WEDNESDAY the 28th, THURSDAY the 29th, FRIDAY the 30th of June, and SATURDAY the 1st of July.
In the 12th Year of His MAJESTY'S Reign.
Sixth 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 coontain 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.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN BARNARD , Knt. Lord-Mayor of the City of London; the Right Hon. the Lord Chief Baron REYNOLDS ; the Honourable Mr. Justice CHAPPLE, Mr. Justice COMMYNS; SIMON URLIN , Esq; Deputy Re corder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.
1. 2. William Moreland , and John Fellows , were indicted for stealing 4 cloth Coach-cushions, fill'd with Feathers , the Goods of Temple Stinton , in the Parish of St. Butolph Bishopsgate , May 26 . Both Guilty .
3. William Moreland , and John Fellows , were a 2d Time indicted with Jonathan Austin , of Christ Church, Spittlefields, for assaulting David Nix , in a certain Alley, call'd Smock Alley, near the King's Highway, putting him in fear, and taking from him a Hat, value 7 s. May 23 .
David Nix . On the 23d of May, I was passing from Widegate Alley, into Smock Alley , and saw 3 or 4 Fellows standing together. It was Moonlight, and as near as I can guess, about 10 o'Clock. I little thought they had a Design against me; but as I turn'd up by the Coffee House, the Prisoner Austin knock'd up my Heels, and took my Hat off my Head. I caught fast hold of the Skirts of his Coat, and held him, 'till the Mob subsisted (came) to help me: I never quitted my Hold, 'till the Constable came, and then I deliver'd him into his Hands. His Companions seeing me hold him, and hearing me cry out, - stop Thief, they took to their Heels and ran away, crying out - stop Thief too.
Joseph Miller . The three Prisoners and I met together the 23d of May, at Night, in Bishopsgate-Street, about 10 o'Clock. The Watch not being set, we dogg'd him out of Bishopsgate-Street, into Widegate Alley, and imagin'd he was fuddl'd. At the Gingerbread Baker's he lighted his Pipe, and then went towards Smock Alley; we follow'd him, with each of us a Stick in our Hands, and intended to knock him down; but Austin ran up to him in Smock Alley, and snatch'd off his Hat, and gave it the Prisoner Fellows. I ran to the Tenter Grounds, in Moorefields, and there he (Fellows) came to me with the Hat, which I kept all Night in my own Custody, and next Morning I pawn'd it, next Door to the two Horns, near Shoreditch Church. The Prosecutor Nix appear'd that Morning against Austin, before the Justice, and being positive to him he was committed. Three or four Days after this, I was taken up for another Robbery,Jonathan Austin , and had not put him into my Information, if I had not heard that he had confess'd the Fact before Justice Booth.
Austin. Did you see me take the Man's Hat off:
Miller. Before he ran from us toward the Man, he said he wou'd go and kick his Heels up; I was at some little distance from the Prosecutor, when the Thing was done, so I can't swear I saw him take off the Hat; and the Man seiz'd him directly, and cry'd out. When he cry'd stop Thief, I ran down Duke Street, and cry'd stop Thief too, or else I should have been taken.
Nix. The Prisoner Austin was the Man that took off my Hat: I asked him what was the Reason he did so, and he knock'd up my Heels directly; then some of them said, - knock his Brains out with a Brick-bat.
John Briggs . I am the Officer that took Moreland Fellows, and the Evidence Miller. He told me the Prosecutor went into a Shop in Bishopsgate-Street, for a Half-p'orth of Tobacco, and they seeing him pull out a Handful of Silver and Half-pence, and thinking him to be fuddled, they resolved to follow him and rob him. Accordingly they dogg'd him into Widegate Alley, where he went in at the Gingerbread Baker's to light his Pipe; from thence (he said) they follow'd him into Smock Alley, to rob him.
Robert Hill . I have only this to say: I took the Evidence and two of the Prisoners; and on Monday last I was with them in Newgate; they told me the Evidence was a Black-Guard Rogue, and that they were sorry they must die for such a triffling Thing, and had not done something whereby they might have maintain'd themselves in Jail.
Henry Davis , Constable. A Quarter before 11 o'Clock at Night, the 23d of May, the Prosecutor brought the Prisoner Austin to my House, and charg'd him with robbing him of his Hat. I ask'd him if he could swear he was the Person that stole it? No, says he, but he was one of the Company, and he attempted to trip up my Heels, so I lay'd hold of him. I went with him before Justice Dennet the next Day, and there he swore he saw him take off his Hat, and give it to another, who ran away with it.
Benjamin Leonard . I am a Watchman belonging to this Officer; and the Night the Robbery was committed, I went to call him up, to take charge of Austin. The Prosecutor told him, he had lost his Hat; the Officer asked him if he could lay the Felony to him? No, says he, but he was one of the three, that threaten'd to trip up my Heels, and so I seiz'd him.
Daniel Perrington . I live in Three Tun-Alley, and saw the Constable, the Watch, and the Prisoner Austin together, between 11 and 12 o'Clock at Night, the 23d of May. I went down with them to the Tower Jail, and there the Prosecutor said, he was not the Man that took his Hat off; but next Morning before the Justice, he swore he did take it. He said indeed (the Night before) that he was one that belonged to the other Fellows, and before we went to Justice Dennet with him, one of their Company came down, and propos'd making the Matter up, and the Prosecutor seem'd willing to do it.
Richard Webb . The Prisoner Austin was my Servant ; he work'd with me till the Saturday before he was taken up. He lay in the Shop, where I weave rich Brocades, and have had great Quantities of Gold, Silver and Silk; I never knew that he wrong'd me while he liv'd with me. He quitted my Service the 13th of May, on account of some Words which he had with his Mistress; but what the Quarrel was, I can't tell.
John Graves , John Swift , Joshua Wright , Charles Bromfield , and Benjamin Griffith , knew the Prisoner Austin from a Child, and never heard any ill Character of him, 'till he was charg'd with this Fact.
The Jury found all the three Prisoners Guilty . Death .
It appear'd that the Prisoner was sent up Stairs to clean Mr. Clark's Room; after which a Guinea
Mr. Gordon. On the 25th of May, my Cooper and a Constable came to tell me a Man had stole a Quarter-Barrel of Raisins from Smart's-Key , where I had thirty in all. I went down to the Key, and miss'd one of them. They told me the Man was in Custody; and while I was talking to them, the Barrel was brought to me, and had been taken out of the River; for the Prisoner (it seems) had thrown it over Board. The Mark upon the Barrel was mine, and I believe it was my Property. I lost nothing by the Goods, but sold them for the same Money, as I should have done, had nothing of this happen'd.
William Symmonds . I was coming in a Boat past Smart's-Key, and saw the Prisoner there, with a Barrel in his Arms. He was coming into a Boat with it, and tumbled down, Barrel and all, into the Boat. My Waterman said, - There's a Thief. I made him shove back, and then the Prisoner heav'd something over board. Upon this we took him, and carry'd him ashore. In his Boat we found two Pieces of the Head of the Barrel, and some of the Raisins. In two or three Hours afterwards, the Barrel was taken out of the Water, and we compar'd the Pieces we found in the Bottom of the Boat, with the Breaches in the Head of the Barrel, and they fitted: Part of the Mark was upon the Pieces, which flew out when he fell with the Barrel, and part was upon the Head of the Barrel itself. We found, by comparing this Mark, with that upon Mr. Gordon's Barrels, that the Goods belonged to him, so they sent for him, and he own'd them.
Robert Colson , the Waterman, confirm'd Mr. Symmonds. Testimony, adding, that he very plainly saw the Prisoner throw the Barrel over-board, after he tumbled into his Boat, and that the Pieces of the Barrel Head, which were shewn Mr. Gordon, were the same that he took out of the Prisoner's Boat Guilty .
Isaac George (a Blackamoor) was indicted for assaulting John Gravener , in the King's Highway, putting him in Fear, and taking from him a Pair of Silver-bow'd Scissars, value 5 s. a Silver Spatula, value 4 s. a Silver Probe, value 6 d. a Steel crooked Needle, value 1 d a Fish skin Case with Silver Hinges and Clasps, value 10 s. 6 d. three Lancers, with Tortoiseshell Scales, value 3 s. a Gum Lancet, value 1 s. a black Shagreen Case, value 5 s. a Silver Seal, value 2 s. 6 d. and 7 d. in Money , April 30 .
Mr. Gravener. As I return'd from Endfield , on Sunday Night, the 30th of April, the Prisoner and another Man attack'd me in the Highway. They struck at me with their Clubs, and my Horse threw me. I got up, and ran away from them, about 150 or 200 Yards towards Islington Town, but happening to fall in a Cart-rut, the Prisoner and his Accomplice overtook me, and robb'd me of the Things mention'd in the Indictment, they likewise took from me 6 d. and some Half-pence. The Prisoner was the Man that seiz'd me first, and he and his Comrade rifled me. When I fell from my Horse I lost my Hat, so after I had been rifled, I desired them to let me have my Hat; they said, they did not desire that, and I went back with them, to the Place where I fell, and found it, the two Men guarding me all the Time. The Reason of my desiring to go back was, that I thought some Body might come by, as we were going up the Road, and then I would have endeavour'd to have taken them. I am sure the Prisoner is one of the Men that robb'd me, - he is a Black, and 'twas he that walk'd on my right Hand, when I went back to look for my Hat.
