WEDNESDAY the 17th, THURSDAY the 18th, FRIDAY the
19th, of October.
In the 13th Year of His MAJESTY'S Reign.
Eighth SESSIONS in the MAYORALTY
Right Honourable Micajah Perry, Esquire,
LORD - MAYOR of the CITY of LONDON.
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Of whom may be had any of the preceding Numbers, or complete Sets on fine large Paper.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable MICAJAH PERRY , Esq; Lord-Mayor of the City of London; the Right Honourable the Lord Chief Justice LEE, Mr. Justice DENTON, 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.
490 Thomas Hanning , of London, Labourer , was indicted, for that he on the 21st of August , in the Parish of St. Giles, without Cripplegate , with Force and Arms, feloniously and unlawfully procured John Hough , (he being a Subject of our Lord the King) to enlist and enter himself as a Soldier for the King of Prussia, without Leave first had and obtained, under the Sign Manual of our Lord the King, in Contempt of our Sovereign Lord the King, and his Laws; to the evil Example of others, offending; against the Peace of our Lord the King, &c. and against the Statute in that Case made and provided .
The Indictment further charged, - That he, the said Thomas Hanning, afterward, to wit, on the 21st of August, in the Parish aforesaid, with Force and Arms, feloniously and unlawfully hired and retained John Hough , (he being a Subject of our Lord the King) with an Intent to cause the said Hough to enlist and enter himself to serve the King of Prussia, as a Soldier; without Leave first had and obtained, &c. &c.
The Councel for the King having opened the Indictment, and the Nature of the Offence, (which was made Felony without Benefit of the Clergy, by the IXth of his Present Majesty) and having taken Notice of the evil, Consequences of this Practice, and the Nature of the Evidence to support the Indictment, John Hough was swornn.
Hough. I am an English Man, born in Warwickshire; by Trade I am a Taylor, but I have been a Grenadier in the first Troop of Horse-Guards these four Years.
Counc. Was any Application made to you to quit the King's Service, for any other?
Hough. I did not think proper to leave my King and Country, to serve the King of Prussia, but I have had great Encouragement to do it.
Connc. From whom, and when?
Hough. About the Beginning of last August, or the latter End of the other Month, (it was last August) one Carrol came to my House, and
Counc. What Day was it when he produced that Paper?
Hough. It was in the Beginning of August, but I cannot tell the Day exactly. The next Day we met at Guild-hall Coffeehouse, and agreed to meet again in the Evening at the Crown, in Princes street, near the Royal Exchange: There we drank Beer, and had Oysters for Supper, and the Prisoner paid the Reckoning; he was too honourable to let me pay any Thing; I never paid but one Two-pence in his Company, and that was at this Place, when our Reck nig once came to 20 d. and he paid 18 d. and I laid down 2 d. At this Time he appointed me to meet him the next Morning, and he then told me, he had got a young Gentleman (whose Father had a Place under the King) to go Abroad with me, and who was taller than me by an Inch or two, and the Gentleman would be glad of my Company, and we might pass for Brothers. The Day following this, we met at Guildhall Coffeehouse again, and he talk'd about the young Man that was to go with me; I have since found it was one Charles Clay , who had lately been discharged out of Newgate, that was to pass for my Brother, and to go with me to Prussia. This Man the Prisoner brought with him the next Day to Guildhall Coffeehouse, and there he told me he would make Anderson's Promise good, and would make up 10 l. for me here, and 10 l. more he would give me when I came on the other Side of the Water.
Counc. What was you to have this Money for?
Hough. The Prisoner was to give me this Money to go over to be one of his Majesty's Gentlemen, as they are stil'd, - to be one of the King's Body Guard: The King's Gentlemen is the usual Appellation given to his Body Guards; - we call them here the King's Gentlemen, and to be sure 'tis so Abroad. Our next Meeting was at the Crown Tavern at Cripplegate, and he would have had us have brought our Wives with us; but I refus'd, and said, no, no, we'll have no Wives with us. When the Prisoner order'd me to meet him at the Crown at Cripplegate, he wrote me this Paper of Directions. - I saw him write it with his own Hand.
Counc. You say he agreed to give you 10 l. here, and 10 l. on the other Side the Water, - what was you to do for it it?
Hough. I was to serve the King of Prussia, as one of his Body Guard. I asked him how I should be sure of the Money when I got Abroad, and he swore, by the Eternal God, I should have it. He likewise told me, he would give me some Cloth to make up against I went Abroad, and he
Counc. On what Account did he give you these 14 s. at this Time?
Hough. This was the Day after I had the Thirty-six Shilling Piece; and he gave me the 14 s. to buy other Things (as I thought proper) in order to my going over with him. I had made an Information of all this, sometime before, to Colonel Deveil, but there was no Warrant granted, because he said he would acquaint the Lord Harrington with the Affair; but in the mean Time I discover'd it to my Officers, and they inform'd my Lord Albemarle, and then I had a Warrant to take them up; but upon enquiring after the Prisoner, we found he was gone on board to provide for our Passage; Carrol and Anderson were fled before, and the Constable and I went several Times to the Prisoner's House, and we were told he was gone Abroad likewise.
Counc. Had you any more Money of the Prisoner, than the 36 s. and the 14 s. which you have mentioned?
Hough. Yes; I had several small Parcels before, which he gave me for my Keeping till I went with him to the Ship.
Counc. What Excuse did you make to him for not going?
Hough. He press'd me to make haste, because the Captain was going; but my Intent was not to go, tho' I promis'd him I would: I told him, I would get my Things ready as soon as possible. And after I had a Warrant to take these People up, I went immediately about it; but they were all fled. Carrol, I hear, is in Ireland, and Anderson is with the Prisoner's Brother at Dunkirk. The Prisoner was taken at the Dolphin Inn without Bishopsgate; he was to have gone Abroad next Day.
Counc. How far was August run out before the Prisoner was taken?
Hough. We were never three Days asunder in the whole Time. The last Money I receiv'd of him was on the 22d of August.
Counc. How long was that before he was taken up?
Hough. He had left his Lodging four Nights, and was taken nine or ten Days after at the Dolphin Inn.
Counc. Look on these Papers. - Are you sure the Prisoner wrote them?
Hough. Here's three Directions: These two I saw him write with his own Hand. The Papers were read.
'' 12. At the Crown Tavern, Cripplegate.
'' At the Bare, (Bear) Castle-street, against the '' Meuse.
'' 12. At the Crown Tavern, Cripplegate.''
Hough. The second Direction to the Crown, the Prisoner wrote, because the first was not wrote plain enough for me.
Counc. Are you sure what Day in August you met the Prisoner at the Crown at Cripplegate?
