THURSDAY the 18th, FRIDAY the 19th, and SATURDAY the 20th of May.
In the 11th Year of His MAJESTY'S Reign.
Fifth SESSIONS in the MAYORALTY
Right Honourable Sir John Barnard, Knight,
LORD-MAYOR of the CITY of LONDON.
For the YEAR 1738.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane.
M.DCC.XXXVIII. (Price Three-Pence.)
N.B. The Public may be assured, that (during 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 One such Three-penny Book, without any farther Burthen on the Purchasers.
BEFORE the Right Honourable Sir JOHN BARNARD , Knt. Lord-Mayor of the City of London; the Worshipful Mr. Justice PROBYN, Mr. Baron THOMPSON , Mr. Baron FORTESCUE , SIMON URLIN , Esq; 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.
Mr. Lane. On Saturday Se'nnight last I went out about some Business, from my House in Bow-street Covent Garden ; in the Evening I return'd Home, and missed 39 Guineas, which I had left in my Bureau. The next Day, (Sunday) the Prisoner who was then my Servant , went out, and not coming Home all Day, I began to suspect he had taken the Money. In the Evening the Man who keeps the Black-Horse Ale-house in the same Street, came and told me the Prisoner was at his House; that he came thither in a Hackney Coach, and had chang'd a Guinea to treat the Coachman and a Soldier who were drinking with him. When he came Home, I sent for Mr. Morris the Constable, who search'd him, and in my Presence took a Guinea out of his Shoe. He did not confess any Thing at this Time; but when he was before Colonel Deveil, he own'd he took the Money out of my Bureau; that he had bought a Gold Watch, which cost him 13 Guineas and a half; that he had spent some of the Money, and the rest was hid with the Gold Watch in a Vacuity between the Bricks, in the Necessary House at the Black-Horse; and according to his Confession, the Gold Watch and 13 Guineas were found there.
Thomas Hancock , the Soldier. I live in St. Anns Westminster. On the 7th of this Month, about 7 o'Clock in the Evening, the Prisoner sent for me to drink with him; while I was in his Company he pull'd out a Gold Watch, I told him he had got a very fine Watch. Yes, says he, I thank God. I am in a good Way of living now. When the Reckoning came to be paid, he pull'd out a Guinea, and chang'd it; and the Landlord seeing he had a Charge of Money about him, perswaded him to go Home. All this Time there was a Hackney Coach waiting for him at the Door, and as he had this Charge about him, I went into the Coach with him, and we rode to Westminster-Abbey, where he treated the Coachman and I with another Pot of Beer. He told me, that neither the Money nor the Watch were his own; and I asked him how he could make bold
John Morris , Constable. On Sunday was Se'ennight in the Evening I took Charge of the Prisoner, and found a Guinea in one of his Shoes. Upon which he was carried before Mr. Deveil, and charg'd with this Robbery. At first he would confess nothing, so he was committed for farther Examination; but when he was brought before Mr. Deveil the second Time, he told us where he had hid part of the Money and the Watch, and according to his Direction, I found 13 Guineas, a Six-pence, and a Penny, and the Gold Watch, behind some Bricks under the Seat in the Necessary House, at the Black-Horse in Bow-Street He acknowledged at this Time it was his Master's Money, and that he had bought the Watch with part of it. He confessed the whole again on the Thursday following, and that he took the Money out of Mr. Lane's Scrutore.
Luke Hollis . I carry'd the Prisoner that Day from Place to Place, and I observ'd he was full of Money, for as I was driving along, he call'd out, - stop, stop Coachman; I got down to see what he wanted, and found him picking up Gold from the Bottom of the Coach.
Prisoner. I was in Liquor, and don't remember any Thing of it.
Mr. Lane. He had been bottling some Ale that Saturday, if that Circumstance will be any Relief to him. The Jury found him Guilty , Death .
Mrs. Bowers. I keep a Publick House in Well-Close-Square , and wear a Gold Chain. He was drinking in the House in a Sailor's Habit, and while my Maid was gone to buy him some Tobacco, he got up, and came to me as I sat under my Clock, and swore he would have something or else he would blow my Brains out. Immediately he pull'd out a Pistol and shot me in the Arm; I kept my Bed 4 Months, and the Bullet is still in my Arm. My Maid was gone for Tobacco for him, and my Husband was then sick a Bed, so he got away, and took the Drudging Box with him. He was afterwards taken, and I was perswaded to let him make himself an Evidence, and he hang'd 2 Men at Guildford. I swear he took the Drudging box, and I have indicted him at Hicks-Hall for shooting me.
Prisoner. Examine her Maid: This Woman took me up in the County of Surrey for this Fact.
Eliz Cooper . I have liv'd with my Mistress Bowers 8 Years. She took the Prisoner to be a poor Man, so she let him lie 2 Nights in the House, and gave him Victuals. The 3d Night he came with the Man that was lately hang'd at Guildford; and the Prisoner said he would treat my Mistress with a Supper for her great Civility to him. After Supper he sent me out to buy him some Tobacco, and I was returning into the House, I heard the Pistol go off; I ran into the House, and saw the Box full of Smoak. Lord! says I, what's the Matter! Lord! says my Mistress, the Rogue has kill'd me. He threw his Arms about her Neck and would not let her come out of the Box, so I call'd him Rogue, and attempted to run up Stairs, but he then left my Mistress, and caught hold of me; he d - mn'd my Eyes, and said, if I spoke a Word he would kill me. However I got from him, and went out to call the Watch; the Flower-box was then standing upon the Table, but when I came back, the Prisoner was gone and that too.
Prisoner. Did not I pull out half a Guinea to pay the Reckoning?
Prisoner. Yet the Maid swears the Mistress maintain'd me.
Eliz. Symonds. The Prisoner took out half a Guinea at the white Table, and desir'd Mrs. Bowers to change it; immediately I heard the Pistol go off, and saw the Smother, and she cry'd out, he had kill'd her.
Prisoner. Ask her whether she saw any Pistol, either upon me or my Comrade?
Symonds. No, but I saw the Hole in her Gown Sleeve, and the Blood running about. Some Time after, - but not that Night, she said he had stole her Drudging box.
Prisoner. They'll all swear a Cow's a House This Bowers keeps a Bawdy House. She took me up 3 or 4 Sessions ago; I made my self an Evidence before Sir John Lade , and hang'd my Comrade at Guildford. Jack Thrift the Hangman, - please to call him. - he knows I hang'd my Companion and another Man there, and now she thinks to hang me, - for her Drudging BoxDaniel Malden who broke twice out of Newgate, was taken at this Woman's House. I own myself a Rogue before all the Honourable Court; but Jack Thrift knows I cast two Men at Guildford. I have paid many a Pound for frequenting this House, and if I was to die To-morrow, I never was guilt of so pittyful a Theft. She herself wanted to buy a Watch of me for her Husband. Tis a likely Story indeed - that I should shoot her, when I lodged in her House, and at this very Time there were People drinking there. Acquitted .
3. Honour Penery , was indicted for stealing a Brown Silk Gown, a Cotton Gown, two lac'd Caps, three Cambrick Handkerchiefs, a Holland Apron, a Cambrick Apron, and a check'd Apron, the Goods of Jane Ellard , in the Dwelling house of John Pullen , in the Parish of St. Bride's March 20 .
Jane Ellard On the 19th of March I was going along one of the new Streets near Grosvenor-Square, and two Women came up to me from the other Side of the Way, and told me I had a mighty pretty Gown on; - pray, says one of them, what did it cost a Yard? I informed them what I gave for it; Oh! 'tis a sweet pretty Thing they said, - pray which Way are you walking? I told them I was going to look after a Place; they said I should have the Refusal of two or three very good Places, and if I would tell them where I liv'd, they certainly would come and give me Directions about them. I told them that I should be very much obliged to them, and that I lodged at Mr. Pullen's, in George-Alley , by the Ditch Side. The next Day as the Bells rung Eleven, they came up Stairs; I am very positive to the Prisoner; the other Woman that was with her pass'd for the Prisoner's Mistress. I asked them about the Place they were to help me to, but they told me they were Apprentices to Sir Isaac Newton , at Turnham-Green, and that they must first calculate my Nativity; so out they pull'd a great Book with Heads and Hands in it; they told me a vast deal out of the Book with the Heads and Hands in it, and said I must bundle up all the Things I had, - Rings, Money, and Cloaths. I have but little Money, says I, and I don't Care to bundle up my Cloaths, that can relate nothing to my Fortune, - that's quite silly, and if any body should hear this Business besides our selves, they would laugh at us. Well, they argued with me a great while, and said it must be done, and began to be angry because I would not do it. Why, - says one of them, suppose you were Sick, and a Physician comes and prescribes Physick for you, - if you won't take it, what Good can he do you? 'Tis all the same Thing, we can't pretend to do you any Good, unless you'il do as you are ordered. At last I bundled up all my Cloaths, and they went away, but they returned again, and asked me if I had done as they bad me? I said I had, and that I had put them in my Trunk. Then now, says the Prisoner's Mistress, - with the Blessing of God take them out of your Trunk; I did so: Now, says she, with the Blessing of God, get a Ha'p'orth of Brown Paper. I did not care to go for the Paper, so she went herself, and did up all my Cloaths, telling me they must be done up very close, and not a Breath of Air must come upon them. When this was done they bid me down upon my Knees and say the Lord's Prayer; I refused at first, but by fair Means and foul they made me at last say the Lord s Prayer. Then they bid me turn about and open the Windows, which we had shut, for fear any body should see what we were about. I opened the Windows, and in the mean Time they chang'd the Bundle, and left this in the Room of it, - 'tis full of nothing but Hay and Straw; my Bundle was made up exactly like this Bundle, and they carry'd it quite off. After they had put down this Bundle instead of mine, the Prisoner's Mistress said she must treat with me upon such a Spot of Ground, and bid me, - because it rain'd, - put on my Hat, least I should catch Cold. I went out with them as far as the Royal Bed, the Corner of Holborn, there they told me a young Man was to meet me, and would give me a Gold Ring, charging me not to look at my Bundle 'till Eight o'Clock at Night; at Eight o'Clock I found myself a great Sufferer by them, for all my Cloaths were gone, that I had worked for a great while.
