In the 12th Year of His MAJESTY'S Reign.
Fifth SESSIONS in the MAYORALTY
Right Honourable Micajah Perry, Esquire,
LORD-MAYOR of the CITY of LONDON.
Printed and Sold by T. COOPER, at the Globe in Pater-noster Row. MDCCXXXIX.
BEFORE the Right Honourable MICAJAH PERRY , Esq; Lord-Mayor of the City of London; Mr. Justice PROBYN, Mr. Baron THOMSON , Mr. Justice FORTESCUE, Mr. Serjeant URLIN, Deputy Recorder of the City of London, and others of 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 Vaughan . I have seen the Prisoner bring Lamps into my Room, in Lambeth-Rents, in Petticoat-Lane. About five Weeks ago, I saw him bring a Globe Lamp in his Apron into the Room, about two o'Clock in the Morning: I can't remember the Day of the Month, but 'twas the Day the Charity-Children walked to Christ-Church. I saw him pull it out of his Apron and set it down on the Dresser: Then He, and William Greenaway's Brother, called up Greenaway out of his Bed, and asked him, if he would go out with them to get more, and they all went out again on that Design. The Prisoner had formerly lodged in the House, but had left his Lodging there, some Time before the Fact was committed.
Zaccheus Bourn . About seven Weeks ago we lost seven Lamps out of our Ward, and upon Enquiry after them, I heard that some disorderly Persons had a Lodging in a little Alley, in Petticoat-Lane. On the 15th of May I went to this Room, having been directed to it by a Watch-man, and found five or six Fellows playing at Cards, but there was neither Chair, Table, nor Stool in it. William Greenaway told me he belonged to the Room, and upon looking about, I saw a Heap of Rags, under which, I found six Rims of Lamps. Greenaway told me they belong'd to him, that he was a Lamp-Lighter, and lit Lamps in Thames-street. I told him we had lost several Lamps, and that I must take him into Custody. I seized him accordingly, and he was committed to Bridewell as a Disorderly Person, because the Tin Man could not swear to the Rims. The next Morning I went again to the same Room, and took Vaughan, the Evidence. As I brought him down Stairs, he told me he had a Favour to beg of me; which was, that I would intercede for him, that he might be made an Evidence.
Prisoner. I was coming along, and saw two or three Fellows upon some Lamp Posts, and they asked me to take down one or two for them; I was in Liquor, and took one down, which I
Mr. Warren. In August last my Mare was at Grass, in the Parish of Stapleton , about four Miles beyond Bristol : She was a genteel Mare, between a Nutmeg and an Iron Grey. The Farmer under whose Care she had been for about a Month before, sent me Word that she was missing the 2d of August, upon which I advertised her, but had no Information of her in several Months: But at last one Mr. Jakes, who lives at Leeds in Yorkshire, (and who had formerly been the Owner of her) wrote me Word that he had seen my Mare at Mr. Stokes's, at the Flying-Horse without Bishopsgate; upon which I came up to London, and went to Mr. Stokes, who told me he had bought such a Mare of an Old Man he knew but very little of, and that she was then at Grass. I then sent one Robert Davis , to see the Mare: He inform'd me she was mine, and she was brought to Mr. Stokes's: I knew her, and demanded her, and got a Warrant to take up Stokes; but he produced the Prisoner, and said, he was the Man who sold him the Mare. I know nothing at all of the Prisoner
Geo Stokes . I live at the Flying Horse without Bishopsgate, and keep Livery Stables there. About the Middle of September last I was at Wandsworth; and there I saw the Prisoner, who told me he had a pretty Mare to sell. I went into a Stable, and when I had seen her, I ask'd him what she was worth? He ask'd me 11 l. and I bid him 7 l. or seven Guineas, but he not being inclinable to take my Money, I came home. In about a Week's Time he brought her to my Stables, and set her at Livery, desiring me to help him to a Customer for her if I could, and telling me she was his Property: But one Morning when he came to see her, I told him, I would buy her myself, if we could agree upon Price, and in Talking I bid him 8 l. and at last eight Guineas, which he took for her; this was about the 29th of September last. The Mare for which I paid this Money to the Prisoner, is the same that Mr. Warren afterwards own'd. I did not ask the Prisoner how he came by her, for when I saw him at Wandsworth, I found he was an Acquaintance of my Brother-in-Law's there, and upon that Account I had no Suspicion of him. I had had her about a Fortnight, before Mr. Warren came to enquire after her, and had put her to Grass at Plastow, for she was very poor when I bought her. I believe I told Mr. Warren at first, who I bought her of, and about two Days after he had claim'd her, the Prisoner come into my Yard, and I took him.
Robert Davis . I was Mr. Warren's Servant, and came to live with him last Christmas was Twelve-Months. I know my Master had this Mare one Quarter of a Year in the Time I liv'd with him. I found her in a Field at Plastow, at Grass: Mr. Stokes came to me at Plastow, and I told him the Mare was Mr. Warren's: Upon which we both return'd to his Stables, and the Mare was deliver'd to me.
Prisoner. I was going along Thames Street one Day in August, and met one John Pritchard , who lives in Southwark; I had been acquainted with the Man this seven or eight Years at Times, and he ask'd me to buy this Mare, which he was then leading in the Street; I told him, she was very poor, and I did not know what to do with her. He said he had work'd her very hard, and as he was going over to Holland, and wanted Money, I should have her for eight Guineas: I told him 'twas too much Money for her, for she was very poor, and a little lame; but at last we went to the Black Bull Alehouse, and there he agreed I should have her for six Guineas. I paid him the Money in the Alehouse, and took a Receipt for it before two or three People, and spent a Shilling in the House. I drive a Cart at Queen-Hithe, and have work'd there twenty Years. At that Time I wanted a Horse for my own Use; for I buy and sell Corn, and serve a great many Gentlemen's Servants with Corn. When I sold Mr. Stokes this Mare, I told him I bought her of a Man who deals to Holland, and when she was claim'd, I surrender'd myself to him, without any Warrant, and sent to enquire after the
Hugh Catterel . About August last I and John Stubbs were drinking at the Black Bull, and the Prisoner came in with one whom he called Pritchard, the Mare was left at the Door, and they desired me to go out and look at her, which I did, and saw she was an Iron-grey Mare, very poor in Flesh: The Bargain was made before they came in, but I saw the Prisoner pay the other Man 6 l. 7 s. one Shilling of which was spent, and we witness'd the Receipt which the Prisoner took for the Money. I never saw either of the Men before that Time in my Life, but I was desired to go and look at the Mare, and to witness the Receipt. This is the Receipt, and this is my Name, - Hugh Catterel . The Receipt was read.
August 29. 1738. Received of Thomas Hill, the Sum of Six Pounds Seven Shillings, in full for a Mare, and all Demands,
Catterel. I never had seen the Prisoner before, nor been in his Company; nor have I ever seen him since, till he sent for me upon this Affair. I told him, when I witness'd the Receipt, that I liv'd at the Golden Lion in Russel street, Covent-Garden.
John Stubbs confirm'd Catterel's Testimony.
330. Margaret Bell was indicted for stealing a Mahogony Tea-chest, val. 18 d. three Walnut-tree Canisters , val. 6 d. and 1 Oz. of Green Tea, val. 9 d. the Goods of Magdalen Fountain , May 22 . Guilty, 10 d .
331, 332. James Caldclough and Joseph Morris were indicted for assaulting Josiah Swafford and George Banks on the King's Highway, putting them in Fear, &c. and taking from the said Swafford a Hat, val. 2 s. two Guineas and 5 s. in Money; and from the said Banks five Guineas and 13 s. in Money , Apr. 9 .
Mr. Swafford . On the 9th of April, between Night and Nine in the Evening, I was going from Knightbridge to Kensington , and about 100 Yards beyond the Half-way House, three Men came up to me, dress'd in Soldiers Cloaths; (two of them I am certain had Soldiers Cloaths on) their Swords were drawn, and, without speaking a Word, they fell to cutting me, and never left cutting me, till they had brought me to the Ground; they gave me all these Wounds [in my Face] and there are many more upon my Head. [The Prosecutor shew'd the Places where he had been wounded] I had 24 Guineas in this Pocket, so I clapp'd my Hand into it, while one of the Men thrust his Hand into the other Pocket, out of which he took two Half-crowns, and some Half-pence, and then said, - I have got it! Then they went a little Way from me, and one of them came back immediately, and put his Hand into this Pocket where the Gold was, and took out two Guineas, leaving me 22 behind: I believe, when I put my bloody Hand into my Pocket, I might raise them up from the rest, and, perhaps, as I lay upon the Ground; they might see them. When they had done this, they left me, and I saw no more of them. At that Time, when they cut me down, I was alone, and lay upon the Ground, till the Hostler at the Crown at Kensington took me up and carry'd me to a House. How long I lay on the Ground I can't tell, but I believe it was not long before I was taken to the Dolphin, at the Gore in Kensington. After the Hostler had found me, several other Friends came up, and among them Mr. Banks, who was robbed the same Night. I told the People at the Gore that I had been robb'd by three Soldiers, and what I had lost; but I cannot take upon me to say the Prisoners are the Men, for they cut me so fast, and the Blood flew about me in such a Manner, that I could not take Notice of them, so as to remember their Faces; I saw three other Men before these Men were charged, but I could say nothing to them, nor can I swear to these.
