WEDNESDAY the 22d, THURSDAY the 23d, FRIDAY the 24th, and SATURDAY the 25th of February.
In the 11th Year of His MAJESTY'S Reign.
Third SESSIONS in the MAYORALTY
Right Honourable Sir John Barnard, Knight, LORD-MAYOR of the CITY of LONDON.
For the YEAR 1737.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane.
M.DCC.XXXVII. (Price Three-Pence.)
N. B. The Public may be the Mayoralty of the Right Honourable Sir JOHN BARNARD, Lord Mayor of this City) the Sessions-Book will be constantly sold for Three-Pence, and no more; and shall contain the usual Quantity sold for Six-Pence for many Years past: And also that the whole Account of every Sessions shall be carefully compriz'd in Due such Three-penny Book, without any further Burthen on the Purchasers.
For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN BARNARD , Knt. Lord-Mayor of the City of London; the Worshipful Mr. Justice PAGE, the Worshipful Mr. Baron CARTER , SIMON URLIN , Esq; Deputy-Recorder of the City of London, and others his Majesty's Justice of Oyer and Terminar for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
1. Mary Cook , of St. Lawrence Jewry , was indicted for stealing 2 pair of silver Watch Cases, value 40 s. a Mother of Pearl Snuff-box with silver Rims, value 5 s. the Goods of James Wilson ; and a Gold Watch Case, value 4 l. the Goods of Sarah Mason , in the Dwelling-house of James Wilson , Feb. 10 .
James Wilson . The Prisoner was my Servant ; on the 4th of March last, she came down Stairs to me in my Shop, and told me, she was afraid I had been robb'd, for her Mistresses's Drawers were all open I immediately ran up Stairs, and a Gentleman who was in the Shop followed me. I found my Wife's Cloaths taken out of the Drawers, and were laid, - some on the Chairs, and some on the Table in the Room. I missed 4 pair of silver Watch-cases, a Mother of Pearl Snuff-box with silver rims, and a Gold Watch-case was gone likewise. How can this be, says I! Why, says the Gentleman, it must be your Servant that has done it to be sure; I believe so too, said I, for 'twas very dirty Weather, and I thought it impossible any body should come in and go up Stairs without dirting the Room. Sometime after this, a Neighbour inform'd me, that if I would search at the Pawnbrokers, I might probably find some of my Goods: upon this, I got a search Warrant, and, Mr. Grainger's a Pawnbroker upon Puddle-Hill, I found 2 pair of Watch-cases and the Snuff-box. I am a Watchmaker , and I apprehend these silver Cases were taken out of the Closet where I work. These are the Cases I found at Mr. Grainger's, and I swear they are mine; this Snuff-box is mine like wise.
Mrs. Mason. I lodged at Mr. Wilson's, and among other Things, I lost a Gold Watch-case.
Wild. This Gold Watch Case I found with the rest at Mr. Grainger's.
Mrs. Mason. This is mine; I lost it in Mr. Wilson's House. I used to keep it in a leather Glove in my Scrutore, and when I went to Kingston, I intended to carry it with me, but I chang'd my Mind, and left it behind me backed up in a Chest
Jane Gitson . The Prisoner is my own Sister; she brought all these Things to me at different Times, and at different Times I carry'd them to pawn at Mr. Grainger's. These two silver Cases, this Snuff-box, and this Gold Case, I carry'd to pawn for her, and gave the Money I had upon them, to her. My Mother is a Midwife, and I live with her. Mr. Grainger knew me, and I knew him, so he asked me no Questions about the Goods.
Prisoner. I own I took the Cases, and sent my Sister with them to pawn; but she and my Mother are no ways confederate with me. As to the Snuff-box, I found it in the Pocket of a Coat which my Master order'd me to carry to his Brother. The Gold Case I took out of a Room. I own the Fact, and hope you'll take it into Consideration, and do my Family Justice. I own these Things, but my Mother has given my Master a Bond of 10 l. for the rest. Guilty , Death .
He was a 2d. Time indicted for breaking and entering the House of Robert Hind, Esq; about 12 at Night, and stealing 2 pair of leather Breeches, value 40 s. 5 pair of linnen Socks, value 5 s. a Velvet Cap, value 10 s. 6 yards of Fringe, value 2 s. 2 Cushions, value 10 s. a Mattress, value 25 s. 2 Feather beds, value 5 l. and other Things , Feb. 24 .
Mr. Hind. I was out of Town when the Facts were committed, but I have seen the Goods I was robb'd of, and can swear they were once in my Possession.
Daniel Riggs . The Prisoner and I one Night took a quarters of a hundred of Lead from Mr. Hind's House, the next Night we took 5 Hundred, and the next Time about 6 Hundred. We carry'd it to one Daniel Smith in Mutton-Lane, and told him where we had it; he bought it of us, and the Prisoner and I were equally concern'd.
At another Time, (about the middle of the Night) I went to Mr. Hind's House, the Prisoner with an Iron Crow broke open the Malt Loft Door, and then an inner Door, and so got into the fore Parlour, where we broke open some Drawers, and took out 2 pair of Leather Breeches, a Velvet Cap, and some Velvet Cushions; some Stocking Feet, and some Fringe Then we broke a fine Scrutore, and when we had taken what we thought proper, we roll'd up all the Goods together in a Mattress and a Feather Bed, which we got out of the Hop-lost. We brought all the Goods thus bundled up into the fore Parlour; then we broke open the Compting-house Door, where we took a Chest of Candles, and from thence we got into the Street, and carry'd all the Things to the Prisoner's House. This is the Truth if I was dying this Moment.
John Berry . The Prisoner's Wife was my own Sister; she died the 13th of Oct. and not having Money to pay the Undertaken for the Funeral, he desired me to sell some of these Things, which he said were his Wife's, but they prov'd to be the Gentleman's, and I informed him of them, after the Prisoner and Riggs were taken up. These are the Things which were sold to pay the Expence of his Wife's burying.
Mr. Hind These are my Goods; I lock'd them up with my own Hands in a Chest of Drawers.
Berry. Some were sold to one in Whitecross-street, and some were pawn'd by my Wife at the Prisoner's Direction. This red Silk I had from him, and was to have got it dy'd a Massareen blue, and to have made him a Waistcoat. The Velvet Cap, and one side of the Mattress I deliver'd to Mr. Gordon for Mr. Hind.
Mr. Gordon. I can't swear the Prisoner stole the Lead, or broke the House, but the next Morning after it was done, we missed the Goods mention'd, and about a Month or 5 Weeks ago, this Berry came to my House, and told me he had something to say to me about my Apprentice Riggs. Riggs as soon as he saw Berry, ran from his Work to Berry's House, to ask his Wife what Business he had with me. I got a Warrant and took up Riggs, (my Apprentice) and Berry. By their Means we found out the Prisoner, and took the Breeches and some of the Goods in his Lodging in Grays-Inn-Lane, one side of the Mattress was taken off his Bed, he made use of it for a Sheet. Guilty . Death .
St. James's House to see his Majesty return from the Parliament House; after the King was come by, I attempted to get into the Park, through the narrow Passage, by the King's Kitchen, but I was surrounded with a Croud of People, and being apprehensive of Pickpockets, I clapp'd my Hand upon my Breeches where my Watch was Presently I felt something stirring under my Hand, and looking over my Shoulder, I saw the Prisoner very near me; at that Instant I felt something slip out from the Side of my Pocket, and the Prisoner turn'd about, and made off as fast as he could. I cry'd out stop Thief! And some Men who were near, pursu'd him; I follow'd as fast as I could, but he fled into a Barber's Entry, where these two Men took him, with my Watch upon him. I came up while they were searching him in the Entry, and he deny'd he had any Watch about him, but I saw them draw it out between the Cloth and the Lining, from the Bottom of his Coat. This is the very Watch, which I lost at that Time, and which I saw taken out of the Skirts of his Coat. He was carry'd before a Justice, and there he said, he found it upon the Ground. I am very positive to the Prisoner.
Prisoner. Ask him if he did say before the Justice, that he could not tell who took the Watch from him?
Hanquets. No, I said no such Thing.
