told me that one Car, of the Temple, was one of the Persons that had robbed him. I said, I remembered a Person of that Name, whom I knew some Years ago; and when Car was brought to Alderman Billers's Office, my Curiosity led me to go to see him. I found him telling the Story to Mr. Bird, and that it was the same Person I had formerly known in Bridges street. The Prisoner Car knew me, and told me, that the Prosecutor, disguis'd in Liquor, brought a Woman into the Angel, whom he knew to be a common Pick-pocket; that she was turned out of the House, and that he, Car himself, bid him examine his Pockets; upon which the Prosecutor (he said) pulled out 93 Guineas. Car told me he saw the 93 Guineas, and that the Prosecutor returned him many Thanks for his Care, and desired him to accept of a Bottle of Wine, which he did; and then (he said) they had another, which made the Prosecutor so drunk, that he was carried upon a young Fellow's Shoulders to Bed. This was the Story that Car told me at Sir William Biller's Office.
Q. Do you know the Prosecutor?
Stamper. I have known him a Year, during which Time I never heard any Harm of him. He lives upon his Means, having married a Woman of some Fortune.
Francis Lane, Constable. He gave exactly the same Account with Mr. Stamper; that Mr. Car own'd he called the Prosecutor into the Kitchen, that he advised him to tell his Money over, and that he saw him pull out 80 Guineas which were
Car. Did not I order my Laundress to go with you to the Place where Mrs. Adams might be found?
Quarrington. Yes; and she went with us, and enquired for her. When she appeared we took her, and she immediately cry'd out, Oh! you are a base Jade for detecting me - no one knew where to find me but you.
Adams. To the Constable. Did not you leave me in the Street while you went into a Cook's-Shop for a Dram of Gin?
Constable. No; my Lord, she was never out of my Sight, - nor did I go any where for a Dram of Gin.
Car. Might not I have escaped?
Constable. No, I believe not; I took care that you should not.
Adams. My Lord, I don't see that 'tis to any Purpose to ask them any more Questions, when they deny all.
Mr. Deveil. Some few Days ago, - I can't exactly recollect the Time, - Mr. Quarrington apply'd to me for a Warrant to take up the Persons that are untaken; and he told me this Story exactly agreeable to the Evidence he has now given. I have known him and his Parents a great while; I never heard any Harm of him in my Life; I believe him to be an honest Man, and have heard he has married a Woman of a good Fortune, but his Life and Conversation since his Marriage, I know very little of.
Mr. Car. Mrs. Prevost is the Widow of one Prevost, who was Master of the King's Seal Office in the King's-Bench and Common Pleas, and I thought my Acquaintance with her not degrading. I did Business for her as an Attorney, and was spoke to by Mr. Stevens, an Officer, to attend her this Night; Mr. Salt can inform the Court what my Business was, and he likewise knows the Reason of my being in the Kitchen that very Night. I shall prove that I was at Home, and in Bed in my Chambers in the Temple, by One o'Clock, before the Temple Watchmen went One o'Clock. I will prove, that next Morning Mrs. Prevost sent for me, and that I met Mr. Salt afterwards at Hick's Hall; that the Prosecutor told my Clerk how he was robb'd, and promis'd to reward him if he would help him to find out the People of the House. I was angry when I heard the Prosecutor had been to enquire for me, that they did not ask him where he liv'd. On the 12th of September one John Andrews , a Joiner or a Carpenter, - a Man of an evil Fame, - the Man that made Rudkins's Will, he came to me and told me, that a School-fellow of his had been robb'd of 93 Guineas at the Angel, and if I did not find out the Persons before the Money was all spent, the Man would swear the Robbery against me; he said I must come down the Whole, - or the best Part of the Money. I told him I would endeavour to find out Mrs. Prevost and the Drawers, but the People had carried off all their Goods, and were gone off. The Man told me if I had no Money, I had good Books, and must make Money of them. I never kept out of the Way upon this Account; I was sent for to Hampstead upon Business, but I refused to go, because it should not be suspected that I kept out of the Way.
The Monday after the Robbery, two Gentlemen came from Greenwich, where I live in as much Reputation as any Man that practiseth the Law - in the whole Place, and when I told them I was to be sworn into a Robbery, they laughed at me.
The Wednesday following this Andrews came again, and I asked him to let me see the Gentleman; he said no, I should not. I told him I would advertise the People, and endeavour to take them up; but he told me that would signify nothing, and immediately he took a Sheet of Paper, and fell to writing, - This Deponent maketh Oath, - without setting down any Name; and what he then wrote was very different from what the Prosecutor has said now. It is very unlikely I should be concerned with Mrs. Prevost and Mrs. Adams, and 2 Irish Drawers, in executing a Robbery. I was so far from calling the Prosecutor into the Kitchen, that I sat with my Leg up in a Chair when he came in, and told us that he did not know how to make us all amends for coming into so honest a House.
Mr. Thomas Stevens deposed, That he informed Mr. Car that Mrs. Prevost desired him to call upon her for Instructions, in Order to his being employ'd in defending her at Hick's-Hall; an Information being there lodg'd against her, for keeping a disorderly House.
Mr. Salt deposed, That he was concerned in the Prosecution of Mrs. Prevost, for keeping a disorderly House, and that Mr. Car appear'd in her Defence, and he seem'd not to be under any Concern.
C. Mr. Car is not to be tried by his Looks, but by his Actions.
John Craster . Mr. Salt serv'd me with a Subpaena on Friday Night, for me to appear at Hicks's-Hall against Mrs. Prevost. She sent for me to her House that Night; and there I found Mr. Car and Mrs. Prevost, with some other Neighhours who were subpaena'd with me on the same Account. Mr. Car told us, that we need not obey the Sulpaana's, for they were not 1 gal ones. We left the House about 12 o'Clock that Night, and left Car behind us. There were Mr. Car, Mrs. Adams, and Mrs. Prevost, and one Mr. Spidel. I did not see Quarrington there.
Robert Thomlinson , gave an Account that he was sent by a Woman from the Angel to fetch Mr. Car, from his Chambers No. 4. in Elm-Court in the Temple. That when he returned to the Angel, he saw the Woman crying; that she bid him come again in 2 Hours for his Money, which he did, according to his Orders, but found the Doors all shut up, and that he never had any Thing for his Job.