Coldlough. Had the Soldiers who robb'd you their Accountrements on and their Spatterdashes?
Mr. Swafford. I can say nothing to that; they gave me no Time to observe any thing, but came upon me without saying a Word, and fell upon me with their drawn Swords, till I dropt to the Ground.
Geo. Banks. I live next Door to Mr. Swafford; he is a Carpenter at Hammersmith, and he was robb'd the 9th of April, between Knightsbridge and Kensington. I had been with him to London, and we were returning home between Eight and Nine that Night: When we came to the Half-way House, I stopp'd to make Water, and Mr. Swafford walk'd on, and was got some Distance before me. As I went after him, I saw three Men cutting another Man, but I did not know it was Mr. Swafford, so I endeavour'd to pass by them, and as I was striving to get past them, the
Cald lugh. Was it light, or dark?
Banks. Very Moonlight: The Evening was just closing. I had got five or six Yards from them, when Caldclough came up to me: I asked him what he wanted? And immediately the two others who were robbing Mr. Swafford, left him, and came up to me. I endeavoured to get away from them, but Caldclough followed me, with his drawn Sword, and cut my Hat off my Head, which he himself took up directly. After Caldclough had seized me by the Collar, another of them came up, and they both thrust their Hands into my Pockets, and took out five Guineas and about 13 or 14 Shillings in Silver, and three Silver Pennies. When they had done with me, I made off towards Kensington, and they went back - towards Mr. Swafford, who was about five or six Yards distant from the Place where I was attack'd. As I went homewards, I met a Friend, and asked him if he had seen Mr Swafford? He told me, be came directly from Kensington, and had seen no body. I told him I had been robb'd, and if he had not met him, I fear'd he was murder'd; and upon going back to see for him, we found him wallowing in his Blood, and very much cut, and his Nose hanging into his Mouth: We got Help, and carry'd him to the Dolphin at the Gore, and I went for a Surgeon. After we had seen proper Care taken of him, I went up to the Court, and desired Madam Keen, (Mr. Loman's Daughter) to get the Roll called over, and upon calling over the Roll, three Soldiers were missing from the Guard, but the two Prisoners were then upon Duty. After the Roll had been called over, I went home; and in the Morning I was sent to, and was informed that the three Men who were missing over Night, were then returned, and I went to see them, but could not swear to any of them; however, they were carry'd before Justice Hinson, and not giving a satisfactory Account where they had been, he committed them to Newgate, but they have since been bailed out. Three Weeks after this, I met one James, a Bricklayer, in the Strand, and he told me he believed the right Men were taken; upon which I went with him to the Savoy, and saw Caldclough first: He was then in Custody, and I asked him if he knew me? He said, - No. I told him he had seen me once too often, for he was the Man that had robbed me: He then desired me to do him no Hurt; and I told him I would hurt him no farther than was consistent with Justice. Then I went to look at the Evidence, he lay on a Couch, but I could not swear to him; nor could I charge the other Prisoner when I saw him. I asked the Evidence (in the Savoy) if he knew me? He said, No, but I was very like the Man that he robb'd; and, if I was the same Person, I had then on a new Pair of Buck-skin Breeches, and that among the Money he took from me there were two Silver Pennies. There were three among the Money I was robb'd of, but one of them we found next Morning on the Ground, in Mr. Swafford's Blood. He told me farther, that he took two Guineas, and about nineteen Shillings in Silver from us both, beside the two Silver Pennies; but I lost five Guineas, which another Man took out of my Pocket; for there were two Men took Money out of my Pockets. He added, that Caldclough and Morris were the Men who were concerned with him in these Robberies; but Morris told some Persons who were present, that he was innocent.
Caldclough. Had we our Spatterdashes and Accoutrements on?
Banks. I think they all had Soldiers Cloaths on, and I believe they had Spatterdashes over their Stockings. I was 'frighted at the Time, - but I believe it was so.
Caldclough Was it I or the other, that put the Hand into your Pocket?
Banks. There were two Men who put their Hands into my Pockets, I had five Guineas in my Right-Hand Pocket, and I am sure the Prisoner Caldclough's Hand was in one of my Pockets, but who the other Man was, I can't tell.
William Robinson . There were only Morris, Caldclough, and I, concerned in this Robbery. I am a Soldier , and we all belonged to Colonel Foliard 's Company. I remember it was the 9th of April, about half an Hour after Eight o'Clock. We had been drinking that Night at the Suttling House at St. James's, and talked about going to the Gore, and robbing the first Person we should meet. Accordingly we went thro' the Middle-Park, and along Kensington-Road 'till we came past the Half-way House. Then we looked back, and saw
Q. Did you meet Mr. Swafford and Mr. Banks together? Or, were they at any Distance asunder?
Robinson. We met them together, and Caldclough without saying any thing to Swafford, fell on him with his Sword. Morris's Sword was likewise drawn, and he held it to Mr. Banks's Breast. Mr. Swafford was about two or three Yards from Mr. Banks, when Caldclough fell upon him (Swafford) with his Sword, and gave him a great many Cuts. Morris held his Sword to Banks's Breast, while I took the Money out of his Pocket. I had not a Sword with me, and was dressed in this Frock that I have on now; but they both had their Soldiers Cloaths on. From Mr. Banks I took about 19 s. and two Silver Pennies; I can't tell whether They took any more from him or not. From Mr. Swafford I took two Guineas in Gold, but not any Silver at all.
Q. Did either of the other Persons take any Thing from Mr. Swafford?
Robinson. I don't know: I can't say I observ'd that. After this we went directly over the Hedges into the Fields, towards Chelsea, and when we got to Chelsea Horse-Ferry, we helped the Ferry Man to pull up the Drag. [the Ferry-Boat] and we crossed the Water to Lambeth, and under the Archbishop's Wall, we divided the Money, and I had a Guinea for my Share. This was what I had for my Part of what I had taken, for they did not tell me they had taken any more. From Lambeth we came to Stangate, and there we crossed the Water again; then we parted, and I went home. Some time after this Robbery, I was drinking in Dutchy-Lane, with one Richard Stephenson , and he disclosed that I had asked him to go with me on the Highway: This occasioned my being taken up, and then I discover'd this Robbery; but Caldclough was taken up before I was in Custody, though I cannot tell how he came to be taken.
Caldclough. Had we our Spatterdashes and Accoutrements on?
Robinson. No, they had not; nor their Accoutrements - [Their Leather Belts and Pouches.]
Caldclough. Then there is a Contradiction; Mr. Banks said he lost 13 or 14 Shillings, and the Evidence says he took nineteen; he said they all had Soldiers Cloaths and Spatterdashes.
William Harris . On the 7th of April at Night, within a Quarter of Nine, I was going from London towards Kensington, and about a hundred Yards on the other Side the Half-way-House, I was stopped by three Soldiers, and saw them cut Mr. Swafford in a very barbarous Manner; I was about a hundred Yards behind him, and to the best of my Knowledge, the three Men who attacked him, were all in Soldiers Cloaths. Two of them had Spatterdashes on, but I can't be positive whether the third had Spatterdashes on, or not. I saw two of them with drawn Swords cutting him down, and saw him fall with the Blows. I never saw Mr. Swafford before in my Life, and thought it had been a Quarrel, so I pushed up immediately, and saw two of them upon him, (Swafford) and the third Man ran directly to Banks, after which, one of them came up to me. Mr. Swafford was about ten or twelve Feet distant from Mr. Banks, at the Time when Banks was robbed. I can't swear to either of the Prisoners, but if either of the Prisoners were concern'd, then I take it, That James Caldclough was the Man who stopped me with his drawn Sword, and demanded my Money, which I had in my Hand to give him, but as I had an Opportunity to push off, I got from them and lost nothing. I did not go forwards, but went back to the Half-way House, where I got a Stick, and returned to the Place, thinking to take the Men, but they were gone, and Swafford was lying upon the Ground; I thought he had been dead. I can't swear to either of the Prisoners, but I believe Caldclough is the Man who stopped me.
Caldclough. I ask this Witness, whether he did not charge one Ringal before Mr. Deveil, as the Man who stopped him?
