WEDNESDAY the 5th, THURSDAY the 6th, FRIDAY the 7th SATURDAY the 8th, and MONDAY the 10th, of December.
In the 13th Year of His MAJESTY'S Regin.
First SESSIONS in the MAYORALTY
Right Honble. Sir John Salter, Knight,
LORD-MAYOR of the CITY of LONDON.
Printed and Sold by T. COOPER, at the Globe in Pater-noster Row.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord-Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES, Mr. Baron CARTER , Mr. Justice PROBYN, JOHN STRANGE , Esq; Recorder, 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.
This Mark [ + ] is prefixed to such Indictments on which the Prisoners would receive Sentence of Death, should the Jury find them Guilty, generally; which will in this Case, and many others, account for the Jury's finding specially the Value of the Goods to be less than is laid in the Indictment.
The following are Capital Offences, viz.
Privately taking above the Value of 1 s. from the Person. Stealing the Value of 5 s. out of a Shop, Warehouse , Coach-house or Stable. Stealing the Value of 40 s. out of a Dwelling-house.
Mrs. Fountain. I am a Widow, and live in St. Martin's Lane . On the 14th of November I lost this Piece of Cloth; 'tis about twenty-two Yards, and the Value of it is 20 s. I sell Linnen Cloth; and the Prisoner came into my Shop (with another Woman) between Three and Four o'Clock that Afternoon, and I thought they had been acquainted with each other. The Prisoner asked for nothing, but the other Woman asked for Cloth, and bought some of my Daughter. After she had paid for it, she went away, and the Prisoner with her, but she (who had been the Customer) returned presently, and said, - I believe you have lost something, look after that Woman that was in the Shop: I said, - O Lord! I thought she had belonged to you! and immediately I ran out of the Shop, and saw the Prisoner at the Corner of Long-Acre, I pursu'd her, and she ran away very hard, upon which I call'd out, - Stop that Woman! and accordingly she was stopp'd in Angel-Alley by Thomas Holder . As soon as he took hold of her, she squatred down on the Ground, but he lifted up her Cloak, and found this Piece of Cloth, which is mine, and was lost off my Counter. When the Cloth was found, she beg'd Pardon, and desir'd she might be let go for God's Sake, for she was a poor-Widow, and had two Children. I was mov'd, and sorry for her; but the People about us bid me carry her back to my Shop, and there she fell down on her Knees, and again ask'd Forgiveness: I told her, she had not
Thomas Holder. I took the Cloth from under the Prisoner's Cloak, in Angel-Alley, in the Presence of Mrs. Fountain, and by her Order. The Prisoner own'd she took it, and beg'd Pardon. Guilty, 4 s. 10 d.
2. + Susannah Broom , of St. Paul Shadwell , was indicted, for that she, not having GOD before her Eyes, &c. on the 11th of September , in and upon John Broom , her Husband, feloniously and traiterously did make an Assault, and with a certain Knife made of Iron and Steel, val. 1 d. which she the said Susannah had and held in her Right Hand, him the said John, in and upon the Inside of the Calf of the Right Leg, did strike, stab and thrust, giving him a mortal Wound of the Length of four Iuches, and the Depth of two Inches, of which mortal Wound he instantly died .
She was a second Time indicted, by virtue of the Coroner's Inquest, for the said Felony and Murder.
William Allen . I knew the Prisoner and her Husband: He was an old Man, about Sixty. I live in a Room adjoining to that in which they liv'd. About three Months ago, - I can't tell the Day of the Month, but it was the Night the great Thunder and Lightning happen'd, about One or Two o'Clock, I heard the old Man cry, - For God's Sake don't murder me! for Christ's Sake don't murder me! Several Times he (thus) cry'd out, but I did not go out of my Room, for she was an obstinate Woman, and used to quarrel with him. I have saved him from her a great many Times. I believe that she was at this time in the Room with him, but I did not hear her Voice, - I did not hear her say one Word to him; and after he had cry'd out (as above) for the Space of a Quarter of an Hour, I heard no more of him, nor did I see him till the Coroner's Jury sat upon him, which was the Night following.
Prisoner. I never saw this Witness at that Time.
Allen. I was sent for by the Coroner, to give an Account of the Words which I heard the Man speak; and then he was dead, - I am sure he ought to be so, for I never saw a Man so cut in my Life: He had a great Cut quite cross the Calf of his Right Leg, and two Cuts in his Thighs.
Prisoner. Did you ever see me take up a Knife to my Husband in your Life? But because he was a naughty, bloody Man, have not I hid the Knife in your House?
Allen. She did bring her Goods to my House, and I bid her carry them back again to her Husband . There was not a more quiet Man on Earth than he was.
Prisoner. Did not you let me a Garret, that I might live from him?
Allen. She asked me what I would have a Week for a Garret; I told her Six pence; and she brought some Goods into it, and she lay in it a little while herself: but the Room in which I heard the Cry was that in which they lived together. She was the wickedest Woman on Earth
Susanna Anderson . About Ten o'Clock in the Morning, after the Man was killed, Mr. Mangham, who lodged in the same House with the Prisoner and the Deceased, told me, he believed Mr. Broom was murder'd, and that his Wife had kill'd him; and he desired the Neighbours to open the Door: They did so; and I went up Stairs with them, and found the Deceased lying on his Back, upon the Bed, but his Legs hung down, and his Feet were on the Ground. He was cold and stiff; but his Eyes were open, and he was cut in a very vile Manner. There was a great Cut cross the Calf of his Right Leg, (I think) 'twas almost to the Bone, two great Wounds in his Thigh, several upon his Shoulders, and a Cut across his Belly as if he had had a great Scratch with a large Pin. All his Cloaths were upon him, except his Shirt, and there was no Blood upon him, for he seem'd to have had his Wounds wash'd. The Prisoner was not in the House when we view'd the Body; I saw her go out in the Morning, about Seven, all over bloody, and Mangham was with her, Cheek by Jole. Tho' there was no Blood upon the Deceased, yet there was so much upon the Floor; that as soon as I had stepp'd into the Room; the Blood was over the Sole of my Shoe: The Bolster, the Sheets and the Blankets were likewise all over Blood. This Cap and this Handkerchief I found on the father Side of the Bed, [they both appear'd as if they had been dipped in Blood] I know them to be the Prisoner's, and have seen her wear them. Mangham lodg'd in their House, and at this time there was nobody therein, but Mangham, the Deceased and the Prisoner. The first Witness (Allen) does not live in the same House with them, but at the next Door, and the Head of his Bed stands against their Room.
Prisoner. I have some Cuts in my Hand which he gave me before I went to Bed; and as to this Witness, - I would not take her Word for a Farthing. She'd swear any one's Life away.
Simon Manghant . I sell old Whalebone in Rag-fair, and had lodged in the House where the Prisoner and Deceased lived about a Month before this happen'd. I lay in the Garret over the Room in which they lay; and that Night he was murder'd, about Three o'Clock, he came up into my Garret , to case himself in my Pot; after which he asked me to let him lie down with me, I told him he might, but in half an Hour the Prisoner came up, and fetch'd him down again, after which I heard no Noise at all. At Six in the Morning I got up and drest me, to go out about my Business, and as I pass'd her Chamber Door, I saw the Prisoner at the Bed's Feet; she had pack'd up her Things to carry them out, and said, she would not stay with her Husband. I went into the Room, and it being Day-light, I saw him cover'd with a Blanket or Rug, but I did not know he was dead. There was a great deal of Blood in the Room, but she told me, she had lost much Blood herself, in a Quarrel (I suppose she meant) with her Husband, and I did not suspect he was dead then, for she said she would not stay to be murder'd, and having packt up her Things in a Bundle, she put them in her Lap, and we both came down Stairs, and I went out with her. She lock'd the Door, and took the Key with her, and when we had got about half an hundred Yards from the House, she gave the Key to me in the Field in the Back-lane. - What Harm is there in that? I was going at that Time about my Business to Rag-fair, and she went that Way with me, but she walked faster than I could, and left me at the Corner of White's-Yard; where I went in for a Pint of Beer, and did not mind which Way the Prisoner went: Then I return'd home, and went up Stairs, and found the Man warmish; he was laid upon the Bed, and cover'd with a Blanket or Rug: He had a black Waistcoat on, and his Eyes and Mouth were open; he was warm, but quite dead. This was about a Quarter of an Hour after the Prisoner and I went out together. I saw no Wounds, for I did not open the Bed, but I came down Stairs again, lock'd the Door, and carry'd the Landlord the Key of the House. As I went down the Alley I met this Woman [ Anderson ] - no, I don't know whether I met her at this Time, or whether I met her before I came back to the House.
Mrs. Anderson . I saw him go out with the Prisoner, and he then did not speak to me: But when he returned I saw him and spoke to him.
Mangham . I don't remember what I said to the Neighbours, nor whether I speak to any of them, but a great many of them went up Stairs with me, When I first went up. There were several People saw the Deceas'd, - a great Number, - five or six, besides me and the Landlord. I don't know any of their Names, for I never had any Society with them; but they went upStairs - I said noHarm, - I don't know what I should be afraid for. As to the Deceased, I never saw any Harm by him in my Life.
Jury. Had you no Discourse with the Prisoner as you went along?
Mangham. I did not ask her any Questions, nor did she say any thing to me .
Prisoner. Ask him if he knows that I ever took up a Knife, or any thing to do my Husband any Harm.
Mangham. No, never in my Life.
Mary Matthias : I live at the Head of the Alley, and the Prisoner lived next Door to me, down the Alley. I heard nothing of the Murder, till Mangham came back and brought the Key; but I saw him and the Prisoner go out together about Seven o'Clock in the Morning. Her Left Hand and her Face were bloody, and she had a Bundle in her Lap. I was looking out of my Window, and seeing a Neighbour, I cry'd, Lord how bloody Mother Broom is! I suppose they have been fighting To-night, says she, but if they have, they have been very quiet: For she has beat him out of Doors divers and divers (of) Times, and she has sent him divers Times to a Two-penny Lodging. Mangham did not bring the Key, till about Ten o'Clock; and I was afraid to go up with the People at that time; but I went about an Hour after, with several others, and he then lay strait upon the Bed. He was cut in one Part of his Leg, and had a Cut upon the Calf of the other, and across the Thighs , and three more across his Navel, and was likewise stabbed in the Breast. He was cold, but his Eyes were opens and there was a great deal of Blood in the Room. Mangham was charged in Custody of an Officer, and I went before Justice Jones with him. The Justice asked me, believed he had been concerned? I told him, I believed he was innocent, for he one Speck of Blood upon him.
Prisoner. Have seen me do my Husband any Harm?
Matthias . I have her beat him out of Doors a great man, and have often called out to her, - or God's sake let your Husband in!
Prisoner. Did you ever see me take up any Edge-Tool, any Scissars, or Knife, to abuse him with?
Coombes. I have seen her beat him several times with the Poker, and have heard him cry out Murder! She came to Mrs. Birch, about a Month before this Fact was committed, in a desperate Passion and said, This Man won't pay my Rent, - I shall be murdered for him. I have seen her go down the Street with him, and as she has gone along with him, she has beat his Head against a Sash-Window, and broke it.
Prisoner. Fye upon you! He went to get a Stick to beat me with; - did he not?
Martha Eaton . I live in West's Gardons , at the End of the Street, in which the Deceased lived. The Prisoner came that Morning to my Shop. about Three o'Clock, for a Farthing Candle: Her Arms and Face were all over Blood, and likewise the Round of her Head. I asked her if her Husband had been beating her? She said, yes, - he had been beating her in the Garden. I said it was a cruel Thing to beat a Woman so. Aye, says she, - I have been married above forty Years, and have had seventeen Children. I saw no Wounds upon her; only a little Punch in her Arm, which had never bled.
William Brown , Surgeon . I saw the Deceased about Twelve o'Clock the same Day. He lay with his Back upon the Bed, and his Feet upon the Ground. He had several Cuts upon his Belly, and about his Thighs; but that which was mortal, was under the Right-calf, for the crural Artery was divided, and the Essusion of Blood must have been so great, that he could not live a Quarter of an Hour. The Blood upon the Floor ran from under that Leg. I believe the Wound was given with a Knife, but it must have been made by more than one or two Essays, because it was much hacked.
William Anderson . I took the Prisoner at Burford, in Oxfordshire, about twelve or thirteen Weeks ago. She was going thro' the Town, and I knew her and seized her. I had been in London about a Week after the Murder, and had heard that she was charged with it; and seeing her in Burford , about three Weeks after, I took her before 'Squire London, and there she said, she heard that her Husband was murdered, and there was nothing left for her, tho' she should have gone to see after him. She told me, - he was always quarrelling with her, and she found a Pen-knife in the Bed with him, when she went that Night to Bed. I took her from her Sister's, at The Royal Oak, at Burford .
The Jury found the Prisoner Guilty . Death .
Mr. Griffin. I don't know the Prisoner. I was robb'd about Three o'Clock in the Afternoon, on Tuesday the 13th of November, on Hounslow Heath, in the Parish of Heston , of twelve Shillings. I was coming over the Heath in a Chariot; and the Person that robb'd me, came up with a Pistol, and order'd the Chariot to Stop: It was stopp'd accordingly, and the Man demanded my Money and my Gold, and threaten'd to shoot me. The Glass was drawn up, but he swore he would fire through it, if I did not let it down. Upon this I let it down, and he demanded my Money and Gold, - those were the Words. I told him, I did not travel with Gold about me, because I had no Occasion for it, but I had some Silver, and he was welcome to that; so I put four Half-Crowns and two Shillings into his Hand. I could not discover any thing of his Face, because he had either a Mask or a Crape over it. When he had got my Money he went away, and my Servant told some People who came by, that I had been robb'd by one who was just gone before. They pursu'd him, and took a Man; but I am not certain whether he was the Person that robb'd me. I was coming to London, and so the Man was brought to Town likewise, and was carry'd before Colonel De Veil, and I was present when he was examin'd, but he neither deny'd not confess'd the Fact.
Prisoner. I desire he may be asked, whether he is pretty positive to the Hour?
Mr. Griffin. I reckon it was about Three o'Clock , or between Three and Four; it was light.
Prisoner. I would ask him, if he had a Watch in his Pocket.
Mr. Griffin. I had; but I did not look at it. There was a Gentleman in the Chariot with me at the same time.
Prisoner. I ask him, whether he put the Glass down himself, or the Gentleman that was with him?
Mr. Griffin. The Gentleman who was with me let the Glass down.
Prisoner. Just now he said he let the Glass down himself.
Mr. Griffin. He did it by my Order; - there's nothing in that. As to the Horse the Man was upon, I saw nothing but his Head, the rest of his Body was behind the Chariot Wheel.
Henry Mascal . On Tuesday the 13th of November , I was driving my Master over Hounslow-Heath. About Three o'Clock a Man on Horseback stopp'd me; then he went up to the Side of the Chariot, and swore he would shoot through the Glass, if it was not let down. As soon as the Glass was down, he bid my Master deliver his Silver and Gold: He told the Highwayman, he never travel'd with Gold about him, but always with a little Silver to bear his Charges. When he had got what he could, he rode off, and one Mr. Stone coming along on Horseback I told him, my Master had been robb'd , and he got Assistance, and pursu'd and took the Prisoner, but I can't swear to him; I thought he had rode on a bayish Horse.
Prisoner. I would ask the Witness, whether he did not tell Colonel De Veil, when we were all before him, that he believed I was not the Man.
Mascal. I did say, I thought he was not the Man. - I did not see his Face when the Fact was committed.
Prisoner. I ask him, whether he did not assign two Reasons before Colonel De Veil, why he thought I was not the Man? Whether one was not, - that the Man who robb'd the Chariot had a lighter colour'd Coat; and the other, - that the Man was something taller than I am.