Prisoner. I know nothing of this Affair.
Mr. Gravener. When I first saw the Prisoner in Bridewell, I asked him if he knew me? He said, - No, he never saw me (to his Knowledge) before in his Life. I asked him if he could give any Account how he had spent his Time last Monday? Yes, says he, I have been a Month in the Hospital, and was discharged from thence about a Fortnight ago, and the People of the Hospital can be Witnesses for me. Guilty Death .
8. Catherine Simpson , of St. Ann's Westminster , was indicted for stealing two Holland Shirts, value 16 s. three Linnen Caps, value 1 s. 6 d. a Pair of worsted Stockings, value 6 d. a Muslin Handkerchief, value 1 s. a Necklace, value 6 d. a Pair of Brass Shoe buckles, value 1 d. a Dimity Pocket value 6 d. the Goods of Mary Clancey . Guilty 10 d.
William Dolley , demanding the Sum of 30 l. and containing divers Threats of the Life, and burning the House of the said Dolley, if the said Money should not be paid, according to the Directions of the said Letter, to the great Damage of the said Dolley, against the Form of the Statute, to the evil Example of others, and against the Peace, &c.
William Dolley. I was at a Neighbour's House the 13th of this Month, and the next Witness ( Alice Barnard ) came to me, and desired I would make haste Home, and bring one of my Company with me, for a threatening Letter was sent me. When I came Home, the Prisoner stood within the Shop; I took a slight Glance on the Letter, and then I double-lock'd the Door, to secure the Prisoner. I then asked the Prisoner if he knew what he had done? He said, No. I search'd him immediately, for fear he should have Pistols, or Knives about him, - that is, - I clapp'd my Hands upon his Cloaths, - I did not put them into his Pockets. When I found he had nothing about him, I took him into a little back Room, behind the Shop, and read the Letter to him. All that I could get out of him, was, that he knew nothing of it. I told him, if he would let me know who were his Accomplices, I would be favourable to him, and he should not go to Jail; but he told me, he was so strongly sworn, that he could not say any Thing. Upon this, I sent for a Constable, and would have sent him to New-Prison; the Prisoner told me I could not send him to Prison, without first carrying him before a Magistrate. For this Reason, I desired the Constable to carry him before a Magistrate, but he did not think proper to do so, least his Comrades should be near, and do me a Mischief, so he was carry'd to Prison. The next Morning we had him to the Elephant and Castle, in order to his going before the Justice, and there he wrote this Note (producing it) to send for his Friends; some Persons now in Court, saw him write it; and upon comparing it with the Letter he brought me, the Hands agreed. I charged him immediately with having wrote the Letter himself, and had him before Mr. Justice Poulson, where he confess'd he wrote the Letter he brought me himself.
Mr. Poulson prov'd the Confession was voluntarily sign'd, after it had been read over to the Prisoner.
'' Middlesex. To wit. The Confession of John '' Wright, taken before me, &c.
'' Who being examin'd, saith, that Yesterday, '' the 13th of June, he wrote a Letter to Mr. '' William Dolley , in Holborn , demanding the Sum '' of 30 l. and threatening, on Refusal to pay the '' said Money, to kill him, and reduce his House '' to Ashes. And that the said Letter, and every '' Word thereof, is the proper Hand of this '' Examinant.
The Letter was read.
'' To Mr. William Dolley, Ironmonger , at the '' Warming-Pan, at his House in Holborn.
'' This is to acquaint you, that there are a certain '' Number of poor Men, who, without present '' Help, will be ruin'd: Therefore we all consent '' to send to four able Gentlemen, like yourself, '' for some of that old Gold, that has lain by you '' so long. We send for no more that 30 l. '' which you can spare so easily. So for your own '' Safety's Sake, don't refuse to send it by the '' Hands of the Bearer. Put it into a Box; cover '' it with Paper, and seal it up, and put it into '' the Hands of the Person that brings you this '' Letter. If you refuse to send it, or make any '' Stir, we are all determin'd to kill you, and reduce '' your House to Ashes. Don't imagine we '' are afraid of the Faces of any; for we positively '' declare we will murder you, and yours, '' as sure as ever you were born, either riding, '' walking, or sleeping. We know you, and how '' much of your Riches you have cruelly and unjustly '' gotten; so if you refuse, we will wash our '' Hands in your Heart's Blood, and burn your '' House to Ashes, therefore we command you to '' send the Money, on Peril of your Goods, Life, '' and Habitation.
'' We have no more to say at present.''
Mr. Dolley. Here is Mr. Rawlinson, who will give some Account of the Prisoner: He was try'd about a Year and a Quarter ago, on much such an Affair. *
Alice Barnard . The Prisoner brought this Letter for my Master, and deliver'd it to an Errand Boy, before me. He said it was for Mr. Dolley, and required an Answer. I carry'd it in to my Mistress, Mr. Dolley's Partner, and she open'd it. I told the Prisoner, my Master was at a Neighbour's House, and that I would go and call him. He thanked me, and said he waited for an Answer. I perceived my Mistress was very much surprised, so I went and call'd my Master.
Prisoner. I desire my Friends may be call'd.
William Cruikshank . I have known the Prisoner about two Years and a half; and always observed him to have been seiz'd with a rooted melancholy Desperation. Some Time or other in the Month either of November or December 1735, he wrote a Letter to me, full of the most melancholy desperate Expressions, declaring himself to be a Person devoted to eternal Destruction, and abandon'd of God. I endeavour'd to answer all his unreasonable Objections, and I thought to some good Effect; but soon after, his old Melancholy return'd, which I imagin'd was occasioned, because he had never been baptized; being descended of Parents, who were of the People call'd Quakers. As far as I can remember, he mention'd this, as the Reason of his Melancholy. On the 29th of February, 1735-6, he was baptized, and about a Month after, he received the Holy Communion, - after he had been instructed in the Principles of the Christian Religion. In the Month of April or May following, his Melancholy recurr'd in such a Manner, that he made two Attempts upon his own Life, by endeavouring to drown himself in St. James's Park. When I came to know the Cause, I endeavoured all that lay in my Power, to give him ease; and I thought I had succeeded; but he was continually in a melancholly way after that. I forgot to observe that the two Attempts of Self-Murder, were about a Year before the unhappy Affair of Mr. Rawlinson, in the Months of April and May, after his receiving the Sacrament. That Affair was under the Cognizance of this Court about a Year and a Quarter ago; I was not then in this Country; but that was the Effect of his Melancholy, for he express'd himself, that it was better for him to be cut off by the Hand of the Civil Magistrate, than to be his own Executioner. After he was acquitted of that Affair, we thought he behav'd pretty soberly, and we were in hopes his melancholy Distemper would wear off; but it recurr'd again in the Month of September 1737, to a high Degree, as appears by this Letter, which he sent to Mrs. Corse. I did not see him write it, but as far as I can judge of any Man's Writing, I can judge of that Letter, and I have all the moral certainty in the World, that 'tis his Hand. I had it from the Person to whom it was sent by the Penny Post; and I believe, was the Letter read, the Court would see some of the oddest Expressions that ever were heard; and I have all the moral Reason to believe, it was the Effect of a rooted, desperate Melancholy. Since the Writing of this Letter, he has made use of melancholy Expressions to me, and has said, he was weary of Life and wanted to be out of this World; this was this last Spring, but I cannot ascertain the particular Time. As for the Lad's Character, I can say, that I have always known him to be sober; never guilty of any Immoralities, except those that were the Effect of his downright Melancholy. And as for his Accomplices, I have all the Reason in the World to believe he had none, for he never kept any bad Company.
Rachel Bamfield . The Prisoner's Mother was my own Sister, and a very honest just Woman she was. His Father was a little disorder'd in his Brain, and oftentimes in the Spring would leave his Family. He had a Sister this last Summer confined for the Disorder he is now in, - she was quite raving. I never knew him guilty of an ill Action, except Mr. Rawlinson's Affair last Summer and this.
James Wallis . I have known him, and seen him often for these two Years; once I was in his Company among other young Men, and he told us, he was certainly damn'd and ruin'd to all Eternity. I have seen him often, and he behaved well, but would use these Expressions. Another Time he said he would go and drown himself in St. James's Park; but a Thought came into his Head, and he would not do it at that Time.