Harris. He is a Soldier; one of the three who were missing when the Roll was called over. I believed him to be the Man, and took him up on Suspicion. I cannot swear Point-blank to any Man.
Thomas Smith . I work at the Ferry at Chelsea. On the 9th of April, about a Quarter past Nine at Night, three Soldiers came down to the Ferry, and wanted to go over the Water. I desired them to lend a Hand, and help me to pull up the Drag; they did so, and got in. Then they bid me pull away, pull away, - make Haste over; this they said, all the Way they went. I landed them at Battersea-Ferry, and
Zephton Kitchen . I apprehended the Prisoners on the 10th of May, on this Occasion. A Soldier in the Company told me, the Prisoners had sold a Piece of melted Gold in Foster-Lane for 47 s. and the Person they offer'd it too, refus'd to let them have the Money for it, till one of the Serjeants in the Company came with them. This gave me some Suspicion of them, which was increas'd by Richard Stevenson's telling me, that Robinson had perswaded him to go out with him on the Highway; and that he did go with him as far as Whitechappel, where Robinson bid him slouch his Hat, and told him they would go into the Fields and stop the first Man they should meet. Stevenson said he did go with him into the Fields, but watching an Opportunity, he ran from him, and got away. On the 10th of May, when our Company was waiting to mount Guard, Stevenson told my Brother Serjeant this Story. I thought it was proper the Affair should be enquired into, so I went to Somerset house Guard, and apprehended Caldlough that Evening; for when Stevenson told me this concerning Robinson, he said, that Morris, Caldclough and Robinson, had all been concern'd together. When I had seiz'd Caldclough, and was carrying him to the Savoy, I talk'd to him about these Robberies; he deny'd them all, but desired he might speak with Robinson the Evidence, which I refus'd; and when I had confin'd him, I went to Robinson's Quarters, in Dutchy-Lane, and the Surgeon of the Regiment coming in, I desired him to search Robinson's Body, for he had not been able to perform Exercise, on Account of his Arms being bruised; he was view'd by the Surgeon, but the Bruises were almost worn out; however, I seiz'd him, in order to carry him to the Savoy, and advised him to confess and save himself. He said if I would carry him to Morris in Holborn, he would tell me all the Affair; I consented, and before we got half Way to Holborn, he said he wish'd he could save Morris, for he was an honest Fellow; I bid him save himself, and tax'd him with this Kensington Robbery, among others: He confess'd it, and told me, Morris and Caldclough were both concern'd with him in it. Upon this I turn'd back, and carry'd him directly to the Savoy: Then I went to Morris's Lodgings in Fuller's Rents in Holborn, and apprehended him. As I was going with him to the Savoy, I told him, Robinson had discover'd the Persons concern'd in the Robbery; upon which he told me, 'twas in my Power to do him some Service, and desired I would carry him before Mr. Deveil; but I told him it would be to no Purpose, for Robinson had made the Discovery first, and was to be admitted an Evidence.
Kitchen. I believe he first ask'd me to carry him before Mr. Deveil, and afterwards said, - Let me go before my own Colonel; I believe his Intent before either of them was to have made a Discovery.
Richard Stevenson . On the Monday Night the Robbery was committed, I saw the two Prisoners, and the Evidence Robinson, drinking in St. James's Suttling-house about Seven o'Clock; I left them there, and had no Discourse with them about committing this, or any other Robbery. Robinson has talk'd to me about going to rob with him, and I told Serjeant Aspinal of it: He [ Robinson ] and I were drinking three or four Pots of Two-penny one Day with a Girl, and he asked me to take a Walk with him; I consented, and he asked me if I wanted Money, giving me at the same time two Half-crowns. As we went along, we drank another Pot of Two-penny, and he bid me either pay for it, or give him his Money again; so I threw him down his two Half-crowns, and then we walked to Whitechappel; where he asked me, if I was Man sufficient enough to rob, and to stand by him, if we should meet with any who might resist. I did go a little Way with him, and then gave him the Slip, and came home to my Quarters. Afterwards I told Serjeant Aspinal of it, and he was taken up.
Jonathan Pye . I was the Corporal that kept; the Roll. On the 9th of April the two Prisoners were upon Guard at St. James's, and I saw them with the Evidence in the Suttling-house at Eight o'Clock at Night. I was upon Guard all Night, and did not see them any more, till between Eleven and Twelve, at which Time they return'd to their Duty. The Royal Family went to the Play that Night, and the Guard turn'd out on that Occasion: Several Men were absent, among whom were the Prisoners, and I return'd them
Caldclough had no Witnesses in his Behalf. For Morris, one Ashforth appear'd, who keeps an Alehouse at the Rising Sun in Tottenham Court Road: He gave an Account that Morris had liv'd some Time with him, and he afterwards put him out Apprentice to Mr. Joseph Edmonston , a Sadler, in Holborn: That he serv'd out his Time, and work'd Journey-work for three Years since, and always behav'd well, till he was drawn away by some of these Soldiers: That he inlisted three Years ago on Account of a Woman, and at the Time he inlisted he was sent out to receive a Bill for his Master, and after he had inlisted, he brought him every Farthing of the Money.
Candy. I was going home between One and Two in the Morning, in the Month of May, the 9th Day of the Month. - I live in a Habitation in Flying-Horse Court , - just by the Waxwork Shop, between Chancery Lane and St. Dunstun's Church; and I had not got up above two Thirds of the Passage, before I found my Hat go off my Head: I made a Back-blow with my Stick, but I miss'd my Man, (else he would have felt me) and I turn'd myself round at the same Time, and saw the Prisoner run over the Way; I ran after him, and he got Ground of me, but he dropp'd my Hat, and this honest Chairman stopp'd him as he ran between the Poles of the Chairs. When I came up to him, he said, - I'faith I have name of your Hat No, says I, - but, I will carry you to the Place where you dropp'd it. That's the Man at the Bar, - for I never saw the Face of him till the Chairman took hold of his Wrist, and turn'd him about; then we carry'd him to the Watch-house, and asked him where he lodged? He told us in Rosemary-Lane. I asked him where he was going at that Time o'Night? He said, - to see a Friend at St. James's: I reply'd, - He was likely to have more Halberds than Links to attend him. - All the whole Thing was done in three Minutes.
Prisoner. I ask him, whether he had any Debate with any other Person, before he came out of the Alley?
Candy. I was not in the Court, - but in the Passage; and I saw no one Soul living, till finding my Hat go off, I struck at him by Guess, and if I had hit him, he would not have been here, for I should have pay'd him heartily, and so have dismis'd him.
Islmael Causter . I was standing at the Temple Exchange Coffeehouse with my Chair, and hearing Candy cry, - Stop Thief, and seeing the Prisoner run, I clapp'd hold of his Wrist, and Candy said, - Let's lead him back, for he has dropp'd my Hat; I carry'd him five, six or seven Yards back, and found the Hat in the Kennel: Then I carry'd the Prisoner and the Hat to the Watch-house, and deliver'd the Hat to the Constable, or the Watchman, I don't know which, I am sure the Prisoner is the Man I took; for I had the Watchman's Lanthorn, and my own, to see him by, - and I was with him at the Watch-house.
Prisoner. Please to ask him, whether the Prosecutor was drunk or sober?
Couster. I can't say for that I was at Charing-Cross a little while before, and saw him ( Candy ) at the Fountain Tavern, and he was talking about having a Chair, and my Partner said, - Candy don't want a Chair, and in about half an Hour afterwards he came homewards. He said no more that Night, than he said in the Morning, nor was he so disorder'd, as to be incaple of knowing what he did.
Prisoner. Did not the Deputy-Constable tell him he was a drunken, troublesome Fellow?
Causter. There was a Dispute in the Watch-house, and a great many People crowded about, so that I could not tell positively what the Constable said.
Jury. Who is your Deputy-Constable?
Lewis. We have no Deputy-Constable: One of our Watchmen is a Staff-man in the Parish; his Name is Glover.
Jury, to Candy. What is your Business?
Candy. I am a Porter at Temple-Bar, and have ply'd there these fifty Years. Here's a Gentleman in Court has known me a great many Years; I have received some Thousands of Pounds at his House.
The Gentleman. I have known him 25 Years: He is a Porter at Temple-Bar, and is employ'd by Gentlemen belonging to the Temple: I never heard any Thing amiss of him, nor of his being a drunken Fellow; with regard to that, I believe he is like other Porters. * Guilty, 10 d .
* As this was laid for privately stealing from the Person, had the Jury found the Value to have been above 1 s. it had been a Capital Offence.
