WEDNESDAY the 11th, THURSDAY the 12th, and FRIDAY the 13th of OCTOBER;
In the 12th Year of His MAJESTY'S Reign.
Eighth 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 Threepence.)
BEFORE the Right Honourable Sir JOHN BARNARD , Knt. Lord-Mayor of the City of London; the Right Hon. the Lord Chief Justice Lee; the Right Hon. the Lord Chief Justice WILLES; the Worshipful Mr. Serjeant URLIN , Deputy-Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
John Lucas. On the 14th of September, in the Night, I lost two heavy black Mares, out of my Grounds at Thollowson, in the Parish of Dunchurch, in Warwickshire ; and my Servants having Inform'd me that two sorry Fellows had been lurking about the Ground the Evening before, I enquired of every one I met, if they had not seen two such Persons with two Mares, and was told they were gone towards London; I followed them to St. Alban's, where a Man told me he had seen them at Redbourn Wash, coming for London; at the New-River-Head I heard of them again, and was informed they would certainly be push'd into the Market for Sale; upon this I went directly to Mr. Cleaver, in Smithfield, and searched the Toll-Book, and got a Friend to search the Inns about Smithfield and St. John's-Street, while my Landlord and I went to cross the Water, in order to look for them in the Borough, and just as we were going to take Boat, the Hostler came to us, and told us the Mares were found at the Pewter-Platter in St. John's-Street; we returned with the Hostler, and saw them; I am positive they are the same Mares that I lost from Thollowson; as to the Prisoners, I can only say, they answer the Description my Men had given me of them; I can't say I ever saw them before.
Lucas. The Prisoners were carried to the Justice, - before I got back to the Inn, where the Mares were found.
James Gill . The Morning we found the Mares at the Pewter-Platter, Machell was talking to a Man about one of the Mares; the other ( Wilkinson ) was a-bed, but was fetch'd down Stairs. I thought it might be proper to part them, so I took Wilkinson into the Kitchen, and asked him some Questions, in answer to which, he said, he knew nothing of the Matter, nor from whence the Mares came; then he said he bought them at Woburn Fair for Twenty Pounds, and they were his own; and then Machell said he bought them himself.
John Maxwell . On the 15th of September about 7 at Night, the two Prisoners brought the Mares into our Yard; one rode one of them, and the other Man led in the other. On the one were two Saddles, the other had no Saddle but four Bridles. They bid me take Care of them, litter them and make them clean; which of them in particular gave me this Charge, I cannot take upon me to say, - they both came together, and gave me charge of them; then they went into the House, and sent for me to drink with them, and Machell again bid me take Care of his Mares. My Master Jones coming in, I told him those two Men had two good Coach Mares; - and I'll be hang'd then, says he, if they have not stole them. When the Prisoners were gone to Bed, he and I went to look at them, one was about four Years old, and the other about six. In the Morning my Master got Mr. Markham to come and look at the Mares, and I call'd Machell to shew him one of them. He warranted the Mare to be sound; and while Mr. Markham and he were talking together, this Gentleman (Mr. Salter) came in and sent for a Constable, and Mr. Cleaver sent after Mr. Lucas, and fetched him back. I went before Mr. Poulson to swear I received the Mares from the Prisoners. They told me I needed not give them any Corn, for they had given them as much as they would eat at Whetstone. This was on Friday Night, and the next Morning Mr. Lucas came and owned the same Mares, which the Prisoners over Night had given me Charge of.
Machell. I was going down to Northampton, and met with this Wilkinson, and the two Mares. He told me he had bought them, and offer'd to satisfy me if I would come with him to Smithfield Market to sell them.
Wilkinson. He had none of the Mares from me. I met him at Newcastle under Line with them and a Sorrel Mare, which he swopp'd away at Daventry, and afterwards it was claim'd by another Man I had got 4 or 5 l. and thought to have got a Place, but I spent it with him, and he promised to pay me again when these two Mares were sold.
Machell Guilty . Death . Wilkinson, Acquitted .
Christiana Stedman . A Woman's Scarlet Cloak, value 5 s. a black silk Hood lac'd, val. 5 s. the Goods of Ann Williams , in the Dwelling-house of the said George .
Henry George . On the 10th of September my Family and I had been abroad; we came home about Seven at Night, and I being the last Person that went in, I took the Key from the outside of the Door, and put it into the Lock, on the inside, and latch'd the Door, though I did not lock it. The House is in Catherine-Court, in Princes street, Lothbury . We sat 'till about 11, and before we went to Bed, the Watchman beat past 9, 10, and 11 o'Clock very hard, and the Door did not open. When we went to Bed I bid the Maid make fast the Door, and I suppose the Watchman having beat at it, and she seeing the Key in the Lock, imagin'd it was fast; but a little after 4 in the Morning the Prisoner (who is a Watchman , and was upon Duty that Night) came up Stairs, with a Neighbour, to my Chamber, and told me, the Door of my House was wide open, and he thought proper to let me know it. I thanked him for his Care, and gave him 6 d. then I went down, and seeing the Brass and the Pewter standing as they did when I went to Bed, I fasten'd the Door, and was going to my Chamber again; but missing my Hat, (worth about 12 or 14 s.) I call'd up my Family, and then we found one had lost one thing, and another, another Thing. I miss'd nothing but my Hat; and the next Morning a young Man came and told me the Prisoner had sold a Hat; and that the Man who bought it, had pawn'd it in Grub-street. I went to see it, and it prov'd to be mine. When he was before the Lord Mayor, he said he found the Door open, and going in, he saw two Hats hang up, so being a poor Man he took one of them. The Hat was produced before the Lord-Mayor, and he confess'd it was the Hat he took.
Christiana Stedman . I liv'd in the House with Mr. George, and lost on the 10th of September at Night, a Velvet Mantelet, worth 15 s. a Hood lac'd, worth 5 s. a Cambrick Apron, worth 5 s. a Cambrick Handkerchief, 2 s. 6 d. a Tortoise-shell Snuff-box inlaid with Silver, 10 s. a Nutmeg Grater 6d. a Muslin Tucker, half made, 1s. By the Beadle's Information I found the Mantelet, the Hood, Apron, and Handkerchief, at Mrs. Abdy's in Grub street; she keeps a Publick-House, and there the Prisoner had pawn'd them, or sold them for 19 s. and I paid the Money for them.
Ann Williams. I lost a scarlet Cloth Cloak that Night, worth a Crown, and a black silk Hood lac'd, worth 5 s. I was present when the Cloak was found at Abdy's, But the Hood I never had again.
Margaret Follet On Monday Morning, Sept. 10, about 4 o'Clock, the Prisoner call'd out, and said, - here's a Door open; I bid him stay at the Door 'till I came down. He told me 'twas not my Door, however I desir'd him not to go from it 'till I came down. He did so; and I found Mr. George's Door wide open; but as the Brass and Pewter was standing, I was in good hopes nothing was gone. The Prisoner and I went up Stairs to call Mr. George to shut his Door; and he gave the Watchman 6 d. and thanked him for his Care; but in an Hour or two afterwards I heard of these Losses.
Forsby Cotton On the 11th of Sept. I heard that Mr. George had been robb'd, and the Prisoner being suspected, I took him up before my Lord Mayor, who committed him to the Compter. Some Days after, I went to see him in Prison, and he told me, that several of the Things were at Mrs. Abdy's, and own'd he had taken them out of Mr. George's House, himself. I inform'd these Gentlewomen what I had heard, and went with them to Abdy's, where we found the Things that have been mention'd. As to the Things that are not found, he told us he knew nothing about them.
Ellen Abdy . The Prisoner brought me a Velvet Manteel, a Hood, Handkerchief and Apron, and a scarlet Cloak, on the 11th of September, and pawn'd them with me for 19s. He said they were his Wife's, and that he bought them for her of a Man that ow'd him Money, but as they wanted Money, to prevent her lying in the Street with a young Child he must dispose of them. So I let him have the Money, and afterwards these Gentlefolks came and claim'd them.
Thomas Gwyn . I am a Watchman in the same Ward with the Prisoner. The Morning after the Robbery was committed, I heard the Prisoner had sold a Hat, and found out the Person he had sold it to, who told me he was to give 6 Shillings and half a dozen of Beer for it. The Tortoise-shell Snuff-box and the Nutmeg-grater, I found the next Morning in a Closet in the Prisoner's
Mr. George confirm'd these Circumstances.
Richard Roberts . Last Monday was a Month, I bought a Hat of the Prisoner for 6 s. and 6 Penn'worth of Beer. As I had no ready Money to give him, I pawned it for 2 s. which I gave him in part of Payment. He told me 'twas his own, and I was to have paid him the rest of the Money on Saturday Night.
