WEDNESDAY the 6th, THURSDAY the 7th, FRIDAY the 8th, and SATURDAY the 9th of December.
In the 12th Year of His MAJESTY'S Reign.
First SESSIONS in the MAYORALTY
Right Honourable Micajah Perry, Esquire,
LORD - MAYOR of the CITY of LONDON.
For the YEAR 1738.
Printed and Sold by T. COOPER, at the Globe in Pater-noster Row.
[Price SIX - PENCE.]
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable MICAJAH PERRY , Esq; Lord-Mayor of the City of London; the Right Honourable the Lord Chief Justice WILLES, the Worshipful Mr. Justice PROBYN, Mr. Baron THOMSON , 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 Good Delivery of Newgate, holden for the said City and County of Middlesex.
Mr. Prior. The Prisoner came into my Shop the 21 st of Nov. a little after 9: I was in a Back-Room, and saw him take two Handkerchiefs, which hung upon a Line, in the Sash, and go of with them. I followed him, but this Gentleman laid hold of him, and I saw him drop them.
John Margery . I saw the Prisoner come out of Mr. Prior's Shop, and Mr. Prior followed him; upon which I saw him drop the Handkerchiefs, and a Gentleman's Servant (a Black) stopp'd him, and brought him back.
Mr. Prior. These are the Handkerchiefs he took out of my Shop.
Margery. I believe these are the very same he dropped. Guilty .
2. James Gardiner , of St. Paul's Covent Garden , was indicted for stealing a Gold Watch and Steel Seal, value 13l. 13s. a Gold Ring, set with seven Diamonds, value 8l. a Gold Ring, set with three Diamonds, value 3l. a Hanger, with a Horn Handle, value 3 s. ten Holland Shirts ruffled, value 10 l. a Cloth Coat, value 20s. and a Pair of Shoes, value 4s. the Goods of Henry Waldron , in the Dwelling-House of William Murray , Oct. 30 .
Mr. Waldron. On the 30th of October last, I intended to go to Court, and therefore I asked the Prisoner (who was my Servant ) for a particular Shirt? He told me 'twas above Stairs, and accordingly he went up into my Bed chamber, and after he had taken the Goods, he went quite away, and never came into my Service any more. I lost a Gold Watch, and a Steel Seal which hung upon a Hook, at my Bed's Head, and two Diamond Rings; ten Holland Shirts, a Hanger with a Horn Handle, a Cloth Coat double buttoned, with Gold Buttons, a Dimity Waistcoat, a Pair of Breeches, and a Pair of Shoes. I advertised the Goods, and the Advertisement came out the next Day with a Reward of ten Guineas, to any who would inform me of them. On the Sunday following, the Prisoner came to the Green Dragon Ale-house in Church-Court, where he was stopped with some of my Goods upon him, and
Q. Did you charge him with taking the rest of the Goods.
Mr. Waldron. Yes, and he had two Shirts on his Back, which he acknowledged were mine, and pulled them off, and delivered them to the Constable. The Waistcoat and Breeches, I believe, he has upon him at this Time; I know he had them on Yesterday. He told me; that three of the Shirts were at the Pawnbrokers, and directed me to them. The Hanger likewise was found upon him, but it was taken from him at the Alehouse before I saw him.
Q. How long had he been with you?
Mr. Waldron. He came to me on the 18th of Sept. last, and robbed me on the 30th of October.
Prisoner. I would ask Mr. Waldron, whether he did not intrust me with these Things?
Mr. Waldron. No; not with the Watch nor Rings. He took in my Linnen from the Washerwoman, and when I called for any of it, he brought it me. He had a Key of the Place where it was kept, and I had a Key, that I might look over it, at any Time. He was so far from being entrusted with any Thing else, that when I went down into Devonshire, I put all my Jewels, my Watch, Rings, and Snuff Box, into Mr. Murray's Custody, who is the Master of the House where I lodge.
Mr. Justice Frazier. The Prisoner was brought to my House the 9th of November last. I ordered him to be searched; and after some Difficulty, there two Rings, and this Seal were found in one of his Breeches Pockets, before Mr. Waldron came. The Prisoner told me, he had no Property in them, and that I might keep them if I pleased. When Mr. Waldron came, he owned them, and swore they were the same he lost. They have been in my Custody ever since.
Mr. Waldron. This Seal hung to my Watch: these Rings are likewise mine.
Mr. Frazier. When I ask'd him how he came by these Things, he hesitated and paus'd, and would give no Account: but, says he, I have no Property in them; if you please, you may take them yourself. He owned they were his Master's, before Mr. Waldron, and to the best of my Remembrance he told me, he was not obliged to make any Confession.
Thomas Hawksworth . I am a Pawnbroker in St. Martin's Court; and receiving an Advertisement from Goldsmith's Hall, relating to this Robbery. I remembered the Mark upon a Shirt which the Prisoner had pawned at my Shop in the Name of James Wallis . So I sent my Daughter up Stairs to look over the Goods, and she found four Shirts, which the Prisoner had pawned, at different Times, in the same Name. These are the four Shirts, which I carry'd to Mr. Waldron, and he owned them directly. He pawned them for six Shillings a-piece, and they have been till now, in my Custody.
Mr. Waldron. These are mine.
Hawksworth. The Prisoner pawned a Coat (which I have since seen at Mr. Waldron's) 'twas a brownish Cloth with Gold Buttons, and a Waistcoat and Breeches; but these Things he redeem'd the Night before. The Waist-coat was taken in by my Servant.
Thomas Bridgewater . I bought an Olive-colour'd Coat, and an old red Coat of the Prisoner, on the 31 st of October. The red Coat, it seems, was his own. I carry'd them into Monmouth-street, to sell them again, and there I was informed, the Olive-coloured Coat was stole, and being directed to Mr. Waldron, in Henrietta street, Covent-Garden , I carried it to him, and he claimed it. The red Coat was old, the other was but an indifferent Cloth, and had an old Lining in it; the Gold Buttons were papered over. I paid him 25 s. for them. I went afterwards to see him in the Gatehouse; and asked him if he did not know me? He said he could not call me to Mind, - but he shook his Head, and had the Breeches belonging to the Coat upon him at that time.
Terence Eavers . The Sunday after the King's Birth-day, I took the Prisoner: He had pawned a Shirt with me for 3 s. I keep a publick House by St. Martin's Church in the Fields, the Sign of the Green Dragon, in Church Court: Mr. Waldron had said he carry'd the Hanger and a long cutteau knife about him, but I found only the Hanger upon him, which I took from him in my
Mr. Waldron. This Hanger, and this Shirt, are mine.
Robert Bushell , Constable. On Sunday Night, about a Month ago, I was sent for to the Green Dragon, to take a Man who had robb'd his Master. I went, but the Prisoner was taken in Custody, before I got there. I searched his Pocket slightly for Weapons, but found none. He was searched again, before Mr. Frazier; and I took two Diamond Rings out of his Pocket. He had two of Mr. Waldron's Shirts upon his Back, which he pulled off; then he pulled his own Shirt out of his Pocket, and put it on.
Mr. Waldron. This Carmoult kept the Shirts he took in Pawn, a Week after they were advertised. Mr. Frazier sent for this Man, and his Master, but neither of them would come.
Barnes. I have brought but one of the Shirts now, for my Master said, one would be enough to produce to the Court. They are all of the same Sort. I had them from the Prisoner at the Bar, I think about the Beginning of October, they were pawned for 6 s. a-piece, in the Name of James Waldron . I took two of them in my self, but I won't say positively I had them from the Prisoner.
Mr. Waldron. They were desired to go and see the Prisoner in the Gatehouse, but they refused to go.
Barnes. I don't know but Mr. Waldron might desire my Master to go, but I am not my own Master; if Mr. Carmoult had ordered me to have gone, I should have gone.
The Court reprimanded Barnes, and expressed their Displeasure at Carmoult's Behaviour; at the same time ordering an Officer to go with Barnes, and demand the Shirts which were detained, and they were accordingly brought into Court.
Mr. Bathurst. Last September was Twelve month, the Prisoner was recommended to me as a Footman, with an honest Character. He served me eleven Months, or better; and left me with a fair Character. Mr. Waldron wanted a Servant, and he told me he had an Opportunity to better himself, by going into his Service. This was one Reason of his going from me.