Charus Phillipson . I am Clerk to Mr. Car. On Saturday the 10th of September, while my Master was at Hicks's-Hall attending Mrs. Prevost's Affair, the Prosecutor came to the Chambers to enquire for Mr. Car. I told him he was not at Home, he said he came about a Thing which would be of great Advantage; but he would not leave his Name, nor his Business: at last, he said he had been robb'd at the Angel, by the People of the House. Upon this, I called the Laundress, and he told her the same. He did not charge Mr. Car, nor mention his Name; he only in general, charged the People of the House, and desired to know if my Master could give any Intelligence of them. He told us likewise, that when he came down in the Morning, he acquainted them that he had been robb'd, and that he went out in Order to ask Advice of a Friend, but when he return'd, the House was shut up, and the People were fled.
Q. What Time did your Master come Home that Night?
Phillipson. To the best of my Knowledge, it was before the Watchman went One. At that Time he had a Leg in so much Hazard, that no Body could think him capable of taking a Man by the Collar and robbing him. He had 9 Holes in his Leg, and he could not walk up Stairs without resting himself. On Monday the 12th of Sept. one Andrews came to the Chambers to enquire for my Master, and he told me he came about one Wilson, and said, 'twas a sad Affair, and he was sorry for Mr. Car, but this Wilson was a School-fellow of his - a particular Friend, and had been robb'd, and if my Master did not compound and settle the Affair, it would be sworn upon him.
Q. How do you know this Andrews meant the Prosecutor, when he talked of Wilson?
Phillipson Because he mentioned the Angel, and I suppose there had not been 2 Robberies committed there.
Quarrington. My Lord, if I may speak, - this Andrews I know nothing of; I never saw him in my Life.
Q. Was this Andrews acquainted with your Master?
Phillipson. He was concerned with him sometime ago, in a Distress that was made at Wapping.
Martha Grainger , the Laundress. I have forgot the Day of the Month; but I remember 'twas on a Saturday about half an Hour after One, that the Prosecutor came to enquire for my Master; he happen'd not to be at Home. The Clerk ask'd him his Business, and he inform'd us, that he had been in my Master's Company at the Angel the Night before, and after Mr. Car was gone, he was robb'd of 93 Guineas and 11 s. in Silver, and of a Ring, which he valu'd at 8 Guineas; he did not say who robb'd him, but he told us that he lay there all Night, and got up in the Morning; that he came down Stairs and complain'd to the Woman of the House that he was robb'd, and then he said he went out to advise with a Friend; but when he return'd the House was shut up, and the People were all gone. He told us, he should be glad if Mr. Car could give him any Information of them, and where they were gone. He did not then pretend that my Master was concerned. I asked him if he suspected any Person in particular? And he told us no, he did not. I have look'd after Mr. Car's Chambers 8 Years.
Q. Are you marry'd?
Grainger. No, I was hir'd to do his Business.
Car. What Time was I a-bed that Night?
Grainger. Before the Watchman came One o'Clock. I was not a-bed when he came Home, he ordered me to get him a clean Shirt against Morning. At this Time he was lame, and had 9 Holes in his Leg.
C. But he could walk about.
Grainger. Yes, with his Garters unty'd, and he could not get up 2 pair of Stairs without resting. My Master was very angry because we did not ask the Prosecutor where he liv'd, and he told us, if he came again, he must see him. Accordingly when he came again, my Master was coming out of his Study, upon which the Prosecutor turn'd round, and brought in the Constable, and said, - there's your Prisoner.
Jane Lucas . I was Servant in the House when the Robbery was committed, I went to Bed that Night about 12, and I left in the Kitchen only my Mistress, the two Prisoners, and the two Drawers, - no Soul else was there.
Q. Why, was not the Prosecutor there?
Lucas. O! yes, the Man that lost his Money.
Q. Were not the Drawers in the Kitchen?
Lucas. No, Edwards and Travers, that we call'd Nat, were about the House, but not in the Kitchen. I heard no Noise all Night; but next Morning when I got up, I found the Street Door o'jar, I imagin'd the Drawers had forgot to shut it over Night, I rang the Bell to call them up, and my Mistress was in Bed, but she call'd to me to know the Reason why Nat was not come down, I went up to see what was become of them, and I found their Bed made, and that they had not been in Bed all Night. I came down and told Mrs Prevost of this, and she was 'frighted, - Lord, (says she) they have certainly kill'd the Man, run and call Adams, and see if the Man is safe. I went up, and found the Prosecutor snoaring in Bed, then I ran immediately to Mrs. Prevost, and told her the Man - snoar'd. Lord, (says she directly) we are all ruin'd - ruin'd, let me go and see what I am about. The Prosecutor presently came into the Kitchen, and he cried, - I am robb'd - I am robb'd - I am robb'd! - 3 Times in the Kitchen, - but he did not charge any Body, and away he went. Mrs. Prevost being very timerous and fearful, she went away too, - because she did not know where to go, nor what to do. Call Betty Adams - says she, - and let her be gone too, till we see whether we are safe.
Q. Was any one in the Kitchen beside your self when the Man said he was robb'd three Times?
Lucas. No, there was none but himself; for my Mistress was doing her Things up in the Bar, - she was so 'frighted.
Q. Why did not you say your Mistress was in Bed?
Lucas. Yes, Sir.
Q. Why, when did the Man come down and say he was robb'd?
Lucas. While we two were talking of it, - she in Bed; - but she got up. She laid in a little Room behind the Bar.
Q. But when the Man came into the Kitchen and said he was robb'd, - she was in some Confusion, and was for packing up her Things to be gone?
Lucas. Yes, Sir. And indeed I tell the Truth of the Thing, - was it for K - G - I would not tell a Lye to d - n my Soul.
Q. What were the Words she made use of when she heard the Man say he was robb'd?
Lucas. I can't tell whether she heard the Man say he was robb'd, or no
Q. Why, you say, she cry'd out she was ruin'd, - and undone?
Lucas. Yes, Sir, - but that was before the Man came down, and she bid me lock up the Doors, till - Things were put in Order.
Adams Prisoner. Why did not the Man come into the Kitchen for his Hat and his Cane? - And did he not speak to me at the same Time?
Lucas. I can't swear whether Mrs. Adams was there or not.
C. You said there was none but you in the Kitchen when the Man came down Stairs?
Lucas. Sir, I was busy a dressing my Mistress, - I was busy with her in her Room, and she sent me to call Mrs. Adams.
C. To give her Notice to go off, - was it not?
Lucas. Yes, - Sir.
Joseph Allen . All I know of the Matter is this. This Creature (Lucas) liv'd with me about 6 Months, and I believe her to be an honest, harmless Creature. I sent a Porter to Mr. Car in Newgate, to let him know she had liv'd with me. I know Mr. Car, and have employ'd him and paid him, - I know no Harm of him - not I.