Some little Time after I got a Place at the Corner of Shoe Lane in Holborn, and about a Fortnight after I had been there, I saw the Prisoner go by the Door; I was so fluster'd, that I had no Power to get off my Chair, but by and by I saw her come past again; then I ran after her and begged a young Man to stop her, for she had robbed me. He call'd after her, Hark ye! Hark ye! - and stopped her. She was brought back to my Master's House, from thence she was carried to Guildhall, and so sent to Newgwate.
Mary Lee . I can say nothing to this Fact, but the Prisoner robbed me of two large Silver Spoons, two small Spoons, two Gold Rings, and several other Things, exactly in the same Manner; I said the Lord's Prayer, and this was the Bundle she left me instead of my own.
Prisoner. I am a Mantua-maker , and never kept Company with any other Woman in my Life. I am as innocent as the Child that is born, - and welcome is the Grace of God.
Elizabeth Woods , Elizabeth Wheeler , and Elizabeth Whiting , never heard of the Prisoner's being a Conjurer, never heard Harm of her, nor ever saw any fine Book with Heads and Hands in it in her Custody. Guilty 39 s.
4, 5. Mary Maunder and Mary Williams , were indicted for stealing nine Ounces of Scarlet in Grain Silk, value 17 s. and thirteen Ounces of Cloth Colour ditto, value 14 s. the Goods of John Ferrers and Eleanor Wagstaffe in their Shop , May 11 . Both Guilty 4 s. 10 d.
7, 8. Thomas Wignal and William Shores , were indicted for stealing ten Pieces of Silk, val. 3 l. 10 s. and three Pieces of Linnen Cloth, val. 18 s. the Goods of Richard Stables , in his Shop , April 18 . Both Guilty 4 s 10 d.
12. Joseph Hodson , was indicted for privately stealing from the Person of John Pye , June 23 , a Promissory Note, No H. 229. and subscribed Daniel Race , on Behalf of the Governor and Company of the Bank of England, bearing Date June 2, value 500 l. by which Note the said Daniel Race, on Behalf of the said Governor and Company, did promise to pay to Nat. Bracey and Company, the Sum of 500 l the Property of John Pye, the said Sum of 500 l. being then unpay'd and unsatisfy'd unto the said John Pye.
The Council for the King having open'd the Charge, the Witnesses were call'd.
Mr. Pye. I receiv'd this Note, among others, on the 23d of June last, from Mr. Bracey 's, in Lombard Street; and being to pay some Bills that Day to Sir William Billers , and likewise to attend a Trial at Guildhall , I went first to Sir William's, but he unhappily was not at Home. From thence I went to Guildhall Coffee-House to meet my Attorney, who told me the Trial was put off, to the Week following; but Mr. Serjeant Hussey going by, Mr. Eustick, my Attorney presented me to the Serjeant, who told me, he hop'd it would be no Inconvenience to me, that the Trial was put off. Mr. Serjeant Hussey, desired Mr. Eustick to go into Court, and inform Mr. Serjeant Eyres that the Cause was put off. He went; and when he came back to us, he told us, the Cause was brought on, and the Jury were sworn. Upon this I went into Court; and before I went up to the Bar, I waited a while, in Expectation that my Servant would come, and I intended to have delivered him my Pocket-Book; but Mr. Eustick pressing me to come within the Bar before my Man came, I took it out of my Waistcoat Pocket, and thrust it down (square) into my Breeches Pocket, and button'd it in. Then I attempted to get thro' the Crowd, but I met with some Interruption. A lusty Man seem'd to jostle me, and something, - that lay upon the Ground, rubb'd against my Shins. I thought it had been a Dog, but I now believe it was a Man, upon his Hands and Knees. I got up to the Bar, and in five or six Minutes Time, the Trial was interrupted for want of Mr. Cantillon; I ran to call him; ('tis hardly a quarter of a Mile from the Hall to his House) and in coming back, I remember'd my Pocket-Book, and intended to have left it, at the Upper-End of Basinghall-Street; I felt for it, but there I found, that one of the Buttons of my Pocket was cut, or twisted off; the other unbutton'd, and the Pocket Book was gone. I immediately ran to the Bank to stop Payment; the Note (in Question at present) was for 500 l mark'd H. No 229. I had taken a Memorandum of the Notes, upon a bit of Paper, and this 500 l Note was payable to Nat. Bracey; who sign'd it, I cannot remember; but the Date was June 2d I walk pretty fast, and I am sure I miss'd it within a quarter of an Hour after I had button'd it up in my Pocket. I went no farther than from the Hall to Bartholomew-Lane End.
Sampson Solomon. I have known the Prisoner about 7 Weeks, and no longer. About 7 Weeks
The next Day he met me according to Agreement, and we went to the Black-Swan Tavern in Bartholomew- Lane, where he asked me if I had got him a Chap? I told him, I had got him a Chap, (I believed) who would buy his 500 l. Bank Note, but (says I) they are People who are acquainted with the Nature of Advertisements, and they supposed there were more Notes lost with this at the same Time; I told him likewise, that the Gentleman who was to buy this Note, was desirous of knowing the Number of the Note. I had not spoke to any one about buying this Note, but I thought proper to tell him this, that I might get out of him the Mark and Number of it. Why, says he, I have not the Note about me now, but in a Day or two I will shew it you, and you may give your Friend an Account of it. At the Day appointed we met at the Black-Swan Tavern, and there he shewed me the real Note; I took Notice of the Number, No. 229. for 500 l. and asked him what he must have for it? The first Price he set was 300 l. Why, says I, this Note must go Abroad, and there must be prov'd - Value received; and all that meddle with it must get by it. Well, says he, I will take no less than 250 l. for it. And what must I have out of this, says I? You shall have 20 Guineas your self; so he was to have 229 l. for the 500 l. Note. I made no Words with him, because I never designed to get any Money this Way, else I believe I could have made him promise me 30 Pieces, but I did not design to deal with him all; I only intended to make what Discovery I could. When I had got the Number out of him, and had seen the Note, I was willing to take Time, so I told him, my Friend was gone to Bristol, and nothing could be done that Week; this was on the Monday, and I told him he would not be in Town till next Monday, because in that Time I thought I might find out who had advertised the Note; and I immediately told Aaron Polock of the Affair. (I forgot to tell the Court that I had asked the Prisoner how long the Note had been in his Possession, and he told me ever since June last,) I bid Polock find out the Person that had lost the Note, and let me know who it was. Mr. Polock found the Advertisement, and told me that Mr. Weston the Banker, and Mr. Fitzgerald in Basing-hall street wanted to speak with me. I went to Mr. Weston, and told him all that I have related here. This was on the Monday; Mr. Weston desired me to get the Note, and take the Man; so I went the next Day to Change, and the Prisoner being there, I shew'd Polock that was the Man who had the Note, and I order'd him to walk on the other Side the Change. Then I gave the Prisoner the Wink, and he follow'd me into the Passage that goes into Will's Coffee-House; I told him the Man was come to Town now; he said he was then going down to Gravesend, but he would meet me on Thursday. He did so, and we went again to the Black-Swan, he asked me if I could get him the Money that Afternoon? I told him it was not the Time appointed for the Payment of the Money, and the Gentleman was gone out to take a Ride; but however, his Time (I said) should be my Time. Upon this, he appointed the next Day, (Friday) for me to bring the Money, and he was to come with the Note upon Change about 10 o'Clock, because (he said) there would not be many People there, and he assur'd me he should have the Note in his Pocket. I had no sooner parted with him, but I went to Mr. Weston and told him I was to meet the Prisoner the next Day (Friday) to have the Note from him upon Change; and that Day he was taken. At this last Meeting, (Thursday) I began to be afraid he should suspect me, so I told him, if he car'd to go with me to the Union Coffee-House, he might (I believ'd) have the Money. No, says he, we'll refer it till To-morrow, there is so great a Reward upon it, that the Gentleman perhaps may Napp me. I ask'd him, why he did not go and take this Reward. Ask me no Questions, says he, if you can get me a Chap do; if it won't do for you, 'twill do for some Body else.