William Row. On the 12th of May, I ty'd a grey Horse to a Post at the Bottom of Pudding-Lane, in Thames-street , while I went to Mr. Demiller's, an Oyl-Shop at the Corner of St. Magnus Church, to ease myself. I was gone about eight or ten Minutes: When I came back my Horse was gone, and I was ill, and unable to run about to see for him. I thought the Carmen might have play'd the Rogue with him, but a Woman told me, she saw a Boy get upon him and ride him away; and I never saw the Horse again 'till I saw him in the Green-Yard, which was about six Hours after I lost him. The Green-Yard is a Pound, belonging to the City; I am sure the Horse I found there, was the same I lost: I bought it of Mr. Thompson in White-Chappel.
Michael Kitchen . I was going along Shoe-Lane with my Fish, and saw a Man lay hold of the Horse, (the Prisoner being upon it) and somebody said, he believed the Horse was stole. I said, I made no Doubt but it was stole; for the Prisoner had been try'd for stealing Horses: So I took the Prisoner and brought him through Newgate, towards the Compter. As I came along, a Man told me he knew who the Horse belonged to. I bid him fetch the Man, and he brought the Prosecutor, who own'd it directly. When I took the Prisoner, he told me a Man gave him the Horse to carry to the Royal Exchange.
Prisoner. I asked the Prosecutor to let me ride, and he gave me Leave, so I rode to TempleBar, an they took me, and put me in the Compter.
John Nettlefold , Constable In Cheapside, at the Top of Wood street Kitchen gave me Charge of the Prisoner, on Suspicion of stealing the Horse: So I put the Prisoner in the Compter, and sent the Horse to the Green-Yard, to be pounded. About an Hour afterwards Mr. Row came and owned it. It was the same Horse that I took with the Boy on his Back.
Ann Simons . I keep a Victualling House in the Minories. The Owner of the Horse (William Row) is an Acquaintance of mine, and I know his Horse. A young Lad, and an old mean-looking Man with him, brought the Horse to my Door, and having fastened him there, they came in, and called for six or eight Penn'orth of Veal. I having heard the Man (Row) say, he would never lend his Horse to the best Friend he had, - not even to his Wife, I asked them if Mr. Row was coming? I told them I was sure it was his Horse, and asked them if the Farmer was dead, because I knew he had been ill of an Asthma. By God, says the Boy, I bought the Horse at a Country Fair. I have a great many People come to my House, and am tender of swearing positively to the Prisoner, but there was an old mean looking Man with him, about fifty Years old, and he said, - damn it, - it was his own, and he bought it at such a Fair, but they both seemed to be surprized, and paid me nine Pence Half-penny, and went away. I knew the Horse, and gave him a Crust of Bread at the Door, as the Farmer used to do. This was (I think ) last Saturday was a Month. And about three Days ago the Farmer told me, he was to go to the Old Baily for Horse-stealing: I was surprized, and said, - What! you to go there for Horse-stealing, if you are, I will bail you, as far as a hundred Pounds; but at last I found he joked, and then I told him, I had seen his Horse with such Persons at the Door.
Prisoner. I was going down the Lane, whereMichael Kitchen charged the Constable with me, and said he knew me very well; so I was carry'd before my Lord-Mayor, and was sent here. I have Witnesses to call, - but they are not hereabout. Guilty , Death .
339, 340. William Maccollough , and Charlotte Jones , were indicted for stealing a Pair of Linnen Sheets, value 5 s. two Harateen Bed-Curtains, value 5 s. a Brass Candle-stick, val. 1 s. and a Pair of Bellows, val. 1 s. the Goods of William Pettit , in a Lodging let to the said Maccollough and Jones , June 3 .
Maccollough, Guilty ; Jones, Acquitted .
341. Sarah Meltshaw was indicted for stealing a Camblet Gown, value 2 s. a Quilted Petticoat, value 1 s. and a Pair of Womens Stuff-Damask Shoes, value 1 s. the Goods of Jeremiah Lucraw , May 2 . Guilty, 10 d .
343. Arthur Matthews , of St. James's Westminster , was indicted for feloniously stealing a Promissory Note, signed Arthur Matthews and dated January the 10th, 1738, value 5 l. 5 s. by which Note, the said Arthur promised to pay to James Lee , the said Sum of 5 l. 5 s. and was the Property of the said Lee: The said Sum of 5 l. 5 s. secured to be paid by the said Note, being unpaid and unsatisfied, Mar. 31 .
345, 346, 347. James Wint , and John Brown , were indicted for stealing a Deal-Box, val. 3 s. 20 Dozen of Lamb-Gloves, val. 16 l. 10 s. 13 Dozen of Kid-Skin ditto, value 13 l. 15 Pair of Stockings, value 2 l. 10 s. 10 Pair of Cotton Gloves, value 1 l. 1 Dozen of Thread Socks, val. 15 s. 18 Yards of Pink-Brocade, val. 4 l. 10 s. 24 Yards of Persian Silk, val. 6 l. 14 Yards and a half, and one Yard of Tabby, val. 3 l. 10 s. and other Things , the Goods of Charles Ashburn , April 28 . And,
Charles Ashburn . I am a Book-keeper to the Peterborough Waggon, at the Horse-shoe Inn, in Goswell-street . The Box of Goods was brought to me, on the 28th of April, it was taken in by my Servant, and was directed to Mrs. Barbara Jakeman , at Peterborough. The Goods were lost out of the Yard, and I paid 50 l. for them.
John Spencer . On the 28th of April, ('twas Saturday Night) between Nine and Ten, I took in the Box to go by the Peterborough Waggon on Monday Morning to Mrs. Barbara Jakeman , at Peterborough. Mr. Marriot's Man brought it in, and a Carman brought up a Truss of Goods, and put it under the Shed, and the Box was set upon the Truss. The Prisoner Wint brought up the Carman's Whip after him, and I thought he had belonged to him. In less than Half an Hour, the Box was taken away, but I can't say the Prisoner took it.
Wint. Ask him whether he's positive I am the Person that brought the Carman his Whip?
Wint. Did you ever see me before?
Wint. Then how can you be positive; you say it was between Nine and Ten o'Clock at Night?
Spencer. I had a Candle and Lanthorn, and saw more Men at the Door, but I cannot swear the Prisoner Brown was one of them.
Wint. Are you positive that I brought the Carman his Whip?
Spencer. I don't care to swear it positively.
James Akins . This John Brown, Jemmy Wint and I were in Moorfields, playing at Skittles, and from thence all went through Coleman street, and along the City, to see if any Chance offered. When we came to Aldersgate, we saw a Cart going through the Gate: Wint said, - here's a Chance, and he jumped up, and pulled the Box towards the Tail of the Cart, but at Long-Line End, the Carman turned about and put it farther in the Cart again We followed the Cart to the Horse-shoe Inn; then the Carman took the Box to carry up the Inn, and cry'd, - who will hold my Whip? Wint said, - I will. Then the Carman took a Truss and carry'd it and the Box up the Yard, and Wint followed with the Whip. In a little Time he came down the Yard again, and said, - 'twas hoddy enough; - we
Robert Staples , the Handsome Drawer. I am Servant at the Farthing Pye House, the Sign of the Maiden Head, a Publick House on Windmill Hill. I have seen them several Times together, but can't recollect the particular Days. I have often seen them together in Moorfields, and they have been several Times, since last Christmas at our House, and at other Ale-houses. I know nothing of their Characters, for I never conversed with them, nor do I know how they get their Bread. I have heard, that one of them is a Calender, and the other a Weaver.
Wint. Have you ever heard any Harm of me?
Staples. Harm! - I never saw any thing of Harm. - I have heard but an indifferent Character of them. - I can alledge nothing against them. - I have heard their Characters are but indifferent.
Akins. When we had got the Box, we carry'd it into the Fields, and there we broke it open, and took out the Goods. We carried them to my Room, and fetched Bullinbroke and Deal to buy them. We bargained for 7 l. 8 s. 6 d. She knows 'tis true, and that this was not the first Time she has been at our House, and she knew how we came by our Goods. I went to her that very Night about Eleven o'Clock, and she told me, she could not come to look at the Things that Night, but she lent me a Shilling, and she was at that Time a-bed with Deal. On Sunday Morning she came to see the Goods; we bargained, and she took the Silk away with her then, and gave us a Guinea in Part, out of a Green Purse. On Monday Morning they came and took more of them, and gave us another Guinea, and in the Afternoon they came and took all the rest away, and paid us the rest of the Money.
Bullinbroke. Did I, or Jemmy Deal, buy the Goods?
Akins. She made a Bargain for the Silk, and was to give four Guineas for it. Deal and she fetched away the Gloves in a Hand-Basket. The Woman knows me very well, her Husband, William Bullinbroke was hanged * a very little while ago. And Wint was an Evidence against Grafton Kirk and Terry Gerrard+.