William Drysdell . I keep an Alehouse in the Hop Garden, Bedford-bury, and have known the Prisoner ten or twelve Months. He used to come to meet some Countrymen of his, at our House, and I always took him to be a civil, sober Man. The Jury found him Guilty . Death .
John Seymour . On Friday the 10th of last Month, about a Quarter before Nine at Night, I was going along Cheapside, and Gordon took hold of my Arm, and ask'd me if I wanted a Whore? I walk'd on towards Bow-Lane, and she and Bates follow'd me. When I came to Bow Church , I stopp'd about five Minutes, to hear what they had to say: We talked together, and they wanted me to go to a Tavern. While we were talking, I am sure I felt one of their Hands in my Breeches Pocket, and I believe it was Garden's Hand, because she was nearest me: Bates was not near enough me to do it. I said nothing about it then, but clapp'd my Hand to my Pocket, to know if they had been there; upon which they immediately walk'd off, and I miss'd a Guinea and a Portugal Piece, of 36 Shillings. I had the Money, I am sure, an Hour before, when I came from my Master's House in Bow-Lane, and I had been in no Company. Upon missing my Money, I follow'd Jane Bates into a Publick-House, within ten Yards of the Place where we had been talking, and asked her what was become of the other Woman? She told me I was mistaken; and that she had no other Woman in her Company that Night. Very well, says I, pray how long have you been here? A great while, she said; but the Landlord told me she was but just come in, and had given him a Guinea to change: I saw it, and believed 'twas mine; 'tis now in the Hands of the Landlord, and is very pale and very full-headed. I can swear it was mine, but I could hear nothing of the Portugal Piece: I had taken the Guinea but a little before, of a Servant in our House, and had disputed whether 'twas a good one. I think it was not possible for Bates to have pick'd my Pocket, because Gordon stood before me, and Bates stood on one Side of us. I never saw either of them before, but I am sure they are the Persons.
Q. How did you find Gordon?
Seymour. Bates's Husband, by his Wife's Instructions, took her last Saturday Night; but we found nothing upon her.
Richard Flint . This Jane Bates came into my House that Night, and called for a Pint of Beer; then she gave me a Guinea to change: I scrupled it, because I thought 'twas not a good one. I had it in my Hand, and was looking upon it, when the young Man ( Seymour ) came in; he saw it likewise. As to the other Woman, (Gordon) I know nothing of her.
William Day , Constable. The Husband of Bates li't of Gordon in the Street, last Saturday Night, and charg'd a Watchman with her. In bringing her to the Watch-House, she had like to have been rescued. She confess'd nothing, nor was any thing found upon her. Seymour, (the Prosecutor) would have discharg'd her, when he found that his Master would not come to speak for him, nor have any thing to do in the Affair.
Tobias Isaacs (a Jew). On a Friday Evening, about three Weeks ago, (but I can't tell what Month, nor what Day of the Month it was) I was at Bates's House, and she ask'd me to change her a Guinea; 'twas a sort of a pale Guinea; but I did not change it. I have known her 11 Years, and know no Harm of her.
Elizabeth Wilson . I saw her Husband give her a Guinea, and four or five Shillings, last Thursday Morning was three Weeks. She is a Woman that always carries herself sober and honest, and always paid as far as she went. Both Acquitted .
6. 7. Thomas Brown , and John Rigby , were indicted for assaulting John Evans on the King's Highway, putting him in Fear, &c. and taking from him a Silver Watch and a Silver Chain, value 45 s. a Brass Key of a Padlock, value 1 d. and three Shillings in Money , June 9 .
John Evans. On the 9th of June last, about 9 o'clock at Night, I was coming with a Gentleman (Mr. Smalt ) in a Chaise, from Newington-Green Turnpike , down the Road that leads towards Islington , and about an hundred Yards beyond the Turnpike, three Men jump'd out of a Ditch; one of them stopp'd the Horse, and back'd the Chaise into the Ditch; then two of them came, one on each Side the Chaise, and drawing out their Pistols, they bid us deliver, or else they would shoot us through the Brains. The Man on my Side the Chaise took about three or four Shillings from me; and ask'd me for my Watch: I told him I had none, but he felt for it, and pull'd it out. Among the Money they took a little Key which belong'd to a Dog's Collar.
Q. What was taken from Mr. Smalt?
Evans. About seven Shillings and some odd Money. After they had robb'd us, they went over the Fields behind a Haycock, towards Cranbury-House. When I got Home, I talk'd of the Robbery - all the Parish knew of it the next Day; and in about a Week on nine Days, I heard of the Prisoner by some Gentlemen, who make it their Business to take these People. They told me, that Rigby's Father lived in Shoreditch, or somewhere about Morefields, and kept a Garden. I know nothing of the Prisoners, but by their Stature and Size they should be the Men; and Rigby's Father sent once to me; and after that, he came to my House, to make up this Matter; he begg'd I would be merciful to his Son, and that I would not hang him. I told him, I could not hang him, if the Law did not. This was about a Fortnight after the Robbery; and when I had a Warrant out against him. I can't say he offer'd me any Money, but he talk'd about my having my Watch again. He would have agreed to any thing if I would have made it up.
Q. Did he offer to give you your Watch again?
Evans. I can't say he did.
Q. Did he say any thing about your Watch?
Evans. No, Sir, but there was a Sort of a Talk about it, and if I would do so and so, he would do so and so.
Q. What did he propose to you?
Evans. Nothing, nothing at all; but he came with a Design (if he could have agreed with me) to let me have had my Watch again, and to have satisfy'd me with what they thought proper; but because we could not agree, we had no more Words about it.
Q. What did he want you to agree to?
Evans. I heard nothing about that; yet I don't know but he would have given me my Watch, and something beside, if I would have agreed with him. I was with him once about it at Shoreditch: The first time we talk'd about it, was when somebody sent for me to Shoreditch; so Mr. Smalt and I went thither together, and then we told them, we could do nothing at all in it.
Q. Have you seen the Prisoners since they were taken up?
Evans. Yes; I saw them in New Prison, and went with them before the Justice, where I told Rigby that I believed he was the Man who put his Hand into my Fob, and pull'd out my Watch. He said he was not the Man who robb'd me, but own'd the Watch was given him to pawn the next Day. This Gentleman (Mr. Goddard ) has got it now.
Q. When you heard them talk; did you remember any thing of their Voices?
Smalt. I can't say any thing to that.
William Goddard . Last Sunday night, in the Morning, Mr. Harris, the Constable, came to me with a Warrant for the apprehending of Rigby, Jesse Wallden, and a third Person. I went with him and others, in hopes of taking them all; but at that time we took only Rigby. We found him in bed in his Father's House by Shoreditch; he keeps a Garden, called The Curtain. As we were carrying him over the Fields, I ask'd him if he had not better discover his Accomplices; I told him he would do himself a Piece of Service by making such a Discovery. He told me, for some time together, that he could not, and would not, for he had not seen any of them since the Robbery: But some little time afterwards he said, - '' I was not in the Robbery, nor have I '' seen any of the Persons concern'd in it, since it '' has been committed; but I can tell you where '' the Watch is pawn'd.'' He own'd that he went out with an Intent to rob, and that he changed Coats with Jesse Wallden (the Butcher) under the Haycock, and that the Robbery was committed while he was under the Haycock, and the Watch was brought to him there, and his Coat return'd him by Walldon, after the Robbery. He said farther, that he pawned the Watch the next Morning to a Woman in an Alley by Moorfields. I urged him to discover his Companions, and at last he said he knew where to find the other Prisoner (Brown), and agreed to go with us to look for him in Cock-Lane in Shoreditch. As we were going along he said, '' We may as well '' call for the-Watch too, as we are so near'' And accordingly, he carried us to a House, and ask'd for it. The Woman wonder'd he should come for a Watch on a Sunday, and told us it lay for a Guinea and a Half. I put two Guineas into his Hand, and bid him pay for it: He gave her the Money, and I had 7 s. 3 d. out of my two Guineas. When I had got the Watch - Now, says I, you shall know this Watch was stole, a Man was robbed of it upon the Highway - give me my Money again. So she took her 7 s. 3 d. and return'd me my two Guineas. This is the Watch.
Evans. 'Tis the same Watch I was robb'd of.
