In the 13th Year of His MAJESTY'S Region.
Seventh 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 Peter-noster Row.
BEFORE the Right Honourable MICAJAH PERRY , Esq; Lord-Mayor of the City of London; the Right Honourable the Lord Chief Justice WILLES, Mr. Baron THOMSON , 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.
430. William Cardel was indicted for assaulting Phillis Grindall , in a certain publick Street and common Highway, in the Parish of St. Butolph, Aldgate, putting her in Fear, &c. and taking four Holland Shifts, value 40 s. three Callico Shirts, val. 7 s. 6 d. five linen Aprons, val. 30 s. and a Dimitty Petticoat, val. 7 s. 6 d. the Goods of Mary Chaplin , from the Person of the said Grindall , Aug. 15 .
Phillis Grindall. On the 15th of August, about Nine o'Clock at Night, I was going down the Minories , with this Bundle of Linnen, and the Prisoner dogged me; sometimes he was on one Side of me, sometimes on the other, and sometimes he was at my Heels. When I had got about 10 Doors past the Corner, at the Bottom of the Minories, he snatched hold of the Bundle; I screamed out - Murder! - Stop Thief, I am ruined ! I held fast, and he pulled, and I pulled. In the Struggle I fell down; and the violence of the Fall stopped my Breath, and broke my Elbow, in such a Manner, that I could not use my Arm for a Fortnight. When I got up, the Prisoner was got away with the Bundle, but I still cry'd out, stop Thief! and the Prisoner was taken by the Merchant Taylors Alms-Houses, about twenty or thirty Yards from the Place where he robbed me, and then some People came to me, and bid me not cry out, for the Man (they said) was taken. There was four Holland Shifts, three Callico Shirts, five Linnen Aprons, and a Dimitty Petticoat in the Bundle, and they were the Property of Mary Chaplin. He took the Goods from me just by a Lamp, by which I saw the Side of his Face, and I observed him as he followed me down the Minories, and imagining he had some ill design, I held my Bundle as fast as I could. I took Notice of the Prisoner's Cloaths the next Morning, and they were the same that he has on now.
Samuel Nott , junior. About a Quarter after Nine at Night, my Father and I were standing at my Door, and we heard this young Woman cry out Murder ! Stop Thief! I saw the Prisoner tugging the Bundle from her, and I thought they were Man and Wife, and might be quarrelling. But when he took to his Heels with the
Grindall. This is the Bundle he took from me; 'tis just as it was, when it was taken, and these are the same Things which were then in it.
Prisoner. Ask Mr. Nott, if I attempted to stir; for I was so much in Liquor, that I could not stand.
Nott. I never saw the Prisoner before that Night, in my Life. When I laid hold of him with my Right Hand, my Father seized him on the other Side, and told him, if he offered to make any Resistance he would knock him down with an Oaken Stick, which he had in his Hand. Upon which the Prisoner said, - Mr. Nott, I will not resist.
Prisoner. Ask Grindall whether she is not persuaded to prosecute me, by Mr. Nott; and whether the Prosecution is not carry'd on it his Expence?
Grindall. No body persuaded me to prosecute; But as the Prisoner and the Goods were taken, we were all obliged to prosecute: We went before the Lord-Mayor, and he bound us all over.
Mr. Nott, senior. I was standing that Night at the Door, talking with my Son, and Hearing a Cry of Murder ! Stop Thief! I turned my Head, and saw the Prisoner run with the Bundle under his Arm. I cross'd the Way and caught him by the right Shoulder. He had dropped the Bundle and was got a little Way from it, but we dragg'd him to it, and my Son took it up. The Prisoner seemed to be at that time as sober as I am now.
Mary Berry . The Linnen was my Mistress's Mary Chaplin's; she lives in Aldermanbury. I delivered the Things to Grindall a little after Eight o'Clock at Night, in order to their being wash'd; and she was then carrying them home.
A Witness. I live opposite to the Prisoner's Father: He is a very honest Lad, as far as I know. He makes Backs for Distillers and Brewers , and has been out of his Time about four or five Years. When he has any Business, he will work; but since the Commencement of the Gin Act , his Trade has been dead. I saw him that Afternoon at work in a Distillers's Shop; and I saw him again, vastly fuddled, between Five and Six o'Clock.
Another. I have known him thirteen or fourteen Years, and have drank with him in his Father's House. I saw him that Afternoon, about two o'Clock, at the Rosemary Branch, pretty near his Father's House, in Rosemary-Lane; he was much in Liquor, and was quarreling with a Woman, who was beating him.
Several other Witnesses appeared to the Prisoner's Character; who never heard any Ill of him before. Some of them declared, they did not know what Business he had followed this last half Year, but they imagined his Father maintained him.
A Constable likewise deposed, That Mr. Nott desired him to take Charge of the Prisoner, on account of this Robbery, and he (the Prisoner) was very much fuddled, and deny'd the Fact.
Another Constable mentioned something of a Fray the Prisoner had been in, and for which he had been put in the Compter; but he had not heard of his having wrong'd any body.
Prisoner. I might be in Liquor, and might run against the Woman, there's not a Man on Earth, can lay any Dishonesty to my Charge, before this Time.
The Jury found the Prisoner Guilty of the Indictment, but recommended him to his Majesty's Clemency . Death .
432. John Albin was indicted for assaulting Ann Price and Hannah Prior , in a certain Field, and open Place near the King's Highway, putting them in fear, and taking a Gold Ring, val. 18 s. and 17 s. in Money, the Property of John Price , from the Person of Ann his Wife ; and a brass Ring. val. an Halfpenny, and 2 s. 6 d. in Money , the Property of Thomas Prior , from the Person of Hannah his Wife, May 21 .
Ann Price. On the 21st of May last, Mrs. Prior and I were coming from Kilburn towards London, between Three and Four o'Clock in the Afternoon, and the Prisoner met us about two or three Fields from Mary-bone : He came in at one End of the Field, and we come in at the other. The Minute I saw him, I had a Dread upon me that he would rob us; for he came on with a sauntering Pace, and had a Stick in his Hand:
Thomas Adams , a Constable of Pancras. I had a Warrant brought me from Mr. Deveil, against the Prisoner, by Mr. Griffin, on Suspicion of breaking open his Shop, and stealing a Parcel of Books. I took him (I think) on the 9th of August, in his Father's Hay-loft, at Tottenham-Court, pretty near the Turnpike, where I found him hid behind the Hay. I did not know any thing of this Robbery then, nor have I had any Discourse with him concerning it since. He made no Confession of any Kind to me; but he seem'd to be under a great Surprize when I took him, and made but little Resistance.
This Witness inform'd the Court, that Hannah Prior was taken with an Apoplectick Fit the Day before this Trial came on; and that he call'd at her House, as he came to the Court, and found her but just alive.
Prisoner. I have no Witnesses to call. I never did any such thing in my Life; and 'tis hard to take away my Life for nothing at all. I never was guilty of such a thing, as God's my Saviour, and you my Judge. Guilty , Death .
433. John Albin was a second Time indicted, with Fortunatus Albin , his Brother, for stealing a printed Book, called the Craftsman, being a Critique on the Times. Vol. II. val. 1 s. one other Book called the Craftsman, &c. Vol. III. val. 1 s. one other Book, called the Craftsman, &c. Vol. IV. val. 1 s and several other Books, to a considerable Value, the Goods of William Griffin , in his Shop , Aug. 2 . John Albin Guilty , Fortunatus Acquitted .
434. was indicted for stealing two Silk Skirts of a Child's Coat, val. 2s. 6d. and other Cloaths, the Goods of Mary Gray ; and a Pair of Cloth Breeches, val. 8 s. and several other Things , the Property of Jeremiah Gray , Aug. 15 . Guilty .
435. Edward Goynes, alias Joynes of Stepney , was indicted, for that he, not having GOD before his Eyes, &c. on the 15th of July , in and upon Mary his Wife did make an Assault, and with both his Hands, her upon the Throat, feloniously, maliciously, and of his Malice aforethought, did squeeze and press, giving her, by squeezing and pressing as aforesaid, a mortal Bruise, of which mortal Bruise, from the 15th to the 20th of July she languished, and languishing lived, and then died .