William Capps . On the 24th of January I saw the Prisoner and Prosecutor in the midst of a Croud, and observ'd both of them scuffling to get out of it. The Prisoner made his Way through first; the Prosecutor follow'd, and cry'd stop Thief ! I pursu'd him into the Priory, and he was never out of my Sight; when I took him, he told me he had no Watch about him; but the Prosecutor being positive to him, I felt in his Pockets, on that Side next me, and found nothing; but another Person gathered up his Cloaths on the other Side, and feeling something, he cry'd out, - here's the Watch, and pull'd it out of the Skirts of his Coat, from between the Lining and the Outside. The Pocket was broke, and it had slipp'd down between the Cloth and the Lining.
Prisoner. I was coming through St. James's Court that Day, and kick'd the Watch before me the Ground; when I took it up, it was dirty.
Mr. Wallington. The Soldier (Jones) told me Yesterday, that he saw some Dirt upon the Watch, when he took it.
Mr. Capps. The Prisoner's Friends were all Yesterday, treating with the Soldier about a favourable Evidence from him, and they promis'd him, he should be rewarded.
Jones. They did promise to reward me, if I would be favourable in my Evidence.
Capps. I never lost Sight of him, 'till I took him in the Barber's Entry. Guilty . Death .
4. Nathaniel Hilliard , of St. James's Westminster , was indicted for that he not having God before his Eyes, &c. the 6th of May, in the 7th Year of his present Majesty, in and upon Robert Millegan , feloniously, &c. did make an Assault, and with a certain Sword made of iron and steal, value 2 s. which he held in his right Hand, him the said Millegan, in and upon the Inside of the right Thigh, did strike and stab, giving him a mortal Wound of the Breadth of half an Inch, and the Depth of 9 Inches, of which mortal Wound he languish'd from the 6th to the 9th of May in the Year aforesaid, and then dy'd.
He was a 2d Time indicted on the Statute for Stabbing.
And a 3d Time on the Coroner's Inquest for the said Murder.
Mary Millegan . On the 6th of May 1734 , my Husband was with the Prisoner at Mr. Langford's a Distiller; I saw them both go from thence, down Windmill-Street. In a little while after this, my Husband was brought Home in a Chair, stabb'd in the Thigh. I asked him who did it? And he told me - that Rogue Hilliard, has stabb'd me, - he has killed me. I know the Prisoner; I saw him in Langford's House. He does not wear a Sword, but had hid one under his Coat, I suppose. The Wound was in the Thigh, very near the Popes Eye; 'twas given on the Monday, and on Thursday, about II o'Clock he dy'd.
Edward Langford . The Prisoner I believe is the same Person; he came that Day to my House to give me a Note of his Hand, for Money due to me from another Person. He was some Time in the Shop, but seeing somebody in the Street, that he did not like, he desir'd I would suffer him to go up Stairs. When we were above Stairs, he told me he saw Bailiffs in the Street, and he was bewitch'd that he should come out without a Sword. Upon this he call'd a Man up Stairs and sent him for his Sword, which was brought to him, and he
Prisoner. Did not I ask the Deceased if he had any Thing against me? He reply'd, no really Sir, I have not; and Mr. Langford, said, if you have, don't expose the Gentleman, but charge him here, and I will endeavour to make Things easy.
Langford. I believe I did say so. I said, I would have you both agree, and I told the Deceased, if he had any Thing against him, he must take him to his own House, and must not meddle with him in my House; but the Deceased declared he had nothing against him.
John Langford . On Monday May the 6th, 1734, the Prisoner came to my Father's House; he had not been there long, before he desir'd to go up Stairs for fear of an Arrest. When he was in the Room above Stairs, he look'd through the Window into the Street, and said, - he was afraid of the Bailiffs, and wish'd he had a Sword. Presently after this, he call'd a Man up, and sent him to Downing-Street, Westminster, for a Sword, which lay upon his Buroe. The Messenger return'd with the Sword, and the Prisoner took it from him, and bent it, and said, it was a good Bit of Stuff, and would do. Then I went down Stairs and saw no more, till the Deceased and the Prisoner went out of the House together; my Father call'd the Deceased back, and asked him to do some Business for him in Shore ditch; he reply'd, - no, damn it I can't, for I am going to arrest Hilliard.
Catherine Harris . The Deceased was my Brother-in-Law; he went out well in the Morning the 6th of May, 1734, and was brought Home wounded in a Chair. I asked him, who gave him the Wound He cry'd, I am a dead Man; the Fellow your Sister saw in Langford's Window,, Nat Hilliard has done it. He was lately a Corporal in the first Regiment of Foot-Guards, but was drumm'd out of the Regiment with a Halter about his Neck, for enlisting Soldiers for the Pretender. - The Deceased told us, that he went with the Prisoner as far as the Horseshoe Alehouse and there his Follower gave him the Writ; there it was he tapp'd him on the Shoulder, and told him he had a Writ against him; upon which the Prisoner open'd his Legs, and between his own Legs he thrust him in the Thigh. This was what the Deceased told me; I saw the Wound; the Deceased languished from Monday to Thursday and then died.
Richard Totterdell . On Wednesday May 8th, 1734. I went to visit the Deceased; I asked him how the Accident happened? He told me, that he arrested the Prisoner and was going to lay hold of him; but he jump'd from him; the Deceased endeavour'd to leap in with him, to secure him, and the Prisoner open'd his Legs, and jobb'd the Sword into the Deceased's Thigh as he was behind him. I did not see the Thing done, but this was the very Writ, he was then executing upon him.
Isaac Itorno . About two Hours after the Accident happen'd I went to visit the Deceased, I enquired how he came by the Wound? He told me, that he arrested the Prisoner in the Haymarket , and he open'd his Legs and stabb'd him between them, in the Thigh: The Sword is in Court, and is bent; I suppose it ran against the Bone. I told the Deceased, that I apprehended he had not long to live, and I asked him, if he was sure the Prisoner gave him the Stab? I know (says he) that I shall not live, and I am sure he stabb'd me in the Haymarket.
Henry Noble . I was by the Deceased when he dy'd, and had hold of his Hand. He declar'd that Hilliard had jobb'd his Sword thro' his Thigh, a little above the Horseshoe, on the right Hand Side of the Way, in the Haymarket.
A Witness prov'd the Writ, by Vertue of which the Deceased arrested the Prisoner.
A Witness. The Deceased told me, he had no Writ against the Prisoner, when they were together at Langford's House, but as they went up the Haymarket his Follower put it into his Hand.
Prisoner. Mr. Langford swears, that when we went out of his House, the Deceased told him he was going to arrest me.
Langford. When he was in my House, he said, he had no Writ against the Prisoner; but as they were going down Windmill-Street, I call'd the Deceased back, and he then told me, he was going to arrest the Prisoner. I asked him if he was not afraid, and bid him not be so unwise, - for the Prisoner would certainly do him a Mischief, D - n him said the Deceased, - I don't fear him.
The Widow. This is the Writ, - I took it out of my Husband's Pocket, full of Blood.
A Witness. The Deceased was sworn an Officer on the 27th of July, 1733, and continu'd an Officer to his Death.
Prisoner. On the 6th of May 1734, I went to Langford's House to perswade him to take my Note, in order to his discharging one Newman whom Langford had arrested. I desir'd to go up Stairs, and while I was above, I saw a Man go by, who was an Officer in the Marshall's Court. I was not much afraid, for I did not owe 5 l. in the World; but I did not care to be expos'd. Millegan came in and told me that I ow'd Money to one Mr. Cable, and that there was a Writ out against me. I desir'd him to go to the Officer and tell him to come the next Day, and he should have a Guinea for not exposing me. He went to the Officer and spoke to him, and when he return'd to me, he told me, the Officer was gone over the Water and would not return in four Hours; and in the mean Time, he would conduct me into the Verge of the Court. I took it kindly of him, and treated him with Punch and Ratafie, promising to be grateful. As we were going out of the House, Langford's Daughter bid Millegan not trust me, for I was a dangerous Fellow; upon which I said to Millegan, - perhaps you have got the Writ your self, if you have, don't expose me, and Mr. Langford said, - no, as the Gentleman has been so civil to you, if you have any Thing against him, do it here. God strike me dead and d - mn'd, said the Deceased, if I have any Thing against him; but as we were walking past the Opera-house, 2 Men came up to him, and while I was asking him who they were, I was knock'd down, stuck in the Back, and my left Thumb almost cut off; then his Followers ran away. Such Treachery and Barbarity no Man was ever used with, and I saw no Writ, - there was none produced.