* He was convicted last December Sessions. See his Trial, No. 16.
Wint. I have People to speak to my Character, ever since I was Guilty of that Fault.
Jonas Meredith . I come to speak for the young Man, - I can't think of his Name, - but I know him; my Brother marry'd his Mother, - I can't think of his Name, - he never wronged any body in the World.
Brown. That's my right Name.
Anderson. He is a Journey-man Weaver by Trade, and I have seen him at Work at his Father-in-Law's, - Joseph Meredith , in Angel-Alley; I believe I have seen him at Work, within these twelve Months. As to his general Character, I have heard but very little amiss of him. - He might be given to Drinking, or so, - I have not heard much against him.
Mr. Chamberlen. On the 23d of May, Brown was bought before me, and made a voluntary Information of ten or twelve Robberies, and put Akins into his Information. I had heard of this Robbery, in Goswell-street, and asked him if he was concerned in that. He said, - upon his Word he was not. I bid him conceal nothing, and told him, if I found he did, I would have nothing to say to him. Akins had put this Robbery into his Information, and so I would not stop him. If Brown had confessed this, I should have admitted him an Evidence against Akins.
Three Witnesses appeared for Brown. One always thought him to be honest and just: Another took him to be a sober Lad, but as to his Character
A Woman appear'd for Wint, and gave an Account that she had employ'd him in carrying Fruit, Greens, &c. for her to Spittlefields Market; that he did this Business for her about four Months, and then enter'd himself on Board a Man of War; that he came home about Christmas last, and since that Time had fetch'd Scores of Pounds for her.
Jury. Had Brown Part of the Money?
Akins. Yes. Out of the first Guinea we had 7 s. a-piece, and the Money was shar'd in the Room where we liv'd. The other Guinea was shar'd in the Street, at Whitechappel, and the rest we shar'd in the Afternoon. Brown had his Share of the whole. Wint, Guilty . Brown,* Acquitted . Bullinbroke, Guilty .
* Wint, before the Jury gave their Verdict, declared that Brown was innocent.
348. James Wint was [the next Day] indicted for stealing two Men's Velvet Morning Caps, val. 8 s. a Child's ditto, val. 5 s. two Velvet Hoods, val. 12 s. and twenty-six striped Linnen Handkerchiefs, val. 18 s. the Goods of John Malton , in his Dwelling-house , Apr. 5 .
Elizabeth Malton . On the 5th of April, about Eight o'Clock in the Evening, I came into the Shop, and found this Akins with a Piece of Ribbon in his Hand, ( 'twas my Father's Shop) so I seiz'd him with the Ribbon in his Hand, but he got from me, and I pursu'd him quite cross the Street, and got him down upon the Ground; his Hat fell off, and I took it up: This is the Hat. I don't know the Prisoner, but I am positive the Evidence is the Man that was in the Shop. We lost the Things mentioned in the Indictment, among which were a Parcel of Linnen Handkerchiefs, - how many I can't exactly tell, but I am sure there were two Dozen, and we miss'd them, and the other Things, the Minute the Evidence was got out of the Shop; I am sure they were there when he came in. I am positive to the Evidence, for I spoke to him in the Shop, and as I pursu'd him in the Street, a shorter Man than he took hold of my Gown-sleeve, to prevent my following him, and said, - Don't follow him, Child, for you can't catch him, - he is run away.
Prisoner. Was I the Man that laid hold of you?
Malton. No: 'Twas much such another as Brown.
Prisoner. He'll say any Thing, as he did in the former Trial.
Akins. It was between Eight and Nine o'Clock at Night, but I can't say what Day it was, but 'twas in April: We were going to see what we could steal, and seeing this Shop, and no body in it, at the Corner of Artillery-Lane, Brown went in, and got hold of a Piece of Ribbon, and this young Woman took hold of me as I was coming out, and asked me what I wanted. We had taken out the Goods they lost before she seiz'd me; there were five Velvet Caps and Hoods, and twenty six Linnen Handkerchiefs: Among the Velvet Things, there were two Mens Caps, and a Child's, with a Button at the Top, and two Hoods, which makes five in all. After Brown had fetch'd out two, I went in, and brought out three, - the Child's Cap, and the two Hoods; - Wint stood in the Middle of the Highway, and what we got, we deliver'd to him: He knew we went into the Shop to steal the Goods. After we had got these Things, I went in again, and laid hold of a Piece of Ribbon, but this young Woman caught me; I ran from her into the Street; she follow'd me, I fell down, and she fell upon me; my Hat fell off in the Scuffle, and I got from her, (without staying to take it up) and ran away down Dunning's-Alley. Brown was at the Door, when I ran out of the Shop, and the Prisoner, (who stood in the Highway) ran away when he saw the Bustle, but when it was over, we met at Moll Bullinbroke 's, in Three-Tun Alley,the Corner of the Rope-walk, (near Rosemary-Lane) and we sold all we had got for a Guinea, and divided 7s. a-piece.
Wint. Ask him, (on his Oath) whether I had not parted with him that Night, and had not bid him Good-Night? And whether he did not run after me, and say, - Here's a Chance: Whether I did not say, - Where! And whether he did not tell me of this Shop, and when he brought the Caps to me, I did not say, - I would not be concern'd? The young Woman did cry out, Stop Thief! but I was not concern'd with them.
Akins. 'Tis no such Thing; for we never parted from Twelve o'Clock at Noon, till after the Fact was committed.
John Brown . (who was try'd with Wint in the preceding Trial) Wint and Akins call'd me out about Twelve at Noon, and we went into Moorfields, and play'd at Cricket till 'twas dark. Then we came through the Tenter-grounds, and through Sun-street, and bid Akins Good-Night, and he cross'd the Way from us, and went into this Shop. When he had got some of the Things, he call'd after us; and then I went in and got some more: The Prisoner came back, and stood in the Middle of the Highway. I brought out two Mens Caps, and gave them to Akins; - what he did with them I don't know, - but I gave none to the Prisoner. Indeed Akins gave all he got to him, (the Prisoner.) I found he had, when we afterwards met together, for when we met, he had (in his Possession) all that was got by us. 'Twas two Hours before we met together, - because there was a great Uproar in the Street about us.
Q. On what Intent did you go out together?
Brown. We did not design to go out with him, (Akins) but only as these Things lay so, ( conveniently ) he call'd us, and then we went with him to rob the Shop. The Prisoner and I were going away from him.
Q. On your Oath, and as you must answer for the Breach of that Oath to God, did you all go out with an Intent to rob, - or not?
Brown. Not before this Akins call'd us.
The Witness was ask'd again in a solemn Manner, (and reminded of his Oath, and the tremenduous Consequences of calling God to help him in an Untruth) whether they did not go out that Night with an Intent to steal?
Brown. - Yes, - and the Prisoner stood on the other Side the Kennel, over against the Shop, and took the Things from us. And we afterwards met at Bullinbroke's Lodgings, by Rosemary-Lane and sold them to James Deal , who lives with her as her Husband, for a Guinea, and the Prisoner had 7 s. of the Money. There were but twenty-one Handkerchiefs.
Wint. Brown says there were but twenty-one, and others swear there were twenty-six, - that's five Handkerchiefs Difference.
Akins. I can't tell whether they were all sold; but I saw twenty-six upon the Bed in Bullinbroke's Lodgings.
Brown. There were but twenty-one, and they, with the rest of the Things, were sold for a Guinea, and the Prisoner had 7 s. of the Money.
Wint. Did Akins quit the Handkerchiefs before they were sold?
Akins. We went down Stairs, and left them upon the Bed, and afterwards had the Money.
Wint. But did not I come down Stairs with you?
Akins. I came down first; the Prisoner follow'd: We all came down, one after another.
Wint. And I am afraid, you'll soon follow me. Guilty , Death .
349. Joseph Patridge was indicted (with James Stiles not taken) for breaking and entering the Dwelling-house of Stephen Vannie , about the Hour of Twelve at Night, and stealing a Sirloin of Beef, val. 6 s. two Springs of Pork, val. 5 s. a 14 lb. Leaden Weight, val. 14 d. an Iron 7 lb. Weight, val. 7 d. and a 4 lb. Leaden Weight, val. 4 d. in his Dwelling-house, Dec. 20 .
Vannie. They broke my Shop, and I lost all my Meat; two Springs of Pork, a Sirloin and a veiny Piece of Beef, a Loin of Pork, and some Pieces more; - they took my Tray, - and all. And I lost all my Weights; - there was a 14 lb. Weight, a 7 lb. and two 4 lb. Weights; - they took all. They broke my Shop, though I lye in my Bed next to my Shop. I lost them a little before Christmas, and miss'd them the next Day, about Eleven or Twelve o'Clock at Noon, - but I am not certain neither.