Prisoner. He did not give me the 2 s. I had but 18 d. I never was at that Stand before that Night, and was told that the Door was open by another Watchman, so I came with him to the Door, and pull'd it close, telling him 'twas only an empty House. Then I went away, and when I came again to beat my Rounds, I struck at the Door and it flew open. Mr. Cotton came to me in the Counter, and promised to give my Wife half a Guinea if I would tell him where the Things were, and when he had got what he could out of me, he gave her nothing at all. Acquitted of the Burglary, and Guilty of the Felony, 39 s.
Susanna London . I live with Mr. Farrow in Hounsditch I don't remember the Day of the Month, but 'twas in the Morning about a Fortnight ago; I was in the Room behind the Shop and heard a Noise in the Shop. When I came out, I found Mr. Jarvis (the next Witness) and the Prisoner in the Shop, and saw him take one or two Parcels, (I can't tell which) out of the Prisoner's Hands; but Mr. Jarvis charged him with taking 2 Parcels, which were both opened; in one of them were 3 pair, and in the other 2 pair of Boys yarn Hose, which I know were Mr. Farrow's Property, and were worth about 3 s. 3 d. He fell down upon his Knees, and begged he might be let go, and said it was the first Fact.
Tho Jarvis . I saw the Prisoner go into Mr. Farrow's Shop, and take 2 Papers of Stockings off the Shelf, and was going away with them, but I ran in and stopp'd him, and took the two Parcels from him; in both Papers were 5 pair of Stockings. He fell upon his Knees, and promised if I would let him go, he would never do so any more.
Defence. I went into this Shop to enquire for one Mrs. Gill a Mantua-maker, and this Mr. Jarvis followed me, and said he saw me take the Parcels. The Jury acquitted him.
5, 6. John Fosset alias Powell , and William Sylvester , of St. George's Middlesex , was indicted for assaulting Jane Hussey in the King's Highway, putting her in Fear, &c. and taking from her a silver Thimble, value 1 s. and 8 d in Money , Sept. 5
Mrs. Hussey. On the 5th of Sept. I took Coach at Night with Mr. Southall, and Mrs. Arkin at Pye-Corner, to go into Princes-Square in Ratcliff-Highway : 'twas 11 o'Clock by that Time we turn'd into the Square. Before we got to our Door, 2 Men came with Pistols, - one on each Side of the Coach, and having stopp'd it, they demanded our Money, Watches and Rings in a Minute, or else they would kill us. To the best of my Knowledge, Sylvester is the Man who was on the Side of the Coach where I sat, I take him to be the Man by his Apparel, Stature and Voice. By his Size I believe Powell to be the Person that was at the other Door. Sylvester was the Man to whom I deliver'd a silver Thimble, worth 1 s. and 6 d. in Silver, and about 2 Penn'orth of Half-pence, for Fear of my Life. I can say more to Sylvester than I can to Powell, for it was dark, and there was no Lamps, nor any Moon; but there was a Light from a Window in a House No. 9 and a Maid came to light 2 Gentlemen out of Doors at No. 6, by which Means I was able to distinguish Sylvester's Face. I never saw him after he had robbed me, 'till I saw him at Justice Farmer's, and there I said he was the Man, to the best of my Knowledge; for when the Light was come to the Door at No. 6, they stood some Minutes, and the Gentlemen who were at that Door were coming to our Assistance, but they bid the Coachman drive on, and they ran away.
Powel. Were they Englishmen or Irishmen that robbed you?
Mrs. Hussey. I think they were Englishmen, they spoke like such.
Joseph Hatton , Coachman. On the 5th of Sept. at Night, I was called to carry these two Gentlewomen and Mr. Southall from Pye Corner to Princes-Square. As I turned out of Ratcliff-Highway, I observed two Men following the Coach, and I had not gone far into the Square before they took hold of the Horses, and each of them presenting a Pistol, they said if I stirred an Inch they would shoot my Brains out. Then they went up, (one
Jury. We would ask whether he knew them by their Voices, or directly upon the Sight of them?
Hatton. The People belonging to the Prison did not know what Business I came upon, nor had any one said a Word to me before I pitched upon the Prisoners. I knew them by Sight; - and by their Cloaths.
Powell. He came into the Prison not like a Man that would do Justice. He came and took no Notice at all of his Business there, till he was going out. Please to ask him if he did not ask a Creature in the Yard, who were the Men that were there, on Suspicion of robbing a Coach?
Haiton. There was a Woman there who asked me to give her a Pot of Beer, and I did so, but it was after I had pointed to the two Prisoners.
Henry Southall . I was in the Coach when 'twas robbed in Princes-Square. It stopping suddenly at No. 8. I put my Head out to bid the Coachman drive to the next Light, and immediately a Man came up to me, with his Hat in one Hand, and a Pistol in the other, and cry'd d - mn your Bloods you are all dead, if you don't deliver your Watches and Money this Minute. Powell (I think) is the Man that was on my Side of the Coach, and I sat on the left Hand Side. I don't swear possitively, I only say I believe in my Conscience he was the Man; for he was by me a good while, and gave me 2 or 3 Jobbs on the Belly with his Pistol. As to Sylvester, I can say nothing to him, I am more positive to Powell, for when he had got what he could, he want off a little Way, and then came back again, and told us we had not given him all we had about us. When I heard that Mr. Brown's Coachman had taken two Men for robbing his Coach, I went to New Prison, and the Keepers Wife had about 8 or 10 call'd up; - most of them were in Irons, but I did not much mind that, I looked only at their Faces; and as soon as ever they came up, I said, - Madam I need not give you any farther Trouble, I believe I see the Man that robbed me; and when they were examined before Justice Farmer, I pick'd Powell out again, and said, - he was the Man.
Powell. Please to ask him if he did not say before the Justice, that the Men who robb'd the Coach were Irishmen, and were taller and bigger Men than we are?
Mr. Southall. No, I said no such Thing; for they damn'd and cursed so fast, that I could not distinguish what Countrymen they were.
Mary Arkin . I was in the Coach at the same Time the 2 Men came up to it. Sylvester I take to be the Man who was on my Side of the Coach. I really believe him to be the Person, from the View I had of him by a Light which I saw at a Distance; I took Notice of his Face, and of his Cloaths; he had then on the same brown Coat that he wears now. I take Powell to be the Man who was on the other side the Coach by his Stature, he had on a brown Wig, and a lightish coloured Coat, - not the same he has on now. As soon as they came up to us, they cryed d - mn you, your Money, Watches and Rings in a Minute. I charged Sylvester with being the Man that was on our Side, when I saw him before the Justice.
Defence. John Miller I am Turnkey of New-Prison; when Hatton the Coachman came to the Goal, he called for a Tankard of Beer, and spoke to a Prisoner; what he said to her I can't tell. I asked him who he wanted, and he told me he came to see the 2 Men that were here, on Suspicion of robbing the Coach in Ratcliff-Highway. Let them have fair Play, says I, and called the Prisoners, I believe 7 or 8 of them were ironed, and these 2 Men in particular were double iron'd. I bid him be sure, for their Lives were depending; upon which he looked round, and pointing to Sylvester, he said, I believe that Man is one. I bid him again be sure, and he asked me whether I would have him say wrong. Then turning himself
Tho Lander . I keep the Suttling House in New-Prison, and saw Hatton when he came to the Prison. He has but one Eye, and I know him again. He came directly into my House, and call'd for Beer, and for one or two of the Women Prisoners; and I heard him ask them in the Yard, (not in the House) which were the Men that came in on Suspicion of robbing the Coach? The Women told him they were the Men which were double-iron'd.
Q. Was this Discourse between Hatton and the Women, before, or after he had pitch'd upon the Men?
Lander. I did not apprehend he had pitch'd on them before. I saw him when he came first into the Prison, and the two Prisoners were then walking about the Yard. I saw neither of them sitting; Sylvester was smoaking, and both he and Powell were walking about. He pitch'd upon them, when the Prisoners were call'd together, but they were both double iron'd.
Jury. We desire to know, if he saw the Coachman as soon as he came in at the Gate?
Lander. I did not see him come in at the outer Gate; but I saw him and another Man come in at the inner Gate, - the checquer'd Gate. Here's one of the Women he spoke to, before the Prisoners were call'd up.
Cordelia Taylor . 'Tis common for People in Jail to stand at the checquer'd Gate, to see if any of their Acquaintance comes; and seeing Hatton, I knew him, and asked him to give me something. He asked me which were the Men that robbed the Coach? I told him they were double iron'd. Aye, says he, here they are, and right or wrong I will swear against them, or else I shall come into bad Bread. He said nothing else, - only that he did not know them; and this Discourse was before he saw them.