Charles Smith . I belong to the 3d Regiment of Guards, and was coming from Exercise when this happen'd. I saw the Deceased knock the Prisoner down, but I can't say with what Instrument. His Follower said, - d - md him make sure Work. When the Prisoner got up he stagger'd, and was bloody, and was thrust among the Poles of the Chairs which stood by the Opera house. There was no Sword drawn at that Time, nor did I see the Deceased receive any Wound, or tap the Prisoner on the Shoulder.
Thomas Dunn . I was passing by and saw part of the Fray, I did not stay long, but I saw the Prisoner underneath 2 or 3 Men upon the Ground, how he came down I can't tell; I saw nothing of the Arrest, nor of any Wound given the Deceased.
John Rayner . I was sitting at a Public House in the Hay-Market, and saw the Prisoner come down the Street, and the Deceased with 2 or 3 Men following him. When they came against the Horshoe Alehouse, the Deceased took hold of the Prisoner and flung him down, over the Chair Poles. I suspected that he (the Prisoner) had received the Hurt, when I saw Blood, and I told the Deceased he had kill'd him, no, said the Deceased, the Villain has murd'red me; I saw no Sword, nor any Wound given to him, but the Prisoner's Head was broke, and he was ill used. I saw the Deceased lay hold of him, but I can't say I saw any Blow; the Prisoner complain'd he was wounded, but he got away from the Crowd, and the Deceased was sent Home in a Chair.
Mr. Ormerod, Surgeon. I believe the Wound could not be given the Deceased in the Fall.
Baxter Polding . I was riding down the Haymarket on the Shafts of my Dray, and saw a Man strike the Prisoner with something like a Stick. He fell down, and when he recover'd, I saw his Head bloody. I saw nothing of the Arrest, or of the tapping on the Shoulder.
Joel Fremoult , Surgeon. I was sent for the 6th of May to the Rose in Shoreditch, to dress the Prisoner. He had a punctur'd Wound on the right Side under the short Ribs, about 3 Inches in Depth. I know nothing of the Scuffle. He had 2 Wounds likewise upon his left Thumb, and 2 Contusions on his Head.
Langford. The Truth is this, he swore his Sword was a good bit of Stuff, and before he went out, he swore if any Bailift offer'd to arrest him it should go through him.
Mr. Warrington. A Woman at the Door ask'd me if Mr. Hilliard was upon his Trial, I said yes; and if she knew any Thing of the Matter she might come into Court. No, said she, I won't swear any Thing about him, but he's a vile Rogue, and deserves to be hang'd.
Jury. We would desire to know if the Deceased had any Power to arrest him in the Haymarket !
A Witness. The Officer had Power to arrest him there. Guilty , Death .
5, 6. Samuel Taylor and John Berry were indicted; Taylor for assaulting John Berry , and committing with him the horrid and detestable Crime of Buggery. And Berry for wickedly consenting with Taylor the said unnatural Crime to commit and do , Jan. 31 .
Mr. Windham. For the Conveniency of the People that live in Old Round-Court in the Strand , there is a common necessary House; which, tho' most of the Neighbours have a Key to, yet is often left unlock'd. On the 31st of Jan. my Servant told me, about 7 o'Clock at Night when he was shutting up Shop, that 2 Fellows had been in the Vault about three quarters of an Hour. I thought they might be Thieves, so I took a Candle, and my Servant following me, I bolted (went hastily) into the Place, and found Taylor sitting, not upon the open Seat, but upon the close Part of it, and Berry sitting in his Lap; both their Breeches being down. I call'd them Names, and left them; but a Mob rose upon them, and would have knock'd them on the Head, had not a Constable in the Neighbourhood seiz'd them to carry them before a Magistrate. When they were carried away, some Gentlemen came to me, and told me, it would be a Shame such Rascals should escape, and perswaded me to go to the Justices, When I came there, (to Mr. Justice Hilder's) the 2 Prisoners were each of them endeavouring to make a Confession before the other. Berry made his Confession first, and sign'd it; but Taylor confessed the whole Matter too.
Mr. Hilder prov'd Berry's Confession.
'' Who faith, that Samuel Taylor asked him if '' he would go out with him? Upon which this '' Informant told him he would. That he went '' with him to Joy Bridge, but a Light coming, '' they went from thence to a necessary House in '' Round-Court, where Taylor asked him to let him '' lie with him, upon which they pulled down '' their Breeches, and Taylor committed the Act '' of Sodomy with him twice, and that Mr. Windham '' the 2d Time caught them in the Fact.
Mr. Windham. Taylor confessed it full as plain, or plainer than Berry; he said (several Times) he was guilty of the same Crime with Berry, but would not allow that he had enticed him to it. He own'd he had lain with Berry twice, and made use of the Word Sodomy. After Berry had made his Confession, Taylor said he had acted Sodomy with him. Their Breeches were not put up when they were before the Justice.
Mr. John Fridenburgh confirm'd the former Evidence very exactly; and added, that as the two Prisoners were carrying to Goal, Berry own'd they had been from one part of the Town to another, to find a convenient Place, and at last they thought of the Place where they were taken.
The Prisoners in their Defence, pleaded their being in Liquor, but it appeared from the Witnesses that they were perfectly sober. Guilty , Death .
Mrs. Peterson. I live at Chelsea . On the 18th of Feb. I was going Home from London, in the Evening about three quarters of an Hour after 7. In the first Field I met 3 Men, I took them to be working People, so I went on to the second, and there the Prisoner came up to me, and clapp'd this Knife to my Breast, and with Oaths demanded my Money. I saw no Pistol, therefore I thought I might defend my self against his Knife, till some body should come up. I told him I had no Money; Why then, - d - mn you give me your Pocket, or I'll kill you. I bid him kill me if he dar'd, - I would not give him my Pocket. Then I will kill you, said he, and up he threw my Hoop, and thrust at me with this Knife; - I thought he had run it into my Guts, but I happen'd to have this Book in my Pocket, and the Knife run against that. I scream'd out, - Help! help! for God's Sake help! but he lugg'd me down, and tore my Pocket in this Manner; I continu'd crying out, till I heard some Voices call out, - what's the Matter? I cry'd, - for God's sake stop, for I am robb'd. When he had taken what I had about me, he ran away, I follow'd him, and 3 Men call'd out to me, - don't be 'frighted Madam, we have got him. They had stopp'd him and brought him up to me; I knew him again, for I have had a perfect Idea of him ever since, and I went with them to the Spot of Ground where he attack'd me, and there we found my Pincushion, some of my Papers, and the Knife that he threat'ned me with. The Moon shone very bright, and I knew both the Knife and the Prisoner.
Prisoner. I might perhaps meet her, but not to know her in any Particular; I never laid Hands on her.
Peterson. I don't know what he calls laying Hands on me, but he jump'd out of a Ditch and tore me down upon the Ground; I lay with one Hand upon the Ground, and with the other I defended my self against his Knife. When he had robb'd me he ran away; I heard him run, and he was not out of my hearing when these Men took him. I saw him as plain when he committed the Fact as I do now; I took Notice of his Face, and of his Wig, and remember him particularly. A Woman came to me Yesterday, who said she was his Wife, and begg'd I would not prosecute him; or if I did, she desired me to say, I might be mistaken in the Person.
Edward Meredith . Three of us were coming from the Black-Lyon at Chelsea, about a quarter before 8, and in the next Field to the King's Head near the Park, we heard a Woman cry, - pray don't murder me! - for God's Sake don't murder me! We cry'd out, Help at Hand, - Help at Hand; immediately the Prisoner came running full Speed, and I ran after him and caught him. He trembled and quak'd, and when we asked him what the Matter was, he told me there was only a Disturbance between a Man and his Wife. We brought him back to the Gentlewoman, who was very much 'frighted; she knew him again, and as we were carrying him before a Justice, he desir'd me to let him go, for then he could get clear off. I did not stay to look at the Things that were found, I had enough to do to keep the Prisoner.
Francis Holloway . Constable. The three Men who took the Prisoner, brought him to my House, and this Gentlewoman with them, she was very much frighted, and shew'd me her Pocket; I took Charge of the Prisoner, and carry'd him before Justice Ellis. The Gentlewoman charged him with having robb'd her in the first Field, of 4 s. and some other, Things, and produced her Pocket which he had torn down in this Manner.
