WEDNESDAY the 6th, THURSDAY the 7th, FRIDAY the 8th, SATURDAY the 9th, and MONDAY the 11th of September;
In the 12th Year of His MAJESTY'S Reign.
Seventh 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.
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 Worshipful Mr. Justice PAGE; 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.
3 John Miles , was indicted for stealing a cloth Coat and Waistcoat, val. 16 s. a Man's Hat, val. 4 s. a light natural Wig, val. 4 s. and a Silver Watch, val. 50 s. the Goods of Richard Bootes , in the dwelling House of Thomas Bowen , in the Parish of St. Stephen Coleman Street , July 5 . Guilty 39 s .
5. Joseph Upton , of St. Butolph Bishopsgate , was indicted for breaking and entering the House of Robert Allen , between the Hours of One and Two, in the Night, with intent to steal the Money and Goods of the said Allen , July 12 .
Mr. Allen. I was call'd up between 1 and 2 o'Clock in the Night, the 12th of July last, by a Neighbour's Servant, who is a Baker, and lives over - against my House. I look'd out of my Chamber Window, and he told me, somebody had been breaking into my Cellar. I desir'd him to watch, 'till I could come down; and when I came to examine the Cellar Door, I found one of the Bolts broke, and the Staples that belong'd to the other, were broke likewise. I had order'd my Servant to fasten them about Eight o'Clock; which he did; for after I had been out, to take a Pint of Beer, I return'd Home, and about Nine, I saw them both fast. When I found the Door broke open, I order'd my Servant to search the
James Overate . I am Servant to Mr. Spurling, a Baker, over-against Mr. Allen's. On the 12th of July, at Night, I was at Work there; and hearing a Noise, I look'd through a Hole in the Window, and saw a Man piddling about the Cellar Window; I ask'd him, what he was doing there? upon which he rose up, and went away without speaking; but I did not speak very loud, for fear some of his Companions might be about the Window, and do me a Mischief. Then I call'd my Master up; and when he and the Servants came down, I went out, and finding Mr. Allen's Cellar Door wrenched open, I knock'd at his Door, and acquainted him with it. He came down with his Apprentice, and as soon as they got a Candle, the young Man went into the Cellar, and I was going to my Work; but before I had got to my own Door, he cry'd out, - he had found the Man. Mr. Allen immediately shut the Cellar Door to keep them both in, 'till I came back; then we open'd the Door, and I help'd to pull the Prisoner out.
Elias Idle . I am Mr. Allen's Servant. I fasten'd the Cellar Window a little after Eight, and push'd both the Bolts home. About Ten, I went to Bed, and a little after One, the Baker knock'd at the Door, and said the Cellar Window was open. Upon this, my Master and I came down, and he order'd me to go into the Cellar, where I found the Prisoner conceal'd behind a Hogshead of Oyl. I call'd for Assistance, and snatching up a Shovel, I stroke him a Blow, which made him reel; then I seiz'd him, and lugg'd him to the Cellar Window, and my Master and the Baker took him out. I don't remember that he spoke one Word, while he was in the Cellar; nor had he any thing about him, but a Steel and a Tinder-box, which the Constable found in his Pocket. My Master is a Currier , and the Goods we have in the Cellar, are Butts of Leather and Oyl, which are pretty Bulky, but we carry them in by that Door. If the Prisoner had got into the House through the Cellar, he must have broke open more Doors.
Prisoner. As to the Steel and Tinderbox, - I was going to my Wife at Colchester, and they were only to light my Pipe, as I went along. And as to my being found in the Cellar, - I had been drinking, and in passing along, I chanc'd to fall down into it.
Mr. Allen. He could not fall into the Cellar, unless he fell into it on purpose, after he had open'd the Door; and I am sure he was quite sober. Guilty . Death .
6. Elizabeth King , of St. Martin's in the Fields , was indicted for stealing three Ounces of unwrought Silver, value 15 s. a Pair of Silver Salts, value 15 s. a brass Head for a Cane, value 1 s. the Goods of James Manners . A linnen Shirt, value 6 s. a Stock, value 6 d. and a reading Glass, value 6 d. the Goods of Anthony Rubey . August 12 . Guilty Felony.
7. 8. * John Slade , and Henry Fluellin , of St. Clement Danes , were indicted for assaulting Henry Davis , in the King's Highway, putting him in Fear, &c. and taking from him a Hat, value 2 s. a Key, value 1 d. a Half Guinea, and 7 s. in Silver . July 9 .
* See Sessions Book No. 1. 1737. Page 17. No. 61, 62.
The Witnesses were examined a-part.
Henry Davis . On Sunday Night July 9, as I was passing by St. Clements Church in the Strand , about eleven o'Clock, three Men came up to me in a hasty Manner; two of them laid hold of me, one on each Side, and they run me up against the Wall, with Pistols in their Hands. Then they struck me several Blows with them, and told me, if I made the least Noise, they would shoot me through the Head, or blow my Brains out. Upon this, the third Man came up and put his Hand into my Breeches Pocket; from whence he took Half a Guinea, 7 Shillings in Silver, a Key and a Piece of Nutmeg. When this was done, they asked me, if I had no more Money about me. I told them, they had got all I had, and immediately the Man that rifled me snatch'd my Hat off. Then they left me, and run thro' St. Clement's Churchyard, and thro' a narrow Passage towards Butcher-Row, so I saw no more of them. I am positive Fluellin is the Man that robb'd me, for I very plainly saw him, as he rifled me, by a Lamp within two or three Door's distance from the Place. I am very positive too, to Udal the Evidence; he was one that held me, and I believe Slade was the other: it was a Man of his Stature, but I won't be positive to Him.
Fluellin. On which Side of the Way, was this Robbery committed?
Fluellin And pray what Distance was the third Man from the rest, before he came up to rifle you?
Davis. They were all pretty near together. As soon as the two Men laid hold of me, the other came up.
Fluellin Well Sir; and what Cloaths had I on?
Davis. Light colour'd Cloaths, with flat Metal Buttons. My Hat was found at a Pawn-broker's by the Direction of Udal. He was taken up for another Fact, and seeing him accidentally in Newgate, I tax'd him with being concern'd in this Robbery; upon which he made a Confession, and discover'd the two Prisoners.
William Udal . I gave my Information before Capt. Margets. The Prisoners and I, about five Weeks ago, met at the Coach-and-Horses at Temple-Bar, where we staid about half an Hour; then we agreed to go a Street Robbing. We accordingly went as far as Charing Cross; but nothing offering, we came back again to the dead Wall by the Gulley-Hole, - 'tis one Part of the Alms Houses near St. Clement's Church-yard. There Slade and I caught hold of the Prosecutor by each Arm, and run him up against the Wall. Then we held a Pistol to his Forehead, and Fluellin came up, and took out of his Pocket a Half Guinea, seven Shillings in Silver, a Key, and a Piece of Nutmeg. When he had got the Man's Money, he snatch'd off his Hat, and we all run thro' the Church-yard, and down the Butcher Row, to a Publick House, where we shar'd the Money. The next Morning Fluellin and I pawn'd the Hat in Aldersgate-Street for a Shilling, which we divided between us, and then we parted.
Fluellin. On which Side of the Way was this done?
Udal. On the Right Hand Side; - there's a Cork-cutters Shop on this Side the dead Wall.
Fluellin. Where did we share the Money?
Udal. Fluellin went into a Pastry-Cook's in Fleet-street, and bought a Tart, or a Cheesecake; there he got the half Guinea chang'd; and from thence we all went to the Thatch'd-house in Field-Lane, and divided the Money.
Henry Atkins . About three Weeks ago I went with the Prosecutor to Newgate, to see Udal. While we were there, Udal desired me to go to Justice Margets, in order to his being admitted an Evidence. I went the next Morning; and his Information was taken, in which he told of this Robbery, and where the Hat was pawn'd for a Shilling, which I fetch'd from a Pawn-broker's in Aldersgate-street.
Fluellin Udal the Evidence is a lewd Rascal; he lives upon the Spoils of lewd Women: He was taken up for another Fact, and made an Information to save himself; but finding the People he inform'd against could not be taken, he made another, and put me and my Friend Slade into it. Mr. Car (who is now in Newgate for defrauding a Banker) drew his Information.
Udal. * Ramsey and I had got some Things from a Surgeon, and I was taken up on that Account. While I was in Custody, Ramsey and Fluellin sent me a Letter, in which they promised me some Subsistence; and this was the Reason I did not put them into my first Information. But when I was before Justice Margets, I thought if I did not inform of all I knew, he would not admit my Information.
* Ramsey was the Evidence against Car and Cross, for defrauding Mr. Hoare. See Sessions-Paper Number V.
Slade. What Cloaths had I on when this Robbery was committed?
Udal. Slade wore then a faded red Waistcoat, and (I think) red Breeches, and a Coat the Colour of mine. Fluellin had light Cloaths, and flat Metal Buttons to the best of my Knowledge.