Hough. I am sure it was the 21st or 22d. The last time I met him was on the 22d of August, and that was at the Crown in Princes street.
Counc. When was the first time you met at the Crown at Cripplegate?
Hough. The first time was in the Beginning of August; but when he gave me the 36 s. it was about the 20th or 21st, and I am sure it was a Thirty-six Shilling Piece, for I put it off for so much; and I received it from him, for going to Prussia to serve in that King's Body Guards. He said he did not know how soon the Ship would sail, and I said, - I did not care how soon I went.
Prisoner. What Day of the Week was the 14 s. given you?
Hough. I can't tell what Day of the Week it was; but 'is my Opinion it was on the 22d of
Prisoner. You say I paid you other small Sums at different Times, what were they for?
Hough. He gave me 3 s. 6 d. and such small Sums, for my Keeping, and those little Sums were to be made up 10 l. here, and I was to have 10 l. more on the other Side the Water; he told me so, when he gave me the second little Parcel of Money. He gave me 4 s. 6 d. at Guildhall Coffeehouse, and bid me speak if I wanted any thing, for whatever I wanted I should have, while I was here.
Prisoner. Did I mention one Word to you of serving in the King of Prussia's Army, or in the Body Guards?
Hough. He did, as God is my Judge, twenty times over.
Prisoner. At what Place was you first told, that you was to serve in the King of Prussia's Army?
Hough. At the Cross Keys, by the Exchange; where he shew'd me the Commission: and that was in the Beginning of August.
Prisoner. Was your Name enter'd in any List or Roll?
Hough. I believe you know that is what cannot be done. The Roll, I suppose, is kept on the other Side the Water.
Prisoner. Have not you apply'd to me for Work as a Taylor?
Hough. The Prisoner promis'd to employ me several Times during our Meetings, but he never was as good as his Word.
Prisoner. And was not you angry with me for not employing you?
Hough. No. For if he did not give me Work, he gave me Money; and that was as well.
Prisoner. I have been ill and fatigu'd, so can't express myself as I would. 'Tis a base Prosecution, and I believe will turn out so.
William Court. I keep a victualling House; the George, in Monmouth-street. I have known Hough about three Years: His general Character is that of a Rogue. I never heard any Man give him a good Character, but have heard many give him a bad one. He lodged twenty-three Weeks in my House, in the Year 1736, but he never paid me any thing. He was a Soldier, and bid me kiss his Arse. I had him before his Colonel and the Colonel endeavoured to get my Money, but Hough told him plainly he would not pay me. He has been once in my House since that time, and drank a Pint of Beer, but I believe he did not sit down.
Counc. Who do you know, that are of his Acquaintance?
Court. I can't tell. He is known about Monmouth-street; The Neighbours who use my House, know him.
Counc. Do you know the Prisoner at the Bar?
Court. No; I never saw him in my Life.
Patrick Grogan . I live in Princes-street, by Drury-Lane, and have known Hough very well by Sight, for these two Years and upwards He has a very bad Character given him, by every one he deals with. I took the lower Part of his House to sell Beer in. I believe he values his Oath no more, than I would [do to] take the Snuff of this Candle and throw it on the Floor.
Counc. And how long did you live in his House?
Grogan. About a Quarter of a Year: I did not observe any ill of him during my Continuance in his House, but the People in the House gave him a bad Character. Once I saw him buying stolen Goods in my Apartment. He bargained for a Waistcoat, and was to give fourteen Shillings for it; then he took the Man to the Barley-Mow, and afterward I saw him bring the Waistcoat home. I did not know at that time, that it had been stole; but afterward the Man at the Cross Keys in Monmouth-street, came to ask me if I had bought such a Thing? I told him no, - but I knew who did.
Counc. Pray where do you live?
Grogan. I keep the King's-Head, in King's-Head Court, Drury-Lane. I am a Taylor by Trade, and before I kept this House I lived in Ireland; from thence I came to London; and from London, I went to Paris, to edify myself in my Business and from Paris I came to London.
Counc. So you went from London to Paris to edify yourself as a Taylor, Alamode de Paris, and from thence you came to London to draw Beer.
Nathaniel Hawkins . I live in Exeter-street, and have known Hough about sixteen Months. His general Character is that of a Rogue. Every one that knows him gives him that Character. I lived nine Months in his House, out of the sixteen. I knew he bought the Waistcoat, but I did not make any Information of it.
Counc. How long was this before you quitted his House?
Counc. I suppose you paid him his Rent?
Hawkins. No: I did not. He distrained upon my Goods, a Fortnight after Quarter-Day.
Counc. Was you present when Hough bought the Waistcoat?
Hawkins, I heard him say he had bought a good Bargain for 13 s. and that he would not take a Guinea and a Half for it. I don't say he knew it was stolen.
Counc. What Business do you follow?
Hawkins. I am a Stay-Maker, and work with Mr. Alsop, in Blackmoor-street.
Elizabeth Langford , I have known Hough about three Quarters of a Year and a Month. His general Character is that he's a vile odious Man, and don't care what he does for the Lucre of Money, nor whose Life he takes, - nor what he does. He lives next the George Inn, in little Drury-Lane.
Counc. You answered to the Name of Langford. Is not the last Witness (Hawkins) your Husband? Was not your Evidence set aside on a Trial at the Marshalsea, because you was his Wife?
Langford. I only live with him, to look after his little Apartment, and to wash him, and mend him, and to take Care of his Children, for he has no Wife.
Charles Martin . I have known Hough about a Year and a half. I live now within three or four Doors of him. The Neighbourhood gives him the Character of doing any thing for the Lucre of Gain. I am not acquainted with him any farther than giving him a civil Answer in passing and repassing. I lived once three Months in his House, and I believe he would not scruple to swear a Man's Life away. I believe he would do it for nothing, - provided he could get any thing by it.
James Gorman . I have known Hough between four and five Years. I don't hear any thing of a good Character of him. His Neighbours give him but a very indifferent one, as that he is a very uneasy, unjust Neighbour. I don't think he is to be believed upon his Oath. I am a Journeyman Taylor, and I live in Drury-Lane. I worked with him at one Mr. Carrington's, at the Golden-Key, in Wych-street, two Summers, off and on.
Francis Priest . I have known the Prisoner about four Years: He always bore an honest Character, and I believe he is in a good Way of Business. He buys Cloth, and goes abroad to France, and Dunkirk. I know he bought four or five Pieces at a Sale, and I bought four Yards and a half of him again. I believe he trades sometimes to Holland, and brings Goods from abroad, but I don't know that he ever entered any at the Custom-House.
Abraham Anderson . I have known the Prisoner three Years. I never heard any thing to contradict his being an honest Man. He trades to Dunkirk, and I have sold Cambricks for him. I reckon him a Merchant, but I can't say I know of his entering Goods at the Custom-House.