Mary Telford . I have been intimately acquainted with the Prisoner about four Months, by living in the House with him; and he behav'd always very circumspectly, when he was out of these Flights; but sometimes he would fly out, and I would advise him to throw of those Flights; he used to say he could not, and wish'd he might die, that he might no longer carry about with him this Body of Sin. Before this Accident happened, he was blooded, and lost a Porringer full of Blood, and would have been blooded again, and have lost more, but the Man would not permit it. About three Weeks or a Month ago, he told me he was going to be bad again, but desired I would not let his Friends know; and I (foolish) kept the Secret. 'Twas but the Day before this Letter was delivered,
John Redding . The Prisoner has made Shoes for me near a Twelve-month; and I have taken him out among my merry Shoe-makers to divert him; but he has not been able to bear it. He has told me he was tempted to destroy himself, once to hang himself, another Time to drown himself? then to starve or bleed himself to Death. He brought me Home a Pair of Shoes that Afternoon he did this Thing, and I knew he was going into one of his Flights. Sometimes he was capable of doing his Business, and sometimes he was not.
Robert Forest . I have known him two Years, and never knew any Thing by him, but what was solid and sober, except when he was in those Fits. I have heard him over and over express despairing Words, - Words of deep despair, and that he should surely perish. I have begg'd of him to mind his Duty to God, and not to concern himself so much about sacred Things. At some Times he would have some glimmering of Hope, but oftener would be in despair, and say he was sure he should be damn'd.
Ivel Northam. The Prisoner has lodged with me sometimes, at his own request, I have had Conversation with him; he was always melancholy, and afraid of his Damnation. One Sunday I was talking to him, and he said, - is it not better for me to leave off all Religion, than to be such a scandal to it as I am. I gave him good Advice, and he said, he wish'd he could take it, but (says he) I am a hard hearted Creature, and shall split upon the Rock of Despair at last. The Day after he was taken, I went to him in Prison, and I said, John Wright , as you stand before the great God, declare on what Account you sent this Letter; was it for the Money? No. Was it to hang yourself? He answered, 'tis better to be executed by the Laws of the Land, than to murther ones self. Why, says I, what Proof have you of your being damned? Because (says he) he that believeth not, shall be damned. I then asked him where the Man liv'd, that he had carry'd the Letter to? He would not tell me. I beg'd of him for God's Sake, - for my Sake, who was his Friend to tell me; at last he only told me it was to an Ironmonger; but he desired none of his Friends would trouble themselves, but let the Law have its Course; and he should rejoice (he said) if he was then in the Cart, and was going to Tyburn; and that he had been often tempted to take off somebody's Hat, in the Streets, that he might do the Work effectually.
Richard Gardiner . I could say a great deal more; but that I think is of no Effect, - but he used to run after the Romish Priests, that are disputing about Transubstantiation, and the Infalibity of the Church. I perceived a great Disorder in the Head, and heard odd Expressions; and I would have you consider, whether the Person is not prejudic'd, and has not Interest into the Case, for this Day I asked him at Hick's Hall whether his Bill was rectify'd, and he told me, if one Bill would not do, another should, - and therefore I think he is partial. As to the Prisoner's Prosession, I can't tell what it is he has so many Notions running in his Head about the Roman Priests. Sometimes he goes to one Place, sometimes to another. I have been at St. Ann's Church with him, and other Churches beside.
The Jury found the Prisoner Guilty . Death .
10. Elizabeth Wright , was indicted for stealing a camblet Gown, value 12 s. a hoop Petticoat, value 1 s. two Gold Rings set with Bristol Stones, value 4 s. a holland Apron, value 2 s. a silk Manteel, value 6 d. the Goods of Walter Willoughby , June 9 . Guilty 10 d.
William Hinton . The 14th Day of this Month, between Twelve and One o'Clock at Night, I lost two black Geldings out of a common Field in Gloucestershire. The Prisoner is my Neighbour: I can't swear I found them upon him, but one of them I found in this Man's (Davis's) Possession: he was selling him in Smithfield. I seiz'd him, and carry'd Davis before my Lord-Mayor. While I was doing this, the Hostler at the Rose-Inn came to me, and asked me, if I had not lost another, I told him yes, I had lost another, with a Star in his Forehead, two white Heels behind, and a white Foot before. Upon this, I went with him to the Rose, and he brought out my other Horse to me. A little while afterwards, as he and I were coming from a Coffee-House, where we had been to see for the Prisoner, we met him in the Street: Neighbour, says I to him, 'tis an odd Thing you should take my Horses away! He had not a Word to say for himself, but was ready to sink when he saw me.
David Davis The Prisoner brought the Horse to my Stables, and ask'd me if he could be put up? I took the Horse in, the 16th of this Month, and baited him; 'twas a Cart black Gelding, with but one Eye. The Same Day I bought the Horse of the Prisoner, in my own Stables, for 4 Guineas and a half; I gave him half a Guinea earnest, and was to pay him the rest in a few Days. He told me he bought this Horse and another in Wiltshire, and I said, 'twas hardly worth his while to go so far, to buy two such Horses; I brought them up with me, says he, only to help to make up my Charges. When we had agreed for the Horse, I carry'd him to Smith-field to sell again; and there Hinton found him out, and claim'd him. I know nothing of the other Horse.
Benj Taylor. The Prisoner came to my Master Davis's Stables, at the George in Hedge Lane, and asked me to put up his Horse, and give him a Quartern of Oates, a Rack full of Hay, and a Penn'orth of Beans. I went for the Corn, and when I return'd, I found my Master and the Prisoner bargaining for the Horse, - a black Gelding, blind of an Eye. I did not see the Horse in Mr. Hinton's Possession.
Mr. Hinton. The Horse I found in Davis's Possession, was the same that I lost.
John Hill . The Prisoner brought a black Gelding to my Master's, - the Rose Inn, in Smithfield, the 16th of this Month, and order'd me to put him up, and bait him. After some little Time, he order'd him into the Market, to be sold; and he rid about the Market accordingly. I heard that Mr. Hinton had lost two Horses, and had found one of them again; so I went and told him, I believed I could help him to his other Horse, and he went with me to see him, and claim'd him. Upon this, I found out the Prisoner, and took him.
Defence. I know nothing at all about these Horses.
Hinton. The Prisoner's Father and Mother are very honest People: I don't desire he should be hang'd. Guilty , Death .
13. Isabella Robinson , of Allhallows, London-Wall , was indicted (with Martha Black , not yet taken) for stealing a yellow Damask Night-Gown, value 5 s. a grey Damask ditto, value 10 s. a Velvet Manteel, value 5 s. two Cambrick Aprons, value 5 s. three Holland Shifts, value 5 s. two Holland Apron, value 2 s. a Linnen Sheet, value 1 s. three Shifts unmade, value 10 s and a Cambrick Handkerchief, value 6 d. the Goods of Martha Sutton , in the Dwelling-house of John Saville , June 3 . Guilty 39 s.
14. Sarah Acor, otherwise Acroy , of St. Martin's in the Fields , was indicted for stealing a Pair of Stays, value 12 s a Straw Hat, value 4 s. and a check'd Apron, value 12 d. the Goods of John Wood , June 13 . Guilty .
Thomas Draper. My Wife keeps a Sale-Shop , and carries on that Trade for me: The Goods were mine, and were lost out of the Shop.
Jane Draper . I have but little to say to the Girl: I did not find the Goods on her, but on the Woman that bought it of her. I took her up, but she is bail'd out by Harris the Officer, in Rose-Mary-Lane, a Thief Catcher, I think they say he is. The Girl stole it to be sure, for I lost this Gown, and six more; she own'd she stole this, and I found it upon Margaret Poland , otherwise Irish Peg.
Mary Dean . I have nothing to say against the Prisoner; the Gown was found upon Irish Peg. When the Girl was before the Justice, she own'd that Peg gave her 6 s. and 6 d. for it, and told her, that she would buy of her whatever she should get. This Accessary is out upon Bail; for Mr. Warrener, (Justice Farmer's Clerk) said, the Thief-takers would never let him alone till she was bail'd. I believe the Child is an honest Child, only she was drawn in by this Jade.
Thomas Welch . I am the Child's Father-in-Law. I marry'd her Mother with three of them, and she lives with us. I help sometimes to break up Ships; sometimes I am a Lath-bender, or a Porter, and sometimes I buy my Wood at the best Hand, and cut it out into Matches. She was sent out that Day to sell two Bundles, the Day this happen'd. Her Mother is a Stay-Maker, and the Girl is as honest a Girl as ever the Sun shin'd upon.
Mrs. Dean. I never saw the Girl in my Life, till she was before the Justice; but the People that were about her, said she was an honest sober Girl. Irish Peg told us, she gave the Girl 6 s. 6 d. for it; - I would give a Guinea for it, to make my Money of it again.
Another Witness declar'd she never heard an ill Character of the Girl, all the Days of her Breath. Guilty 10 d.