Goddard. When I had thus got the Watch, we went and took Brown in Cock-Lane; and upon his denying that he was concern'd in this Robbery, I bid Rigby not charge the Man if he was not guilty. Why, says he, he was not with us this Time, but he very often has been with us, and as he expected to be made an Evidence, he must do something. But when he ( Rigby ) was before the Justice, he could speak to nothing but this Robbery, and in this, he said, Brown was not concerned. He own'd he was in it himself, and gave us the Names of those who were; but we have not yet been able to take them.
Rigby. I was not in the Robbery, but I pawn'd the Watch. I was coming from Spittlefields Market, and met Jesse Wallden, Jack Tapper , and Tom Easter ; so we all went to the Green Dragon in Moorfields, and drank three or four Pots of Beer. When we came to pay the Reckoning, we had no Money, so they gave me the Watch, and I went and pawn'd it in Angel-Alley for a Guinea and Half, and they shar'd the Money. 'Twas not under the Haycock that Wallden and I chang'd Coats, 'twas at my Father's Garden. He took my Coat. for his white Frock, and I went with him into Lyssard's Fields, a Mile and a Half from the Place where the Man was robb'd, and there I
Nathanael Harris confirm'd Goddard's Evidence, adding, that Rigby told them Jesse Wallden had a white Frock, and lest he should be discover'd by that Means, it was agreed he should change it with him ( Rigby ) for his Coat, who was to wait with a Dog behind the Haycock, while they committed the Robbery, and that they all four met at the Green Dragon the next Day, from whence he went into Angel-Alley, and pawn'd the Watch for a Guinea and Half; that he staying a great while, his Companions, he said, were afraid he was gravell'd; therefore they went from the Green Dragon, and waited for him in Moorfields. Brown Acquitted. Rigby guilty , Death .
8. William Moore , of St. Bartholomew the Great , was indicted for ripping and stealing the Head of a Leaden Pump, quant. 50 lb. val. 4 s. 2 d. being fixed in a Yard belonging to the Dwelling-House of Thomas Smallwood , Nov. 6 . Guilty .
16. William Bullinbroke ,* was indicted for breaking and entering the Dwelling-House of John Smith , at 7 at Night, and stealing thence a Calamancoe Gown, val. 8 s. three Pair of Linnen Sheets, val. 20 s. nine Ells of Cloth, val. 12 s. two Linnen Shifts, val. 4 s. a Muslin Hood, val. 12 d. a Cotton Apron, val 12 d. a Linnen Apron, val. 12 d. two Brass Candlesticks, val. 2 s. and a Brass Pepper-box, val. 6 d. the Goods of William Hodsdon , and a Linnen Roller, val. 6 d. the Goods of our Sovereign Lord . Octob. 18 .
* The Prisoner was sentenced for Transportation, in January Sessions, 1736-7, by the Name of Bullbroke.
Elizabeth Draper . I am Servant to William Hodsdon and his Wife: We live in Bell-Lane, near Montague Street, in Spittlefields . About 7 Weeks ago my Mistress sent me out with a Sieve of Oysters to sell in Petticoat Lane: When I was coming home, I saw the Prisoner hulking about our Door, and he pretended to be making Water, but I thought he was pushing against it. When we came home, we found the Door broke open and a great many Things were taken away.
Hannah Hodsdon . I lodge in a Ground Room in Mr. Smith's House. On the 18 th of October I went out about 4 o'clock, to go down to Billingsgate, to get some Oysters for the Girl to go out with that Night. I returned home about Seven, and found a Door of my Room broke open; not the Set Door, for that is left open for the sake of other Lodgers, but a Door in the Entry, near the Street Door, which we never made any use of, and as we always went in and out at another Door, this which was next the Street Door, was fasten'd up with two Bolts and three Nails, and a great Looking Glass hung upon it. This Door we found broke open, and a Chest of Drawers was broke open likewise, and a Calamancoe Gown, three Pair of Sheets, a white Apron, and a Muslin Hood, were taken from hence; the Candlestick and one Apron were taken out of the Room. After my Surprize was a little over, I said to my Husband, - '' I fancy the Man that was transported a '' while ago with my Brother, has done this, - '' I fancy 'tis Bullingbroke.'' And accordingly, I got a Warrant the next Day, and took the Prisoner; then search'd his Room, and found one of my Shifts. Upon this he was carried before Mr. Justice Farmer, and there he own'd the Fact, telling us his Wife was the Occasion of his committing it; but he would not sign a Confession in Writing, nor would he tell us where the rest of the Goods were. His Wife said she knew where they all were, but she refused to tell us. I am sure the Goods I have mentioned to be in the Drawers, were all there when I went out, and that the Drawers were lock'd.
Hodsdon. She solicited us to make a Debt of it, and promised to pay so much a-week till we were satisfied.
Mary Varnio confirmed Theobald's Evidence, and swore the Shift which was found in the Prisoner's Room, was the Prosecutor's; adding, that the Prisoner, as soon as he was taken, declared himself to be a dead Man, and owned the Fact.
William Hodsdon confirm'd his Wife's Testimony, and said farther, that behind the Door which was broke, there stood a Syllabub-pot, which he believed was a hundred Years old? and this was thrown down and broke, by the Prisoner's entering at the Door.
Prisoner. They accuse me very wrongfully. My Wife deals in Rag Fair, and this Shift, which they found in my Room, might be got there, for aught I know. They said they would swear against me right or wrong. I have no Witnesses of any Kind. Guilty , Death .
18. Constance, alias Costantia James ,* of St. Martin's in the Fields, was indicted for privately stealing fourThirty six shilling Pieces, value 7 l. 4 s. and a Half Guinea, from the Person of William Davis , Nov. 22 .
William Davis. On the 22d of November, about 11 at Night, the Prisoner picked me up in Catherine Street in the Strand , as I was going home. She told me, she would go along with me. I said, I was going home to my Lodging, and wanted none of her Company. We had no more Talk together, but when I came to my own Door (which was but a little Way from the Place where she first spoke to me) I bid her begone about her Business, and she went off some Paces. I thought she had been gone, but while I was taking the Key out of the Door, after I had opened it, she brushed in upon me, and while I was in the Entry, she pushed one of her Hands to the Waistband of my Breeches, and the other she employ'd in picking my Pocket. I cry'd out - '' What are you doing!'' and drew back, and clapping my Hand into my Pocket where I had five of these Portugal Pieces, and a Half Guinea, I missed all but one Thirty-six shilling Piece. I fastened the Door immediately, and called my Landlord; she then pretended to strip herself, but I was not satisfied with that; therefore we got a Watchman, and this Woman, to take her up Stairs, and after some little Time, they brought me down my Money.
Mary Baily . When we got her up Stairs she was unwilling to be searched by Force, - she would undress herself, and when she was all undressed, as she stood upright, one of the Pieces of Gold dropped from her. Then she clapped herself down upon a Bed in the Room, and would be searched no further. I resolved to search her, and she finding it must be done, she clapped her Hand under her, and put the rest of the Money into the Bed, where it was found directly. I imagine she swallowed the Half Guinea, while we were searching her for the other Money.
Ralph Rotheram (Watchman). While the Prisoner was in the Entry, she cry'd out - Fire! Murder! I hearing the Outcry, ran with my Candle and Lanthorn to see what was the Matter. I heard how it was, and we got her up Stairs to be searched; while she was laying her Apron upon the Bed, I heard something fall from her; I stooped down, and took up a Thirty-six
Prisoner. I met the Man, and we drank some Gin together in the Street; then he told me he was a single Man, and I should go home with him to his Lodging, but I must not make any Noise, for he had the Key of the Door in his Pocket. When he got me into the Entry, he would have used me ill, &c. and I being with Child, cry'd out, Fire! Murder! to get rid of him. But the Watchman came and forced me up Stairs; where the Woman that searched me told him there were prettier Girls at home than I was. There were three Pieces found in the Bed, but I don't know how they came there, and what they have said is entirely false. Guilty , Death .
21. Mary Seymour was indicted for stealing three Linnen Shirts, value 14 s. a pair of Laced Shoes, value 4s. a Holland Waistcoat, two Aprons, and other Things , the Property of John Waggerson , Oct. 18 . Guilty .