Ann Clark . I have known Slade 16 Years: I liv'd with his Father and Mother eight Years, and have been always going to and fro the whole Time. For these 13 Months I have regarded his Conduct, and never saw any thing relating to ill, - but on the 9th of July, I met him at the New Church in the Strand, about Three o'Clock, and when the Sermon was over we went together to his Brother's House in Burleigh-street in the Strand, and we were there together 'till Ten of the Clock, - he was never out of my Company; - by the same Token he offer'd to go home with me because it was so late, but I refused him. I have been there every Sunday these 3 Months; for they have a Note of my Hand for Money I owe them, and as they are particular Friends, I always pay them on Sundays. I remember it was the 9th of July, because I made a Memorandum of paying the Money.
Udal. His Sister keeps a rank Baudy-House, - the Sign of the Barley-Mow. I have been at it several Times.
Elizabeth Singer . I believe him to be a very sober Lad; I never heard Ill of him, and always took him to be over-civilized. Ann Thrasher had been a Lodger six Months in his Brother's House; she said he always kept vast good Hours, and that she thought very often, - how happy his Friends were in him, - he was so very sober.
9. Charles Golding , of Hampstead , was indicted for breaking and entering the Dwelling-House of Jane Maria Ward , about Twelve at Night, and stealing two Velvet Hoods, value 5 s. two Velvet Manteels, value 5 s. six silver Spoons, value 12 s. five Silver Tea Spoons, value 12 d. a Silver Tea-strainer, value 6 d. and two silver Salts, value 4 s . April 23 .
George Townshend . Mrs. Ward is my Sister; she lives at Hampstead , and I have an Apartment in her House. On the 23d of April, in the Night, I heard the Latch of the Door go up, so I got up about one o'Clock, and saw the Parlour Windows open. Upon which I cry'd out Thieves! And when the Neighbours came out, I went into the Hall with them, and we look'd over the House. All the Things mentioned in the Indictment were missing, and a Pane of Glass was taken out of a Casement in the Hall-Window, (I suppose) to lift up the Latch and get it open. I have nothing to say against the Prisoner: I only speak to the Robbery, with these Circumstances; and say the Goods lost were the Property of my Sister. I can't be sure as to the Condition of the House over Night, for we are in no great Fear of Thieves, because we keep Things of as little Value there as possible.
Job Trip . I think it was on the 24th of April the Prisoner's Brother's Wife came to my House, to offer these 3 Spoons in Pawn. I thought they were not honestly come by, so I examin'd her about them, she seem'd angry, and went and fetch'd her Husband, the Prisoner's Brother, who told me they were his own. I was not satisfied with this, but got from him - that he liv'd at Hampstead, and that his Name was George Ward , which prov'd to be a wrong Name. I went upon this to Hampstead, and enquir'd for him by that Name; telling the People he appeared to me to be a Painter By the Description I gave of him, I heard his Name was John Golding , and that he liv'd in such a Place. According to the Directions I had got, I went to his Uncle, and enquired if he had lost any Spoons? He told me he had not, but a Gentlewoman who liv'd higher upon the Hill had, and perhaps they might be her's. He went with me to Mrs. Ward's, I shew'd her the Spoons, and she own'd them, and asked me what sort of a Person brought them to me? I described the Man, and she said it was the Man that painted her House a little before The Uncle upon hearing this, begg'd she would be favourable, and he would endeavour to get the Things. Accordingly he brought the Prisoner and his Brother to her House, and the Prisoner took all the Blame upon himself, and said he broke open the House by himself. These 3 Spoons he gave me out of his own Pocket, and when I asked him for the Salts, he said he had carry'd them to his Brother's House, and the Brother run directly and fetch'd them by the Prisoner's Directions. There was a Velvet Hood likewise found in his Pocket, but as I could not be positive to that, I have not brought it.
Mr. Townshend. These Spoons and Salts I know to be my Sister's.
Prisoner. I met my Brother and Sister in London, he was fuddled, and my Sister desired me to take these Things for fear he should lose them. Guilty , Death .
William Backhouse. On the 22d of June last, I was going down to Northampton in the Waggon, and about 6 o'Clock in the Evening, just as we were on the other Side of Mimms Turnpike, the Prisoner and another Man came up to the hind part of the Waggon, and presenting a Pistol he cry'd, - damn you, your Money in a Minute, - your Money in a Minute, or I'll shoot you thro' the Head immediately; and he threatened the Driver that he would shoot him if he did not stop. Upon this, I gave him 8 or 9 s. I did not know exactly what Money I had in my Pocket, but I can swear to 8 s. and am positive to the Prisoner, he rode on a Black Horse, and his Companion on a Grey one. As soon as he had done with us, he said, - now Good-night to you and be damn'd.
William Tarry . The Waggon belonged to me, I was not in the Waggon when it was robb'd, nor did I see him go up to it, but I met him as the rest of the Witnesses were pursuing him, and I endeavoured to take him; but he swore he would kill us all if we came after him. However I rode after him, and caught him, then we carry'd him to the 5 Bells at Mimms, where we got a Constable, and had him before Justice Peirce.
- Keach. I drove the Waggon, and am very positive to the Prisoner, he met me as I was against the Horses, and swore if I did not stand, he would shoot me thro' the Brains; then he rid to the Arse of the Waggon, and put in his Pistol, swearing if they did not deliver he would shoot them all. They were not so ready as he would have had them, upon which he swore again, - if they did not deliver in a Minute they were all dead. His Companion was by him all this Time, and when they had got what they could they rode off; Thomas Cook rode after them on Horse back, I ran after him on Foot, and William Tarry met him, and knock'd him off his Horse, I got over a Hedge to them just as they had knock'd him down.
Tho. Cook. I did not see him rob the first Waggon; but I saw him clap his Pistol into the Arse of the second; so I call'd to Keach and Tarry, and told them the Prisoner had robb'd the Waggon; we pursued him and took him. From the Time he committed the Robbery to the Time he was taken, he was never out of my Sight.
Prisoner. My Lord, they pursu'd me, and knock'd me off my Horse, then they search'd me, and found nothing upon me.
The Constable. No, because he had thrown his Pistol over a Hedge.
Tarry. While I was pulling a Stake out of a Hedge to knock him down with, he presented his Pistol to me, and swore he would kill me; after which I saw him throw it over the Hedge, and when the Prisoner was before the Justice, I went back and found it. This is the Pistol, I found it where he had thrown it.
Prisoner. I was very much disguised in Liquor, because I have a very weak Head, - I had no Pistol at all.
Two Witnesses deposed, they knew no Ill of him before. Guilty , Death .
11. Dean Briant , of St. Botolph Aldgate , was indicted for the Murder of Mary his Wife, by giving her (with a Clasp Knife) on the left Part of the Back, near the left Hip, a mortal Wound, of the Breadth of one Inch, and Depth of one Inch, of which Wound she instantly died , July 7 .
He was a 2d Time indicted for the said Murder, by Vertue of the Coroner's Inquest.
Lydia Cole . On the 7th of July in the Night, I was very ill with the Tooth-Ach, and an Ague in my Head, and not being able to sleep, I walked about my Chamber, which is a Ground Room, and joins to the Prisoner's. About half an Hour after One, I heard somebody knock at his Door once or twice, and cry softly in a Man's Voice, - Molly! Molly! Molly! three Times. The Door was immediately open'd, and he was let into the Room that joins with mine. No sooner was he got in, but Words arose; then I heard a Blow given. Then Words, - then a Blow. At last I heard a Woman in a soft Voice cry, - don't! don't! don't! hurt me! And the Man's Voice answer'd, - then d - mn your Blood you Bitch, don't follow me. After this there were many Words pass'd; and the Woman talk'd to him in a very moving Manner. When the Watchman came Two o'Clock, I heard no Noise, so I lay'd myself down on my Bed; but I had not lain long, before I heard the Woman either crying or squeeling. I jump'd from the Bed again, and heard her groan, for a Quarter of an Hour, and every groan, grew fainter and fainter, 'till I could not hear it at all. From this Time, I heard no Noise, but only a dragging of something along the Floor, and then I imagin'd the Man went out of the House again.
Margaret Carter . I know nothing of the Murder; but I can speak to the Prisoner's Behaviour to his Wife at other Times. The Prisoner, the Deceased, and I, have been acquainted many Years. He always has been very vile in his Behaviour to her: beating and abusing her frequently, though she always behav'd very mildly to him. The worst Words I ever heard her use to him, were, - why do you use me so? 'tis worse usage than I deserve I have seen her fall on her Knees and entreat him not to abuse her, and instead of being mov'd with Compassion, he has beat her 'till she has bled. On the first of February last, she sent for me; I found her darning, or running the Heels of his Stockings. As soon as she saw me, she burst out a crying, and said, she was now at a Distance from every Friend, and had no one to ease her Mind to. Her Husband (she said) was gone abroad in a great Passion; and had told her, that he would neither bed with her, nor ever eat or drink with her more, and that if he met her in the Street, he would certainly kill her; nor
(This Witness confirm'd Mrs. Cole's Evidence, with Regard to the Scituation of Cole's Chamber and the Prisoner's.)