James Hayes . I and my two Friends had been walking that Afternoon to Chelsea. We stopp'd at Mr. Holloway's House, the Black Lyon at Chelsea, and we drank Part of five Pots of Beer, and set out for London, about a Quarter after Eight. After we had pass'd the King's-Head Alehouse, we heard the Cry, for God's sake have Mercy; we call'd out, Help at Hand, and immediately the Gentlewoman cry'd out, stop Thief; the Man ran as fast as he could, and the first Witness caught him by one Arm, and I, by the other. We asked him what was the Matter, and he told us some People were quarrelling, and he was running from them. He was very unwilling to go back with us to the Gentlewoman, but we logg'd him along to her, and she told us he had robb'd her and threaten'd her Life; that he presented a Penknife to her Breast, and told her if she would not deliver her Money, she was a dead Woman that Moment. We hearing this, and seeing the torn Pocket, the Book, the Knife, and the other Things upon the Ground, we carry'd the Prisoner to the Constable's House. The Prisoner when he was examined did not own the Knife.
- Harvey speak to the same Effect.
Defence. I solemnly declare I never was guilty; they swear in spight against me, because I had a Law Suit with the Man of the House, where they Lodge. When they took me, I did desire them
- Watkins, a Taylor (with whom the Prisoner had work'd about 3 three Years) gave him an extraordinary good Character.
Two other Persons appear'd to his Character.
The Jury acquitted the Prisoner.
13. James Coulthorp , was indicted for stealing 2 wooden Plows, value 6 s. 2 Steel Saws, value 5 s. 3 Mortois Chissels, value 18 d. a paring Chissel, value 10 d: the Goods of William Jane , and several Tools, the Property of George Windham , and John Templeman , Feb 3 Guilty 10 d.
14. Rachael Sharp , was indicted for stealing 2 cloth Coats, value 10 s. 3 cloth Waistcoats, val. 30 s. a Pair of cloth Breeches, value 5 s. a Pair of linnen Sheets, value 5 s. and 5 holland Shirts, value 3 l. the Goods of Richard Weedon , in his dwelling House , Feb. 18 . Acquitted .
19. Peter Bartholomew Bowler , was indicted for stealing one hundred Weight of Lead, value 8 s. fix'd to the Stables of William Sweeting . January 28 . He was a 2d Time indicted for stealing five hundred Weight of Lead, value 40 s. belonging to the Coach House of James Peel January 28 . Guilty 10 d. on each Indictment .
20. John Thomas , was indicted for breaking and entering the Dwelling House of Dorothy Elliot , about 11 in the Forenoon, (no one being in the said House) and stealing a Cocoa cup tipp'd with silver, value 2 s. a silver Ring, value 18 d. six Guineas, and 10 s. 6 d. in Money, the Goods of the said Elliot, and a Silver Tankard value 40 s. the Goods of Mary Chalk , Jan 5 .
Dor. Elliot. Last Sunday was se'nnight, I work out about 8 o'Clock in the Morning to Church; and when I came Home, People met me and told me I had been robb'd. I came Home as fast as I could, and found the street Door lock'd. I open'd it, and ran up into my Chamber; there I found the Lock upon a Box where I keep my little Substance, quite broke off. I had six Guineas, ten Shillings and Six-pence in Silver, a silver Tankard, a Cocoa shell-Cup, with a silver Foot, and a silver Ring, in this Box, when I went to Church; but when I came Home, - they were all gone; the Prisoner was taken before I got Home, and the Things were found upon him. When he was before the Justice, he own'd he did the Fact, and that he had taken the Tankard, the Cup and the Ring; and as to the Money, he said he had but 1 Guinea and 10 s. 6 d. but he said he knew where the other five Guineas were. I knew nothing of the Prisoner before.
David Dobey . I am Constable, and was sent for the 5th of this Month, about 11 o'Clock to take Charge of the Prisoner. The Things mention'd in the Indictment, I found upon him, except the 6 Guineas. These are the Things.
Elliot. And they are all of them mine.
Mr. Dobey. I carry'd the Prisoner before Mr. Justice Phillips; he own'd taking of the Plate, the Ring, and the half Guinea in Silver; but he had some Partners (he said) concerned with him who took the Gold.
James Drummer . On Sunday Feb. 5th in the Fore-noon, I was sitting in my House, next Door to Dame Elliot's, and saw the Prisoner cross the Way toward her Door. He had a dirty Canvas er his Arm. I heard him lift up the Latch of her Door, so I sent my Brother (a Boy, about 10 Years old) to tell him, there was no Body at Home; the Boy came back and said, there was no one at her Door, nor in the Street; while I
Mary Drummer . I was above Stairs making the Bed, and hearing the Noise in Dame Elliot's House, I call'd down to my Brother, and asked him if she was at Home? He told me no, and bid me come down Stairs. As I came down, I heard the Prisoner lock the Door, and saw him go into the Alley. One of his Pockets was stuff'd out, and he had a Bundle under his Arm. After he came out of the Alley, he ran down the Lane, as hard as he could. I told my Brother, - there he ran. About three quarters of an Hour after, I saw him again, and said hold of him I took him; and asked him how he could be so base, to rob the old Woman? He told me, he had met her in Stepney Fields, and she had given him the Key, to carry up a Bag of Iron Nails; she deals in Iron. However, I took him by the Shoulder, and carried him to my own Door; he begg'd Leave to go into the House, because the Mob rose upon him. When I had got him into the House Mr. Jackson got a Constable.
James Ridley . This Mary Drummer , came into our Yard, to wash some Leeks, and told me that Dame Elliot was robb'd. What at Noon Day says I! Yes, said she, and describ'd the Man to me, and told me what sort of a Coat he had on. While we were talking, the Prisoner went by, and we ran after him. We ask'd him what Business he had to rob Neighbour Ellot's House? He said he said he met her in Stepney Fields, and she gave him the Key of her Door to carry in a Bag of Nails. I told him she did not use to buy Iron on Sundays, - so we carry'd him to Drummer's House. Guilty, Felony only .
22. Richard Hawes , was indicted for stealing a wicker Basket, value 2 s. fourteen Quartern, Loaves, value 6 s. and three half Quartern Loaves, value 9 d. the Goods of Abraham Julian , February 10 . Guilty 10 d.
24. 25. 26., Millicent Hoskins , Sarah Oakley , and Elizabeth Holden , were indicted, for assaulting George Read , in the House of Sarah Oakley, putting him in Fear, &c. and taking from him 3 s. Feb. 1st .
George Read . I was going through Hollford's-Alley , which goes out of Great Wild Street, into Drury-Lane, on the first of February, and Hoskins caught hold of me, and would have me give her a Dram. 'Twas about seven o'Clock in the Evening, and I was in a Hurry, but however, I went with her into Oakley's House, and there we had a Dram of Something, - I don't know what they call'd it. When they ask'd me for the Money for it, I told them I had no less than half a Guinea about me, so I left a Pair of Silver Buttons in Pawn with them, while I went to a Baker's in Drury-Lane, to get my half Guinea chang'd. When I came back to redeem my Buttons, they demanded a Shilling for the Dram, which I gave them, and then desired they would let me go; but they refus'd and lock'd the Door, swearing they would have my Heart's Blood if I would not give them a Shilling a-piece. Rather than loose my Life, I gave each of them a Shilling, and seeing a Back-door open, I ran to it, to escape that way; they pursu'd me, and got hold of my Coat, but I got over a Wall into Mr. Hind's Yard, and begg'd of him to let me through. I was not above seven or eight Minutes in the House, - no longer than we were drinking the Dram, and all the three Prisoners were in Company together. I never meddled with any of them, but they threaten'd my Life, and I had no Civility at all from them.
- Hind. I know nothing of the Robbery, only the young Fellow got into my Yard, and offer'd me six Pence to let him through my Backdoor; he told me he got over the Wall from a Parcel of Women, who threaten'd his Life.
Mr. De Veil. The Man appear'd before me, and complain'd of an Assault: I committed them for an Assault and Misdemeanor, and had no Thoughts of seeing them here, indicted for a Felony. All acquitted .