Edward Hartrey . I have known the Prisoner seven or eight Years. He trades beyond Sea: I never bought any Goods of him, but I bought some Houses of him about eight Years ago, and have paid him a deal of Money. I never heard but that he had a good Character, nor ever knew that he was concerned in inlisting Soldiers.
Richard Oldridge . I have known the Prisoner five Years; he is in a good Way of Livelyhood, and has a good Character. I never heard of his enlisting Men for Soldiers, in my Life. He goes about half a Dozen times a Year to Holland and Dunkirk, and I know the Captain who was to have carry'd him, this time, - if he had not been taken into Custody. I have made him 14 Great Coats for Exportation, and two or three of my Servants pack'd them up, with some other Goods, among which was a Piece of coarse Cloth, about eight or nine Shillings a Yard, and some Remnants of six Shillings a Yard.
Prisoner. What Sums and Bills have you seen in my Possession?
Oldridge. To the Value of 600 l. in Money and Bills.
Jury. What Colour were the Cloaths you made up for the Prisoner?
Oldridge. Some of them were dark Drabs; some of them were lin'd, and four of them unlin'd.
John Lee . I have known the Prisoner sixteen or seventeen Years. I never heard but that he had a fair Character. I have dealt with him for some Pounds, and always found him as honest Man. I could not believe this Charge against him was true, when I heard it.
The Council for the Prosecution called the following
Witnesses, to support the Character of Hough.
Mr. Timms. I know Hough; his general Character is, that he is an honest-Man. I am a Taylor, and live very near him in White-hart Yard; I am a Housekeeper there, and have known him
Prisoner. Have you had any Dealings with him?
Timms. No: But I believe him to be an honest Man, though I have not dealt with him.
Samuel Bird . I live about twenty Yards from Hough's House, and have known him about two Years. What he deals for, he pays for. I never heard, or knew, of any Dishonesty in him. I am a Housekeeper in White-hart Yard; Hough is a Soldier, and his Wife keeps a Chandler's Shop. I don't believe he would swear a Man's Life away wrongfully.
Nathaniel Hopson . I have known Hough about five or six Years. I am a Housekeeper, at the Artichoke in White hart Yard, - 'tis joining to Drury-lane. I never heard but that he had an honest Character; nor do I think he would forswear himself.
Joseph Crisp . I live in Russel-street, Covent-Garden - but a little Distance from Hough's. I have known him three Years, and he bears the Character of a very honest Man. I have entrusted him with some Scores of Pounds; he has return'd Money for me, because I did not think myself so proper to do it; and I have always found him honest, and he has faithfully accounted with me, for a Hundred or two of Pounds. He is entrusted by me at this present time. I never heard any Man give him an ill Character, or speak an ill Word of him in my Life. As for perjuring himself, I do not think he would be guilty of such a Fault.
Prisoner. What Business do you follow?
Crisp. I am a Housekeeper; I keep a Chandler's Shop, and have lived about Half a Year where I do now.
Prisoner. You say you are a Chandler, and you talk about his returning 200 l. for you. From where did this Sum come?
Crisp. From Norfolk. I am not Scholar capable of taking Care of my own Affairs; so I entrusted him.
Prisoner. Why Hough cannot read a Letter. [The Prisoner produced a written Paper, which was Shewn Hough.]
Hough. I can't read this Paper; but what signifies that? I can keep an Account, and I can write a little. Mr. Crisp had 200 l. left him in the Country; I went down, and manag'd the Affair for him, and kept a just Account. I have paid Six-score Pounds, and have Fourscore more to receive for him.
Robert Rounsome . I have known Hough twelve or fourteen Months. I live in White-hart Yard, near where lives; I never heard a bad Character of him, before I heard it here; in the Neigbourhood where he lives he bears a good Character.
Captain Hopkins . I have known Hough ever since the 23d of February 1735-6. I enter'd him then in the Troop, and the Man has behav'd well. I never heard he had a bad Character, and I believe he would not forswear himself.
Prisoner. Has he never been punish'd?
Captain Hopkins. No; never. He came and told me of this Affair, on the 24th of August; but he had been with Mr. Deveil before. When he acquainted me with it, I informed the Major and we went to my Lord Albemarle about it. The Warrant to take the Prisoner was granted a Fortnight after Hough had made his Information before Mr. Deveil; but he was not taken till a Week after that time. I know nothing of the Prisoner.
Serjeant Lock. Hough had been in our Troop about four Years; he always behav'd like a Soldier, and has done his Duty. As to his private Affairs, I know nothing of them. I never heard any Ill of him.
Thomas Plant . I keep a Publick House in White hart Yard; the Sign of the Antelope. I have known Hough a Year and a Half? he has a very good Character. I never heard any one speak ill of him till I came here; nor do I think the Man would be guilty of an ill thing.
The Jury found the Prisoner Guilty . Death .
492, 493. James Bennet and Elizabeth Bennet , otherwise Elizabeth Cornforth , were indicted for stealing three Linnen Shirts, val. 16 s. and a Man's Hat, val. 2 s. the Goods of James Mawle , Esq ; Sept. 10 .
John Cool . My Master, Mr. Mawle, had a Lodging in the Prisoner's House in Bond-street , and when I took my Master's Things from their House, I miss'd three Shirts: This was about the 12th of last Month. My Master came to this Apartment about the 24th of last June, and the Shirts were in a Portmanteau-Trunk in his Room, which was lock'd, and I kept the Key in my Pocket. I saw the Shirts in the Trunk, and took Notice that it was lock'd, about two Days before I miss'd them; but then I found the Lock burst open, the Shirts were gone, and likewise a Hat out of a Box in the Closet. Two of the Shirts
- Fletcher. I believe the Prisoner at the Bar to be the Man from whom I took a Shirt in Pawn, on the 10th of September, at Night.
Cool. I miss'd the Shirts on the 12th.
Prisoners to Cool. What Rent did your Master owe?
Cool. I know nothing of any Rent owing to them; but I know they ow'd my Master Money. There had been an Action against him, (Bennet) and upon that Account he ow'd my Master 20 l.
Prisoner. Ask Cool how he got into our House, when he took his Master's Things away.
Cool. My Master was out of Town, but I had a Key to the Door.
Fletcher. I can only say, that I believe the Prisoner Bennet was the Man who brought me this Shirt, in the Name of Cornforth.
Cool. This is my Master's Shirt.
Cool. This is my Master's. I am sure I saw them a Week before.