William Brown . The Morning the Deceas'd was murder'd, I ran into the House, and found the Woman bleeding upon the Floor. The Prisoner sat in a Chair by the Table, and cry'd, and said - Lord! what have I done!
Samuel Cooling , Surgeon. I examin'd the Wound; It was about an Inch and a Half above the Hip; and was about an Inch in Breadth, and an Inch and a Half deep. I pass'd my Finger into the Orifice; 'tis my Opinion it was the Occasion of her Death, and that it was made with that Clasp Knife. (A thick Clasp Knife was produc'd in Court.)
The Constable This Knife I took from the Prisoner: 'tis the very same.
Mr. Cooling. I believe the Wound was given with this Knife, for it tallies exactly, both with the Hole in her Stays, and with the Wound.
Q. Would that Knife have wounded her thro' her Stays.
A former Witness. Yes it would: and the Hole in the Stays tallies exactly with the Knife?
Jury. Was the Deceased found dead in the Room where Mrs. Cole imagin'd she heard the Noise?
Mrs. Cole. Yes; I saw the Prisoner in the Morning about Eight o'Clock going in at the Window up Stairs, by a Ladder; when we was got in, I heard him say, - She is not here! When he came down into the Kitchen, he cry'd - O God! O God! my Wife is dead! As soon as the Door was open'd, an elderly Woman ran in. I went in after her, saw the Deceased lying upon the Ground, and a vast Quantity of Blood had run from the Wound. O Lord (I cry'd) the Woman is murder'd.
Woollgar James Oseland . The Night this happen'd, I went to do some Business at Mr. Bishop's, in East Smithfield. Mr. Bishop was going to East Beccles, so he and his Wife and I went out together to see if he could get a Passage in the Ipswich Coach. It was about a Quarter or half an Hour after, when we went from Mr. Bishop's Door; before we had left the Door, the Prisoner came by; Mr. Bishop asked the Prisoner where he was going at that Time o'Night; I am going (says he) to the Strong Man's, to see for my Wife; for I have been Home, and though I see a Light in the House, I can't get in. - Pray where are you going? My Master told the Prisoner, he was going to wait the coming by of the Ipswich Coach. Says he, I will go with you, and will pass my Time away 'till Morning. Accordingly he went with us as far as the Artichoke at Milend, where he laid himself down on a Bench, and said his Nose bled. While we waited for the Coach, he fell asleep, and when my Master had taken Coach, it was with difficulty we wak'd him to come back with us. I took Notice that he was very melancholly, and loiter'd behind my Mistress and me; Lord (says I to my Mistress, in Stepney Church-Yard) what can be the meaning of Brian's being so melancholy? When we came to the Half-way-House, he went up to the Side of a Pond, and there he stood while we walked 20 or 30 Yards onwards. Surely (says I to my Mistress) the Man is not going to make away with himself! However, he came up to us in Nightingale-Lane, and asked my Mistress to go round with him to his House, to see if his Wife was got up; but she, wanted to go to her Sister's to get a Dram, and would not go with him, so we left him and came Home. Just after Four o'Clock, he came to our House, and staid till Eight in the Morning; then he went out, and he had not been gone above a Quarter of an Hour, before it was blown about, that he had murder'd his Wife.
The Prisoner in his Defence said, that he was employ'd by one Harvey, to go Master of a small Vessel , and that he had been that Night with him, from Twelve or One o'Clock, till Two. That he came to his House about half an Hour after One, or near Two, but could not get in; therefore he intended to have gone to the Sign of the Strong Man, but meeting with Bishop, his Wife, and Oseland, he went with them to the Artichoke, at Milend; that from thence he came Home again,
Mr. Harvey depos'd, That the Prisoner, on the 7th of July at Night, left him about One of the Clock, and that he saw no more of him.
Mrs. Cole added, that it was near half an Hour after One when she heard the knocking and calling at the Door. Guilty . Death .
Mr. Boughton. On the tenth of last Month, about Eleven o'Clock at Night, as I was going home thro' Long-Acre to Westminster, the Prisoner came up to me, caught hold of each Side of my Collar, and said d - n you, I have got you now, - deliver all you have, or else G - d d - mn you, I'll murder you; and upon this, he quitted his left Hand, and took off my Hat. I bent forward, and drew my Sword, between the Prisoner and my self; then I got hold of the Prisoner's Left Hand, and declar'd, if he offer'd any farther Violence, I would run him thro' the Body; and I call'd the Watch. Then he endeavour'd to run me up an Alley, and having fast hold of the Right Side of me, he tore my Shirt out of the Collar, and down the Holland. While I call'd out Murder, I saw another Fellow come up, to whom the Prisoner gave something out of his Hand, but I can't swear it was my Hat. When the Watch came up, I charged them with the Prisoner for assaulting and robbing me, and the Prisoner charged the Watch with me, for drawing my Sword in the Street upon a naked Man, and all this while he had hold of my Collar. I deliver'd my Sword to the Watchmen, and went to St. Martin's Watch-house to give the Constable Charge of the Prisoner. He, in Vindication of himself, said my Breeches were down, and that I wanted to b - gg - r him. This is the Hat I lost at that Time; this Watchman afterwards brought it to the Watch-house.
John Barber , Watchman. I was within fifty Yards of Mr. Boughton when he cry'd out Murder 5 or 6 Times. When I went up, the Prisoner had him fast by the Collar, drawing him about. Mr. Boughton's Hand was thro' the Hilt of the Sword, with the Point down; I desired him to deliver his Sword, which he did immediately; but the Prisoner still kept his Hold and tugg'd him about. He made no Excuse for himself, 'till he came to the Watch-house; then he said the Prosecutor took hold of his Private Parts, and that his Breeches were down; but they were not upon my Oath.
Prisoner. Ask him whether the Prosecutor charged me with robbing him before we came to the Watch-house?
Barber. Mr. Boughton was in such a Fright, he hardly knew what he did; but to the best of my Remembrance, he told me, the Prisoner had robb'd him of his Hat. When we got to the Watch-house he pretended to come upon the Prosecutor for B - gg - ry.
Prisoner. How came I to go to the Watchhouse?
Mr. Boughton. I had hold of him.
Barber. He could not help it; we had so much Help, he could not have made his Escape.
Prisoner. Did not Mr. Boughton want to get away?
Barber. Mr. Boughton desired not to be lugg'd about, and said he would surrender himself to the Watch. When the Prisoner came to the Watchhouse, there happen'd to be Mr. Rawlinson and 3 other Constables there, who all knew him the Minute they saw him: they gave him the Character of a very vile Fellow, and said he had been drumm'd out of the Guards.
Mr. Boughton. He was drumm'd out of the Guards for Sodomy.
The Prisoner in his Defence said, Mr. Boughton came up to him in the Street, and made use of Words and Actions which signify'd a vile Intention, upon which he collar'd him, and then Mr. Boughton drew his Sword. That when the Watch came up he wanted to get away, but that he (the Prisoner) did not attempt to escape.
Jury We desire the Prosecutor may be asked, whether the Prisoner attempted to make his Escape?
Mr. Boughton I had hold of him, and he had hold of me; but seeing the Lanthorns coming up, he quitted his hold, and would have got off; and when he found they were just upon us, he clapp'd hold of me again.
John Ellis , a Soldier, gave an Account that the Prisoner was turn'd out of the Guards for deserting twice; but that he never heard him charged with Dishonesty.
Others deposed to the same Effect, and that they had heard the Prisoner had a small Annuity, paid him half yearly. One of them mention'd a Gentleman's Name, of Clement's Inn, who (he was inform'd) used to pay the Prisoner Money; but none of them were able effectually to prove it. Guilty . Death .
13. Sarah Woodcock , of St. Giles in the Fields , was indicted, (with Joseph Blison , and Joseph Meadows , not taken) for assaulting Thomas Pulpin in a certain Alley, near the King's Highway, putting him in Fear, and taking from him a Silver Watch, value 4 l. a Portugal Piece of Gold, value 36 s. two Guineas, and 9 Shillings in Silver . Aug. 27
Thomas Pulpin . About 11 at Night, Aug . 22. as I was going home, I met the Prisoner and two Men in an Alley that goes into the Cole-Yard , she came up to me, and said I had got Money, and she must have it; and if I spoke a Word, there were two Men would knock my Brains out. I was afraid of my Life, so I let her take it easily. I felt her Hands in my Pocket; and when she had done, the two Men call'd out, - Fiend of Hell, come along. While she was robbing me, they stood about 4 or 5 Yards off. She took from me a Watch, a 36 Shilling Piece of Gold, 2 Guineas, and 9 Shillings in Silver; (the Money was in a Purse) and then she and the two Men ran away together. I was afraid of following them, for Fear of being murder'd, therefore I went to the first House I found, and told the Man I had been robb'd. He ask'd me if I knew the Persons? I told him, No, I did not; but I had hear'd the Woman call'd Fiend of Hell, by the two Men that were with her. O! (says he) if it was Fiend of Hell that robb'd you, I can find her out in the Morning; and in the Morning she was found out, and I am positive she is the Person that robb'd me.