Mr. Holland. I keep a Goldsmith's Shop at Bishop-Gate . On Monday Afternoon last, the Prisoner came into my Shop, and asked to see some Seals. I took out a Drawer, and shew'd him. 5 or 6 Doxen. He look'd over them, and asked the Price of one, and another. At last he bid Money
Prisoner. I was vastly in Liquor; I never knew I had any of them, - I was vastly much in Liquor.
Prisoner. My Lord I know nothing at all of it, - I was vastly in Liquor; I have People to prove that Liquor disorders me vastly, and I live in the Neighbourhood with a Gentleman that entrusts me with a vast Number of Things. The People of the Goal know I was vastly drunk when I was committed.
John. I am his Brother in Law; I have known him about 4 Years, and have seen him - not much in Liquor, but when he is - I am always glad to get out of his Company. As to his Character, - I nothing of that.
Jones. I am a Porter in Borough Market work for his Wife; I have known him 12 or 13 Months. I have heard that he deals in Callamancoes, Muslins, and Handkerchief - not old Handkerchief, - but new ones.
Mr. Dodson. I live in the Borrough As to the Prisoner I know no Good of him; his general Character is but very indifferent, and I desire to be excused from entering into Particulars.
Prisoner. This is because they call me a Molly, and say I am more like a Woman than a Man, and how can I help my Face? Guilty 4 s. 10 d.
31. John Bromley and John Orton , otherwise Long John , was indicted for stealing a Stone Bottle, value 18 d. and 4 Gallons of Oil, value 6 s the Goods of Joseph Welch in his Shop , Jan. 5 . Both Acquitted .
John Bromley a 2d Time was indicted for breaking and entering the House of Thomas Ward , about 2 in the Morning, and stealing a Pewter Dish, value 2 s. 2 Pewtor Plates, value 12 d. 3. Hens, value 3 s. and 2 Stone Mugs, value 6 d. Dec. 24 .
Thomas Ward . I live at Stamford Hill , in the Parish of Hackney. On Christmas-Day in the Morning, between 1 and 2, the back Part of my House was broke open, and I lost the Things mention'd in the Indictment. I heard the Rogues at Work and got up, and call'd out, - Who's there ! - what are you at! for I thought at first it had been our Maid got up so early, but looking down Stairs and neither hearing nor seeing any Body, I went up Stairs again, and was afraid Thieves had got in, and that they would shoot me; so after I had look'd out of my Chamber Window and saw no Body, I went to Bed again, and in a quarter or half an Hours Time I heard the Bolts clink, upon which, I got out of Bed, and call'd out, - Who's there! Then I went to Bed again, and lay till Morning. When I got
Frederick Eadon , a Dutchman. On Christmas Eve last, the Prisoner went to his Stall in Shoreditch - (he's a Cobler ) and fetch'd out 2 pair of Pinchers and a Sack. He and I went out to get something to maintain us in the Christmas Hollidays, from this Mr. Ward's House. The Prisoner got into the Garden on the back of the House, and I staid on the Outside; I saw him break; Boards from the Back of the House; then he got in and open'd the back Door for me to get in to him We look'd about the House, and took 2 Pewter Plates and a Dish, and 2 Mugs. Afterwards he went among the Fowls, and got hold of one, which he kill'd, and bid me put it into the Bag while he fetch'd more; then he got 2 live ones, which we put into the Bag, and he was going again to get something else, but the Man of the House calling out, we push'd off.
Ward. The Noise of the Fowls wak'd me the first Time.
Eadon. We went again to the House in a quarter of an Hour's Time, and found the Sack, (which we had thrown under the Hedge, when we ran away) safe, where we left it, with all the Things in it, and hearing no Body stirring in the House, the Prisoner went in again, and brought out a Pan, with some boil'd Meat and Broth the Meat he put in his Pocket, and the Broth he left in the Yard. When we had got what we could, we came about 3 o'Clock in the Morning to our Lodgings at Mr. Allen's, where we kill'd another of the Fowls, and had the two bak'd in a Pye for our Christmas Dinner. The other five Fowl the Prisoner sold to a Woman in Shoreditch for a 1 s. The Pewter we sold at a Pewterer's Shop, - the first Shop in Houndsditch, on the left Hand side of the Way, and we shar'd the Money between us. I have been an honest Man before, - but the Prisoner has been the Ruin of me.
Prisoner. I see, what he says, - but I was never out with him in my Life.
Whitemore Wilson. I have known the Prisoner from an Infant his Character is, that he work'd with his Father to get an honest Livelihood, - he's a Cobler by Trade, as we may express it in the Tongue. I never knew he was call'd in Question before, - but only once for a Childish Thing, - for taking a little Fruit. When he's in Liquor he'll be a little out of the Way indeed.
He was likewise acquitted on the 3d Indictment.
37. Mary Thomas , was indicted for assaulting Nicholas Felton , in the Dwelling House of the said Mary, putting him in Fear and Danger of his Life, and taking from him a Silver Watch, value 5 l. a Silk Handkerchief, value 12 d. an Iron Tobacco Box, value 12 d. a Silk Purse, value 12 d. ten Guineas and a half, sixteen Shillings in in Silver , Feb, 21 .
Mr. Felton. I was going Home the 21st of this Instant, about eleven o'Clock at Night, and this Woman met me, and got me into her House in Bluegate Fields , - 'twas her own House, and she took me in, - in the Way of Design to murder me, - she forc'd me into her House, and robb'd me; I was a little in Liquor She took me into the House, - she forc'd me, - she l'it of me in the Way, - we have Proof enough of the Affair - here's the Constable. I met her in Ratcliff-Highway, and she did what you may say - pick'd me up; I was found in a House, - but here's the Constable, - he'll give an Account of it I believe. - Why I do tell you, - but here's the Constable; he can tell you more; - I can't give no (any) farther Account. I was robb'd, - why, I don't know how I came into her House, but by her Instructions, and she carry'd me into the upper Part of it, - the uppermost Room in the House, - yes, - the Garret, - I suppose it may be so call'd - These was no Body else but the Prisoner, and she forc'd me up, and made me stay, - about 2 Hours, - the Constable came; - here's the Constable, - he fetch'd me out. He heard a Gentleman was robb'd - he had an Information. I employ'd my Time while I was in her House, - said I fell asleep. I have
Michael Bell , Headborough. Last Tuesday Night I went out with Watchmen to visit Bluegate Fields, - 'tis a most notorious Place. In the Way thither I met a Woman, who told me, a Man well dressed was fallen into Mall Thomas's Hands, and she believ'd he was stripp'd. I ask'd her where he was? She directed me to the House, and I found the Door open, between 12 and one o'Clock. In the lower Apartment I found no Body, but above Stairs in a Corner of the Room, there were Cloaths spread, and the Gentleman was lying upon them. I found him fast asleep, but I 'waked him, and after he had look'd about him a little, he got up and said, he was robb'd of his Watch and his Money. I wonder'd at his Cloaths being left, and that she had not taken them away; but they were there, and he drest himself, but he could not tell how he came there. When we came into the Street, People told us that Moll Thomas was at Ray's, at the Blue Gate. I went thither and knock'd at the Door, but they would not open the Door. At last one Coleman a Bailiff of Whitechappel Court, heard my Voice, and he let me in. I told the People of the House, I wanted Beer for my Watchmen; no, no, says Coleman, you shan't drink Beer, we have got Wine enough above Stairs. So I went up Stairs, and there I saw the Prisoner sitting upon a Bed in the Room, in a fine ruffled Smock. I told her she was my Prisoner, and asked her for the Gentleman's Watch; she told me 'twas pawn'd for a Guinea, and asked me if I had brought the Money to redeem it? I sent for the Gentleman up Stairs, and he charg'd me with the Prisoner. I desir'd him to let me know how he lost his Money and Watch, but he was so surpriz'd when I first 'wak'd him, that he could hardly speak, but when we were at the Watch-house, he explain'd himself. When I asked her for the Watch, at the Blue-Gate, another Woman gave it to her, and she put it into her Bosom; but on my threa'ning her she deliver'd it.
Bartholing Brinkley . I was that Night at a Place where they sell Gin; and I heard a Gentleman was lost in Moll Thomas's House; Mr. Bell knock'd at the Door, and I open'd the Wicket, thinking Informers were at the Door. I told them they had more need go to Thomas's House, and take Care of a Man that had been robb'd there, than come to trouble us.