Mascal. I was so frighted, that I could not tell what colour'd Coat he had on; I said nothing like that, but I took him to be a taller Man than the Prisoner. The Prisoner was carry'd before Colonel De Veil the next Morning.
John Stone . I was coming from London the 13th of November, and about Three o'Clock, between Hounslow and Butcher's Grove, I saw a Chariot stopp'd, and a Man at the Side of it. I kept riding on, and saw the Man (who had been atLord Berkley 's Steward at Cranford , and borrowed a loaded Gun, then I went in Pursuit of him again till I came to Uxbridge, and in a Lane near Lord Bolingbroke's Park , I saw a Man off his Horse, making Water, and I believ'd him to be the same Man I had pursu'd on Horseback; but as I was alone, I did not chuse to attack him myself, so I stopp'd my Horse, and turn'd him round, and saw a Man coming to my Assistance with a Blunderbuss. Then we went forward, and the Man fled; we rode very hard after him, but my Assistant's Horse's Bridle happening to break, we were obliged to stop a little, and so the Person we pursu'd got out of our Sight. For some little time we kept on in the straight Road, but not seeing him, we turn'd towards Arlington-Fields , and went down a Lane into an open Field, and there my Companion caught Sight of him again. He (finding himself pursu'd) rode into a Lane that leads to Lord Bolingbroke's Park , but there being a Gentleman's House at the End of the Lane, he turn'd his Horse short, and came up again by the Canal, where he met us full-but, and we were within forty or fifty Yards of him, only there were some Pales and a Ditch with Water between. When he saw us so very near him, he seem'd to be very much surprized, and put his Hand into his Pocket, or Bosom, as if he felt for his Pistol; upon which the Man who was with me bid him stop, or he was a dead Man. I cry'd, - for God's Sake don't shoot him, and then the Prisoner turn'd short again, his Hat sell off, and he rode away without it, through a Place where there were near twenty People grubbing up Wood. We follow'd him, and cry'd, Highwayman! Highwayman! but lost Sight of him again. We hunted after him an Hour; and Night coming on, we gave him over for lost; but as I was making the best of my Way home towards Drayton, in a common Field I stood still a little, to consider which was my nearest Way. While I stood still, a Man halloo'd to me and I saw three Men had got hold of the Prisoner. I am positive the Prisoner is the Man they had seiz'd. When I got up to them, I bid them carry him to a Publick-House, and I think I gave the Constable Charge of him myself.
Prisoner. I would humbly request he may be ask'd, if he is sure I am the Person he had been in Pursuit of?
Mr. Stone. I can't take upon me to say he is the same Man I pursu'd; for I never was so near him as to see his Face plainly, and his Cape was done up about it. The Horse he rode on was a brown bay Mare or Gelding.
Robert England . I was Servant to my Lord Berkley at Cransord . Mr. Stone came to my Lord's Steward to borrow a Gun, and to ask for Assistance to take a Highwayman. The Steward desired me to follow his Friend Mr. Stone, and assist him. I took a Horse out of the Stable, and a Blunderbuss in my Hand, and overtook Mr. Stone in Lord Bolingbroke's Lane . There we had the Prisoner in Sight, and rode hard after him, but my Horse's Bridle happening to break, I was obliged to clap my Hands round his Neck to stop him a little while, and in the mean time we lost the Prisoner. As soon as we could, we followed him again, and upon Enquiry, we were told he had rode hard down the Lane; so we made after him, and saw him; which he perceiving, made a short Turn, round a Hedge by a Canal, into a Place where there were high Pales, and a Ditch between us, and here we met him. When he saw us coming up to him, he pulled a Pistol out of his Pocket; upon which I presented my Blunderbus at him, and told him, if he did not stand, I would shoot him. He seeing this, turned his Horse short; his Hat sell off, and he made the best of his Way to get off. This was about Three o'Clock. We rode hard after him; he whipp'd, and I whipp'd; but I lost Sight of him near Lord Bolingbroke's. After this we enquired of some People who were grabbing up Roots , if a Man had not rode by, without a Hat? They told us he was just gone past, but I never got fight of him more: For Mr. Stone and I parted soon after: he turned toward Cranford , and I went to Hounslow .
Prisoner. Is he sure I am the Man he Pursued?
England. Yes; I am sure he is the Man. I was not very near him, but I was near enough to see some of his Face, when I came up with him against the Pales, but not enough to know it again.
Prisoner. Why then do you think I am the same Man you pursued?
England. By his Dress: He had a Surrout Coat and a Hood on it, to pull over his Head, and it was pulled over his Head at that same time; he was a thin young Gentleman, and such he seems
Samuel Simon . I saw the Prisoner come riding very hard down a wide common Field (in the Parish of Drayton ) without a Hat. His Horse was very much sweared, and in leaping over a Brook, the Horse and Rider had like to have been down . He turn'd the Corner of the Hedge, and in a Minute's Time I saw him on Foot; then I and two others pursu'd him down a little Lane, over a Hedge, into a Field, where we found him with a Pistol in his Hand, attempting to shoot himself through the Head: I begg'd of him not to shoot himself, and then he turn'd the Point of the Pistol toward me, and snapp'd it; I saw Fire, but it did not go off. I was fearful because of the Pistol, and fell back; but finding he could not make the Pistol go off, I went up to him, and took him with it in his Hand. He told us he would hurt none of us, and said, he was ruin'd and undone, for he had robb'd a Gentleman's Coach. We ask'd him how much he got from the Coach; he told us 12 s. but he had abused nobody, and therefore he begg'd upon his Knees we would let him go. We told him we dar'd not, and took him down the Field with us, and call'd to Mr. Stone. As we were carrying him along, he told us, there was a Man in Pursuit of him, upon a grey Horse.
Mr. Stone. I rode after him upon a grey Horse.
Prisoner. Ask him, if he is positive I mention'd a grey Horse, and if I did not say 'twas a white Horse.
Simon. He said it was a Man on a grey Horse.
Prisoner. Ask him, whether I surrender'd myself, or whether they took me by Force?
Simon. At the very Instant that I took hold of him, he said, he would not hurt any of us. This is the Pistol he then had; 'tis in the same Condition as it was at that Time. [The Pistol was unscrew'd, and was loaded with one Ball.]
John Taylor . As my Brother and I were coming along Dragon-Feild , at the Corner of the Hedge, we met the Prisoner riding, without a Hat. He rode a great Pace, and came up just against us, frequently looking behind him as he rode. He got over the Brook, and rode round the Corner of a Hedge, and was then out of our Sight. In a small Time he came up a Lane into our View again, and after he had stopp'd a little while, he turn'd round, and went back again. Then we follow'd him, and found his Coat and his Whip in the Lane, but I did not see him quitting his Horse; it was in a Place call'd Holloway-Lane . I saw him run out of the Lane, into the open Field, and I follow'd him thither, with a Stake I had got out of a Hedge: In this Field I saw him stand with a Pistol against his Head; then he put it into his Pocket, and pull'd out another: He made two Attempts to shoot himself. When I came up to him, he said, If you'll use me like a Man, I will surrender to you. We told him, we would not hurt him, and desir'd him to put down his Pistols; one of them he put into his Pocket , and the other he kept in his Hand, which the former Witness took from him. This is the Pistol he had in his Pocket: I took it from thence, and 'tis loaded with one Ball, but there's not above a Corn or two of Powder in the Pan. He fell down on his Knees, and begg'd we would let him go, telling us he was ruin'd, for he had robb'd a Gentleman's Coach upon Hounslow-Heath , of 12 s. and had been pursu'd by a Man upon a grey Horse. As we carry'd him to Drayton , we met Mr. Stone, who search'd him, but found nothing more upon him.
Prisoner. There are several Gentlemen in Court, who well know, I have had the Honour to serve Mr. John Lewis of Lincolns Inn many Years, in the Quality of a Clerk. He is now retir'd into the Country, and having no Occasion for a Clerk, he disiniss'd me. Before my Dismission from his Service, I had Orders to go to Mr. Leak of Denham , to settle an Account between his present Wife and a Gentleman deceased, and I was now going to put the finishing Stroke to them. As to my carrying Pistols, I humbly hope I had some Reason so to do, the Roads being so much infested with Highwaymen, and as I was not of so much Quality as to ride with Holsters, I thought it more decent to carry them in my Pocket. I did not ride from these Gentlemen, till they in a most furious Manner rode after me, nor did I ride fast, till they threaten'd to shoot me; and I rode over common Fields, till I thought I was out of their Hands, but perceiving somebody at a Distance, like the Man who Pursu'd me. I got off my Horse to screen myself from him. The Truth is, I did not confess any thing to these Men, but they have swore thus for Lucre and for the Reward; and as
John Howel , Esq; Mr. Lewis of Lincolns-Inn was my Clerk some Years ago: He afterward took Chambers himself, and the Prisoner was his Clerk for six or seven Years. He intrusted him, and he serv'd him faithfully till about July or August last, when, having no great Occasion for a Clerk, he discharged him. The Prisoner has likewise done Business for me; I have observ'd him to be industrious for many Years, and this is the first Fault I have heard of him.
John Hopkins , Esq; I have had Chambers in Lincolns-Inn many Years; and Mr. Lewis being a particular Friend of mine the Prisoner has frequently been at my Chambers; I never observ'd him to have behav'd ill, and I believe if his Master had, he would have told me. As to this Fact, I have nothing to say.
Mr. John Jenkins . I have Chambers on the next Stair-Case to Mr. Lewis. The Prisoner was several Years a hired Clerk to him. I had an Intimacy with Mr. Lewis; and the Prisoner, in his Matter's Absence, has often come to my Chambers for Instructions. When he has not been employ'd in his Master's Business, I have employ'd him myself, and have observ'd him to be a very industrious young Fellow. He has engross'd Writings for me, (when he has been at Leisure) and has earn'd considerable Sums of Money: He has receiv'd several Sums for me, and likewise upon his Master's Account; the last Money I paid him was I think in July last . He was a Person I should not have suspected to have been guilty of such a Fact.
Mr. David Lewis . Mr. Lewis, who was the Prisoner's Master, is a distant Relation of mine, I have known this young Man as his Clerk for many Years. I look'd upon him as a careful industrious young Man, one who had a very fair Character, and I never heard any thing otherwise of him till now.
Thomas Lewis . The Prisoner was my Brother's hired Clerk, about five or six Years. My Brother has been out of Town about two Years and a Half, during which Time he has been intrusted with Affairs of great Consequence, and continu'd to act for him as his Clerk till very lately. My Brother has wrote me Word, that he has Effects in his Chambers to the Value of several Hundred Pounds, and if the Prisoner had been in such Distress as tempted him to illegal Courses, he believes he would sooner have disposed of some of those, than have run this Risque. In Confirmation of his Master's good Opinion of him, he de sired me to supply him with what he wanted in Goal. I have heard his Master often give him a good Character, and have heard him say, he intended to be the making of him. He intended to have been here himself, but some Affairs of Consequence prevented him, and he is at the Distance of 150 Miles from hence.
The Jury found the Prisoner Guilty, Death . But recommended him to his Majesty's Clemency .
5. Richard Land , of St. Michael Crooked Lane , was indicted for stealing a Man's Hat, val. 2. s. a Pair of Boots, val. 10 s. and a Pair of Silver Spurs, val. 7 s. the Goods of William Smith , Nov. 9 . Guilty, 10 d.
7. Diana Coal was indicted for stealing a Silver Milk-pot, val. 14 s. three Tea-Spoons, val. 4 s a Pair of Silver Tea-tongs, val. 4 s. and a Silver Tea-strainer, val. 2 s . the Goods of Obed Parsons , Nov. 19 . Guilty .
Mr. Arnold. I am a Painter , and live in Covent-Garden . On the 29th of last Month, between Six and Seven o'Clock at Night, I was coming out of the City, and two Doors above Milford-Lane, near Arundel-street in the Strand , the Prisoner forced between me and the Houses. I turn'd, and ask'd him what he wanted, and would have given him the Way. My Watch was then in my Fob; but a second Man came immediately up on the other Side of me, and the Prisoner and the second Man held me, while a Third took my Watch out of my Fob* . Then they all three ran away, and I cry'd out, Stop Thief! The Prisoner turn'd down Arundel-street , and I pursu'd him till I was out of Breath, and could run no longer, but
*The Prisoner was indicted only for a Single Felony; as it appears upon this Evidence, he might bavcharg'd with a Street Robbery.
Robert Simmonds . I am Apprentice to Mr. Darves , a Bricklayer, in Holborn, and happen'd (at the Time the Gentleman lost his Watch) to be coming through Arundel-street . There was a Cry of Stop Thief, and the Prisoner running very fast, I clapp'd my Hands round his Waist, and stopp'd him: He made no Resistance, though he had a Stick, but said the Fellow is gone this Way, and I was going after him, The Gentleman came presently up to us, and charg'd him with being an Accomplice of those who stole his Watch.
Elizabeth Wade . I have liv'd with the Prisoner ever since last Christmas. He keeps a Lodging-house next Door but two to the Hay field, the upper End of Rag-fair, and he has a Child that I look after in his House. I went to see a Friend, and staid out with the Child all Night at one Mr. James's in Belton street , St. Giles's. The Prisoner came there next Day, to see for us, and between Six and Seven next Evening we were coming home down the Strand, and there being a Crowd of People, he endeavour'd to push along, to make Way for me, and the Child who was asleep in my Arms. I had hold of his Arm at the same time, but I let it go in the Crowd, that he might push through. At the same time I heard a Cry of Stop Thief, and stood still a little while, but having lost the Prisoner in the Crowd, I went home, and next Morning I heard - he was in Trouble.
George Carlow . I know the Prisoner to be a Neighbour of mine. - I have known him between six and seven Years; he keeps a Houses and I never heard but that he had a good Character, and is beloved by his Neighbours, - He's a very civil Man.
Mary Travis . I have known him between six and seven Years; he has been a House-keeper in one Parish for some time, and now he keeps a Lodging-house , and as far as I have heard, he bears a good Character. He kept the Ship in Bowl-Yard, and The Plough and Harrow in St. Thomas's street, and now he lives at the other End of the Town. Guilty .
10. + James Stuart , of All-hallows, London Wall , was indicted for stealing a Silver Punch-cup, value 12 s. and thirty Shillings in Money, the Property of Edward Ellis , in his Dwelling House , Sept. 27 . Guilty 4s. 10 d.
12. John Duggon , of St. George's Bloomsbury , was indicted for stealing a Cloth Great-coat, value 2 s. 6 d. a Dimitty Gown, value 2 s a quilted Linnen Coat, value 6 d. and a Stuff Curtain, value 6 d. the Goods of John Smith ; and several other Things , the Goods of John Rumbold , Oct. 27 . Guilty .
13. David Buck , otherwise Bell , was indicted for stealing a Rump of Beef, value 20 d. a Spring of Park, value 22 d. a Leg of Mutton, value 6 d. two Guineas, a half Guinea, a Moidore, and eighteen Shillings and Four-pence in Money , the Property of William Ireland , Nov. 13 . Acquitted .
14. + Elizabeth Hamaria , of St. James's, Westminster , was indicted for privately stealing four Yards and a half of Lawn, value 15 s. the Goods of Elizabeth Wand , in her Shop , Nov. 13 . Guilty, 4s. 10 d.
15. + Thomas Bilby was indicted for stealing a Cloth Great-coat, value 20 s. a Cloth Frock, value 4 s. and a Man's Hat, value 4. s. the Goods of William Parr , in the Coach-house of Theophila Patridge , Nov. 9 . Acquitted .
George Steward , who belongs to the Train of Artillery.
Prisoner. As to that Man, he has sworn nine Lives away two Years ago. The Soldier that was with me, is as much Guilty as I am, though they have let him go. Guilty, 4 s. 10 d.