George Lines . Mr. Pulpin came to my House the 22d of August between 12 and 1 at Night, and said he had been robb'd. I asked him if he knew who robb'd him, he said the Woman was call'd Fiend of Hell. O! says I, I know that Gentlewoman, sit down till Morning, and I will go and see if I can find her. Next Morning I went to a House in Drury-Lane, and called for a Pot of Beer, while I was drinking the Prisoner came in, so I took her, and the Prosecutor said, she was the Woman that had robbed him. She was very drunk when I took her, so I carry'd her to the Round-house 'till she was sober; then I had her before Justice Poulson, and he committed her. I heard her own the Robbery before the Justice, but I can't tell whether it was reduced into Writing or not.
Jury. We desire Pulpin may be asked what Time of Night he was robb'd?
Pulpin To the best of my Remembrance 'twas about 12 o'Clock. I was looking for a Friend that had been in a Quarrel when this happened.
Jury. By what Light did you observe her Face?
Pulpin. It was not so dark but I could see her Face very well, I swear she is the Woman that robb'd me. I can't say the Moon shone, but it was very Star-light.
Jury. Were there any Lamps near you?
Pulpin. No, but I saw her plainly, and am positive to her.
- Lyon. I went with Mr. Lines the next Morning to see for the Prisoner at a House where she lodged in Drury-Lane. While we were there she came in with Betty Davis , and Betty had got a short Cloak, a Shirt, and a check'd Apron, which she said she had been to buy for the Prisoner. Upon this we sent for Pulpin, and he charg'd a Constable with her for robbing him. She was searched directly, and 31 s. and 6 d. were taken from her; and as she was fuddled, she was sent to the Round-house till she was sober, then she was carry'd before Mr. Poulson, and as we were coming from thence, she desired the Constable to let her have half a Crown, and said Pulpin might have the rest, for it was his Money, and she begg'd he would be favourable to her.
Defence. I met Mr. Pulpin, and he enquired of me if I could tell him where Moll Thompson might be found, she was one that he kept Company with, and he promised to make me drink if I could find her; so I went to 2 or 3 Places, and at last he carry'd me to Lines's House, and he sells Spirituous Liquors -
Lines. Mr. Pulpin never brought the Prisoner to my House in his Life as I know of. I never saw her there with him. Guilty , Death .
William Hatton , and Edward Hatton , were indicted for stealing 168 lb. of Lead, value 14 s. the Goods of Persons unknown, July 8 . Both Guilty 10 d .
18. Elizabeth Banfield , was indicted for stealing a silver Tea Spoon, value 1 s. 141 Copper Half-pence, and 1 s. in Silver, the Property of William Frasier , and 2 linnen Aprons, value 10 s. 2 linnen Caps, value 6 s. a silver Girdle Buckle, value 12 d. and several other Things, the Goods of Robert and Mary Heathfield , Aug. 23 , Guilty, 10 d .
20. Margaret Duncomb , alias Johnson , was indicted for stealing 2 Gold Ring, value 18 s. a Copper Saucepan, value 2 s. 6 d. 2 linnen Frocks, value 12 d. and several other Goods , the Property of John Jackson , July 22 . Acquitted .
The Councel for the King observed, that the Prisoner was brought before the Court for an Offence of very great Consequence to the Publick, viz. for diminishing the current Coin of the Kingdom, which was expresly declared High-Treason by the Statute of the V. Eliz. Chap. 11, on which the Indictment was founded; so that the Question before the Court was only a Question of Fact, which would be prov'd by a variety of concurrent Circumstances, as the Defendant had no Accomplice in the Crime with which he was charg'd. And that the Proof arising from a Number of such Circumstances, was more satisfactory and conclusive, than the positive Testimony of a single Person; because a great variety of Circumstances can't all tally one with another, unless they have their Foundation in Truth, &c. &c.
The Evidence having been open'd, the Witnesses were called.
Matthew Martin . I am a Teller at the Bank, and it having been observed for some Time, that abundance of (what we call) light Guineas, were paid in by different Porters, we several Times examined and weighed those which were brought by Porters, and finding them always light, we acquainted Mr. Collier the Cashier. He order'd us to watch the Porters, and accordingly the first Porter that came to pay in Money, and take a Note, I follow'd, and saw him deliver the Note to the Prisoner.
Councel. How many Porters may you have observed to have been employ'd in this Business?
Martin. Thirty or 40.
Councel. How many have you dogg'd, and seen go to the Prisoner?
Martin. I believe near 20.
Councel. In what Places did they generally deliver him the Money or Notes?
Martin. At different Coffee-houses and Taverns. Once or twice I have observed the Porter to deliver a Note to him in the Street.
Councel. Did the Porters know that they were dogg'd?
Martin. No, they did not; and all the Times that I follow'd the Porters, I never saw any of them deliver a Note, but to the Prisoner alone. I believe within these last three Months I have seen 20 Notes deliver'd to him in this Manner, of 30 l. and 35 l. Value; and they generally used to be brought back in a Day or two by Porters, who receiv'd Money for them.
Councel. Does it often happen, when a Man takes out 20 Notes in so short a Time, that they should all of them be so speedily return'd?
Martin. No; it does not often happen so.
Councel. Do you remember the Note that was given in the Name of Robert Gipton?
Martin. Yes; it was for 30 l. but I did not receive the Money for this Note. 'Twas on Account of this Note the Prisoner was taken, but I was not the Person that took him. He was taken in July; the particular Day I don't remember; - it was several Days after the Date of the Note, and the Note was dated the 10th of July, I saw it deliver'd to him originally, by the Porter that took it from the Bank. When he was taken this Note was produced to him, and Mr. Franco declar'd he had it from the Prisoner; he (the Prisoner) then own'd he had negotiated Notes, but he said, he could not tell who he had this Note from, nor did he know any such Person as Robert Gipton , to whom the Note was made payable. After he was taken up, his Lodgings in Wood-Street were search'd, where we found 2 Memorandum Books, and this File, in the Prisoner's Buroe, up one pair of Stairs. He was with us when the Search was made, he
Counc. Did he then know he was taken on Suspicion of filing Guineas?
Martin. Yes; he had been before the Lord Mayor before.
Counc. You say there had been twenty Notes deliver'd to Porters, in the Space of these three Months last past; - in what Names were they taken out?
Martin. In many different Names, - not one, in his own Name.
Jury. At what Places did you see Porters deliver Notes to the Prisoner?
Martin. At several different Places: - at the Globe-Tavern, Fleet street; the Chapter Coffee-House, Pater-noster-Row; Sam's Coffee-House, and a Coffee-House near his Lodging, in Silver-Street, - Morris's Coffee-House. Once I saw a Note deliver'd to him in Aldersgate-Street; another likewise was deliver'd to him in the Street, but as I took no Memorandum of it, I can't recollect what Street it was.
Counc. You say none of these Notes were made out in his Name.
Martin. No; none of them. He has been at the Bank, to transact Business himself, and then he always went by the Name of John Harris . In the Memorandum-Book which I found in his Buroe, there was an Account of the Money he had sent to the Bank, and of the Persons, by whom 'twas sent; though he had told us when we took him, that he kept no Account of Bank Notes. The Memorandums in the Books, I take to be the Prisoner's Hand-writing; for I have seen a great deal of his Writing, and he own'd the Books were his.
Counc. You say you did not receive the 30 l. that was paid in, in order to have this Note, payable to Gipton.
Martin. No; it was paid to Mr. Burchall, a Teller at another Table, but I stood by when Mr. Burchall receiv'd it, and I desired him to let the Money lie by itself, 'till the Porter who brought it, was gone, and then I carry'd the same Guineas to the Cashier, to be weigh'd; while the Porter was gone to the other Part of the Hall, for a Ticket, in Order to have a Note made out; and nine of them were found deficient.
Jury. Were the rest full Weight?
Martin. We did not weigh them exactly, but only to a five Penny-weight. I don't doubt but there were more light one's among them, and the best of these Nine, were 8 or 9 Grains short. The Note that was made out for the Porter that brought this Money, was in the Name of Robert Gipton, and I follow'd him, and saw him deliver it to the Prisoner, (I think it was) in Fleet Street. As to the File, it had the Appearance of Gold in the Teeth of it, when I took it. It is in the same Condition, as it was when I found it, and has never been but one Night out of my Custody, and then it was in the Cashier's Drawer.
Counc. Is it common for a Person to take Notes out, in any Name but their own?
Martin. 'Tis done sometimes; but 'tis not common.
Counc. Is the Porter here that took out Gipton's Money?
Martin. I believe he is not.
Prisoner. When was the first Time you observ'd a Porter to bring light Money, in order to have a Note?
Martin. I think, about a Twelve-month ago.
Prisoner. Where's the Money you first observ'd to be light?
Martin. Paid away, I believe.
Prisoner. Where's all the rest?
Martin. Circulated in my Cash, and paid away, 'till the Fraud grew rank.