Mr. Tanner. On Wednesday was Fortnight, half an Hour after Nine at Night, I and six or seven more Countrymen I went from The Three Nuns in Aldermanbury to see a Funeral. I stood (to see it go along) about twenty Yards from the Church-Door. While I was standing there, two Men came up against me, and one of them, with the Point of his (bent) Elbow kept my Arm thus, - (i.e. confined his Arm by keeping his bent Elbow between it and the Prosecutr's Body) and had it not been for the Crowd, he pressed me so hard with his Elbow, that I should have been drawn down by it. At the same Time I felt something grabbling in my Breeches Pocket. As soon as I could, I endeavoured to bring my Hand to my Pocket, but before I could do that, Kew (the next Witness) said to me, '' Sir, your Watch is '' picked out of your Pocket.'' No, no, says I, 'tis not my Watch, - 'tis my Money, - 'tis fifty five Guineas in a Purse, which was in my Left-hand Pocket, buttoned up; and the Purse lay at the Bottom of my Pocket. This is the Fellow to the Purse I lost; - I have been a hundred Miles in the Country for it. - I perceived it going, and that another was picking my Pocket, while my Arm was held up, by the other Person's Elbow; which was done with so much Force, that I could not stir my Arm, to secure my Pocket, and my Side is still sore, with (the Pressure of) the Point of his Elbow. I put my Hand into my Pocket, and cry'd - '' My '' Money is gone''! Kew said, - Then that's the Man, and immediately caught hold of him, and said, he would swear it. Then I took hold of him, and we carry'd him to the Three Nuns in Aldermanbury, and from thence he was carry'd to the Compter. I apprehend it was not the Prisoner, but another, who pinned me up with his Elbow, - but the Prisoner was pressing against me at the same time as close as he possibly could, and bit his Lips in this Manner, [Here Mr. Tanner bit his Lips and contracted the Muscles of his Face] and staring me full in the Face, while he was grabling in my Pocket.
James Kew . On the 22d of November I carried a Light at the Funeral in Aldermanbury . When I came near the Church Gate, the Crowd press'd prodigiously. I stood with my Light, and the Countryman, (Tanner) stood by me: I knew him before. Presently I saw a Man come up, that goes by the Name of BLACK SAM; a Man of a base Character, and who gets his Bread this way. This rais'd my Suspicion, and seeing him, I imagin'd Mischief was going forward: I look'd at the Countryman, and believed 'twas intended toward him. Presently I saw Black Sam shove the Countryman, and the Prisoner (whom I never saw before) was behind Black Sam and the Countryman, but his Situation was a little on one Side of the Countryman. I thought the Prisoner's Hand was in his Pocket, and that he was the man; but
Q. What Cloaths had the Person on that the Hand belong'd to which you saw drawn from the Countryman?
Kew. He was in Blue-Grey, and I saw what he was about. Black Sam kept shoving him, and the Prisoner was behind the Countryman.
Q. Was any body between him and the Countryman?
Kew. I don't apprehend there could be any one between them; for Black Sam kept shoving the Countryman, and the other was behind him: I believe there was no body between the Prisoner and the Countryman. There might be six People round them, but I don't apprehend that any body was between them.
Q. When you charg'd him, as the Person that took the Money, what did he say?
Kew. He said, - I take the Money! - Yes, says I, you took the Money, for I saw Black Sam with you. Why did not you secure Black Sam, says he? I said I was not sure of the thing, till the Countryman spake, and then he was just slipp'd by me. While the thing was doing, I don't apprehend that any one was between Sam and the Countryman, or between the Countryman and the Prisoner: For I was so near them, that I saw them both; and if I had had Spirit enough, I could have put out my Hand, and could have received it (the Hand with the Purse), for Black Sam put his Hand behind him, and the other Man all into his Hand but the Strings; then it was that I spoke, Black Sam turn'd to me - How d'ye, Master? and slipp'd away in the Crowd; an then I said to the Prisoner, Let it be what it will (that is lost) you're the Man, - because I said at first he had lost his Watch.
Q. Why did you speak to the Prisoner in particular, above all the rest of the People?
Kew. Because I thought he must be the Man that took it, and because before I spoke I thought he was about it; and because I thought no one was capable of doing it but Him; and my Thoughts were so strong, that I laid hold of him.
Q. Was any one else so near, or so situate, as to be able to take the Purse, and put it into Black Sam's Hand, but the Prisoner?
Kew. It was my Opinion there was not. Black Sam only confin'd the Countryman, and I charg'd the Prisoner, because I thought no body else could do it; and, before I spoke, I thought he was about it.
Prisoner. Did you, or Tanner, lay hold of me first?
Tanner. Mr. Kew touch'd him by the Shoulder, and said, - You are the Man that pick'd his Pocket. He then took hold of him, and said he would swear it.
Prisoner. Was not a Countrywoman as near Tanner, as I was?
Tanner. No; there was not While I had got the Prisoner by the Collar, I look'd about for somebody to assist me, and I saw Mrs. Billings, who quarter'd in the Inn, and I call'd to her, and said, - Mrs. Billings, this Man has pick'd my Pocket of 44 Guineas, for God's sake take hold of him! Upon this, she and some others assisted me, and we got him to the Three Nuns
Prisoner. Ask Mr. Kew if I had not both my Gloves on, and my Cane in my Hand, at that Time?
Tanner. He had his Cane in his Hand, - but he had no Gloves on. I look'd at his Hands the same time he was seiz'd.
Kew. I did not look at his Hands at all; but caught him by the Collar, at the Instant I suspected him to have done the thing.
Q. Had the Hand that deliver'd the Purse to Black Sam's a Glove on? (to Kew)
Kew. No; none at all.
Abraham Woodhoster. I paid Mr. Tanner 57l. 6 s. for some Cloth I bought of him, on the 21st of November, by a Draught on the Bank .
Tanner. I had 16 Shillings from another Person, which I was to carry down and pay in
Mr. Woohoster. I take Mr. Tanner to be a very honest Man.
Prisoner. Ask Mr. Tanner, it he has not been encouraged to prosecute me in hopes of the Forty Pounds Reward?
C. There's no Reward at all in this Case.
Tanner. I have neither been applying to get my Money made up, nor to make up the Matter. After I had been robb'd, I went away directly into the Country, and travell'd Night and Day to get home. My Pocket was pick'd on Wednesday Evening, and I got to Froome in Somersetshire on Sunday, for fear the Gang should do me a Mischief after the Prisoner was sent to Newgate. I had brought up some Goods to sell; and as I was in Necessity for Money against Christmas, I sold these Goods at Five Pounds Loss. I had been absent three Weeks from Home; and though I went home directly, yet several of my Neighbours met me, and lamented my Misfortune, which they had heard of by the News-Papers, before I got home, and by a private Letter which somebody had sent into the Country. On Tuesday after I got home, one Gully came into the Crown Inn at Froome, and said he had been in Gloucestershire, Bristol, and other Places, buying Goods; he pull'd out a Sheet of Paper, wrote on both Sides, and told the People he was come to Froome to buy 100 Pieces of Cloth. On Wednesday Morning this Man sent for me; I was afraid to go, lest it should be to arrest me, as I had met with this Misfortune; so I sent a Friend to drink a Pint of Beer there, and learn who it was that wanted me. He returned, and told me 'twas a Gentleman that came from London; so I went to him, and he ask'd me what I would please to drink, and told me he heard I had the Misfortune to have 55 Guineas pick'd out of my Pocket lately at London; I told him 'twas true, and the worse Luck was mine. Says he, I have been considering on my Pillow, by what Means you might have your Money again. I said was a great Loss to me - Ay, says he, 'tis a great Loss to a poor Tradesman, - I beg your Pardon for calling you so - I am so, indeed, said I. Well, reply'd he, if you'll be rul'd by me, I'll find Means that you shall have your Money again, though the Man that took it is a Stranger to me, and I have been ten Days from London; yet I have Acquaintance who will make up this Matter.
Q. Do you know that this Man came from the Prisoner?
Tanner. He insisted upon it, that I should go to London with him, and though he said he came to buy many Pieces of Cloth, yet he would buy none, and at last the Gentlemen of the Place suspected he was a Confederate. About six or seven in the Evening he told me, he would lay me five Shillings, that sixty five Guineas should be made up to me if I would be directed by him, and that the Money should be found in some unknown Person's Pocket, and I should not sign any Writing at all. I told him, it was impossible to make up a Felony, and that the Lord-Mayor had commited him, and had ordered me not to make it up.