He was a second Time charged, by vertue of the Coroner's Inquest, for the Murder of his said Wife.
Martha Cadmore . The Prisoner and the Deceased lived at Poplar . On the 15th of July, between Ten and Eleven in the Morning, I was going by his Door, and hearing a Noise in the House, I went in, and found the Wife of the Prisoner sitting in a Chair, by the Chimney Corner, in the Ground-Room, - the Shop, as they
Prisoner. Mrs. Cadmore, did not she fall down and hurt herself? And when I asked her, whether she had any thing to lay to my Charge, did not she say, - No?
Mrs. Cadmore. About three Weeks or a Month before her Death, (as near as I can remember) she fell down and broke her Arm: I don't remember the Time exactly.
Mary Spalding . The Deceased was my Mother. The Prisoner marry'd her about a Year or 14 Months before she died, and during that time, he us'd her very barbarously. While I was at home with her, I never saw him strike her with his Hands, but he would heave Stones, Brick-bats, Pans, Pipkins, and Iron Bars at her, and bruise her in a gross Manner. Once he hit her on the Head, - on one Side of her Eye, and she frequently had black Bruises about her, tho' she did not keep up on these Occasions, because she work'd for her Bread; but on the 15th of July he struck her, and did her Business. About Ten or Eleven o'Clock that Morning, my Mother was a-dry; I went and fetched her a Pot of Beer; the Prisoner was at the Ale-house right against our House, and seeing the Beer come in, he flew over, and swore he would heave the Pot and the Beer at her: She had the Beer in her Right Hand, he beat it down, and with one Hand he caught hold of her Left Arm, which was lame, and twisted it; with his other Hand he grasped her Throat, and struck her Head against the Wall. Her Arm was very bad; but she did not feel much of that, by reason of the Misery she was in with her Throat; but when the Neighbours came in, she told them, That Rogue had broke her Arm again, - all to Pieces. About two Hours after this, he came in again, (he had been drinking) and he buffeted her in the Face with his Hat, till her Eyes ran down with Blood; and then he call'd her old Bitch, and bid her go and shew her Marks, and take him up again Tomorrow.
Prisoner. O fie upon you Mary!
Spalding. He had cut her in the Head before, (I can't tell how long it was ago) and she had him taken up for it. The last ill Usage was on Sunday the 15th of July; on the Tuesday she took to her Bed, and never came down till she was brought down; she died the 20th.
Prisoner. Why Mary, she died on the Friday.
Spalding. Well, - that was the 20th. We spoke to a Surgeon about her the same Day that she died, but he did not like the Looks of the Prisoner, and he would not go up Stairs. I did not take Notice of any Marks upon her after she was dead, so I know nothing of Them; but she complain'd to the last of her Throat; he did not hold her by the Throat above half a Minute, yet to the Day she died she could not swallow any thing. She complain'd likewise of her Back, for something better than a Month before, I saw him give her a Kick on the Back, with some Violence, when she was on the Middle of the Stairs, and she slipped down three Stairs, after which she complain'd of her Back.
Prisoner. Mary, did I kick her down Stairs?
Prisoner. No, my Dear, I never did; I only beat the Pot of Beer out of her Hand; I never did any thing else to her; - there she stands, and knows it. - She says, I buffeted her with my Hat, and made her Eyes bleed; - she always had sore Eyes.
Spalding. When he buffeted her with his Hat, he cut the inside of her Eyes, with the Edge of it. I am sure the Blood came from the Inside; for her Eyes were afterwards wash'd, and the
Catherina Lutolph . I am very sorry I did come to the Place; I rather had been in Bed, sick, than (have) seen such a Sight. The Deceased and I were very great; she had nobody but me, she could tell her Secrets to; so on the Tuesday after he had done this Damage, she sent for me. I saw her in a dangerous Condition, and she told me she was very bad; her Neck was very sore, and she complained very much of her Back. I told her she had catched Cold, - no, no, (she said) my Husband came home in a drunken Manner, and pinch'd my Throat, and struck my Head against the Brick-wall, and it has been my Death. She was a poor Woman, like myself, and she used to go a Shoring (picking up what she could find upon the Shores, when the Tide was down, for Firing) and about a Week before this Hurt was done her, she fell down on the Shore, and hurt her Arm, and was very bad with it then, but she now complain'd of nothing but her Back and her Throat.
Prisoner. Mind what you say, Mrs. Dutchwoman.
Lutolph. I saw the Deceased on the Wednesday and on the Thursday before she died, and the Prisoner then shew'd all Love and Kindness to her, and spoke to her as a Husband should speak to a Wife. She bid him go to Work; but he would make much of her, and sit by her; then she bid him go away: She did not like to see him, and told him he had done what he should not have done to her.
Prisoner. O fie upon you!
Lutolph. On the Day she died he came to her again; and said, Gammer, Mrs. Fox and Mrs. Poor want to come and see you; she told him, she did not care to see them; but I persuaded her to bear no Malice; so they came with the Prisoner to the Side of the Bed, and he said to the Deceased, - People say I killed you, and that I shall be hanged for you, now tell before Mrs. Fox and Mrs. Poor if I killed you: He took her by the Shoulder to raise her up, and she fell in a Convulsion Fit; when she came to herself, he asked her Forgiveness; how can you (said she) ask Forgiveness of me? I will forgive you if the World will.
Prisoner. O mind what you say.
Lutolph. Yes, I do. - After she said she would forgive him, he turned himself round on his Foot, and said, - a T-rd for you all, that is all I wanted. Before she died, she desired me and another to lay her out, and then we should see (she said) what she had gone through; She died that Day; we laid her out about Ten o'Clock that Night, and only observ'd that her Neck was swelled; but next Morning it was very black a Hand's Breadth, and as far(we imagin'd) as he had grasp'd. While she was alive, her Throat was so swell'd that she could not swallow a Quarter of a Tea-spoonful, nor could she pin her Cap.
Prisoner. Did I ever take her by the Throat? Indeed I did not.
Elizabeth Nash . I saw the Deceased about Five in the Morning before she died: She would have eaten a little Milk Porrage, but her Throat was so swell'd, she could not get a Tea-spoonful down. She told us the Prisoner had pinch'd her Throat in such a Manner, that it was the Occasion of her Death. Mrs Lutolph and I laid her out, when she was dead; and I observ'd several black and blue Marks upon her Legs and her Back; her Throat was very much swell'd, and was very black.
Prisoner. What did I say to you, when my Dame said, - Gaffer, I am very bad?
Nash. He asked her several Times to forgive him, and she said, she would forgive him, if the World would. She was disturbed at the Sight of him, and did not care to see him.
John Clarkson , Surgeon. I view'd the Body of the Deceased three Days after her Death; she was terribly bruised all over her Body, from Head to Foot, her Sides and her Back in particular; and there was a large Tumor on the Left Side of her Throat, which was very black, and which, I imagine, was occasioned by pinching or strangling. The Coats of the Gullet were putrify'd, and in the Passage into the Stomach there was extravasated Blood, which had turn'd into Pus or Matter; and this occasioned the Soreness which prevented her swallowing, and, in my Opinion, was the Cause of her Death. On her Back, between her Shoulders, were some black Places, as broad as the Palm of my Hand, which I imagin'd were made by beating or kicking. On her left Side, and just under her Breast were great Marks of Violence; but I did not find her Arm fractur'd, I believe the Disorder in her Throat might occasion her Death, and that the other ill Usage she had received might hasten it.
Prisoner. I must leave it to him and you, my Lord. I have nothing to say, - but I know what I did; and I only heav'd the Pot of Beer
436. Mary Lacock, otherwise Lane , was indicted for stealing a Copper Sauce-pan, val. 8 s. two Blankets, val. 4 s. two Feather Pillows, val. 2 s. and a Smoothing-iron, val. 1 s. the Goods of Michael Hussey , in her Lodging let to her by the said Hussey , Sept.3 . Acquitted .