Prisoner. When did you see them last, before you miss'd them?
Vannie. Oh! - next Morning. I went to Bed, between Nine and Ten, - for my Wife was dead at that Time, and my House was safe, - all the Doors and Windows fast, when I went to Bed. - Yes, yes, - I am sure of that, and my Beef and Pork were there then. I got up next Morning between Five and Six o'Clock, and I found my House very well, - all, but my Shop broke, and my Meat gone. The Shutter was broke, I found it broke before Day-light, - before Five o'Clock, when I get up. I found all my Things gone by Candle-light next Morning. - I never had a Bit of my Things at all, and I made no Complaint about them.
Prisoner. And did you lose your Weights the same Time you lost your Meat?
Vannie. I can't be sure of that.
John Lewis . The Prisoner, Styles, and I went into Hog-Lane , and broke open this Frenchman's Shop; and we stole a Sirloin of Beef, a Foreloin of Pork, and a Veiny-Piece of Beef: This was on a Saturday Night, between Twelve and One o'Clock, about five or six Months ago. We broke the Shutter in half, and had it not been
350, 351. Joseph Patridge and William Alexander , (with James Styles , not taken) were indicted for stealing a quilted Petticoat, val. 2 s. 6 d. a Calicoe Gown, val. 1 s. 6 d. and other Things , the Goods of Mary Evans , Widow, Nov. 28 . Both Guilty .
Jenkinson. I can't say any Thing to it.
Glass. Did any body come by while this was doing?
Lewis. Yes; and then we shut down the Cellar-Door.
Wright. I have nothing to say about it. All Guilty .
355, 356. John Wright and William Alexander were again indicted, with Matth.ias Francis , for stealing four Hats, val. 17 s. the Goods of Ann Descomhel , Widow, in her Shop , Dec. 4 . All Guilty, 4 s 10 d .
* Whitehurst had been try'd several Times before, as a Receiver from Felons, and but last Sessions was try'd as a Principal, for stealing an Iron Chain, the Property of the Governor and Company of the New-River Water. See Sessions-Book, 1739, p. 78, No. 271.
William Wright . On the 27th of December, it being Holiday-time, I went out about One o'Clock at Noon, and left one Shutter down, in the Front of my Shop, and order'd my Maid to shut up the Shop in the Close of the Evening. The next Morning I miss'd the Things mention'd in the Indictment, and which stood in the Window when I went out. I keep a Plumber's Shop , and I believe the Goods might weigh about 1 C. Weight. I never heard any thing of them till the Evidence was before Mr. Deveil.
John Lewis . The Prisoner and I, and one Miller (not taken) came by this Plumber's Shop, in Compton street , in the Christmas Week, and seeing the Shutters just open, we push'd them on one Side, and took out the Cistern-head; which we sent by the Prisoner Francis to Whitehurst then we got the Pump, and carry'd it to him, and he gave us 5 s. 6 d. for them.
Wright. They were of the Value of 3 l.
Lewis. Whitehurst is a Man who buys such Things; he knew how we came by them, which was the Reason of his having them so cheap. He has been try'd four or five Times for such Things before this Time.
Francis. We did not sell them to this Man; we sold them to one Lambeth in Compton street.
Lewis. Whitehurst gave me Half-a-Crown this very Day, to clear him upon this Trial, and promised me three Half-Crowns more when he was clear'd: This is the very same Half-Crown he gave me under the Leads this Day. He was let out of the Place where the Prisoners are lock'd up, to take the Air.
Mr. Townsend. He was let out to air himself, and I saw him in the Yard; but I did not see the Witness there.
Lewis. I was there; and his Wife took it out of his Pocket, and gave it another Woman to give me.
Whitehurst. I gave him none; I have not had Half-a-Crown in my Pocket this Month.
Joseph Parkes and John Hatherly had known him ten or twelve Years, and knew nothing but that he was a laborious Man. Francis, Guilty, 4 s. 10 d . Whitehurst, Guilty .
360. Matth.ias Francis was again indicted with John Fife , for stealing two Pair of Iron Pinchers, val. 18d. a Pair of Iron Pinchers, val. 4 d. and other Shoemakers Tools , the Goods of Robert Loosmore , May 11 . Fife , Guilty . Francis, Acquitted .
364. John Fowler was indicted (with Edward Glascock , not taken) for stealing 300 lb. of Bacon, val. 5 l. and six Bushels of Salt, val. 20 s. the Goods of James Odell , in his Ware house , Jan. 25 . Acquitted .
367. William Cary was indicted for stealing a Gold Watch, with an out-side Case made of Silver, gilt, val. 6 l. two Gold Pendants for Watches, val. 12 s. two Pair of Chrystal Buttons set in Gold, val. 10 s. two Guineas, and 4 s. in Money; a Gold Ring set with eight Stones, val. 18 s. a Silver Watch Chain, val. 12 d. and a Pair of Cloth Breeches, val. 12 d. the Goods of William Elliot . And a brown Silk Camblet Coat, val. 10 s. a Scarlet Lepelle Waistcoat, val. 4 s. a Pair of brown Silk Camblet Breeches, val. 12 d. and a Pair of Serge ditto, val. 12 d. the Goods of George Goodman , in the Dwelling-house of George Lumley , Jan. 12 .
William Elliot. I lodged in Lumley's House in the Old Baily : The Prisoner was recommended to me by Lumley, as an honest Man, so I let him lie with me; and on Friday, the 12th of January last, he stripp'd me of all I had in the World, and did not leave me one Farthing to save my Life. I lost all the Goods and Money mention'd in the Indictment as my Property, and I am sure the Prisoner is the Man who robb'd me; I don't say I saw him take them away, but he was taken with them all upon him. I am sure I never took a Farthing from him but us'd to give him Three-Halfpence every Morning. I won't tell a Lie for the whole Globe. I had all the Things in my Pocket, and was to have gone to Flanders on Monday Morning, if I had not been robb'd I should have been gone gone before, if I had not waited for some Things a Man was making for me to carry with me. I never saw the Prisoner from the Time I was robb'd till now.
William Whiteer . (or Whitehead) I lodged in Shoe Lane, at a Woman's House, who us'd to sell a Dram. The Prisoner frequently came there for a Dram, and I have now and then drank a Dram with him. On the 12th of January, between Five and Six in the Morning, he knock'd at the Door, and said he came to pay my Landlady 6 d. or 7 d. which he ow'd her; she let him in, and he asked for me; she told him I was abed, and he bid her call me down to drink a Dram with him, and tell me he had some Shipmates at Brentford, who had appointed him to meet them there, in order to sell some India Goods: I would not go down, so he came up to my Bed-side, with half a Pint of Gin in his Hand, and my Bed-fellow and I drank two Glasses apiece, and he told me he was to meet some Shipmates at Eleven o'Clock, at Brentford, and if I would go with him he would give me a Crown: So I set out with him; and in Piccadilly, as we pass'd a Night-cellar, I said, a Draught of Beer will do us no Harm after our Drams; so we went in and drank. While we were in the Night-cellar, he pull'd out this Watch; I asked him what 'twas o'Clock? He could not tell; so I took it out of his Hand, and found it stood; I wound it up, and set it a-going, then he took it, and put it in his Pocket. At Brentford he shew'd it me again, and told me it cost him 15 l. I guess'd it at 10 l. and imagin'd it was only Pinchbeck's Metal, but he took a Knife, and upon scraping the Edges of the Case, found it to be Silver. After we had eat a Rasher of Bacon, he told me he could not stay, for he was going to Bristol, and from thence to Ireland, and he desired me not to take any Notice where he was gone: So I left him, and came homewards, and being afterwards at the Bull and Garter, by the Ditch-side, I saw an Advertisement, which occasion'd my telling the Landlord that I had been that very Day with theGeorge Lumley 's House, in the Old Baily, and they were delivered to Lumley.
George Lumley . The Goods are all here but the Watch, and I borrowed Money upon that when I came from pursuing the Prisoner, for I had spent Money upon the Road, and Elliot told me, he would pay my Charges. I staid at Reading, and Mr. Whiteer brought the Prisoner to me, and he gave me the Gold Pendants and the Silver Watch-chain, because he owed me Money, 45 s. when he went away; I asked him for Money, but he gave me no more than six or seven Shillings, I borrowed Money at the Elephant and Castle, in Fleet Lane, to go with Whiteer after the Prisoner, who had left all his Things at my House, and had taken Elliot's. There were two Pair of the Breeches, and the Lepelle Waistcoat belong'd to another Lodger, one John Goodwin , and that Waistcoat I have now at Home, for Goodwin is gone abroad, and would not take it with him.