Jury. How long might Hatton be in the Yard before he went into the Tap-house?
Taylor Half a quarter of an Hour.
Jury. Because Lander swore he came directly from the Gate into the Tap-house, and call'd in the Women.
Taylor. This Discourse was before he went into the Tap-house; and after this I went with him into the Tap-house, but I did not change a Word with him there. Lander was by, (in the Yard) when this Discourse pass'd and he might hear it. He was present when Hatton said he would swear against them, right or wrong, and I believe heard us all the Time. There was a Man came in at the Gate with him, but he walked towards the Tap, while we talked together.
Jury. 'Tis not above half a Mile.
Fosset. From the last Day of August to the 7th of September, my Son was at home every Night from Night-fall to next Morning. I have but one Room, and my Bed and my Daughter's is in the same Room. 'Tis a Cellar, into which we go down 3 or 4 Steps. He had an Ailment upon him, which made it improper for him to continue on Board his Ship, so he came home, and I 'ointed him every Night; he lay in my Daughter's Bed; she lay with me, and if he went to sleep, he could not go out of the Room without my Knowledge, I am sure of it, - from the Bottom of my Heart.
Ellen Fosset . The Prisoner, Fosset, is my Brother; he lay in my Bed, on Sunday Night, Monday, Tuesday, and Wednesday Nights; my Mother was curing him of a Distemper, and he was at home on Thursday Night too, and was 'nointed for his Rash. I don't know what Month this was, nor the Days of the Month, nor how long it was after this, that he was taken up. - I have no Learning, but I know he was a-bed every Night before I came from Work, and I always left him a-bed in the Morning when I went out.
Joshua Snowden . I went with Hatton to New-Prison; he went thro' both Gates, and shew'd me Sylvester smoaking a Pipe, and Powell, at the farther End of the Yard, pitching Half-pence, and told me they were the Persons that stopp'd his Coach. I did not see him speak to any Woman, before he fix'd upon the Prisoners; but afterwards we went into the Tap-house and had a Pot of Beer, and then he spoke to a Woman and made her drink. I was with him all the Time, and did not hear him say any thing like what Lander and Taylor has sworn. He only said, - they were the Men. Richard Anthony was likewise with Hatton and Snowden at New-Prison; he confirm'd exactly their Evidence, and said, that Hatton shew'd them the two Prisoners before he spoke to
Then they were tried on the Second Indictment.
Henry Southall gave the same Account as in the former Trial, adding, that he was on the left Hand Side of the Coach, with his Face towards the Horses; that upon the Prisoners demanding their Money, he gave 6, 8, or 10 s into the Person's Hat, who was at the Door, next to which he sat; and though there was a Light standing in a Window, yet he rely'd not on that, but rather distinguish'd the Man's Face by the Light of the Night, because it was very near his own for some Time; and as the Attack was on the East Side of the Square, he had more Light into the Coach over the Gardens, by which he discern'd Powell's Face, and thought him to be the Man who attacked that Side on which he sat. He deposed, that Powell curs'd and swore so incessantly, that he took Notice of none but him. And that when he was before Mr. Farmer, Powell declar'd he was on Board the Chester Man of War, on the 5th of September, when the Robbery was committed; but afterwards he seemed to be in Doubt, whether the Prisoner mentioned the 5th of Sept. or no.
Hatton the Coachman, gave his Evidence as before. He added, that Sylvester was on the right Hand Side of the Coach, next the Light which the Maid brought to the Door, and that Powell was the first that laid hold of the Horses. He was asked again, (and was reminded that he was on Oath) whether he spoke to any one in New-Prison, before he pitched upon the Prisoner? His Answer was, that he spoke to no one, 'till he fix'd on them; and as for Cordelia Taylor , he never spoke to her at all.
The Prisoner asked Hatton, if he had no Discourse with the Captain's Wife, between the Gates of the Prison? and he said he only desired to be let in, and that was all.
Mrs. Hussey and Mrs. Arkin spoke as on the former Indictment.
William Bolt , William Purey , and Tho. Moore , gave Sylvester the Character of an honest, poor, working Fellow. Moore said, he had been faulty on some Occasions, but he did not know that he had been guilty of Thieving.
Powell's Mother was sworn again, and begun with her Son's extraordinary good Character, and gave much the same Account as before. She was asked, if she could remember the Day of the Month on which he was taken up? She answered, she could not recollect that, - only she remembered, - it was the Monday after the 7th of September. She was farther asked, whether he lay in her Room from the 7th of September, to the 11th (which was the Day he was taken.) And she could not say he did.
Ellen Fossett, (the Sister) spake as before, and could not ascertain the Time of her Brother's coming for Cure from the Ship, nor of his Continuance in her Mother's Room. - He might lye there (she said) about a Week, - then (she said) about a Fortnight, but he could not go out, because she lay at the Foot of her Father and Mother's Bed, and he could not go out (after he was in Bed) without going over their Bed, and though he had gone softly, she must have heard him. She remembered particularly his being anointed by her Mother with Brimstone and Hog's-Lard, every Night.
Mr. Southall. Mrs. Fossett came to speak to me about her Son, and to beg that I would be favourable. She told me if I would transport him, she would fall down on her Knees, and pray for me every Time she came by my Door. I told her I did not like to be robb'd with a Pistol; no, my dear Honey, said she, you are mistaken, - he never robb'd with a Pistol in his Life. Why, how did he use then to rob, says I? He seldom robbs on Land, said she; most of the Robberies that he has committed were upon the Water. On Sunday I met the Beadle of the Parish ( Mr. Blowfield ) and I found by him he had a bad Character, - that of a Robber.
Fossett (the Mother.) I did go to Mr. Southall, and asked him if he could charge my Son with any Thing (dissaffected?) he told me he had robbed him, and mentioned Pistols. - I don't believe he knows how to handle a Pistol; - however, I said, - if you can't be off from it, but must swear against him, - rather than let him die a shameful Death, endeavour to transport him.
Upon each Indictment both Guilty . Death .
The Prisoners were not tried upon Mrs. Arkin's Indictment, which was the Third.
Jasper Garret . I brought twelve Beasts (Oxen) to Coney , last Wednesday was se'nnight, and put them into a Field belonging to Richard Holt , at the Sign of the Cock, between three and four o'Clock in the Afternoon; another Man droveJohn Whitaker ) who had likewise seen them, and told us he would ride after them; he did so, and took the Prisoner with the Oxen, just on the other Side the Half-Way House to Holloway. I was within Sight of them, when they were taken, and knew them to be Mr. Waugham's, by the Mark, which was 2 Clips on each of their Thighs. The Prisoner told me (and he said the same Thing before the Justice) that he was hired to drive them to Mile-End.
John Whitaker . I met the Prisoner with the Beasts between 5 and 6 o'Clock on Thursday Se'nnight in the Morning: He told me he was driving them to the other Side of London. As I was coming home I met Garret, and he enquired after his Cattle. I told him I had met a Man driving 5 Beasts, with his Master's Mark on them, towards London. God bless your Soul, says he, ride after him, says he. I did so, and took him a little o' this Side the half Way-House to Holloway. While I was talking to him, Garret came up, and I gave him Charge of the Prisoner.
Tho Maltby . I met the Prisoner with the five Beasts on the other Side Highgate, and to the best of my Remembrance he told me they were his own; that he lay with them the Night before, at Kick's End, and was going with them beyond London.
Prisoner. A Gentleman at Whetstone hired me to drive them to Highgate, and told me if I did not see him there, I must drive them to the Globe at Mile-End.
8. Thomas Jones, alias Brown , was indicted for privately stealing a Gold Watch, val. 23 l. a Cornelian Seal, set in Gold, value 20 s and a Steel Chain, val. 6 d. from the Person of Joseph Jackson , Sept. 9 .