She was a Second Time indicted for stealing a Callico Shirt, the Goods of Thomas Baily , two Linnen Sheets, a Shirt, and several other Things , the Property of Thomas Oxton , Oct. 18 . Guilty, 4s. 10 d.
18. + John Clarke , of St. Margaret's, Westminster , was indicted for stealing seventeen Pair of Iron Hinges, value 8 s. 6 d. and twelve Iron Locks, val 6 s. the Goods of Thomas Oxton , and John Lawrence , in the Shop of Thomas Oxton, Nov. 9. Guilty, 10 d.
26, 27. + James Markartney and the Ann Johnson were indicted for assaulting Martha, the Wife of John Hopkins , in the Dwelling-House of Henry Gaffney , putting her in Fear, &c. and taking two Guineas, three Half-Guineas, and nine Shillings , the Money of John Hopkins, from the Person of Martha, Nov. 6 .
Martha Hopkins . On the 5th of November, at Night, I happened to be out late; and about half an Hour after Twelve I went into Gaffney's House, seeing the Door open. - He lives in Goldsmith's Alley , in the Coal-Yard, the Back-side of Holborn, and sells Liquor. I never was there in my Life before, but I staid there till Five o'Clock in the Morning: And between Four and Five the Prisoners robbed me of two Guineas, three Half-guineas, and nine Shillings in Silver; The Woman (Johnson) held me, while Mackartney took the Money out of my Bosom. I resisted as much as I could, but Mackartney spirted a Mouthful of Gin in my Face, and abused me very grosly. Gaffney stood by me all the time, but he did not touch me, and I was afraid to speak for Fear of my Life. As soon as they had got all my Money, they all three went to an Ale-house, and left me alone in the House.
Jury . How came you to be out so late that Night?
Hopkins. One Mary Smith came to see me at my Lodging at Mrs. Furlong's , in Longditch, Westminster , and I had been to see her Home; she is Servant in Lincoln's-Inn-Fields . I did not know the right Way back again, so I enquired of a Watchman, and he bid me keep strait along. It was then very cold, and I had had an Ague and Fever upon me, and began to grow very ill, so I asked the Watchman, where I might have a Glass of Liquor, so he directed me to this House, and the Door being open, I went in - into the lower Room, - a publick Room, and drank a little. Gin there. I intended to have gone home that
Henry Gaffney . This Woman came into my House, in Goldsmiths-Alley, about Twelve O'Clock at Night, tho 5th of November, and asked what we sold? Mackartney told her, she might have a Glass of good Gin; and so she sat down by the Fire, and called for a Dram. Then she put her Hand in her Pocket, and drew out her Purse, and gave me half a Guinea to change. I sent Mackartney out to get Change; he came in again, and gave her nine Shillings, the rest she had spent. Between Four and Five, Mackartney fill'd his Mouth with Gin, and spirted it in her Eyes; then Johnson held her, while Mackartney took the Purse out of her Bosom - 'twas a yellow and white Purse. He empty'd it into his Pocket-Apron, and threw the Purse in her Face, after he had put a few Half-pence into it, instead of what he took out. She complained immediately of being robbed; but he asked her where she should get so much Money to be robbed of, and turned her out of Doors. She got in again, and we all went to Harry Green's Beer-house, in Cross-Lane , St. Giles's , where he shewed me two Guineas, three Half- Guineas , and nine Shillings. One Guinea he changed, and gave Johnson fifteen Shillings, and I had fifteen Shillings myself. He gave me a Guinea, and I gave him a Crown out of it, to make up the Change for Johnson. She had half a Guinea, and the rest in Silver. When he was before Colonel Deveil , the Constable searched him, and found the Change in his Pocket-Apron, in my Presence. Before we had divided the Money equally at Green's, Mr. Hall came in and took us, so I got no more than fifteen Shillings.
Johnson. Ask Gaffney, Whether the Woman did not come in without Stockings, and whether he did not lend her a Pair, to keep her Legs warm? And whether she did not give him half a Guinea to serch a Gallon of strong Beer, and if he did not come in again and say, 'twas a bad Half-Guinea? Gaffney would have put it off, at another Alehouse, but the Woman, to prevent Disputes, gave him another to fetch the Beer.
Gaffney I never saw the Woman before that Night, with my Eyes: Nor do I know whether she had Stockings on, or not. She gave me half a Guinea, but it was a good one; I gave it to Mackartney , and he having a bad one before, swore 'twas the same the Woman gave me.
Hopkins. I had Stockings on when I went in; and borrowed none.
John Hull , Constable. The Woman (Hopkins) came to my House, in Bow-street, Bloomsbury , on the 6th of November, between Six and Seven in the Morning, crying: She said, she had been robb'd, and believ'd she could find the People who had her Money. I went with her to the Coal-Yard , and from thence to Harry Green's, where I found Gaffney and the two Prisoners very much in Liquor. I told them, a Robbery had been committed among them, but-O they knew nothing of it, - not they, - and they all swore to it. Hopkins charg'd me with Mackartney and Nan Johnson , so I took them before Mr.De Veil, and left Gaffney behind, but Mr. De Veil ordered him likewise to be brought, so I went back and took him. Mackartney told me, he had borrow'd two Guineas of Green, and I asked Green before his Face if it was true? Green said, no, he had not loat him a Parthing. We searched him, and found 17 s. and some Halfpence, in his Pocket Apron, this is the Money. Upon Nan Johnson we only found some few Half-pence, but as we were carrying the Prisoners to Newgate, Green's Son brought her five or six Shillings. Gaffney was made an Evidence, but what he said to Colonel De Veil I know
Mackartney , This Money was my Creditors, 'twas none of mine.
Mr. Hull . He told us, he owed one Mr. Collier, a Distiller, for Liquor; and Mr. Collier said it was true; but he did not say this was his Money. He gave him a bad Character, and said he should be glad to have what he owed him.
Johnson. When I went to Gaffney's , this Woman was secting by the Fire, smoaking her Pipe, without Stockings; she called for half a Pint of Gin; then for another, and made six or seven People drink who were in the House. It snow'd, and was very cold, so Gaffney said, - my dear, you'll catch cold; how come you out without Stockings? Why my Landlady and I have quarrelled, said she, and I never can lie a-bed when I am in a Fret. Then Gaffney bid her pay the Reckoning, (it came to 10 d.) and he told her he would not trust. Do you think, said she, that I have no Money! I'll have a Gallon of Beer, and out she pulled half a Guinea from her Purse, and Gaffney gave it to Jemmy Mackartney , to fetch the Beer. Jemmy came back, and said it was bad Money, and the Woman gave him another. Then Gaffney lent her a Pair of Stockings, which affronted her, and she said she'd sit without. Gaffney swore before the Justice, that I picked Seven-pence Half-penny out of her Pocket, and she laid no more than this to my Charge.
Hopkins. I charged her before the Justice, with taking Four-pence Half-penny from me. I would be within Compass. She picked my Pocket of Four-pence Half-penny, just before Mackartney took my Purse.
Mackartney . There was one Carolins , and Nan Beaver, and several others in the House beside us; and the Woman was asleep by the Fire-side, when I went out for the Beer. When I came back again, she had lost her Money. As to Gaffney, - He'll swear a Cat's a Cucumber ; he wants Bread, and would steal a Morsel from a Cat.
Gaffney . I took this Mackartney in, as a Partner with me in selling Liquors. The House is mine: I took it about three Months ago of Mr. Hilliard, and am to answer to him for the Rent; but on his coming in Partner with me, he was to pay half the Charges.
Hopkins. I am sure 'twas all the Money I had in the World. I came up about a Fortnight before, from Bath, and had worked hard for it, at Chairing and Ironing. My Husband left me , and went a-board a Man of Wat , because he and I had a few Words. Both Acquitted .
28,29,30. + James Shields , Charles Spinnel and Thomas Dent . of Paddington , were indicted for assaulting. Joseph Read , and Elizabeth his Wife , on the King's Highway, putting them in Fear, &c. and taking from Joseph a fore Quarter of Mutton, val.18 d. and twenty Shillings in Money, and four Shillings in Money from Elizabeth , the Goods and Money of the said Joseph, Nov. 18 .
Joseph Read . I am a Higler . On the 18th of November, between Three and Four o'Clock on Sunday Morning, as I was riding in my Cart from Clare-market, and going home to Wemly-Green, in the Parish of Harrow , two Men came up to me first, and another Man immediately after them. Shields had a Pistol in his Hand, and Spinnel (the old Man) had a great Stick: I did not see any thing the third Man had. Shields bid me deliver my Money, or he would kill me; he and Dent said they would turn our Cart Bottom upwards, and would smother us in the Ditch. The third Man was present at the same Time, and my Wife was in the Cart at the farther End. I gave them to the Value of 20 s. and they took likewise a fore Quarter of Mutton. They took some Money from my Wife, but I did not see what it was. Shields was the Person that had my Money; upon his threatening me, I toss'd it into his Hat; but at that Time Dent was gone to Marlow's Waggon , which was a little Way from us.
Jury. Was it dark or light?
Read. It was not very dark, for I could see them very plainly. When they had got my Money, they went to my Wife, and took what they could form her: Then they bid me go on, and they went to ( assist ) the other Man who was at Marlow's Waggon .
Jury. Which of the Prisoners took the Mutton?
Read, Charles Spinnel , the old Man. Marlow's Waggon was about the Breadth of this Court before us, till they turn'd us out of the Road. I can positively swear, that first and last, all the three Prisoners were with us. The two young ones I never saw before that Time, but the elderly Man
Elizabeth Read . I am Wife of Joseph Read : As my Husband and I were travelling home in our Cart, one of the Prisoners [Dent] stopp'd us, another of them stood at the Copses of the Cart, and the third Man stood behind the Cart. Shields damn'd me for a Bitch, and bid me give him my Money, so I took it out of my Pocket, and flung it into his Hat; 'twas about four Shillings he had from me. After this they swore they would over-turn the Cart, and I said, - Pray, Sir, don't over-turn the Cart! pray don't do us any Hurt, - you have got our Money! then the elderly Man (Spinnel) who was at the Tail of the Cart, told me, they would not do us any Hurt. This was between Three and Four o'Clock on Sunday Morning, and there was Marlow's Waggon just before us at the same time. I can take a safe Oath, that the three Prisoners are the Men, for 'twas light enough for me to see them. I did not go back to see the Prisoners when they were taken; the first Time I saw them was a Fortnight after, but I am positive they are the Men.
James Marlow . I was coming from Clare-Market (at the same time) with my Waggon: I was asleep in it, and a Boy was driving it along before Read's Cart . We were stopp'd first, and the Noise they made at the Boy wak'd me. I saw the Prisoners, Shields and Spinnel , at Read's Cart , the other kept at my Fore-wheel. I saw them at his Cart , and hend them threaten Read, but I was so fritt (assighted) that I don't remember what they said, nor can I say whether Read gave them any thing, or whether they took any thing from him. Shields and Spinnel were taken about Five or Six o'Clock at Paddington , which is half a Mile nearer London han the Place where we were robb'd, and I saw them after they were apprehended. Spinnel own'd the Fact , and said, the Man in the Cart told 'em, he hoped they would be merciful, because he had just lost a Horse; he mention'd the Money taken from me, but I did not hear him say what he had taken from Read. Dent stood at the Wheel of my Waggon, and damn'd me, and told me, he had a good Mind to cleave my Brains out with his Stick, and I thought he would have dash'd my Brains out, so I shut my Eyes, and am not so positive to him as I am to the other two. He (Dent) is like the Man, and I believe him to be one of the Three: He kept swearing at the Fore-wheel, and said, he would break all my Baskets and Hampers to Pieces. It was so light when they met us, and I saw the other two so plain, that I knew them the Minute I saw them again; but I could not be so positive to the other.
Mary Marlow . I was then traveling home in the Waggon with my Son, and saw Shields and Spinnel go to Read's Cart. I don't know what they took from thence, but I heard them say, they would overturn his Cart, and would kill them, if they could; and after they had stopp'd him, they drove it out of the Way, in order to throw them over into a Ditch. I heard them tell Read and his Wife, - if they did not give them more Money, they would throw his Cart over; and Read told them, he had given them all he had. Shields and Spinnel were two of them, but I am not so positive to Dent.
William Newman . As I was going home the 18th of November, about Four o'Clock in the Morning, I heard Marlow (the Woman) cry out in the Road, - don't kill me, I have given you all the Money I have in the World. Upon this I went up towards the Cart from whence the Cry came, and saw a Man stand with a Pistol in his Hand, and heard him say, - Damn you for a Bitch, if you say a Word I'll blow your Brains out. This was on Westbourn Green , about half a Mile beyond Paddington . I knew the Woman before, and then knew her Voice, so I intended to have rode up to her Assistance, and to have knock'd the Man down, but seeing the Pistol I retreated, and rode to Mr. Godfrey's ; but I could not get in there, so I went from thence to Mr. Russel's at Paddington , and call'd them up: A Watchman happening to come by at the same time, I likewise spoke to him, and bid him get another Man, for a Robbery was committing on Marlow's Waggon . As soon as Mr. Russel was got up, he and I, Joseph Greenfield and George Harrison , took the Horse way, and we agreed to take
Robert Russel . Mr. Newman rode into my Yard at Paddington , and call'd me up, and told me, he had seen some People robbing Mr. Marlow's and Read's Carts. He knew both Parties, so he desired my Assistance to take the Men. He said, he heard one of them swear he would blow Mrs. Marlow's Brains out, which gave him Reason to believe they had Fire-arms, else he would have assisted them then. Upon this I call'd my Man Harrison, and one Greenfield to assist us; and we agreed that Newman and I should take the Horse way, and the other two the Foot-way, if we did not meet them by that time we came to the Ponds. Before we came to this Place, we met them at the Turn-stile, coming on the Green. Mr. Newman was before us, and it was dark; but I perceiv'd his Horse stop, therefore I imagin'd he saw somebody; whereupon I levell'd my Piece, and ask'd, Who's there! Newman cry'd, these are the Men, attack 'em! knock 'em down! shoot 'em! Greenfield and Harrison immediately push'd by me, and caught Spinnel and Shields; and Greenfield call'd out, and told us, one of them was slipp'd away. I said I saw him, in order to 'fright him, tho' I did not see him, and that I would shoot him if he attempted to get off. Mr. Newman then got off his Horse, and knock'd down Spinnel, telling him, he would knock him down again, if he would not be quiet; and I pull'd my Garters off, and ty'd his Hands. I am sure Spinnel and Shields are the Men we then took, for before we went off the Spot, we had a Candle and Lanthorn, by which we look'd at them. I told them then, that we took them on Suspicion of a Robbery, and they then made little or no Defence; but when we had got them to my House, they confess'd they had committed a Robbery, and said it was the first Fact they ever had committed. I ask'd Shields the Name of the third Man who had escaped; he told me, - Dent , and gave me Directions to go after him to the Coal-yard, to his (Shields's) Lodgings. Accordingly Greenfield and I went thicher , and enquir'd of Shields's Wife, (who is Dent's Sister) where Dent was; she told us, he had been there about two Hours ago, but was gone. Shields having directed us to Dent's Lodgings, (if we should not find him in the Coal yard) we went according to his Notice, first to Golden-Lane, and then to an Alley in Whitecross Street, and to several other Places, but could not find him. At last we came back to Shield's Wife, and told her, if she would tell where Dent was, it might save her Husband: Upon this she told us, he would be in Newtoner's Lane in the Evening, and when he did come there, she got one Smith, a Constable, to apprehend him.