Mrs. Bennet. His Master ow'd me Money for Rent, and I having some Suspicion that he was moving his Goods, I thought proper to secure the rest, and not being used to make Seizures, I did not do it in a proper Manner. People told me, I must lock them up, and give his Master a proper Account of them. After this Mr. Maule sent for my Husband, (on a Sunday) to the Three Tun Tavern, in order to settle the Account of what was due to us, and he desired his Things might be delivered to his Servant; but it being insisted upon that I should be paid before the Delivery of the Goods, he got a Warrant against my Husband for an Assault, and carry'd him before Sir Edward Hill .
Mr. Bennet. After this I was arrested, and while my Wife was getting Bail, and I under Arrest, Cool got into the House, and took several Things, and the Key of the Portmanteau, which was in a Card Table-Drawer. The Shirts were not in the Portmanteau, but in a little Chest of Drawers.
Mrs. Bennet. When I went out to get Bail for my Husband, this Martha Walker went with with me, and in her Haste she shut the Street-Door, and left the Key in the Inside.
Martha Walker . 'Tis true; and when I came home, I saw Cool coming out of the House, with the Cloaths upon his Arm, and a Band-box, so I got a Constable, and took him before Sir Edward Hill to give an Account of himself. I don't know whether the Things were his own or his Master's, nor do I know how he got in, for I left the Key in the inside of the Door.
Mr. Brumfield. Mr. Bennet came to Mr. Deveil with an Information against Cool for a Burglary. When he was taken, he confess'd he got in at the Window, and took away his Master's Things, upon which he was sent to the Gate-house; and after several Examinations, Mr. Deveil found it was a Dispute between Landlord and Tenant, and it appearing to him a malicious Prosecution, Cool was discharged. He (Cool) never mention'd any thing of a Felony having been committed by the Prisoners, at that time; but afterwards one Hayman charged them before Mr. Deveil with a Shirt, val. 2 s 6 d. and insisted on their being sent to Newgate. All the time that Cool was in Custody, he never mention'd this Robbery, but he own'd he got in at the Window for his Master's Goods; and they swore, that some Goods of theirs were taken out of another Room, Both Acquitted .
But the Prosecutor not appearing, the Prisoners were Acquitted .
Elizabeth Gough . I live at Mr. Paris's in Strand-Lane, Surrey-street . On Sunday Morning, the 16th of September, about One o'Clock, I open'd a Sash that looks over a Parlour, (which is lower than the rest of the House, and was cover'd with Lead) to see whether it rain'd or not: The Leads at that Time were very wet, but upon putting my Hand out of the Window, I found it did not rain.
Mr. Paris. This House is mine; and the Parlour that has been mentioned, was cover'd with near 40 C. wt. of Lead. On Saturday Night, between Ten and Eleven o'Clock, as I was going to Bed, I look'd out of a Window that looks over these Leads, toward Somerset Gardens, to see
Edward Oak . I don't know the Prisoners; but on Sunday Evening, I saw two Men carry something like Lead under the Flaps of their Coats to Hesketh's, at the Corner of Maypole Alley. One of the Men had a Set-to Coat on, with a Cape; he was very much like the Prisoner, and the Coat like what Green has on now: I saw them carry it into Hesketh's Cellar. I saw no more of them that Evening, but on Monday Morning, between Six and Seven o'Clock, Hesketh brought something in a Basket out of his Cellar; and to me, it appeared, as two Bunches of Turneps. He called a Man to give him a Lift-up with the Basket; which I saw, and was surprized that two Bunches of Turneps should be so heavy; so I followed him from his Cellar to Clare-Market, and there he pitched the Basket upon a Bulk. Then I went up to him, and asked him if those Turneps were to be sold? No, says he, there's nothing to be sold. I insisted on looking into the Basket, and found a Parcel of mill'd Lead under the Turneps; so I sent for my Master, and we took Hesketh before Mr. Justice Frazier, who granted us Search-Warrants, by virtue of which, we found great Quantities in Leeson's and Green's House, all which, (with that, which we took from Hesketh,) fitted exactly to the Places, from whence they were taken. When Green was before the Justice, he said, he had been out that Saturday Night till Twelve o'Clock, that he then came home in Liquor and went to Bed, but his Wife called him up about Three o'Clock, and told him, some Lead was brought to the House, which his Cousin took in, and he was uneasy about it, and said, it must be removed. He told us, that his Wife informed him, the Lead was brought in by Thomas Asser , and that he himself carried Part of it to Leeson's House, telling him, he was not afraid himself, nor need he (Leeson) fear coming into any Trouble about it.
Thomas Hesketh . I was the Porter, and the Lead found was in my Basket. On the 16th of September, at Night, the Prisoner Leeson called to me, and asked me where Green was? I asked him if any thing was the Matter, more than ordinary? He said, yes; he had a great deal of Lead in his (Leeson's) House, which was brought in that Morning. Leeson wanted to move it to my Cellar, but I advised him to stay till Green came; but he swore a great Oath, and said he would throw it down the Vault. After this I
Mr. Paris. This is a Piece of what I lost.
Mr. Frazier. Green being brought before me, owned that such Lead as Mr. Paris had lost was in his House, but he could not give any Account how he came by it: He said it came in, while he was from home. Leeson was not brought before me.
Mr. Paris. Green told Mr. Frazier, that Thomas Asser , (his Cousin) brought it into his (Green's) House, I asked him who this Asser was, and told him I would send a Horse and Man fifty Miles to find him, but he said he did not know where to find him, tho' (he owned) he was his Nephew, and and lived in the House with him.
Mr. Frazier. I do remember he mentioned Asser's Name.
Prisoner Leeson. Green knocked me up on Sunday Morning, and told me he had a Parcel of Lead in his House, which his Kinsman had taken in, and as he had been in Trouble before, (on such Accounts) he desired me to let him put it in my House, 'till the People who brought it should come for the Money, and then he should know (he said) who it came from.
Mary Meddall . I am a Midwife. I live in Russel-Court, by Covent-Garden. On that Saturday Night I was sent for to Green's Wife; she was ill, and I thought it would be her Labour, so I staid with her till between Four and Five o'Clock on Sunday Morning. Pretty near Twelve, Green came home very much in Liquor, and his Wife and I went up, and saw him safe upon a Bed up two Pair of Stairs in his Cloaths. This was about 12 o'Clock; - I am sure it was not past One. After his Spouse and I had seen him safe, we came down Stairs and had a Dish of Tea. About Two o'Clock, somebody knocked very hard at the Door, and Mrs. Green called to a Relation to see who it was. She went down two or three Steps herself, and I (being a little curious) listned myself; and I heard three or four People say, - where's Green? We have got some Lead to dispose of. Mrs. Green told them he was a-bed, fuddled; and that 'twas a wrong time o'Night to bring Lead to sell. Why then (says the Men) we'll leave it till we can speak to your Husband; and I heard a heavy Load fall on the Ground. I have known Green six or seven Years; he buys and sells old and new Brass, and Lead and Iron: I never heard any thing in this Respect before. He has the Character of a sober Man in his Neighbourhood. Indeed I have heard he has been in Trouble before, but he was Acquitted by the Court.