Mr. Jackson. On the 9th of Sept. about 7 at Night, or about 7 or 8 Minutes after, I was coming over the Bridge: The first House upon the Bridge from Southwark, on the Right Hand, is a Paper-Shop, kept by the Widow Stone, - (a very honest good Woman) and the next is an empty House, here there was a little Stop, and the Prisoner gave 3 great, hearty Jumps at me, and jump'd upon me: I could not tell what he jump'd at, - but he jump'd my Watch out of my right Fob, with his left Hand. I miss'd it that Minute; he sprang on the other Side of the Way, and I cry'd out stop Thief. I felt it go out of my Pocket, and saw him run away to a Lamp on the other Side of the Way, 3 or 4 Doors from 'Squire Brooks's. Two other Men were with him, but who they were I can't tell. I am sure the Prisoner is the Man: it was not then dark; so I had the Benefit of the Day-light and the Moon too, and I saw his Face, as much as I desire to see the Face of any Man in my Life. He was exactly in the same Cloaths (upon my Oath) that he is in now. The Watch he robb'd me of, was worth 23 l. the Seal a Guinea, and the steel Chain, (Diamond-cut) was worth a Shilling, - but it cost more. When I saw him run away, I cry'd heartily out after him, but he got through the Gate, into the Burrough, and I heard nothing of him 'till he was taken as a Gambler, (or Money Dropper) the Tuesday following. For being in Trouble and Distress for my Watch, and for my being so unjustly serv'd, I went to Mr. Bird, and told him my Trouble. Says Bird, as you're an old Friend, we'll leave Notes of Description at Bridewell, New-Prison, the Marshalsea &c. of this good Man; and he being taken on Tuesday for Gambling, he sent Mr. Bushel, an Apothecary in St. Paul's Church-yard, to the Compter with me, and I told the Man that tends the Prison, I did not want to hurt any body, but the Man that I meant, was a little taller than I, about 26 Years old, in a light brown Coat, with a slit Sleeve, and a chitterling Shirt. When I saw him, I knew him to be the Man, and here are 2 Witnesses, that I then declared him upon my Sacred Oath to be the Person that robb'd me. On Tuesday, I waited upon my Lord-Mayor, and he was so worthy and so good, as to give me a Warrant of Detainer against him. After that, I brought 3 or 4 Gentlemen of Credit to see him, and then I said again he was the Man; and now I will swear the same to the Day of my Death.
Jackson. When you say this you say but little; because I did cry stop Thief, and you sprang away before I could lay hold of you.
Prisoner. You say you knew all my Cloaths, - what Stockings had I on?
Jackson. I am sure you had a good - Stock of Impudence.
John Hudson . The 9th of last Month, between 7 and 8 at Night, I was going over the Bridge, and at the farther End I saw 3 or 4 People bustling together, and wondered what they were doing. But presently out ran a middle sized Man, and Mr. Jackson cry'd out stop Thief, that Fellow has got my Watch. The Man ran off, and Mr. Jackson took me into Mrs. Stone's Shop, and I told him where I liv'd. He carry'd me afterwards to the Compter to see the Prisoner, but as I did not see his Face when the Thing was done, I could not swear to him. I can only say 'twas such a Siz'd Man.
John Nicholson . When Mr. Jackson came to the Compter, he described the Prisoner before he had seen him, and when he (the Prisoner) was brought to him, he down'd on his Knees, and said, - by the living God that is the Man.
Prisoner. Ask him if he knows that I have been in any Compter before?
Nicholson I have seen him before, I have known him 2 or 3 Years by Sight. - If I must speak, - I know he has a very bad Character.
William Whitaker . I went with Dr. Jackson to the Compter, where he described the Man, and when he saw him, he said - as God should save him, that was the Man. I asked the Prisoner what Business he followed? He told me he was a Servant to Mr. Leeson at the George in Belton-Street, Long-Acre.
Prisoner. I was at Home all that Evening from 6 o'Clock.
John Hall. I was at Mr. Leeson's House on Saturday the 9th of Sept. (I believe) and saw the Prisoner come in between 6 and 7 in the Evening; he sat till between 8 or 9 o'Clock, then he took a Candle off the Bar, and went up to Bed. I have known him 5 or 6 Years, and as to his Character -
Prisoner. There is no need of his speaking about that.
Hannah Tooley . I am a Servant of Leeson's; on Saturday the 9th of Sept. he came Home to our House, between 6 and 7 at Night, and sat down till between 8 and 9, then he took a Candle off the Kitchen Dresser, and went up Stairs to Bed. We keep a Publick House, and tho' we have a good many People coming in and out, yet I remember the Prisoner's coming in that Night, because he was taken up on the Tuesday following. I never observed any Thing but Civility by him since I have been in the House, and I have lived with Leeson about 10 Weeks in all, - and about 3 or 4 Weeks, before this Fact was committed.
Mr. Whitaker. On the Prisoner's telling me in the Compter that he was a Servant to this Leeson, I went and enquired at the House concerning him. This Tooley told me she knew nothing at all of him; and I said 'twas a little odd, the Fellow should send me to People that did not know him; he is in the Compter (says I) for Gambling, and on Suspicion of stealing a Watch; they then asked me what Time the Robbery was committed? I told them I could not tell exactly the Time; but then this Tooley recollected him, and said she would make Oath he came in about half an Hour after 8 o'Clock, and seeming to be uneasy, he took a Candle and went up to Bed.
Leeson was asked what Name the Prisoner went by? He answered, sometimes by the Name of Tho. Brown, and sometimes Tho. Jones. Guilty , Death .
9. Edward Frith , of St. Dunstan, Stepney , Mariner , and Merchant , was indicted, for that he being indebted to George Halfhide , in the Sum of 100 l. on the 9th of Nov. in the 8th Year of his Majesty's Reign, became a Bankrupt, and a Commission of Bankruptcy being duly awarded against him on the 16th of May, he, the said Frith, on the 23d of the said Month, was by the Commissioners declared a Bankrupt; and on the 27th of May, Notice in Writing was left at the Prisoner's Dwelling-house at Stepney Causeway, that he had been declared a Bankrupt, and that he was required to surrender himself to the Commissioners on the 3d and 13th of June, and on the 18th of July following, at 3 o'Clock in the Afternoon at Guild-hall, and submit to be examined, and to conform to the Directions of the said Act. And afterwards on the 27th of May, Notice was published in the Gazette (as aforesaid) for the said Frith to surrender himself to the Commissioners at Guild-hall, and make a Disclosure of his Effects, &c. And afterwards on the 30th of June, Charles Lord Talbot , then Ld. High Chancellor, did enlarge the Time for the said Frith's surrendering and disclosing his Effects for 50 Days, to be computed
The Councel for the Prosecution having open'd the Indictment, it was objected on the other Side, that the Act required, Notice should be given, that the Statute was awarded and issued; every one knowing there is a material Difference between - awarded and issued; the one signifying, the Thing order'd to be done, the other, the Thing done: Whereas in the Indictment, they had only made use of the Word, awarded. It was objected further, that the Act says, the Bankrupt shall surrender to the Commissioners, or the major Part of them; instead of which, in one of their Notices, they spun out their Directions for the Prisoner to surrender to all the five Commissioners, leaving out the Words, - or the major Part of them. And in the other Notice they say he must surrender to 3 of them, without mentioning any of the rest. It was objected likewise, that there should have been an Averment in the Indictment, that the Commissioners did sit, and that those Commissioners should have been nam'd. whereas they were not nam'd in their Notice, and they had only set forth that he was required to surrender to the Commissioners at Guildhall; which might as well be understood of the Commissioners of Sewers, or of the Lieutenancy for they sit at the same Place. Acquitted .
10. Lambert Hammond , was indicted for stealing a Pair of Brass moulding Flasks, value 6 s. a copper Boiling-pan, val. 24 s. a mourning Sword, val. 12 d. a 10 lb. Brass Weight, value 10 s. and a brass straining Weight, val. 10 s. the Goods of Francis Knelms . Sept. 8 .
Mr. Knelms. The Prisoner was my Servant , and went on Errands, and open'd and shut Shop. I lost a copper Boiling-pan, in August last, and the Beginning of September I tax'd him with it; he own'd he took it, and made no Excuse.
Prisoner. My Master has entrusted me several Times with considerable Sums of Money.
Mr. Knelms. I had a good Character of him, when I took him, - only I heard he was a little light-finger'd, in such Things as a little Tea, &c. But he confess'd all the Things in the Indictment, and by his Direction we found them at the Pawnbrokers.
Prisoner. My Master told me, if I would confess, I should go about my Business.
Mr. Knelms. I promis'd I would be favourable; but my Meaning was, that I would save him from being hang'd.
Tho Harrison swore the Prisoner brought one of the Weights, the Boiler, and the Flasks, to him to pawn, and was positive he was the Man. The Court reprehended the Pawnbroker for taking in such Things from the Prisoner, and he, in Excuse of himself said, the Prisoner had used the Shop before, and he thought the Goods were his own. Guilty .
11. Lucy Brooks , was indicted for stealing a large Silver Cup, val. 5 l two silver Spoons, value 8 s. a silver Tea Spoon, val. 2 s a Gold Necklace and silver Locket gilded, val. 3 l. the Goods of John Williams , in his Dwelling-house , September 29 .