William Tumber a Watchman confirm'd Mr. Bell's Evidence, and was very particular in his Description of the House, and the Condition in which the Prosecutor was found. He deposed farther, that in the Account which the Prosecutor gave of the Robbery, he made use of the Word They, - They had threat'ned him, &c.
Prisoner. I had been out that Night, and when I came Home, I found the Prosecutor with two Women. He bid me fetch some Beer, and I went for 5 or 6 Pots I believe. Then he asked me to let him lie there all Night; I told him he might if he pleased, but he could not give me less than 6 d. for a good Bed. Why then, which of these Girls must I lie with, said he, I told him, Sir, if I lie with any Man besides my Husband, it shall be with you. He said he had no Money, so he left his Watch with me, I took it, and went to Mr. Ray's at the Blue-Gate, where they found me. I told Mr. Ray, a Gentleman had desir'd to lie at my House that Night, so I was come to trouble them for a Lodging.
Prosecutor. Tho' I might make use of the Word. They when I gave an Account of the Robbery, yet there was no Body with me but she, - and she robb'd me. Acquitted .
John Reynolds , of Cranfield , was indicted for willful and corrupt Perjury in an Information, exhibited before the Worshipful, Mr. Justice Probyn ; but the Plaintiff not proving the Information, the Defendant was acquitted .
43. William Russell , late of London, Gent . was indicted, for that he on the 30th of Nov in the Parish of St. Dunstan's in the West, feloniously made and forged an Acquittance and Receipt for Money, under a certain Account; which Account and forged Acquittance is in the Words and Figures following, viz. Guiren against Bancillion. Bill, 23 l. 4 s. 1 d. - 12 l. 10 s. 5 d. - 10 l. 13 s. 8 d. - half Profit, 5 l. 6 s., 10 d. - Costs out of Purse, 12 l. 10 s. 5 d. - my Dividend, 5 l 6 s. 10 d. - 17 l. 17 s. 3 d. - Receiv'd 4 l. 4 s. - Due to me 13 l. 13 s. 3 d. Receiv'd the above Contents. R. Gately.With Intent to defraud Roger Gately , one of the Solicitor s of the High Court of Chancery. And for uttering and publishing the same, knowing it to be forged and counterfeit.
The Councel for the Prosecution having open'd the Charge, the Court observ'd that the Indictment was not laid within the Words of the Statute, made in the 2d Year of his present Majesty, Chap. 25. and which was made perpetual in the 9th Year of the King.
It was farther observ'd, that the Paper produced, appear'd rather a Bill of Costs. That if it was a Receipt, it was not express'd, who received. That as it was worded, the Receipt could not with any Propriety of Construction be apply'd to the Word Costs; and that the Paper appearing but a Memorandum, it was not applicable to the Case, as the Councel had open'd it.
Mr. Russel. I humbly hope these Objections may be wav'd; and that the Court will be pleas'd to enter into the Merits of the Case.
Councel Defendant. I beg leave to give the Gentlemen on the other Side this Hint. - That neither Mr. Gately's Testimony, nor his Affidavits, can be admitted in Evidence. The Case between the King and Whiting, is a Case in Point; and 'tis laid down by the Lord Chief Justice Holt, that where a Person is concerned in Interest, he cannot be a Witness.
Councel Plaintiff. I presume Mr. Gately is an Evidence in Law; for supposing we convict the Defendant on this statute, the Benefit of the Clergy is taken from him, and every Thing he has, will be forfeited to the Crown; by his Conviction therefore Mr. Gately loses all Prospect of Satisfaction, - 'twill be out of the Defendant's Power to make him any, if he is convicted. The Objection against a Man's being a Witness, arises from his being concern'd in Point of Witness, and from it's being to his Advantage that he should be a Witness. But when 'tis to his own disadvantage that a Man appears as a Witness, he has always been allow'd a legal Evidence; as a Man may give a Testimony to charge himself. Now in this Case, if by Mr. Gately's, Evidence the Defendant should be convicted, Gately will be depriv'd of ever having any Satisfaction. What is he doing? Why he is prosecuting a Man, to convict him of an Offence, which Conviction takes away all Prospect of his having any Recompence.
The Prisoner was acquitted , and the Court granted him a Copy of his Indictment.
44. 45. Edward Polson , and William Richford , were indicted for stealing a Bolster of a Bed, a double Dutch Blanket, and other Goods; a Guinea, and 16 Shillings in Money , the Goods of John Royals , Jan. 38 . And
The Defendants were acquitted , and the Court order'd them a Copy of the Indictment.
51. Thomas Downes , was indicted for stealing 3 linnen Shifts, value 3 s. two linnen Aprons, value 2 s. and a Handkercheif, value 6d the Goods of Judith Church , from her Person, Feb. 10 . Guilty 10 d.
Mary Green , Feb. 17 . Guilty 10 d.
55. Mary Wilson , was indicted for stealing 6 Silver Tea Spoons, value 16 s. a large Silver Spoon, value 10 s. a Gold Ring, value 16 s. 8 Guineas, and 10 s. in Money, the Property of Mary Kinshillug in her Dwelling House , Nov. 9. 1735 .
Mary Kinshillug. The Prisoner came into my House, and laid she was just come off the Water; she call'd for a Quartern of Brandy, complaining she was very cold. I was drinking Tea, so I invited her to drink a Dish to warm her; I got her some Toast and Butter, and made very much of her, tho' she was a Stranger. In our Conversation, she told me she had a Brother who was a Holland Trader, and for my Civility she would make me a Present of a quarter of a Pound of Tea. Thus we passed away an Hour or two, and then she asked me, if I had a Room in the House to spare; for if I had her Brother (she said) should make use of it. I shewed her my Dining-Room above Stairs, and she order'd a good Fire to be made in it against her Brother came. The next Day she came again, and told me she was a Seventh Daughter, and had studied the Planets, and that there was hidden Treasure in my Cellar, - (but 'twas she found, the Treasure, - and I lost it.) When I heard there was Treasure in my Cellar, I told her I wish'd she could find it, - if she did, she should take what she pleased out of it for herself. Why, won't you believe me, said she, I said I could hardly think there was any; but she fell down on her Knees, and wish'd bitter Wishes if it was not true; and on Account of this Treasure, she directed me to put all the Money an valuable Things I had in the House together in a Napkin, and lay it on the Table. I did so, and wrapp'd up 16 Tea Spoons, a large Spoon, a Gold Ring, 8 Guineas, and 10 s. in Silver. Then she took a Pound of Bay Salt and a Pewter Spoon, and wrapp'd the Spoon and the Salt up together. I was call'd down to a Customer, and when I went up Stairs again, all my Things were gone, and she too. I never had any of them again. I am positive the Prisoner is the Person that robb'd me; tho' she is dirty now, she was clean then. I am sure she gave me so aching a Heart, that I could have remember'd her 20 Years. I could have remember'd she was with me 2 Days, a conjuring me out of my Senses.
- Gray. The Prisoner is the Person who was there 2 Days: I was at the Door when she went out with Kirshillug's Money and Goods, when she was out of Doors, she turn'd back and desir'd me to keep a good Fire in my Room, for she was coming back again with a great quantity of Tea in 5 Minutes, and she would put it in my Room, because she did not care (she said) to trust my Landlady Kinshillug. She was call'd out of the Dining Room from the Prisoner, to give Change to a Customer below; and in the mean Time she ran away.
Kirshillug. There was no Soul in the Dining-Room but she and I talking about the hidden Treasure, I left her but a very little while, but when I went up Stairs again she was gone, and all my Money too.
- Galloway. I saw Kingshillug carry her Spoons and Things up Stairs, and I am positive there was no one but she and the Prisoner in the Dining-Room. I saw her come running down Stairs (after the Prisoner was gone off,) - crying out, she had lost all her Money, &c.
Hannah Christopher . Six Years ago, last May, I went with the Prisoner from Bristol to Ireland; I would not speak a Lye in any Reference, but I saw her in Captain Ponter 's Ship last Michaelmas Day was 2 Year coming for England. She lodg'd in the same House with me in King Street, Dublin, we work'd together, and I was Foot to Foot with her, and never out of her Company. I live at one Mrs. Whiting's in White Chappel Guilty .