Q. Can you make it out, that this Man came from the Prisoner.
Tanner. He said, he came from London directly; and the Gentleman in the Town having some Suspicion of the Man, I was sent for to the George, and he was taken up, and put into Ilchester Gaol. When I got home, two Lawyers were sent to assure me, that this Man would give it me under his Hand, that if I would do as he would have me, I should have fifty-five Guineas, and ten for my Trouble. The Justice hearing this, was very angry the Gentlemen should suffer such a Person to be in the Town, - one who had offered to make up the Matter.
Q. Still I ask you, whether you can prove this Man came from the Prisoner, or was employ'd by him?
Tanner. I can't prove that - but there are several Names to the Papers (he had upon him) of Persons, that did employ him. My Lord With Submission, he was talking of forty Pounds which I expected to make of him, - I never had a Thought about, nor was any Money offer'd me, till this Man came to me to make it up.
Defence. This Countryman is a Man of an ill Character, his Country people give him a bad Word. He can neither write nor read, and since he has lost his Money, he has heard I have three of four hundred Pounds, and he said he would swear any Thing to get two hundred Pounds of it. He is a litigious Man, - I thought the Court would have indulged me, - I have feed Council, -
C. But here is no Point of Law; and you know Matters of Fact as well as your Council.
Prisoner. The Night this thing happened, I was going from Gutter Lane Moorfields, and the singing Boys being at the Funeral, I stood between
Henry Emps . I live in Chick Lane, and sell Cloaths, I was going that Night to the Axe Inn, and the Funeral coming by, I asked the Prisoner, Whose Funeral it was? I never saw him, - nor knew him before, - but he was in grey Cloaths, with a Glove (or Gloves) on, leaning on his Cane. He told me, he did not know; so I walked away, and was not farther from him, than I am now, when a Woman came up and spoke to him, and presently, I heard a Noise, that a Person was laid hold of, for picking Pockets: I crowded up, and saw it was the Person I had just been speaking to.
Q. What Distance of Time might there be, between your speaking to the Prisoner, and your hearing this Noise?
Emps. Not a great while: Five, six or seven Minutes. - It might be seven or eight, for aught I know.
Q. Was you at the Axe Inn that Night?
Emps. Yes; to enquire for a Man that came from Birmingham, but they did not know him.
Q. What Business are you of?
Phillips. I follow the Wash-Tub, and was going to put off a Day's Scowering at the George and Gate, in Gracechurch-Street, but seeing the Funeral, I stopped, as others did, and seeing the Prisoner, for whom I used to wash, I asked him for his Washing, &c. I said it was a fine Burying; - Yes, says he, and took me by the Hand, and says he, - pray excuse me, - my Gloves are on. - And not a Minute afterward, - no, - not Half a Minute afterwards, - the Mob seized him, and cary'd him away; I can safely swear to a Minute, and I was just by him when this happened.
Kew. I don't remember this Woman's Face.
Phillips. No; I was in a Deshabille then, and had my Leathern Apron under my Arm, - I had just done Washing.
Prisoner. My Lord, I deal in Hollands and Cambricks , - but I deal with People at the Scotch-Wharf for ready Money, - with Captains of Ships, so I have my Goods the cheaper, - they are not Run Goods; and I have a Correspondent at Bristol who sends me Irish Cloth.
Thomas Hawkes . I live in Ayliffe Street, - Little Ayliffe Street. I have known the Gentleman at the Bar these ten Years, I have worked for him, and he has lodged in my House. I never heard any Thing ill of him in my Life; - I believe he would rather give a Shilling, - than wrong any one of a Farthing.
Q. How long is it since he lodged in your House?
Hawkes. He lodged in my House when he was taken, and he used to carry Bundles in and out, - he always dealt fairly with me, so I never asked him about his Business, but he used to talk - about Hollands and Cambricks, and he used to buy Stockings.
Mary Packenham . The Gentleman that stands at the Bar, lodged with me, - at Times, upwards of seven Years. He has been gone from me two Years and a Half. When he lived with me, he dealt in Irish Cloth and Scotch Cloth, and I, being a Mantua maker, have disposed of some Poundsworth for him.
Elizabeth Houseman . I have known him fifteen Years, and have bought Cloth and Stockings of him. He used to come to my House, because - he knew it very well, - I live in a Lodging, and have about fifty Pounds a Year Income. I knew his Wife, she lived about three Years with him, and was an Acquaintance of mine.
Amelia Harrup . I have known him ten Years, and have dealt with him for Cloth, Handkerchiefs, and Stockings. I buy them of him, and sell them again to my Acquaintance, I always believed him to be a very honest, just Gentleman.
The following Witnesses were called to Mr. Tanner's Character.
Henry Kingman . I live at Froome, and have known Tanner 10 Years. He always behaved like a very honest Man. Some Years ago, he was charged with a Thing for which he took his Trial, but he was acquitted. The Case I don't know at present.
Thomas Grainger . I am Son of the Woman that keeps the Three Nuns. I know Mr. Tanner to be a very honest Man, and one who would not wrong any one of a Farthing. He never gets drunk, nor raves and swears as some others do. As to the Charge that the former Witness mentioned, I have heard it mentioned by his Countrymen, that he bought some Wool, which proved to be stole, but he was honourably acquitted, and every body thought him innocent, and that it was a malicious Prosecution.
Edward Marsh . I was coming by when this Fact was committed, and I heard him say, This Man had robbed him of almost sixty Pounds, so I assisted him to the Three Nuns, and made the Prisoner go up Stairs. I asked him, what Friends he had to send for? He had none, and scrupled very much to tell his Name. I insisted upon his being searched, and he took a Piece of Gold and some Silver out of his Pockets, but they were not turned inside out. I think he was playing with his Gloves in (not on) his Hands when he was brought into the House.
Mr. Percival. I saw no Gloves at all.
Mr. Marsh. They were not upon his Hands when he was in the House. I heard Kew then say, - '' Lord now must I take this '' Man's Life away! I saw him hand something '' to Black Sam! Must I swear this''
Mr. Tanner called an Officer in Court to give an Account of the Prisoner, who deposed that he had been known as a Pickpocket about the Town, for a long Time; that he had known him three or four Years, and believed him to be a Pickpocket; and that he had carry'd him before Sir Richard Brocas about a Lottery Ticket, lost in Exchange-Alley.
The Jury acquitted the Prisoner.
27. Jane Hollis was indicted for stealing a Velvet Hood, val. 15 s. a Leghorn Hat, val. 12 d. a Holland Apron, val. 3s. a ruffled Shift, val. 5 s. a lac'd Muslin Hood, val. 12 d. with other Things; and 4 Guineas, three Half-Guineas, and 13 s. and 6 d. in Money, the Property of Richard King , in his Dwelling-House , Oct. 9 . Guilty, 39 s.
It appeared that Mr. Horner, a Stocking-maker in Pancras-Lane , lost three Silk Stockings, one of which was brought to him by Mr. Bridgen, a Dyer, who received it from one Brown, and Brown swore he bought it of the Prisoner for 2 s. 6 d. the other two were sold by the Prisoner to Mr. Denny near the Cloysters for six Shillings: And it appearing the Goods were sold at an Under-price, the Court very severaly censur'd Brown and Denny's Behaviour in this respect. Guilty .
29. James Lyon was indicted for that he on the 10th of August, in the 5th Year of his present Majesty, in the Parish of St. George the Martyr, did marry and to Wife take, Mary Williams , Widow; and afterwards, on the 19th of July, in the 11th Year of his Majesty , with Force and Arms, in the Parish of St. Mary Magdalen, Old Fish-street, feloniously married, and to Wife took, Elizabeth Allen , Widow, and to her then and there was married; his first Wife, Mary Williams , being then living, and in full Life , &c. and afterterwards that he the said John Lyon , on the 27th of November, in the 12th Year of the King, in the Parish of St. Martin in the Fields, for the Felony aforesaid, was arrested and taken.
The Council for the Prosecution having taken notice that the Indictment was grounded on an Act made in the 1st Year of King James I. c. z. proceeded to open the Charge, and the Witnesses were called.