Mr. Burchall. I am a Teller in the Bank of England. On the 10th of July, a Porter brought 30 l to me, and I gave him a Ticket in order to his having a Note made out for the Money, in the Name of Robert Gipton; but suspecting that he came from the Person that had transacted Business by several Porters, and the Paper he brought being in the same Hand with those brought by other Porters, I took Care not to blend the Money, and got Mr. Waite to weigh it. There was 28 Guineas, a Half Guinea, and 1 s. 6 d. and nine of the Guineas were found too light. They were weigh'd while the Porter was gone to another Table to have his Note made out, and I think Mr. Martin was present when they were weigh'd. We did not secure the Porter then, because we thought the properest Time would be, when he came to have the Note paid.
Counc. You say the Papers which the Porters brought with the Money, were always in the same Hand writing?
Burchall. Yes; always in the same Hand, but never in the same Name.
Counc. Explain yourself concerning the Papers, which the Porters brought with the Money, to entitle them to receive a Note.
John Beresford . This Note, payable to Robert Gipton, was made out at the bank the Day it is dated. I enter'd it in the Cash-Book, and this is my Hand, (upon the Note.) I countersign'd it, and deliver'd it to the Cashier.
Mr. Martin I saw this Note making out; it was deliver'd to the Porter, and I saw the Porter deliver it, or something like it, to the Prisoner. 'Twas deliver'd in the Street, and I stood on the other Side of the Way.
Mr. Waite. I weigh'd the Guineas, and found nine of them too light. I have them here. Here is a Guinea of the late King's; Date, 1719, eight Grains, that is 16 d. wanting. Another of the late King's, 1722. twelve Grains wanting, that's 2 s. Another of his present Majesty's, 1737. wants 8 Grains, about 16 d.
Councel. 'Tis impossible that should be worn so much.
Mr. Waite. Here's another of the late King's 1726, wants 7 Grains, that is about 14 d. Here is one of King Charles II's, wants 12 Grains, 2 s. - but perhaps there might be 3 or 4 Grains lost by the Wear of this. Here's one of K. James the IId's, 11 Grains wanting. But here is one of King William's which wants 13 Grains, that is 2 s. 2 d.
Councel. This has indeed been rubb'd to its inmost Ring.
Mr. Waite. Here is one of Queen Anne's which wants 8 Grains, and another of Queen Anne's that wants 10 Grains; and these are the very identical Guineas, paid in for Robert Gipton's Note of 30 l. I was by when Mr. Burchal took them, and I weigh'd them directly. The rest of them might want 2 or 3 Grains, or thereabouts. When I shew'd them to the Prisoner, he said, he never saw them before. In my Opinion, the Deficiency plainly appears to have been made by filing.
Thomas Adams . I live with Messieurs Abram and Jacob Franco : I receiv'd this Note from the Prisoner on the 27th of July. I am sure 'tis the same Note that I receiv'd from him. He bought 3 Bags of Cochineal of us, and gave us that Note in Payment. I took Notice of the Name (Gipton) when I took it, and said, it was a comical Name. But however I enter'd it, as receiv'd, and my Master's Son enter'd it in the Bill of Parcel's Book.
Abram Adams , Porter. I know the Prisoner very well: I have been employ'd by him to carry Guineas to the Bank. And from the 15th of November 1734, to the 12th of April 1736, I have gone 17 Times for him, and carry'd always, - from between 20 to 30 l. The last Time was the 12th of April 1736, and I paid the Money at this Gentleman's Table: He said he did not like the Money, and took the Scales to weigh it; when he had done, he said there were 13 Guineas too light, and he had a good Mind to stop the Money. He asked me, who I brought it from? I told him, from a Gentleman that was at the Castle in Woodstreet; and after he had paused some Time, he bid me take the Guineas away - I should have no Bill, and order'd me to tell the Man that sent me, that the next Time he sent such Guineas, they should be stopp'd. I carry'd the Money back to the Prisoner, and told him what the Gentleman said; and from that Time to this, he never sent me with any more Guineas to the Bank.
Councel. Did you know who the Prisoner was, or where he liv'd?
Adams. No; the People at the Castle, from whence he used to send me, were often wondering who he was, and thought it very strange, that he should never carry his Money himself.
Councel. What Name did he go by?
Adams. I did not know his Name; - we called him, - our Bank Master; but from the Time I told him what they said of his Money at the Bank, I lost my Bank-Master.
John Robe . I am a Porter at the Bull-Head, the Corner of Smithfield. I have carry'd Money to the Bank for the Prisoner a great many Times; - I believe 30 Times or more. I have done it for him two or three Years, and have carry'd 20, 25, and 30 l. The most I ever went with at a Time was 35l. I never knew his Name, nor whence he came, nor where he liv'd; but his Method was, to come to our Corner, and carry me from thence to the Bear and Ragged Staff in Smithfield, where he gave me the Money.
Counc. You never asked him why he did not go himself?
Robe. No, he gave 6 d. a Time, and I was glad of the Job. When I had got a Bank Note for his Money, I used to deliver it to him sometimes
Counc. You say you never knew his Name?
Robe. No, none of us knew his Name, and we must call him by some Name or other; so we call'd him our Bank Master.
Robe. No, never. I remember he has order'd Notes to be made payable to the Names of Holmes and Holt, and Austin; we had a great many Names, and perhaps once in a Week or Fortnight we might have the same Name over again.
Prisoner. Was any of the Money you carry'd ever scrupl'd at the Bank?
Robe. No, 'twas good Money for ought I know. I have carry'd many a 100 l for the Grasiers and Salesmen in Smithfield to the Bank. I have carry'd a great deal of Money for Mr. Pym, and have taken a Note for it in my own Name.
Thomas Turner . I am a Porter. I know the Prisoner very well, I have gone these two Years and a half for him, from the Bear and ragged Staff with Money to the Bank, and have brought him Notes for 20, 25, 30, and 35 l. sometimes I have gone once a Week, sometimes twice; but I never received any Note in the Prisoner's Name. When I had got the Note, I used to carry it to him sometimes to Sutton's Coffee-house, and sometimes to Dolley's in Aldersgate street. I believe I have carry'd Money for him 15 or 20 Times, and I never found there was any Scruple made in receiving the Money. I have carry'd Money for Graziers and Salesmen; their Money and the Prisoner's was all alike I thought. I have carry'd Money to the Bank for Mr. Pym, and have taken a Note in my own Name. 'Tis about 2 Months ago since I carry'd any for the Prisoner.
John Bickerstaff I am a Ticket Porter, and ply at the Bull Head in Smithfield, I know the Prisoner very well; within this Year and half I have carry'd Money to the Bank for him about twenty Times. The Sums were from 20 to 30 l. and I have carry'd the greatest part of the Notes to him at the Bear and ragged Staff; and sometimes to Dolley's and Sutton's Coffee-houses. I did not know his Name till he was taken up;. we always called him our Bank-Master, and I am sure I never received any Money or Notes for him in the Name of Thomas.
Tho Hobbs I am a Ticket Porter, and ply in Little-Britain, I have been employed by the Prisoner these 2 or 3 Years, to fetch Money from the Bank; I never carry'd any in. Sometimes have gone twice in a Week; but he seldom fall'd sending me once a Week or a Fortnight, and I always received the Money in the Name of Charles Smith .
David Kingstone . I am a Ticket Porter in Aldermanbury. I have paid Money into the Bank for the Prisoner a great many Times; - 20, 25, 30, 35, and once 36 l. that was the last Time but one He has frequently given me the Money at the 3 Nuns in Aldermanbury, and has appointed me to bring him the Note, sometimes to a Coffee-house in Aldersgate-street, and sometimes to another Place. The last Money was 30 l. which I carry'd on the 20th of June. I knew his Name was Jonathan Thomas, and I used to wonder why he never paid any of the Money in at the Bank in his own Name.
Counc. How came you to know his Name?
Kingston. I saw him once go down into a Wine Cellar in Aldermanbury, and when he was gone, I asked who he was? The Man that kept the Cellar told me his Name was Thomas; and that he had been a Holland Trader, but had left off Business for some Time. After this, I used to enquire for him at Coffee-houses, (when I had got Money for him) by his own Name. I have seen the Money I carry'd to the Bank paid away before my Face, and do not remember that any of it was ever scrupled.
William Mitchell . I ply in Aldersgate street, and have been (within this Year and half) 20 Times (or more) employ'd by the Prisoner to carry Guineas to the Bank, which they have told over, and have seen them paid away again directly.
John Lant . I ply in Aldermanbury, and have received for the Prisoner from the Bank at several Times 170 l. I have received likewise 30l. at Sir Francis Child 's for him. The last Money I received for him at the Bank I was to pay him in Guild-hall, where he said, I should find him walking about. Accordingly I found him there, and we went into the Sheriff's Court, where he told it over, and half a Guinea was missing. I desired him to let me know where he liv'd, and I would leave half a Crown at his House as I cou'd spare it, 'till the half Guinea was paid. No Matter where I live, says he, I'll call upon you; so he paid me 6 d. for the Jobb, but would not inform me where he liv'd.John Chambers ) upon every one of them in his Presence.