A Witness. On the 28th of Jan. I was waiting at Table, the Prisoner knock'd at the Door, I went to the Door, but my Fellow Servant coming up at the same Time, he asked her for a Basket of Dust for the Paviours. There were no Paviours at Work in the Street, but however, we let him go down in the Kitchen, and I return'd into the Parlour. Immediately afterwards, I had Occasion to go down into the Kitchen, and met him coming up the Stairs; he ran out and slapp'd the Door after him. He was no sooner gone, but my Fellow-Servant observing the Print of Spoon in the Sauce, which was in a Dish I had carry'd from Table just before, she asked me if I had brought down a Spoon in that Dish? I told her I had. Then he has certainly got it, says she I ran out into the Street, and enquired for the Prisoner, and the Men who were dressing the Lamps in the Street took him; I swear to the Prisoner
Prisoner. I am a Potter ; I know nothing of it, I never followed that Exercise. Acquitted .
57 Mary Douglas , otherwise Mary the Wife of Roger Allen , was indicted for stealing a Cambrick Handkerchief, a linnen Hood, a holland , a double Cambrick Handkerchief, and other Things , the Goods of Thomas Jennings , Feb. 10 .
She was a third Time indicted for stealing a Leghorn Hat, a Yard of silk Damask, 11 Clouts, three Shirts, seven Caps, and four Neckcloths , the Goods of Charles Doleman . To this Indictment she pleaded Guilty .
She was a fourth Time indicted for breaking and entering the dwelling House of Charles Doleman, a stealing a Peruke, value 30s. a velvet Hood, value 18 s. a silk Hood, value 2s. a silver Stock buckle, value 2 s. and several other Goods , February 7 . Acquitted of the Burglary: Guilty Felony .
Amy Cox. I keep a Publick House , and the Prisoner was my Husband's Nurse in his Illness. The Maid brought the Spoon to me, and I gave it the Prisoner to put it up, for Fear it should be lost. I asked her about half an Hour afterward, where she had put the Spoon? She deny'd I had given it to her, and made two Women who were in the House, be search'd. They insisted upon her being search'd likewise. We took hold of her Cloaths, and in shaking them, the Spoon dropp'd from her; she said it dropp'd from some of us, but I am sure it drop'd from her, and the pewter Plate was actually taken out of the Bosom, - bent in this Manner. I am positive 'tis mine; there's my Name, and the Mark that's upon the rest of my Pewter. I believe 'tis the first Time, and that she was in Liquor.
62 63. James Lovell , and William Staines were indicted (with William Matthews , not taken) for assaulting Ann the Wife of Sampson Lowry , in a certain Street, and on the King's common Highway, putting her in Fear, &c. and taking from her a Pocket Book, value 6d. the Goods of Sampson Lowry , Jan. 7 .
Ann Lowry . About the Beginning of January my Husband was in Company with one Hart, a vile Fellow, at the White Swan, in Fitter-Lane; Hart having occasion'd him to spend 20 l. I went to the House to persuade him to come Home. This Fellow, Hart, told me, I had no Business there; I said, - no! - what have I no Business with my Husband! Well; I got a Fowl for Supper and order'd it to be dress'd, thinking to entice him Home. At last he did come Home; and I told him, I hop'd he was in a good Humour now. Aye, - come let's go to supper, said he, and I thought all was over; but this Hart came into the Room, and persuaded him to go out again; I spoke to Hart, and my Husband made me get out of the Room, and would not let me come in again; so they eat the Fowl themselves. 'Twas but a little before, that I had pass'd a Fine, before the Lord Chief Justice Willes, to raise Money that he might pay off his Debts, and I was afraid of his embezzeling what he had about him, so I got to him again, and perswaded him to come Home: He told me, he would give me some Money, and he pull'd out 11 Guineas which I took, and 20 l. Bill likewise. I asked him for the 40 l. Bill he had about him, - Pray my Dear give them me, - you'll then have 20 l. behind. He had at this Time, only his Gown and Waistcoat on, and wanted his other Cloaths; I went back to fetch them, and when I returned, I found his Night Gown and Waistcoat in a young Fellows Hands, and my Husband was going to fight in the Publick Room. I knew there was a Pocket
Prisoner Lovell. If you knew you was robb'd of the Book, why did you go out to look for it with Lights?
Mrs. Lowry. I immediately cry'd out, I would give any body half a Guinea, if they would help me to it again; and some People came and told me it was found. I desir'd Lights might be got, but when they came to the Place, there was nothing but some Pieces of Paper torn and thrown about.
Benjamin Ingram . On the 17th of January I was going up Bow street , to Bloomsbury, and there I saw Lovell, and his Landlady and Mrs. Lowry, talking together. I turn'd into Hind street, and before I got half way up the Street, I heard a Cry of Stop Thief; I turn'd and saw Lovell running and crying out Bailiffs! Bailiffs! He turn'd up the first Turning, and ran round the Fish-Market. I walked up the Corner, and met him, and laid hold of him. Mrs. Lowry came up and said God bless you, - he has robb'd me of 60 l. I had him into an Alehouse, where she charged a Constable with him. The Constable searched him, and in his right Hand Pocket, (in which the Prisoner constantly held his Hand) he felt something, and told us, he suppos'd 'twas the Pocket-Book. He was pulling it out, but the Prisoner snatched it from him, and gave it Mrs. Lowry, - Madam, said he, - there's your Book. 'Twas ty'd up in a Piece of brown Paper; this is the same, - I am positive to it. She open'd it, and there was a 40 l. Note in it, N.H. 29. Payable to William Richardson . Upon this we put the Note into the Book again, and carry'd him to Mr. De Veil, who committed him.
George Hunt . As I was at Work in my Room at Bloomsbury, I heard a Cry of Stop Thief! I look'd out of the Window and saw Lovell turn up Soper's Row. I whipp'd up a Court and came upon him. Ingram was then coming through the Posts, so I laid hold of him, on one Side, and he on the other. When we took him he kept groping with his right Hand in his Pocket, I asked him what he had in that Pocket? Nothing (said he) that you shall see. I told him he should not take his Hand out of his Pocket, 'till I had got him into a House, out of the Mob. When we were in the Alehouse, Mrs. Lowry charg'd him with having robb'd her of 2 Bank Notes, and the Constable took the Pocket Book out of his Pocket, but he snatch'd it from him, and deliver'd it himself to Mrs. Lowry. The 40 l. Note was in it, but the 20 l. Note the Prisoner told her, was gone. He confess'd before Mr. De Veil, that he had given that, to Matthews, (the Person not taken) to get it chang'd away, and that Matthews had brought him mine Guineas and a Half out of it. Mr. De Viel asked him who had the rest of the 20 l.? He said, Matthews, and the Prisoner Staines had all the Remainder.
Joseph Armstrong , Constable. I took Charge of the Prisoner Lovell, and took the Book out of his Pocket, as hath been related. Upon searching him farther, I found upon him a new Peruke, and 17s. and 5d. and a pair of metal Buckles. Mr. Deveil committing him to the Gate house, I carry'd him there, and found Dorrel confin'd upon the same Account. Dorrel was very desirous of being examin'd by Mr. Deveil, and the next Morning he sent for them both before him, and after Examination, Lovel was sent to Newgate, and Dorrel to the Gate house.
William Dorrel . On Thursday Jan. 13. the Prisoner Staines came to me in Brewer street, and told me a Friend of his had found a 20 l. Bank Note, and if I could get it changed, it would be of Service to us both. I said, I believ'd I could get it done; upon which he carry'd me to an Alehouse in Fleet street, where I saw Matthews, and the Prisoner Lovel. Staines told Matthews, that I was the Person that could get his Note chang'd. I thought I could perswade Mr. Lewis to do it for me; so we all went to his House, and I told him, if he would change a 20l. Bank Note I would pay him what I ow'd him. He consented, and Matthews catch'd up all the Money, but 4 Guineas, which Staines was to have for his Trouble, and out of these 4 Guineas I had 3, only I paid for a Bottle of Wine, and made Staines a Present of a Crown more. The next Morning I saw the Advertisement in the Daily Advertiser, and that Payment was stopp'd at the Bank. I advised Lewis to keep the Note for some Time, but the Sunday following he brought Capt. Lowry to an Alehouse in the Neighbourhood, and sent for me, and detained me.