John Smith , Constable. I took Dent in a Cock-loft, under the Roof of a House, where he had conceal'd himself, flat upon his Face, with his Arms extended, in Newtoner's Lane . A Man in the House discover'd where he was conceal'd, by pointing to the Place with his Finger, upon which I got hold of him, in the Cock-lost, and jump'd down with him ten Feet, into the next Room. Having heard of this Robbery at Paddington , I sent to let Colonel De Veil know that I had got the third Man: He orderd me to bring him before him, add there he desired to be admitted an Evidence. Mr. Harrison was present, and having Spinnel's s great Club in his Hand, he ask'd him, if
Shields. What these Men accuse us of, is wrongfully, I will give you my Word. We had been out to see for Work that Night, and having met with two or three of our Trade, they gave us some Beer, and we being be-lated were making the best of our Way home, when we met these Men, and it being dark, we did not see them till they were just upon us, and one of them catch'd fast hold of me.
Dent. Mr. Russel clapp'd the End of his Piece directly against my Breast, and told me, if I stirr'd he would shoot me, but I ran away, and was afterwards taken by Mr. Smith the Constable.
Spinnel . We had been out to see for Work, and having Maid drinking till it was late, we were making the best of our Way home when these Men met us. They seiz'd Shields, and knock'd me down twice with an Iron Bar. You may see how they us'd me.
Mr. Russel . I took the Pistol from Shields that Night to the Dark. This is the Pistol; 'tis loaded with Shot and Powder. When we had him in the Publick House, we searched him, and found 4 s. and Sixpenn'orth of Halfpence, in one Pocket, and sixteen Pence three Farthings in another.
The Jury found all the Prisoners Guilty , Death ,
James Merlow . I know two of them verywell, Shields and Spinnel . They wak'd me with swearing at the Lad that drove my Waggon. Shields came first up to me with a Pistol, and swore if I did not deliver my Money, he would blow my Brains out. I said, indeed, Sir, we have no Money; but he swore he would kill me, so I put my Hand in my Pocket, and gave him 17 or 18 Pence, in Halfpence. Then the other Man ( Spinnel ) came to me, and said I had more Money, and if I did not deliver it, he would beat my Brains out with a great Club, which he had in his Hand. This is the Stick (as near as I can guess.) Upon Spinnel's threatening me, I gave him two or three Halfpence more. Then they went to Read's Cart; and one of them told me, as they were going away, if I did not bring more Money the next time I came, they would kill me on the Spot. The other Prisoner (Dent) is like the third Man, but he never was so near me as the other two. He came by me with a Stick in his Hand, and threatened to dash my Brains out, so I shut my Eyes, and did not see so much of him. He asked me if I had a Watch about me, or any Geese in my Baskets or Hampers? I told him no, I had nothing but the Cloths. The Man that kept at the Fore-wheel of the Waggon, search'd my Boy, and took away a Tinder-box from him. I asked Dent when he was before Col. De Viel, what he had done with it? and he told me it was good for nothing, and therefore he had thrown it away. Shields and Spinnel were taken about an Hour after the Fact, and Mr. Newman came after us, to let us know they were in Custody. I went Home and took a Horse, and came back directly; and as soon as I saw them, I said they were the Men who had robbed me. I said so then, and so I say now. Shields took the first Money from me; then Spinnel came with Oaths to me, and I gave him the rest. I don't know what they took from my Mother; but when I saw Spinnel , he confess'd, and told me what Money he took from me.
Mary Marlow . I know Spinnel and Shields very well; I am sure they are the Men: I knew them the Minute I saw them again. I was at this Time in the Waggon with my Son, but I put my Head out to talk to them. They demanded my Money with great Oaths, and I gave them what I had - two Sixpences, and the Value of Six-pennforth of Halfpence. They damn'd me, and asked me if I had no more? I told them I had no more. They said they would have more, or they would blow my Brains out. I assur'd them I had given them all I had about me; and then they went their way, and said, D-mn their Eyes, if we did not bring more Money with us the next Time we came that way, they would blow our Brains out.
Joseph Road . When my Cart was robbed, Marlow's Waggon was just before. The Prisoners first went to him; then they came to my Cart, and afterwards went to his Waggon again. I don't know whether any Money was given them
The Jury found them Guilty , Death .
31. Sarah Liddiard was indicted for stealing seven Pair of Worsted Stockings, val. 2 s. 6 d. three Linnen Aprons, val. 1 s. and five Towels, val. 10 d. the Goods of Ebenezer Nevil , Nov. 2 . Guilty, 10 d.
32. Ann Bonner was indicted for stealing two Linnen Handkerchiefs, val. 2 s. a Linnen Apron, val. 12 d. the Goods of Gabriel Marse ; and a Linden Apron, val. 2. s. the Goods of Magdalen Fourtee , Nov. 19 .
The Prisoner pleaded Guilty .
Mr. Edridge . I sold a Parcel of Elm Timber some time in September last to one Richard Walter for 150 l. he gave me 30 l. down, and gave me several promissory Notes for the rest, which became due at different Times. When two of the Notes became due, I found I could get no Money. At last Walter and the Prisoner told me, if I would go to a Coffee-house, and say that Walter had bought so much Timber of me, and had paid me honestly for it, I should be paid my Debt in four Days: Butcher solicited me to do this, and Walter was with him, and said, he could have Credit for 300 l's Worth of Timber, if I would say so. I refused to do it, unless they would pay me; and finding they had bad Characters, I took out an Attachment against the Timber, had it appraised, gave Security to the Sheriffs, and then I carry'd the Timber to Nine-Elms. in a Barge: I saw it in the Barge myself. After this it was taken away, and carry'd to Westminster Horse-ferry.
Counc . We own the Timber was taken away.
Eldridge . Being informed that the Prisoner was concerned in carrying it away, I went to him, and he told me he had bought it.
Henry Attersley gave an Account, that the Prisoner and Mr. Horrabin employ'd him to serch the Timber from Nine Elms , by virtue of a Search Warrant. That one Richard Stevens was with them, who call'd himself an Attorney, and the Witness (being encouraged by Promises of being well paid) assisted in bringing the Timber from Nine Elms : He said, this was done openly, Men being at Work on the Wharf, and 9 s. was paid for Wharfage.
It appearing to be rather a Trespass than a Felony, the Prisoner was Acquitted .
39. Elizabeth Holmes , otherwise Elizabeth the Wife of John Fowls , was indicted for stealing a Pair of Leather Clogs, Value 6 d. a Cambrick Cap lac'd Value 5 s. and a Cambrick Cap, Value 12 d. the Goods of William Innis , Nov. 27 . Guilty .
Roger Life. Last Saturday Night I lost nine Sheep, out of a Field in the Parish of Acton , five Ews and four Wethers: They were all mark'd with R. L. the Letters standing cross each other, and a Dot on the near Shoulder. They were found on Monday, in the Possession of one Simmonds , a Butcher, in Smithfield: Five of them were kill'd, and four I saw alive, with my Pitchmark on them: I know they are mine. Simmonds told us he bought them of the Prisoner, and when we took him up, he offer'd to make us any manner of Satisfaction. I ask'd him if he
Prisoner. Ask Mr. Life if he and his Son did not at first say the Sheep were lost on Sunday Night?
Life. My Son will give an Account that he saw them, and told them on Sunday.
Prisoner. You have said they were lost on Saturday Night.
Life. No - we follow'd them on Monday Morning to Smithfield, and there we found them. The Prisoner lives about half a Mile from the Ground where these Sheep were kept: He looks after Sheep there.
John Stevenson . I live with Mr. Life. On Sunday Morning I told 53 Sheep in the Field: On Monday Morning Nine were missing: I follow'd the Marks of their Feet Half a Mile into the the Road, and concluding they were gone to Smithfiels, I went thither, and found Mr. Simmonds killing one of them: I knew it, and asked him, if he had any of them alive? He said yes, and shew'd me four mark'd R.L. the Letters across, and a Dot on the near Shoulder: I found likewise five of the Skins there; all of them had the same Marks: I could discover by the Skins, that there were five Ews and four Wedthers. Simmonds told me he bought them all of the Prisoner; upon which I went to his House, and charg'd him with having sold our Sheep, and he offer'd to make any Satisfaction that my Father-in-Law desired. He did not say he took the Sheep, but when I ask'd him if he had any one with him when they were taken, he said no, there was no body but himself, and he said he had sold them to Simmonds.
Prisoner. He said he measur'd the Mark of the Man's Foot in the Field.
Stevenson . I did so: And as I brought the Prisoner along, I measur'd his Foot: The Prisoner's Foot was a little longer than the Mark in the Ground; but the Ground being slippery, his Foot might draw back.
Samuel Simmonds . I bought five Ews and four Wethers of the Prisoner: They were all mark'd R. L. the Letters cross each other, and a Dot on the near Shoulder: He sold them to me as his own; and he has often come to Market with Sheep: He had eight more, with these which I bought; but they were mark'd with his own Mark.
Mr. Deane. I keep The Cross-keys Tavern, in Cornhill . I lost a Silver Cup, which I value at 35 s. and a Spoon, worth 7 s. I missed them on the 17th of October in the Evening; and I have a Servant here, who saw them that Evening, in the Room where the Prisoner sat. This is the Cup, and this the Spoon, and they are mine The Spoon is broke in two, but I swear 'tis mine.
Prisoner. I would ask this Witness, if he has any Personal Knowledge of me?
Mr. Deane. No: I have none.
Gabriel Sleath . I am a Goldsmith: On the 18th of October, about Nine in the Morning, I bought the Spoon of the Prisoner: It was broke in two, just as it is now. I gave him five Shillings and Five-pence an Ounce for it; it came to 10 s. 7d. and I gave him half a Guinea and a Penny. I asked him no Questions, for 'twas broke, and not fit for any Thing, but to melt. I never saw the Prisoner before that time.
Samuel Wood . I am a Goldsmith: I bought the Cup of the Prisoner, the same Day Mr. Sleath bought the Spoon, - 'twas the the 18th of October. I gave him 5 s. 6 d. an Ounce, and I think it came to 36 s. 9 d. I did not ask him how he came by it. I am sure the Prisoner is the Man I bought it of.
John Lord . I am a Servant to Mr. Deane . The Prisoner came to our House, on Wednesday the 17th of October towards Evening, and called for a Drawer. I shewed him into a Room we call the Nag's Head. He bid me bring him half a Pint of Mountain. I drew him the Wine: He drank a a Glass, and then asked me what he had got in the Larder? I told him several different Things, at last he chose a Whiting. It was dressed, but it did not please his Palate, - it was not over and above good, he said; - so he ordered a poached Egg or two, after he had eat about half the Whiting. I was about the House, and was not at the clearing away of the Things, but I can swear the Cup was brought to him with small Beer, and the Spoon, I believe, was carry'd in with the Whiting. When he called to pay, I told him 15 d. He gave me a Guinea, which I changed, and he gave me 3 d. out of 18 d. for myself. When I went in to him, about the Reckoning, I observed him to be writing upon a Piece
Prisoner. I would ask him whether he is certain he ever saw me before?
Lord I think I have seen him at the Mitre Tavern, where I served my Time. I told him last Sunday in Newgate, I had seen him there; and he said, to be sure, Sir, you have.
Prisoner. I would ask him if he was the Person that took the Things away?
Lord . No: When I took the Reckoning of him the Things were all taken away, and the Table brushed clean. There was nothing then upon it, but a Half-pint Decanter, a Decanter of Water, and a large Water Glass.
Prisoner. I am not the Person that conveyed the Things away from Mr. Deane's House; and that is the Substance of what I have to say. The Indictment is laid for a Silver Mug, and they swear to a Cup. There, my Lord, is a manifest Distinction.
Mr. Fruchard . Last August was twelve Months, I was in Want of a Book-keeper, and the Prisoner apply'd to me, and told me he came from a Place called Kimlade in Worcestershire , and shew'd me a Recommendatory Letter from a Gentleman of the Law, - one Mr. Massey , of Shessinghurst . I told him, I should be glad to have a Line from that Gentleman, and he accordingly wrote me a Letter, and gave the Prisoner a good Character: So I took him upon Trial, and he behaved with me, in a very decent Manner, and I thought him religious. He continued with me, but a little while, - about six or seven Weeks, for he had wrote an Essay on the Divine Attributes, (which in some Peoples Judgement, was a very good Piece) and other Poetical Pieces; and I found when he should have been about my Books, his Imagination was in the Clouds. This was the only Reason I parted with him. He has received Money for me, and brought it justly to Account. It is a Par-dox to me, that the Author of such Pieces, as he has wrote, should be an Hypocrite. I would have served him since he he went from me, had I not been obliged to tell him; that his Inclination to Poetry would disqualify him from Merchandizing.
The Prosecutor not appearing, the Prisoner was Acquitted .
Joseph Rowson . The Prisoner was my Servant ; and Quantities of my Brass have been taken out of my Shop at several Times; 7 lb. I found at one Mr. Jeddory's and Ironmonger , in St. Giles's. This is the Brass, and I swear to it.
Jeddory. I bought 7 lb. of the Prisoner, and gave him 8 d. a Pound. We sell it again for 9 d. to the Founders.
Rawson. I gave 15 d. a Pound for it myself.
Another . I am Servant to Rawson, and was accidentally drinking with Jeddory, and he told me, and he told me, he had bought some new-cast Brass, which he believ'd was not honestly came by. I desired to see it, and I went to his Shop, and saw it, and knew it to be my Masters. I saw 54 lb. and he told me, he had several Hundreds of it, which he had bought in small Parcels. This Brass is my Master's, and he must give 15 d. a Pound for it, if he was to buy it himself.
Jeddory . I bought it with an Intent to catch the Thief: The Prisoner's Wife used to come with a little Bit now and then. I did not pay for the last Parcel, but went to look for the Thief, and thought I should find him out, by going among the Trade, and describing the Patterns. My Son bought the last Parcel, and told Mr. Rawson's Servant of it. Guilty .
Richard Hetherington , Octo 28 . Guilty, 10 d.
George Rotheram . Last Thursday, as I was going to London, with another Farmer, between Whetstone and Barnet, I was attack'd by two Men. The first that came up I knew: What, Master Thompson, said he, won't you give me the Way! then the Prisoner came up, with a Pistol in his Hand, and said, - What Money you have I will have; so I gave him my Money: You have more, said he; I told him I had no more, and turn'd my Pockets out: Well, you have got a Whip, I'll have that. When they had done with me, I went to the Mitre at Barnet , and sat there an Hour and half; then I was told, that the Prisoner was taken with the Whip upon him. This is the Whip, and 'tis mine.
Thomas Miller . One Mr. Palmer was riding Post, and was attack'd near Mimms-Wash, by two Men. The Post-boy, as he came by, told us Mr. Palmer had been robb'd, and there the two Men went that had robb'd him. I and my Fellow-servant assisted in pursuing them; and on Finchley-Common we saw them, overtook them, and seiz'd them. When I came up to them, the Prisoner pull'd out a Pistol, and said he would shoot me through the Head: I had a long Gun, and told him, If I dy'd, he should die. Upon this he put his Pistol up, and I threw down my Gun, and run in upon the Prisoner, and seiz'd him, and held him till my Assistants come. This Whip he had in his Hand at the same Time.
Rotheram . The Prisoner took my Money first, and then my Whip. I am sure he is the same Man. It was between Eight and Nine in the Evening: the Moon shone very bright, and I took particular Notice both of him and his Horse.
Prisoner. I never robb'd any body of a Farthing in my Life, and the Whip I found near Barnet .
A Witness. The Prisoner lived with me (at Times) several Years. I have intrust'd him with Money, and never sound him dishonest.
Another . He has work'd for me several Times, and I have intrusted him to receive and take Pounds for me; he always used me and my Customers very handsomely.
Another . I know him from a Child; his Father and Mother were very honest People, and I never heard any thing amiss of him.
Another . I have known him a Dozen Years, and never heard of any Dishonesty by him.
Another . I have known him seven or eight Years: He was my particular Acquaintance. He serv'd the Bricklayers as a Labourer ; I never heard of his being dishonest.