Thomas Deacon , in Stanhope street, the Corner of Maypole-alley, and Richard Harris , had known Green about nine Years, and gave Green the Character of a bad Man, and said he was a reputed Buyer of stolen Goods.
The Prosecutor not appearing, the Prisoner was Acquitted .
498. Sarah Jones , of St. Andrew, Holbourn , was indicted for stealing a Beaver Hat, val. 3 s. the Goods of Martha Williams ; and a Pair of Clogs, val. 4 d. the Goods of Richard Marshall , Oct. 3 . Guilty, 10 d.
Ann Temple . I saw him take it out of the Gentleman's Pocket, and he never was out of my Sight till he was taken.
Prisoner. I was going on an Errand for my Master, and li't of two Boys, who 'ticed me away, and said, - Good Lad, go along with us, - we'll teach you to pick Pockets, and so I begun with this Gentleman. Guilty, 10 d.
501. Mary Laurence was indicted for stealing a Silk Gown, a Calimanco Gown, a Camblet Riding Habit, and several other Things, the Property of Edward Raper , in the Dwelling house of Ambrose Steed , Sept. 4 .
It appeared from the Evidence, That Mr. Raper's Wife came out of the Country, and took a Lodging at Steed's House, the Royal Oak in Newport-street . That the Prisoner was Steed's Servant , and used to make the Prosecutrix's Bed; who missing her Goods out of the Room, after the Prisoner had been there an unusual time, she was tax'd with taking them, and confess'd the Fact; acknowledging, that at the Instigation of one Paul King , she had thrown all the Things to him out of the Windows in the Prosecutrix's Room. Guilty, 39 s.
504. Myers Samuel was indicted for breaking and entering the Dwelling-house of David Benjamin , about the Hour of Four in the Night, and stealing a Copper Oven-lid, val. 2 s. 6 d. Sept. 14 . Guilty, Felony, 10 d.
Mary Lillo . On the 1st of October I was comeing past the Mansion-house which is now building for the Lord Mayors; and a Plank being laid over a very dirty Place, the Prisoner offer'd to help me; while he kept close to me, I felt something at my Pocket, under my Petticoat, and as soon as I had got over the Plank, I put my Hand in my Pocket, and found it cut. I know I had 12 s. in it when I was at the End of Lombard-street, for I then took out my Snuff Box, and felt my Money; and I was no sooner off the Plank, but I miss'd two Half-Crowns and 2 s. Upon this I turn'd, and saw the Prisoner stand at the Place where he first offer'd to help me, so I went back, and took him by the Sleeve, and charg'd him with picking my Pocket, and three Gentlemen came up to my Assistance; so we took him to the Mansion Alehouse, and charged a Constable with him. He was desired to send for somebody to his Character, but he refus'd. Then the Gentlemen asked him, if he had any Money about him? At first he said, he did not know what Money he had; afterward he said he had 16 or 17 s. and at last he pull'd out 17 s. there were two Half-Crowns, and all the rest were Shillings.
Joseph Walton . As I was passing by Stocks-Market, Mrs. Lillo stopp'd the Prisoner, and told him, he had pick'd her Pocket. We carry'd him to the Mansion-Alehouse, and she told the same Story that she has done now. We ask'd him who he was, and where he lived? He would not give us any direct Answers; but at last he said he liv'd in Whitechappel. I asked him in what Street? He could not tell. Then a Gentleman asked him, what Money he had about him? He said, he could not tell; but at last he pull'd out 12 s. and two Half-Crowns. We told him he might justly be suspected, and desired him to send for some People of Credit, to speak to his Character: The Drawer told him, there was a Porter ready to go to any one; no (he said) he was innocent, and he'd send for nobody. Upon this we advis'd her to charge a Constable with him, which she did, and we carry'd him to my Lord Mayor's, where several People knew him; but my Lord being at Grocer's Hall, he was sent to the Compter for that Night, and was committed to Newgate next Day.
Mr. Walton. The Prisoner was not search'd at all: He pull'd out his Money himself, and nothing but his Money.
Mrs. Lillo. I did not stop, nor meet any one, (to be near him) till I came to the Prisoner. Acquitted .
George Gray. On the 9th of September, at Night, as I was coming past Poor Jewry-Lane, by Aldgate , the Prisoner met me, and asked me how I did; I told her I did very well, and stood talking to her about three or four Minutes; in the mean time I found her Hand in my Pocket, and by that means it came into my Head that she had pick'd it. I had about 25 or 26 s. in my Right-hand Breeches Pocket, and upon feeling for my Money, I miss'd four Half-Crowns and a Shilling. I tax'd her with taking it; she deny'd it; - but I found a Half-Crown and a Shilling upon her myself, and the Napkin and Handkerchief were taken from her at the Watch-house. I never saw the Prisoner before the Night she robb'd me; but upon her asking me how I did, I stood and talk'd with her, but what Discourse happen'd between us I really can't tell, - for I have forgot it. When I first charg'd her with robbing me, she told me I had robb'd her; but upon searching her at the Watch-house, the other three Half-Crowns were found in her Pocket, and as they were stripping her, the Handkerchief and the Napkin dropp'd from her.
George Wardley , Constable. About One o'Clock that Morning I had been with a Prisoner to the Compter; when I came back I found the Prosecutor and the Prisoner at the Watch-house. He charg'd her with picking his Pocket, and told me he had lost 11 s. but he had taken Half a Crown and a Shilling from her, and the other three Half-Crowns, he was sure, she had still somewhere about her. I (knowing her to be a Woman of the Town) expostulated with her, and desired her, - if she had done so, - to give him his Money again, - and I reprimanded her, and told her, our Watchmen must search her. Accordingly I carry'd her into my Kitchen, adjoining to the Watch-house, and a Woman coming in, we search'd her. I pull'd her Gown open, and search'd her Pocket, in which I found this Handkerchief, (which the Prosecutor own'd) and in the Bosom of her Shift I found these three Half-Crowns. The Napkin dropp'd from her on the Ground.