Eliz Bristow . I live over the Way and sell Greens: on that Saturday Morning, - I think 'twas last Saturday was three Weeks, I heard a great Mourning, between 8 and 9 in the Morning, - and I heard a Man say, - Oh! - Oh! - Oh! - I am undone! - What shall I do! Give me my Money and my Ring! And another Voice said, - what would you have me do, I can do nothing 'till they come; then I lost the Voice, and presently the House was shut up.
Dr. Lilly. I have known the Prisoner Car some Years, he was well born and educated, but I have had no great Acquaintance with him. I thought him too well educated to have been guilty of such a Fact, I always thought him an honest Man.
Mrs. Jones. The Gentleman that lost his Money, came to enquire for Mr. Jones, by Mr. Bird's Direction. He said he had been at the Angel, the last Night, and had been robb'd of 70 Guineas, some Silver, and his Watch and Ring. The Woman of the House he said took his Money; - he nam'd none else.
John Bundey may be called; he heard Quarrington's first Complaint.
Bundey. I know nothing of the Matter, only I heard Quarrington tell Mr. Gold ( a Constable ) that he had been at the Angel, - all Night, - I think, and Mr. Car (he said) was up Stairs with him. He came to Mr. Gold to take Charge of him, for he said that Car had robbed him of 93 Guineas, eight or ten Shillings in Silver, and a Diamond Ring.
Mr. Justice Poulson, William Trigg , Joseph White , Thomas Hitchings , James Alder , Andrew Thompson , William and Peter Hack , Charles Bailey , Edward Mabert , and - Pardoe, always took the Prisoner Car to be an honest Man, and never heard any Thing like this of him before.
Adams. I have no Witnesses, for Mr. Mabson told me the Matter was made up.
Bartholomew Smith . Mabson, I believe, had told Mrs. Adams that the Affair would be made up, for I went to her in Newgate last Tuesday, and she told me she should have no Occasion to trouble her Friends, for Mabson had been with her. Mr. Quarrington was at the Coffee-House with Mabson, and Mabson asked him what he intended to do? He reply'd, he would do nothing without his Attorney.
The Jury found both the Prisoners Guilty .
6, 7. Charlotte Gregg , (a little Girl ) and Elizabeth Douglas , (her Mother) were indicted for stealing a leather Bag, val. 1 d, a thirty-six Shilling piece of Gold, 17 Guineas, 3 half Guineas, and 5 Shillings in Silver, the Property of Ann Howell in her dwelling House , in the Parish of St. Ann's, Westminster, October 8 .
Ann Howell . The Prisoners lodged in my House, at the Black-Horse, in Earls-Court in Cranbourn-Alley . The Money mention'd in the Indictment, was lost out of a Desk, in my own Chamber, up one pair of Stairs.
Q. Was your Desk lock'd?
Howell. I turned the Key myself, - I thought it lock'd When my Money was gone I suspected the Prisoners, because they fell out last Saturday Night with another of my Lodgers, and in the Quarrel they taxed one another with pawning my Goods which they used in the Rooms. In the Dispute between them I heard that the Prisoner had pawned my Sheets of their Bed, to pay me for their Lodging. This gave me some Suspicion, and I got a Warrant to search the House of Mrs. Cooper in Castle street, by the Meuse where I knew the Prisoners frequented; there I found a Trunk with my Leather Bag, and 16 Guineas, a 36 Shilling Piece, three Half Guineas, and two Half Crowns in it. - There was only one Guinea wanting.
Margaret Cooper . Charlotte Gregg brought this Trunk to my House new and empty, and told me that her Landlady was going off, and so she would bring away some odd Things to put into it. I asked her where she got the Money to buy this Trunk, and she told me that a Friend had lent her a Guinea. She came two or three Times and said she had brought some little Things, - as Wristbands and Borders, to put into it: she always lock'd it, and I never saw what was in it. When the Officer came with the Search-Warrant, I saw the Trunk opened, and the Money poured out of this very bag, and 'twas wrapped up in this old Rag. I did not tell the Money over, but I remember I saw the Broad Piece of Gold and the Silver. On Saturday the Mother came to the House to see the Trunk, but I can't say whether she opened it or not; the Daughter was then with her, and I left them together in the Room.
Thomas Pow , Constable. Mrs. Howell brought me two Warrants, one to take the Prisoner, and the other was a Search-Warrant. Mrs. Howell's Maid bid me go and search Cooper's Lodgings, for she had seen them all whispering together. We went, and found this Trunk hid behind the Bed. Mrs. Howell immediately knew the Bag, and the Money (sixteen Guineas, three Half Guineas, a 36 Shilling Piece, and two Half Crowns) were found in it. I should have carried Mrs. Cooper before Mr. Deveil, but I only took the two Prisoners, and Gregg (the little one) owned the Fact before him, but her Mother (she said) knew nothing of the Matter. The Mother said she did not know when her Daughter took the Money, but she knew of it after it was taken, and would have convey'd it into the Place from whence it was taken if it had been possible, but as it was not, she said if she could get 6 d. she would have been let Blood, and then would have bled to Death.
Prisoner, Douglas. I never knew the Child had taken the Money, till the Monday that Mrs. Howell miss'd it.
Prisoner, Gregg. Mrs. Howell herself was the first Person that made me think of stealing the Money; for my Mother owing her some Rent, she bid me one Night when I went out, before to bring her some Money, - no Matter how I
Douglas, the Mother. I am sure I never saw a Farthing of the Money, 'till I saw it before the Justice.
Mrs. Howell. The Mother says, she never saw the Money - why she gave me half a Guinea of my own Money to change. I believe it was Part of my own Money, because they had not a Penny to buy them a Role or Cheese, before I lost my Bag; and the Mother told me, she had borrow'd that half Guinea of Mrs. Cooper.
Mrs. Cooper. She borrow'd none of me.
Mrs. Howell. After they had got my Money, the Mother bought her Girl a new Pair of Stockings and Shoes, and they had a good Loin of Pork for Dinner besides - and that Way went one of my half Guineas.
Douglas Acquitted . Gregg Guilty . Death .
8. Alexander Ratcliffe , was indicted for breaking and entering the Dwelling-house of Thomas Gibson , in the Parish of St. James's Clerkenwell , about the Hour of Two in the Night, and stealing a silver Watch, val. 4 l. a silver Porringer, val. 30 s. a silver Cup, val. 3 l. a silver Spoon, val. 10 s. and a Pair of silk Stockings, val. 10 s . March 26. 1735 .