Henry Mackworth . I am an Apothecary in Bloomsbury: I know the Prisoner James Lyon: He came to my House, August 31, with my Sister Mary Williams, (after they had been taking a Walk in the Fields) and said they had agreed to be married, - I remember it was in Tottenham-Court Fair Time, and they were both willing to to be married that Day. I had my Sister consider what she was about; but she, having a Notion
Q. Was a Ring made use of in the Ceremony?
Mackworth. I can't say that: - but 'twas according to the Ceremony of the Romish Church, because my Sister was a Roman. When the Ceremony was over, they came to my House, and after supper they went to bed together. Next Morning he went about his Business, and she went to her Lodging. At Michaelmas following he took a House in King-street, St. Giles's, where he kept a Pawnbroker's Shop . Here they liv'd a Year and a Half, and she went by his Name, and appear'd as his Wife in all manner of Shapes and Respects. Indeed since Christmas last I have not seen her; we have been to enquire after her, but can't hear whether she is dead or alive.
Counc. Was there any Courtship preceded the Marriage?
Mackworth. He had been with her two or three times, and the thing was talk'd of; she inform'd us of the Offer he had made to her - I never heard it suspected she was his Housekeeper, but she went for his Wife with every one.
Counc. In what Manner was the Ceremony performed?
Mackworth. 'Tis taking such a one for my Wife; - and she says; she takes such a one for her Husband, To Have, and To Hold for Life.
Counc. Did the Person produce a Book?
Mackworth. Yes, - Latin and English; but I did not look into it.
Counc. Then it might be a Play-Book, for aught you know?
Mackworth. I did not look into it, sure enough.
Counc. Was there any Latin read at that Time?
Mackworth. I can't say that particularly; but I remember the Consent of the Parties, very well. I never attended a Marriage by a Popish Priest, but this and my own, and that was fourteen Years ago.
Counc. Are you a Roman?
Mackworth. Yes, - but the Prisoner is a Protestant.
Prisoner, Q. Have not you, (on your Oath) said she pass'd for a Housekeeper, and not for my Wife?
Mackworth. No; nor have I ever heard any such thing.
Prisoner, Q. Had not she a Husband then living?
Mackworth. She had not, he died abroad - Long before this I received an Account of his Death by Letter, and his Relations went into Mourning for him. I have lost the Letter, for I had no Notion of these Difficulties coming up.
Mrs. Mackworth gave much the same Account with Mr. Mackworth: adding, that she was a Roman Catholick, and that the Prisoner and her Sister were married in the same Manner that she and Mr. Mackworth were married; that she could not remember all the Words, only these: - I take thee for my wedded Wife, and endow thee with all my worldly Chattels: that the Prayers were in Latin; but that the Priest gave them a deal of good Advice in English; that there was a Ring made use of; that after the Marriage, they were visited and received Visits as Man and Wife; that during the Year and Half they liv'd in Kingstreet, they were not one Night asunder; and that the Marriage Ceremony was performed by a Priest, in a Room up one Pair of Stairs, about Nine o'clock at Night; she and her Husband, the Bride, Bridegroom, and the Priest, being only in Company.
James Stiles . I have known the Prisoner about 6 Years come Christmas next. He married Mr. Mackworth's Sister, and I remember their living as Man and Wife together in King-street, Bloomsbury. Her Name was Williams before he married her. I took the House they liv'd in of the Prisoner, and they liv'd with me in it Half a Year afterwards, and all that Time she went by his Name, and they liv'd and lay together. She has dined several times at my House since last Christmas Day. I don't know what's become of her now, - but I believe I saw her last February.
Catherine Stiles . I have not known the Prisoner till lately: I have heard my Husband speak to him; but I was not married then. I have known him about a Twelvemonth, and have seen Mrs. Williams (poor Woman!) several time since Christmas. I believe she was his Wife - else
Counc. The Question now is, Concerning a Marriage De Jure and De Facto; Whether a Marriage by a Popish Priest is a Marriage De Jure? She is a Wife De Facto - she has liv'd with him as such, and he has acknowledged her for his Wife; but, I must own, I am not prepared to produce particular Cases to this Purpose.
But as I have been often told upon the Circuits, that I must shew some Ceremony to have been performed, I was willing to shew the Truth of the Case. I apprehend the Prisoner would be liable to pay his first Wife's Debts, and if he should, then this poor Woman's Substance, who has been deceived by him, is to be taken from her, and she can claim no Dower out of his Effects. Call Mrs. Allen.
The Council on the other Side objected to her being sworn, and observed that as all Acts constituting Felonies are to be construed strictly, so a Marriage, strictly and according to the Laws, must be a Marriage according to the Ceremony of the Church of England, and it appearing that there had not been such a Marriage, but one by a Popish Priest, it was submitted, that they had not incontestibly established the first Marriage, nor had they so established it, as to be intituled to produce the second Wife.
Elizabeth Allen. I was married to the Prisoner the 19th of July was twelve Months at St. Mary Magdalen's Church , by Licence from Doctors-Commons, and the Certificate is here. He then passed for a Widower, and I lived with him 'till I took him up, except a little Time he was in Ireland. I found it out in June, and told him of it; he deny'd it utterly, but I called upon Mr. Mackworth, and he confirmed it, and said he was present at his first Marriage, and told me all that he has said here. This was the Reason I indicted him for marrying me. I am a Protestant, and have brought this Prosecution against him, by my own Resentment. I sent for a Marshall's Man, and was present when he was brought before Mr. De Veil.
Carter Bell . I was present when he was arrested, 'twas in Spring-Gardens, near Charing-Cross. I am a Servant to Mr. Mackenzie, who lodges at No. 2. in Spring-Gardens, 'twas there he was apprehended for having two Wives, as I was informed, but I did not see the Warrant.
Mr. De Veil. The Constable always keeps the Warrant for his Justification. He was brought before me, and committed by me.
Council. I apprehend, 'tis necessary (in order to shew the Court has a Jurisdiction to try him in Middlesex) that they should produce the Warrant by which he was taken. The Rule of Law is, - that the best Evidence is to be given in such Cases, and the Warrant will speak for itself: That being produced, it will appear for what Offence the Man was committed, and in this Case 'tis mentioned in the Indictment.
Council. I imagine it never was required, or ever was expected, that the Warrant should be produced, and that the Objection with Regard to Jurisdiction is easily answered; for if he had been taken up in another Country, he had not come here but by Habeas Corpus. But as he is here, he is to be taken Prima Facie, as he is before the Court. And Mr. De Veil says he was brought before him, and committed by him; therefore he can easily shew, if 'twas for any other Offence.
Q. to Mr. Mackworth. Were all the Words necessary to make a Popish Marriage repeated on this Occasion?
Mr Mackworth. Yes: I never read the Words of a Popish Matrimony in my Life, yet I believe he was married according to this Form. The Priest was in a Secular Habit, but he put on a little Thing, which we call a Stole. 'Tis a Thing that comes round their Shoulders; a Bit of Silk about four or five Inches broad, and hangs down a little Way. He had no surplice on; but he was one whom I had seen officiate as a Priest; and no Seculars wear the Stole, tho' they may do some Office. Acquitted .
30. Elizabeth Letts was indicted for stealing a Cambrick Mob, laced, value 3 s. a Pair of Crimson Harrateen Curtains, value 1 s. a Tabby Night-Gown, value 6d. a Diaper Clout, value 6d. a Towel, val. 6d. and a Silver Tea-Spoon, val. 6d. the Goods of Mary Bolton , Dec. 1 . Guilty .
Joseph Hall was indicted for stealing two Sows, value 4l. and a barrow Hog, value 2l. the Goods of George Sully , Nov. 17 . Guilty .
Joshna Murphey. I let this Woman and her Husband a Lodging, -
It appearing that the Prisoner had a Husband, she was Acquitted .
39. Mary Hall was indicted for stealing a Velvet Manteel, value 20 s. three Pewter Plates, value 2 s. a Gold Ring, value 20 s. and several other Things, the Goods of Mary Peakman , in her Dwelling-House , Oct. 17 . Guilty, 4 s. 10d.
The Prosecutor not appearing, the Prisoner was Acquitted .