Mr. North. Upon apprehending the Prisoner, and the Design to search his House, the Prisoner desired he might go with [Text unreadable in original.]us, open the Things himself. Accordingly Mr. Sandwell and I, Mr. Martin and the Prisoner, we to his Lodging. The first Thing we opened was his Desk; in the uppermost Drawer of the Scrutore were these two Memorandum Books, and in the same Drawer I found this File, in which there are Particles of something like Gold. After this, I was informed the Prisoner had a Ware-house, and a Cellar under it in Hare-Court in Aldersgate street; upon searching it we found (in the Warehouse) only a few empty Casks, and some Lumber; not so much as a Crevise to let in Light; even the Key-hole of an old Door was stopp'd. In the Cellar we found a Breach in the Brick-Wall, as if a Filing Board had been set up in that Place, and a square Trough with a Ledge round it, and something like Charcoal Dust in it; we found likewise a Lamp, and the Wall black, (as we apprehended) from the burning of a Lamp or Candle against it. The Dust in the Trough we got wash'd, and then try'd it with Aqua Fortis; this is what was left, and it has the Appearance of Gold. The Place is so enclosed, that no one can look into it; there is indeed a slight Partition which divides off a Part of the Necessary-house, for the Use of the People above Stairs, but is in such a Manner, that they can't see into the Prisoner's Cellar.
Mr. Moore. The Prisoner is the reputed Occupier of this Warehouse and Cellar. The House belongs to Capt. Innocent; I have liv'd there two Years and a half, and he has been the Possessor of it so long; during which Time, I never saw any one but the Prisoner go in, or out.
Mr. North. Upon examining the Memorandums found at his Lodging, we observ'd the Names of several Porters set down, which have now appeared; it seems to be an Account of the Transactions of the Porters, and the Days of the Month when they were sent; among others, - here's 30 Robert Gipton , - Charles Betts .
Mr. Sandwell. I was present when the File and the Memorandums were found, at the Prisoner's Lodging in Wood-street. Upon Messieurs Franco being question'd about this Note of Gipton's, they directed me to the Prisoner, and he told me, he knew nothing of it, and that he made no Memorandums of Business transacted at the Bank. The Note was carry'd to the Bank, the 28th of July, and the Monday or Tuesday following, I ask'd him about it, but he said he knew not how he came by it. I desired him before he was taken up, to let me know who he dealt with, and in what Goods; but he huffed and asked what that was to me: I gave him to next Day to recollect, and accordingly Mr Martin and I went next Morning to his Lodgings; he was not at Home, but we met him in the Street and took him.
When we search'd the Warehouse, we found only Lumber; but we observ'd a Stove with an Iron Door to it, which will melt Gold as well as a Furnace; and there was likewise a Trap-door into the Cellar. By the Stove, we found an earthen Pan, in which were Grains of the meltings of Gold, among other Dust. This was wash'd by Mr. Duck, and after it had been try'd with Aqua Fortis, there was about twenty Grains of Gold. We took up about a Quart of Dirt, which Duck wash'd, and in it we found Filings of Gold. Some Days after this, I went again, with Mr. Doiley, the Constable, (I never went alone) and looking about the Cellar with the Candle, I thought I saw some Gold Dust in the Bottom of a matted Chair, so I knock'd the Dust out into a Paper, and Mr. Hayward, the Refiner, try'd it in a Crucible with Argol, but nothing was produced. I was surprised I should be so deceiv'd, and went again to look at the Chair; still I thought there was Gold Dust in it, and I beat more Dust out of it, which Mr. Duck wash'd, and after it had been try'd with Aqua Fortis, and had gone through the Fire, it yeilded about sixteen Grains. This was got from the second dusting of the Chair, and in order to be assured of its being Gold, I carry'd it to the Mint, where an extraordinary Fire was made, and here it is, assay'd, and the Assay-Master's Report.
Mr. Hayward, Refiner. This assay'd Piece is fine Gold, of 24 Carracts. Standard Gold, is but of 22 Carracts. This, though the finest of Gold, might possible have been taken off Guineas, because it's having undergone these Operations, may have consum'd the Allay, and brought it above Standard.
Mr. Sandwell. This is the same Gold we found in the Dust; I stood by the Assay-Master while he try'd it.
Prisoner. I would ask whether he, or some other, did not carry some Dirt got in the Mint, and scatter it upon the Chair.
Mr. Moore. Though I have liv'd two Years and a Half in the House, yet I never saw any Business carry'd on in the Prisoner's Warehouse. I have heard indeed, that he dealt in Brandy and Rum, before the Commencement of the Act against retailing such Liquors, but I never saw any Thing of it, nor any Goods of any Sort ever carried in, or out; nor did I ever see any Body go in, or out, but the Prisoner alone. Part of the necessary House is divided off into his Cellar, and the Boards are a little loose. When I have been at the Vault I have heard a small Noise, like Filing in the Cellar, and this about half a Score Times, I believe; but I never saw what he was doing. The Neighbours have wonder'd what he did in that Warehouse, but I had no Suspicion of this Business.
Prisoner. At such Times as you heard this Filing in the Cellar, can you say I was in it?
Moore. I don't know who was then in the Cellar. 'Twas not like the Noise of Filing in a Smith's Shop, but like the Filing of something small.
William Plevy . The Prisoner has rented the Warehouse and Cellar between 3 and 4 Years. At first, he dealt in Brandy and Rum; but since the Act, I don't know what Business he has followed. I live over-against the Warehouse, and have seen him go in, and out, several Times a Day, but never with any body with him. Whenever he went in, he lock'd himself in, and I have observ'd him to push against the Door to see if 'twas fast. I was with those that search'd the Dust, and told them, there was Gold in the Trough, and in the Bottom of the Chair. I used to wonder how he liv'd.
Mary Moore confirm'd Mr. Moore's Evidence; and said she had heard a Noise in the Cellar, like a small Filing, but she did not know who was at such Times in the Cellar. She had seen the Prisoner go in and out a hundred Times, but never any one else, nor did she ever see any Goods carried in or out. And that the Prisoner generally staid there, a great while at a Time, always lock'd up; and tho' there might be Light in the Cellar, yet she never could see any glimpse of it.
Prisoner. Is there no other Apartment joins to the Cellar?
Moore. No dwelling House; the next Building is a Stable, - and it could not be the Horses that were filing.
Mr. Hayward, Refiner. I have bought Gold of the Prisoner, but not within these Twelvemonths, and have sold him 50 or 60 Pound's-worth of Pieces of Eight; (Portugal Money) The Gold he sold me was melted into small Bars, about 3, 4, or 5 ozs. weight, and might be sometimes a little better, and sometimes a little worse, than Standard. The Portugal Money we esteem as Standard Gold. I have dealt with him 3 or 4 Years.
Mr. Cook, Refiner. The Prisoner has several Times brought Ingots of Gold to my Counting-House to sell. Within this Year, or Year and Half, I have bought three or four Times of him Ingots, about 8, 10, or 12 ozs. weight That which comes from the Indies, is in Horseshoes, of about 20 or 24 ozs. weight. I took the Prisoner to be a Man of Reputation.
Brian Russel . I am an Ironmonger; and have sold the Prisoner, Files and Crucibles (for melting Metal) these three Years. The Files were two-Penny Handfiles, smooth on one Edge, Pillow Files, and other small Files; midding and small Cut. I have sold him about 20 Crucibles, - they are apt to break in the Fire. I sold him Files 6 or 7 Weeks ago; and likewise before the Spirituous Liquors went down.
Prisoner. The Crucibles I used to turn Lead into Dust.
Mr. Russel. The Files he had of me, were mostly such as are used by Watchmakers.
Defence. When these People, my Lord, call'd upon me about this 30 l. Bank Note, I told them it might possibly have been in my Possession; for I had several Notes upon Goldsmiths, and upon the Bank, in my Possession, and did not know the Names of any one Person mentioned in those Notes; only I look'd upon it as necessary to take some Account of the Numbers, and the like, in case of any Accident. As to the Occurrences in the Pocket-Books, I don't know on what Occasion I made the Memorandums; - some were made a long Time ago. As to my receiving Money from the Bank, in many different, and perhaps fictitious Names, (from whence They would infer I clipp'd the Money I receiv'd) the Reason was this; I have a Load of Debts upon me, and among my Creditors, is a Gentleman, a Director of the Bank; and Mr. Nathaniel Gould (lately deceas'd) was another. This was the Reason I conceal'd my Name, - lest my Creditors should fall on me, thinking I had more Money than really I
Mr. Sandwell. There was some Leaf-Gold in one of the Drawers, but 'twas not in the Drawer where we found the File.
Prisoner. As to the Bank-Note, they don't swear it was the Note that the Porter deliver'd me, - Mr. Martin only says, the Porter deliver'd me a Paper. - I never saw the Note, but at Grocers hall
Mr. James Hewey . I have known the Prisoner four or five Years; I have been at his House, and he has been at mine, and I always took him to be an honest Man, and never suspected his getting Money in an irregular Way. I live in Aldermanbury. I have lent him 70 l within these two Months, and would have chang'd a Bank Note for him at any Time. I knew nothing of his Way of Business my self, only I have heard he dealt in Cochineal. When he dealt in Brandies, I heard he had a Warehouse, but I never knew where it was.