Mr. Gibson. The Prisoner was taken on the Information of an Accomplice, who was concern'd with him in robbing me. On the 25th of March 1735, about One o'Clock in the Morning, my Servant called me up to assist him in my Business, and about Two I sent him into the Yard for the Scovel, to sweep the Oven. He had not gone far from the Bake-house Door, before I heard him cry out. I suspected what was the Matter, so I whipp'd up a Pole, and ran to assist him: But before I got to the Door, I saw a Man with a Pistol in his Hand: He fired it at me, and wounded me in the Breast, and in the Arm, in a desperate Manner. The Rogue stood within the Bake-house. The first Pistol was no sooner fired, but a second came full in my Face, and beat me down: They were loaded with Bird shot, several of which I have now in my Body. When I was on the Ground, three Men came and took me up in their Arms, and unbottoning the Waistband of my Breeches, they took what Money I had, out of my Pockets - I believe there might be between ten and twenty Shillings. When they had done, they laid me down on the Ground, and brought my Servant in (whom they had seized in the Yard) and made him direct them, where they might have Candles to search the House; then they ty'd his Hands behind him, and a Handkerchief over his Eyes, and led him to several Places in the House, where the Things were, which they wanted; and when they had done with him, they brought him to the Oven's Mouth, where I lay on the Ground, and set him down on the Ground by me, and two Men were plac'd as Guards over us; one stood at my Head, and another at my Feet; one of them had a Sword, and the other a Pistol. There was five of them in all - three ransack'd the House, and took away Goods to the Value of 50 l. among which, were the Things mentioned in the Indictment.
Q. Which Way did they come in?
Mr. Gibson. The Bake-house is contiguous to the Dwelling-house, and opens into a Yard: Which Yard is enclosed with a Brick-wall, and a Door opens in this Wall, into the Fields, toward Islington. I apprehend, one of them got over the Wall, and then open'd the Door, and let the rest of them into the Yard. I cannot take upon me to say, whether the Bake-house Door was shut or open, when the Man came who fir'd at me; but when they were ransacking the House, they broke a large Door, to get into a Room, and several other Doors and Locks they broke when they were in the House. The Judges who try'd the former Cases (for two Men have been executed already for this Fact) were of Opinion, that this was a Burglary. They were about half an Hour in rifling the House, and when they had done, they ty'd our Hands and Legs together, and then went out the same Way they came. The Prisoner was discover'd some Time after, by the Information of an Accomplice, and according to that Information, I went to the Rose and Crown in Drury Lane, to take the Prisoner; but he escap'd over the Tops of the Houses, and got away to Ireland, from whence I fetch'd him hither. I can't swear he was one of the Men that was in the House, but my Man will give the Court Satisfaction in that Particular.
C. You must give an Account what happen'd to you.
Bird. About 2 o'Clock in the Morning, I don't remember particularly the Day of the Month, but 'twas in the Year 1735, I was at Work with my Master in the Bake-house, and went out into the Yard for the Scovel; five Men rush'd out of a back House in the Yard, which faced the back
Prisoner. What Cloaths had I on at that Time?
Bird. I did not mind any Cloaths; I endeavoured to observe their Faces, - not their Cloaths.
Prisoner. Were any of the Men disguised?
Bird. Yes; one Man was disguised, and he was the Man that had been my Master's Servant.
Prisoner. I would ask Mr. Gibson, whether Mr. White saw me at Bristol, when he took the two Men who were tried here before?
Mr. Gibson. No; you did not go to Bristol with the rest; - you did not fly till you was pursued.
Prisoner. The Night Mr. Gibson was robb'd, I was at a Christening, and staid there all Night, by the same Token I quarrell'd with a Man, and he cut me over the Lip with a Candlestick.
Mary Field . On Sunday, March 23, 1735, the Prisoner was at a Christening of mine, - I beg Pardon, I was delivered of a Child on the Sunday, and it was christened the next Day, - the next Evening; the Prisoner was present, and some Words happening between him and another Man, the Man took up a Candlestick and cut him on the Lip. I live at Mrs. Austen's in Cable Street, by Rag Fair. The Prisoner was intosticated (intoxicated ) with Liquor, and so he desired to lie with my Husband, which he did not only that Night, but every Night till Thursday.
Mary Maily . This good Woman's Child was christened on Monday Night the 24th of March, - 'twas last March was two Years; the Prisoner was there, and he quarrell'd with a Sailor, and got a Cut upon his Lip with a Candlestick, - there's the Mark of the Cut now. I was the Person that got Vinegar and Wine to stop the Bleeding. He staid there all Night, and two or three Nights following; during his Stay at this House he was very ill, and I got him some warm Ale to drink, and some Diaculum for his Cut.
Q. What had you for Supper?
Maily. I did not take Notice of that; it was something cold.
Q. Who were the Gossips?
Maily. One that is gone to Sea; and who the others were I can't tell.
Q. What Liquors had you?
Maily. Strong Beer and other Liquors. The Prisoner was never out of the House from Monday, to Thursday or Friday following; he was never out of the Doors.
Q. What Day of the Week was it?
Dugan. I don't know.
Q. Don't you know what Day of the Week it was?
Dugan. 'Twas on a Sunday, - and the Christening was on Monday. I left the Prisoner there on Monday Night at almost Eleven. I went there again in a Day or two, and saw him there; and Mrs. Field told me he had got Hurt, and had lain with her Husband.
Q. What had you for Supper?
Dugan. I did not stay for Supper.
Q. Why you did not go away till 11 o'Clock you say.
Dugan. Yes, but I did not stay for Supper, it was something they had in a Publick House
Q. What Liquor had you?
Dugan. Beer and Wine. I am sure he was there, for he gave me Half a Crown. I saw the Prisoner there on Monday Night, and on Thursday I went there again, and Mrs. Field told me that he had lain with her Husband ever since. He had then a Cloath about his Face, and I saw a
Q. What was the Name of the Child?
Dugan. I can't tell; - it was John I think
William Drew . I liv'd with Andrew Conolly , at the King's-Head, in King's-Head Court, in Drury-Lane, and drew Beer there. I remember one Morning Ward and Row (who were executed for this Robbery) and three others, came in and went up Stairs with a Bundle. Ward had a Coat with Yellow Buttons, and Row had a Pair of carv'd Silver Buckles; it frighted me so, - to see such Things opened, that I could see no more - The Prisoner at the Bar was not with them, - by Virtue of my Oath.