Counc. Was you present when he was taken?
Solomon. He was taken before I came upon Change. Mr. Polock, to whom I had shewn him, was there, and the Gentleman when they came, being assured by Polock of the Man, they seiz'd him. I was in the Room when he was search'd, and he deny'd that he had ever seen me before. Why, says I, we were together but Yesterday at the Black-Swan, I will not put it upon the Drawer to remember a Thing done many Days ago, but
Mr. Smart. This is the Pocket Book that was produced at Guildhall before Mr. Alderman Westley ; I have had it in my Custody ever since, I received it sealed up, but it was opened before Sir Robert Baylis to be shown to Mr. Pye. The Prisoner owned the Pocket Book, but denied the Note that was found in it. There was a good deal of Difficulty in finding it, but at last Mr. Robinson found it artfully enclosed in this Paper, in this Manner. I saw it taken out of the Pocket Book, and there were likewise some small Spring Saws taken out of his Comb-Case, which the Constable has now in Court.
Solomon. This is the same Note which the Prisoner shewed me at the Black Swan.
Mr. Pye. This is the very Note I lost the 23d of June.
Counc. Prof. I think you said you ask'd the Prisoner how long the Note had been in his Possession.
Solomon. Yes, and he said ever since June last. I told him it was not fairly got. No matter for that, says he. I said, you may open the Case to me, I won't betray you. Why then, says he, it was bit in Guildhall, without mentioning by whom. I declare nothing but the Truth, as God Almighty loves the Truth, and I am upon my Oath.
Aaron Polock . On Friday before the Prisoner was taken Mr. Solomon informed me he was offered a Bank Note of 500 l. No. 299. I went to the Coffee House and searched the Papers, in one of which I found it advertis'd. I informed Mr. Weston of the Discovery the Prisoner had made to Mr. Solomon; and on the Tuesday following Solomon shew'd me the Prisoner upon 'Change. After this he informed me that he had promised to pay him the Money for the Note on Friday Morning. I acquainted Mr. Weston and Frizgerald of this Agreement, who ordered me proper Assistants upon 'Change, where I shewed them the Prisoner, and would have had them have staid for Mr. Solomon's coming before they took him, but when they saw him walking off, they would not stay for Solomon, (as I was positive to the Man) but followed him into the Passage that goes to Will's Coffee-House, where they took him, and carried him to the Crown-Tavern; then they sent for Mr. Weston and Fitzgerald, and the Prisoner was searched, but no Note was found; however, they carried him to Guildhall, where the Pocket-Book was produc'd, and the Note found in it, before Alderman Westley.
Richard Lawrence . I am Beadle of the Clothworker's Company, and was at the taking the Prisoner. We carried him to the Crown Tavern, and when Mr. Weston and Fitzgerald came, we searched him; he was very ready to pull out his Handkerchief, his Comb-Case and his Money; I searched his Coat Pockets, but found nothing; at last I found a private Side-Pocket on this Side of his Coat, and from thence I pulled out this Pocket Book, which I delivered un-opened to Mr. Weston and Fitzgerald; then I took up the Comb-Case, and observing a Sort of a Flaw towards the Bottom of it, I gave it a Knock, and out came a Steel Saw, upon this I asked Leave to break it open, they told me I might, and upon breaking it open I found three more, and they all seemed to me to be made of Watch Springs.
Lawrence. This is the Comb-Case, and these are the Saws which I found in it.
Mr. John Weston . I had Information from Mr Polock, that this Bank Note had been offered to Mr. Solomon for Sale; I told him it was the Property of a Friend of mine at Falmouth, and desired him to do all he could to get it; he brought Sampson Solomon to me, and I asked him why he did not. seize the Man, when he must needs have apprehended that he had stole it. Lord! says he, what could I do against so great a Man! He is as big as Goliah, and as strong as my Namesake. I asked him if he could procure the Note? No, says he, he is too crafty a Chap. I told him I would assist him, if he would let me have a Sight of the Man, and he promis'd I should; he has come two or three Times a Day to tell me what he had done, and the Day before the Prisoner was taken, he was with me twice, and told me
Councel. Was you by when the Note was found?
Mr. Weston. Yes. At Guildhall Mr. Fitzgerald took the Book from the Constable, and delivered to Mr. Robinson, who found this very Note concealed in the Brown Paper.
Joseph Williamson , Constable. This Pocket-Book was delivered to me at the Crown Tavern by the Prisoner; I tied it up in the Presence of the Company, and delivered it un-opened to Mr. Fitzgerald at Guildhall, he delivered it to Mr. Robinson, who found the Note in it.
Mr. Fitzgerald confirmed the former Witnesses, and proved the Note produced in Court, was the same which was found at Guildhall in the Pocket Book.
Mr. Robinson. When the Prisoner was examined at Guildhall, Mr. Fitzgerald delivered the Pocket Book to me, and some Account being given of the artful Concealment of the Saws, I imagined it might be proper to search the Pocket Book more carefully; I therefore untied it, and the Prisoner said, if there was any Bank Note in it, it was not put there by him. I searched the Book carefully, and found this Note, folded up in this Manner.
For the Governor and Company of the Bank of England.
No. H. 229.
I promise to pay to Nat. Bracey, Esq; and Company, or Bearer, on Demand, the Sum of Five Hundred Pounds.
London, June 2, 1737. 500 l. Daniel Race.
Enter'd E. Shenian.
Prisoner. The Night before I was taken I came from Gravesend, and got to a Friend's House about One o'Clock; about 7 in the Morning I got up, in order to find out a Man that owed me 45 l. I went upon 'Change between 9 and 10 to wait for him, and sat down upon a Bench; after I had sat some Time, I went out into the Passage to make Water, and they came and seiz'd me, they would not tell me what I was seiz'd for; I said, I hop'd it was not for Murder; no, said they, 'twas for something worse, for we have got a Jew to swear against you. As I use the Holland Trade, I might have put this Note off myself. 'Tis very odd that I should wink at a Jew, - a Stranger, - a Fellow that I never saw in my Life, to consult with upon this Affair. As to the Saws, the Man tool the Comb Case and turned himself to the Window, and then said he had taken them out of the Comb Case.
Councel. To Mr. Pye. Was this Note ever satisfy'd?
Mr. Pye. No, it has never been paid.
Prisoner. 'Tis a little odd, that I should offer this Note to a Fellow all in Rags; for as I have
Mr. Lawrence. I did carry him some Bread and roast Beef, and treated him with a Pot of Beer, because he was very poor; but so far from saying, the Jew was the greatest Rogue, I then told him, that I verily believed he was the Man that pick'd Mr. Pye's Pocket, and he cry'd about it most heartily.
Humphry Ingram gave an Account that the Prisoner used to live at his House, in Bell Alley, Goswell-Street; that the 21st of April he came thither about one o'Clock in the Morning; that he had known him ten Years, and had an honest Character, as far as he knew.
Samuel Thompson likewise declared, that he had known the Prisoner ever since he was 18 or 19 Years old, from his frequenting the Streets of London. That he went by the Name of Joseph Johnson , and that from a Lad he had been accounted a Pick-pocket. He farther said, that about the Time this Note was lost, he met the Prisoner and another Man coming out the back Way, as from Guildhall; that they went towards London-Wall, and that hearing in a publick House, the next Morning, that a Gentleman had lost such Notes in Guildhall, he then said publickly, he believ'd he knew who robb'd him; and that his general Character for 24 or 25 Years past, has been that of a Pick-pocket.
The Jury found him Guilty . Death .
13. Joseph Hewet , of St. Leonard, Foster Lane , was indicted for stealing a white Persian quilted Coat, value 20 s. 9 Yards of blue Mantua Silk, value 36 s. 28 Yards of Burdet, value 46 s. 13 Yards of Cloth Camblet, value 10 s. and several other Things , the Goods of Charles Trapp , John Phipps , and John Henley , April 26 . Guilty 39 s.
17. John Cugan , was indicted for stealing 2 Pieces of Rope, value 5 s. the Goods of the Master, Wardens and Assistants of the Guild or Brotherhood of the blessed and glorious undivided Trinity , William Martin , and George Read , in a Ballast Lighter, No. 53. upon the Thames , April 14 . Guilty .