Mr. Shaw. I have known the Prisoner about twenty Years; I took him for an honest Man: he was the Son of as worthy a Man, as any in the Kingdom of Ireland. He had 2000l. with his Wife, out of a Quaker's Family, and he himself rented an Estate of 150 l. a Year. I was concern'd with him, to carry a Ship loaden with Lath and Pantiles from Rotterdam to Dublin, and he gave up his Commission, because he saw there would be Loss upon the Voyage. He came here on Account of Losses in Ireland. These brought him to England, and while he was here, I imagined he subsisted on his paternal Estate As to his Warehouse, I did not know he had one 'till now. - That was a Secret to me.
William Trotter . I don't know much of Mr. Thomas. I never saw him 'till about 4 or 5 Years ago I have heard he dealt in Brandy and Rum, and he serv'd a Publick House which I used with those Liquors, about 3 or 4 Years ago. I heard he had a Warehouse, but I did not know where it was, nor how he has subsisted this last twelve Months.
Nicholas Hague . I have known him between 4 or 5 Years. He bore (I thought) the Character of a very honest Man. I never had any Dealings with him, nor do I know how he liv'd these 2 or 3 Years. I thought he had used the 'Change; and had traded and bought Bargains. I heard he had a Warehouse somewhere, but I never saw him buy or sell any thing in my Life.
Hannah Burges . I have known him 2 Years, and bought Liquors and Jars of Snuff of him. I have help'd him to Customers, some of them (indeed) have been but very indifferent ones. In his Warehouse ('tis a dark Place) there formerly stood a dark dirty Board a Yard long, propp'd up with a Stick where Drawers and Funnels used to stand. I live over-against him: He has taken Pounds of me, and I have help'd him to take Pounds. I have bought Snuff of him within these 6 Months; Stone Jars that held 7 lb. and Bottles of 2 lb. I never saw any body go in beside himself, but he has desired me, if any one came, to take a Message for him.
Charles Brown , Upholster. I have known the Prisoner 5 Years; he always bore a good Character. I did not take him to be a Clipper, but thought he had Money enough to carry on a good Trade, and I believe he carry'd on Trade in as honest a Way as other Merchants do.
Prisoner. I have sold several hundred Pounds worth of Pieces of Eight, and Mr. Waite has given me a Note for the Money.
Mr. Waite. I never saw him (as I know of) in my Life till I saw him at my Lord-Major's.
William Holmes , a Porter, had carry'd a great deal of Money to the Bank for the Prisoner, which was never scrupled, and the Prisoner always paid him for the Job very honestly. - But he neither knew his Name, nor where he liv'd.
Mary Green , (with a large File) The Prisoner bought the Files for Lead, to file it small, and to Powder. They were common Files, - here's one of them; the Prisoner, (my Master) always supply'd me with Files.
Counc. And where did you use to work?
Green. At my own Lodgings in Fire-street. The
Counc. And how much was you to to be paid for your Labour?
Green. I was not for making any Bargain, - I don't know, - 3 d a Pound I was to have - I am sure I was above a Week a filing Lead for him.
Counc. Have you been us'd to this Employment?
Green. I have done a great deal; but I don't know what it was for. I have done a dozen Pound, and I believe I might be a Fortnight about it.
Counc. How much had you for doing it?
Green. Five Shillings. - No, three Shillings. There might be a Matter of 12 or 14 lb. of it. I put it into a Vice and fil'd it, and then gave it to him.
Counc Here, - did you ever use such a File as this? (shewing the File found in the Prisoner's Burean.)
Green. No, - but 'tis according to the Bigness of the Lead.
Counc. How long have you carry'd on this Business of filing Lead?
Green. Not long. I was a Fortnight about one Piece; they said it was fit for many Things, - very fit for sodering. I am sure I have worn out 2 or 3 Files upon one Piece - But then they were not new Files.
Counc. Where do you live?
Green. At Mr. Lewis's, at the White-Lyon and Three Pidgeons in Fore-street
Counc. Have you ever fil'd Lead for any body but the Prisoner?
Green. No; only for the Prisoner; he taught me the Business. I was a Fortnight a filing, I am sure. - 'twas heavy, - very heavy, - common Lead, - nothing else.
Prisoner. Why did not you bring the Lead with you?
The Jury found the Prisoner guilty . Death .
23 Sarah Avery , was indicted for stealing a Linnen Shift, value 18 d. 3 China Cups, value 6 d. a Brass Candlestick, value 6 d. and 4 s. in Money , the Property of Mungo Laws . August 5 . Guilty 10 d.
24. Samuel Pomeroy , was indicted (with John Brown (not taken) for breaking and entering the House of Daniel Bamfield , about 9 at Night, and stealing 2 Shirts, a dimitty Waistcoat, and a Common-Prayer-Book, the Goods of the said Bamfield. And 3 Cambrick Aprons, a Holland Apron, 3 Linnen Shifts, 6 Caps, and 3 Pair of Sheets, the Goods of Randall Rhodes , Esq; Feb. 5 . Guilty Felony only .
25. Freeman Collins , was indicted for assaulting Margaret Buck on the King's Highway, putting her in Fear, and taking from her a Linnen Handkerchief, 3 Shifts, a Linnen Apron, and a Pair of Pattens . March 12 . Acquitted .
William Young. On the 7th of August, between 11 and 12 in the Forenoon, the Prisoner, and another young Fellow, came into my House. The Man at the Bar said he had been riding hard, and was gall'd, so he desired me to spread him a Bit of Diaculum Plaister; which I did, and he gave me 3 d. for it. They were no sooner out of the House, but I miss'd my Hat; upon which, I immediately went after them, and took the Prisoner, with my Hat under the Lining of his Coat. He begg'd I would use him civilly, but I charged a Constable with him, and carry'd him before Capt. Margets, who committed him.
Prisoner. The Person that was with me in this Fact, was Robert Ramsey , the Evidence against Cross and, in the Business of the Forgery upon Mr. Hoare. I made my self an Evidence, and put Fluellin and Ramsey into my Information. Guilty 10 d .
Ann Williams, about 12 Years old , gave an Account that she ran away from her Mamma, and the Prisoner's Wife sent 2 Girls to carry her to their Lodging, where she found the Prisoner alone, who perswaded her to lie down; with Relation to what pass'd afterwards, she express'd her self in Terms requisite to the finding the Prisoner guilty.
Martha Gay . The Girl's Mother, confirm'd some Part of the Child's Evidence, and gave a long Account of the Condition she found her in, and the Means she made use of for her Recovery from the Foul Disease.
Mr. Green, Apothecary, depos'd, that he made up the Medicines as for a Venereal Case.
Jenny Wademan and Margaret Norman deposed, that the Girl used to lie out o'nights frequently in Drury Lane, and Covent Garden, and that she told them, Gentlemen used to give her 6 d. and a Dram.
William Abbey , 13 Years of Age, declar'd that Nan Williams call'd him to play with her, and gave him the foul Disease, and one Wells a Soldier swore, he knew how to treat a Venereal Patient, and that the Boy was then under his Care. Acquitted .
The Evidence to fix the Fact upon the Prisoner was George Mason , who lived near Holy Well Mount, to whom the Prisoner was a hired Servant at 5 l. a Year. From his Testimony it appeared, that she used to edge the Guineas, after he had fil'd off what he thought proper. The Discovery was made by the Evidence's sending the Prisoner to Mr. Duck, a Watch Case Maker, with a Box of Gold Filing, ( seal'd up ) in Order to be melted down. Duck suspected the Gold, and acquainted the Officers of the Mint, who waited for the Prisoner's Return for her Gold, and so she was seized; but the Evidence not being satisfactory to the Jury, she was acquitted .
30. George Whalley , of St. Michael Crooked-Lane , was indicted for the Murder of Hannah his Wife, by giving her with a Clasp Knife a mortal Wound, on the left side of the Head, of the length of one such and a half, and of the Depth of one Inch, of which she languished from the 10th of June , to the 6th of July, and then dy'd .
He was a 2d Time indicted by Vertue of the Coroner's Inquest for the said Murder.