John Fosset , otherwise Margaret the Wife of Charles Poland , was indicted, for that Mary Haley , having stolen a flower'd Mantua Silk Gown, value 23 s. May 29, the Goods of Thomas Draper , in his Shop, she the said Poland, the same did receive, knowing it to be stolen , May 29 .
The Record of Haley's Conviction was read.
Thomas Draper deposed as in the foregoing Trial.
Jane Draper . On the 29th of May I had six Gowns stole out of my Shop, all at once; upon which I went down Rosemary-Lane, to describe them to the Shop-keepers, and there I saw the Prisoner delivering the Gown out of her Apron to another Person, in a Hugger Mugger Manner. I charg'd the Prisoner with having got my Goods; D - mn your Eyes (said she) did you see any with me? I told her yes, and went for an Officer; when I return'd, she was gone; but I found her in Harris, the Thief-taker's House, who is her Bail. She was eating with Harris's Wife, and as soon as she saw me, she d - mn'd my Eyes, and ask'd me what I could prove against her? I told her, I had seen my Goods upon her. But what (says she) can you prove upon me now? I took hold of her, and tho' she beat me and bit me, I got her into an Alehouse; and there she said, I should not have the Gown, unless I gave her the Money; at last she sent for it, but would not deliver it, till I had paid her for it. Then she went out, and returned with Harris the Constable; now d - mn you (says she) charge him with me, or I will charge him with you. Harris asked me if I had got a Warrant? I told him no; then lay down the Goods, says he. I did so, and he bid the Prisoner take them up, which she did, and fell to tearing it, and wiping the Table with it, telling me it was her own, and d - mn her Eyes, she would do what she pleas'd with it. When she was before the Justice, she cry'd and begg'd for two or three Days Liberty, that she might find out the Thief. I gave a Week, and at the End of that Time she brought the Girl to me. I look'd at the Girl, and said, I was sorry if she was guilty, for I have Children of my own. The Girl is a poor Match-Girl, and 'tis not likely she should have such a Gown to dispose of fairly, for 6 s. 6 d. The Prisoner I have seen standing in the Street with common Thieves; and she liv'd with a noted Thief, one Fosset, and sold the Goods he stole.
Prisoner. You know you have got two Husbands in the Lane; pray do you know that I have as many Husbands as you have laid in the Indictment?
Draper. Not so many Husbands, - but a hundred Fellows. You had two but the Night before.
Prisoner. I own it; I bought it fairly in the open Street.
Mary Dean . I live near the Place which the Creature, and the Thieves she deals with, frequent. There were two Fellows hang'd for her, a little while ago. I saw her have the Gown in her Apron, and 'twas worth 20 s. to have sold it again. I keep a Shop myself.
Prisoner. The Girl came down the Street, with the Gown upon her Arm, and said it was to be sold. I bid her 5 s. 6 d. and 6 s. for it. At last I told her, if she would bring any Body to say it was honestly come by, I would give her 6 s. and 6 d. for it. When I offer'd it to Sale, I ask'd no more than 8 s. and 6 d. for it. The Girl told me she liv'd in East-Smithfield, and that her Mother was just gone down Rag Fair; she went after her, to bring her to me, and I follow'd her, but the People told me, I need not scruple it, for the Girl was very honest. When they claim'd it, I offer'd it them for 6 s. and 6 d. - I was not willing to lose so much Money; but I did lose it, and a Shilling beside, for the Discharge of the Warrant. The Husband of the Woman beat and abused me, and when they were inform'd I was going to Law with them, they arrested me for 4 l. 10 s. I got Bail, and the next Day they took me up upon this Affair.
Eliz. Sturt. The Prisoner bought this Gown in Rosemary-Lane, and that's a Place to buy such Things in. She agreed to give the Girl 6 s. 6 d. for it, if she could tell her whose it was. The Girl said 'twas her Mother's, and that she liv'd in East Smithfield, and was just gone down Rosemary-Lane. The Prisoner offer'd it me for 8 s. She said it was worth more for the Credit and Service 'twould do. My Husband is an Instrument-maker in Rosemary Lane.
Mary Clark . The Prisoner gave 6 s. 6 d. for it, and went down the Fair to call her Mother; but she returned, and said, her Mother was taken sick, and was gone out of the Fair, so the Prisoner gave her the Money.
Jere. Listen. I keep an Alehouse in Rosemary-Lane. When the Girl was taken, Mrs. Draper was sent for; so (said she to the Girl) you little B - ch, is it you that have robbed me? and
Nathaniel Harris , Constable. I had the Prisoner before Mr. Justice Farmer, and she was discharged at the Request of Mrs. Draper. She said then, - We are all Dealers in a publick Way; and they do buy of Children that are sent out with Things I have seen Children of 8 or 9 Years old sell Things of considerable Value. When she was taken up a 2d Time, she said, - we are all subject to buy Things in this misfortunate Way, I have done it myself; and I should not have troubled myself about it, if Mr. Andrews had not sent me a Letter, to inform me he had Orders to sue me for an Assault; but if any one attempts to put out one of my Eyes, I will put out one of theirs.
John Brown. The Gown to be sure is worth more than she gave for it; and our Dealers won't give above half Value for Things 'Tis worth more Money than I can 'praise it to; in our Business I think 'tis worth about eight Shillings. Acquitted .
17. , of St. Anne's, Westminster , was indicted for stealing an Axe, value 7 d. a spike Gimblet, value 2 d the Goods of John Strong . A Handsaw, value 2 s. a smoothing Plane, value a 2 d. and other Tools, the Goods of . And 9 lb. of leaden Pipe, value 9 d. the Goods of John Welbeloved , June 18 . Acquitted .
18. Godfrey Walker , of St. Luke's Middlesex , was indicted, for that he not having God before his Eyes, &c. on the 25th of May , on John Pike , feloniously did make an Assault, and with a certain Hatchet made of Steel, value 6 d. and which he held in both his Hands, on the fore Part of the Head, of the said Pike, feloniously did strike, giving him a mortal Wound and Bruise, of which from the said 25th of May, to the 11th of June, he languished, and languishing liv'd and then dy'd .
He was a 2d Time charged by Vertue of the Coroner's Inquest, for the said Murder.
- Birkenhead. I had a Warrant from Justice Wroth, to execute upon the Prisoner, and Mr. Pike (the Deceased) being Headborough , I carry'd it to him, - I got this Warrant for him because he would have stabb'd me in the Back with his Bayonet, - there, - there he stands, - let him deny it if he can; - d - mn you, says he, I will kill you, - aye, that, - that's the Man, - there he stands, - that's the Man that would have kill'd me. And so I got a Warrant for him, and gave it Mr. Pike, and when we went to the Prisoner's House, - there he stands, - that's the Man, - he said G - d d - n you, I will murder the first Man that comes in. The Door stood a little o'jar, and I saw him within, and said to Mr. Pike, - there's your Prisoner; I was got into the House; Mr. Pike was just behind me; and he (the Prisoner) cry'd out, G - d d - n your Bl - d I will murder you both, by G - d; then he made a Motion with his Hand, - I suppose he had the Axe in it, but I did not see it, and Mr. Pyke said, - he has done my Business. God forbid, says I, and I was so surprized, that I could not take Notice of what he had in his Hand, and the poor Man bled prodigiously. I only saw the Prisoner make a Motion, - Truth is Truth.
Councel. Was any body near you, when the Thing was done?
Birkenhead. I can't say, - the Mob came so fast upon us: I can't really say, - the Street-Door was open, but the Prisoner's Shop was shut, 'twas between 9 and 10 o'Clock. After Mr. Pike was hurt, we came to my House, and there the Wound was wash'd with Vinegar and Loaf-Sugar; from thence we went to the Cock, and Justice Worth was there, and Doctor Godman, and he dress'd the Man's Head.
Councel. Whereabout was the Wound, and how did it appear?
Brickenhead. I can't say where it was; I did not look upon it, - I don't love to look upon Wounds, but I clean'd his Wig. And I am sure the Door was open, when we went in, - as sure as that God made the World.
Councel. Did the Deceased tell the Prisoner when he went in, that he had a Warrant?
Brickenhead. I can't say I heard that. I heard him say something, but I can't say he told him that. I saw the Deceased several Times before he died, and he always complain'd of a Dizziness in his Head.
The Warrant was read.
Birkenhead. Pike was a Headborough in St. Luke's and this happen'd in that Parish.
Counc. Did you hear the Prisoner say any Thing?
Desborough. No, I was so frighted, that as soon as ever I got away I swooned.
Prisoner to Birkenhead. Did not Mr. Pike agree to make it up for a Guinea?
Birkenhead. I told Mr. Pike that the Prisoner wanted to make it up, and asked him how he found himself? He said, he had a great Dizziness in his Head. I advised him to make it up, if he was nothing detrimented, and the Prisoner came to me about it, but the Deceased said neither off, nor on.