18. Thomas Cross , was indicted, for that he being a Person of a wicked and corrupt Mind, greedy of Lucre, &c. and unlawfully contriving and intending to cheat and defraud Benjamin Hoare , Henry Hoare , Richard Hoare , and Christopher Arnold , of a great Sum of Money, viz. 75 l. in Portugal Money, value 75 l. and to get and acquire to himself the said Sum of 75 l. the said Messieurs Hoare and Arnold, being then concern'd in Partnership, in the Banking Business, and keeping Cash, and also then keeping a publick Shop; on the 26th of Jan. in the Parish of St. Dunstan in the West, he the said Car, out of his wicked Mind, Intention, &c. made and forged, and caused to be made and forg'd, in the Name of William Payne, a certain Paper in writing, purporting a Note, Order, Power or Authority, in the Name of the said Payne, for Payment of Money, bearing Date, Jan. 12, 1737 . and directed to Messieurs Hoare and Company, in Fleetstreet, and authorizing them the said Benjamin Hoare, and Richard Hoare, and Christopher Arnold, under the Denomination of Messieurs Hoare and Company, to pay to Abram Irons , or Berer (meaning Bearer) the said Sum of 75 l. which said false and forged Order, is contain'd in the Words and Figures following.
Jan. 12, 1737.
Pray Pay to Mr. Abram Irons, or Berer, the Sum of Seventy five Pounds, and place the same to the Account of your Humble Servant,
P. S. 75 l. Portugal Money.
Thereby meaning and intending, that they the said Benjamin, Henry, and Richard Hoare, and Christopher Arnold, should pay him the said Cross, the said Sum of 75 l. Whereas in Truth and Fact,
2. The Jurors farther present, that Tho Cross being a Person of a wicked and corrupt Disposition, and unjustly contriving, &c. to cheat and defraud Benjamin Richard, and Henry Hoare, and Christopher Arnold, of another great Sum of Money, viz. 75 l. in Portugal Money, and to get and acquire the same to himself, on the 26th of Jan &c. out of his wicked Mind, assisted in making, and forging in the Name of William Payne, a certain Note and Writing, purporting in it self an Order, &c. under the Hand of William Payne, bearing Date and directed, &c. (as above) &c. &c.
3. The Jurors farther present, that he the said Cross, being a Person of a wicked and corrupt Mind, &c. (as above) and wickedly intending to cheat and defraud Messrs. Hoare and Arnold, of another great Sum of Money, viz 75 l. in Portugal Money, and to get and acquire the same to himself, on the 26th of Jan. in the Parish and Ward aforesaid, did utter and publish a Paper in Writing, purporting in it self, an Order, &c. under the Hand of William Payne, &c. &c.
Mr. Atkinson. On Tuesday the 10th of Jan. 1737. Mr. Payne paid into our Shop 340 l. I receiv'd the Money from the Prisoner at the Bar, in Mr. Payne's Presence. I am Clerk to Messrs. Benjamin, Henry, and Richard Hoare, and Christopher Arnold, who is in Partnership with Messrs Hoare. I gave Mr. Payne a Note for this Money that he might draw it out again. By vertue of this forged Note, 74l. was paid to Richard Car , who told me, when I paid him, that he liv'd in Covent-Garden, I know Mr. Payne's Hand, and am positive this is not his Writing; I have seen him often write, and when the Prisoner came with him and paid me this 340 l. I got Mr. Payne to write his Name in our Book, and the Prisoner stood over him while he did it.
Prisoner. I desire Mr. Atkinson may be asked, whether Mr. Payne was not to fetch the whole Sum away again? And whether he was not told that he must not draw for it in small Sums?
Mr. Atkinson. He was not forbid drawing for it in small Sums; I told him if he drew for it, he must draw for Portugal Money, he said, he should not have Occasion for it this Month or two, and that he should draw for it when he wanted it.
Prisoner. I would ask whether he did not give Mr. Payne an actual Promissory Note for this 340 l. for Value receiv'd?
Prisoner. Is Mr. Atkinson positive that I saw Mr. Payne write his Name in the Book?
Mr. Atkinson. Yes, and the Prisoner look'd at the Book while I was making the Note for Mr. Payne.
Prisoner. Did any one else hear Mr. Payne say he should draw for it as he wanted it.
Mr. Atkinson. I don't know. We have two other Clerks in the Shop, - they might, - or they might not.
Mr. Parker. I know Mr. Payne's Writing; this is not like it.
Robert Ramsay . I know the Prisoner very well. The first Time I ever saw this Note was on Thursday the 26th of Jan. last. On that Thursday Morning, Car (who was try'd last Night for this Fact) and I, met according to Appointment in Guildhall. As we were walking on one Side of the Hall, we met the Prisoner and one Sands. After we had talked together for some Time, the Prisoner drew this Note out of his Pocket, and said if you'll undertake to receive this Note, I can draw for Thousands upon others. I said it would be hazardous and dang'rous, and that I did not Care to undertake it. We consulted together about it, and at last it was agreed that Car and I should go to the Chevalier's Billiard Table in Moorfields, and we were to Play. While we were at Play the Prisoner was to come in as a Stranger, and was to challenge Car; they two were to play 'till the Prisoner had lost a certain Sum to Car; then he was to offer Car the Note, and to tell him he might go and receive that Note, and he would pay him what he had lost. The Reason of this Proceeding was, that if Car should be detected when he went with the Note, or should be call'd in Question about it, the Woman who keeps the Billiard Table should be a Witness for him. According to our Agreement, Car and I went that Day to the Billiard Table and play'd: In some little Time, the Prisoner and his Friend Sands follow'd us, and he, (the Prisoner)
The Prisoner gave him the Note, and he immediately went out with it; Sands followed him at a Distance, and if he should be stopped, he was to have come back and given us Intelligence that we might have made off. The Prisoner and I waited for Car's Return some little Time, then I began to be uneasy, so I went down to the Door where I met Car; he was come back, and told us the Business was done, the Note would be paid, only it wanted a little Thing, - called an Endorsement, and when that was done it would be paid. With Persuasion I wrote on the Back of the Note, - Abram Irons. Then Car took the Note and went with it again Sands, followed him at a Distance, I followed Sands and the Prisoner followed me; but before we got near Mr. Hoare's, Car was come out with the Money in his Handkerchief; upon this we went back to the Three Tuns, where Cross (the Prisoner) told Car he had made a Blunder, for he had brought but 74 l. instead of 75. Upon dividing the Money, a Dispute arose whether we should all be equal Sharers, and the Prisoner insisted upon it, that as we were all equally concerned, we should all be equal Sharers.
Councel. When the Prisoner first produced this Note, did he do it as a real or a forged Note?
Ramsey. He produced it as a forged Note, and told us he had paid Money in at Mr. Hoare's for Mr. Payne some Time before, but he did not mention the particular Time. Out of the Money received, we had each of us Five Three Pound Twelve Pieces, and some small Money, and the Prisoner had his Share.
Prisoner. I desire he might be asked how long he has known me?
Ramsey. I have been acquainted with him about ten Months; but the Time we all met at Guildhall, was in the Morning, Thursday the 26th of January last, as near as I can remember; I believe I may be very positive to that Day.
Councel. Have you had any Conversation with the Prisoner since the Note was found to be forged?
Ramsey. Yes; I met him at a Place called Eastham Boathouse, over against Liverpoole, and he told me he flew for fear any Accident should happen; he was afraid of Car (he said) more than of me. He did not know at that Time that he was described in the Advertisements, but I told him (at that Meeting) he was put in the Papers.
Prisoner. Ask him why he left London with Car under Disguises.
Ramsey. Because we were afraid of being taken for this Forgery.
Prisoner. Ask him if he did not abscond on Account of another Note of 125 l. which they sent to Mr. Hoare's, and the Messenger was detected?
Ramsey. I was concerned in the 125 l. Note, and Car who carried it was stopped, but I did not forge any of them, nor did I fly immediately; I did not abscond till Advertisements were put in the Papers concerning Mr. Hoare's being defrauded of 212 l.
Mrs. Smith. I keep the Billiard Table (he mentions) I know both the Prisoner and the Evidence Ramsey; I saw them together at my House some Time in January, but I can't remember the particular Day. Mr. Car was there likewise at the same Time.
Prisoner. Please to ask Mrs. Smith, whether Car's Sister did not come with her to see me in the Counter? And whether Car's Sister did not point to me and tell her, I was the Person that was to save her Brother?
Smith. Car's Sister was with me there, and she said, - Mr. Cross, this is the Gentlewoman that is to save my Brother's Life; but I knew the Prisoner before she said this.
Prisoner. What Cloaths had I on when I was at your Billiard Table?
Smith. A Blue Grey Coat, and a dark short Whig, to the best of my Remembrance, but I can't remember the Day of the Week, nor the Day of the Month.
Prisoner. Mr. Atkinson has sworn to Mr. Paine's Hand, and that he knows this was not his Writing. I desire he may be ask'd, how he came to be deceiv'd, and to pay this Note?