Mary Williams . Last Quarter-Day, I happen'd to be at Mr. Ball's a Cane Chair Maker's in the Minories, and this Gentlewoman at the Bar came in, and enquired for a Woman, with whom she wanted to board; and she told me she had something coming in yearly, and would board with me if I pleased I told her, I would ask my Husband, when I went home, if he car'd to take a Boarder. In the Afternoon she came, and I shew'd her a Room above Stairs, where there was a corner Cupboard, in which we kept our Plate; I open'd it, to shew her the Cupboard, and lock'd it again, (all the Plate was then in it) and having some Business to do in Seething-Lane, I went out, and left her in the Room below Stairs. When I came back the Prisoner was gone, but I did not miss the Plate 'till 11 o'Clock; we were then going to Bed; then I observ'd a Policy of Insurance, which was in the Cup, to lie in the Window; upon this I look'd in the Cupboard, and miss'd all the Things mention'd in the Indictment.
Ann Griffiths . When my Mistress (Williams) was gone out, the Prisoner went up Stairs with me into the Garret, to help me tie up some Lines, while we were there, she ask'd me for a Chamber-pot; I told her there was one in my Room, and she went down again by herself; after this she wanted Snuff: I said, if she would go down and sit by the Kitchen-Fire 'till I had done, I
Philip Wilson . The Prisoner was taken in Bishopsgate street, on the 2d of Oct. and was carry'd to the Tower Goal. Next Morning I went to her there, and she told me she had sold the Necklace to Mr. Barnes on the other Side Ludgate for 25 s. and the Cup and the Spoons for 4 l. to Mr. Spring on this Side Charing Cross. I went to them both, and they readily told me, they had bought such Things, and there we found them. She offered to go with us herself to the Places if we would give her a Coach.
Mr. Barnes. The latter End of Sept. this Neck-lace was brought to me by a Woman in a Coach, she gave it me to weigh; I told her what it came to, and sent the Money to her (in a Coach) by my Boy. I can't swear to the Prisoner.
Smedley Moore confirmed Mr. Barnes's Evidence, and swore positively the Prisoner was the Person who was then in the Coach, and to whom he carry'd the Money.
Mr. Spring swore, that his Servant fetched him from a Neighbour's House the latter End of Sept. When he came Home he found a Coach at his Door, and the Cup and Spoons upon the Counter; that he weigh'd them, and carry'd the Money for them to the Woman in the Coach, but as it was Candle-light, he could not swear to her.
Mr. Williams swore the Goods were his, and gave the same Account of the Prisoner's Confession in the Goal, with Davis and Wilson.
Prisoner. My Witnesses are all out of Town, and all I have to say is, that I know nothing about these Things. Guilty 39 s.
12. William Robinson , of Stoke Newington , was indicted for breaking and entering the Dwelling-house of Richard Rose , between 11 and 12 at Night, and stealing a linnen Sheet, value 2 s. 2 linnen pillowbiers, value 1 s. 2 pair of leather Boots, value 1 s. a pair of Shoes, value 1 s. 6 d. and other Things, the Property of Joseph Buxton , and a pair of Shoes, the Goods of a Person unknown , Sept. 12 .
It appeared from the Evidence, that the Prisoner had been employed as a Journeyman to Buxton, (the Prosecutor) in mending Shoes, about 11 or 12 Weeks. That the 12th of Sept. Buxton went out between 10 or 11 at Night to the Alehouse, having locked the Door, and fastened the Window Shutters of his Shop, (or Room) which was in Mr. Rose's House. That he returned between 11 and 12, and saw the Window-shutter down, and the Prisoner (whom he knew immediately) with a Bag of Goods and a Bandbox. That he called to him by Name, and ran 12 score and 17 Lengths of his Oaken walking Stick after him, crying out, - Murder, - Thieves; but the Prisoner got off. That he li't of him next Morning at the Sign of the Raven in Shoreditch, where the Prisoner ragg'd him at first; but at last confessed that some of the Goods were pawn'd at Mr. Crofton's, and the rest were at his Landlady's, Mrs. Prior's, where they were found accordingly. Guilty Felony only .
Barbara Mason . Mr. Hayward keeps a Bagnio in Covent-Garden . The Gown was lost 5 Weeks ago, off the Back of a Chair in the back Parlour. The Doors of the House were open, and we imagine she watch'd her Opportunity to slip in and take it. But it being advertised, Mr. Smitherman the Pawnbroker brought the Prisoner to our House, and she fell down on her Knees, and swore she never took the Gown away. My Mistress then took her into our back Parlour, and there she confessed before Catherine Griffiths , my Mistress and me, that she took it off the Chair in the back Parlour.
Catherine Griffiths gave the same Account.
Richard Smitherman . This is the Gown which the Prisoner brought me to pledge on the 28th of Aug. She asked 4 Guineas upon it, and said it was a Gentlewoman's in the Neighbourhood, who knew me very well. I did not care to lend so much upon it, so she took it away; but in 5 Minutes Time she brought it again, and said the Gentlewoman would take 3 Guineas, I told her I would lend but 2 Guineas upon it, which she took, and I sent my Boy after her to see where
Tho. Gilbert. About 6 Weeks ago I lost a Spoon, and my Maid informed me no one had been in the Kitchen but her Couzen, the Prisoner; I sent after her, and she would own nothing; but last Saturday was se'ennight, Justice Chamberlain sent to let me know he had got my Spoon, and I must prosecute the Prisoner.
Richard Smitherman . About 10 Days ago the Prisoner and Mr. Gilbert's Maid came and ask'd for a Spoon, which the Prisoner had pledged to me on the 6th of Sept. last. I brought it down, and the Maid asked her Couzen (the Prisoner) how she could serve her so; they made Words together and went away. I would have sent for Mr. Gilbert, but they did not care I should. In about a Week's Time the Maid came again, and I delivered the Spoon to the Constable. The Prisoner brought it to me herself.
Q Is it your Custom to take such Things in Pawn from People you are unacquainted with?
Smitherman I serve a great many People in a Day, and am not positive whether I took it in or not. I am as careful as I can be.
Jury. Just now he said the Prisoner brought it to him herself; now he says, he does not know whether he took it in or no.
Smitherman. I found it in her Name in my Book, and she told me she brought it herself.
Ermin Armstrong . I lost a Spoon of Mr. Gilbert's on the 6th of last Month, and not only lost my Place about it, but paid 10 s. for it besides. I taxed the Prisoner with the Spoon, and she deny'd it; but afterwards she carry'd me to the Pawnbroker's Shop, and I saw it with T. G. M. (my Master's Mark) upon it, but he would not let me have it without Money. About a Week afterwards I sent to my Master Gilbert, but because I had paid for the Spoon, he would not come to the Pawnbroker's. Afterwards I found out the Prisoner, and charged a Constable with her, upon which she carry'd me to Smitherman's, and the Spoon he shewed me was the same that was lost.
Pierce. About 12 o'Clock at Night, on the 12th of June, I was going Home to my own House in Bond-street, in the Parish of St. George Hannover-Square, and the Prisoner pick'd me up; she came a-cross the Way to me, and took me to a Door, where she and I stood talking together about the Space of Time that I have been speaking here; then she went into the House, and carry'd away my Watch and Money with her. I had not got 5 Doors from the Place before I missed it. - But with Respect to the Thing, - here's a Woman can give a much better Account of it than I can.
Jury. Was the Door open where you talk'd with the Prisoner?
Peirce. Yes, but I did not go in, I don't suppose that both my Feet were over the Threshold; and I am sure I was not with her above 3 Minutes, but while I stood there, she went in and fetch'd me a Glass of Liquor, I refused to drink it, and she vow'd, if I would not drink it she would pour it into my Bosom; then she went in, and shut the Door. When I missed my Watch and Money, I went back and knock'd at the Door, no Body would open it, but they told me, if I would come in the Morning I should have my Things again.
Jury. Could she take your Watch and Money in 3 Minutes, and you not miss it?
Peirce. I had both Watch and Money in my Hand but 2 Minutes before she pick'd me up; and as soon as she went in I missed a Guinea, a Shilling, and my Watch too.
Jury. Are you a marryed Man or a Batchelor Friend?
Peirce. A married Man.
Juryman. Then you had no need to go abroad.
Peirce. I went the next Day to the House, to enquire after my Watch and my Money, and the
Prisoner. Did not you take up another Woman for this Fact?
Peirce. After I took this Gentlewoman up, she got a Man to appear for her before the Justice, who told me I had taken up one or two Women before, tho' I never charg'd any other Woman with this Robbery.
Prisoner. He swore before the Justice that he lost his Watch in the House, and the Woman that he had taken up before came and made an Affidavit, that she who robb'd him made her Escape.
Peirce. There was another Woman before the Justice, but I charged only the Prisoner.