41. Robert Dickinson , of St. Mary le-Strand , was indicted, for that he, not having GOD before his Eyes, &c. on the 16th of October , in and upon Peter Price , feloniously, &c. did make an Assault, and with a certain Sword made of Iron and Steel, val. 5 s. &c. him the said Peter in and upon the left Side of the lower Part of the Belly, near the Navel, did strike and stab, giving him a mortal Wound, of the Breadth of one Inch, and of the Depth of two Inches, of which mortal Wound he languish'd from the 16th of October to the 19th, and then died .
He was a second time indicted on the Statute for Stabbing. And
He was a third time indicted on the Coroner's Inquest, for feloniously Slaying the said Price.
Robert Burton , Constable. On Monday-Morning, between One and Two, I was going my Rounds, and heard a Noise in a Night-Cellar, where they sit up, all Night, and sell Beer and Ale, and any thing, and every thing. I ask'd my Beadle if I had any Power to go there, because 'tis out of my Parish? He told me I had. So I went and found People standing at the Cellar Door, whom I dispersed; then I went down into the Cellar, and saw a great many People, forty, I believe. The Woman of the Cellar led me to the farther Part of it, to some Women, that, she said, had been troublesome; when I returned to the Middle of the Cellar again, I saw the Prisoner and another Serjeant standing upright, and my Beadle said to me, - '' Master, '' here's a poor Man wounded! '' Wounded, says I, let me see! The Deceased was a Welsh Man, and spoke such broken English that I could hardly understand him; but he lifted up his Coat and Shirt, and I saw no Blood, but something that I thought had been a Wart upon his Belly: He kept groaning and sighing, and said he was stabb'd and murder'd; upon which I said, - Prithee let's look at it again; I saw it again, and perceived some Spots of Blood upon his Shirt, and that 'twas the poor Man's Cawl which hung half an Inch out of his Belly. I ask'd him who did it? He told me the Prisoner, who then stood near to, and facing the Box, where the Deceased sat, and made no Answer to what the Deceased said. I bid him be sure of what he said; - Yes, says he, That was the Serjeant, (pointing to the Prisoner) that stabb'd and kill'd me. Then I turn'd to the Prisoner, and told him I must secure him; he had his Sword then in his Belt, but Serjeant Duckworth, who stood by him, took hold of it, and turn'd the Point of it towards me, before I took it out of the Prisoner's Belt, that I might see the Point was naked, and without a Chape, (i.e. the Metal Cover at the Point of the Scabbard) I took notice of this, and after I had seiz'd the Sword, I order'd him to be carry'd to the Round-House, where I waited for the Deceased to come and confirm his Charge. He was no sooner came in, but I observ'd his Countenance change; so I sent for a Surgeon: And while he was gone for, I enquir'd again of the Deceased, how he came by his Wound? The Prisoner was present at the same time, and heard the Deceased tell me He was the Man that had stabb'd, and kill'd, and murder'd him. The Prisoner said, - '' Could I do it, with my Scabbard '' on, and my Sword-undrawn?'' The Deceased (in a Passion) said, '' Yes, you did it, - '' and, d - n you, you Villain, you know you did '' it. Your Sword was naked, and you knew it. '' I only said - it was not fair to draw upon a '' naked Man, and you said, - G - D d - mn your '' Bl - d, I'll stab you, and you did it directly.'' This was what the Deceased said, and I did not hear the Prisoner make any Answer at all to it.
Jury. Was the Deceased sober at that time, or in Liquor?
Burton. I can't tell; I believe he had been drinking.
William Roice (Beadle) confirm'd Burton's Evidence: He said that while the Constable went to the farther End of the Cellar, he stood between the Prisoner and the Deceased, who told the Witness he was stabb'd by the Prisoner; and that he had only said to him, 'twas a Shame for him to draw upon a naked Man; to which the Prisoner did not answer one Word. The rest of his Evidence tallied with Mr. Burton's. He added, that he was one who attended the Deceased to the Watch-House, who seem'd likely to faint away several times, as they were bringing him along; that he went for the Surgeon who dress'd the Wound, and then the Deceased swore again at the Prisoner, and said he had kill'd him, and that his Sword was naked; that when the Justice was examining the Deceased, some body ask'd the Prisoner if he was not sorry? to which the Prisoner reply'd, - Sure, - I am sorry; he likewise said - the Deceased had been drinking, but he imagin'd he was sensible with regard to what he said and did.
Thomas Sealy , (a Watchman) deposed, that the Deceased was a Taylor ; that he saw the Prisoner in the Strand, and heared him say, - D - mn your Bl - d, what signifies killing one Taylor, - eight more makes a Man. That he heard him, say this in Clare-street, when he was in the Custody of the Watchman and Constable. That he attempted to knock up one of the Watchmens Heels, that he might escape. That when the Prisoner and the Deceased were at the Watchhouse, the Deceased said - I am a dead Man, by G - d, - that's the Man that has killed me, - pointing to the Prisoner.
Q. to Burlon. Did you hear the Prisoner say, when he was in your Custody, What signifies killing one Taylor, &c.
Burton. No: but I was sometimes six or seven Yards behind him; I did not hear him say this.
James Andrews corroborated the Constable and Beadle's Testimony, in every other Respect, but this - He said the Prisoner refused to deliver up his Sword; that he, upon his Refusal, set down his Lanthorn and Staff, and told him, he would snap it in two, and that upon the other Serjeant's Persuasions he delivered it. That he had hold of him when he was carrying to the Watchouse, yet did not hear him say, - What signifies killing a Taylor, &c. But, that he once turned about, - and he believed intended to have kicked up one of their Heels. That the Deceased, while the Surgeon was dressing him, started up and cry'd - d - mn your Bl - d (to the Prisoner) did I say any thing else to you than this, - '' It was not fair Play to draw '' upon a naked Man''? - upon which you said, - d - mn you, I'll stick you. And that the Prisoner did not answer a Word to this.
[It was here urged that the Justices should endeavour to suppress these Night-Houses and Cellars, which served as harbouring Places, for loose, disorderly People.]
Francis Sherrard , (a Watchman) confirmed the Account the Constable, Beadle, and Andrews, gave of the Affair, from the Deceased's being led out of the Cellar, to his being put to Bed in the Watch-house.
Catherine Price , the Widow of the Deceased, deposed, that she saw her Husband in Bed at the Watch-house at 7 o'Clock the next Morning; that he told her, he saw a Coachman and a Serjeant quarrelling against the Cellar-door. That he only said, It was not fair to draw upon a naked Man, upon which the Prisoner said, - G - d d - mn you, - you shall have it, and stabbed him. That he died at the Watch-house on Thursday following; that she attended him to his Death; found him sensible to the last, and that he did not vary in the Account to his last Minute.
Richard Hopkins (the Coachman). I was coming out of this Cellar that Morning, between One and Two, and the Prisoner and another Serjeant came out likewise. The Prisoner's Comrade stood to make Water, at the Cellar-Head. As I passed them, I cursed my Fortune, that I had got
The Widow. My Husband had taken no Stick out with him.
John Sharp (another Coachman) said, - He saw a naked Sword in the Prisoner's Hand, while a little Man and a tall Man (between One and Two in the Morning) were disputing with him. That there was likewise a Gentleman present, who had a Stick in his Hand, and who got behind a Post and struck at the Sword with it. That the two Soldiers, upon this, went down into the Cellar, and the little Man threw a Handful of Dirt and Oyster Shells after them.
Robert Price , the Deceased's Brother, deposed, that the next Morning he went to the Watchhouse to see his Brother. That the Prisoner came and looked at the Deceased, and said, - nothing vexed him, but the Scoundrels dragging him along like a Thief. That the Surgeon came about ten o'Clock to dress him, and at that Time the Prisoner cry'd, - I did stick him! I did stick him! But you gave the Affront. To which the Deceased reply'd, - I only said, 'twas a Shame to draw upon a naked Man; I went up into a Corner away from you, but you followed me and stabbed me. This, he said, was spoke before the Prisoner, who answered not a Word, and when he was before the Justice he owned again, that he had stabbed him, and said, - Sure I am sorry. And the Deceased continued making the same Declaration to his Death.
Henry Holdip (Surgeon) was sent for to the Deceased between Two and Three in the Morning, Oct. 16. and found a Wound, which had penetrated into the Cavity of the Belly, and the second of the small Guts was wounded. He said that a great Quantity of Blood was contained in the Cavity of the Belly, and the Guts inclined to a Mortification. That he believed he did say he received the Hurt from a Soldier; and that the Wound was the Cause of his Death.