William Goodhall . Here are the small Things: Lumley brought them to me, and I lent him 10s. upon them. Here's a Ring, and a Pair of Buttons, set in Gold, a Pair of Gold Pendants, and a Watch-chain. Lumley told me he pawned them by the Direction of the Prosecutor.
Lumley. The Watch I pawned to a Gentleman in Charterhouse-Lane, - but I don't know his Name. I had laid out 3 l. 9 s. on my Journey, and when I came Home, I had no Money for my Family, so I pawned the Things.
Elliot. I never had a Word of Discourse with Lumley about pawning the Goods. When he came Home, he told me, he had taken Care of the Chap, (the Prisoner) and had taken fresh Horses at Reading, and so went to Newberry, where he seized the Prisoner, and brought him to Reading. Well, says I, what have you done with my Goods? Your Goods, says he, are in the Justice of Peace's Hands, at Reading. He had no Money when he went after the Prisoner; and when he came Home, I observed he was very flush in Money, but he never said a Word of his having pawned my Goods, 'till six Weeks or two Months after he came back.
Lumley. I mentioned it to him, about a Fortnight or three Weeks after I had pawned them.
Prisoner. I gave Elliot six Ounces of Gold for these Goods.
Elliot. I never had to the Value of a Pin, or a Pin's Point, from him in my Life, as I am in the Presence of Almighty God.
Lumley. Whiteer brought all the Things in his Pocket to me at Reading, except the Gold Buttons and Pendants; they were in the Breeches the Prisoner had on, and he told Justice Pottinger he took them instead of his own, and found the Things in them. Whiteer said he would hang the Prisoner, - he would hang him for the Reward of 40 s. which I had promised for taking him.
Whiteer. I did demand the 40 s. of Lumley, and he abused me in a scandalous Manner, and told me the Man should not be hanged on any Account, and he himself would appear a Witness against me.
Roger Lewis . The Prisoner has been in my House about five Months ago, and behaved well. I have heard Whiteer say, he would do what he could to hang the Prisoner. He said it was his Due, and he would take Care he should be hang'd, if possible. I can't say I heard any Thing mentioned about the Reward.
The Court ordered Lumley to produce the Watch, and Restitution to be made of that and the other Goods to Elliot, and the Jury found the Prisoner Guilty of the Indictment. Death .
369. Charles Cross was indicted for breaking and entering the Dwelling-House of William Methald , between the Hours of Nine and Ten at Night, and stealing a Silver Cup, value 40 s. a Weather Glass, value 6 s. a Man's Hat, value 5 s. and a Woman's Scarlet Cloak, value 7 s. Feb. 24 . Guilty , Felony.
Michael Berry was indicted for stealing a Pair of Worsted Stockings, value 5 s. the Goods of William Mead , May 7 . Guilty .
371. Bertram Bird was indicted for stealing a Watch, with an out-side Case made of Base Metal mixed, and an in-side Case made of Gold, val. 39 s. the Goods of William Lambert , Mar. 16 . Guilty , Felony.
374. James Darlington was indicted for breaking and entering the Dwelling-House of John Stubbs , about Five in the Forenoon, (one Mark Dowd being in * the said House) and stealing a Copper Kettle, val. 10 s. and a Box Iron, value 3 s the Goods of the said Stubbs, May 7 . Guilty, Felony only .
* Robberry in a House, when any of the Family is therein, and put in Fear, is a Capital Offence .
375. Hannah Bluyman , alias Blithman , was indicted for stealing a Dimitty Waistcoat, value 4 s. the Goods of John Winnal ; a Linnen Shirt, value 3 s. the Goods of Lawrence Winnal ; a Linnen Shift , value 2 s. the Goods of William Hardcastle ; and a Linnen Shirt, val 2 s. the Goods of John Dainty , May 4 . Guilty , Felony.
376. Charles Stuart Seymour was indicted for stealing a Cambrick Mob, laced, value 2 l. 8 s. a Cambrick Ruffle, value 2 s. the Goods of Sarah Calthorp ; a Paris Mob, laced, value 4 l. a Pair of Cambrick Russles, laced, value 5 l. the Goods of Elizabeth Calthorp ; a Muslin Apron, value 8 s. a Cambrick Mob, value 6 s. the Goods of Catherine Calthorp ; and several other Goods, the Property of sundry Persons, in the Dwelling-House of William Miller , May 3 . Guilty, 39s .
The Council for the Prosecution having open'd the Charge, and the Nature of the Offence, the Copy of the Record of Mr. Poplet's Acquittal was produced, and read.
Mr. William Keat . I was present at Poplet's Trial, and remember Goodman's being in Court. I saw him sworn in the usual Manner. The Indictment against Poplet, was for privately taking from him 13 s. 6 d. He swore, That as he was going on the 9th of February, in a Coach from Newgate to the Judges Chambers in Chancery Lane, the Person that sat against him in the Coach, stopped his Mouth, near the Market, and that Brogdon Poplet took from him 13 s. 6 d. by Force. There was a Question subsequent to this; he was asked, - of what particular Pieces the 13 s. 6 d. consisted Goodman answered, - two Half Crown, eight Shillings, and a Six-pence. He was then asked, how lately he had seen that Money? He answered, - about a Quarter of an Hour before. He was asked, in what Manner the Money was taken from him? He made answer, - that Poplet put his Hands into his Breeches Pocket, and took the Money from him by Force. He said, he had been robbed and beat by Poplet. These are the Words which were sworn upon that Trial.
Counc. You have given a long Evidence; - did you put the Words down in Writing?
Mr. Keat. Not at that Instant. I did not take them down in Writing at that Time but after the Trial was over, we went to a Tavern (The Baptist's Head) in the Neighbourhood, and staid there two or three Hours, and had some Refreshment.
Counc. Then you took down the very Words you have repeated at the Tavern.
Mr. Kents. I did; and have the Paper now at home, among my other Papers; I saw it within these three or four Days.
Counc. How many Hours did the Trial last?
Mr. Kent. Not above half an Hour. Mr. Poplet said at the Tavern, he had been grievously injured and would indict him for Perjury: And the Pen and Ink was called for, in about a Quarter of an Hour after we went in, and I wrote down the Evidence, and reduced them into an Indictment the next Day.
Counc. Did not Poplet move for a Copy of his Indictment when the Trial was over?
Mr. Keat. He was was going to speak something to that Effect, but was told, that Goodman was a Prisoner, and it would be of no Service to him.
Mr. Keat. No, no body at all. Goodman has since owned to me, that he did swear he was going in a Coach from Newgate, to Chancery Lane, and lost 13 s. 6 d. in the Coach.
Mr. Poplet offering to be sworn, the Councel for the Defendant objected to his giving Evidence, but the Objections were not allowed.
Poplet. I am an Officer to the Sheriff of Middlesex. In February last, three Countrymen came to my House and enquired after Goodman, telling me they wanted to arrest him for five or six Horses, he had brought from Northamptonshire, and had not paid for them. I bid them get Processes according to Law, and I would endeavour to take him. Accordingly on the 5th of February I saw him go into a Tavern, and a Woman followed him; I arrested him, and the Son was with him and another Man; there was Edward Goodman , Thomas Goodman , and Phillip Spencer . I had five Warrants against him, and he had been sheltered in the Globe-Tavern, in Drury Lane, over-against my House for a Month, and when I endeavoured to take him, they opposed me with Sticks, and broke my Head; but I over-powered him, and got him to my House. Then I asked him if he would go into another Officer's House, for 24 Hours? He said, G - d d - mn you, you Rogue, I will hang you. This is one of the Warrants I had against him, but that, by vertue of which I carry'd him to Newgate, I have not about me. I told him he was a silly Man, and that I never had done any Thing to deserve Hanging in my Life, and asked him again, if he would go to another Officer's House? He said, he was protected by Baron Bothmar , and would go to Newgate, so I carry'd him there; and Mr. Hopkins afterward writing to me, to get the Return of a Habeas Corpus, in order to carry him to the Fleet, I bid Murphey get a Coach, and he and I took Goodman into the Coach, to carry him to the Judges Chambers. As we went along, he wanted to go to Fleet-Lane, and put his Head out of the Coach, and call'd out, Bailiffs! Bailiffs! - take me away: There was only Brogdon Poplet, ( himself) James Murphey and Goodman in the Coach. He was never insulted; no one touch'd his Mouth, nor a Farthing of his Money: He did receive a Blow on the Side of his Head, by a Jolt of the Coach, when he was straining to get out of the Coach-window; he never complain'd; - when we came out of the Coach, there were the two Tip-staves, and we went to the Judges Chambers, and the Clerk indorsed the Habeas, yet he did not complain, as I heard.
Counc. Here, - Poplet, - you swear he was never insulted, &c. on your Oath when he came to the Chambers, was not he very bloody?