Edward Cotterel . I live at the Three Tuns in New Street; I have seen the Prisoner's Face, and I think I remember the Witness Ramsey and he were together at our House about four Months ago; there was four or five of them together, and I think they had Part of a Fillet of Veal. They came in about Eleven o'Clock in the Forenoon, and staid some Time, then they went out and came in again; they seem'd (all of them) to be in a Fluster, and I was afraid of losing the Silver Tankard and the Spoons which they had at the Table; I imagined they intended to steal the Plate, therefore I desired my Mistress to take Care of her Plate, for they went backwards and forwards and seem'd so fluster'd, that I did not like them. Two or three of them went out, and returned in a Quarter of an Hour. - I very much disliked their Behaviour, I remember.
Mary Macey . I remember something of both their Faces, and that Cotterel told my Mistress he believed the Tankard and the Spoons were in Danger; he desired her to take Care of the Plate they were using; he attended them, and told her he did not like his Company, they seemed to be so uneasy. I remember this was in Jan. last.
Robert Patterson . I know the Prisoner, and Ramsey, and Car. Ramsey and Cross the Prisoner I know are acquainted, but I can't say much to the Acquaintance between them and Car. I have been in Company with Ramsey and the Prisoner several Times about five or six Months ago, they were then young Acquaintances; I have not known any of them long, but at that Time I used to be often in their Company.
Prisoner. Mr. Patterson is a Judge of the Game at Billiards, ask him if ever he saw me play at Billiards for any Money?
Patterson. He was always unwilling to play for Money.
[The Note was read.]
Pray pay Mr. Abram Irons, or Berer (Bearer) the Sum of 75 l. (in Figures) and Place the same to Account of
Your Humble Servant,
To Mess. Hoare and Comp. in Fleet-Street.
To be paid in Portugal Money.
Endors'd, Abram Irons.
The Councel for the Prisoner observ'd, (on a Point of Law) that the Charge in the Indictment was laid for 75 l. Portugal Money, value 75 l. English. The Objection was, that the Note read in Evidence, was not agreeable to the Indictment. That it appear'd the Note under Consideration was payable in Portugal Money, which is not the current Money of this Kingdom. That the Indictment therefore was defective. And that it ought to have charg'd, - that the Defendant intended and design'd to have defrauded Messieurs Hoare and Company of so many Pieces of Portugal Money, value so much: But the Indictment charges the Defendant plainly, with defrauding Messieurs Hoare and Company of 75 l. which must be understood, 75 l. current Coin; whereas, the Sum of 75 l. could not be paid in Portugal Money; no Pieces of that Coin making exactly that Sum.
The Councel for the Prosecution observ'd, that it was no Wonder a sinking Man caught hold of every Twig. That the Words of the Statute were, - if any Person should forge a Note, or Order, for Payment of MONEY, or Delivery of Goods, with Intent to defraud, &c. That Money is Money, tho' not the current Money of this Kingdom, and that the Word in the Act, was Money, generally. That it was plain, the Act made it a Crime to forge a Warrant, for the Payment of Money, (generally.) That Portugal Coin, was Money, (and the Value was right in the Indictment,) - therefore, the Indictment charged the Defendant, according to the Act, and the Evidence had sufficiently supported the Indictment. The Councel observ'd further, that it was impossible to have laid it, in any other Manner; for it must have been laid for either Money, or Goods; and that Portugal Money could not be consider'd as Goods, was evident; because no one could say, - Pray pay Goods. Therefore, it must be consider'd as Money.
Mr. Atkinson. But I did not pay all the Sum in Portugal Money, there were 4 Shillings in Silver.
It was farther observ'd, that a former Act calls it foreign Coin; that Coin is Money, not Bullion. That the Cheat was the same if in Portugal Money, or British Money, and that when these Pieces were exported, they were consider'd as Money, or Coin, not as Goods. That there was another Act, which restrain'd People from counterfeiting the foreign Coins, which pass in this Kingdom, in these Words, - viz. Be it enacted, &c. that if any Person shall forge or counterfeit any such Coins, as are not the proper Coins of this Kingdom,
Prisoner. I shall call Witnesses to prove, that from the 20th of January, to February, I was out of Town.
Richard Davis . But I can't be positive to the Day. I think it was about the latter End of January. I went into Wooburn, in Bedfordshire, in January, I think 'twas the latter End of the Month, and he was there very ill, and had a Doctor and a Nurse. I am his Taylor, and work for him.
Councel. Has the Prisoner paid you any Money since January?
Davis. Let me see, - yes, he paid me for making a Coat and Breeches, since that Time, - 'twas at Chester he paid me, - I can't remember the Time.
Counc. What Coin did he pay you in?
Davis. In Silver.
Mr. Ford. The Prisoner calls me to shew, (I suppose) that on the 10th of January last, I had one Thousand Pounds paid to me, as a Trustee, for some particular Uses, by Mr. De la Hay in the City: and that I then had that Confidence in him, that I trusted him with a Bank Note of 500 l. to carry to Mr. Hoare, and exchange for a 400 l. Note, and a 100 l. Bank Bill. I did trust him, and 'twas this induced Mr. Payne to entrust him. The Prisoner liv'd with me about eleven Months, and during that Time I had no Reason to suspect him. He has left me now, and I will not impeach his Character. If I have Suspicions, they are out of the Case.
Councel. Do you believe him to have been a faithful Servant to you?
Mr. Ford. I have given him Money, while he was with me, to pay for Stamps; and since he left me, I have had a Bill brought in for them. He went away from me the 18th of January, on Account of the many Actions depending against him for Debt; he being disappointed of Money he expected to have received. I don't know where he has been since he left me.
Henry Davis . About the Middle of January last, the Prisoner had the Misfortune to be arrested for 5.l was carry'd to a Spunging-House in Grocer's Alley. He sent for me thither, and I found Car and Ramsey with him. Among other Discourse, the Prisoner was mentioning what a large Sum he had been entrusted with the Day before, of Mr. Payne's, all in Portugal Money. Ramsey told him he was a Fool he did not run away with it. The Prisoner reply'd, he would not forfeit his Character for ten times that Sum.
Patridge, Keeper of Chester Goal. About 6 Weeks ago the Prisoner was in my Custody, and behav'd well. Ramsey and Car I saw at Liverpool, they broke Gaol on Friday Night, and were taken again on Saturday Night.
- Darnburgh. Ramsey, Peterson, Cross, and one Rosamond, with several of their Acquaintance, frequented my House in Arundel-Street. I never saw Car with them but once, and that was the Time the Advertisement came out, and he was in Fear I should take him. I never heard any Ill of them, 'till after Cross was gone out of Town.
- Smallwood. I know nothing of this Affair concerning the Note; but I know Cross, he was some Time under my Care. I have had a liberal Education, and was brought up at the University, so I teach a School; and during the Time the Prisoner was with me, I look'd on him to be so honest, that I recommended him to Mr. Ford.
Mr. Cecil. I knew the Prisoner when he liv'd with Mr. Pitt as a Footman, and the Family I believe always thought well of him, he liv'd with him about four Years ago.
The Jury found the Prisoner Guilty of the Indictment. Death .
19. Richard Car , was indicted (in the same manner as above) for the same Fact, the Evidence against him was the same as in the foregoing Trial, and the Point of Law observ'd upon, was likewise the same. His Trial came on the Day before Cross's, and the Jury brought in their Verdict Special . The found the Facts as follows. That Richard Car on the 26th of Jan. last, utter'd and publish'd as true, the forged Note, set forth in the last Count in the Indictment, with Intent to deceive Messrs. Hoare and Arnold, of 75 l. That at that Time of uttering and publishing the same, he knew it to be false and counterfeit. That he, the said Car, by Vertue of that counterfeit Note, did receive of William Atkinson , then Servant to Mr. Hoar and Comp. the Sum of 75 l. being the Money of Messrs. Hoare and Arnold. That 73 l. 16 s. Part of the said Sum, was paid him in Portugal Coin, and the remaining 4 s. in current and lawful Money of Great-Britain, referring Points of Law to the Judgment of the Court.
Samuel Walker , was indicted for stealing a Cloth Coat, value 1 s. a pair of Shoes, value 5 s. a silk Handkerchief, value 2 s. 4 Silk and Muslin ditto, value 3 s. and other Things , the Goods of Rowland Jones , and others, May 12 . Guilty .
23. John Wisdell , and John Temple , were indicted for assaulting James Little in a certain Field and open Place call'd Constitution-Hill, putting him in Fear, &c. and taking from him a Silver Watch, value 40 s. a Guinea, and 24 s. in Money , Jan. 2 .
* Wisdell was convicted for Transportation last Sessions, for stealing a great Parcel of Linnen from a Laundress at Kensington.