Geo Pike . The Deceased was my Brother. He had not been out of his House above half an Hour, but News was brought Home that he was murder'd: He came in all over Blood, which came from his Head, and said he was hurt worse than we imagin'd, and that he was afraid it would be his Death. He had a large Cut upon his Head, but I can't say upon what Part, for I was busy to and fro in the House.
Councel. Did he say who gave him the Wound?
Pike. I did not hear him that Night, but I remember he said it was the Prisoner, on the 7th of June; and that the Blow would be the Occasion of his Death. He died on the 11th, he was very well in Health before this happen'd, and nothing ail'd him no more than ails me now.
Richard Sims . About two Nights after the Accident, the Deceased told me, the Blow which the Prisoner gave him when he went to serve the Warrant on him, he believed would be his Death, for (says he) my Head is all on Fire.
Councel. Did he tell you with what Instrument the Wound was given?
Sims. He said the Prisoner took up an Axe, or a Hatchet, and threw at him.
Eliz Loveit . The same Night the Murder was committed, I stood at my Door near the Prisoner's. My Door is No 2. and he lives at No. 3. I saw him come to the Door with a Hatchet in his Hand about 10 o'Clock, and he stamp'd with his Foot, and said, this Night I am bent to do Murder.
Francis Robinson . I am a Surgeon and an Apothecary, and serv'd my Time in the Country with a Practitioner in both Ways. The Night the Coroner's Inquest sat upon the Body of the Deceased, I went in and call'd for half a Pint of Two-penny. Hearing the Jury had brought in their Verdict-Natural Death, I desir'd to see the Body, and upon searching the Head, I found a Wound, and a Caedes on the left Side of the Sagittal Suture. There was a Caedes, a simple Fracture, the Skull was broke; and there was the Print of the Weapon just upon the Cranium. I pointed to the Place, and said, I believ'd that Blow was the Cause of the Man's Death. The Cranium was not crack'd, 'twas not a Fissure, but the Skull was dented inwards. I improperly call'd it that Night a Fissure, but it was more properly a Caedes, and the Periostium must be broke to be sure, and this will occasion an Inflammation, and St. Anthony's Fire, if proper Care be not taken. I believe he died of the Blow. The Body was all mortify'd and black, when I saw it, and the Man had been dead 3 Days.
Ann Longdon , deposed, she heard the Deceased say, on the 25th of May, that the Prisoner had struck him with an Axe, that she saw a great quantity of Blood about his Head, and that she heard him declare the Blow would be his Death.
- Holdwright was in the Entry of the Prisoner's House when the Fact was done, and he deposed, that the Deceased had not been 3 Minutes in the House before he cry'd out Murder; when he came out he said, he believed the Prisoner had given him his Death's Wound.
Eliz. Chidsdell. I nursed him when he kept his Room, he always complained of his Head, and would say, that Night's Work would be his Death. He was not sick, but cry'd out only his Head, his Head, and Lord have Mercy upon me, my Head is distracted. We have moved his Pillows 20 Times in a Night. He took his Bed the 2d of June, and died the 11th. The Wound was heal'd up before I came to him, but I think he died of the Disorder in his Head, for his Head and Face were swell'd to a very violent Degree with the St. Anthony's Fire.
Tho Godman , Surgeon. On the 25th of May, the Deceased came to me, and I examin'd the Wound. I remov'd the Blood, and the Hair, and found a superficial Wound, I applied a Tonsil of Lint, and put on a common Plaister. I saw no more of him till Saturday se'ennight, or fortnight after; I was then sent for by Order of Dr. Hall to bleed him. When I bled him, he had a violent
Councel. You never open'd the Cranium, to see if the Brain was injur'd. Cannot the Brain receive an Injury, without any outward Appearance of Hurt?
Mr. Godman. Yes; but then there will be the Symptoms of that Injury, Vomiting, Drowsiness, &c. I can't take upon me to say the Blow was the Cause of his Death.
Councel. You can't say it was not.
Mr. Hicks. I inspected the Skull, when 'twas laid bare, but I saw nothing of any Fracture or Depression. The Skull was not laid open, because it is judg'd to be unnecessary where there has been no Bleeding at the Nose, or Ears, no Comus, nor any of the Symptoms of a fractur'd Skull. I never saw the Man alive, but upon Enquiry, I could not find he had had any such Symptoms. I can't say the Wound was the Occasion of his Death; it might bring on sooner the Symptoms of the St. Anthony's Fire.
Mr. Snowd was of the same Opinion, and he imagined Mr. Robinson might mistake a Suture in the Cranium for the Caedes, which he said he saw. And tho' it was not impossible for a Blow on that Place to cause Death, yet in such a Case the Symptoms must have come on sooner.
John Burrows . On Friday, after the Wound was given, I was sent for to the Deceased, and found him in a violent Fever, and an Inflammation was begun on the lower Part of his Face, Jaws, and Cheeks; and he had all the Symptoms of a St. Anthony's Fire. I gave him proper Remedies, but the next Day the Swelling was increas'd, to so violent a Degree, that he could not see out of his Eyes, and his Face was as big as two Mens. His Fever was decreas'd, because the Humours were flown outward. On the Wednesday he could not be persuaded to keep his Bed, but went out of one Room into another; and that might throw in again the Humour, which should have perspir'd off. So his Fever increasing again the next Day, Doctor Hall was call'd in, and he order'd Bleeding and Blistering. The Wound was cur'd before I attended him. He complain'd of a violent pricking Pain, and a shooting in his Head; and said, he had had a Blow from the Prisoner, but I did not hear him say that was the Occasion of his Death.
19. Benjamin Read , of St. Mary, White-chappel , was indicted for breaking and entering the Dwelling-House of John Chettle , between 2 and 3 in the Night, and stealing three Linnen Shirts, value 8 s. two Holland Shirts, value 5 s. and a Linnen Table-Cloth, value 2 s. the Goods of Martha Lawton , May 30 .
Martha Lawton . I live in Mr. Chettle's House, on Little Tower Hill, some call it Rosemary-Lane . On the 29th of May, at Night, my Shop was shut up fast; the out-side Bar was put up by another Person, and I key'd the Pins. About 2 o'Clock, as I lay a Bed, I heard a Tugging at the Shutters, and I said to my Daughter, who was a Bed with me, that some Body was getting into the House. I listen'd till the Watchman came by, and then I was satisfy'd; for as the Noise did not cease when he came along, I thought 'twas some Cats might be lock'd into the Shop. So I laid myself down again to sleep, but presently I heard a Bounce, open flew the Casement of my Chamber Window. O my dear, says I, they are coming in at the Window! Lord have Mercy upon me, says she, and so they are; and she got up and shut the Window again: Then there was a little sort of a Silence, but in a little while we heard the Noise again; then I got up, and went up Stairs to call a young Man that lay in the House, and as we were going down Stairs, a young Woman knock'd at the Door, and told us our Shop was broke open. We found the Bar broke, the inner Bolt unfasten'd, and three check'd Shirts, two white ones, and a Table cloth, were taken from the Shelves next the Window.
The young Woman that knock'd at the Door told us, she saw the Man draw the Things out of the Window, and she described him to us; she said he had a green Waistcoat on; a red Jacket, and a Pair of Towsers. My Washerwoman hearing this Description, directed us to a Cellar where such Out of-the-way Fellows resorted, at all Hours of the Night, and told us,
William Griggs . The Prisoner and I broke open this Woman's House on the 30th of May last, with this Ripping-chissel, about two o'Clock in the Morning; the End of it was broke off by wrenching the Bar down. He put his Hand in, and took out three check'd Shirts, two white ones and a Table-cloth, and gave them to me The white ones I carry'd, and he carry'd the check'd ones himself; in the Morning he sent his Wife out with the three check'd Shirts and the Table cloth to pawn; we kept a white Shirt a piece, and the rest being pawn'd for 4 s. 6 d. we had each of us 2 s. and 3 d.
Prisoner. I never saw this Fellow before in my Life.
Griggs. We liv'd both together in the same House.
Prisoner. I never saw him before he swore against me.
Griggs. We liv'd together two Months in Mrs. Trantum's Cellar, in Rosemary Lane. Mr. Harris and Mr. Gribble, took us both out of this Cellar; - they broke open the Door upon us.
Nathaniel Harris . The Thursday after the Robbery, Mr. Richardson told me there were some House breakers conceal'd in a Cellar; so I went, and with difficulty got the Door open, and took the Prisoner and this Griggs. When they were before the Justice, Griggs desired he might be admitted an Evidence; and the Prisoner pray'd likewise that the Justice would make him the Evidence; for (said he) I can hang five for the Scamp; that is, for Robberies on the Highway; and he mentioned one or two, that he had been concerned in, in Stepney Fields, and said, that Griggs had only been out with him in Housebreaking. When the Justice had admitted Griggs's Evidence, the Prisoner told him he had not put all their Facts into his Information. The Prisoner was admitted an Evidence himself about 2 Years ago.