Marget Chipsey. I have known the Prisoner four or five Years; he work'd at Labouring Work and resorted to Mrs. Austen's, in Cable Street. At that Time in particular he came to me to buy a Shirt, for I sell such Things, - old and new, - and he was to give me four Shillings for it; he gave me a Crown Piece to change, and it being Saturday Night, and I very busy, I gave him a Six-pence and a Half Guinea instead of two Six-pences; but on Sunday Morning he came before I was up, and returned me the Half Guinea again - he's a very honest Fellow.
Rebecca Loveit was the Prisoner's Washerwoman, and he always paid her very honestly. Last Shrove-Tuesday was Twelvemonths he told her he was going to Ireland to receive a small Legacy. She had lived in the House with him two or three Years, and he always came Home - every Night - between 10 and 11 o'Clock.
Prisoner. I hope your Lordship will consider that I have been a Year and a half in Goal on Account of this false Information. If I had been a Rogue, a Villain, or a Robber, certainly something would have come out against me lying in Goal all this Time. Guilty . Death .
9. Thomas Hilliard , of St. Butolph, Bishops-gate , was indicted for stealing two Cheney Bed-Curtains value 4 s. two Pair of Sheets value 12 s. a Pillow value 2 s. 6 d. a Box iron and Heater value 18 d. the Goods of Sarah Lord , in the Prisoner's Lodgings , Oct. 5 Guilty 10 d .
11. Lydia Goodwin , was indicted for wilful and corrupt Perjury, in swearing before Peter Barton , Gent. of the Poultry Compter, that Catherine Hyam was indebted to her in the Sum of 21 l. and 15 s. April 4, 1735 .
But there being a Defect in the Indictment, the Prisoner was acquitted .
14. Ann Smith , was indicted for stealing a Copper Pot value 5 s. a brass Warming Pan value 2 s. two Pewter Plates value 6 d. and a Pewter Dish value 6 d. the Goods of Jane Jones , in her Lodging , Sept. 30 . Acquitted .
The Prosecutor not appearing, the Prisoner was acquitted .
21. George Adams , was indicted for privately stealing a Handkerchief, made of Silk and Cotton, value 2 d. and three Shillings and Sixpence in Money, from the Person of Abraham Arnold , Sept. 17 . Guilty 10 d .
22, 23. John Turner and Susannah (his Wife ) were indicted for stealing a Sett of Harrateen Bed-Curtains value 12 s. a Blanket value 5 s. and two Brass Knobs of a Stove value 4 s. the Goods of George Dean , in their Lodgings . Sept. 27 . The Husband Acquitted , the Wife Guilty 10 d .
Mary Smith , was indicted for stealing a Cotton Gown value 5 s the Goods of Mary Blaze , and a Pair of Yarn Stockings value 6 d. two Cloth Hoods value 6 d. a Pair of Scales value 4 d. and other Things, the Goods of Robert Padder , Sept. 19 . Guilty 10 d .
27, 28. John Golding and Walter Wheeler , were indicted for that John Golding, with William Benson (not taken) on the 3d of November last, in the King's Highway (with a certain Wooden Stick, which the said Golding held in his Right Hand) on Robert Wilson , did make an Assault, &c. with an Intent the Money and Goods of the said Wilson to steal, &c. and that Walter Wheeler , well knowing the said Golding and Benson to have committed the said Felony, on the 3d of Nov. the said Golding and Benson he did receive and house .
29. James Dillon , of St. George the Martyr , was indicted for stealing 4 flat Irons, value 12 d. a Box-iron and 2 Heaters, value 18 d. 4 brass Candlesticks, value 12 d. a brass Warming pan, value 2 s. a brass Pan, value 12 d. a copper Tea-kettle, value 12 d a Copper Coffee-pot, value 9 d. 6 Pewter Dishes, value 6 s. 13 Pewter Plates, value 5 s. a China Tea-pot, value 4 s. a China Cannister, value 4 d. a china Boat, value 4 d. a China Saucer, value 3 d. a Looking-glass, value 18 d. 2 Blankets, value 6 s. a Bolster, value 3 s. a Copper Saucepan, value 12 d. the Goods of Edward Walton , in his Lodging , Aug. 16 . Guilty .
30. Thomas Watson , was indicted for stealing (with William Cadmore and Charles Carter not taken) 5 Cloth Coats, value 10 l. 2 cloth Waistcoats laced with Gold, value 6 l. a Drugget Coat, value 20 s. 2 Sagathy Coats, value 20 s. a Silver hilted Sword, value 20 s. 3 Silver Spoons, value 30 s. 19 Silver Tea Spoons, value 18 s. a Silver Saucepan, value 3 l. 2 silver Salts, value 30 s. a silver Pepper box, value 20 s. and 2 pair of silver Buckles, value 10 s. the Goods of Gerrard Bottomley , Esq ; in his Dwelling House of St. Ann's Westminster, Oct. 8 .
John Sharp. The Prisoner and one William Cadmore and I committed this Robbery. Cadmore came with the Prisoner to my Master's House about 5 o'Clock, in Dean-Street by St. Ann's Church, Cadmore had been a Servant to my Master, and he said, he knew Mr. Bottomley had Cloaths to a great Value, and that he would break open the Chest and take them out. Accordingly he took 2 large chopping Knives or Cleavers, and went up Stairs, and wrenched the Chest open. The Prisoner and I assisted, we held the Chest open while Cadmore took out 6 or 7 Suits of Cloaths, which we pack'd up and carried down Stairs. All three of us partook in the carrying them down. Then Cadmore and the Prisoner took them on their Arms, and carry'd them out of Doors, - this was about 7 o'Clock at Night. Which Way they went with them I can't tell, for I staid in the House. The next Morning Watson the Prisoner came to bring me a clean Shirt, and told me that Cadmore had pawn'd a Suit of these Cloaths for about 46 s. and had lost all the Money at a Gaming-house in Covent-Garden. He told me likewise, that he himself had pawn'd another Suit for 14 s. this was on the Thursday. The next Morning my Master being gone to the Bank, I went to Cadmore's Lodgings in a Court in Fleet street, over-against the Horn-Tavern; but he was not at Home, he and the Prisoner I was informed, had just taken out two Bundles of Cloaths in a Coach before I came. Upon this, I went Home to Mr. Bottomley's, and staid within 'till 6 o'Clock. Then I went to the Red-Lion Ale-house, and the Prisoner came to me, and after I parted with him, I return'd Home. I did not see either of them again 'till the Friday following; I had been to Market for a Shoulder of Mutton and some Apples, and met Watson the Prisoner; while I was buying the Apples, Cadmore went by, - says the Prisoner, - there's Cadmore, I went to him and told him, I expected to have seen him before that Time. He told me, he could not come to me, for he had sold the Cloaths, and lost all the Money; and upon that we quarrelled.