Another . I have known him from his Infancy, and never heard that he ever behaved dishonestly till now.
The Jury found the Prisoner Guilty , Death *.
*A Man tried for Felony, and found Guilty, in one Country, if it appears from the Evidence to be a Burglary, or a Robbery, committed in another County, the Felon is deprived of the Benefit of his Clergy.
Thomas Atkinson . I miss'd my Horse out of the Field, and did not hear of him till about a Week afterward; and then I happen'd to hear there was such a Horse at Bornet. I went thither, and found it was mine; upon which Justice Smith bound me over to appear against the Prisoner. I can't say the Prisoner stole it. I found it at the Green Man at Barnet.
- Miller. I took the Prisoner upon the Horse; and when Atkinson came to Barnet, I shew'd him the Horse, and he own'd it.
Atkinson . The Horse which Ailler shew'd me was the same which I lost. He was a Red-roan Gelding, fourteen Hands and three Inches high, and his Age Six come Seven.
Prisoner. I found the Horse with a Bridle and Saddle upon him, at the Head of the old Pond in the Chase.
Atkinson . He had no Bridle or Saddle on when I lost him.
Prisoner. I found him about three Hours before I was taken. Guilty , Death .
Elizabeth Turner was indicted for stealing two Holland Shirts, val. 20 s. a Dimitty-Waistcoat, val. 8 s. two Cambrick-Aprons, val. 8 s. two Cambrick Handkerchiefs, val 4 s. the Goods of James Jackson . A Pair of Sheets, val. 10 s. the Goods of John Woodman , and two Linnen Shirts, val. 3 s. the Goods of William Kilpin , in the Dwelling-house of Benjamin Ashwood , Nov. 13 .
The Prosecutors not appearing, the Prisoner was Acquitted .
51. Sarah Fowler was indicted for stealing a Woollen Rug, val. 18 d. two Blankets, val. 3 s. a Sheet, val. 2 s. 6 d. and several other Things, the Property of Richard Mosely , in his Lodging , Sept. 22 . Guilty, 10 d.
The Prosecutor not appearing, the Prisoner was Acquitted .
Mr. Robinson . On the 2d of November, about Six at Night, I was coming through the Temple , and felt a Hand sliding into my Pocket. I immediately saw the Prisoner with my Handkerchief in his Hand, but he could not get it away, because it was ty'd to my Pocket. I got hold of his Hand; he struggled, and got from me, but the Mob seized him, and pump'd him. Just after this, Mr. Fern lost his Gold Watch, and the Prisoner having been pumped, was taken again, and detained by Mr. Fern: Then I was sent for, and he acknowledged his having attempted to take my Handkerchief, but he said he was not Artist enough to take a Watch.
Prisoner. I was coming thro' Butcher-Row , and the Gentleman's Handkerchief hanging out of his Pocket, the People about him, took me and pumped me. Guilty, 10 d.
Mr. Ayres. The Prisoner was my Servant ; he did not lie in my House, but at my Cooperage, where this Copper was fixed. On Sunday Night last, about Eleven o'Clock, he came to my House, and told my Sister the Copper was gone from the Cooperage. When I came home she told me of it, and I said, I'll be hanged if he is not the Thief. I suspected him of Dishonesty before this, and had therefore given him Warning to quit my Service. The Copper was fixed against the Wall, in Brick Work, as all Coppers are: 'twas bricked round, and the Lead was fixed round the Top The Prisoners were Acquitted *.
* A Man cannot be Guilty of Larceny in taking away Things annexed to the Freehold; if he takes them away at the same Time that he severs them.
56. + Loglin Rennells , of St. Giles's in the Fields , was indicted for that he on the 22d of October , with Force and Arms, unlawfully and feloniously procured Arthur Jackson , (he being a Subject of our Lord the King) to enlist and enter himself, as a Soldier, to serve the King of France, (he being a foreign Prince) without Leave and Licence first had and obtained, under his Majesty's Sign Manual; in Contempt of our Lord the King and his Laws; to the evil Example of others; against the Peace, and against the Form of the Stature in that Case made and provided.And the Indictment farther charged, that he the said Loglin Rennells, afterwards, viz. on the 22d of October, with Force and Arms, unlawfully and feloniously hired and retained Arthur Jackson, to enlist and enter himself to serve the King of France, (he being a foreign Prince) as a Soldier, without Leave and Licence first had and obtained under his Majesty's Sign Manual. In contempt of our Lord the King, &c. &c.
And the Indictment farther charged him, with hiring and retaining the said Moore , with Intent to cause him to be enlisted as a Soldier, to serve the King of France, &c.
The Council for the King having opened the Indictment, and the Nature of the Offence, the Witnesses were called; and at the Prisoner's Request, were examined a-part.
Arthur Jackson . I am a Centinel in the Second Regiment of Foot-guards , and was born at New-castle upon Time . The Day before War with Spain was proclaimed , I was in Bowl-Yard , - you had better let me begin From the First of it.
Counc. Do so,
Richard Moore came to my Room, to hear farther into the Affair, and I desired Moore to go with me to strengthen my Evidence. Accordingly we all set out for Bowl-Yard; my Wife was unwilling I should go, and she followed us up Holborn, and there I troubled Armstrong to keep her in a Public House, while Moore and I went to Ryan's in Bowl-Yard . When we came to the House, I asked the Maid for Mr. Ryan, she said at first, she knew no such Person; but when I told her, I was the Person that had been drinking with him, she knew me, and said she would go and fetch him. When she came back, she said, she had not seen him, but she gave me a Tap on the Shoulder, and bid me come to the Door. I did so; and she there asked me, if the young Man that came with me (Moore) was to go to France too? Yes, says I, he came with me for that Intent and Purpose, if we can see Mr. Ryan. She told us, she would bring a Man to us, who was going off To-morrow: I approved of it, and so she fetched the Prisoner at the Bar into the Passage, and told me that was the Man. The Prisoner shook Hands with me, and said, - Mr. Jackson, I know your Business. I am sure he is the Man that enlisted me; I know him by his Phisiognomy, and the deep Scar in his Forehead. He called me by my Name, and said the Maid had told him my Business, and ask'd me if I was willing to go? I told him, yes; but I came to speak with Ryan. Why, says he, I'll give you as much Encouragement as Ryan, or any body else; and I have as much Power to enlist Men as he has, or any belonging to the King of France's Service. Upon this, I called Moore, and the Prisoner shook Hands with him, and ask'd him, if he was willing to go? Moore said yes, if he liked his Proposals, then he asked us to go up Stairs, and we went up one Pair of Stairs, and sat down at a Table; we drank a Quartern of Gin, and a Pint of Two-penny , and there being
Counc . Did he propose to go with you himself?
Jackson . Yes, he proposed to go off with us the next Day, and was to give us a Note of his Hand for the Money on board of the Ship, which (Note) was to be paid us by the Cornet, when we came to the Regiment. The Money was not to be paid in England, and Moore question'd the Payment of it in France; upon which the Prisoner took two Shillings out of his Pocket, one he gave me, and the other to Moore , and said, - You'll as surely have it as you have this, - by G-d. This is to inlist you to serve the King of France. After this we went in, and sat down, and drank the rest of our Liquor, and he drank the King of France's Health, but I drank no Health at all, nor would I, had he insisted on it, though I gave him his Way as much as I could that Night.
Counc . How long did you continue together?
Jackson . We went in a little before Eight at Night, and we continued together till past Eleven. When we came away, we went to Colonel De Veil's to acquaint him with the Affair, but he was gone to Bed. I had inform'd Armstrong of it the second Day I was in Company with Ryan, - (I can't tell: he Day of the Month) - in order to have him apprehended.
Jackson . I went home to Bed that Night, and toward Morning Armstrong and Moore , with Newbury and Brough , called me out of Bed: I came down to them in a Minute or two, and went with them up Holborn , as far as Hatton-Garden, with my Stockings in my Hand, and there I put them on, and asked Moore if he had got a Warrant for the Prisoner: He said, no, we may take him without. I told them, there was no Occasion for all this Haste, and that if we went before Day-light, 'twould be but beating the Bush, for the Birds would all fly aways so we went to a House in St. Giles's and staid till 'twas Day. Then we got Sticks, for as we had no Arms, and there was so many Beds in the Room, I thought we should stand a Fagg. Moore went first, to see if the Prisoner was in the House; I follow'd in a Minute or two, and he informing me the Prisoner was a bed, I went back to give our Friends Notice , and then I return'd to Moore . He seeing them pass by the Door, went out after them, to se , where they would wait till we wanted their Assistance . But I went up Stairs, and desired the Prisoner to get up and drink with me: He raised himself up, and took his Breeches from under his Head; but the Maid having seen the Soldiers go by the Door, she came to me, and asked me if I
Counc . Did not you go with the Prisoner before Col. De Viel?
Jackson . Yes, we all went, and the Man was committed.
Prisoner. Ask him if I went by the Name of Macguire .
Jackson. After we got out of the Coach, when we carry'd him to the Gate-house, there was a Woman who abused us, and called him Macguire . Others call'd him Macguire too.
Prisoner. Did I name any Regiment in France?
Jackson. He told us, we were inlisted into the Duke of Berwick's Regiment. I am positive of that.
Prisoner. Did I give you the Shilling above Stairs, or below?
Jackson. As the Stair-head. Moore had the first Shilling , and I the next, and he told us we should have the rest as sure as we had that, - by God. Lord, I wonder to hear him talk so.
Prisoner. Was I in this Dress at that Time?
Jackson . I can't be positive to Dress . I am positive he's the Man that inlisted me. He had while Buttons, - metal Buttons, on both Sides of his Waistcoat [The Prisoner had a Waistcoat on him at the Bar, with such Buttons as the Witness described.]
Richard Moore I am a Scotsman, - a Shoemaker . I know the Prisoner. I saw him on the 22d and 23d of October last, at a House in Bowlyard, about Eight o'Clock at Night. 'Tis not a publick House, - they sell Gin and Twopenny in a cland stine Manner. Jackson and I went there the first Night, about Eight o'Clock, and Jackson asked for Ryan ; a Woman told us she knew no such Person, but when he told her he had drunk Twopen y and Gin with him there, then she said she knew him, and would go for him. She went out for a little while, then she return'd, and gave Jackson a Tap on the Shoulder to follow her. He went to the Door with her, and came back to me She went out of Doors, and in a short time the Prisoner and she came in together. Then she gave Jackson the second Motion to come to the Door, and he call'd me to him there, where the Prisoner shook Hands with me, and asked me if I was willing to go to France? I know the Prisoner is the Man though I saw him but twice, 'tis impossible I should not remember him, for he has a great Scar in his Face. - I told him I did not know but I might be willing to go Then let's go up Stairs (says he) and drink together. There was a Pint of Twopenny and a Quartern of Gin brought up, and he commended France, telling us how much it exceeded England, and what Encouragement there was to serve the French King. He did not dispute Jackson's Size, but he did mine, and took a Penknife out of his Pocket, and stuck it over his own Head in the Door; then he desired me to come under it; he scrupled my Height, but said I was a likely young Man, and would grow. - I have forgot some Part of my Story. - There was one Man a-bed in the Room, and another came in and undress'd himself, and went to Bed; the Prisoner told us, he was one of the same, and would be no Detriment to us. After I was measured, in came a third Man, and then the Prisoner beckoned us out to the Stair-head, and asked us again, if we were willing to go to France. Says Jackson , Ryan promised to give twenty Crowns, - you'll give no less, to be sure. No, says he, I can't give you so much, (meaning me) - you're not so tall as Jackson; I'll give him twenty, but I can give you but fifteen.
Prisoner. Did you ever see me before that Night?
Moore . Never in the whole Course of my Life, - o my Knowledge.
Prisoner. Did I go by any other Name?
Moore . I don't know. The Woman was asked as we went along with them, what his Name was? and she said, Macguire .
Prisoner. Do you know any thing of Ryan?
Moore . No. From Jackson's Words I expected to have seen Ryan there that Night; but this Prisoner appeared in his stead, and was very fond of the Job: He said he could do as much, or more, for us, than Ryan; that he belonged to a better Regiment, and had better Quarters.
Prisoner. Did not you strip yourself, to shew you had been whipp'd on board a Man of War?
Moore . Yes, I did. I won't deny a Word. When I was on board a Tender to a Man of War, I got under the Denomination of having been an Informer, and was whipp'd for having the Name of an Informer.
Leonard Armstrong . Jackson having inform'd me, a Man wanted to enlist him into foreign Service, I took an Opportunity to go down with Moore to Jackson's Lodging. Jackson was willing to go with us to the Man, but his Wife made words with him about it, telling him he would bring himself into Trouble. When we went out together, she followed us into Holborn , and then Jackson desired me to go to a publick House with her, and if I could, to leave her there, and come to them in Bowl-Yard. I did so, and between Ten and Eleven at Night I got to the House, and asked the Maid, if there was not a Soldier and a young Man there? She said yes, and I was let in, and saw the Prisoner and the two Witnesses there. I know his Face, and remember that great Scar. His Coat I can't swear to, but he had then on a Waistcoat with whitish Buttons on both Sides. The Prisoner was surprized when I came in; but Jackson told him, he need not be surprized, - this (says he) is the Soldier I spoke of, who is willing to go as well as we: Upon which he seemed content. I can't say there was any Health drank, while I was there. I had not been long in the House, before Jackson's Wife came to the Door; Moore and he went to her, and while they were at the Door with her, the Prisoner said to me - I understand you are willing to go; I have enlisted them, and if you'll go with them you may: I don't know but I may go off Tomorrow . I asked him what Encouragement he'd give? You'll have, ( says he ) Five-pence Half penny a Day, to serve in the Dake of Berwick's Regiment, and other Encouragments . I asked him if he gave the Money down? No; he said, he had been bit before. I could not have any more Talk with him, because Jackson's Wife kept making a Noise at the Door, and I was afraid, the Thing would, by that Means, be blown. So I bid him good Night, and we went to Colonel De Veil's; but he was abed, so we parted, and I went and acquainted Newbury and Brough with what had passed. They insisted on my acquainting the Captain of the Guard; and I went to him, but he did not think proper to send Men from Guard, without an Order from Kensington, so we went ourselves, as soon as it was light, and took him ourselves. He was abed, on the farther Side next the Wall. He behaved civilly , and pretended Innocence.
Counc . Did not you carry him to a Publick-house , before you went to Colonel De Veil?
Armstrong . Yes: and there somebody propos'd to search him: One more knowing than we, said, may be he has a Conge about him. The Prisoner complaining he was pinioned too hard, I eased him, and presently Moore (I think it was) cry'd - he has dropped something, and Newbury took up the Letter-case, which was produced before Colonel De Veil .
Armstrong. Yes; we called on Jackson, and not he on us. When we were all together, we went to St. Giles's to get Arms, but we could not be supplied. Then we sent Moore and Jackson to the House, who were to give us a Signal, when to come in. When we came there, the Woman seemed to have locked the Door, but Jackson opened it, and we went in.
Benjamin Newbury . After the Prisoner was taken, we carry'd him to a Publick House, where he was observed by Moore to drop something, after the Proposal was made to search him. We looked under the Table, and I picked up this Letter-case, and gave it to Mr. Brough , who opened it, and took out this Conge; then he put it in again, and gave the Letter-case to me; and I produced it before Colonel DeVeil . Moore never had it in his Possession at all.
Hagher Brough . I was at the taking of the Prisone , and knew him by the Cut in his Forehead. We carry'd him to a Publick-house, and there Moore observing him to drop something, Newbury took up the Pocket-book, and gave it to me unopened. I having once been trapannca in to France in the same Manner, I opened it, to see for his Conge, which I found, and it was left in the Hands of Colonel DeVeil.