Prisoner. Ask him if ever he saw me with this Fellow in his Life:
Martha Cuttiford gave the same Account with her Mother (the first Witness) adding, that Mrs. Trantum told her, the Prisoner and the Accomplice were dancing with their Women, 'till Two o'Clock in the Morning, and then they went out; and that when they were taken, the young Woman who saw the Burglary committed, being with them, they cry'd, - dear young Woman, - we are young Men, - don't go to take our Lives away. She said farther, that while the 2 Men were before the Justice, the white Shirts and the Chissel were brought in.
Mary Miller . I saw the Prisoner take the Things through a Hole in the Window, and give them to this Accomplice; I informed the People of the House of what I had seen, and was at the Cellar when they were taken from thence into Custody. They beg'd I would not swear against them, nor take away their Lives. I am positive the Prisoner is one of them: He had the same Cloaths on then, which he stands in now, only he had a Bird's ey'd Handkerchief on at that Time. I never saw them before that Time in my Life. Before they took the Goods, I saw them at the Tavern Bench, in Queen-Street.
Thomas Gribble . I was at the taking the Prisoner and the Evidence out of the Cellar; there's a Trap Door to it, which we forced open, and found the two Men and two Women. While we were at the Justices, the Man at the Fourteen Stars brought two of the Shirts to us.
Prisoner. This Harris wanted me to make myself an Evidence, but I refus'd, and told him I knew nothing of the Matter. He has been with me several Times in Newgate, and would have given me Money to swear Peoples Lives away. I beg George Greenaway (a Prisoner) may be call'd, and ask'd whether he has not seen Harris several Times with me?
Ann French . The Prisoner liv'd with me, and from the first of May to the last, he was never out of my House, any farther than the Garden. I know it, because I was always at Home, and never was out of the House myself.
Councel. Why did not he live in Trantum's Cellar?
French. Yes; but that was after May. The 29th and the 30th of May he was never out of the House He had been sick, and went abroad the first of June.
French. I live at Poplar, Trantum I know nothing of, I am his Mother.
Jude Storer. On the 27th of April last, in the Night Time, my Stable was broke open, and I lost a Horse, a Saddle and Bridle; some Time afterwards I saw in an Advertisement, that a Man and Horse were taken on Account of Mr. Goodwin's being robb'd, and I went to Laylam to see the Horse, and it prov'd to be mine.
Robert Chandler On the 15th of May, I heard that Mr. Goodwin was robb'd, and that the Highway-man was at the Half Moon, I went up thither, and finding his Horse to answer the Description that was given me of him, I took the Prisoner, and found 3 loaded Pistols upon him. The Horse was advertised, and Mr. Storer came and claimed it. The Prisoner all the Time he was in Custody, insisted upon it, that the Horse was his own, and that he had bought it for 2 Guineas at Fulham Bridge.
The Rev. Mr. Goodwin. On the 15th of May, about 7 o'Clock in the Morning, I was attack'd by a Highway-man upon Hounslow Heath , between the Powder-Mills and the Town of Hounslow, who took from me a Guinea, and about 8 s. I believe the Prisoner is the Man; he was mounted on a Horse about 15 Hands high, that went at a great Rate, and had Leather Bags behind him. He came on the Broad-side of me, and would hardly give me Leave to put my Hands in my Pockets, but was in great Haste, and search'd me himself. I had Leisure to view the Horse's Back-side, and when my Neighbours had taken the Prisoner, I went to see the Horse, and knew him again. Upon this Sir Tho Reynolds committed him. The Horse and the Bags being advertised, Storer came and claimed the Horse, and one Gauntlet of Stockbridge own'd the Bags, and that his Name, (almost worn out) was upon them. I can't recollect every Particular of what the Prisoner said when he was taken at the Half-Moon, but the Substance was, - he desir'd to speak to me alone. So old, as I am, I did not think it right to be left alone with him; for tho' they had taken from him 3 loaded Pistols, and some Powder and Balls, or Slugs, yet I was doubtful whether he might not have-a Penknife; but the Constable assuring me he had no Weapons we retir'd, and the Man fell into a great Agony, and put me into one too; for there were some Circumstances in his robbing me, that made me pity him. He told me he was Heir to 5 or 600 a Year, and that he had a Brother a Clergyman at Stamford, whose Name was Sawyer, and he was sure I would let him go, if I was to see his Brother, or any of his Relations at Reading. I thought this might be his first Flight; for I remember'd, when he came a Broad Side of me, and thrust his Head and Pistol into my Chaise, he trembled, and could not hold his Pistol still. I thought at first he did this in Terrorem, and to make me dispatch, but before he had done with me, I perceiv'd his left Leg to shake, and then I concluded he was but a young Beginner, and was frighted. I thought he came out from under a Hedge, on the North Side of the Road, where the Soldiers lie in wait for a Prize, - Highway-men, I mean, - but he said No, he did not come from thence, I came by you when you was smoaking your Pipe in the Chaise; - by the same Token, I remember he broke it, and I had a good Mind to have thrown it in his Face. I had a Guinea in my Pocket wrapp'd up in Brown Paper, and he own'd to me that he took it so wrapp'd up.
Prisoner. What Reason have you to believe I am the Man?
Mr. Goodwin. Several. First, my Man swears positively to the Horse that he rode to the Half-Moon on, and I believe it to be the same. Another Reason is, his Manner of dealing with me. I don't know that he swore above an Oath or two. My Man carelesly look'd over his Shoulder while he was rifling me, and he damn'd him, and told him he would shoot him, if he did not put his Head aside. I reason'd with him, and told him, - none of you Gentlemen ever offer'd to rob me before, tho' no one has travell'd Hounslow-Heath more than I have done. That's nothing says he, I am in Want, and Money I must have, and you can draw Bills for more. So he did not leave me a Farthing, (tho' I had two Turnpikes to go thro') except one 6 d. which had dropp'd between us to the Bottom of the Chaise.
Mr. Goodwin. Yes; that is another Reason I believe you are the Man. 'Twas in the Summer Time, and he had a great Coat on, that was too big for him; while he attack'd me, he shook, and his Coat Sleeve being too long, he turn'd it up. In my Conscience I believe him to be the very Man. When I saw him at the Constable's House, at Belfount, his Coat was put upon him, and his Hat, at my Request; and he appear'd to me, when his little Hat was pull'd over his Eyes, just as he did when he robb'd me. He told me I should have my Money again, if I would let him go. I told him I could not answer doing that; and that he had a good deal of Confidence and Assurance, to rob me within a Mile of the House where he lay, and to return after the Robbery in the same Habit into the Town.
John Roseblade , Mr. Goodwin's Servant, confirm'd his Master's Evidence, and said, he could swear positively to the Horse; but had no Opportunity to view the Highway-man's Face. He took Notice that the Horse had a Star in his Forehead, and that both his Knees were broke.
- Blake, was with Mr. Footit the Constable, when the Prisoner was taken; he said, they found three loaded Pistols upon him, a Silver Watch in his Fob, a Snuff-Box, a Silver Nutmeg-grater, 10 or 11 Shillings in Money, and some Powder and Slugs.
- Footit, the Constable, depos'd to the same Effect; and that the Prisoner answer'd the Description exactly that Mr. Goodwin had given of him, and that he saw him upon the Heath, before the Robbery was committed.
William Prior , a Servant at the Bell, at Belfount, swore, That the Prisoner went out from thence about Six in the Morning, and came in again about Nine; that the Horse the Prisoner rode, was the same that was claim'd by Mr. Storer; and that he himself brought him out of the Stable to the Prisoner that Morning.
Defence. I was at the Cross-Keys at Colebrook till Breakfast-Time, that Morning the Robbery was committed, and I expected the People of the House would have been here.
Thomas Camplin had known the Prisoner from his Infancy, and never knew him guilty of any bad Action. He inform'd the Court, that his Father, Uncle, and all his Relations live at Reading, or there about. That he has an Uncle at Reading, one William Greenaway, reputed worth more than 600 per Annum; that the Prisoner marry'd the Daughter of Mr. Young, a Currier, at Newbury, and that by Occupation he was a Bargeman ; but he could not say how he had liv'd of late. Guilty . Death .
27, 28. Benjamin Read , and Elizabeth Davis , of St. John, Wapping , were indicted for stealing 3 Cloth Coats, 21 Cloth Waistcoats, 3 Pair of Cloth Breeches, 6 double Ruffles, 11 Handkerchiefs, 6 Linnen Mobs, and other Things , the Goods of William Oakey , May 8 . Both Guilty 39 s.
30. William Newington , of London, Gent . was indicted for falsely making, and forging, and causing to be made and forg'd, in the Name of Thomas Hill, a Paper Writing, purporting in itself an Order for the Payment of 120 l. - which Order is contained in the Words and Abbreviations following.
Sir Fra. Child and Comp.
Pray pay unto Sir Rowland Hill, Bart. or Bearer, the Sum of One Hundred and Twenty Pounds, and place it to the Account of
To Sir Fra. Child, and Comp. Temple-Bar.