Martha Cassedy . I never saw the Prisoner in my Life, - I hope you'll excuse me, - I never was here before, - I mean, I never saw her 'till I saw her here; but I have seen the Prosecutor, and the Prisoner is not the Woman he brought into my House in Wardour street; she was a lusty clever Woman, and brought the Prosecutor in, about 10 or 11 at Night, and call'd for a Pint of Two-penny, - about 6 Months ago.
Peirce. I am sure I never carry'd but one Woman to her House.
Cassedy. And that Woman was not the Prisoner. He drank Part of a Pint of Two-penny in the Tap-Room with the Woman he brought in, and then they both went out together.
Mary Driskell . This Peirce met with me, about 2 or 3 Months ago, between 9 and 10 at Night, in Coventry-Court, in the Hay-market; and he laid hold of me, and swore I was the Woman that had robb'd him of his Watch. Another Man that was with him acted the Constable, and they dragg'd me to Bond-street, and us'd me very ill for 3 Hours; but when I threaten'd to send for my Husband, and People that knew me, they let me go.
Peirce. I never saw this Creature in my Life, 'till I saw her before the Justice.
Driskell. Yes; I went before the Justice, and there he knew me perfectly well, and said, - why you are the Woman I took up before, - I have nothing to say to you. He had taken me up for stealing his Watch, and us'd me ill, telling me for 3 Hours together, I was the Woman; so when the Prisoner was carry'd before the Justice, I went with her.
Peirce. I beg she may be ask'd what House I carry'd her to in Bond street?
Driskell. I don't know; - but I believe I could find my Way to it.
Hannah Dwyer I live in Belton street, St. Giles's. The Prisoner came to live with me in the Beginning of June, and staid with me 'till Peirce came and took her out of my House. She never lay a Night all that Time, out of my House, but kept close, and work'd very endeavouring, for her Bread, at Plain-work and Washing. As for her Character, I never heard nothing of her, but what was very extraordinary. She never went out at all, - never but about Business.
Mary Jones . She liv'd with me about 2 Years, in Ale's-Yard, and left me last April. I never saw any thing but what was just and honest in her, so I preferr'd her to Mrs. Smith, and she preferr'd her to Mrs. Dwyer.
Eliz Thompson . I have known her from a Baby; she clears Headcloths, and uses her Needle. She made some Shirts for my Husband, and was going with me to buy Trimmings for them, when the Prosecutor came with a Butcher and a Constable, and said, I believe this was the Woman that took my Watch, for I remember she had the Sign of the Small Pox in her Face, so he carry'd her before a Justice, and she was committed to Jail. Upon this I got a Lawyer to appear for her, (an Acquaintance of mine) and Peirce went to the Lawyer's House in Compton-street, and told him he was a Party concern'd, and so the Lawyer has got him to be try'd for Scandal in the King's-Bench, The Lawyer's Name is Luttwiche, - he practises the Law, - but whether he is a Lawyer or not, I cannot tell. I have ask'd the Prosecutor how he could charge a Woman who had liv'd so well? Why (says he) if you're her Friend, give me a Silver Watch, or disburse 5 l. and I'll acquit her, else I will swear down-right that she had it.
Cassedy. No, never in my Life.
Prosecutor. God forgive them all! they'd swear a Man's Head off for a Farthing. Acquitted .
Mr. Wincup. On the 30th of May, the Prisoner, with one Edward Parker , an Excise Officer , came before my Lord Mayor with this Information. I don't know whether he gave it me out of his Hand, but he said he had an Information.
(The Information was read.)
'' London. Be it remembered, that on the 30th '' of May, 1738, Edward Parker , an Officer of '' his Majesty's Revenue of Excise, came before '' me Sir John Barnard , Knt. Lord Mayor of this '' City, at Grocer's-Hall, and now here exhibiteth '' an Information, and informeth, that Thomas '' Pepper, of St. Butolph, without Aldersgate, '' on the 27th of May Instant, sold to Mary Pocock , '' Geneva, in less Quantity than two Gallons, '' and in a Room not entered at the Excise Office. '' And he, the said Informant, prayeth, that the '' said Thomas Pepper may be conven'd before me, '' and shew Cause, why he should not be convicted '' of the said Offence; and, that he, '' the said Informant, may receive (if the said '' Pepper be convicted) one Moiety of Ten '' Pounds''
Mr. Wincup. I know the Prisoner; and when she and Parker brought the Information to my Lord Mayor, I asked her if she knew the Contents of the Paper? She said, Yes; and acknowledged the Name (Mary Pocock ) to be her own Hand-writing. Then she laid her Right Hand upon the Testament, and I said, you shall swear that the Contents of your Deposition, are in all Parts, just and true; and then she kiss'd the Book in the Presence of my Lord Mayor.
(The Deposition was read.)
'' Mary Pocock, of Whitechapel, maketh Oath, '' That Thomas Pepper, on the 27th of May, in a '' Room in a House, situate in the Parish of St. '' Butolph, without Aldersgate, did sell unto this '' Deponent, a Quarter of a Pint of Geneva, for '' which she paid him 3 Half-pence.
Thomas Pepper. I never saw the Prisoner at the Bar in my Life (to my Knowledge) 'till I saw her before my Lord Mayor, she then said, she had been a Customer to me a great while, and that I knew her, but would not know her. I keep a Chandler's Shop , and she might perhaps come into the Shop, and take Notice enough of it to make her Story feasible. She swore that she came into the Shop, and bought a Half-penny Brick, and a Ha'p'orth of Cheese, and a Quarter of a Pint of Geneva; but if the dearest Friend in the World had come to me, and would have given me a Thousand Pounds, for a Quarter of a Pint of Spirituous Liquors, I had it not in my House of any Sort. On my Oath, I sold her no Spirituous Liquors at all, on the 27th of May, nor any one else. I won't pretend to swear, she might not have a Role and Cheese on that Day, for I keep a Public Shop, and it is impossible to remember every one's Face that may come in. I sell no Liquors at all, but Small-Beer, nor have I sold any since the 1st of April. 'Tis probable she might have Small-Beer with her Bread and Cheese, but I am sure I sold nothing but Small-Beer on that Day, nor on many Days before.
Elizabeth Newland . I am a Nurse, and nurs'd Mrs. Pepper of several Children; she happened to be out of Town at this Time, and I was in the House from the 11th of May, to the 25th of June. I lay in the House, and eat in the House; I took Care of the Children, and of the Shop in Mr. Pepper's Absence. The 27th of May was Saturday, and I remember I was in the Shop from Six o'Clock at Night till Twelve. Mr. Pepper was there, but it was enough for two People to serve in the Shop on Saturday Night, so I was there to attend in the Shop, if I should have have been wanted; for there was a great many People came, but not a great many together, or at a Time; One or Two came in at a Time and went out, and then others came in.
Q. Could you particularly take Notice of all that came to Mr. Pepper's Shop that Night?
Newland. There are two Counters, but they are both on the same side of the Shop. I can say, I never saw that Woman in the Shop in my Life.
Q. Did you take Notice of every one's Face that came into the Shop from 6 o'Clock to 12? And can you say that Woman was not there in that Time?
Newland. She was not, as I saw; and if she was, she could not be served with Geneva, for
Prisoner. You was not in the Shop that Night. I was there about Nine.
Newland. I was in the Shop that Night from 6 to 12.
John Ward . I lodge in Mr. Pepper's House, and have done so five Years and better. I am a Watchman at Temple-Bar, and go out upon Duty between 10 and 11 every Night. I cannot recollect this very Day, but I know, that from the Beginning of April, to this present Day, there were no Spirituous Liquors in the House. I eat, drink, and lye in the House; my Wife and Family live there; and I never saw any thing retail'd (of Liquor) but Small-Beer; no Ale nor Wine, but what was fetch'd in; may be now and then a Full-Pot of Ale or Beer; as for Wine, I never-saw any fetch'd. I have had Spirituous Liquors fetch'd in sometimes for my own drinking, but it was always from another House, for none were sold by Mr. Pepper. I never serv'd in the Shop, so cannot say who might come there, or who did not.
Samuel Wood . I am a Carpenter, and work'd in Mr. Pepper's House all the Month of April, and, I think, two or three Days in the Beginning of May. Being an Acquaintance, I breakfasted and dined with him; and, as he was a Friend, I us'd to come to Work every Morning at Six, and continue at it till Nine at Night. If in all that Time we had any Liquor better than Small-Beer, it was a Pot of Drink, sent for from the Alehouse. I never saw either Brandy, Geneva, or any Sort of Spirituous Liquors used in the House. I believe if he had any in the House, he would as soon have let me have had a little, as any one in England. I never heard any Body ask for Spirituous Liquors in the Shop, nor did I ask for any myself, because I have heard him profess he never would keep any in the House, not even for his own drinking, for fear he should be brought into a Scrape.