Colonel DeVeil. After these Men had made their Depositions before me, in the Manner they have now done, this Paper was produced to me. I read it, Word for Word to the Prisoner, in French, and he acknowledged it was his Pass. 'Twas produced to me, as a Paper which he had dropped. I asked him, why he dropped it? He said, a Man might drop a Paper by Chance. I asked him, if Loglin Rennells was his Name? and he said it was.
The Paper was read, in English, as follows.
BERWICK's Irish Regiment of Foot. Leave of Absence. We who have signed, certify to all whom it may concern, that we have given Leave of Absence, to one named Loglin Rennells , Voluntier in the Company of Hadden, in the Regiment of Berwick , born at Kilshore , in the Province of U ster , aged 23. Five Feet three Inches and a half high: Chesnut Hair; blue Eyes; his Mouth of a midling Bigness: large Face, a little marked with the Small Pox, and a large Cut on the left Side of his Forehead.
Dated 18 N.S.
7 O. S.
BARRY, Lieut . Col.
Colonel DeVeil. I can take my Oath, this is the same Paper which was produced to me.
William Barret . I am the Man who came in and undressed myself, and went to Bed. I lodge in this House, in Bowl Yard: I came home from Work about Seven o'Clock, and this Soldier, (Jackson) and the Shoe-maker (Moore) there. The Shoe-maker enquired for a Man, but neither of them could tell his Name. The Woman knew who they wanted, by the Description they gave of him, and she told them his Name was Ryan . When the Prisoner came in, the Shoe-maker told a Story about his being whipped on board a Man of War, and said he wanted to be enlisted. Says I, they won't take you, - you are not tall enough. Well, says the Prisoner, what have I to do with it? If you will go, you may; I know nothing of the Matter, - I'll have nothing to do with it; but the Shoemaker was urgent to go, and said if the Prisoner knew any Body that would take him, he should be glad. After they had been some time in the House, they and the Prisoner went up Stairs; and I went up some time after to Bed. The Shoemaker was urgent, above Stairs, to get into the King of France's Service, and the Prisoner said, - If you'll go you may, but I'll not advise you to it.
Counc. Did not you see the Prisoner measure him?
Barret. No; nor I don't remember his carrying them out of the Room to the Top of the Stairs. They staid in the Room till they all went down together. They had a Dram, I believe, in the Room, but when the Reckoning came to be paid, the Prisoner had no Money, but went o'score for his Dram. They staid in the Room about an Hour, and I was awake all the Time. I had no Curtains to my Bed, nor did I lie with the Prisoner. I am a Carpenter, a labouring Man, and was to rise early the next Morning, but their Talking in the Room kept me awake; - indeed I did not endeavour to compose myself to Sleep, but I was willing to sleep if I could. I lay with my Eyes open all the Time, for I hearkened to their Talk, and could hear them as plain as if I had been nearer them.
Counc. Did you hear any Healths drank?
Barret. No, none at all, as I heard, - really I did not hear the King of France's health drank. I have lodged six Weeks in the House; there are three Beds in the Room, and I lay in a little one by myself.
Barret . Not above ten or twelve-Minutes. I went to Bed between Eight and Nine, and they staid in the Room three Quarters of an Hour afterward.
Timothy Reynolds . I am not akin to the Prisoner, but I was at this House, in Bowl-Yard, the 22d. of October, at Night. When Jackson and Moore came in, I was sitting by the Fire: They asked the Landlady for one Ryan; she told them, he was not there then, but if they'd call in the Morning she'd let him know, they had been there. The Witnesses drank a Pint or two, before the Prisoner came in; And then somebody spoke of a Soldier who had been in a Foreign Country, and the Shoemaker (Moore) said he wanted to go abroad; he shewed us his Back, and told us he had been whipped on Board a Man of War; swearing he would go any where to get his Bread, rather than ever go on board again. Then they asked the Prisoner about going to France; but he said he would not encourage them to any such Thing, - they might go if they would. After this, they went up Stairs for half an Hour, or better; what passed there I can't tell, for I was not in their Company above Stairs.
Counc . Did you lie in the same Room with the Prisoner?
Reynolds. No; I lay up two Pair of Stairs, and he lay up one Pair.
Counc . When Jackson and Moore came first and enquired for Ryan, did she offer to go and fetch any one else to them?
Reynolds. No; not as I know of.
Counc . Did she go out of Doors after they came in?
Reynolds. I cannot say whether she did or no.
Counc . How long were they in the House, before the Prisoner came into their Company?
Reynolds. About a Quarter of an Hour: They had drunk two or three Pints of Two-penny, and some Gin, or Anniseed, or Wormwood-Cordial.
Counc . Did the Maid and the Prisoner come in together?
Reynolds . I cannot say, - but during the Time they were waiting for Ryan, she was in the Room, - she remained in the Room till the Prisoner came in, except the Time she was drawing their Liquor. - I can't say whether either of the Witnesses went out with the Prisoner, when he came in, - or not.
Counc . Did the Prisoner know either of the Witnesses?
Reynolds. No: But the Shoe-maker was drunk and made a Noise, which I suppose was the Reason the Prisoner took them up Stairs, and the Woman of the House was then sick.
James Sommers . I have made Hay with the Prisoner in July last, (for Want of better Employment) at Mr. Lewis's , in Tyburn-Road. In October he lodged at a Chairman's, - an Acquaintance of mine - in Bowl-Yard, who sold Liquors in his House. We did not make Hay together above a Week, - none in October; but I believe I have drank with him once at this House, - I believe it was in October, - I cannot be positive - I can't tell whether he paid his Reckoning, but he had Credit in the House, if he had no Money. The chief thing that I came here for, was (as he told me) to swear that his Name was Rennells , and not Ryan.
Counc . Can you tell upon your Oath, where the Prisoner was, between the Time of Hay-making and October?
Sommers. I can't indeed. He told me in Hay-making-time, that he had been in France to see an Uncle, and that he intended to go there again that Summer.
The Jury found the Prisoner Guilty , Death .
The Evidence upon the Second Indictment, was the same, as in the preceeding Trial. And the Jury found the Prisoner Guilty , Death .
57. Elizabeth Bradshaw , of St. Sepulchre's , was indicted, for that she not having God before her Eyes, &c. on the 10th of November , in and upon Richard Challenger , feloniously, &c. did make an Assault, and with both her Hands, in and upon the Breast of the said Challenger, violently and feloniously did push and thrust; by Means of which Pushing and Thrusting, He the said Challenger was with great Force thrown to the Ground, and by the said Fall, received on the Back-part of his Head, a mortal Bruise, of which he languished from the said 10th of October to the 11th, and then died .
She was a second time charged by the Coroner's Inquest, for feloniously slaying the said Challanger.
Elizabeth Tranter . I lived three Weeks with the Prisoner; the Deceased had lodged in the Prisoner's Cellar about five Years. He used to sell Greens about the Streets o'Mornings, and Fish o'Nights . On Saturday Night, November
James Powel . I have only to say, that on Saturday, the 10th of November, between Ten and Eleven in the Morning, I was at one Casey's in the Old Bailey, and the deceased came in to fell Greens. He was then as hearty as any one in this Court; and if I had had a Hundred Pounds to have laid out in the Insurance of any Man's Life, I would have insur'd the Deceased's, in the Forenoon of Saturday, the 10th of November. I heard of the Accident at Casey's, but I never saw him after it happen'd.
Coroner . Constable had the Management of this whole Affair: The Man died on Sunday Night, and on Monday Morning they got him into the Ground, without giving any Notice to the Coroner. But afterwards, by Direction from Sir William Billers , Mr. Robinson sent a Letter to the Coroner, who order'd the Body to be taken up, and a proper Inquiry to be made.
Prisoner. The deceased came Home between Eleven and Twelve on Saturday Night. I asked him for my Money, and swore he should not come in, till he paid me; and I argued some time with him for it. Then I put my Hand to his Shoulder, and he turn'd down the Steps, and tumbled. After this I let him in myself, and he went into the Kitchen, and sat two Hours by the Fire, without making any Complaint, and paid me Five Farthings of my Money.
Tranter. She went to Bed, and I let the Deceased in myself. On Monday Afternoon, when the Man was buried, People persuaded me to tell what I knew of the Matter; so I left the Prisoner's Service that Day, and did so.
Mary Belville . I know nothing of the Fact; but on Saturday Afternoon, between Twelve and One o'Clock, I drank with the Deceased, at the Lion and Ball, the Corner of Fleet-Lane. He told me, he was not exceeding well, - not so well as he should be. I am so cold, says he, that I am like a Post. I told him, we would have a Pint of Beer, and it should be warm'd. After which I asked the Woman of the House, if she wanted any Greens, if she did, the deceased would bring her some? She said, he might if he pleased; and he went out and brought her his Greens, and she bought four Savoys and six Colliflowers. On Sunday I sent to the Deceased's Cellar for a Head of Sallory , and heard that Dick (the Deceased )
Tranter . She was the Woman who threw his Shirt down the Vault.
Belville. No; 'twas only a Collar, which he wore round his Neck. Tranter warm'd two Pots of Water and brought me down to wash him. She helped me to throw the Collar down the Vault. I saw no Blood on him; but I did not examine the back part of his Head.
Beata Adcock . I was present when the Deceased came Home on Saturday Night; he was vastly fuddled. The Prisoner ask'd him, if he had brought her the Money she lent him to buy Greens? He said, No, - he had spent it. Then, says she, you sha'nt lie in this House to Night, till you pay me the Six-pence I lent you, and the Four-pence Halfpenny you owe in the Shop. He told her he could not, and at that Instant I turn'd into the Back-Room, and he was push'd down the Steps. I afterwards saw him sitting upon his Breech, on the middle Step; I pass'd by him to go out, and saw no Harm come to him, - but vastly fuddled he was, to be sure.
Marget Atkins . I came Home (to Constable's House) on Saturday Night, between Ten and Eleven, and found the Deceased sitting in the Chimney-Corner: He called for hot Drink, Tranter warm'd it for him, and he seem'd brisk. I sat up in his Company till between One and Two. At One, I told him 'twas time to go to Bed; but he desired to stay longer. At last he took a Candle and went down to Bed; I follow'd him down, to see he did no Mischief with his Candle: He stood Sea sawing upon the Stairs, and told me, he was so drunk that he could not get into his Bed. I desir'd him to take Care of his Candle; for, says I, if we should all be burn'd in our Beds, - what shall we do. So I came up, and desir'd Tranter to look after him. In the Morning, the Prisoner went down, and gave him a Dram of Anniseed. He complain'd of no Wound given him by the Prisoner, nor did I see any Blood.
Tranter . This was the Night before the Prisoner was push'd down.
Atkins . No; 'twas the very same Night.
Joseph Taylor . The Deceased and I were great Acquaintance: We were Partners, and sold Fish and Greens together; he was the first that let me into the Business. On Sunday Morning I went to his Cellar, and serv'd Belville a Ha'p'orth of Greens. I called, Dick! Dick! but nobody answering, I push'd open the Cellar door, and went down, and found him lying stark-naked on the Ground, with his Knees up to his Mouth. I lifted him up, and put him in Bed, and call'd Mr. Constable . He came down with another Friend, and gave him Part of a Pint of hor Liquor , with Gin or Brandy, or something, put into it. I saw no Blood on him, - there was a Scar upon his Head, just upon his Crown, - you may call it a Scratch, and I believe the Pebble stones behind him might do that, for I found him lying upon them. When the hot Pint came down, he look'd very hard at me, but could only say, - Joe! very cold! - very cold, Joe! I staid with him till Four o'Clock; then I left him.
Catherine Constable . I went down into the Cellar on Sunday Morning, and saw the Deceased leaning on his Elbow: I ask'd him, what ail'd him? Mrs. Constable, says he, I am so cold, I am like a Post, - feel me! I took hold of him, and found him very cold and chill'd, all one Side of him. Upon which I bid Tranter give him a Glass of Anniseed, and I supported his Head while he drank it. God bless you, Mrs. Constable , said he, I am cold as a Post. He made no Complaints, and as for Blood, - I saw none. I have known the Prisoner about seven or eight Months, and never heard but that she was and honest virtuous Body. When Tranter came from the Elephant and Castle, where the Body was brought, after it had been taken up, the People asked her how she could swear the poor Woman's Life away wrongfully? and she said, she would not have done it if she had not been prompted to it, and if she had not done it, others would.
Hester Barber . The Prisoner is an entire Stranger to me; but I live opposite to this House: And this Tranter coming to my Shop for a Quartern of Tea, told me that Dick who sold Greens was dead. Then God rest his Soul, says I. He came in late, she said, on Saturday Night, and was so drunk he could not stand; that he complain'd of being cold, and drank some warm Ale: but still complaining of Cold, he went to Bed, and died suddenly; and now my Mistress is laying him out; and washing him: I am surprized, says she, how they can touch him, he's all over Seabs s and Sores. She said nothing of his having been push'd down, nor of his being bloody, but that he was a frightful Corps.
58. + Thomas Ward was indicted for breaking and entering the Dwelling-house of Benjamin Foster , and stealing three large Tin Cannisters, val. 5s. 1 lb. and half of Green Tea, val. 5s. 1 lb. and half of Bohea Tea, val. 6 s. and 1 lb. of Coffee, val. 2 s. 6 d. two Brass Candlesticks, val. 5 s. a Brass Drudging-box, val.I s. a Brass Pepper-box, val. 6 d. a light grey-Peruke, val.1 l. and an Iron Poker, val.1 s. Sept. 15 .
Benjamin Foster On the 15th of September, between Eleven and Twelve o'Clock at Night, I was robb'd of all the Things mentioned in the Indictment. They were taken out of my Shop in Water Lane, in Fleet-street . The Shop-door was open at that Time, but the Hatch was lock'd. Tis always lock'd o'Nights. I was gone to Bed, but my Wife was in the Shop, at the same time; though she did not miss the Things till between Seven and Eight the next Morning. On the 24th of October last the Prisoner came into the Shop, (I was present at the same time) and he asked my Wife, if she had not lost some Tea, and two Tea-cannisters? yes. Did not you lose a Coffee-cannister, and some Coffee? Yes. Did not you lose two Brass Candlesticks and a Drudging-box, and Pepper-box? Yes. Did you not lose a light Peruke , and a Poker? Yes. Was not your Money-drawer like to have been broke open? Yes. Why then, Mrs.Foster, I am the Thief. I am not drunk; I come to tell you that I am the Thief, and here I am, and will stay till you get a Constable. My Wife asked him, where she sat when he took the Things; you sat, (said he) asleep by the Fire-side. She told him, she had rather sit down with the Loss, than have any Trouble, and so she bid him take himself away; but he damn'd his Eyes, and said, If you don't prosecute me, I'll prosecute you, and will make it cost you 40 l. he was then very sober, and wrote down an Account of the Things we had lost. Upon this I sent to see for an Officer, but we could not get one, nor find a Magistrate at home, so we let him go about his Business. On the Saturday after I took him again, and carried him before Mr. Alderman Lambert , where he deny'd all.
Prisoner. Do you know that I ever wronged any body of a Farthing?
Mr. Foster. I have known the Prisoner several Years: He is a Fellow that follows the Coal-Carts, he's what they call a Scuffle-hunter, and lives in Hanging-sword-Alley; that's no very good Place.
Tviphena Foster gave the same Account, with only this Variation, That she believed the Prisoner had been drinking, but he was (she said) compos mentis.