Francis Child , Samuel Child , John Morse , and Barnaby Bakewell , of the said Sum. June 27 .
The Indictment farther charged the Prisoner with assisting in making and forging the said Order. June 27.
And likewise with uttering and publishing the said Note, knowing it to be false, forg'd and counterfeit. June 27. *
* Note. We are obliged for want of Room, to refer the Reader for the Form of this Indictment, to Cross's Trial; Sessions Book, No. 5. P. 89. Erratum, in that Indictment, line the 13, for Car. read Cross.
The Councel for the Prosecution observ'd to the Jury, that the Indictment charged the Prisoner with three Sorts of Offences, viz With making and forging the Note. With assisting in the making and forging it; and with uttering and publishing it, knowing it to be forg'd and counterfeit; every one of which Species of Forgery was by a late Act punishable with Death. And tho' all the three Offences were charged upon the Prisoner, yet, if he should be so unhappy as to fall under the Proof of any of them, it would be equally fatal to him. And that whoever consider'd the wild Havock, Forgery was capable of making among the Properties of Mankind, would cease wondering that the Law should so severely punish it, and rather be surprised that this Punishment was not annex'd to the Crime, by the antient Laws of the Land; for if the Breach of other Laws of Society is punish'd with Death, how much less punishment is that Crime worthy of, that tends to destroy all Commerce. It was farther observ'd, that this Species of Robbery was the very worst that a Man could be guilty of, for a Person might guard against private Robbers, by caution; against publick ones, by Strength; but against Forgery, no Vigilance could protect; no Strength could defend. And, That it was matter of Concern, to see One so young in Years, capable of being charged with a Crime of this Nature, &c. &c.
John Holloway , Porter. The Prisoner at the Bar, sent me with the Note, from Child's Coffee-House in St. Paul's Church-Yard. He took it out of a Pocket Book, and wrote something on the Back of it, then he gave it to me, to carry to Sir Francis Child 's, and to receive 120 l. for him. I was to have 3 d. and no more. Accordingly I carry'd it as I was order'd by the Prisoner, and gave it to a Gentleman in the Shop: He shew'd it to others, and they all seem'd to be in a little sort of a Study; after which they told me, I might go, but they believ'd the Note was not good. I desired them to give me the Note again, and send somebody with me to the Coffee-House, where the Gentleman that gave it me, waited for my return. They did not send any body with me, so I came alone to the Coffee-House, but the Gentleman was gone, and had left Word that he was gone to the Faculty Office, in Doctor's-Commons. I went thither, and enquired for him by the Name of Caesar (because that Name was put on the Back of the Note) but I could not find him. About 2 or 3 Hours after, my Father told me a Gentleman wanted me at the Horn and Feathers, in Carter Lane. I went thither and told the Prisoner the Note was stopp'd; then stay here (says he) 'till I put my Shoes on, and I will go back with you. I waited there and about the Place two or three Hours, but he came back no more.
Councel. Look at this Note.
Holloway. This is the very Note, I know it by the Writing; - here's Julius Caesar , Doctors Commons upon the Backside There was this Endorsement upon it, when I carry'd it. I saw him write something upon it, when he gave it me; what it was, I could not tell, but I look'd at it as I went along.
Councel. To Holloway. Was any Thing wrote upon it, after the Prisoner deliver'd it you, to go for the Money?
Holloway. I was going to write my Name upon it, and had wrote John Hol -
Here the Note was read.
Sir Fra. Child and Comp.
Pray pay to Sir Rowland Hill, Bart. or Bearer, One Hundred and Twenty Pounds, and place it to the Account of
Your Humble Servant,
To Sir Fra. Child and Comp.
Endors'd Julius Caesar, Doctors Commons.
Mr. Burbeck. No.
Mr. Gabriel Leaver . I have done Business for Mr. Tho. Hill, while the Prisoner was my Clerk ; I am well acquainted with his Hand, and do not believe this to be his Writing. I take the whole Body of the Note to be the Prisoner's own Writing. The Words (Tho. Hill) and the Body of the Note, I take them to be all wrote by the same Hand; and likewise the Endorsement on the Back. I believe them to be the Prisoner's. I have compar'd the Note with some Writing of his which I have at Home.
Peter Mixer . I never saw the Prisoner before Tuesday the 27th of June last, between 11 and 12 o'Clock in the Forenoon, he came into Child's Coffee-House, and wanting a Porter, I cal'd Holloway to him, he asked whether we knew him? I told him yes; then he call'd for Pen and Ink, and wrote something upon the Paper, which he deliver'd to the Porter, after he had asked him his Name, and the Number of his Ticket. I believe it was the same he wrote upon, which he gave the Porter, but he had several other Papers in his Case. When the Porter was gone, I knew he was to bring Money, for he was no sooner out of the House, but the Prisoner asked me what Time the Faculty-Office would be shut up? I looked at the Dial, and saw it wanted 20 or 30 Minutes to 12, and told him the Office would shut up at 12. Upon which he got up, and said, - if the Porter comes back, tell him I will be here again Presently, but he went away, and I saw no more of him. When the Porter returned, I told him the Gentleman was gone to the Faculty-Office, and about 2 o'Clock, Sir Francis's Man came down with the Note. I directed him to the Porter, and heard no more of it till Wednesday Morning, then I heard the Man was taken, and saw the Note.
Holloway. I was present when the Prisoner was taken. He was found the same Evening between 10 and 11, at the Fountain Ale-house in Cheapside. Nothing passed between us till we got him to the Compter, but there I asked him how he could send me with such a Note? He said he believed the Devil was in him; and now he had nothing to do, but to make Friends to Mr. Thomas Hill, and he had Friends who would make it up at any Rate. His Mother, (he said) lived 60 Miles off in the Country. We found him out very easily; Mr. Leaver told us his Name, and where he liv'd, and when we saw him at the Fountain, he seemed in a Hurry, and said, - for God's Sake don't discover me, I will go with you
Mr. Burbeck. When he was before Mr. Alderman Barber, he own'd he sent the Note; but he said he found it.
Prisoner. I hope your Lordship will indulge me in asking the Porter a Question or two. Was the Note folded up, or open, when I deliver'd it to you?
Holloway. He opened it, and shew'd me what it was for; then he folded it up, and gave it into my Hand. 'Twas open when he bid me go to Sir Francis Child for 120 l. and come back presently, - he would stay for me. As I went along I open'd it, and look'd at it.
Prisoner. He says, when I was taken at the Fountain, I seem'd in a Hurry; I had Opportunity to make my Escape. Ask him whether I did not come to him voluntarily?
Holloway. As soon as I came into the Room, and call'd for Mr. Newington, he got up, and said here. He met me in the Room, and said, for God's Sake make no Noise on't, - or some such Words.
Prisoner. I own I gave the Note to the Porter, but I found it on Ludgate-Hill, after 10 o'Clock, in this Pocket Book, and I immediately put it into my Pocket, and carry'd it into St. Pauls Churchyard before I looked at it. I took all Occasions to inspect the Papers, to see if any Reward would be offered for it, and not finding it to be advertis'd, I sent it by the Porter.
Councel. Did you advertise it?
Then a Gentleman produc'd a Letter which the Prisoner had sent him to borrow a Coat, and the Prisoner desired it might be compared with the Note, in Order to shew that the Hands were not alike; but it was observ'd, that if the Prisoner wrote the Note, he would necessarily disguise his own Hand, and endeavour to imitate Mr. Hill's.
Mr. Studley, Mr. Hunt, Mr. Hilder, Mr. Gosling, Mr. Warnet, Mr. Godman, Mr. Vaughan, Mr. Leaver, and Mr. Graves, gave the Prisoner a good Character; some of them he had liv'd with, and had been entrusted by them, in particular, by Mr. Leaver with 9000 l. and that he discharg'd his Trust honestly. Guilty , Death .
31. Samuel Dean , of Norton-Falgate , was indicted for stealing a brass 4 lb. Weight, value 2 s. 4 d. a brass 2 lb. Weight, value 14 d. a brass Pound Weight, value 7 d. a brass half lb. Weight, value 3 d. a brass quarter lb. Weight, value 1 d. and a 2 oz. wt. val. 1 d. the Goods of George Bruce , May 31 . Guilty 10 d.
George Hatcher , and John Cobridge , were indicted for stealing a Cotton Handkerchief, value 4 d. and 11 s in Money , the Property of David Lewis Wertz , June 10 . Both Guilty .
35. Joseph Hawkins , was indicted for stealing eight Pint Bottles of Shrub, value 4 s a Pint Bottle of Arrack, value 12 d three Quarters of a Pound of Chocolate, value 2 s. three Quarters of a Pound of Indico Blue, value 12 d. and 5 s. in Money , the Property of Thomas Edwards , and James Sauser , June 26 . Guilty .