Prisoner. I lodge with Samuel and Elizabeth Batman : He is a Watchman in Fenchurch street. On Saturday Night, about five Weeks ago, my Landlady sent me with 3 s. and 6 d. to her Husband at the Watch-house, that he might buy some Meat for Sunday's Dinner. As I was going along, I kick'd against something like Linnen, which I took up and put in my Pocket. At the Pump by Aldgate I met this Man: My dear (says he) where are you going? Why, I don't know you, says I, and I am in haste; but he gave me a Pull, and asked me to drink, telling me he intended no Harm; so I went with him into Crouched Fryars, and stood talking with him in the Street: He wanted to be rude, and told me, - perhaps I might want Money; I said I was not given that Way, but he put three Half-Crowns down my Bosom; and afterward, - when he found I would not agree with him, he put his Hand into my Pocket, and took out a Half-Crown and a new King George's Shilling, which I was carrying to my Landlord. Guilty, 10 d.
508. Jane Burgoyne was indicted for stealing a Velvet Hood, val. 3 s. a Linnen Apron, val. 1 s. a Cambrick Cap, val. 6 d. the Goods of Lora Finney ; and a Cloth Woman's Cloak, val. 3 s. a Linnen Sheet, val. 2 s. and other Things, the Goods of Rachael Finney ; and one Shirt, val. 3 s. and one ditto, (unfinished) val. 3 s. the Goods of George Flatman , Sept. 14 . Guilty, 10 d.
Francis Runcivil . The four Salts and Salt-Spoons were lost out of Dr. Turner's House, and we never knew who stole them, till John Robinson (an Accomplice in the Fact) came with a Goal-keeper to our House, and made a Confession, that he took them out of our Beaufet.
Runcivil. Robinson told us where he had sold the Goods, and we made Enquiry after this Walpole, but he is gone off. Acquitted .
512, 513. Alexander Flack , and James Purvis , were indicted for breaking and entering the Dwelling House of Thomas Sinclair , between the Hours of Nine and Ten at Night, and stealing two Silver-Tea Spoons, and other things , Aug. 8 .
Sinclair. I keep a Chandler's Shop , in Chandos Street ; on the 8th of August the Things mentioned in the Indictment were missing out of a Back-room, behind my Shop. I had been abroad that Evening, and when I came home about Ten o'Clock, I found I had been robbed. A Pane of Glass in the Casement was broke, and the Pack-thread which fastened it on the Inside was undone, and we found it open.
John Robinson . Alexander Flack , and Purvis and I, went to this Man's House; Purvis stood watching at the Door, while I broke a Pane of Glass in the Casement, and opened it, by untying the Packthread with which it was fastened. Then Flack and I got in the Things (mentioned in the Indictment) which we sold to Flack's Wife, and our Shares were 6 d. a-piece.
Flack. When Robinson was before Colonel Deveil, he put four People in this Information.
Robinson. There was one Tom Butler with us at this Time, but he being cast last Sessions for Transportation, Mr. Deveil said I had no need to take Notice of him: He had 6 d of the Money the Goods were sold for, as well as we.
Purvis. Flack is innocent of the Matter. Both Acquitted .
Guilty 10 d.
517. Cossal Jonas was indicted, for that James Wint having stole a Deal Box, val. 3 s. twenty Doz. of Lambskin Gloves, val. 16 l 10 s. thirteen Doz. of Kid Gloves, val. 13 l. fifteen Doz. of Thread and Cotton Stockings, val. 2 l. 10 s. ten Pair of Cotten Gloves, val. 1 l. one Doz. of Thread Socks, val. 15 s. eighteen Yards of Pink Brocade, val. 4 l. 10 s. twenty-four Yards of Persian Silk, val. 6 l. twelve Yards of blue Damask, val. 3 l. 5 s. fourteen Yards and one Yard of Tabby, val. 3 l. 10 s. and two Pair of Childrens Satten Shoes, val. 3 s. the Goods of Charles Ashburn , April 28 ; he, the said Jonas, the same did receive, knowing them to be stole .
Charles Ashburn. Wint was convicted of stealing the above-mentioned Goods last June Sessions. I can only say I lost them from the Horse Shoe Inn in Goswell-street, and that upon the Trial of Wint, one Akins, an Accomplice, gave in Evidence that he, Wint, and Brown, stole the Goods, and carry'd them to Mary Bullinbroke , (who has since been transported) but she not having Money enough to pay for so large a Parcel, they carry'd them to the Prisoner, who bought the whole Cargo. Akins is now gone Abroad, and so the Prisoner comes to take his Trial.
Mr. Justice Chamberlain gave an Account, that Mr. Justice Heusch (lately dead) inform'd him, that the Prisoner absconded till Akins was gone; and that he believ'd there was a Charge against him on Account of a Fact committed in Bishops-gate-street. Acquitted .
See Sessions Book for June 1739. p. 98.
Gooday. On the 14th of August, between Eight and Nine in the Evening, I was going up Fleetstreet, and met with a Woman, who stopp'd me, and asked me to give her a Drink, and she carry'd me into a Room up one Pair of Stairs in Salisbury-Court . I was no sooner in the Room, but the Prisoner came up with a Quartern, and bid the Woman I brought in go down Stairs, - she would stay with the Gentleman, (meaning me) herself. As soon as the Quartern was out,
Prisoner. There was a great Mob indeed, and I thought I should have been duck'd, but the Prosecutor got me to the Elephant and Castle in Fleet-Lane, and there he kept me, and told me he had lost his Master's Money, and if I would give it him again, I should be discharg'd. Guilty, 10 d.
526, 527. Cuthbert Wharton and John Deacon were indicted for breaking and entering the Dwelling-house of Henry Carrington , about Eleven in the Forenoon, (no one being in the said House) and stealing a Silver Porringer, val. 30 s. &c. &c. Sept. 26 .
Mr. Carrington. On the 26th of September I lost all the Goods mentioned in the Indictment, out of my House in Charles-Square, Hoxton ; but I don't know who stole them. When the Prisoners were carry'd before Mr. Justice Farmer, they neither deny'd nor confess'd the Fact.
James Steward . On the 26th of September, as I was going thro' Mill Yard into Rag-Fair, about Ten o'Clock in the Morning, I met the Prisoners. Wharton asked me to go with him and Deacon to Mr. Carrington's House at Hoxton: I went with them, and we watch'd till the Maid went out; then Wharton lifted me over the Pales before the Door, and I dug up the Threshold of the Door with a Butcher's Knife, and made a Hole under the Door, thro' which I endeavour'd to get into the House; but I stuck in the Hole, and could hardly get out again. When Wharton found I could not pass thro' the Hole, he wrench'd the Door off the Hinges with the Threshold which we had dug up; then we went in, and took a Silver Porringer, seven Silver Tea-Spoons, and a great Spoon out of the Kitchen; a Hat out of the Hall; a Wig, a Shirt and a Handkerchief, out of a Room above Stairs, and a Bottle of Brandy out of the Maid's Room. When we had taken these Things we came down Stairs, and went out of the House, thro' the Door that goes into the Garden, and carry'd the Goods to Wharton's Lodging in Rag-Fair: But upon offering them to Sale in the Back-Lane, I was stopp'd, and afterward Wharton was taken likewise.