Castle Scasebrook . I know nothing of the Robbery, but I was in the Prosecutor's House when the Prisoner came in and made the Confession (as above.) He told them, They endeavoured to break open the Till with the Poker, but he would not tell who he meant by - They I asked him, if he knew what he was about? yes. Why, (says I) this is a Thing of bad Consequence. I know it, (says he) - I shall go to New Prison. I told him, no, he would go to the Compter: But he said, he knew better, for Evidences went to New Prison, I thought it look'd as if he intended to have made himself an Evidence. He told them, he knew he must go to Prison somewhere, and insisted on their charging a Constable with him, and would not stir out of the House till an Officer came. Upon this I went for a Constable, but the Constable told me, he was busy, and as the Prisoner came voluntarily, we might go with him ourselves before a Magistrate; and we went accordingly to my Lord Mayor's, and to Sir William Biller 's, but they not being at home, the Prosecutor let him go about his Business, and next Day they took him up with a Warrant. I can't say I ever heard he had wrong'd any body, - only he lives in Hanging Sword-Alley with an ill Woman.
Lucy Scasebrook . I was present when the Prisoner told Mrs.Foster he was the Thief; I took hold of his Hand, and told him, I was sorry for it. He mention'd all the Things, and said the Poker was taken with an Intent to break open the Till. I told him, - surely he was suddled; no, he damn'd his Eyes, - he was not: He knew, (he said) what he was about, and said, if they would not take him up, he would prosecute them, and make it cost them 40 l.
Acquitted of the Burglary; Guilty of the Felony .
Ephraim Hubbard was indicted for stealing a Pair of Leather Shoes, val. 2 s. 6 d. the Goods of George Kent , Nov. 10 . Guilty .
61. Peter Thompson was indicted for assaulting Richard Cheshire , on the King's Highway, putting him in Fear, &c. and taking from him a Silver Watch, val.4 l. a Guinea and Sixpence in Money , Nov, 14 .
Richard Cheshire . On the 14th of November, between Six and Seven at Night, I was attacked on Hounslow-Heath , by a Man on a grey Horse: He cry'd Hallo! - Hallo ! I said again. Where are you going? said he: What's that to you, said I. D-mn you, said he, I know you are going to Staines ; I know you by your great Coat. I told him, if he had a Mind to have my Company, he must ride faster, and I laid my Head down, clapp'd Spurs to my Horse, and endeavour'd to get off, but he cry'd, - d - mn you, if you don't stop, I'll shoot you dead. I made no Reply, but kept digging my Horse, and got Ground of him: He still hallo'd out, if I did not stand he would shoot me; and upon looking back, I saw him in the Road following me, and holding out a Pistol. He d-mn'd me, and I d-mn'd him, and bid him come along; for as I was well mounted, I did not fear him. But on the Top of the Heath, my Horse cut his Legs, and could gallop no farther. I thought if I surrender'd they would use me ill, so I clapp'd my Gloves under my Thigh, and prepar'd to refill . When the Man (who pursued me) got up to me, he turn'd his Horse round, and said, - D-mn you, why did you ride away? and clapp'd a Pistol to my Mouth, which I threw out of his Hand, and then struck him off his Horse, by a back-handed Blow, with the But-end of my Whip; then I endeavour'd to jump on him with my Horse, and to tread his Guts out, but my Horse jump'd over him, and another Man immediately came up, and said, - d - mn you, if you don't surrender I'll shoot you dead, I caught hold of his Collar, and then a third Man attack'd me on a white-fac'd Horse, and swore he'd shoot me, and fir'd off his Pistol. I d-mn'd 'em, and said, - if I must be robb'd, I must. They took from me a Silver Watch, a Guinea, and a Sixpence; and the last Man who came up to me, shot me. It was dark, and if the three Men were here present, I could not swear to their Faces. While they were robbing me, a poor Man came out of the Powder-Mills to assist me, and the Man on the white-fac'd Horse d-mn'd him, and gallop'd to him, and let fly, and wounded him in the Arm. After this they all got off, and the poor Man got back to the House to have his Wound dress'd. My Bridle was cut all to Pieces; my Coat shot thro', and a piece of my Shirt was shot off; but my Bridle having a Weymouth Bit, with two Headstalls and four Reins, I took them all up in my Hand together, and as I went on, I saw a grey Horse in the Road with a Saddle and Bridle on him. He would not let me catch him, but I drove him in the Road before me to Beont , and then cried, - Stop a Highwayman's Horse. The Horse was stopp'd, and carried to the Black-Dog; I examin'd him in the Stable, and told the People I had been robb'd, but I had given one of the Rogues a damnable Knock on the Left Side of his Head. The People of the House tell me I fainted away in the Stable; - I don't remember that, - but the Thoughts of my narrow Escape with Life, made me faint away twice in the House. I had not been long at the Black-Dog, before a Man came from the Prince William's Head , and demanded the grey Horse. I said no one should have him, but the Owner: Upon which the Man went back, and the Prisoner came for the Horse, with a Knock on his Head, which appear'd to be fresh done, and 'twas on the Top of his Forehead. I thought the Horse I drove to the Black-Dog, was the same the Man who attack'd me rode on, because it was a grey Horse, but I cannot swear to it. When the Prisoner came to demand it, he behav'd very civilly: He said, he had been robb'd himself, and that he belong'd to Mr.Barham of Staines. He and I drank together, and I think we spent 4 s. 6 d. or 5 s. a-piece in the House. I asked him, how he came by that Money, if he had been robb'd? He told me, he had lost one Guinea of his Money in London, but had found 6 s. or 12 s. (I don't remember which) in his Plad Waistcoat Pocket. After we had drank together, he offer'd to go Home with me; but I took two Men with me, (who rode on one Horse) and bid them ride before the Prisoner. In sont-Lane he got past them; I caught him again, at the Turning on this Side the Turnpike. He was to have gone with me to my House at Staines; but when we came to the Town, he said he had borrowed a Whip at the Anchor, and must stop there to return it. I went in at the Anchor with him, and there charged an Officer with him, and had him before Sir Thomas Reynolds , where he said, the Horse and Saddle was Mr. Barham's, and that he went from Mr. Barham's that Morning
Prisoner. What Distance was you from this Town ( Belfont ) when you was robb'd?
Chester. About three Quarters of a Mile, and I discover'd the Horse without a Rider about 40 or 60 Yards from the Spot on which I was robb'd. He was about thirteen Hands and a half, or fourteen Hands high.
Prisoner. Was not the Landlord of the Black Dog, where we drank together, a Constable?
Chester. Yes; but I did not know it then, else I should have charged him with the Prisoner then.
Prisoner. Did not I tell you I had been robb'd, and knock'd off my Horse?
Chester. Yes, after which we spent 4 s. and 6 d. a-piece.
Prisoner. Where did you first charge me with having attack'd you?
Chester. At Staines ; I did not charge him at Belfont ; I was too much 'frighted.
Prisoner. You say you went forward to Staines, and that I attempted to ride away: Had you charged me with attempting to rob you, before that?
Chester. No; but we were to go solely, and he rode hard, and I caught him twice, and charged him with attempting to ride away: He said, he would go my Pace, to my own House, and I should charge an Officer with him. As we went along, I asked him, why he went away; I can't tell what Answer he made, but the Men rode before him again, and he rode away again, - I rode after him, and then we went altogether to Staines.
Prisoner. Was not my Stock torn?
Chester. He said they had taken his Stock-buckle. - I thought I saw something ragged about his Neck, - about his Stock.
Prisoner. Had I any Arms about me?
Chester. I did not search the Prisoner. If he had had any Arms, he would have been a Fool to have brought them with him.
Chester. Three Times; and the Prisoner attended every Time. The first Time Sir Thomas (on Account of his being Mr. Barham's Servant) took Fourscore Pounds Bail, and the second Time there was 200 l. Bail given for him.
Prisoner. How came you to see the Pistol in the Man's Hand, when you say it was so dark?
Chester. The Pistol shone bright, and I saw it. I told -the People at Belfont , that I had knock'd a Pistol out of a Man's Hand, and that my Glove fell near the Place. A Man went out, and found the Glove, but not the Pistol.
Prisoner. He said, - he had given the Man a Knock on the left Side of the Head, - the Blow I had was on the right Side of my Head.
Chester. I struck the Man back-handed, and as his Face was toward mine, the Blow must be given on the right-Side.
Prisoner. If I was the Man who first attack'd him near the Powder-Mills, he says his Horse rode fastest at that time; then how can it be supposed that my Horse could outride his afterward? My Horse was very heavily shod, and that was the Reason of his growing resty; but when he got before me, my Horse went better, - so will any resty Horse.
Francis Sherman . It was very frosty that Night, - hard Weather, and I heard Horses galloping hard: By and by there was a Cry of Highwaymen! Thieves! Rougues! Murder! I went out, and saw a Horse shoot out of the Road; hey, says I, you'll break your Neck! Stop that Horse there, says Chester, I have been robb'd, and have knock'd a Man off that Horse, and I believe if I have Help to go upon the Heath he can't get off. I stopp'd the Horse, and before I could get him into the Stable, one Blake came up and said, - the Man who own'd that Horse was at his House Chester said, - then let the Man come to me for-it ; so we put the Horse into the Stable, and Chester fainted away; we got him in Doors, and he fainted away again: Then he wanted me to go home with him, and told me, he would pay me for it. But the Prisoner coming in, and asking for the Man that wanted him, I told him that was the Man, (Chester.) The Prisoner asked him, if he wanted him: Says Chester, I have been robb'd; I want somebody. So have I, says the Prisoner; and after this they lat down, and drank together, for three Quarters of an Hour, and at last Chester told me, I should go home with him. The Prisoner said, there was no Occasion for that; for as they were both going the same Way, and had been Fellow-sufferers, he would lose his Blood before he should be wrong'd any more. Chester would not accept of his Proposal, but desired me to go with him, and another young Fellow who was present offering to
Prisoner. Did I attempt to get away?
Sherman . He rode away foremost very hard; - he rode away twice, but once he made a very hard Push, - but I don't say he rode hard with a Design to get off. His Horse could not out-ride Chester's at fair Play; nor did he shew any Sign of Fear at Belfont . He was all over Blood about the Head, and the Button-holes of his Stock were broke.
Thomas Cheshire . I have work'd at the Powder-Mills twenty Years, and happened to be coming out at the Gate when this Disturbance happened. I thought somebody had fell down in the Road; and cry'd, - I'll come to your Assistance this Minute . I ran up to the Place, and in a Moment a Man turn'd his Horse upon me, and said, - D - mn you, keep off, and at that Instant shot me into my Arm. I heard them cry, - d - mn you, where's your Watch, - and d - m you, I'll search you. I can't tell who they were; I wish I could, for I have suffer'd much by them. I saw three Men on Horseback; two of them had got Chester between them, but I saw no grey Horse. As soon as I was shot, I went to the Mills, to get my Wound dress'd, and the Slug came out of my Arm with a Piece of my Shirt.
Prisoner. On Wednesday the 14th of November, I came from Staines to London. As I came along, I call'd at Mr. Green's at Brentford , about 25 Pear-trees and 25 Cherry-trees, which my Master (Mr. Barham) had bespoke for our Orchard. I put up my Horse (a little grey Pad) at the Nag's-Head in Hedge-Lane, till Four o'Clock; then I set out on my Return home, and the Man of the Inn persuaded me to leave a Guinea (which I had about me) with him. I rode alone till I came to the Turnpike, and 'twas terrible dark, very frosty, and no Stars. The Men at the Turnpike told me, 'twas Five o'Clock, and thought I should get home by Seven. On Hannslow-Heath I heard two Men coming towards me on Horseback, but I could not perceive the Colour of their Horses: As soon as they came up to me, one of them got off his Horse, and caught hold of my Bridlo, and fil'd their Pistols at me. I cry'd out Murder, and wheel'd my Horse away with all my Might; but before I came to the Powder-Mill Bridge, they came again on my right Side, and knock'd me off my Horse, and robb'd me: One of them d - mn'd me, and asked me why I rode away, and whether I imagined they rode with Broomsticks. They robbed me of fifteen Shillings, a Stock-buckle, and my Gloves: Which was all I had about me except a few Half-pence and five or six Shillings, which were in my Waistcoat-pocket , and which I saved by putting my Hand thro' the Folds of my Coat and pulling it aside. After I was robbed, I thought to have catched my Horse, but could not; 'twas so dark, I could not see him, tho' he never was out of my hearing. When I came to Belfont , I got a Man to help me catch my Horse, and told Mr. Blake at The Duke's Head, that I had been robbed, and that I thought the Men who had robbed me were following me. Upon Enquiry, it was found to be only Mr. Chester, who had drove my Horse into the Town. I went to him, and we drank a Bottle of Mountain, and two Bottles of Port, as Fellow sufferers together. Then I desired to have my Horse, and said, if Mr. Chester would go home, I would go with him: He did not say whether he would or not, but asked another Man to go with him. So we all set out together, and in Belfont-lane , my Horse happened to go before theirs; but before I got to the Turnpike, they halloo'd me, and I stopped and answered. From the Turnpike we rode together, till we came to the Road that leads to my Master's House; then Chester asked me to go to the Swan; I declined going, and upon that they seized me. They had not charg'd me at all, before they laid hold of me.
Nicholas Blake . I keep the Duke's Head at Belfont . On the 14th of November, the Prisoner came to my House in the Evening, with his Head broke, and his Face all over Blood. I hope, says he, you are Christians, and that you'll use me like a Christian. - I have been robbed on this Side the Powder Mills, and have been used very barbarously: My Horse is gone, pray send after it. I did so, and found the Horse was stopped at the Black Dog; and Word was sent, that the Owner of it must come there: The Prisoner said he would go immediately. His Head was swelled; which seemed to have been occasioned by a Blow with a Stick or a Whip; and there
Sir Thomas Reynolds. Chester did not charge the Prisoner with robbing him: He only said he was robbed by a Man on a Grey Horse. He could el her swear to the Man, nor to the Horse.
Mr. Barham , Mr. Musle, Mr. Sedgewick, Mr. Morrison , and Mr. Read, gave the Prisoner the Character of an honest, industrious, sober Man. Acquitted .
Thomas Sparrow . The Prisoner was a Person who used to do the Business of a Chair-woman in my House. I keep my Money in a Chest of Drawers in my Bed-chamber; and on the 3d of June last, I lost out of the Drawer six Guineas and a Moidore. The Lock of the Drawer was pick'd, but not broke. On Sunday the 5th of August, my Wife lay dying at Brumpton , and the Prisoner being employed in my House, I went to see my Wife at Two o'Clock, and returned home at Seven. When I got home, I found two folding Doors between the Dining-Room and my Bed-chamber, (which I had nailed up after the first Robbery) broke open. The next Morning I examined my Drawers in the Bed-chamber, and missed nine Guineas, five 36 Shilling Pieces and a Moidore, which was all the Money I had there, except a Moidore: On the Thursday following, I took her to Task, but she'd confess nothing. No, said she, - confess and be hanged. Upon this I turned her out of Doors , and bid her be gone about her Business. On the Sunday following I was sent for to her Lodging, and she confessed she took my Money , and to clear her Husband of being concerned with her, she owned she put the Money in his Pocket. I had lost twenty Pounds all but four Shillings. She owned taking the Money, but said it was not quite so much, and she hoped I would be favourable . Her Husband asked her, - No , do I know any thing of the Money's being taken? No (she said) I took it, and put it into your Pocket.
Jane Harrison . I was present when the Money was found by her Husband in the Pockets of a Pair of Breeches of his, which lay in a Chest in their Lodging. Mr. Groom found it himself, and was vastly surprised: 'Twas in two Papers in the Breeches Pockets; there was nine Guineas, a Thirty-six Shilling Piece, a Moidore, and eighteen Shillings in Silver. He sent for Mr. Sparrow , and delivered it to him, while the Prisoner lay upon the Bed, and to all Appearance was dying: For after Mr. Sparrow had turn'd her off, on account of this Robbery, she came home, and got blooded, and having opened the Bandage, she let herself bleed almost to Death. When her Husband found this out, he sent for me, and wondering what could induce her to do such a Thing, I told him she was charged with this Robbery: He searched, and found the Money. I never heard her speak till after she was taken up.