437. Elizabeth Harrard , of Isleworth , was indicted, for that she being big with a certain Male Child, the said Male Child she did, alone, and secretly, bring forth alive, and which Male Child, by the Laws of this Realm, was a Bastard. And she not having GOD before her Eyes, &c. as soon as the said Male Bastard Child was born, with Force and Arms, on the said Male Bastard Child, so alive, feloniously, &c. did make an Assault, and with both her Hands, the said Child, into a certain River, called the Powder-Mills River, did cast and throw, by reason of which casting and throwing into the said River, the said Child was suffocated and drowned, of which Suffocating and Drowning it instantly died , July 10 .
She shas likewise charged, by vertue of the Coroner's Inquest, for the said Murder.
John Thackery . I am Beadle of Isleworth : On Saturday the 14th of July, Mr. Ions, a Farmer there, found a young Child in the Powder-mills River, and I was ordered to go and fetch it. I went, and saw the Child in a Meadow, covered with a little Grass. It had been taken out of the River before I came, and did not seem to be swelled, or to have any Water in its Body; but on the left side of the Head it had had a Blow; the Blood was congealed, and the Place was so soft, that I could have thrust my Finger into the Scull: I took it to the Stock-house, and on Monday the Overseers of the Poor sent to Mr Wright, the Coroner, for Letters to bury it. While they were gone, a Woman came to me, and told me she suspected the Prisoner, who worked in the Gardens, and gathered Fruit. I went after her, but did not take her; the Overseers of Teddington brought her to us, and our Churchwardens ordered me to get her a Bed, because she was not in a fit Condition to be sent to Newgate. On Wednesday the Coroner sat on the Body, and he ordered me to shew it to the Prisoner. She begged I would not bring it near her, for (said she) 'tis my own Child, - born of my own Body. I asked her how she could tell That, unless she saw it? She said, it was, and she was very sorry for it: But she did not see it, nor would she suffer me to open the Coffin. When she was first brought to us, we told her under what Circumstances we found the Child, and she did not then say any Thing to it; but on Thursday Night I sat up with her, and in the Middle of the Night she asked me, if I had been to see after John Gadd? I told her no, I did not know him. She said he was at Drayton; that he went there last Monday, and had taken a Field of Wheat to reap; that she was with him last Sunday Night, and was to have met him again had she not been taken.
Elizabeth Nell , Midwife. When the Prisoner was taken, I was sent to examine her. I asked her if she had had a Child? She said, yes; she was delivered on the Monday before, in a Field as she was going over a Style, and some Men coming by, she went away and left the Child behind. I told her, that Story did not appear feasible, and asked her if it was born alive? She said it was not: And I reply'd I was sure it was born alive by its Head; for it was very much bruised and swelled, and the Blood was congeal'd, which I apprehend it would not have been, had it been born dead. After I had told her I was a Midwife, and it would be better for her to tell me the Truth; she said - then, Mrs. Midwife, I will tell you the Truth: - The Child was born alive, and liv'd a Quarter of an Hour, but as she was sitting in Pain by the River-side, with the Child in her Lap, it rolled out of her Lap into the Water. I asked her again, how long it liv'd, and what she wrapp'd it in? She said, it lived half an Hour; that she tore a Piece of her Apron to wrap it, and that it had been dead half an Hour, or an Hour before she threw it in. I enquired of her, if she had made any Preparation for its being born? She told me, she had two Caps given her, but she had given them away again. The Child was brought to my House, before they carried it to the Cage; and I plainly saw its Death was occasioned by the Bruise on the Head, for no Water appeared in it, and it was very fresh when I first saw it.
Elizabeth Thackery . When the Prisoner was taken, she was carry'd to the Sign of the Bell; I went thither and ask'd her, if she was the unfortunate poor Creature that had had a Child? Yes, (she said) and it was found drown'd. I enquired of her, who was the Father of it? She told me, - John Gadd was the Father, and that she was not marry'd to him, but she had lived with him in an odd Manner, a Year and a half, and
The Midwife. 'Tis not impossible that Bruise might be given it, by throwing it into the Water.
Prisoner. I went to Richmond to see for Work, and when I got there, I fell in Travel, and sat down for two Hours to ease my Pains. While I was there, the Beadle of Richmond came to me; I asked him for the Help of some good Women. He threatened me, and brought me cross the Water; then he called me Bitch, and bid me shift for myself. So I went to Twickenham, and there likewise I was refused Relief, and the Beadle of that Place, led me out of that Town, and left me in the Fields; where I was so bad, that I was almost dead, and did not know whether my Baby was dead or alive.
The Midwife. She did say something to me, about the Beadle of Richmond refusing her Help.
Samuel Goodwin . The Day the Coroner sat on the Child, the Prisoner told me, that no Person was with her when she was delivered, but this John Gadd, whom I have often seen with her, under my Haycocks. She likewise said, That a Quarter of an Hour after she had been delivered, John Gadd took her Apron from under her Head, and having tore a Piece off, he wrapped the Child in it, and went away, and she never had seen him since. Guilty , Death .
438. John Maw, otherwise Morris , was indicted for assaulting William Russel . on the King's Highway, in the Parish of Chiswick, putting him in Fear, and taking from him a Chest of Drawers val. 3 s. seven Linnen Shifts, val. 35 s. two Silk Gowns, val. 20 s. ten Linnen Caps, val. 10 s. a Holland Apron, val. 4 s. three Cambrick Aprons, val. 50 s. one Cambrick ditto, laced, val. 40 s. a Velvet Hood, value 5 s. a Sattin Mantelet, val. 5 s. four Fans, val. 4 s. a Pair of Silk Shoes, val. 5 s. a Pair of Leather ditto, val. 2 s. a Dimitty Petticoat, val. 3 s. a Flannel ditto, val. 2 s. two Necklaces, val. 2 s. 6 d. a Cambrick Handkerchief, val 12 d. two Pair of Holland Stock Sleeves, val. 1 s. and many other Things, val. 41 s. 6 d. the Goods of Sarah Atwater , Spinster. And a Cloth Coat, val. 5 s. and a Linnen Shirt, val. 2 s. the Goods of William Styles , July 5 .
Sarah Atwater . All the Goods mentioned in the Indictment, I sent in a Chest of Drawers, by the Reading Waggon, for London. We charged the Prisoner, because he sold a yellow Silk Gown of mine, the very next Day.
William Russel . Mrs. Atwater's Chest of Drawers was put into the Waggon the 4th of July, and it was taken out a little beyond Turnham Green . We came from Reading on the 4th of July, and the Waggon was robbed the 5th about one o'Clock in the Morning. I was then on Horseback. Three Men on Foot came up to me, and clapped each of them a Pistol to me, and cry'd, - d-mn you, stop the Waggon, or you are a dead Man, They asked me if I had any Fire-Arms, or any Guard in the Waggon? I told them, - no, I had not; and that there was only an old Man in it, who was going to London. The Prisoner I believe was the Man who stood Guard over me while the others robbed the Waggon. I had a little Knowledge of him, for he visited me one Night upon the Road, near the same Place, about One o'Clock, in May last, and robbed the Waggon then, with one Man in his Company. The Moon at that time shone pretty bright, and I could discern something of him, for we had then a pretty deal of Talk together; and by his Size, his Voice, and Manner of Speaking, I verily believe he is one of the Men that robb'd me now; but this last Time it was dark, and I can't say I discerned his Face, but I remembered his Size and Voice, and was in Hopes he would have let me gone on, as he had robbed me so lately; but I was mistaken, for he came up with two others, and presenting their Pistols at me, they bid me stop the Waggon; I bid them stop it themselves, - I would not, - but they made me do it, and then the Prisoner (I apprehend) stood over me, while the other two got up into the Waggon, to see what they could find. They were in the Waggon near a Quarter of an Hour, and threw out a Chest of Drawers, a Portmanteau, a Trunk; and a Great Coat, with a Shirt in one of the Pockets, which one of them who had been in the Waggon put on; but on my telling them it was my Coat, the Man who
Richard Stiles . I was in the Waggon, on the 5th of July, when it was stopp'd near Turnham-Green. They asked Russel, (who was then driving the Waggon) whether any Body was in it, and whether he had any Fire-arms? He told them, no; and then a tall, brisk, active Man (such a Man as the Prisoner, by his Size and Voice) said to his two Companions, - d-mn you, get up into the Waggon. I am pretty sure the Prisoner is the Man. As soon as the two Men had got into the Waggon, they threw out a large Scale-beam, and a Horse's Harness; a Chest of Drawers, a Trunk, and a Portmanteau, which was wedged in between some Barrels of Beer. They came in at the Tail of the Waggon, and went out at the Head; but before they left it, one of them took my Coat which lay by me, with a Shirt in the Pocket, and put it on. I am Russel's Brother, and he being lame, I came up with him to help him. The Man (whom I take to be the Prisoner) talk'd to him about five Minutes. They were not long in doing what they were about.