James Little . A little after 9 at Night, May the 7th, I was going up Constitution Hill , and a Man turn'd short upon me, and said he wanted some Money. What then, says I, D - mn your Blood says he, I must have your Money, O! says I, I understand you now; and immediately another Man came up and cry'd, - D - mn him, drag him into the Grass, - stab him, or shoot him. They then dragg'd me into the Grass, and took from me a Silver Watch, a Guinea, and about 22 or 23 s. and some Half-pence. I gave them good Words, and desired they would not use me ill; then they demanded my Watch, and the String being broke, they compell'd me to take it out my self. They took my Money themselves, one of them rifled my Pockets on one Side, and the other those on the other Side. When they had done with me, they ran down the Hill towards St. James's-Park, bidding me Good-night, and I return'd their Complement. It was very dark, so I could not observe their Faces, so as to be able to swear to them, but I have great Reason to believe that Wisdell was the Man who was for stabbing or shooting me, because he confessed it in Newgate, and I remember they were both tall Men in Soldier's Cloaths.
It being known that I had been robb'd by such Men, the Officers of the Guards sent for me next Morning, and when the Guard was reliev'd, they placed me where I might see the Men, and if I had known the Persons that robb'd me, they would have secur'd them; but I could not swear to any of their Faces. Some Time afterwards, I found the Watch in the Custody of one Burroughs, a Grenadier, and had it restored to me again. This is the Watch, and this is the Seal, but the Key has been mended while it has been out of my Possession.
I went to Newgate just before the Beginning of last Sessions with Justice Blackerby's Clerk, and saw the Prisoner Wisdell; he confessed that he and one Wheatley robbed me of such and such Things, mentioning every particular Thing that I lost. I know nothing of the other Prisoner, (Temple) only he was the Man that sold my Watch to Burroughs. Wisdell has confessed the Fact to almost twenty People, and upon this Arraignment (as I am informed) he pleaded Guilty, but immediately retracting his Plea, he put himself upon his Trial.
- Burroughs. The Prisoner Temple told me he had a Watch of a Countryman of his to dispose of, and it would be a cheap Bargain; and in about a Week after he came with Wisdell, and he (Temple) shewed me the Watch, and asked me 50 s. for it; I bid him two Guineas, and after some Consideration between him and Wisdell, Temple delivered me the Watch, and Wisdell took the Money; I paid 1 l. 13 s. in Part of the two Guineas; but some Time afterwards Temple came to me, and told me he would not have me pay any more Money upon it, for he believed it was not honestly come by. I desired they would return the Money and take the Watch again; they promised me they would, but they never did.
Elisha Turner , Serjeant. Temple offered to sell me this Seal, I refused to buy it of him, but I afterwards bought it for Half a Crown of Corporal Raymond; Temple had 18 d. of the Money: Temple when he first offered it me, told me he had found it in St. James's-Court; I kept it three or four Days, then thinking it was not honestly come by, I went to Raymond and demanded my Money again, upon which Temple threw me my Half Crown and took the Seal again.
Temple. I was at Home and a-bed when this Fact was committed.
James Moreton . The 2d of January, - I remember the Day, because I came off the Windsor Party on the last Day of the Old Year, and the 3d of January was my Birth-Day. I know he came Home the 2d of January between Six and Seven. He was with me at Home all the Evening,
Temple, Acquitted . Wisdell, Guilty Death .
25, 26. Anna Maria Osborn and William Stevens , alias Steventon , were indicted for stealing a Pint Pewter Pot, value 15 d. the Goods of William Powel , April 28 . Osborn, Guilty . Stevens, Acquitted .
28. William Moses , was indicted for stealing eight Napkins, value 4 s. a Pair of Sheets, value 20 s. three Table-Cloths, value 3 s. a Dimity Petticoat, value 12 s. and several other Things , the Property of Ann and Francis Monk , May 15 . Guilty .
29, 30. Mary Ellison , was indicted for stealing two Women's Damask Gowns, value 5 l. a Velvet Hood, value 10 s. a Linnen Shirt, value 3 s. a Pair of Stockings, value 2 s. and a scarlet Cloak, value 5 s. the Goods of Lancelot Dowbegan , in his Dwelling-House , April 30 . And Mary Isaacs , for receiving the same, knowing them to be stole . Ellison Guilty 10 d. Isaacs Guilty .
33. Kingman Fivefoot , alias Fifoot , was indicted, for that he not having God before his Eyes, &c. on the 8th of May , in a certain Street, call'd Skinner-Street , on Ann Lloyd , an Infant , did make an Assault, and the farther Wheel of a Cart, value 20 s. loaden with Stuffs, or Baize, then drawn by two Horses, on the back Part of the Head of the said Lloyd, (being thrown down by the fore Horse) did force and drive, giving her on the back Part of the Head a mortal Bruise, of which she instantly died . Guilty, Manslaughter .
34. William Eady , of Pancras , was indicted for assaulting Samuel Lewis on the King's Highway, putting him in Fear, and taking from him an iron Key, value 1 d. a Nutmeg, value 1 d. a Copper Ticket for the King's private Road, value 1 d. three Copper Medals, value 2 d. two Pieces of Silver Coin, value 2 s. 10 d. five Guineas and a half, and 13 Shillings and 1 d. in Money , August 27. 1736 .
Mr. Lewis. I don't know the Prisoner: I was robb'd the 27th of August, 1736, and Wager and Baker were hang'd for it. I was coming from Bedfordshire, and in the watery Lane, near Kentish Town , I met four Men on Horseback, they cry'd Hey! and I cry'd Hallo! I rode on a little Way, and one of them turn'd short on my Horse's Hips. I ask'd him, what he did that for? He immediately whipp'd by me, and demanded my Money. I told him he should have what I had got, but I desired him not to meddle with the Lady that was with me. He said he would not. Then I pull'd out about 13 s. three Copper Pieces, and the Copper Ticket, and gave them; but the Man that was behind said, I must be search'd; and he put his Hand into this Pocket, and took out five Guineas, and two half Guineas. This is the Ticket they took from me at that Time. One of them took hold of my Horse's Bridle, and told me, if I had a Bushel of Arms, they would signify nothing. 'Twas the Man that I gave the Money too, who search'd me, and pull'd out the Gold, a Key, and a Nutmeg. He felt about my Breeches for a Watch, but I assured him I had none, and began to swear at them; but a Man behind, bid me not swear so, for I should not be ill us'd, and he bid the rest of the Gang come away, if they had got what they could. D - mn it, says another of them, he never rides without a Watch; I assur'd them I had none, so they then rode away, to another Man, who belonged to my Company, and stood under a Tree, with some Venison behind him, his Mare would not stand. One of them cry'd, D - mn it, shoot him if he won't stand. I said don't shoot him, let my Horse's Nose come up to the Mare's, and she'll stand. That Gentleman's Name was Walker, but he has been dead about 5 or 6 Weeks. They took about 10 or 12 Shillings from him, and wish'd us a good Night; telling me, they hop'd when it was in my Power, I would use them, as well as they had used me. I can't say I know the Prisoner; 'twould be a vile Thing in me to swear the Man's Life away, when I know nothing of him. I remember the Evidence, for by the Light
Stephen Horsenail . I cannot deny but the Prisoner was concerned with us in this Robbery. He was present when Mr. Lewis was robb'd, and assisted in the Robbery, but he took nothing from him. Baker, Wager, the Prisoner and I, set out from Ralph Guy 's, at the White-Lion at Hornsey, with Intent to rob any Body we should meet. About 8 o'Clock we met Mr. Lewis, and a Lady, and a Gentleman following them, in the Lane that goes to Kentish Town. We rid past him, and the rest of his Company, then Baker turn'd back, and said there was our Mark; I came up with Mr. Lewis, and my Horse's Head lay upon his Horse's Buttock I took from him what I could find, but Baker insisted on searching him farther, and had it not been for the unhappy Man at the Bar, and myself, he would have done him a Mischief. I search'd him, and took to the Value of 6 l. from him. The Prisoner was behind Mr. Lewis, and was to give us Notice of any Surprize. One Mr Walker was robb'd at the same Time: Baker and Wager insisted upon robbing the Lady, but Mr. Lewis persuaded us from it, because her Horse was startish.
After we had committed this Fact, we went to Ralph Guy's in Hornsey-Lane, and shar'd the Money we had got that Night, which came to about 50 s. a Man; the Prisoner was present, and I believe had his Share; but he was tired of such a Way of Life, and soon went quite away from the Company, in about a Week's Time. I was apprehended about the Beginning of October, on Account of a Fact that I was not guilty of; I begun to be weary of such Courses, and therefore made a voluntary Confession. I have heard that the Prisoner has been in an Employment ever since he absconded. I saw him (just before he went down to Bristol) about 10 or 11 Weeks ago, in Wood's Close. We are both sorry for our past Follies, and I know he would be glad to receive Favour, as well as I. Our Conversation was on the Hardships, that the unfortunate Man at the Bar had sustain'd, by his being obliged to wander backward and forward, when he should be glad to settle to any Labour. How he came to be discover'd, I don't know; - I did not betray him. I have nothing more to say, and am sorry that I am able, and am obliged to say so much. (Weeping.)