Elenor Hill . I was present when the Money was found: The Prisoner at that time had lost so much Blood, that we all thought she had been dead. I sat up with her all Night, and the next Morning she spoke: Her Husband , she said, knew nothing of the Money, but she had put it into his Breeches Pocket, unknown to him. On the Sunday following Mr. Sparrow asked her , if it was his Money? She told him it was; and Mr. Sparrow said, if she had owned it when he first earned her with it at his own House, he would not have taken her up.
Jane Avis . I heard her own it was Mr. Sparrow's Money. I have known her almost thirty Years. She lived at Mr. Keene's , and at the Dutch Emony's and with my Lord Claredon . I never heard any Harm of her before. Guilty , 39 s.
63. Elizabeth Jackson was indicted for stealing a Silver Milk-pot, val. 10 s. the Goods of Andrew Leper ; and a Scarlet Cloth Cloak, val. 2 s. and a black Silk Hood, val.1s. the Goods of Ann Stone , Nov. 28 . Guilty, 10 d .
Francis John Tyssen , Esq ; Nov. 9 . Both Guilty .
* This Offence was made Felony by Stat. 4 Geo. 2, C. 32 . by the Common Law it was only a Trespass. See Number 55.
John Denafield , junior. About Five in the Morning, on the 22d of October, I lost a Firkin of Butter from Dice-Key near Billingsgate : It was my Father's (John Denafield's ) for whom I transact Business. After we had miss'd the Goods, one Mr. Andrews , a Carman, came upon the Keys with his Cart, and brought with him the Firkin and the Prisoner. We always land our Butter from on board the Hoys before Day-light; and as soon as I had landed them, I told thirty-one Firkins . In half and Hour afterward, I miss'd one, mark'd D.D. No.4. My Father marks his Goods with D.D. because he has a Brother named Joseph, and if our Goods were mark'd I.D. we should not know them from his.
James Andrews . On the 22d of October, about Five in the Morning, I met the Prisoner with a Firkin of Butter on his Back, by the Postern on Tower-Hill. Hey, says I, where are you going with that Firkin so soon this Morning? He told, me, he was going to Iron-Gate with it, in order to carry it by Water to one Jones's at Deptford . I ask'd him from whence he brought it; he said he had it from Butolph-Wharf , from a Waterman. Aye, says I, but I am afraid you stole it yourself, and I bid my Man (who was with my Cart) get me a Candle, and when I saw the Marks, I knew it to be Mr. Delafield's ; so I threw it up in my Cart, and took hold of the Prisoner's Shoulder to bring him back. As we came along, he endeavour'd to stip from me. Nay, now, says I, I find you are a Rogue, and I gave him a Polt with my Whip. When I came to Dice-Key, I found them searching for the Butter. Here, here, says I, here's your Butter, and here's the Thief. When he was carry'd before Sir Edward Bellamy , he said a Waterman had given it him, to carry to a Boat at Iron-Gate, and that it was going to one Mr. Jones as Deptford .
Jury. Is your Father's Name Denafield or Delafield?
Delafield. Denafield; I will write it down; he spells his Name thus, D,E,L,A,F,I,E,L,D.
The Name not being rightly inserted in the Indictment, the Prisoner was Acquitted .
70. Sarah Stanley was indicted for stealing a Gold enamel'd Ring, val. 10 s. one Gold Ring, with a Ruby and two Diamonds, val. 40 s. the Goods of Mary Renward , in the Dwelling-house of William Bradbury , Octo. 27 .
John Gulliford . I live at Mr. Bradbury's, in Bishops-Court in the Old Baily. On the 27th of October, the Prisoner (who used to go on Errands in the House) came up into my Room with a Gold Ring enamel'd, upon her Finger. I asked her, whose it was? She said, it was Mrs. Renward's. I bid her carry it down Stairs again, and put it into Mrs. Renward's Room. She went down, and said she would do so. After this Renward gave her a Guinea to fetch her a Gill of Wine, and she not returning again, I was employ'd to search after her. The third Time I was at her Lodging, I found her, and she had deck'd herself up very handsomely. I ask'd her, where the Rings were? She told me, she knew nothing of them. As I had seen one of them before upon her Finger, I got Mr. Jones at the Elephant and Castle in Fleet Lane, to take Charge of her; and then she acknowledged, she had taken one of them. I took her at her Lodging over against the Three Daggers upon Saffron-Hill.
Mary Renward . I happen'd to be taken ill that Day, and sent the Prisoner, with a Guinea, to fetch me a Gill of Wine. She not returning, I suspected she had done me some other Mischief, and upon looking in my Drawers, I miss'd a Mourning Ring, and another with a Ruby and two Diamonds. Upon this I sent Gulliford to look after her: He found her, and brought her to me, and she own'd she took my Mourning Ring, (inscrib'd - Thomas Frost , 1734. aged 66.) but did not say in what Manner, nor from whence she took it.
Elizabeth Bradbury . I left the Prisoner in Mrs. Renward's Room the 27th of October. The two Rings were then in the Drawer , but the Drawer was not lock'd. I went out, and saw no more of her till she was taken, and then she confess'd she had taken the Mourning Ring.
Walter Edward confirmed the former Witnesses. Guilty, 4 s. 10 d.
Mrs. Robins. I live in Knight-Rider-Street . My House was not broke open, but the Window that goes down into the Cellar was wrench'd, October the 8th. It was fast as we could make it, but it had receiv'd such Damage by a Cart, that any one might get into it, provided the Bars and the Iron-work should be wrench'd. The Bars I found wrench'd, and I suppose the Prisoner got into my House that Way. I lost between Three and Four Pounds out of a Cupboard in the Back Counting-house. I had bolted the Door at the Top of the Stairs (that lead into the House) myself, when I went to Bed, but I found it open. The Counting-house Door was latch'd, but not lock'd. In the Morning I found the Lock upon the Cupboard wrench'd, and it hung only by one Nail. The Prisoner was my Servant, and I suspect him, because I sent him out on an Errand that Night' and he took the best of his Cloaths away with him. My Son, another Servant and I, sat up for him, but he did not (as we know of) come home that Night, and next Morning I found the Money gone, and the Door at the Top of the Cellar Stairs, and the Cupboard Door broke open, and my Money gone. My Husband at this Time was out of Town.
Walter Pearce . On the 8th of October, at Night, Mrs. Robins desired me to shut up her Shop, because the Prisoner (she said) was gone out with Candles. About Eleven o'Clock I saw him at her Door, and told him his Mistress sat up for him: He did not care to knock at the Door, so I told him, I would. No, says he, you shall not, - I'll get down the Cellar Window. The Iron Bars were fell so much, that any body might get down, and he said he would sit in the Cellar till his Master Franky (his Mistress's Son) got up; and so down he got directly, but I know nothing of his getting out again. He was taken about seventeen Days afterwards, and was carried before Mr. Adderman Parsons.
Prisoner. Was the Family a bed when I got in?
Pearce. No; the Clock had not gone Eleven. Madam was sitting up for him then.
William How . I was one of the Persons that took him. I know nothing of the Robbery, but one Mr. Major, an Acquaintance of Mr. Robin's , happen'd to see the Prisoner at Hoxton ; he ran after him till he was tired, then he cry'd Stop Thief, and I took him. Mr. Major told me he had robb'd his Master; to which the Prisoner made (at that Time) no Answer: But when we got him into Mr. Weaver's House at Hoxton, he own'd he had taken Three Pound in Silver, but did not mention from what Place he took it. We asked him, What he had done with it? He said, he had spent it. We sent for his Master, as soon as we had taken him, and he asked him, how he could serve him so? The Prisoner cry'd, and said, he was sorry for it.
John Chitham's Evidence was to the same Effect. Acquitted of the Burglary, Guilty of the Felony .
72, 73. Mottley Robinson and Joseph Parsons , of St. Ann's, Middlesex , were indicted, for that at a Sessions of Oyer and Terminer, held at Justice-Hall in the Old-Baily, before the Right Worshipful Sir Henry Penrice , Kt. Judge, and President of the said Court, Mr. Baron Parker , &c. to inquire into Offences committed within the Jurisdiction of the Admiralty of England, James Buchanan , of London, Mariner, having been convicted of the Murder of Michael Smith , one of the Mates on board the Royal Guardian , in Wampoo River , in Parts beyond the Seas, it was consider'd, that he the said James Buchanan be hang'd by the Neck, till he should be dead. Pursuant to which Sentence the said Buchanan was carried to a certain Place, between the Flux and Reflux of the Thames, call'd Execution-Dock , in order that Execution might be done upon him, Dec. 20. At which Time they, the said Robinson and Parsons, with Force and Arms, him the said Buchanan feloniously took away, and resca'd , before he was hang'd by the Neck till he was dead; against the Peace, &c.
There being some Deficiency in the Proceedings to support the Charge, the Prisoners were Acquitted .
87. Richard Turner was indicted for stealing twelve Silver Handle Knives and Forks, value 8 l. twelve Silver Spoons, value 4 l. a Silver Soop-spoon, value 40 s. six Silver Candle-sticks, value 12 l. three Silver Salvers, value 6 l. a Silver Sauce-boat, val. 30 s. two Silver Salts, value 20 s. a Pair of Silver Snuffers and Hand, value 40 s. a large Silver Cup and Cover, value 12 l. a Silver Caster-stand , and three Casters , value 5 l.Francis Barnard , Esq ; in the Dweling-house of Benjamin Haslop , Oct. 22 .
Lewis Currant . I pack'd up the Plate (in the Box, from whence they were stole) in my Lady Charlemont's House, some time in July last. There was a Shagreen Cafe, with twelve Silver Handle Knives and Forks, - I don't very well know what they are worth, - about 40 s. I believe; there was twelve Silver Spoons, worth about 40 s. more, - I don't know the Value; a Soop Spoon, - worth about 30 s. six Silver Candlesticks, worth 12 l. three Silver Salvers, worth 6 l. a large Cup and Cover, 10 l. a Sauce-boat, 3 l. two Salts, 30 s. a Pair of Snuffers and Dish, worth 20 s. three Casters and Stand, worth (I believe) 30 s. - I can't tell the Value exactly. These Things were carried to Mr. Benjamin Haslop 's House in Fleet-street, after I had nailed them up in Lady Charlemont 's Presence. I saw the Box afterward in Mr. Haslop's House, but the Plate was gone.
John Price , I saw the Plate packed up in a Box; then I took it and put it into a Coach with Lady Charlemont; it was delivered at Mr. Haslop's and I (myself) carried it up Stairs into the Garret. Mr. Arthur Barnard (Brother to Mr. Francis Barnard ) lock'd up the Box in the Garret, and took the Key of the Door with him. About three Weeks ago Mr. Arthur Barnard unlocked the Door, and bid me bring the Box out of the Garret; he went into the Room with me: I found the Box in the Place where I left it, but it being very light, I said, - Sir, where's the Plate? 'Tis not in the Box. We opened it, and saw 'twas all gone.
Mr. Haslop. I did not know that such a Thing was lodged in my House. I knew I had several Things of Value in the House, and I heard of this Box being brought in, but I did not know what was in it. When the Goods were missed, I immediately thought who had taken them: I had great Reason to suspect the Prisoner, for he was my Apprentice, and I forced him to sue out his Indentures, (on Account of his dishonest Practices) when he had almost served out his Seven Years with me, and he went from my Service the 17th of September last. Last Monday was se'enight Mr. Barnard and Lady Charlemont came to my House to fetch away this Box, and the Plate was then missing: Upon which I suspected the Prisoner, and he was taken up the Saturday following, and was carried before Sir William Billers . He confessed nothing to me, but when he was before Sir William, he confessed the Fact, and his Confession was taken in Writing, but he refused to sign it. He confess'd Abundance of these Things; I can't name all the Particulars. He work'd in a Garret next the Room in which the Plate was kept; and he owned he begun with the Cover of the Cup, and that he hammer'd it down upon his Lap-stone, and then knocked off the Handles of the Cup: The Candlesticks (he said) were the next Things he took. I can't say I heard him mention how he got the Door open, but he confess'd he took the Plate out of this Garret into his Room, - the Knives and Forks, the Cup, Salvers, and Candlesticks, and had sold them to one Abraham Pope , who kept a little Silversmiths Shop, at the Queen's Head in Newgate-street, near Grey-Fryars . He said, he had tried several Silversmiths, but not one of them would buy the Plate of him, except this Pope, and he (Pope) gave him 3 s. and 6 d. an Ounce for it.
John Lock . On Saturday Night, the 24th of November, about Eight at Night, I was sent for to a Room up two Pair of Stairs, in a House in Hanging-Sword-Alley, in Fleet-street. Mr. Haslop had told me of the Affair some time before, and had laid wait to catch the Prisoner. When I came there, I found two Men, a Woman, the Prisoner, and Mr. Haslop, who was surpriz'd with Joy, at having taken him. He at first would confess nothing to us: But I took him down Stairs into another Room, and in a little Time Mr. Barnard coming to us, I left him and the Prisoner together. Soon after this, Mr. Barnard came and told me, he had confess'd. Then I took him into Custody, and in my hearing he own'd how he open'd the Door. He said, there was a Padlock upon it, which he open'd with a Nail, and the common Lock, he strain'd open with his Breech. He confess'd he carry'd a small Piece of Plate out first, and offer'd it ten or twenty Goldsmiths at least, but none would buy it. At last he offer'd it to Pope, and he bought it of him for 3 s. 6 d. an Ounce. He told us, That he afterwards carry'd the Cover of the Cup to the same Place, and sold it him for 3 s. 6 d. or 4 s. an Ounce, - I can't tell which. He mention'd the Cup, the Cover, and the Candlesticks, and said he had bruised them, and carry'd them all at different Times to Mr. Pope. Upon this Confession, I had him to my Lord-Mayor's, but he was not at home: From thence I carry'd him to Sir William Billers, and he was so good as to give us a Hearing: Before him the Prisoner confess'd all the Things, and describ'd the Man he had sold them to, - Mr. Pope, at the Queen's Head in Newgate street. He confess'd all the Things in general before Pope's Face, - Six Candlesticks, a Cup andJohn Eyles , and the Prisoner's Confession was taken in Writing, but he refus'd to sign it.
George Kent . On Saturday Night, about Nine o'Clock, Mr. Haslop sent his Apprentice, to desire me to come to the Crown in Hanging-Sword-Court. I went thither, and found Mr. Arthur Barnard in the House. The Prisoner confessed to him, in my Hearing, that he undid the Padlock with a Nail, and forced open the Lock upon the Door with his Breech: That he then took out some Pieces of Plate, and carry'd them to several Goldsmiths, who refused to buy them. He said he first broke off the Handles of the Cup, and offered them to all the Goldsmiths in Foster-Lane, but none of them would buy them. At last he offered them to Pope, and he bought them, without making any Scruple. After this he said, he bruised the rest of the Plate upon his Lapstone, and carry'd it to Pope, who gave him 3 s. 6 d. an Ounce for some, and 4 s. for other Pieces: The Salvers, the Candle sticks, and the Top of the Cup, he mentioned in particular, and that he had bruied the Plate to get it out of the House undiscovered. The Dozen of Knives and Forks he said he sold to Pope all at one Time.
John Morris , John Hill , Thomas Lyon , John Thorp, Richard Vaux , John Hamilton , Robert Dickenson , James Porter , Thomas Smith , Margaret Vaux , and William Willson , gave the Prisoner the Character of an honest Man, as far as they had heard of him, or known him. Guilty , Death .
They had both, on a Representation of some favourable Circumstances in their respective Cases, received his Majesty's Pardon.
The Trials being ended, the Court proceeded to give Judgement as follows:
Received Sentence of DEATH, 8.
BURNT in the HAND, 2.