Poplet. No Marks of Violence, - there was a Blow on the Side of his Head, by the Jolt of the Coach. If there was any Complaint made it was whisper'd among themselves.
Benjamin Boxall said, he saw Goodman and his Son knocking down Poplet at the Globe Tavern in Drury Lane, but Poplet being too strong for them, carry'd him to his House, and ask'd him if he would go to any other Officer's House? That Goodman call'd him Names, and said he would hang him, and Goodman told him he would go to Newgate, for he had a Protection, and should then be near home, - the Hartshorn Inn, in Smithfield, where (he said) he lodged.
Lawrence Sherwood swore, he had heard Goodman complain of having been evilly treated by Poplet, but at that Time he did not say he had been robb'd. That about two Days afterwards he saw him again, where he had seen him before, (at Mr. Jones's in Fleet-Lane ) and then he complain'd that Poplet had indicted him in the Crown, but he did not say any Thing of the Robbery, nor did he hear him say any Thing about it, till the Night before the Bill was found against Poplet. The Witness said, he had heard it whisper'd by others, that Goodman had told Jones he had been robb'd; upon which he asked Goodman what he had lost, and he told him, - there were two others in the Coach with him; and they stopp'd a Handkerchief in his Mouth, and took from him two Half crowns, and 3 s. and 6 d. and this the Witness said, he penn'd down, - in his Mind, and advis'd him to indict Poplet by his Name, for robbing him with two other Persons unknown.
Goodman's Council after having open'd the Evidence in his Defence call'd.
Mr. John Phillips ; ( Tipstaff ) depos'd, that he was call'd out of the Coffee-house to carry Goodman to the Judges Chambers, but Goodman would not come out of the Coach, for (he said) they were going to rob and murder him: That he was bloody, and complain'd in the Chambers that he
Francis Harling was sent for, to come to Goodman the next Day: He found he had been much abused; his Head broke, and his Stomach black and blue. Goodman then told him, he had been abused by Bailiffs, and had been robb'd of 13 s. and 6 d.
Mr. Hopkins depos'd he came to Jones's to take Bond for Goodman, and he complain'd he had been robb'd of 13 s. and 6 d. by Poplet, and appear'd to have been very ill used.
Mr. Gumley depos'd, that he saw Goodman that Night, and he complained he had been robb'd of 13 s. 6 d. by Poplet and two others, and had been abused by them in the Coach. This Witness, and Mr. Yewen, John Jones , and William Selwood , gave the Prisoner a good Character.
Mr. Lane saw him the Night he was committed to the Fleet, and deposed, That he complained of having been very much beaten by Poplet, and that he had been robbed by him of 13 s. 6 d. This Witness said, the Man was really in a very bad Condition. Acquitted .
378, 379. Samuel Bird , and Susannah Clark , were indicted for assaulting Mary Edwards ; Bird, for feloniously, violently, and against her Will, ravishing and carnally knowing the said Edwards, and Clark for being present, aiding, comforting, &c. him the said Bird, the said Felony to commit, &c .
Mary Edwards depos'd, she was 14 Years old, and lived at the Bell Ale-house, in George-Alley, near Fleet-ditch . That on a Thursday or Friday, (three or four Days before the Prisoners were taken up) a Woman, whose Name was Nanny, bid her carry a Pot of Beer to Clark's Room, up one Pair of Stairs, over against the Ale house in which she liv'd. That as she went up Stairs with the Beer, Bird met her upon the Stairs, took the Drink from her, and pull'd her into the Room. That he set the Beer down on a Table, and threw her down on the Bed, Clark and Nanny being both in the Room at the same Time. That Clark shut the Door, and then sat down by the Fire, while Bird kiss'd her, &c. (the Witness express'd herself in Terms necessary to prove a Charge of this Nature) She said, Clark swore at her for crying out; and Nanny went down Stairs, and told another Woman what had been done, and this Woman told her Grandfather. This Usage happen'd to her, (she said) between Three and Four o'Clock, and Clark open'd the Door after the Witness had been in the Room about a Quarter of an Hour, and she went home directly, but nothing was mention'd of the Affair, till Sunday Noon. That her Grandfather then scolded at Clark, and talk'd to the Witness about it, but she did not tell him a Word of what had happen'd till Night. That on Monday Night Bird and Clark came to their House to ragg (scold) her Grandfather for what he had talk'd of, concerning them; and there being a Talk about sending for a Constable, Bird said he would stay till an Officer came, and after he had sat a good while, he complain'd that he could not stay all Night for the Constable; but her Grandfather perswaded him to be easy, and he would get one, which at last he did, and the Constable took Charge of the Prisoners. She added, that the Prisoner was a Shoemaker by Trade, but pretended to be skilful in Surgery, and came to Clark's House to cure her of the foul Disease. And at the Time she was ill used, there were several Lodgers in the House, but none on the same Floor.
The Surgeon. I am the same Gentleman belonging to Sir George Stonehouse , Bart. by his Title, I am so, being all the Sons he had. I know nothing of the Prisoners directly nor indirectly; but Mr. Bradford belonging to the Child, he sent for me three or four Days after the Thing was done, to search the Girl, to inspect or look into - She was a little tumified, - tumify'd comes from the Word tumeo, and tumor, tumoris, to puff up and swell. There was some small Damage, but not a great deal. I gave her some Things accordingly, for Fear, (as I understood the Man was a vile Fellow ) there should be some Foulness.
Alice Mace gave an Account that she was in Clark's Room all the while, and that Nanny was not there at all. That the Girl brought the Beer into the Room herself, and set it down on the Table; that she then sat herself down on the Bed, and Bird sat down by her. The Witness mention'd some Acts of Immodesty in the Prisoner, but nothing that amounted to a Proof of the Charge, and said, the Girl talked very impudently, and told the Prisoner he should not lie with her. She added, that there was not the least Noise, and that the Girl went away very well, and free from Passion.
- Close deposed, That he lodged in the same House, and but a few Steps above the Prisoner's
A Witness gave Bird the Character of an inoffensive Man.
Another gave the Girl the Character of being very pert, and said, he had taken Notice of her being very fond of the Doctor's (the Prisoner's) Company; but he never saw them together. Both Acquitted .
380. Mary Giles was indicted for stealing three Linnen Rollers, value 6 d. the Goods of our Lord the King. A Pair of Linnen Spatterdashes, value 1 s. the Goods of Jonas Rogers ; a Pair of Fustian Breeches, value 1 s. and several other Linnen Goods , the Property of divers Persons , May 28 . Guilty , Felony.
381. Richard Richardson was indicted for assaulting Samuel Horseford , in a certain Alley, near the King's Highway, called Frying Pan Alley , putting him in Fear, and taking from him a Hat, value 1 s. a Worsted Cap, value 8 d. a Pair of Shoes, value 1 s. a Pair of White Metal Buckles, value 6 d. a Penknife, value 3 d. and 9 d. in Money , May 18 . Acquitted .
William Harvey . Between Twelve and One o'Clock Saturday Morning, I li't of the Prisoner three Miles beyond Barnet, and he desired me to help him bring a Dozen of Geese to London, telling me he would give me a Shilling. So we took the Geese upon our Shoulders, and when we came to London, a Constable stopped us on Suspicion of stealing them, - so we were taken up. The Constable was called, but did not appear.
Prisoner. I have very good Friends, - if they were but here. These Geese were the Witness's, and he hired me for a Drink or two of Beer, to help him to carry them. He told me he was carrying them to a Sister of his at London, but God knows whether he has e'er a Sister there or no, for he would have sold them upon the Road if he could. Acquitted .
383. Ann Sturgeon was indicted for stealing a Brass Sauce-Pan, value 2 s. a Pair of Cloth Breeches, value 1 s. a Pair of Sheets, value 1 s. a Hatchet, value 6 d. and a Hammer, value 6 d. the Goods of Robert Hughes , May 5 .
The Prisoner appearing Lunatick at the Bar, and no Evidence being given against her, she was Acquitted; and the Court ordered her to be sent directly to Bedlam .
The Prosecutor not appearing, the Prisoner was Acquitted .
The Prosecutor not appearing, the Prisoner was Acquitted .
George Bird , whose Case was mentioned in the Proceedings at the last Sessions, having since obtained his Majesty's gracious Pardon, on Condition of being again transported for Life, the Court order'd him to be transported accordingly .
George Bird , whose Case was mentioned in the Proceedings at the last Sessions, having since obtained his Majesty's gracious Pardon, on Condition of being again transported for Life, the Court order'd him to be transported accordingly .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 5.
BURNT in the HAND, 1.
* These being convicted of buying Goods, knowing them to be stolen, are to be transported for 24 Years.