Mary Elliot . I know the Prisoner. On the 5th of July, between the Hours of Nine and Twelve in the Forenoon, he brought me this Mantelet, and a Velvet Hood, to be pawn'd. This Gown I had of the Prisoner's Mother-in-Law, and upon these three Things I lent him 25s. These Goods in this Bundle ( producing another Parcel ) I had likewise from his Mother-in-Law; her Name is Kitchen. I cannot say I had any Discourse with him concerning the Things I had from her, but when they were both before Mr. Deveil, she said (in his Presence) she had the Things from him, and he did not deny it. She was taken up, and sent to Newgate, where she since died.
Henry Grubb , Pawnbroker. Here is an Apron and a Cap, which Mrs. Kitchen, the Prisoner's Mother-in-Law, brought to me on the 6th of July, and I lent her Money on them: Soon after I had taken them in, I saw them advertised, and gave Notice to the Prosecutor; upon which Mrs. Kitchen was taken up, and she confess'd she had the Goods of the Prisoner: Then we took him, and carry'd him and his Mother before Mr. Deveil, where she charged him with having given her these Things, and he owned he did so. We asked him about the rest of the Goods, but he said he did not know of any more than were produced.
Mrs. Atwater. This Cap and Apron are mine; 'tis a very particular Apron, - I work'd it with my own Hands.
Grubb. Mr. Deveil asked the Prisoner how he came by these Things, and he told him, his Friend gave them to him.
Hickman Young. I was at Mr. Deveil's when he granted a Warrant to apprehend the Prisoner. When we took him, he asked us what our Business was? We told him we had a Warrant for him, and when we had hand-cuffed him, we shew'd it to him: At first he deny'd every thing, and when he was before the Justice, he said he knew nothing of the Robbery; but when some of the Goods were produced, he owned his Mother had them from him. There was another Cap produced at that Time, which Mrs. Kitchen had sold to one Mrs. Turner
Turner. This is the Cap: The Prisoner's Sister, Elizabeth Kitchen , brought it to me on a Friday Night, and told me the Prisoner's Wife was dead, and that he was selling off her Cloaths, any of which I might have very reasonable: I did not care to buy the Cap of her, so she brought her Mother and the Prisoner to my Room on Sunday Morning, and then I paid the Mother 7s. and 6 d. for it, and I saw her deliver the Money into the Prisoner's Hands at the Foot of my Bed.
Mrs. Atwater. This is my Cap.
John Becket , Constable. I have two Pair of Sleeves in my Custody: I was sent for on the 27th of July to Mr. Grubb's, where I found Mrs. Kitchen, and was charg'd with her. We afterwards search'd her House, and found these Sleeves which Mrs. Atwater own'd; Mrs. Kitchen said she had them from her Son, and he did not deny it.
Prisoner. I was sick when this Robbery was committed. Pray did I say I gave my Mother those Things?
Becket. Yes: These Things (the Sleeves) were found in his Mother's Drawers, and when we had them before Mr. Deveil, he would had the Mother to have made herself an Evidence. He asked her, before the Prisoner, where she had them, and she said, - her Son made her a Present of them.
Joseph Nicholene . I keep a publick House in King street, St. Ann's. The Prisoner came to lodge at my House on the 2nd of June; he lodg'd there seven Weeks, and behaved well; I never catch'd any thing upon him He lay abroad two
- Bold. I nursed the Prisoner, but I know nothing of his Illness: I came the 2d of June, and was with him seven Weeks; I sat up with him four Nights, and then I used to go home; I did not stay with him every Night.
Prisoner. These Things were brought into Mr. Nicholene's House, and I gave them to my Mother to dispose of.
Bold. I saw his Mother bring some Things into that House, but what they were, I can't tell. Guilty , Death .
443. Ann Curry was indicted for stealing a flower'd Cotton Gown, val. 10 s. a white quilted Petticoat, val. 4 s. and a Twig-Basket, val. 6 d. the Goods of Ezekiel Waters , Aug. 19 . Guilty, 4 s. 10 d.
444. Robert Butteriffe was indicted for stealing a Pair of Silver Spurs, val. 18 s. 6 d. two Table-cloths, val. 3 s. a Man's Hat, val. 3 s. and three Quart Bottles filled with Shrub, val. 3 s. the Goods of John Smith , Sept.3 . Guilty, 10d.
The Prosecutor not appearing, the Prisoner was Acquitted .
448. * William Jones , otherwise John Wright , was indicted, for that he being an in-disposed Person, after the 1st of May 1734, to wit, on the 30th of July last, in the Parish of St. Dionis Backchurch, with a certain offensive Weapon called a Knife, made of Iron and Steal, which he held in his Right Hand, in and upon Miles Rigg , unlawfully and feloniously did make an Assault, with an Intent the Money of the said Rigg to steal, &c. against the Form of the Statute, &c.
* The Prisoner's Name is John Wright . In April 1737 he was tried for setting Fire to Mr. Rawlinson's House, and was acquitted on the Representation of his Friends that he was disorder'd in his Senses. See Sessions-Book for that Year, No IV. p. 94.
In July Sessions 1738 he was tried, and convicted, for writing an Incendiary Letter to Mr. Dolly in Holborn, but was afterwards pardoned on the same Account; his Friends having given Security for his good Behaviour.
Mr. Rigg. On the 30th of July, between Eleven and Twelve at Night, I was going along Fenchurch-street , in Company with Mr. West, and the Prisoner met me at the Corner of Lime street, with a Crape over his Face; he offer'd a Cobler's Knife to my Breast, and order'd me to deliver my Money: I stood a little surprised, and he said again, - Deliver; then I up with my Stick, and gave him a Blow which made him reel, and called the Watch; upon which he took to his Heels, and ran up Lime-street. The Watch pursu'd him, and we followed them, and took him (about twenty Yards from the Place where he stopp'd me) with the Knife in his Hand, and the Crape upon his Face, which he pull'd off, as soon as the Watchman laid hold of him.
Mr. West confirmed the former Evidence.
The Constable. I had charge given me of the Prisoner for assaulting Mr. Rigg This Knife was taken from him, and this Crape. I searched him and found two or three Handkerchiefs of different Sorts in his Pocket. Guilty .
449. Mary Curtis was indicted for stealing four Linnen Shifts, val. 20 s. six Linnen Aprons, val. 12 s. a Dimmitty Gown, val. 2s. a Linnen Sheet, val. 3 s. and a Petticoat, val. 12 d , the Goods of John Rustat , Gent . April 28 . Guilty, 4 s. 10 d.
John Warner was indicted for stealing a Silver Spoon, val. 10 s. the Goods of Edward Illidge , Aug. 27 . Guilty, 10 d.
452. Priscilia Trillcourt , of St. Martin's in the Fields , was indicted for privately stealing a Silver Watch, and Silver Seal, val. 3 l. and a Piece of Copper, val. 1 d. from the Person of Arthur Selwin , Aug. 19 .