Q. How came you to make this Discovery?
Sharp. I was stopp'd with some of the Things my self at a Pawnbrokers. I stole 2 silver Salts, and carry'd them to a Pawnbrokers - beyond Tower-Hill, in order to pawn them, and the Man stopp'd me and the Salts too; he had just seen an Advertisement, in which the Goods we stole had
Q. Who assisted you in stealing the Salts?
Sharp. The Prisoner; for on Saturday after we had taken the Cloaths, he met me at the Red-Lion, and asked me whether I would go on with the Proposal, that he and I should rob my Master again? Yes, says I, for as Cadmore has run away with the Money that was made of the Goods we took before, if I am to suffer, I may as well suffer with Money in my Pocket; so he and I took the Pokers, and we broke open the Chambers one pair of Stairs; and after that we broke open the Closets and a Writing Desk, out of which we took what we could find. Then we went up 2 pair of Stairs, and broke open a Closet, out of which we took 3 large Spoons, and some Tea Spoons; (but how many I can't swear to) and two pair of silver Buckles, some Papers, and 2 Salts. The silver Saucepan we got below Stairs, and the silver Pepper-box. Then we went to the Chest again, and took out more Cloaths, 2 lac'd Waistcoats, and 3 or 4 Coats; we took likewise a silver gilt Sword; all these Things Charles Carter took away for us, and by our Orders, in a Basket, he carried them to the Cellar where he lives, - in Dyot Street, St. Giles's, he sells Greens there. After he had carry'd them away, I went and took the Saucepan and sold it for 3 l. 4 s. 7 d. I sold the Tea-spoons likewise, but I have forgot what I had for them. I sold a pair of Tea-tongs which were broke, and the Salts I carry'd to pawn, and was stopp'd with them. As for the Cloaths, - the Prisoner Watson carry'd them all away from the Cellar in a Portmanteau
Prisoner. Did not you go and enquire for Cadmore, and say that 'twas he that wrong'd you?
Sharp. When I heard that Cadmore had disposed of the Goods, and had given me no Part of the Money, I went and enquired after him, and I left Word that I had Money coming out of the Country, and that he had wrong'd me of much of it.
Prisoner. Had I any share of the Plate?
Sharp. No, that I kept to my self; but you had your Part of the Cloaths.
Thomas Warner . On Wednesday Morning last, John Sharp came to my Shop to pawn a couple of Salts, I had just read the Advertisement, and these answering the Description, I asked him how he came by them, and he not giving me a satisfactory Answer, I carry'd him before Justice Dennet, there he made his Information, and Mr. Bottomley owned the Goods.
Stephen Sweetland . When Sharp was carry'd before Justice Dennet, I assisted the Constable, and the Justice ordered me to go and tell Mr. Bottomley that the Thief was catch'd. As we were carrying him to Newgate, he directed us where we might find the Prisoner, and accordingly we found him within half an Hour, in Fleet street, at the White-Horse-Inn, and as we were carrying him before Sir Richard Brocas , I asked him if he knew one John Sharp? He said yes, and told us that Sharp was going to France, because he had done something that prick'd his Conscience. After the Prisoner was committed to the Compter, we went to him there, and asked him about the Robbery. He own'd he was there the Tuesday and Saturday, when the House was robb'd, and was conceal'd 4 Hours in the Cellar. He told us, that Sharp let him in about 7, and hid him in the Cellar 'till 11, and then Mr. Bottomley went out. We asked him about the Cloaths; he said he saw them, but he had no Hand in that Affair. We desired to know who had? And he told us he was so 'frighted he could not tell. Carter he said was the Man that carry'd them off, and he saw them all go, and knew they were stole, and were to be lodged in Carter's Cellar. He own'd likewise that he was up 2 pair of Stairs, after Mr. Bottomley was gone out, but he could not tell what was become of the Cloaths that were taken away.
Q. Did he say only that he was above, 2 pair of Stairs?
Sweetland. He said it was done by Consent of all three, - himself Sharp and Cadmore.
Stephen Brown , Constable. When the Prisoner was sent to the Compter, I went for Mr. Keate and Mr. Bottomley, and we all went to him in Prison; there he confess'd to us that Cadmore, Sharp, and himself had consulted to rob Mr. Bottomley, and that according to the Consultation, he was present both Times when the House was robbed. He said he did not know what was become of the Cloaths, only that they were carry'd away by Carter, who keeps an Herb Cellar in Dyot-street.
Defence. Sharp asked me to come to see him, I did, and while I was in the House Cadmore came in; Sharp and Cadmore went out together, and lock'd me in 'till they came back, while I was in the House, I saw them bring down some Cloaths, and put them into a Coach, but where the Coach carry'd them I cannot tell. He afterward told me that Cadmore had run away with 5 l of his Money, and bid me come on Saturday Morning to him. When I came, he bid God bless me, and told me he was going to France; so we went to drink together at the Red-Lion, and there he
31. Henry Lyford , of St. Andrews Holborn , was indicted for that he on the 8th of July in the 10th Year of his Majesty's Reign, in the Parish of Acton, took to Wife Elizabeth Wynne , and to her was then and there married, and afterwards, viz. on the 24th of June last in the Parish of Paddington , feloniously; took to Wife Mary Hinton , Spinster, his former Wife being then in full Life .
The Councel for the Prosecution set forth, that the Prisoner had marry'd one Wynne, a Widow, on the 8th of July 1736, and while she was alive, it happen'd that Miss Hinton and her Mother took Lodgings, in his House. That the Defendant got into young Mrs. Hinton's Acquaintance, and knowing that she was entituled to Money, he inveigled her to marry him. That he never asked the Consent of her Trustees, but prevailed upon her to marry him without it; after which the Trustees hearing something of the first Marriage, they satisfied themselves of the Truth of it, and then tax'd him with it. He denied it, but they told him they could produce not only the Certificates both of his first and second Marriage, but the very Affiadavit he made of his being a Batchelor when he took out the Licence in order to marry the second Wife, and tho' the Prisoner had pleaded not Guilty, yet they should bring such clear Evidence of both Marriages, as would plainly prove him to be Guilty.