Deacon. Was I in the House with you?
Steward. No: Deacon stood behind the Pales to tip Tommy, that is - to tell us if any body came.
Sarah Ibbott . On Wednesday the 26th of September, about Nine o'Clock in the Morning, I went after my Master to London, and left the House safe. When I came home, I found the Doors open, between Eleven and Twelve, and the Garden-Door was dug under, and the Threshold taken up. The first Thing I miss'd was a large Silver Spoon, and afterward we found all the Goods had been taken away which are mention'd in the Indictment.
Mr. Carrington. I seal'd them up myself: This Porringer, this Wig, and these Shoes are mine. The Hat and the Shirt are not here.
Thomas Sullivan . On the 26th of last Month, as I was going along Rag Fair, a Woman call'd to me, and told me, that Cuddy Wharton, and two other Lads, had brought her these Things to buy, and that they were to come again presently to know if she thought proper to have them. In
Mr. Carrington. These are mine.
Wharton. When the Thief takers took me, they asked me to make myself an Evidence, but I told them I was innocent, and told them where I work'd; so they bid me go home about my Business; but next Day, about Eleven o'Clock, Harris came and took me from my Work.
Harris. Steward did not make himself an Evidence till the next Day; so we did not know till then that Wharton was concern'd in the Fact. I don't remember my asking Wharton to make himself an Evidence: He did tell me he work'd upon the Keys before he was secured, and the next Morning Sullivan took him there.
Deacon. 'Tis pity this Man (Wharton) should suffer wrongfully: I never saw him till these Men brought him to me. Steward got into the House, and toss'd the Things out to me. Wharton Acquitted ; Deacon Guilty, 4 s. 10 d.
529. John Morgan was indicted for a Misdemeanour, for that he, on the 2d of September , in and upon John Pay , [one of the Officers of his Majesty's Customs , on board a Ship called the Voluntier , then within the Limits of the Port of London, and in the Execution of his Office] did make an Assault, and him, in the Execution of of his Office aforesaid, did forcibly obstruct, &c. against the Form of the Statute, &c.
And farther, for that he, on the 2d of September, on John Pay, did make an Assault, and him did evil intreat, and do to him other great Damage, &c.
John Howard . I and Mr. Pay were station'd on board the Voluntier; we came up to Ratcliffe Cross on the 1st of September, and the Ship lay facing that Place between Twelve and One in the Morning, September the 2d. At that time it was my Turn to watch; and hearing a Noise between Decks, I went down with my Candle and Lanthorn, and found the Prisoner and the Boastwain with two twelve-Gallon Casks of Rum; I told them I must take Care of them; but while I was arguing with the Boatswain, the Prisoner got one of them up upon Deck: I told him that he belong'd to a Man of War, and was only employ'd to work the Vessel up the River, and therefore that he had no Business with the Liquor; and I call'd to Mr. Pay, and to Mr. Blake, (an Excise-Officer) to help me; and we carry'd the Casks into the Steerage. Then I went down, and found two more Casks in the Bulk-head; but before I could remove them over the Cable-Teer, I heard Blake cry out, Murder! Upon this I ran up, and found the Candles and Lanthorns beat out, and the Prisoner immediately knock'd me down: The two first Casks which we had stopp'd, we had carry'd into the Steerage; and they were left under the Care of Pay and Blake: but while I was gone down to search farther, they fell upon the Officers, beat them, and got the two Casks over the Side of the Ship. When I found the Candles beat out, I attempted to strike a Light, and then they struck me a Blow in the Face, and beat away my Tinder-box, and got two more Casks from us, damning us, and telling us, - they would have them, or they would have our Bloods. When the prisoner was taken, he told us where the Liquor was, and we found it, according to his Direction, at the Lamb and Star at Newcranes.
Counc. When you came up, on the Cry of Murder, did you see the Prisoner do any thing to Mr. Pay?
Howard. No; I was knock'd down as soon as I got up. I am a Custom-house Officer; this is my Deputation, and I was on Duty on board this Ship.
John Pay . Between Twelve and One, that Night, I came out of my Cabin to make Water; and was going in again; but my Partner hearing a Rumbling, he took a Candle out of the Steerage, and call'd me to see after this Liquor. I roll'd out one of the Casks; and as I was going for the other, I saw a Man carry away one of them.
Pay. When I told them they must not take the Rum, somebody knock'd down our Lanthorn, and I was immediately knock'd down too. The Prisoner was present; but whether it was he, or not, I cannot tell.
Mr. Blake. I was there at the same time. The Prisoner took a Cask from me, but I can't say I saw him do any thing to Mr. Pay. Acquitted .
He was a Second Time indicted (as above) for assaulting and forcibly obstructing, beating, &c. John Howard a Customhouse Officer , in the Execution of his Office, on board the said Ship , Sept. 7 . The Evidence was the same as in the former Trial, and the Jury found the Prisoner * Guilty .
* By 6 G.c. 21. ~ 34. Persons convicted of forcibly hindering, wounding or beating any Officer of the Customs, in the due Execution of his Office, shall be transported for such Term as the Court shall think fit, not exceeding seven Years; And this Person was accordingly sentenced to be transported for seven Years.
Mary Fido, on account of her tender Age, was not Sworn; and the other Evidence not being sufficient to affect the Prisoners, they were Acquitted .
536. John Drinkwater , of St. Sepulchre's was indicted, for that Catherine Kaylock, otherwise Harrison , on the 10th of December, in the 12th Year of his Majesty, in the Parish of St. Bride's, a Repeating Watch, with the Outside and Inside Cases, made of Gold, val. 20 l. the Goods of the Right Honourable Sackville Earl of Thanet , Privately from the Person of William Lorton , did steal, &c. and afterwards, on the 18th of December, in the said Parish, he, the said Drinkwater, on account of helping Nathaniel Delander to the said Watch, feloniously did receive and have from the said Delander the Sum of 8 l. 8 s. as a Reward for helping him to the said Watch; the said Catherine Kaylock , the Felon, not being apprehended, nor did the said Drinkwater apprehend, or cause the said Catherine to be apprehended and brought to Trial, nor did he give Evidence against her; contrary to the Statute, &c.