Selwin. I lost my Watch and Seal, worth 3 l. with a King's Road Ticket ( which hung to the Watch) o he 19th of August last. The Watch was in my Fob, and I lost it in Oxendon-street , about Twelve o'Clock at Night: I was in a private House there with the Prisoner; she carry'd me there about Twelve o'Clock, and there was another Woman in Company, but she was not near me. I did not stay long in the House, - 'twas not above ten Minutes, or a Quarter of an Hour, and indeed I did not miss my Watch till next Morning. How I came to go to this private House with them, at that Time o'Night, - I can't tell. - They asked me to give them a Dram; and I was in Liquor. I miss'd my Watch next Morning; and hearing the Prisoner had it, I got a Warrant, and took her up: While we were carrying her along, she desired I would go back with her, and accordingly I did, and she return'd me the Watch, the Seal, and the King's Road Ticket; but she said it was not she who took it from me, she told me the other Woman took it, and gave it to her.
Prisoner. Pray did not the other Woman - sit upon your Knee?
Selwin. No, she did not; but the Prisoner did. I had both Gold and Silver in my Pocket at the same Time, to the Amount of 3 or 4 l. but they did not meddle with that.
Prisoner. When he and I went into this House, we went up Stairs together; and the other Woman was jealous, because he took more Notice of me, than he did of her, and so she went to him, and sat upon his Knee.
Ann Wilford . I have known the Prisoner about a Year and a half, or two Years. Her Character! - as to that, - I can't talk about that: But the Man did come in with the Women, and the Prisoner was one of them; I serv'd them with Liquor; they had five Half-pints of Wine, and after the last Half-pint was serv'd them, my Maid came down, and asked me, if I would take the Gentleman's Watch in Pawn for a Guinea? Money was short with me, and I told her I would not. The Maid that serv'd them with Liquor, was not the other Person - who sat upon his Knee, and that's all I know of the Matter.
Esther Buckley . No, I was the Servant in the House, - at that Time. They had five Half-pints of Wine, and when the Reckoning came to be paid, the Gentleman gave me - but half a Crown, and a Piece of Paper, and told me he had no more Money; then he pull'd out his Watch, and desired me to go down to my Mistress and get a Guinea upon it: My Mistress would not lend the Money, so I carried it up to him again, and I saw him give it to the other Woman who was then with him - not to the Prisoner. Indeed he was very much in Liquor.
Ann Lucas . The Prosecutor lost his Watch on Sunday Night; and on Monday Night as I was out - looking for my Husband, the Prosecutor laid hold of me in Oxendon-street; I told him I did not know him really; come, come (says he) is signifies nothing for you to deny it, - You have got my Watch, and if you won't go with me, I will swear a Robbery against you; I ask'd him where he lost it? He told me, - at such a House. I went with him thither, and the People knew nothing of me. Upon this he treated me with a Pot of Beet, asked my Pardon, - and so we parted.
James Burnet . On Tuesday Night, after the Man had lost his Watch, I was drinking at the Butchers Arms, the Corner of Lombard-Court, and there I saw the Prisoner in Custody of a Constable. In a little time they went out, and came in again in half an Hour; and then the Gentleman told the Constable, he must discharge the Prisoner, for he had nothing to say against her: The Constable said, he could not do it, without carrying her before a Justice; no Justice was to be found, so the Constable would have carry'd her to the Round-house; but the Landlord said, the Prisoner was a Gentlewoman of - such Honour, - that she would to be sure come again in the Morning; so the Constable took her Word, and she accordingly came.
Ellen Dillon . I have known her four Year Her Husband and Mine are now at Sea together. She always behaved well. Acquitted .
455, 456. John Waters and Mary Waters were indicted for stealing a Pair of Sheets, val. 5 s. a Pair of smoothing Irons, val. 1 s. 6 d. and a Sauce-pan, val. 18 d. the Goods of John Lavars , in their Lodging , April. 5 . John Waters , Guilty, 10 d. Mary [being his Wife] Acquitted .
457. Thomas Fowke , of London, Labourer , was indicted, for that he on the 31st of August, in the 11th Year of the Reign of her late Majesty Queen Anne, at the Parish of Alhallows in the Wall, married Sarah Parsley , and her had to his Wife : And afterwards, viz. on the 10th of October, in the 9th Year of his Present Majesty , at the Parish of St. Andrew Wardrobe , feloniously married Ann Fowke , Widow; Sarah, his former Wife, being then in full Life .
The Council for the Prosecution having open'd the Charge and the Nature of the Offence, the Witnesses were called.
Counc. See if you find the Entry of Fowke's Marriage in 1712.
Fisher. Here it is. Clerk reads.
''Marriages. (The Title at the Top) Thomas
Counc. How long have you been Clerk?
Fisher. About five Years.
Counc. Is the Person living, who was Minister in 1712.
Fisher. No. The Minister, Clerk, and Sexton, are all dead: But this is the Book in which the Entries were then made; 'tis the Register Book of our Parish. I came in, on the Death of my Predecessor: His Name was Samuel Wallington , and he had been Clerk twenty-seven Years. The Minister keeps it in his Possession, and I fetched it from his House Yesterday.
Elizabeth Wilson . I know the Prisoner: He's my Son in-Law, by marrying my Daughter-in-Law; her Name was Sarah Parsley . I have known the Prisoner, - but twenty-seven Years the 1st Day of last August.
Counc. Was you at the Wedding?
Wilson. No; I staid at Home to dress the Wedding Dinner: But a Kinswoman of my Husband's, was at the Wedding, and one John North gave her away. They all went out together, and at Night I bedded them. I remember it all very well. Why they lived together in my House a Fortnight, before they took a House for themselves. The Prisoner had two Children by her: They are both now alive, and the eldest is in her 26th Year; that was a Daughter, and the Son is, - (stay, I would not tell a Lye) the Son is in his 25th Year. They lived together a great while in Bishopsgate Parish.
Wilson. She died three Quarters of a Year after he marry'd this second Wife. The Books are here to shew it.
Counc. When did she die?
Wilson. She has been dead about three Years, I believe. I cannot remember the Year, - I would not tell a Lie, if you'd give me all the World.
Counc. After they had taken a House for themselves, how long did they live together?
Wilson. About six Years; and he all the time acknowledged her for his Wife.
Counc. You say you remember their going out to be married on the 31st of August.
Wilson. Yes, very well: It was on a Sunday Morning, twenty-seven Years ago. I might very well remember it, for I was married to her Father five Years before, at the same Church, by Dr. Richardson.
Counc. You say they lived together five or six Years afterward.
Wilson. Between six and seven they lived together, and then Tom. Fowke (the Prisoner) left her, and she was forced to go to the Parish where he served his time, for Relief of her and her two Children. When she was sick, I saw her, and she died with Grief.
Counc. When was the last Time you saw her alive?
Wilson. I believe it was two Years before she died, less than two Years, but I heard from her within that time. 'Tis now about 5 Years since I saw her, - within five Years, I am sure of it, - but I am old and don't remember particular Days. He cohabited with her sometime after the Marriage at my House, and they lived together six or seven Years I dressed the Wedding Dinner,
Counc. You say he lived with her six or seven Years?
Wilson. Yes: And after that he left her, and liv'd upon the Strole, and lov'd to gad about, as Men do too much that have the Breeches, and she was forced to put herself and Children on the Parish, while he lived where he pleased, as most Men like to do.
Robert Crane . I know the Prisoner; I knew his Wife, Sarah Parsley , before she was marry'd to him: And I knew her after she was marry'd, six or seven Years. I saw her alive, the 24th of April, 1736, at the House of one Raddish, at the Sign of Hackney Town, in Bishopsgate-street. She had lived there about fourteen or fifteen Years. I am sure she was alive then, for I drank a Pint of Ale there, and saw her, but when she died I can't tell.
Counc. Was you at the Wedding?
Crane. No; but I remember their living together after they were marry'd, and he and I worked together after that. John North , who gave her away, is my First-Cousen, and I was a Relation of Sarah Parsley's, at a vast Distance. After the Prisoner left her, she made her Application to this Raddish, who was Clerk to a Brewer, and kept an Alehouse, and he took her to be his 24th of April 1736, because I was then at work, at Joiners Hall, and having 15c.wt. and one Quarter of Lead to carry, I went there to hasten the Carman, and this appears by my Books.
Counc. See for the Burials in September 1736.
Clerk reads. ''Burials; September 1736, Sarah ''Fowke, the 9th. Aged 47.'