Councel. Are you not positive you have seen her within these 6 Weeks?
Knowles. I won't say that; but I'll swear I have seen her within these 2 Months, at the House where I lodge, in Kings Head Court, by the King's-Head-Tavern in Holborn.
Councel. And what Name did she then go by?
Knowles. By the Prisoner's Name - Lyford.
Councel. Did they live together as Man and Wife?
Knowles. Yes; for near a Twelvemonth.
The Reverend Mr. Brook Saunders. I marry'd Henry Lyford and Mary Hinton , at Paddington, the 24th of June last. I believe the Prisoner is the Man. They were marry'd by the Names of Henry Lyford, Batchelor, and Mary Hinton, Spinster. Here is the Register-Book.
Prisoner's Councel. As the second Wife is by Law admitted to be a Witness, she is the best Evidence, whether there was a second Marriage or not. For them to prove it only by Circumstances, and not produce the Woman, is against the Course of the Law. Says the Doctor - I believe the Prisoner is the Man, and why, - because I suppose him to be so. The Law in Penal Cases requires the best Evidence, and I believe the Gentlemen on the other side, can't shew that ever there was a second Marriage prov'd, without the Evidence of the 2d Wife.
Councel's Prosecutor. I believe this is the first Time that the second Wife's Testimony was ever call'd the best Evidence. In this Case, the young Woman has thought fit to chuse the Prisoner for a Husband; the Fear of losing him might exasperate her, but these Persons which we call, must be allow'd to be unbias'd, and to be indifferent Witnesses.
Mr. Saunders. I believe the Prisoner is the Man I marry'd to Mary Hinton, at Paddington, by Licence. I have the Licence here, and this is my Hand-writing; I always back the Licences myself.
Prisoner's Councel. Are you sure it was Mrs. Hinton that you marry'd?
Mr. Saunders. Yes; and I should know her again if I was to see her.
C. Have you seen either of the Parties before?
Mr. Saunders. Yes: I believe I have; but not to know them before I recollect the Prisoner's Person, now.
Councel You never make any Entries here of Marriages, but what are real?
Mr. Saunders. No, Sir.
Marriages and Burials. June the 24th, 1737. Henry Lyford, of St. Andrew's Holborn, Middlesex, Bachelor, and Mary Hinton, of the same Parish, Spinster. Per Licence.
By the Reverend Mr. Saunders
Counc. Who made that Entry?
Mr. Saunders. The Parish Clark; but I inspect the Register myself.
Counc. And have you any other Reason to assert this Marriage, but from this Licence?
Mr. Saunders. Seeing the Prisoner, I can recollect his Person. I told the Attorney, that I
Prisoner's Councel. Suppose now you had not seen this Book, should you have remember'd you marry'd such a Person?
Mr. Saunders. Yes to be sure; and the Woman I should have known particularly.
Q. Was there any other Marriage that Day?
Abingdon. No. They were marry'd by this Gentleman - Mr. Saunders: And I made the Entry of this particular Marriage, within a Day or two after.
Prisoner's Councel. Do you know Mrs Hinton?
Abingdon. No; I never saw her before, nor since.
Christopher Gibson : I went to spend an Evening, some Time since, at Mr. Ross's, and there I saw Mr. Adams and Mr. Latewood: They pull'd out the Certificates of these two Marriages, and I read them. Mr. Lyford and Mrs. Hinton were sent for, and he declar'd he was marry'd to her. I charged him with being marry'd to Mrs. Wynne; he said, he had no other Wife but Miss Hinton, and she was present the same Time. A Constable was sent for, in Order to his being charged with the Prisoner; but he deny'd the first Marriage, and when we read the Certificates to him, he said, he did not Care a Farthing for them; we might bring twenty of them, if we pleased. He deny'd the first Marriage, but the second, he always acknowledged, and said to Mrs. Hinton - my Dear, I have no other Wife in the World but you.
Prisoner's Councel. Pray was you before a Magistrate, that had any Authority to ask these Questions, or was it only among yourselves?
Mr. Gibson. 'Twas among ourselves.
Mrs. Hinton, Widow. I know that Man at the Bar, to be Henry Lyford. On the 24th of June last, my Daughter was up sooner than ordinary, and went out. She did not come Home all Night - not 'till the next Night at Eight o'Clock. Then she came up Stairs to my Bed-side, and fell on her Knees. I asked her where she had been all Night? She told me, at Islington - to take a Lodging. What have you to do, said I, to take a Lodging? She then said - why, Madam, to be plain with you, I am marry'd Marry'd! says I - to whom! to Mr. Lyford, Madam, said she. And presently the Prisoner came up, and he fell on his knees, to ask my Blessing. I shut the Door against him, and immediately did up my Things, and went out of the House.
Q. Has your Daughter ever come Home to you since?
Mrs. Hinton. No.
Mr. Adams About the Beginning of July last, Mr. Lyford sent a Person to my House, to ask my Consent for his marrying this Girl: And afterwards he came himself. I told the Man, and him too, that I would not give it. I asked Lyford (when he came himself) whether he was not marry'd to Miss Hinton already? He said, yes, he was marry'd to her. Then, says I, what signifies my Consent, if you are marry'd already. I heard him own this second Marriage, at Mr. Ross's; and we had a Suit in Chancery, relating to some Part of Miss Hinton's Fortune; and when it was over, Lyford came and demanded the Writings in Right of his Wife. After this, we heard he was marry'd to another Woman, and we got Certificates from the Ministers of the Churches, where he had been marry'd: Upon which we sent to Miss Hinton, to desire her to come to us alone, for we had something to communicate to her, at Mr. Ross's House; but her Husband and she came together, and Mr. Gibson happen'd to come in just before them. When the Prisoner and his Wife came in, we desired her to walk into another Room, and there we shew'd her the Certificates; then we called him in, and Miss Hinton charg'd him with being marry'd to another Woman; he deny'd it; and upon that, we shew'd him the Certificates - why, says he, what are they to me? You may bring twenty of them, if you please. She fell a Crying, and call'd him Names, and he said - what signifies it? I have no other Wife in the World but you.