The Council for the Prosecution set forth, That the Offence charg'd upon the Prisoner was Felony by the Act 4 Geo. c. 7. 1. 4. '' To prevent Persons '' acquainted with Thieves from following the '' pernicious Practice of procuring stolen Goods '' from the principal Felons, and making them '' over to the right Owners for a Sum of Money, '' without discovering the Felon''; and offer'd to prove it in the following Manner, viz. That the noble Lord above-mentioned having sent a fine Gold Repeating Watch to Mr. Delander to be mended, Delander delivered it into the Custody of a Workman of his one Lorton. As Lorton was going home with the Watch, he fell into the Company of Catherine Kaylock, and she pick'd his Pocket of it. The Defendant hearing of Mr. Delander's Loss, and that one Pope and Kaylock, (the Husband of Catherine Kaylock) were in the Computer on this account, he apply'd to one Lydia Goodwin , (who is acquainted with many of this Sort of People) and told her if she would go to the Computer with him, and be instrumental in getting the Watch, it might be a good many Pieces both to her and him. Accordingly, she went, and the Defendant got the Watch into his Possession; but he being pretty well aware of the Penalty of the Act, it made him cautions in what Manner to restore it to Mr. Delander; for he did not do it openly, and with his own Hands, but it was to be left at a Tavern, in a Room, under an old Almanack. The Money was first to be put there, and when the Money was taken from thence, the Watch was to be left. And that the Prisoner actually had the Watch in his Custody, they offer'd to prove in this manner, viz. That
But before the Witnesses were sworn, the Defendant's Council beg'd a Point of Law might be spoke to, by Way of Objection to the Prosecution of this Indictment: And the Council for the Prosecution having admitted, that Catherine Kaylock (the principal Offender) was dead, and had not been convicted; the Defendant's Council urg'd, that the Act directs the Pains, Penalties and Judgment [that is, the same Pains, &c.] shall be inflicted on, and given against the Person that receives Money for restoring stolen Goods, &c. as should have been given against the principal Offender for stealing them, and that he shall be guilty in the same Manner, and shall suffer as for the same Crime the principal Offender had been guilty of: That the Crime charged in the Indictment was for privately picking a Pocket, which is a capital Offence; but upon the Trial of the Principal (Kaylock) it might have came out only a single Felony; the Evidence might not have been sufficient to have convicted her of picking the Pocket, but yet it might have been sufficient to have caused the Jury to have convicted her of a single Felony: And if, upon Conviction of the Principal, it had come out a single Felony, then the Defendant must not have been indicted for a capital Felony, &c. therefore it was impossible to know what Punishment to inflict on the Defendant, unless the Principal had been convicted. That the Act expressly requires the same Judgement in this Case, as should be given against the first Offender; but as the first Offender had not been convicted non constat, whether the Crime was single Felony, petty Larceny, or Capital.
It was farther observ'd for the Defendant, That this Case tallied with that of Principal and Accessary: That receiving stolen Goods was not a Felony at Common Law, it was only a Misdemeanor, but it was made Felony by a particular Act, and yet it was never known that an Accessary was convicted of Felony, till the Principal had been convicted, and when the Principal could not be found, the Accessary could not be indicted for a Felony, but only for a Misdemeanor, &c.
The Substance of the Reply to these Objections was, That if they were to prevail, the Act would be eluded, and the Subject frustrated of all the Benefit intended by it: That if the Principal had been taken, and a Bill found against her, and she had dy'd, or broke Goal before Trial, it would be hard that the Act should be eluded, when the Fact mentioned in it could be prov'd by sufficient Witnesses; and as to the Comparison of this Case to that of Principal and Accessary, it is laid down in Hale's, that tho' the Principal does not appear, the Accessary may be put to Answer in a Way of Defence; and Serjeant Hawkins says, that tho' by ancient Authorities, the Party is not to be compell'd to answer before the Principal has answer'd, yet the contrary Opinion (he says) he takes to be settled at this Time. It was farther urg'd, that the present Case was a different Case, and the Fact charg'd on the Prisoner was an independant Fact: That the Gentlemen had mistaken the Words of the Act, which were, That the Party ( supposing him Guilty) shall suffer according to the Nature of the Felony committed (which was to be prov'd by the Circumstances of the Case): That the Act does not say he shall suffer as a Principal; but, if he is guilty, he shall suffer Pains and Penalties, according to the Nature of the Felony committed, and it does not mention a Word of the Principal's being first convicted.
It was likewise observ'd, That in the Case of Jonathan Wild, the Principal Felon was not convicted when Wild suffer'd: And if the whole of the Charge against the Prisoner was but a Pretence, yet he was under the Cognisance of the Act, (for the Words of every Act must be suppos'd significant) and this Act says, If any Person, under Pretence of restoring, &c. shall receive Money, &c. he shall suffer, &c. and if it was a meet Pretence, he must answer, tho' he must be convicted before he can suffer.
It was farther observ'd by the Counsel for the Prosecution, That they were ready to prove, that Part of the Indictment that affected Catherine Kaylock, and tho' it was not to be prov'd by Record, but by Witnesses viva voce; yet, if that was prov'd, it was hop'd they should be allowed to proceed to the Proof of the other Part which affected the Prisoner; and if both Parts of the Indictment were prov'd, then the Court would be under no Difficulty to know what Judgment the Prisoner ought to receive; because the Act says he ought to receive the same Judgment as if he had pick'd Lorton's Pocket himself. It was again urged, that this Construction would be an absolute Repeal of the Act, and directly contrary to the Meaning of it, &c.
To which it was answered, That it was now impossible to convict a dead Body; That there was many a Case that might be called casus omissus; That the Party might die, and a Man might be disabled from doing what he intended to have done for his Country; That the other Side knew the Principal, and if they had taken her, and the Defendant had refused to give Evidence, then they would have come with a good Grace before the Court; That the Act relating to Principal and Accessary plainly chalks out the Method
That the Observation that had been made of a Man's taking Money under a meer Pretence of restoring stolen Goods, being within the Act, is not sufficient, because the Act lays it down, that the Goods must be stole, though it be not expressed therein totidem verbis, yet it says, such Offender shall be punished as if he had stole such Goods, and in such a Manner, and with such Circumstances, as if the Offender had stole them; and the particular Kind of Stealing must be proved, and the Manner of it, before Judgment can be given in such a Case as this.
That as to the Citations from Hale and Hawkins, though they say the Accessary may be put to answer, yet his Tryal was never proceeded on, till the Principal was try'd: And an Instance was mentioned, where a notorious Receiver of stolen Goods was taken, and nothing could be done against her till they had got the Principal; who being taken, was try'd, and burned in the Hand immediately, that he might then be a Witness against the Accessary.
That as to Jonathan Wild 's Case, the Exceptions were not then made. And as to the Objections being a Repeal of the Stature, it was otherwise, for the Man that helps another to stolen Goods for Money may be laid hold of, and then for his own Security he will discover the Principal, &c. &c.
Upon the whole no Evidence was given. Acquitted .
The sentence passed on the Prisoners will be found in the following TABLE.