Joseph Barnes William Horsenail , the Evidence, was first taken, I was an Officer: He was taken up for a Fact that he was not guilty of; but he told me he was indeed engag'd in a bad Way of Life; that he was glad he was taken, for now he would make a voluntary Discovery. He confess'd this Fact before Justice Mitford, and put the Prisoner, and Wager, and Baker, into his Information. I got a Warrant to apprehend them all three; but the Prisoner fled. I kept the Warrant by me; and hearing of his being at Bristol, I went down with this Man ( Thomas Macklin ) and took him. We took him as he came from Work, and as far as I can hear, he had work'd very hard, and maintain'd himself honestly, all the while he had been there. We should have had another Witness here, - Ralph Guy, - he promised to be here; he was here on Wager and Baker's Trial, but he was an unwilling Witness then, and now he has sent a Boy here, who I suppose is to swear he is sick. I must say, the Prisoner has led an honest, careful Life, ever since he got rid of his Companions.
The Jury found the Prisoner Guilty . Death .
He was a second Time indicted for assaulting Thomas Bullmore on the King's Highway, putting him in Fear, and taking from him a silver Watch and Chain, value 50 s. a Steel Seal, value 6 d. and 16 s. in Money , Aug. 26, 1736
The Evidence was the same as appear'd on the Trials of Wager and Baker, 1736, the Prisoner chose rather to throw himself on the Mercy of the Court, than to give Trouble; and Mr. Barnes, who fetch'd him from Bristol, declared that he was sure he work'd for his Living there; for when he took him up, his Masters appear'd for him. Guilty . Death .
35. Nathan Cockran , of St. Luke's, Middlesex , was indicted for stealing 22 Dozen of Silk Loopes, value 50 s. eight Gross of white Thread ditto, value 7 l. one lb of Thread, value 5 s. 9 d. a Linnen Apron, value 4 d. and two Bandboxes, value 6 d. the Goods of Henry Turland , in his Dwelling-House , March 25 .
Henry Turland I have nothing to say, but that the Goods were my Property, and were stole out of my House in Noble-street , on the 25th of March. There was about 22 Dozen of Silk Loopes, and 8 Gross of Thread Loopes, a Pound of Thread, a Check Apron, and two Bandboxes. I saw them all in the back Room below Stairs, on Saturday the 25th of March, and on Monday following, we miss'd them. Upon Enquiry, I found that this Witness (Elizabeth Haydon) knew something of the Affair, so I had her before Mr. Justice Polson, and she discover'd the Prisoner and his Wife. Thro' her Means we took him; and we found some of
Elizabeth Haydon . The Prisoner sent for me on the Thursday before Good-Friday to his Lodging; I went up Stairs, and he shew'd me a great quantity of Silk and thread Loopes. There were 16 dozen of Silk Loopes, and 6 gross and better of thread Loopes. He told me if I would dispose of them for him, he would satisfy me for my Trouble. I saw no Banboxes, nor any check Apron. I ask'd him whose they were? He said they were his own, and he ty'd them up in a Handkerchief, and his Wife and I went to Mr. Crouch's Shop, (he is dead, and Mr. Compton keeps it now) Mr Compton would not have bought them if he had not known me. He knew me, and bought 12 or 13 Dozen of Silk and Thread Loopes together, and the Prisoner had the Money. 'Twas either 14 or 15 s. that we had for them, I can't tell which. I told him I never did sell such Goods for the Money, but having Cockran's Consent, I took the Money and gave it to him, at the Post-Boy in Black-Fryar's. After this, I sold 6 Dozen to one Mr. Plummer in the Borrough for 6 s. Tee Prisoner's Wife and he were both at the Door, the same Time. This Money I likewise deliver'd to the Prisoner, and he gave me 3 s. 6 d. for my Trouble.
Prisoner. I desire she may be asked, whether one Mrs. Deal, did not deliver her the Goods at 1 s. per Dozen?
Haydon. I don't know Mrs. Deal, nor did I ever see her in my Life, as I know of.
Prisoner. Was not Mr. Deal and his Wife in the Room when she was there, and took the Loopes to dispose of?
Haydon. No, there was none in the Room but the Prisoner.
Eliz. Turland. I saw about 6 Dozen of the same Goods I had lost in Mr. Compton's Shop in Pater-noster row. We gave him Notice to be here Yesterday; but I have not seen him here to Day. Mr. Compton own'd before my Lord-Mayor, that he bought them of 2 Women, one of whom, he knew to be a Loop-maker upon Clerkenwell-Green, but he said he could not tell where to find her. I saw only Thread Loopes at his Shop, but he said he had bought 2 Dozen of Silk Coat Loopes among them, at 2 s per Dozen, when a Crown a Dozen is my Market Price. My Lord granted me his Warrant to bring Mr. Compton before him, and he order'd him to let the Constable have the Goods. I saw them, and they were part of the Goods I lost. Mr. Compton said he did not know the Value of them. My Lord-Mayor granted me a Warrant for Mr. Plummer in the Borough, but he refused to let me have my Goods, unless I would pay him 12 s. tho' I saw them at his Shop, and he gave but 6 s. for them.
Mr. Turland. Mr. Justice Engier told me I must return Mr. Plummer 12 s. then I might take my Goods. Mr. Plummer and his Wife said, they bought them of 2 Women who had a great deal of Work, and that they might have bought much more; and Mrs. Plummer told her Husband she had a Notion that they were 2 loose Creatures, of whom he bought this Work, and she seem'd to be frighted. Mr. Plummer lives at the 3 Kings on the other Side of the Bridge.
Prisoner. I had the Goods of one Deal and his Wife; and Haydon saw me deliver the Money she gave me to Deal and his Wife, at the Post Boy, and they gave her 6 s.
Haydon. I never changed a Word with any one but the Prisoner upon this Affair; nor had I any Money but what he gave me.
Cockran. Here's the Prisoner who heard Haydon say, she would swear my Life away for a full Pot of Beer.
34. James Sparkes , was indicted for stealing 2 silver Candlesticks, a pair of silver Snuffers and Stand, a Silver Saucepan, 4 Silver Spoons, 3 Silver Knife Handles, 3 Silver Fork Handles, a Silver Porrenger, a Silver Pepper-box, a Silver Buckle, set with Diamonds, and a great Quantity of other Plate and Jewels , the Goods of Theophila Moore , April 1 .
The Prisoner had attempted to cut his own Throat in Prison; and when brought to the Bar pleaded Guilty .
35, 36. Arthur O'Hara and William Tobin , of St. George's Hannover-Square , were indicted with Rose Plunkett (not taken) for assaulting Thomas Claridge on the King's Highway, putting him in Fear, and taking from him, a Silver Watch,
Mr. Claridge. I was going to my Master's Stables, on the 28th of April, about 10 at Night, and under the Duke of Devorshire's Wall, I was attack'd by two Men and a Woman One of the Men put a Knife to my Breast, and said, If I offer'd to disturb them, they would stab me. Then the Woman came up while they held me, and took my Watch, 5 s. and a Handkerchief. When she had robb'd me, one of the Men still held me, while his Companion and Woman got off, I scuffled with him, but he got away from me, and ran away. To the best of my Knowledge, the Prisoners are the Men, but I can't swear positively to them. I advertised the Watch, and it was brought me again by Mr. Seddon, the Man that made it. This is my Watch.
Grubb, Pawnbroker. On Saturday the 29th of April, the two Prisoners came to me with the Watch, and wanted to borrow 40 s. upon it; (I live in St. James's-Market) O Hara is a Chairman , and plies there; I asked him who was the Owner of the Watch? He told me it was Tobin's, who then appear'd like a Sailor. I asked Tobin where he bought it? He said, he bought it of a Mate of a Ship at Wapping. Then I asked him who it was made by? And O Hara immediately answer'd, - by Seddon, at St. James's, who was his particular Friend. Upon this I lent 40 s. upon it. This was on Saturday the 29th of April, and on Monday Morning, seeing the Watch advertised, I carry'd it to Mr. Seddon, and he said it was the same Watch which had been lost. He offer'd me the three Guineas that was was offer'd as the Reward in the Advertisement; but I took no more than what I had lent upon it, and told him, I could help him to one of the Men that brought it to me. It was pawn'd in Tobin's Name, and O Hara averr'd it was his (Tobin's) Watch.
Judith Dalton . On Friday, the 28th of April, I went to Peter Street, to see Tobin and his Wife; O Hara and one Brooks was there, and we all din'd upon Mutton and Broth. Between 7 and 8 at Night, O Hara, and his Wife, Tobin, and his Wife, and I, went out to take a Walk. When we came near Piccadilly, Rose Tobin (the Wife) pick'd up a Gentleman and carry'd him into a House; O Hara and Tobin follow'd them in, but I staid at the Door till they came out; and Rose said, she had got half a Crown. Then we all went on, and met this Man (Claridge) in a velvet Cap; Tobin's Wife and I, and the two Prisoners went after him; and when we came up to him, O Hara took hold of him, and held him, while I took the Watch out of his Pocket. I saw no Money; I can't tell who took that.