Ann Fowke . I know the Prisoner to my Sorrow. I was married to him the 10th of October 1735. We were married at St. Andrews Wardrobe , and Mr. Wright, the Coroner, gave me away. He was the Father, and persuaded me to have him. I knew the Prisoner about three Years before I was married to him, but not for any Harm. I was a Widdow, and of the same Name with the Prisoner, but not related to him.
Prisoner. Did not you know me longer than three Years? Did not you know me seven or eight Years before Marriage?
Mrs. Fowke. I can't justly say: He lived in the Neighbourhood, but I belive not seven or eight Years.
Prisoner. How long did you live with me before Marriage?
Mrs. Fowke. Not at all. I did not live with you in any Dishonesty.
Prisoner. She was my Housekeeper, in St. Margaret's, Westminster, three Years.
Mrs. Fowke. He never was able to keep a Table in his Life.
Clerk reads. ''Married in St. Andrew's Ward-robe ''and St. Ann's Black Fryars, Anno Domini ''1735, October 10th, Thomas Fowke, ''Widower, of St. Margaret's Westminster, ''and Ann Fowke, Widow, of the same ''Place: By William Grainger .''
I was present at this Marriage, but 'tis impossible for me to remember Faces. I have often seen the Woman, because I have been called upon other Trials.
The Council for the Prisoner, as a Point of Law, took Notice of the long Separation there had been between the Prisoner and his first Wife. That it might be presumed, after so long an Absence, he might not know she was living and that there was a Proviso in the Statute, which restrained it from extending to any Person whose Husband or Wife should continually remain for the Space of Seven Years beyond the Seas; or whose Husband or Wife should absent himself or herself for Seven Years, within any Part of his Majesty's Dominions, the one from the other; and the Party so left, not knowing the other to be alive: And as there had been no Proof given of the Defendant's knowing his first Wife was alive, they hoped he was not within the Statute.
Prisoner. As to her Separation, there's Raddish to call; I don't know his Christian Name: but he's the Person she lived with.
Raddish appeared; but the Prisoner would not have him sworn for him: Upon which he was called by the Council for the Prosecution, and sworn.
Raddish. No; but I have seen him at my House several times before the Death of the Woman, and he has seen her often at my House.
Council. Have you seen him at your House, within nine or 10 Years last past?
Raddish. I have seen him who they said was her Husband; but I never spake three Words to him in my Life; - I don't know him; I never saw him to take Notice of him; but I have seen him, and when he has been gone, People have told me, That Man was Sarah Parsley's Husband. He has been often at our House.
The Witness being old, and his Sight weak, he was ordered to go to the Bar, and look at the Prisoner.
Council. Now you have seen him, do you know him? Have you ever seen him before?
Raddish. Yes: I reckon he is the Man; I have seen him at my House; but I cannot justly tell how long before her Death: I believe it might be a Year. This was the last Time I saw him, and before he went out of the House, I sat down by him, and when he was gone, the People told me he was Sarah Parsley's Husband.
Counc. Did he then see Sarah Parsley?
Raddish. I don't know whether she was dead or alive then.
Counc. Just now you said it was before her Death.
Raddish. I can't well tell when it was.
Counc. At the time this Man was in your House, did she come into the Room to you?
Raddish. She did not then; there was only he and I in the Room: I don't know where she was at that time: She commonly went out of the House when he came in, and staid till he was gone.
Counc. Did he ever come but that Time?
Raddish. As they told me, he had been there a great many times; but I never saw him to know him but that time: and then I sat down with him, and talk'd with him, about its being fine Weather - a fine Season; but I was not with him Half a Quarter of an Hour. When he went out, the Neighbours asked me if I knew who that Man was? I said no; they told me it was Sarah Fowkes's Husband: And I am sure she was then alive.
Counc. And how long is this ago?
Raddish. About four or five Years ago. The Prisoner is the Man; I believe he is the Man.
Mr. Crane. About ten Years ago, the Prisoner and I went into Raddish's House, and had a Pot of Beer; but I did not see his Wife. He reported that she lived with Raddish, and was his Whore; this was about eight or nine Years ago; he often said, she was a Whore and a Bitch, and lived with old Raddish, and tuck'd him up, and lay with him. This he often said, between eight and nine Years ago. I am positive it was within nine Years, and that within that Time I have asked him, When he saw his Wife? And he has said, - D-mn her, I have not seen her, - so long. We often talked about her; I have had some Conversation with him since that Time; but his Wife was not mentioned, except once, and that was about three Months ago; I then saw him in the Tipstaff's House, and ask'd him, how he could be so base, to marry another Woman, when his first Wife was alive? D-mn it, (said he) what's that to you?
Counc. How long ago is it since you had any Conversation with him about his Wife, in her Life-Time?
Crane. I can't be positive to half a Year. 'Tis nine Years ago, or thereabout.
Counc. Are you sure it was within ten Years, or eleven Years?
Council to Raddish. Did not she die at your House?
The Jury found the Prisoner Guilty .
Mary Candy was indicted for stealing a Copper Tea-Kettle, val. 2 s. a Copper Lamp, val. 1 s. and other Things , the Goods of Ambrose Clark , Aug. 25 . Guilty 10 d.
466. Jarib Watts , of St. George's Hanover Square , Schoolmaster , was indicted for assaulting Judith, the Wife of William Redman , and giving her a mortal Bruise on the Left Side of the Head, by striking, beating, casting her to the Ground, and breaking her Jaw-Bone; of which mortal Bruise, and breaking her Jaw Bone, she instantly died , Aug. 20 .
William Pemberton . I keep a Publick House, the Coach and Horses in Conduit-street . On the 20th of August, about Three o'Clock in the Afternoon, I lay down on a Bed in a Closet behind the Room where the Accident happened. About Six, some Carpenters, who were at Work in the Yard, making a Noise, I 'wak'd, and heard the Word - Bitch, in the little Room. 'Twas a small Drinking-Room on the Ground-Floor, and parted off from the Room where I lay by a Single-deal Partition, pannell'd. I imagin'd somebody was abusing my Wife, so I got up; and as I was coming through this little Room, I saw the Prisoner with his Left Arm round the Deceased's Neck, and his Right Hand somewhere on her Breast. Lord, Sir, said I, what's the Matter! His Answer was, - The Gentlewoman is in a Fit! In a Fit, said I! I am afraid 'tis something worse; how came her Mouth to be so bloody? For the Blood ran from her Mouth down her Stays and her Apron, and she was sitting in a Chair, with her Head lolling back over his Arm: I called three times for Water, and the fourth time it was brought: I sprinkled some in her Face, and endeavoured to make her drink some; but she was gone. While I was doing this, the Prisoner escaped out of the Room, and left some new Linnen behind him, and a little Child of the Deceased followed him, crying. Some small Time after this, another Child of the Deceased came to our House, and said, Lord, Sir! I hear my Mother is killed, pray let me see her. I told him his Mother was better, and asked him where his Mother used to buy Linnen? He told me - at the Corner of Carnaby Market. I took the Child and the Linnen to the Place, and the Man knew it, and said it was bought of him about Four o'Clock that Evening. The Boy then told us the Prisoner's Name was Watts, and that he used to meet his Mother at one Carter's, the Red Cross in May-Fair. We went thither, and Carter said the Prisoner had not been there for three or four Days; he believed we might find him at Kensington, where he was Usher in a School. At Kensington we enquired after him a good while to no Purpose; but at last, one who was with us having some Acquaintance with Carter's Son, (who was Coachman to Madam Jacob at Kensington) he put us upon going to the Stables where the Coachman lay. When we came there, we ask'd if Mr. Watts was not there? and, to prevent Suspicion, I shamm'd drunk, and said, I would drink no more. Carter's Son spoke to us out of a Window, and asked us what we wanted with him? We told him we wanted to speak with him: Upon which he [Carter] came down and open'd the Door: Then we got in, and upon searching the Hay-loft, I observed some Straw to stand up against the Wall; I put it aside with my Stick, and found the Prisoner behind it. We searched him, and found nothing upon him but his Penknife. His Ruffles and his Right Hand were bloody, and he had the same Shirt on when we carry'd him before the Justice.