Eliz. Dur. The Yard that belongs to the Prisoner's House and our Yard join together, they are parted by a thin Wainscoat Partition, and there is a loose Board that lifts up between the 2 Yards On the 10th of June I was in our own Yard, and heard the Deceased say, she would not be lock'd into the Kitchen. I listened, and heard the Prisoner curse and swear at her in a violent Manner, then he shut her and himself into the Yard, and told her she had robb'd him of all he had, and that he had not a Farthing to help himself with. She told him she had not, and the Quarrel encreasing, I lifted up the loose Board, and saw him take Hold of her Shoulder, and pull off a Handkerchief which she had upon her Neck; then she cry'd out Murder, and I observed a large Clasp Knife in his Hand upon her Shoulder. This is the Knife, and the Blood is still upon it. I was not above a Yard from him, and saw him plainly cut her across the Shoulder; then he moved his Hand higher, and cut her in the Neck; and then he moved it again, and cut her nearer her Ear. After he had cut her in this Manner, he open'd the Kitchen Door, and push'd her into the Kitchen. Our Sink likewise is parted from theirs by some slight Boards, and when I ran to alarm our Family, I saw her leaning over the Sink, and bleeding into it in a very violent Manner. When the Neighbours came in, he open'd the Door and ran away. I have often heard him abuse and curse her, and never heard her give him any Provocation. This was the 10th of June between 5 and 6 in the Afternoon.
Nathaniel Harris . On the 10th of June, when I came Home to Dinner, (I live in the same House) the Prisoner was cursing and swearing at his Wife, because a Gentleman that had got his Money, would not let him have it again, but had told him he would make him knuckle down to his Taw. The Prisoner told her, the Gentleman wanted him to go into the Country, away from his Wife, but he said he would not go, for they shou'd not live together long, and she would die first. He very frequently cursed and abused her, - the House was never at Peace for him. He has been in the Counter before, for abusing her. I told him I would hang myself if I was he, no, (he said) he wou'd not; so I went from Dinner between 1 and 2, and saw no more of it.
Prisoner. I was overcome by her aggravating me.
Joseph Barber . The poor unfortunate Woman, was my particular Acquaintance. When I heard the Prisoner had cut her Throat, I went to see her, and found it true. Her Head was wrapped up in Cloaths, and she was very bloody. Seeing her in this Condition, I ran for a Surgeon, that she might have proper Care taken of her. Then hearing that the Prisoner was at Brown's Coffee-House in Fenchurch-Street, I went to him, and he call'd me vile Rogue, and said, I had got his Money. On Sunday I went to see the Deceased, and she desired me to do her Justice; and on Monday, I appear'd against him before the Lord-Mayor.
Q. How long was this before her Death?
Dun. She liv'd a Month after the Thing was done.
Barber. When she was given over, and her Case was judg'd desperate, and when I thought she knew nobody, she grasped me by the Hand, and
Prisoner. That Man has got my Plate.
Barber. I am a poor Man, and have been at a great deal of Charge.
Mary Hignal . I liv'd on the same Floor with the Deceased, (Mrs. Harding) she chose that Name, and did not care to be called by the Prisoner's The Morning this happen'd, I went into the Kitchen, and heard him call the Deceased a great many Bitches. I reprov'd him, and he call'd me Bitch, and told me, if I did not be gone, he would murder me. Upon this, I went to the Door of my own Room, and heard him continue to abuse her; after some Time, she went up two or three Stairs, toward another Apartment; he got hold of her to pull her down, and she clung to the Bannisters of the Stairs; but he kick'd her under the Arm, tore her down Stairs, and kick'd her again on the Breast. While she stood in the Passage, he went into the Kitchen, and bid her come in; she refused, and said he had got a Knife, and had some ill Design against her. He said he had none, but I heard a Knife clasp. Then he went down Stairs, and was in and out all Day. But about six in the Evening, he came into the Kitchen again, and spit in my Face, and I spit in his Face, and went out. Immediately the Prisoner shut himself in, with his Wife, and I run up to Harris's Room, and said, I believ'd the Man was going to kill his Wife. Upon this, Mrs. Harris and I, came down, and heard the Deceased cry - Murder, in the Yard; but I could neither get to them, nor see them; and being in a very great Fright, I ran down, and went into a Chandler's Shop, and told the People, the Prisoner had murder'd his Wife. They said, perhaps I might be mistaken; I ran up Stairs again, to see if I could get into the Kitchen, and I met the Prisoner coming down Stairs into the Alley, with one Hand bloody, and the other in his Pocket. When I got into the Kitchen, I found Mrs. Harding (the Deceased) leaning upon her Hand, and bleeding very much. I believe I saw a Gallon of Blood which she had lost.
Barber. The lower Part of the Prisoner's House is a Warehouse; and there is a Pair of Stairs that goes from the Alley up into the upper Part of the House. The Kitchen and the Yard is up one pair of Stairs, and the Yard is pav'd and runs over the Warehouse. She had a Cut under one of her Breasts; another cross the other Breast; these were not very deep; one in her Throat, so deep, that every Time she drank, her Wind-pipe might be seen. Another by her Ear, which was very fatal! There was another Gash on the back-part of her left Shoulder, and another towards the back-part of the right Shoulder; She had seven Wounds in all. At first, she thought she should have got over in, but the Night before she dy'd, and the next Morning, all she crav'd was, that every one would do her Justice, for she had got her Death's Wound.
Cristopher Bradshaw The Prisoner on the 10th of June, between 5 and 6 in the Evening, pass'd by me in Mincing-Lane, in a great Hurry. Two Boys were pursuing him, and calling out, - for God's Sake stop that Man, - he has murder'd his Wife Upon this, I pursu'd him, and took him just entring into Billiter Square, and told him I was a Constable and would detain him 'till I was satisfied of the Truth of what the Boys told me. He begg'd I would not believe them, and desired me to take a Bottle or two of Wine with him; but seeing both his Hands bloody, I asked him how they came so? He told me he had been carrying a Lamb's Head Home. By this Time, the Boys came up, and said, - that was the Man that had cut his Wife's Throat. Upon which I carry'd him to Brown's Coffee House, in Fenchurch-Street, where he was secur'd while I went to enquire if the Thing was true. When I came to his House, I found it so, and saw Mr. Merrit, the Surgeon, dressing her Wounds, so I came back and took him before the Lord Mayor, and he committed him. He had this Clasp Knife, bloody, and a great Sum of Money in his Pocket when he was taken.
Mr. Merrit, Surgeon. On the 10th of June I was called to dress the Deceased's Wounds, she had received 6 Wounds, one upon the Sternum or Breast Bone, one on the left Breast, one by the side of the Wind-pipe, one on the right Shoulder, another on the left, and one near the left Ear; which Wound was the Occasion of all the fatal Symptoms that ensu'd; for the Puncture or stabbing in that Place had open'd an Artery. This Wound was triangular, as if the Knife had been jobb'd in, and then drawn along, 'twas pretty deep, but when an Artery is cut, we never make Use of a Probe. The Consequence of this Wound, was such an Effusion of Blood, as Nature at her Years (and I believe she was about 60) could not bear. She was lost by the great Effusion of Blood. She died the 6th of July, which was 26 Days after the Accident happened. This
Mr. Doughty, Apothecary. After Mr. Merrit had dressed the Wounds, I was sent for to the Deceased. I found (from the great Effusion of Blood) her Pulse languid, and an Inflammation on the Glands of her Throat, for which I ordered her proper Medicines. She had likewise a symptomatic Fever, and was bad o'Nights. I call'd in a Physician, not caring to trust to my own Judgment, and at length the Fever Intermitted, and we had Hopes of her Recovery; but in the principal Wound there was but little Digestion of the Matter, and it affected the Muscle on the other side of the Neck, upon which fell a fresh Collection of Matter. The Wounds were the Occasion of her Death.
The Prisoner said little or nothing in his Defence, and the Jury found him Guilty . Death .
36. Michael Salmon , was indicted for breaking and entering the Dwelling-house of Penelope Stevens , about 12 at Night, and stealing 30 lb. of Soap, value 10 s a wooden Cask, value 1 s. and 24 lb. of Cheese, value 6 s 3 lb. of Worsted, value 3 s. and many other Things, the Property of the said Stevens, and sundry other Persons , Aug 9 And,
39. Jane Billingsley , alias Low , was indicted for stealing a silver Butter-Boat, value 40 s. 2 linnen Table Cloths, value 4 s. and a Napkin, value 6 d. the Goods of William Grasing , in his Dwelling-house , Aug 17. Guilty 39 s .
41. Thomas Curtis , was indicted for breaking and entering the House of Mary Hymers , between 9 and 10 at Night, and stealing 2 pieces of Cloth, cut out for a Waistcoat, value 8 s. the Goods of Joseph Hymers , Aug: 12 . Guilty , Felony.
42. James Hunter , was indicted for stealing a Portugal Piece of Gold, value 3 l. 12 s. one ditto, value 36 s. two Guineas, a Half Guinea, and 12 s. in Silver, the Money of George Jackson , in the House of Edmund Stollard , July 3 . Guilty 39 s .
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death, 9.
Burnt in the Hand, 2.
To be Transported, 26.
Charlotte Markson , John Miles , John Collins , Michael Salmon , Elizabeth King , Thomas Cox , Jane Billingsley , William Smith , Thomas Curtis , Mary Leadman , Edward Wells , John Jackson , Richard Randall , Mary Guise , Elizabeth Rustin , Thomas Bevan , Ann Gaffney , William Parker , Ann Thomas , Middlemore Smith . William Hatton , Edward Hatton , Elizabeth Banfield , William Standford , Ann Hicks , Samuel Pomeroy .