Claridge. I had a Cap on that Night I was robb'd.
Dalton. When I had got the Watch, one of them held him, while Tobin's Wife and I ran away to Clancey's House; and we had no sooner got in, but the Prisoners came in likewise; we sat down, and I gave Tobin the Watch, and Clancey open'd it, that Tobin might look at it. I did not mind it much myself; so I can't be positive whether this is the Watch or not.
Prisoners. Please to ask her where this Watch was taken?
Tobin's Wife stood at a little Distance, when I robb'd him.
Claridge. I was surpriz'd, and so saw but one Woman.
- Clancey. I keep the two Blue Posts in Compton Street, St. Ann's. On the 28th of April, at Night, Dalton (the Evidence) and the two Prisoners were at my House, with their Wives, pretty late. After they had drank about 1 s. or 14 d. in Liquor, O Hara and his Wife went away, but Tobin and Dalton. About half an Hour after the Prisoner (O Hara) and his Wife were gone, Dalton pull'd out the Watch, and I open'd it. I ask'd her whose it was, and she told me 'twas her Husband's.
Dalton. I did not produce the Watch till they were gone, because O Hara was not willing his Wife should know what was taken that Night. Tobin felt the Watch in my Hand, immediately after I had taken it; and O Hara knew I had got it when we were all together at Clancey's. The next Morning, Tobin and O Hara went to pawn the Watch; when they return'd, they told me they had got but a Guinea and a half upon it. Please to ask Clancey if Tobin did not deliver him a Knife?
Clancey. He deliver'd me this Knife, about a Week ago, last Tuesday. (A very long sharp pointed Clasp Knife) This is the Knife.
Claridge. Twas was just such a Knife as this, one of them held to my Breast.
Dalton. Some Time after this, we all quarrel'd, and I went before a Justice and made a Discovery.
Judith Dalton came one Morning before me; and upon her Evidence, I issu'd Warrants against the Prisoners. She gave an Account of the Fact perfectly consistent with that she gives now. That very Morning Tobin came to me, to let me know that he receiv'd the Watch from her, and upon hearing the whole, I thought it my Duty to commit him, and his Companion.
Tobin's Defence. Dalton gave me the Watch, and desired me to pawn it for her.
O Hara. Tobin told me Dalton had got him to pawn a Watch for her, and I only went along with him to the Pawnbroker's.
Lawrence Burn . I come for Tobin. He desired me to find out where Dalton lodged, for he said his Life depended upon it. I knew where she lodged, for I met her once in Peter Street, and she was enquiring her Way to her Lodgings in Holborn, I have no more to say, - only as I was going Home with her, I met Tobin and O Hara in the Street, and one Luttwych was with them. 'Tis not every one that is endowed with Sense; if I had, I should have left Dalton with O Hara and Tobin, and not have gone Home with her to her Lodgings. This I think was at Night, the 29th of April, when Dalton met with her Acquaintance, we all went together to an Alehouse, next Door to Justice Marget's, in Castle Street. - I can't tell the Sign, but I know by their own Expressions, that Tobin's Wife was there, and I left them all there, and went Home with Dalton to her Lodging. I am not so ignorant, but I know this was the 29th of April.
Darby Mac Connor . On Friday the 28th of May, - April I mean, between 7 and 8 o'Clock, I was at Clancey's, and saw the two Prisoners come in between 8 and 9. They drank about 4 Quarts of Beer, and had a Penn'orth of Bread and Cheese, and a Ha'p'orth of Onions. I saw no Body with them. I came in with Mr. Dod, and ask'd them to drink with me.
Clancey. I remember this Man came in that Night, but I can't tell whether the Prisoner came in about that Hour, - we have vast Business, - I can't tell whether they drank with Connor or not, but I am sure O Hara's Wife was with him
Connor I kept Company with the two Prisoners 'till between 11 and 12 o'Clock and then the Witness Dalton and Tobin's Wife came in.
Clancey. The Prisoners Wives were both in their Company.
- Anticker. Connor was in Company with the two Prisoners and their Wives. They came in about 9 o'Clock, and staid till past 11.
Richard Dodd . I was with Connor that Night at Clancey's; the Prisoners came in and eat and drank with us till the Watchman went Eleven, and then Dalton came in with O Hara's and Tobin's Wife. Dalton called for Liquor, and made the Prisoners come into their Company; they sat some Time, and then O Hara, and his Wife, and Tobin's Wife, went away, and Tobin himself was going along with us, but Dalton called him back and made him stay, so we went out and saw no more of them.
- Sample, one who keeps a Publick House at Charing-Cross, and one Lewsly, never heard O Hara charged with Dishonesty before. Two others said the same of Tobin. Both Acquitted .
37, 38. Henry Fluellin and Patrick Cummins , were indicted for assaulting Thomas Johnson on the King's Highway, putting him in Fear, and taking from him a Linnen Handkerchief, val. 6 d. and Twenty Pence in Money, the Property of the said Johnson, and Six-pence in Money, the Property of the said Johnson and William Adkinson , April 8 . Both Acquitted .
The Prisoner owned she took the Watch out of the Prosecutor's Room, to pawn in her Necessity, and that she intended to fetch it again. Acquitted .
41. James Taylor , was indicted for knowingly and unlawfully sending a certain Threatning Letter (without a Name or Date subscribed to the same) unto Arthur Ginn , containing Demands of 10 l - and Threats of burning the House of the said Ginn, to his great Damage, &c. March the 11th .
Arthur Ginn. On the 17th of March, between 4 and 5 in the Evening, the Post Man brought me a Letter from the General Post-Office, with the Town Mark upon it, I paid Three pence for it, and then open'd it, and found the Contents of it were to demand 10 l. to be laid at such a Place, by Six o'Clock that same Evening. This was the Letter.
This with Care.
"We are 10 in a Gang, and desire you'll lay 10 l. in the Corner of the Old House at Brick-Lane
I am your Humble Servant,
Mr. Camm. On the 17th of March, Mr. Ginn shewed me this Letter about five o'Clock; at six, out of my own Curiosity, I walked to the Old House, and as I went thither, I met a Friend, who went with me; when I came to the Place, I found the Prisoner leaning against the Wall of the Old House, and reading in a Book; I came back and told Mr. Ginn that I believed the Man was waiting for the Money. Then we sent another Man to see if the Person was still waiting at the same Place; he returned and told he was yet waiting there. Upon this Mr. Ginn and I went to him, and asked him to go and drink with us; he consented, and we went to the Cock in Old-street, where we charged him with Writing the Letter, and he denied it. I have nothing further to say, but only that I found him kicking the Brickbats about, as if he look'd for something. I know the Prisoner, he liv'd a little Time ago (next Door to me) with Mr. Lawrence, a Tobacconist.
Mr. Ginn. The Prisoner liv'd lately at Chelsea, and his Master and some Gentlemen from thence, were to come to speak in his Behalf. Acquitted .
42. John Powel , of Pancras , was indicted for assaulting John Davis , and for feloniously striking and beating the said Davis with a certain Whip, in and upon the Head, Back, and Ribs, by which striking, beating, &c. the said Davis was cast to the Ground, and for forcing the Fore Off-Wheel of the Chariot he was then driving with six Horses, on and over the Head of the said Davis, giving him in and upon the Right Part of the Head, a mortal Wound and Bruise, of which he instantly died March 25 . Acquitted .
44, 45. Ann Buck and William Fenley , of St. Mary, Whitechapel , were indicted for assaulting John Morriman , on the King's Highway, putting him in fear, and taking from him a Pair of Silver Studds, value 15 d. a Knife, value 1 d. a Handkerchief, value 6 d. and 15 s. in Money , May 1 . Both Acquitted .
The Trials being ended, the Court proceeded to give Judgement as follows.
Receiv'd Sentence of Death, 5.
Burnt in the Hand, 3.
To be Transported, 24.
Mary Maunder , Mary Williams , Richard Scales , Thomas Wignal , William Shores , Mary Mackensie , Nathan Cockran , Mary Seneca , Joseph Hewet , John Cann , Honour Penery , Mary West , James Lashley Harrison , John Cogan , Sarah Beard , John Brown , Samuel Walker , Richard Sanders , Anna Maria Osborn , William Moses , Mary Isaacs , Thomas James , Leonard Ayres , and James Sparkes .
To-morrow (and not before) will be Publish'd,
THE Genuine ACCOUNT of the Dying Behaviour of the Eight Malefactors who were Executed at Tyburn on Friday last, which will contain authentic Narrations of their several Lives, and in particular a full Relation of all the Facts committed by Blastock (the Player) and his Fellow-Sufferer, to the Time of their being taken; wrote by himself in his Cell, and given by him to a Friend at the Place of Execution. Likewise a particular Account of the Coiners, and several Genuine Papers, the Originals of which may be seen at Mr. Applebee's in Bolt-Court.