John Pepper . I am the Prosecutor's Father; I have lived in his House above a Twelvemonth, and sometimes I eat with him. On the 27th of May last I was in the Shop about 5 at Night, and continued there till 10, without going out at all. I sat there till I went to Bed, and I never saw this Woman come into the Shop. To my Knowledge he had not a Drop of Spirituous Liquors in the House, from the 1st of April last. He had not a Drop for ME, if I wanted it I was forced to go out and get it where I could. No Liquor was kept in the House, but Small Beer; what Strong Drink we had at any Time, we fetch'd from an Alehouse.
Joseph Holmes . I serve Mr. Pepper with Bread, and carry it to his Shop twice every Day, often three or four Times a Day. Since the first of April I never saw any Liquor in his House but Small-Beer. I never had a Cogue from that Time to this, not one Drop. On the 27th of May I was there with Bread about Eight in the Evening, and staid there about a Quarter of an Hour; then a Customer came in for a stale Half-Peck Loaf, and I went out to get a new one chang'd, and came back again, and staid till three Quarters past Eight, and saw no Geneva, nor any Spirituous Liquors at all, from about a Fortnight before the 3d of May; for Mr. Pepper was about that Time convicted in a Hundred Pound Penalty, though (as he said) he was innocent, and I endeavoured to get the Fine mitigated, and from that Time he never would have any in his House, to prevent his Trouble for the future.
Jury. Please to ask him, who serv'd in the Shop that Evening?
Holmes. Mr. Pepper himself; Mrs. Newland was backward from the Shop in the Kitchen, as she commonly was. She was not in the Shop during the Time I was there.
Newland. I was not out of the Shop a Quarter of an Hour all the Time.
Holmes. I don't remember that I saw any Body in the Shop that Night, but Mr. Pepper, and his Brother the Footman, and old Mr. Pepper.
Defence. On the 27th of May, about 9 o'Clock, I went to Mr. Pepper's Shop, as I usually did, and a young Man was with me. I call'd for a Half-penny Brick, and a Ha'p'orth of new Cheese. Mr. Pepper serv'd me; no body was in the Shop but he, then I call'd for a Quartern of Gin; he serv'd me, and I paid him 3 Half-pence for it. The young Man (Edward Hassel) was with me at the same Time. There was a Candle in the Shop; and on one Side of the Shop lies Coals, and Salt on the other. He brought the Bottle from behind the Counter, and went into a narrow Passage,
Mr. Wincup. There was an Excise-Officer with her, but he did not speak to the Fact. I don't remember that any one else was with her: No one but she was sworn. Guilty .
19. James Ireland , was indicted for willful and corrupt Perjury , but Charles Ashley , Joseph Brown , Robert Willmott , William Mart , and Joseph Brewer , (the Witnesses against the Prisoner) not appearing when call'd out for, the Prisoner was acquitted .
20. George Chamberlain , was indicted for stealing 7 Shirts, val. 20 s. a dimitty Waistcoat, val. 5 s. a Pair of thread Stockings, val. 1 s. and 8 Pieces of silk Scarves, val. 4 s. the Goods of Thomas Davis , Clerk . Sept. 27 .
He was a second Time indicted for stealing 4 Linnen Aprons, value 5 s. six Linnen Handkerchiefs, val. 3 s. a pair of Linnen Pockets, value 6 d. and 4 pair of Linnen Ruffles, val. 18 d. the Goods of Hannah Bennet . Sept. 26 .
Tho. Davis. I live in the Tower of London . On Monday the 25th of September I went to my Burean, in my Chamber, and open'd it (as usual) to take a Guinea out of a Purse, which contain'd 7 Guineas, and a mourning Ring, but it was gone; somebody had taken it away. The next Day I miss'd 9 Shirts, a dimitty Waistcoat, 3 Scarves, - 3 or 4. Three Handkerchiefs, and (I think) a pair of Stockings. Mrs. Bennet having been robbed likewise, and the Prisoner having her Goods, it was suspected that he had got mine; and Endeavours were used to bring him to Confession. At last this Corporal, ( John Alexander ) brought me 7 of my Shirts, the dimitty Waistcoat, and the Scarves. After these Things were deliver'd to me, I went to the Prisoner, in the Black Hole, and desired to know where my Money was? His Answer was, that he had given his Wife Orders to deliver all, and it she would come to him, he would endeavour to find the rest of my Goods.
John Alexander . I went to the Prisoner after he was taken up, to ask him, if he knew any thing of Mr. Davis's Things? At first he said he did not: but at last he sent me to fetch his Wife to him. She came, and I went back with her to her Lodging, and she deliver'd me all the Things mention'd in Mr. Davis's Indictment, by the Prisoner's Order. He order'd her in my Presence to let me go with her, and to deliver me the Things. These are what she deliver'd to me.
Mr. Davis. These are all mine.
Hannah Bennet . I was robb'd on the 26th of September of some small Linnen, (mention'd in the Indictment) which hung upon the Lines in a Summer-house, upon the Ramparts of the Tower. A Window-shutter was taken off, and all my Things were gone.
Robert White . I mounted Guard at the Tower on the 26th of September. The Prisoner came on Duty about One o'Clock, and went off without Leave about 3 in the Afternoon. Upon which I return'd him to the Officer. About 11 at Night, the Robbery of Mrs. Bennet was found out; and about that Time he came on Duty, and being suspected, I disarm'd him and took him Prisoner, and found a great many Things that Mrs. Bennet swore to, in his Pockets. Then I took him before the Officers, and he own'd that he clapp'd one Foot against the Wall, and the other against the House, so got up, and wrench'd open the Window with his Bayonet; but he begg'd the Officers would not bring him to Trial for the Fact. I can swear I deliver'd Mrs. Bennet the same Things, I took out of his Pockets.
Mrs. Bennet. And I swear they are all mine.
Prisoner. I lay down to sleep on the Guard-Bed, and don't know how the Things came into my Pocket. Guilty 39 s.
Priscilla Billings , John Starkey , Esq ; and William Serjeant , Sept. 12 . Both acquitted .
Ann Blackwell . About 6 o'Clock at Night on the 21st of Sept. I went to Market to buy Meat for my Family, I carry'd out 25 s. and bought 16 lb. of Beef for half a Crown, and a Cabbage, but that I did not pay for; then I went to a House and had some strong Beer, for which I paid 3 d. and paying a Shilling I ow'd, I got the Woman of the House to give me a Guinea for 21 Shillings which Guinea I ty'd up in the Corner of the Handkerchief which was about my Neck, and thrust it between my Stays and my Gown, and then I had 6 d. left in Silver. As I was going Home thro' Drury Lane about 3 or 4 Doors from Broad St. Giles's, Fletcher knock'd me down with his Hand, & ran away; and Reynolds came up and asked me if I had hurt myself, and whether I had any Money about me, I told her I had but a Guinea, and that was in the Corner of my Handkerchief. I was not 3 Minutes talking to her before Fletcher returned up, and held both my Arms, while Reynolds tore a Hole in the Corner of my Handkerchief, and got out the Guinea Then I cry'd out, - O my Guinea, my Guinea, she has robb'd me! Will no Body help me! Fletcher ran away, and she try'd to run away too, but I caught Hold of her, and cry'd out again, O, my Guinea, my Guinea! Upon this Fletcher return'd and said, D - mn you what do you want? - and knock'd me down again with his Hand. Reynolds then ran away about the length of this Court, but a Man ran after her and took her immediately, and brought her back to me. She was no sooner came up to me, but she fell upon me, and under Pretence of searching me to see if I had not got the Guinea, she tore off my Cloths in such a Manner, that the Women were forc'd to hold my Petticoats up about me, telling me, if I had 20 Guineas about me, she would have them all. At last a Constable was charged with Reynolds, and she said before the Justice, that she had not the Guinea. Fletcher was taken the Sunday following, and carry'd before Justice Margets, where he confessed he had got it.