This Witness went down into the Night-Cellar to drink; the Deceased came down after him, with his Cloaths unbuttoned, and shrieking. The Prisoner and his Comrade followed him, and the Deceased said to the Prisoner, - Lord, what have you done! The Prisoner said, - have I stabbed you? Yes, says the Deceased, and shewed the Wound; a Spot of Blood was upon his Shirt and something white hung out of his Belly. He added that one of the Men he saw quarreling was a little Man, and that the Deceased was a little Man.
Defence. John Duckworth gave an Account, that he and the Prisoner, and Serjeant Brown, had been drinking that Night, 'till between One and Two o'Clock, in this Cellar. That he went out first, the other two following him, and missing the Prisoner, he went back to the Cellar Door, and found him speaking to Dorothy Willmot , and treating her with a Pint of Two-penny. That he then went from them seven or eight Yards to make Water, and a Man came up and d - mn'd, and said, he had been out all Night, and had got no Money. That he told the Man, he had been out too all Night, and had spent his Money. That upon this, the Man d - mn'd him again, and said, - He was one of K - G - s bad Bargains, and he had licked one of his Bull-Dogs, a Night or two ago, who was as big as himself (Meaning the Witness.) That he jostled up to him, tho' he told him he had no Inclination to quarrel, and the Prisoner hearing the Matter, came up, and asked him why he abused his Friend. That they both had him be gone, but he jostled between them, knocked the Prisoner down with his Fist, and then fell upon him; that he took off the Man, and while he was doing it, received several Blows from Stones or Oyster Shells. That by the Fall, the Prisoner's Hat flew off, and his Sword fell half- way out of his Belt, which the Witness took hold of, but the Prisoner drew it, Scabbard and all, through his
Marget Holder gave an Account that the Deceased had been two or three times that Night at her Cellar, he had been very troublesome, and that she believed he was in Liquor.
John Long depos'd, That about three Weeks ago he heard Sharp (the former Evidence) say he saw a Sword drawn, and a Man with a Stick offering to strike, but he could not tell who held the Sword, nor who the Stick.
Mr. Hilder depos'd, That when he was with the Deceased and the Prisoner, the Deceased said the Sword was drawn; the Prisoner said it was not; and when he was ask'd concerning the Stabbing of the Deceased, he neither own'd it, - nor denied it.
Serjeant Phillips gave an Account of his having seen both the Prisoner and the Deceased in the Watch-House; that the Prisoner said the Accident happen'd by his engaging in a Quarrel, and he did not know the Chape of his Sword was off; that the Deceased's Wife was present, and said her Husband was at home at Twelve, but upon a Quarrel he went out again; and when a Man in the Watch-House told the Prisoner he might be let out; he said, - no, - if I have wounded the Man, 'twas innocently, and I'll do no such thing.
Upon a Question from the Jury, the Surgeon gave his Opinion that the Wound might be made with the Sword as it was produced in Court (without the Chape.)
42. John Dickenson , of St. Sepulchre's , was indicted for that he, on the 28th of September , in and upon Thomas Tribe did make and Assault, and with a certain Penknife, val. 1 d. which the said Dickenson held in his Right Hand, in and upon the Inside of the Left Wrist of him the said Tribe, did strike and thrust, giving him a mortal Wound, of the Length of four Inches, and of the Depth of half an Inch, of which he languished from the said 28th of September, to the 24th of November, and then dy'd.
He was a second time indicted on the Coroner's Inquest, for feloniously slaying the said Tribe.
It appear'd the Prisoner and the Deceased had been drinking, and playing at Cards at the Coach and Horses in Black-and White Court in the Old-Baily , till Two o'Clock in the Morning; that they both lay in the House that Night, and the Prisoner went to Bed first, put out his Candle, and fasten'd his Door with an old Curtain Rod; after which the Deceased, and one Orme, went up to Bed in another Room on the same Floor; and the Deceased resolving to get into the Prisoner's Chamber, and tie his Toes together, for a little Fun, (as he declared before he went up) he left his Candle on the Outside of the Door, and went (in the Dark) to the Prisoner's Bed, who was heard to say, Tom, be quiet, and afterwards, By G- d, Tom, I have done for you; that the Deceased cry'd out, Lord have Mercy upon me, I am a dead Man! the Irishman (the Prisoner) has kill'd me! the Blood flowing from the Wound in a surprizing Manner. Mr. Snoud (the Surgeon) being call'd, the Bleeding was stopp'd, and after the Deceased had kept his Bed about three Days, he seem'd to recover, and at Length the Wound was cur'd; but the Effusion of Blood had occasioned a Weakness of Body. It appear'd that under this Indisposition the Deceased had play'd at Skettles, and that three Weeks after the Accident, he walk'd to Richmond Park, where he sat a great while to see the Nobility hunt in the Park; after which he walk'd some Part of the Way home, and came the rest by Water. It likewise appeared that he had taken Cold; which was follow'd by a violent Fever, of which he died.
The Jury found him Guilty of Manslaughter .
Priscilla Hilliard was indicted for stealing a Pair of small Leather Shoes, val. 2 s. the Goods of Samuel Hall , Dec. 6 . Guilty .
44. Mary Gough , of St. George's, Hanver-square , was indicted for stealing three Gold Rings, val. 15 s. twelve Silver Medals (Jernegan's) val. 12 s. a Silk Gown, val. 12 s. the Goods of John Trevor , Esq ; Oct. 9 . Guilty .
45. Joseph Sheppard was indicted for stealing a Silver Watch and Gold Seal, val. 8 l. 8 s. the Goods of Joseph Plastow ; a Silver Watch, val. 3 l. 10 s. the Goods of Mary Smith , Widow; a Silver Watch, val. 2 l. the Goods of Henry Cookson ; a Gold Seal, val. 9s. and a Gold Chain, val. 9 s. the Goods of James Birdsell , Nov. 15 . Acquitted .
46. 47. William Cockran and Joseph Bradley were indicted for breaking and entering the Dwelling-House of Henry Burdin , about Ten at Night, and stealing a Pair of Linnen Sheets, val. 5 s. two Blankets, val. 2s. a Woollen Rug, val. 12 d. a a Cloth Cloak, val. 8 s. the Goods of Henry Burdin , and several other Things the Property of Jane Shelley , in the said Dwelling-House , Nov. 24 . Both Acquitted of the Burglary; Guilty of the Felony .
54. John Roberts , alias Davis , was indicted for stealing four Common-Prayer Books, and three Psalm Books, the Goods of Thomas Hughes , and a Bible , the Goods of James Smith , in the Parish of St. Edmund the King , Nov. 10 . Guilty .
55. 56. John Wilkinson and William Elton were indicted for stealing three Guineas, and 6 s. the Property of William Waters , in his Dwelling-House , Nov. 15 . Wilkinson Guilty 4 s. 10 d. Elton Acquitted .
57. Elizabeth Moody, alias Mooden , was indicted for stealing an Apron, val. 2 s. the Goods of Elizabeth Brown ; a Pair of Stockings, the Goods of John Salt ; an Apron, the Goods of William Harding ; and other Linnen, the Property of Catherine Danby , Octob. 2 . Guilty 10 d.
61. 62. 63. 64. 65. 66. 67. John Conyers , Elizabeth Perry , Luke Spencer , John Blacket , William Norman , Elizabeth Holman , and Job Watts , were Acquitted of their several Indictments ; and the Court express'd their Sense of Mr. Watt's Innocence.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 4.
BURNT in the HAND, 4.
John Lacey , John Riley , John Roberts , alias Davis, William Moore , Francis Turner , Thomas Hutton , Mary Gough , Steven Bright , Henry Hooper , Richard Smith , Samuel How , William Cockran , Joseph Bradley , James Stiles , James Winstanly , James Packer , Robert Mountfield , Elizabeth Letts , George Foukes , John Glass , Joseph Hall , Samuel Elliot , Lancelot Wybald , Mary Hall , Elizabeth Mooden , James Fox , Ann Grouden , Rebecca Seveive , Sarah James , Jane Hallis , Walter Hazard , Mary Seymour , James Gush , William Dicky , alias Deck, John Wilkinson .