Charles Matthewson . On Monday Evening, June the 12th, I was at Vauxhall, and got a little in Liquor; but I remember I had a Guinea in my Pocket, beside-Silver, when I came on this Side the Water. The Prisoner (I suppose) pick'd me up, and we went to a House-in Vinegar-Yard, by Russel Court . I was so much fuddled, that I did not know where I was, 'till the Landlord wak'd me in my Chair the next Morning. He ask'd me where the Woman was, that I came in with? I told him I did not know the Woman that was with me; I saw you had a Guinea and some Silver in your Pocket last Night, says he; upon this I turn'd out my Pockets, - but all my Money was gone, except a few Halfpence, which were scatter'd about the Floor. The Landlord said, he knew her, but while we were talking about her, she came in, and he secur'd her. I don't swear to the Prisoner; the Landlord told me, she was the Person.
James Griffiths , Constable. Knowing the Prosecutor, and hearing of this unfortunate Story, - that he was at the Horse-shoe, in Russel-Court, Drury Lane, I went to the House, (the Landlord's Name is Rarisom ) and there I found the Landlord, the Prosecutor, and the Woman sitting together; this was about 9 or 10 the next Morning. They were all jangling together, and I would have had her confess'd the Money. Instead of that, she deny'd she took any Money from him. The Landlord said, that the Prosecutor shew'd him a Guinea and some Silver, when he came in, that he might not be afraid of his Reckoning. After a good many Words, she desired them to walk out, and she would speak to me; for I am an Antient Briton, and she is the same. I persuaded her to confess, and at last she pull'd out a Pair of Mittens, with 6 s. and 6 d. in them, which she confess'd was the Property of the Prosecutor, and said she had no more. Then I carry'd her before Justice Hilder; and after he had examin'd her, she was search'd by his Maid and another Woman, and while her Rags were some off and some on, 6 d. dropp'd from them, and another 6 d. was taken out of the Crown of her Head: But this Money, she said, was none of the Prosecutor's. Upon this the Justice committed her to the Gatehouse.
Prisoner. The Money I had about me, was my own; I never was in Jail before in my Life. When they took me, I was frighted, and did not know what to say, or do. If I had had more Money about me, I should have let them have had it all. Acquitted .
38. Alice Gibson , of St. John, Wapping , was indicted for stealing a Silver Watch and Chain, value 3 l. a Steel Seal set in Brass, value 1 d. and three Guineas, the Property of David Burwood , in the Dwelling-House of John Gibson , June 16 .
Burwood. I had been to see a Consort on Board a Ship, and came back very much in Liquor. So being in Liquor, I met this Woman about Eleven o'Clock (last Friday 'twas a Week ago) and she carry'd me to her House, over against Gun-Dock , and the we went to Bed: - Yes, I did lie with her all Night indeed; and we drank 3 Bowls of Bembow before we went to Bed, - that, to be sure, did not make me a bit soberer than I was before. About Five in the Morning I'waked, and miss'd my Bedfellow, that Party, there at the Bar, - and I found another Woman a-bed with me. My Watch and all my Money was gone, and another Party was in Bed. I am pretty sure there was but one Party a-bed with me at a Time. I am sure I had the Money with me when I came into this House; for I call'd at Mrs. Gaskin's as I came along, to change a Guinea, and she had no Change.
Gaskin. Aye, my Name is Gaskin.
Burwood. I came from Mrs. Gaskin's between 10 and 11 o'Clock, and Mrs. Gaskin's House is not above half a Mile from the Prisoner's, and I am sure I had my Watch and Money there.
When I miss'd them in the Morning, I never spoke to the Party that I found in Bed with me; but I got up and went down Stairs, and asked the
Sarah Gaskin . Mr. Burwood is a Lodger of mine, and lay out that Night. When he came Home in the Morning, he told my Servants what had happened last Night, but he did not care I should know it. So he went to Mr. Edwards, the Headborough, and made his Complaint; and they got a search Warrant, and a Warrant for the Prisoner. When she was before the Justice, she insisted upon it, that the Watch was pledg'd to her, and refuss'd to deliver it without Burwood paid her a Guinea: He agreed to that, and Justice Cross's Clerk and the Constable went with her to fetch it; but 'twas a rainy Day, and they turn'd into an Alehouse, where the Clerk felt under her Arm, and there was the Watch.
Headborough. This is the Watch that was taken from her Person. When the Prisoner made his Complaint to me, I went with him to Justice Cross, and he granted us a search Warrant, and a special Warrant, and I went to serve it, at the Prisoner's House. I asked her if she had not got the Man's Watch? She told me yes, and that the Man had pawn'd it to her for a Guinea. He refuss'd to pay the Guinea, so we carry'd her before the Justice, and he committed her. She said she knew nothing of his Money, but she offered me the Watch to keep, 'till he paid the Guinea.
Prisoner. Between 10 and 11 o'Clock that Night, I and another young Woman met the Prosecutor; and he asked if he should go Home with us? When we came Home, I asked him for Money: He said, he had no more than a Shilling and Two: pence Halfpenny; the Shilling he gave to me, and I fetch'd him Liquor for it. I asked him if he had any more Money (when the Liquor was drank.) He said no; but he pull'd out his Watch, and deliver'd it to me on the Bed-side. Next Morning between 4 and 5, he waked, and asked for the Watch. I told him I had it, and would give it him for a Guinea he had pledg'd it for. He made no Answer, but went out; and returned with another Man: I told them again, that there was 20 s. due upon it. Some of the Money was for Liquor, the rest I charge for his Night's Lodging. Acquitted .
She was a 2d Time indicted on the Coroner's Inquest. Acquitted .
40. Richard Marks , of St. Giles's in the Fields , was indicted for assaulting Joseph Pomeroy , on the King's Highway, putting him in Fear, and taking from him, a silver Watch, value 4 l. a Silver Chain. value 5 s. a Brass Seal, value 1 d. a Hat, value 4 s. a Peruke, value 15 s. and a Cane with a Brass Head, value 3 s. Nov. 9.
Joseph Pomeroy . I don't know the Prisoner, for I was very much in Liquor that Night. I had been at the Jerusalem Tavern, with some Friends that Night, and parted with them I don't know where; - but a little above the Watch-house, somebody shov'd me down, or I fell down, I don't know which; so I went to the Watch-house, and told them I had lost my Hat and Cane and Whig; and putting my Hand to my Pocket, I miss'd my Watch. - Z - nds! says I, (I did say Z - nds) I have lost my Watch too. I did not mind the Loss of any Thing but my Peruke, - for I was afraid of catching Cold, and getting deaf; therefore I desired to come into the Watch-house; the Watchmen opposed me, - Bl - d! says I, I will come in, with that they sent me to - the Round house; and because I would not pay the Watchmen a Shilling a-piece, they bound me over. The Watch was advertised, and I got it again; and the Constable got the Cane. As to the Prisoner I know nothing of him.
Pomeroy. When the Prisoner was before the Justice, he said I had a Woman with me in Holborn, and that I staid with her about a Minute; then I made up (he said) towards the Watch-house, and there she pull'd at my Watch, - and I pull'd, and so it fell down: After which, he went to the Place and trod upon my Cane, stooping down for that (he said) he found the Watch. As for my Hat and Wig, he knew nothing of them. Now I can take an Oath that I had no Woman with me that Night.
Mr. Justice Margets The Prisoner was brought before me, and behav'd as impudently as ever I saw any one in my Life. He told me the Prosecutor had got a Whore, and fell down in a Sirreverence, and that after he had pick'd himself up, and the Woman was gone, he went to the Place where he fell, and treading upon his Cane, he found that and the Watch. He cursed and swore very much, and a more impudent Fellow I never saw in my Life.
Defence. I was going Home that Night about 12 o'Clock, and in Newport Street, I had Occasion to ease myself, and the Gentleman came down with a Woman, and d - mn'd her for a B - ch, he wanted to ease himself, and bending down, he fell backwards. She helped him up, and I saw her pulling at something all the Time. I was almost blind then, and I am quite blind now; so when they were gone, I went over to the Place, and groping about, I trod upon the Cane, and stooping down, I found the Watch and the Cane link'd together. Next Morning I went to this Pawnbroker's to get some Money upon the Watch, and he stopp'd it.
Jury. He says he was almost blind, how could he see the Prosecutor on the other Side of the Way? He says, he went over the Way, and feeling for the Cane, found the Watch.
Prisoner. I was not quite blind then. Acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death, 10.
Burnt in the Hand, 1.
To be Transported, 21.
George Nock , Sarah Webster , Daniel Kelly , Catherine Simpson , Samuel Dean , Isabell Robertson , Sarah Acor , George Hatcher , John Cobridge , Joseph Hawkins , Henry White , Robert Harbin , N - J - , John Burges , Elizabeth White , Elizabeth Hedges , John Jenkins , Elizabeth Collier , Elizabeth Davis , Thomas Compton , Martha Mobbs .