James Milbourn . I am a Watchmaker, and live at Mr. Jackson's a Cheesemonger in Drury-Lane, a little above Long-Acre. Long-Acre is almost half the Length of Drury Lane from Broad St. Giles's. The Thing was done over-against my Lodgings. On the 20th of last Month, between 7 and 8 at Night, I heard some Body cry out, - O my Guinea, - my Guinea! I look'd out of my Window up two Pair of Stairs, and saw a Woman with a Candle and Lanthorn, by the Light of which I could see Reynolds, with her Arms about Blackwell's Bosom, and a Man about Fletcher's Size, had hold of her Arms. As soon as Blackwell cry'd out, - Now she has got my Guinea, Reynolds made off, and the Man came up again and run Blackwell up against a Door, and asked her where she was going. But a Shoemaker happening to come by, took Reynolds and brought her back to Blackwell. Then I ran down Stairs, and found Reynolds very impudent, and a Constable carried her to Mr. Moulsey's in Drury-lane, and there she called Mrs. Blackwell, a dirty Bitch; and said, if I had Twenty Guineas, you should not have one of them. I search'd her, and found nothing upon her, - but we carried her before Justice Margets, and there she was audacious again, and said she knew nothing of it. I saw her do the Thing by the Light of the Candle and Lanthorn, and am positive to her.
Q. Did you know her before?
Q. How can you then swear to the Knowledge of her Face, when you say you saw her but by the Light of a Candle (in a Lanthorn) 2 Stories from the Ground?
Milbourn. I came down Stairs as soon as she was stopp'd.
Fletcher's Examination and Confession before Mr. Justice Margets, was produced.
The Justice's Clerk. I saw Fletcher sign this; and Justice Margets signed it likewise. It was read over to him before he signed it, and - I believe - he signed it voluntarily; I won't say he had no Thoughts of being admitted an Evidence. I believe he was encouraged with a Probability of his being made an Evidence.
Alice Orford . On Wednesday, Sept. 20, I went to a Chandler's Shop, facing Parker's Lane, in Drury-Lane, and as I was coming out of the Shop with my Beer, I heard the Prosecutor, (who was then two Doors off) cry out, O my Guinea, - my Guinea! I sat down my Drink, and went to see what the Matter was. I looked at the Prosecutrix, and thought she could not have a Guinea about her by her Appearance, but some Body brought Reynolds back to her, and she said, - that was the Woman who had taken her Guinea Then Reynolds said, - you Bitch, where should you have a Guinea, let me see if I can find this Guinea about you, and she put her Hands down the Prosecutrix's Bosom and unty'd her Petticoats, but could not find the Money.
After this the Woman Prisoner (Reynolds) went up Meeting-House-Court, facing Parkers-Lane, and came back again directly to the Prosecutrix, - there was no Thorough-fare in that Court, and the Mob was sufficient to prevent her getting away, and so she came back again of her own Accord to the Place where I first saw her. Fletcher stood by the Corner of the Court, but I can't say whether he was concerned or not.
Q. How far is Parkers-Lane from Long-Acre?
Orford. About the length of this Court, not a great Way.
William Green , Constable. I took Fletcher and carry'd him before Justice Margets, the Woman swore to him, and he said he could make a Confession. I can't say how it was obtained. Parkers-Lane is about 200 Yards from Broad St. Giles's.
Mary Shrub . I live at Mr. Pickerings the Brazier in Drury-Lane, on Wednesday was 3 Weeks, the Woman (Blackwell) was at my Landlord's Door, facing Parker's-Lane, and cry'd out, - she was robb'd. I asked her what was the Matter? She told me she was robb'd of a Guinea, and desired me to hold the Candle; I did so, and asked her if she knew the Person that robb'd her? yes, she said, perfectly well, then says I, was it such a one, or such a one? (holding the Candle to several People in the Croud) Among the rest, I asked her if the Prisoner Reynolds was the Person? No, she was not, 'twas a Man she said, that knock'd her down, and took her Money. On the Vertue of my Oath, she said so once or twice, and was so much in Liquor, that she had been dragg'd thro' the Kennel before I came. At last I asked her, - if I was the Person? - I believe she was so much in Liquor, she was not able to say who it was.
Susan Butler confirm'd Mary Shrub's Evidence, and added, that the Prisoner (Reynolds) when Shrub asked her who robb'd her, came up her self and ask'd her, if she had robb'd her? And the Prosecutrix said no; she could not see the Person in the Croud, who had done it. She could not say whether Blackwell was drunk or sober.
Christian Davis . I saw the Prosecutrix that Night in Bloomsbury, all over Dirt, - and as ragged as I am now. 'Twas pretty near the Fox Ale-house; and the Butcher that she bought her Beef of, was going with her, into the Ale-house. He ask'd her if she knew the Woman that had robb'd her. She told him it was a Man, - a little, short, thick Man, in a checquer'd Shirt; and a Woman (she said) was with him, but she shou'd not know her if she saw her.
Fletcher. I had a checquer'd Shirt on, and so they took me: I have no Witnesses here but my self. Both acquitted .
32. Archer, alias Arthur Batchelor , was indicted for stealing 6 large silver Spoons, value 4 l. 10 s. a silver Tea Spoon, val 1 s. a Gold Ring set with 6 Diamonds, and a Cornelian Stone, val. 40 s. a silver Medal, val. 5 s. and a Gold Earring, val. 5 s. the Goods of Sarah Bridgeman , in the Dwelling-house of Richard Glover , Sept. 18, 1736 . Acquitted .
Edward Backhouse, The 4th of this Month, in the Evening, I lost 9 pair of Worsted Stockings out of my Shop-window, worth about a Guinea. I did not see the Prisoner take them, but I saw him go out with them, and I pursu'd him, and took him with them under his Arm; but when I laid hold of him, he dropp'd them. He seem'd to be surpriz'd when I took him, and did not say any thing at all. When the Constable came, he was carry'd before Mr. Justice Martyn, and there he did not directly own the Fact, but he said, he had liv'd honestly ever since the last Time he was acquitted.
Prisoner. When you took the Stockings under my Feet, were not other People about the Place?
Agnes Backhouse . I was in the Shop, and saw a Man take the Stockings out of the Window, but I don't care to swear to the Prisoner, upon the little Sight I had of him; but when I saw him take them, I called to my Husband, and he pursued him and took him, and brought him back with 9 pair of Stockings. Guilty 4 s. 10 d.
34. Ann Beezly , of St. Giles's in the Fields , was indicted for stealing a Crape Gown, val. 10 s. a Linnen Apron, value 18 d. a Linnen Shift, val. 18 d. a Linnen Cap, val. 2 d. and a Straw Hat, value 6 d. the Goods of Ann Birch , Sept. 16 .
Ann Birch. My Husband dy'd on the 12th Day of last Month; I took the Prisoner to help me in the House as a Chair-Woman , and she robbed me of what I had, and left me sick in Bed. She took away with her a Mourning Gown, a Shift, a blue Apron, two Handkerchiefs, a Cap, and a Hat, and a Pair of Gloves. The Hat and Cap were found upon her Head, and were taken from her. When she was carry'd before my Lord Mayor, she would own nothing; but when she was in the Compter, she confessed to me that she took my Goods, and was sorry for what she had done. Some of which (she told me) she had pawn'd, the rest she had sold; I have had none of them again. I lost my Husband on Tuesday, I bury'd him on Friday, and she stripp'd me of my Goods on Saturday. Guilty 10 d.
The Trial of THOMAS CROSSWHITE , who was sentenced to stand in the Pillory at the last Sessions in the Old-Bailey, having been accidentally omitted in the last Sessions-Book through the meer Hurry of the Printer; it is here inserted, to obviate any Surmise or Insinuation, that the same was left out by Design, or with any sinister view whatsoever.
Thomas Smith , Supervisor on this Duty, deposed, That the Prisoner, on the 18th of Jan. 1737, came to the Excise-Office in the Old-Jewry, and swore, that between the 26th of October, and the 18th of Jan. 1737, he had employed and consumed 924 lbs. of British Soap, in milling 620 Dozen of Caps, and 304, Dozen of Gloves, made of Sheep's and Lamb's Wool, by Vertue of which Affidavit, he obtained a Warrant directed to the Cashier, empowering him to pay the Prisoner the Sum of 3 l. 4 s. 2 d. being the Drawback of the Duty settled by the 10th and 12th of Queen Ann, to be paid to the Manufacturers of Woollen Goods, as an Encouragement to the said Manufacture.
Mr. Cotterell deposed, that he accordingly paid the Prisoner the Drawback of the old Duty, - 1 l. 5 s. 8 d. and that of the Additional Duty being 1 l. 18 s. 6 d. The Sum Total was 3 l. 4 s. 2 d.
The Prisoner call'd several Witnesses in his Behalf, but none of them could prove, that he ever mill'd or scower'd any Goods, or that he had any Engine or Conveniences for so doing. The Jury found him Guilty .
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death, 4.
To be Transported, 13.
Lambert Hammond , Lucy Brookes , William Robinson , John Wells , Elizabeth Ward , John Phillipson , George Chamberlain , Elizabeth Fletcher , William Nash , James Pain , Elizabeth Hammond , Thomas Floyd , Ann Beezley .