Prisoner's Councel. I apprehend, that this Evidence is not to be received; and that in a Case of Felony, so penal, and ignominious as this is, the best Proof ought to be brought to support the Charge. I have been concern'd in many Prosecutions on this Statute, and I submit it to the Court, whether the second Wife is not the most competent Witness, and whether she was not always call'd, to prove the second Marriage And the Reason of it is - that when there happens to be any Dispute about the Identity of a Marriage, the Jury may be fully convinced, that the Person accused, is the very same Person who did the Prejudice, nor justifiable by Law. And because the second Wife is not a legal Wife, she is always admitted an Evidence. The second Wife, in this Case, can't be mistaken; if they had produced her, she might have said - This was the
Counc. Pros. My Brother has no Evidence to give in Behalf of his Client, and so he has only a mind to give him a Speech. Guilty
34. John Loyd , was indicted for stealing a Bed-Quilt, value 10 s. a Blanket, value 4 s. a Pair of Sheets, value 7 s. two Pillows, value 3 s. and two Pillowbiers, value 12 d. the Goods of Moses Dawson , in the Parish of St. Butolph without Bishopsgate , Sept. 16 . Guilty. Single Felony .
35. Elizabeth Sumner , otherwise Stiles , was indicted for stealing two Pewter Plates, value 18 d. the Goods of Richard Hough , in the Parish of St. Ann's, Black-Fryars , September the 17th . Guilty .
36. Thomas Avery , of St. George's, Bloomsbury , was indicted for stealing a Pair of Leather Breeches, val. 10 s two Linnen Shirts, value 2 s. the Goods of Patrick Dogget . A Pair of Silver Buckle, value 10 s. 6 d. two Shirts, value 5 s. four Napkins, three Shaving Cloaths, and several other Things, the Goods of Thomas Bradford . And a Peruke, val. 10 s. the Goods of Will Bowden , in the dwelling House of John Cornes , Septemb. 2 . Guilty 4 s. 10 d ,
37. Thomas Adley otherwise Ridley , was indicted for stealing a large brass Knob, val. 1 s. the Goods of James Howey , in the Parish of St. Mary Aldermanbury, and 10 other brass Knobs, val. 10 s. the Goods of Persons unknown. September 21 .
Daniel Oscullin . On the 21st of September, between five and six in the Morning, I heard a Noise at my Master Heweys Door in Aldermanbury , so I jump'd out of Bed, and opened the Door in my Shirt; the old Gentleman at the Bar was at the Door, but seeing me open it, he was going off with all Expedition; I resolved to go after him, and intended to have laid hold of the Knob on the Outside of the Door to pull it too. - but the Knob was gone. As he made off I heard something rattle in his Pocket, so I followed him, and asked him what he wanted at my Master's Door? He said he wanted nothing; but I laid hold of him by the two Shoulders and gave him a Shake or two, and though he is an old Man, yet I can assure you he made a stout Resistance before he submitted. Then he begged I would let him go, but I told him he was a Villain, and that if he would not come back with me I would use him ill; I was obliged to be expeditious with him, because I had left the Street Door o'jar to follow him, and I was uneasy and afraid some of his Gang might get into the House while I was disputing with him; therefore I gave him another good Shake, and while I shook him, I saw the Brass Knob which he had wrenched from my Master's Door, drop from him on the Ground; I saw it fall, but I did not care to stoop for it, for I found him a stout Fellow, and was afraid, he might either get away, or knock me down while I was taking it up; so I brought him back to my Master's Door, and he run himself up, over the Window of our Small Beer Cellar, which is covered with an Iron Grate. While he stood over this Window he dropped this Instrument, - here's a little Hook, - with which he hung it to his Girdle under his Great Coat. I saw it fall from him, and was exasperated. I told him that he was mistaken - that Instrument could not fall through the Bars; and I swore I would use him ill if he resisted me, or refused to come into the House; so I got him in, and called out to one of my Fellow-Servants. Upon examining his Pockets we found - all these Brass Knobs upon him, this in particular is my Master Hewey's, and I saw him drop it; I did not stay to take it up myself, but a Carpenter coming by and seeing me engaged with the Old Gentleman, he bid me hold
Prisoner. As for that Instrument I know nothing of it, it was standing at the Door before I came there. I have been Lame these Thirty Years, and have a Fistula in Ano upon me - That Man swears to the Knob, - why the Knobs, my Lord, are all alike, and how can he swear to one in particular so positively? I found them all under a Bench. And now, - as to the Instrument, - he says 'twas hook'd to my Girdle, - why, he held both my Hands, - then how could I dropt it?
Jury. Did you see the Instrument drop from him, or did you see it only on the Ground?
Oscullin. When I had got him over the Cellar Window, I easied his Right Hand, and perceiv'd him immediately busy with it. - I actually saw it drop upon the Grate, and told him, that it would not fall thro' the Bars, and that I would stoop and take it up for him. Guilty 10 d .
38, 39. Mary Broad and Sarah Wharton , were indicted for privately stealing a blue calamancoe Pocket, value 2 d and 4 s. in Money, from the Person of Mary Newman , in the Parish of St. Catherine Cree Church , Oct. 10 .
Broad Guilty 10 d Wharton Acquitted .
41. William Lawrence , of Hillendon, Middlesex , was indicted for that he not having God before his Eyes, &c Aug. 23 , on Thomas Tarsey , did make an Assault, and with both his Hands the said Tarsey on the Ground did throw and cast, and he so lying on the Ground, the said Lawrence with both his Hands and Feet, on the Eyes, Head, and Belly of the said Tarsey divers Times feloniously did strike and kick, giving him, as well by throwing and casting to the Ground, as by striking and kicking as aforesaid, several mortal Wounds and Bruises, of which he languish'd from the 23d to the 27th of August, and then and there died .
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death, 6.
Burnt in the Hand, 2.
To be Transported, 21.
John Rowles , William Istobe , William Pooley , Edward Mollet , Ann Cox , George Adams , Susannah Turner , Mary Smith , John Jones , Thomas Jones Robert Ayres , John Loyd , Thomas Avery , James Dillon , Thomas Addley , Thomas Hilliard , Mary Broad , Elizabeth Shufflebottom , James Jefferson , Joseph Drummond , Mary Ward .
A Speedy Care for the ITCH.
At the Crown and Ball in George's Court, in St. John's-Lane, near Hicks's Hall, is Sold,
A WATER which perfectly cures the ITCH; or Itching Humour in any Part of the Body, having no offensive Scent; and hath been approved by many Years Experience. Price 1 s. 6 d. a Bottle, with Directions. Prepared by A. Downing, Chymist. At the same Place may be had. The true Essence or Spirits of Scurvey Grass, both Purging and Plain, most excellent in all Degrees of the Scurvey, at 8 d. a Bottle. And the great Elixir of Life, called Daffy's Elixir, truly prepared from the best Ingredients, very useful in all Families. Price 2 6 d. the Half pint.