Prisoner's Q. Was the Door of the Room in which you was asleep lock'd, or unlock'd?
Pemberton. There is a Lock to it; but whether it was lock'd or no, I can't tell. 'Twas not lock'd when I came out.
Prisoner. Is there not a Window in the Room where this happen'd, which looks into the Yard where the Carpenters were at Work?
Pemberton. Yes; and there is a Glass Door, with a Curtain before it, which looks into the Common Drinking Room.
Prisoner. Did not I call for Water, and desire Assistance?
Pemberton. Not, as I remember.
Prisoner. Was not you in Liquor at that Time?
Pemberton. I was as sober then, as I am now.
Lochlan Maclaughlan deposed, that he was going by the Door about Six that Evening, and hearing a Woman was dying in the House, he went in, and found her siting in a Chair: Mr. Pemberton was washing the Blood from her Mouth. Her Pulse was gone: But she being warm, he open'd a Vein, and she bled about a Spoonful or two. He said there was the Mark of a Blow, or Fall, upon her Left Jaw; that she had bleed much at her Mouth, and that he saw no other Marks of Violence upon her.
William Graves gave an Account, that he was sitting that Evening at Pemberton's Door, and the Prisoner came out of the House and asked him to direct him to Mr. Despagnol's House, the Surgeon; which he did; and the Prisoner ran down the Street, towards the House. That immediately afterward, he heard a Woman was dead in the House; upon which he went in, and found her sitting in a Chair, bleeding at the Mouth, and her Head lolling on one Side. That he thought proper to wipe the blood out of her Mouth, and finding her dead, he went to Mr. Despagnol's, to enquire if any body had been to fetch him to a Woman at this House, and was informed, that no one had been there for above an Hour past, upon which he told them, the Woman had not been dead above half an Hour. He added, That he saw the Prisoner the Day after he was taken, and was positive he was the Man that he directed to Mr. Despagnol's. That he had sat at the Door about half an Hour, before the Prisoner came out; that the Place where he sat, was about the Breadth of the Court from the Room in which the Woman died, and that the Prisoner came out at the Back-door.
John Jones deposed, That the Prisoner came to him last Monday was a Fortnight, and told him, that he had appointed Mrs. Redman to meet him at The Coach and Horses about buying some Cloth; that he went to her there, and Words arising about the Liquor, and the Price for making the Shirts, she told him she would sooner go a-digging, than work for such a Scrub-dog as he. That he told her he was no more a Dog, than she was a Bitch; upon which she told him, she would split his Brains out, and snatching up an Apple, in throwing it at him, she fell down. That upon lifting her up, she bled at the Mouth, and the Landlord coming in, while he was wiping off the blood, he called for Water, and desired him three Times to get a Surgeon, which the Landlord not doing, he went to Mr. Despagnol's himself; but he not being at home, nor any Surgeon to be found, at two or three other Places where he went for one, he returned to Pemberton's Door, and hearing the Woman was dead, he was struck with such a Terror, that he could not go in, but came directly to this Witness, and gave him this Account, desiring his Advice, what to do. The Witness said, he advised him to keep out of the Way 'till the Sessions began, and then to surrender himself and take his Trial. He gave the Prisoner the Character of a very quiet, peaceable Man, and not at all given to Quarrelling.
Thomas Carter deposed, That the Prisoner came to him that Night, about Seven in the Evening, and told him much the same Story; that he advised the Prisoner to surrender, but he being unwilling to do so, because he had no Money to keep him in Goal, the Witness consented to let him stay with him, and John Jones was to bring him Word next Morning, whether the Woman was dead or not. This Witness confirmed the Account given by Mr. Pemberton, of the Prisoner's being taken behind the Straw in the Hayloft.
Richard Twist deposed, That he was a Carpenter, and had some Men at Work in Pemberton's Yard when this Accident happened. That at Six o'Clock that Evening he was drinking with two or three Friends in the publick Room, which is parted from that, in which the Prisoner and the Deceased then were, but by a slight Partition. That he heard no Noise, 'till Pemberton came to the Door and called for Water; and about six Minutes after this, he went into the Room, and found the Deceased and the Prisoner in the Condition and Situation related by the former Witnesses, and Mr. Pemberton was endeavouring to give her some Water. That she had lost all Motion, when he came into the Room, and the Prisoner told him she had fell down against a Chair, and had hurt herself; that upon his saying she was dead, the Prisoner then went for a Surgeon, and did not attempt to go before. This Witness gave an Account of her Child's coming to enquire for his Mother, by which Means they came to the Knowledge of the Prisoner, and he believed if there had been any extraordinary Noise made he should have heard it, - but he heard none.
Peter Maccullogh , the Surgeon, deposed, That he viewed the Body of the deceased two Days after her Death. That it was then so corrupted, he could not perceive any Marks of Violence upon it, only that the lower Jaw-bone was broke, and upon opening the Head and Breast, he found a great Quantity of extravasated Blood in the Cavities of the Brain and Stomach, which might be occasioned (he thought) by a violent Blow, or a sudden Fall, which shook the Brain, and made the Blood Vessels start.
The Prisoner's Examination before Sir Edward Hill , was produced, and (being proved) was read. It contain'd the Account the Prisoner gave to Sir Edward, of the Accident, and was agreeable to that given by the Prisoner to the former Witnesses.
Samuel Brown , a Chairman, depos'd, That the Prisoner enquired of him in Bond-street for any Surgeon; he directed him to Mr. Ranby, but did not see whether he went to the House or not. And William Allen his Partner confirm'd his Evidence.
Mrs. Cox, (Wife of the Gentleman at Kensington to whom the Prisoner was Usher) Mr. Wiseman Holt, (a Clergyman) John Kelly , Thomas Woodward , and Edward Bland , gave the Prisoner the Character of an honest, good-natur'd, grave, peaceable Man. Acquitted .
468. Catherine Floyd , alias Huggins , was indicted for stealing a Pair of Mens black Silk Stockings, val. 7 s. and a Pair of Womens white Cotten ditto, val. 4 s. the Goods of Sarah Hatt , in her Shop , Aug. 18 . Guilty, 10 d.
Richard Summer. On the 29th of July I met the Prisoner in Well Court , between Charterhouse-Lane and Long-Lane, and she ask'd me to make her drink; so she pick't me up, and carry'd me to a House, and we went up Stairs: I staid an Hour with her, drinking Gin, and when I came down Stairs, I found she had pick'd my Pocket of my Watch. She was a Stranger to me, but yet I would go and drink with her, and I had my Watch when I went into the House with her, for I look'd to see what it was a Clock, when I was about 3 or 400 Yards from the Door. While we were above Stairs together, we only sat talking together, - she on one Chair, and I on another, we and after we had talk'd and drank together, we came down Stairs, and in the Entry she pick'd the Watch out of my Fob; - 'twas not in the Room, - 'twas in the Entry, and I felt her Hand in the Pocket when she took it out: As soon as she had pull'd it away from me, she ran into another House: I did not cry, Stop Thief, but I ran after her, and could not overtake her before she got into the House; and when I enquired for her at that House, the People told me there was no such Woman there. About 10 Days afterward I took her, and she was carry'd before the Lord Mayor, who committed her to Newgate; when she was before him, she deny'd the Fact.
Prisoner. He says he was in a Room with me, up one Pair of Stairs, - 'tis a Ground room of mine, where I have liv'd these two Years: He was above Stairs indeed, in a Room next Door to me, where there is only two Stools, and a Chair. He put another Woman in the Warrant with me, and he keeps her out of the Way, and prosecutes me, because my Name's Allen, and I threw a Pot of Water in his Face.
Esther Rawlins . The Day the Prisoner was carried to my Lord Mayor's, they had no hearing, so they went to Guild-hall to have a Hearing there, and they call'd in at an Alehouse by Guildhall: One Moll Gunn was with us, who had (caused) this Bess Allen (to be) taken up; and Moll Gunn said to the Prosecutor, - if he did not swear directly that this Bess Allen had the Watch, Bess would do her a Mischief; upon which he said he would swear it downright, because she should not hurt her. In the next Place there is Bess Barnes, who says this Gentleman was robb'd in her Entry, by Betty Allen , - by the same Token he said he would swear downright to her.