Ralph Lewis . Dorrel having borrow'd 2 Guineas and 3 s. of me, he came to me 2 or 3 Days after, with 3 Men, and told me if I would change a Bank Note of 20l. he would pay me my Money. He told me 'twas a very good Note, but as I can't read my self, I shew'd it to a Man in the House, and he told me 'twas good. I fetch'd the Money, and Matthews took it all. The next Morning I asked Dorrel how he could serve me so villainous a Trick? and Mrs. Lowry coming to me, I inform'd her how to come at him.
Lovel. The 7th of Jan in the Evening, Mrs. Lowry and her Husband were quarrelling at the White Swan in Fetter-Lane; she ran away with his Gown and Waistcoat, he followed her into the Street, and about 30 Yards from the Door she fell down, he dragg'd her thro' the Kennel to the White Swan, and then she said, she had dropp'd her Pocket Book and Notes. The People ran to look for it, and I among the rest, and 'twas my Fortune to find it.
William Hadley . On Saturday the 7th of Jan. between 8 and 9 in the Evening, I saw a Man in his Shirt run along Fetter-Lane, and several People were with him; I ran with the rest, and saw the Gentlewoman fall down; I saw her when she was falling, and not before. She got up again, and the Man took hold of her, and forced her back again into the White Swan. I did not follow them into the House, but in about a quarter or half an Hour, I saw People with Lights, who said they were looking for a Pocket Book with Bank Notes in it; I believe Mrs. Lowry herself was among them. The beginning of the Week I saw an Advertisement in Lawrence's House, (the White Swan) stuck upon the Dial Case, - Lost on Saturday Night over against the Black Raven in Fetter-Lane, a Pocket Book with 3 Bank Notes in it, &c. I saw Mrs. Lowry several Times that Week, and she never complain'd of its being taken out of her Bosom, as I heard. As soon as she heard of her Notes, then she said the Book was taken from her, and not before. I am a Porter, and work for Mr. Perry the Carrier.
Jury to Mrs. Lowry. Was your Husband out with you that Night in the Street?
Mrs. Lowry. After I was got up again, and the Pocket Book was taken from me, they set a Bull Dog upon me, and I cry'd out, for God's Sake take off the Bull Dog.
Jury. We ask you whether your Husband was with you in the Street when you was down?
Mrs. Lowry. I can't tell, - when I was down my Husband came to take me in.
Jury. Are you sure it was not your Husband that knock'd you down?
Mrs. Lowry. That I can't say. I complain'd then that my Pocket Book was taken from me, but there was so much Mob, that my Husband could not come near me. I told them I would stop Payment at the Bank on Monday, and that the Notes would do none of them any good; I believe I said this in the Alehouse.
William Monk . The Day the Prisoners were committed Mrs. Lowry told me, (talking with her about Lovell) - Lord bless me, I won't swear the Man robb'd me for the World. God forbid I should, - my Husband might take it from my Bosom, for ought I know. I am a Taylor by Trade, and live at the 3d House in Plow-yard, Fetter-Lane.
Michael Ryan , a Chairman My Partner (Brydon) and I carried the Gentlewoman from Brewers-street to Fetter Lane; when we set her down, she told us 'twas crossing that Kennel she lost her Pocket Book. Madam, says I, I thought you was robb'd of it; no, says she, I should be a very wicked Woman if I say so. I fell down and lost it out of my Bosom. At the same Time she clapp'd her Hand to her Breast, - but I can't swear whether it was her right - or her left Breast.
William Hart . I live in Church Yard-Alley in Fetter Lane. This Gentlewoman's Husband was at any House to hide himself on Account of Debts On Saturday after Twelfth Day, his Wife and he had Words, so he asked me to go and drink with him at Lawrence's. While we were there, the Captain quarrell'd with a Gentleman, and got up and shewed his Wrists; he said he was a strong Man, and double jointed; at last he threw off his Gown and Waistcoat, and gave them to a Boy to hold; there being a Pocket-Book and a Purse in the Waistcoat Pocket, his Wife took them from the Boy and ran into the Street, he follow'd her, but I staid in the House. In a little while she came in again, complaining her Husband had abused her grosly, and had dragg'd her in the Kennel, by which Means she had lost her PocketBook; she gave a Boy 2 d. to buy a Link, and she went up and down the Street to look for it
Mrs. Lowry. This is the Fellow that kept my Husband drinking Hot-pots and Gin; and was the Occasion of all this Affliction to us both. Both Acquitted .
64. Susannah Bristow , was indicted for stealing 14 Green Serge Window Curtains, value 5 l. 5s. a blue Durant, ditto, value 2s. 4 red china ditto, value 4s. 15 Yards of red Cheney, value 10s. 4 Yards of green Cheney, value 2 s. and a yard of blue Serge, value 12d. the Goods of John Mitchell , Esq ; Jan 3l . Guilty .
Mary Room. I keep the Swan and Horshoe in Wild Street . I can't tell the Day of the Month, but 'twas on a Thursday, - the Day before the Court would not take Bills, - last Sessions; the Prisoner and Harris and Slowman came in and call'd for a Bottle of Wine, and after that - another. I had shewn them into a Room even with the Bar, and they asked me to drink with them. After this I went into the Bar, and the Prisoner followed me, and began to be rude with me. I had a Wrapper on, and my 2 Pockets were on the outside: I had nothing in the right Hand Pocket but a Bunch of Keys and a Moidore, which Money I missed immediately: I was sure his Hand was in my Pocket, for I felt him, but I thought he was going to throw my Wrapper aside; at that Instant I missed my Money, and I am positive I had it in my Pocket 3 Minutes before. He endeavour'd to get out of the House, but I charg'd him with the Fact, and lock'd up the Doors till I could get an Officer. Slowman got away, but I carry'd the Prisoner before Captain Mitford . I apprehend he was drunk, for he only gave the Justice a few wicked S ings. I charg'd Harris as an Accessary, but he was never out of the Room.
Mary Norman . I am Servant to Mrs. Room. I saw the Prisoner go into the Bar with my Mistress, he was very rude with her there, and in a Minute she turn'd as pale as Death, and cry'd out, - she had lost a Moidore. There was no one but the Prisoner and she in the Bar; Slowman stood at the outside of the Bar, and asked the Prisoner what he was about? She said nothing at all to Harris, but when we sent for the Watch to take charge of the Prisoner, Slowman got off. Harris was not out of the Room where they were drinking.
- Longbottom. I live at the Globe Tavern in Drury-Lane; I am a Servant there, and do all the Business relating to the Wine Trade. About 5 or 6 Weeks ago, Mrs. Room sent for me to assist her, telling me the Prisoner had robb'd her. I sent for the Watch to carry him to the Round house. As we were going up Colson's-Court, he offer'd me a Guinea to let him go, and told me, if he should be sent to Newgate several other Things would come against him. I refused to let him escape, and he then call'd out, - Informers! - Bailiffs! - all the Way we went. The Prisoner is a notorious Fellow for playing a Knife, therefore she sent for me to secure him. I am no Constable.
Prisoner. This Man is a Waiter at a bad House, and is a Party concern'd with the People that live there.
Catherine Collins . On Saturday in last Sessions, I saw this Woman in a Beer-House and heard her say, her Evidence was not strong enough to hang Brian; therefore she would put it off 'till next Sessions, and then she would get a Man to hang him, right or wrong. This was at the Yellow Lion by Hick's Hall. I and the Prisoner's Sister. Acquitted .
68. William Clark , was indicted for assaulting Mary Humphries , in a common Street call'd St. Mary Hill , and being then driving two Horses in a certain Cart, by the Tail of the said Cart he feloniously and furiously drove the said Mary, to and against a Wall, giving her in, and on the Breast and Stomach, a mortal Bruise, of which she instantly died . Jan 12 . Guilty, Manslaughter .
69. John Mitchell , was indicted for stealing two Silk Aprons, value 10 s. two Yards of Silk, value 2s. a Pair of Silk Stockings, and other Things , the Goods of William Hudson , January 13 . Acquitted .
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, 27.
Susan Bristow , William Simmonds , James Jones , Thomas Holloway , James Coulthorp , Richard Dean , W - B - , Mark Page , Bartholomew Bowler , John Thomas , Mary Douglas , Richard Howes , John Kivington , William Moreland , Philip Shovel , John Stevens , James Burnett , John Hall , John Lovett , Thomas West , James Powel , Jane Morry , Robert Brecken , Mary Wilson , Samuel Liberty , Jonathan Richardson , and William Wiltshire .