Prisoner. He promised to fetch Moll Gunn's Gown out of Pawn; he treated her with a Dinner every Day at the Cat Alehouse in Charterhouse-Lane, to keep out of the Way.
Summer. This Woman (Rawlins) was the very Person that impeach'd the Prisoner.
Rawlins. The last Time the Prosecutor gave Gunn a Dinner, she was angry that I came to take a Bit with them, and he would not let me.
Summer. I did not hinder you.
Rawlins. She (Moll Gunn) said she could do his Business for him, in swearing against this Woman, and now she's run away.
Summer. This Woman came after me to the Cat, and said she could swear it upon her; she was the Person who pawn'd the Watch. Acquitted .
470. Catherine Goodyere was indicted for stealing five Portugal Pieces of Gold, val. 36 s. each, two Moydores, a Guinea and a Half-Guinea, the Property of Richard Summer , in the Dwelling-house of Richard Goodyere , July 29 .
Richard Summer. On the 29th of July, as I was coming along the Devil's-Nook, - 'tis an Alley in Long-Lane, I met with Richard Goodyere , so he and I went to drink together at the Green Dragon in Long-Lane: I had a Horse to dispose of, and he was to help me to a Chap who was to buy him,
* See the preceeding Trial of Elizabeth Allen.
Prisoner. Ask him if he has not been robb'd, since?
A Gentleman. He has been simple enough to be robb'd of 70 l. since this.
Prisoner. Richard Goodyere was my Husband: He died in Goal, on this Account. Here's my Certificate.
Summer. They were a-bed together when they were taken, and I believe they said they were Man and Wife before the Lord Mayor.
The Certificate was read.
'' These are to certify, that Richard Goodyere , '' Brewer's Servant, of St. Sepulchre's, Batchelor, '' and Catherine Watkins , Widow, were '' marry'd in St. Sepulchre's Parish, in London, '' the 30th of July 1739, according to the '' Rites and Ceremonies of the Church of '' England, as appears by the Register in the '' Custody of '' W. WIAT, Minister.''
Summer. But I am sure I was robb'd the 29th of July. She took the Money out of my Hand the 29th, and I charge her only, with taking it in the Warrant: I am positive she is the Woman. I saw her (I believe) once before, in Smithfield; she is a remarkable Woman, and is a little humpback'd.
Prisoner. Ask him if he did not ask my Husband to give him some of the Money again, and if he did not tell him he had none of it?
Summer. I did ask him to give me some of it again, before he was committed; I should have been glad to have got some of it again. Guilty, 39 s.
471. Richard Cox was indicted for assaulting Richard Price , in the Dwelling-house of George Thorn , kicking him down on a boarded Floor, and giving him, with both his Hands and Feet, several mortal Bruises on the Head, Breast, Belly, Back, Sides and Groin, of which he languished from the 20th to the 23d of August, and then died .
He was a 2d Time charged, by vertue of the Coroner's Inquest, for feloniously slaying the said Price.
It appear'd from the Evidence, that Thorn kept a Chandler's Shop, and the Deceased meeting with the Prisoner there, the Deceased call'd the Prisoner Black-guard Rogue and Rascal, and told him he was a Bailiff's Follower, and they were worse than Dogs; that the Prisoner call'd him Blockhead, and bid him be quiet, but the Deceased (being a little in Liquor) went up to him, threw his Hat in the Prisoner's Face, and tore his Coat; upon which the Prisoner, as he sat upon a little Table, gave the Deceased a little Kick on the Backside, and bid him be gone; but he (the Deceased) turn'd, and gave the Prisoner a Blow in the Face, and then they laid hold of each other, and fell to the Ground together. The Prisoner got up, and the Deceased told him, - he would do for him. The Witnesses gave no farther Account of Blows, or Kicks, only that the Prisoner complain'd of the Deceased's having pull'd him twice by the Nose, and the Deceased told him it was no more than he deserv'd.
Other Witness deposed, That the Deceased being in Extremity in Thorn's House after the Fray, they would have had him blooded, but Mrs. Thorn declared, she'd have none of his nasty Blood there; upon which he was carried Home, and declared to his Death, that the Prisoner had murdered him, and that when he lay upon the Ground, Mr. Thorn and one Meredith (a lame Man) and the
The Jury Acquitted the Prisoner of the Murder, and found he killed the Deceased in his own Defence .
473. Christopher Oakley was indicted for stealing a Man's Hat, a Brass Cover for a Pot, a Pewter Cullender, the Goods of Daniel Bartran ; And a Green Duffel Waistcoat, and four Pair of Cloggs , the Goods of William Merriman , July 18 . Guilty .
478. Marina Price was indicted for stealing two Holland Shirts with Cambrick Sleeves, value 30 s. and a great Quantity of other Linnen, val. 3 l. 4 s. the Goods of Isaac Mumford , in his Dwelling House , July 29 . Guilty, 39 s.
482, 483. Robert Cogglesnead , and James Steward were indicted for stealing two Ells of Linnen, three Mobbs, and Two Shilling, and Two Pence, in Money , the Property of Grace Coulthurst , July 25 . Both Acquitted .
Woodall. I am a Pipe-borer to the New River Company. I was coming home from Work about Ten o'Clock at Night, on the 19th of August, and the Prisoner asked me to give her a Pint of Beer; I told her I would spend my three Halfpence with her, and she carried me to a private House, a Ginhouse in Love-Court, in George-Alley , between Shoe-Lane and the New Market. We had two Quarterns of Gin, and I staid with her about Half an Hour. I had my Watch at a Quarter past Ten, and miss'd it before she went down Stairs. We had been pretty near together, and I felt her pluck something out of my Pocket, but I could not tell what it was: As soon as I miss'd it, I ran down Stairs after the Prisoner, and met a Woman upon the Stairs, and she blew the Candle out, to prevent my following her; but I pursu'd her, and found her out; and took her last Friday, but she would confess nothing, and I have never seen my Watch since.
Prisoner. Ask him if he did not promise to give me a Shilling?
Woodall. No: I promis'd her nothing, but she made bold to pay herself well, - for she got my Watch, and that's the Truth.
Prisoner. Ask him if there was not another Woman in Company with us.
Woodall. There was another Woman who brought the Liquor, but she only staid to drink two Glasses of Gin.
Ann Coome . When this Woman was put in the Compter, I happen'd to be there myself, and I ask'd her, what she was brought in for? She told me, - for picking a Cull's Pocket of a Loge, (a Watch) three Weeks ago, which I have sold for - Money, said she.
Prisoner. This Woman is a nasty drunken Creature, and knows nothing of the Matter: 'Twas the other Woman that was in the Room with us, who took the Watch. The Man shook Hands with me when I left him, and he bid me Good-night. Guilty, 10 d.
Mary Sharping . I live at Mr. Jellicot's, in the House with on Mr. Geary a Grenadier; he told me, That one Mr. Morris had a Watch to pawn, and desired me to go with it. This is the Watch; I took particular Notice of it when I pawned it.
Prisoner. Benjamin Clark came to me to enquire if I knew the Girl that had his Watch: He said I was not the Person that took it from him. The Boy told his Father he lost it behind the Hammersmith Stage-Coach. Acquitted .
The Prosecutor not appearing the Prisoner was Acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 5.
BURNT in the HAND, 1.
D - E - ,
Printed for T. COOPER, in Pater-noster-Row, (Price Sixpence)
THE TRIAL of MAURITIUS VALE, Esq; Counsellor at Law, at his Majesty's Supreme Court of Judicature at St. Jage de la Vega, in the Island of Jamaica, before the Hon. John Gregory , Esq; Chief Justice of the said Court, and the Justices his Associates there, for the Murder of Mr. John Stevens , Merchant of that Place.
To which is added,
The LETTER wrote by Mr. Vale and sent to Mrs. G - y the Night before the Day appointed for his Execution: As also the Paper left behind him, as his Dying Words, the same Night found under him after he had cut his Throat.