WEDNESDAY the 16th, THURSDAY the 17th, FRIDAY the 18th, and SATURDAY the 19th of January.
In the 13th Year of His MAJESTY'S Reign.
Second 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.
BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord-Mayor of the City of London, Mr. Justice CHAPPLE, 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.
William Brownjohn. I can only say, the Hat charged on the Prisoner in the Indictment, is mine. I took it upon this Witness. ( Benjamin How ) who told the Prisoner in my hearing, that he had brought him into a Premunire. He said, he could not help it, and own'd he sold it, to How. Did not I buy it of you, says How? Yes; and I had it of a Boy in Chick-Lane, said the Prisoner, who asked me 3 d. for it; but I snatch'd it from him, and ran away with it. The Hat hung up against the Side of a Press in my Shop, and I miss'd it from thence, the Night before.
Benjamin How. The Prisoner came up into my Room one Night, - I can't remember the particular Time, and told me he had a Hat in pawn for a Shilling, and if I would give him Money to fetch it out, I should have it for a Shilling more: So I gave him one Shilling to redeem the Hat, and he sold it me out-right for another. I believe this is the same Hat I bought of the Prisoner.
William Legg , Constable. The Prisoner and How were both brought before me the Night they were taken. How said in the Prisoner's hearing, He bought the Hat of him, - and the Prisoner did not contradict him at all.
Prisoner. I bought it of a Boy in Chick-Lane, who asked me 3 d. for it. I gave him 3 d. and carried it to Jemmy Birt at Com-Cross; he pawn'd it for me, and brought me a Shilling. The next Night I happened to be at this Ben How's, and he wanting a Hat to wear on Christmas-Day, I offer'd him this Hat, for a Shilling more than 'twas pawn'd for. I can't tell where the Boy is, who sold it to me, - but I am as innocent as the Child unborn. Guilty .
81,82. William Turner and Richard Underwood were indicted for stealing 2 Mens Hats, val. 3 s. the Goods of Persons unknown, and 3 ditto, val. 8 s. the Goods of William Brownjohn , December 18 . Both Guilty 10 d.
Benjamin Weale . On Saturday December 15. I lost from my Door, a Copper-bottom of an Hundred and odd Pounds Weight in the Evening; and I sent among the Trade, to desire it might be stopp'd, if it should be offer'd to sale. On Monday the 17th of December, about 7 in the Evening a Messenger came from Houndsditch, to let me know he believ'd he could give me Information about my Goods. Upon this I went to Mr. Simms, a Founder, in Houndsditch, and found about a third Part of the Copper-bottom in the Scales, in Order to be weigh'd and sold. Mr. Simms's Servants imagin'd it was mine, so they delay'd paying for it, and sent for me. My Servants, as well as I, being positive to the Goods, Mr. Simms told me he had order'd Mr. Peartree (who brought it) to call again for the Money, and if we would go to a publick House, he would send for us when he came. My Servants ( Daniel Mardon and Henry Clark ) went accordingly, to an Alehouse in the Neighbourhood; and about 8 o'Clock, we were all sent for; we asked him how he came by the Goods? He said, he had them from the Prisoner Maxwell, and that Maxwell told him, he had stole it from a Brasier's Shop, in Woodstreet, and had brought it to him (Peartree) on Saturday in the Evening. I told Peartree, it was not in the same Shape, when it was stole. He said, no; it was a whole Bottom when he receiv'd it from Maxwell, but in Order to disguise it, he had cut it to Pieces, and had carried 2 thirds of it to one Trench, a Founder at the 5 Bells in Old-Bedlam, and had said them to him, for 10 Pence Half-penny a Pound. Upon this Information from Peartree , I got a Search-Warrant, and went next Morning to French, who deliver'd me 70 lb. and a half of my Copper. On Thursday Evening Maxwell (as I was inform'd) brought a Barrel of Raisins to Peartree's House, and he was then taken. I was not present at that Time, but I was with him the next Morning before the Lord-Mayor, and heard him desire to be made an Evidence, for others he said were concern'd with him. He (Maxwell) acknowledg'd that he stole the Goods, one Burton (not taken) lent him a Hand up with it, to carry it off. Peartree was present at the Time when Maxwell made this Confession before my Lord-Mayor.
Henry Jackson . I saw Money paid by my Mastes Peartree to Maxwell; and He gave Barton half of it. I can't tell the Day of the Month, nor how much Money was paid; but I heard Peartree tell them, he had but 8 Pence a Pound; and some Money (out of this) he allow'd for the Wast of the Copper. I remember this was the same Night that Peartree was stopp'd at Mr. Simm's Peartree is a Brass-Founder himself. - The common Price of Copper is about 10 d. 11 d. or 11 Pence Half-penny per Pound; according to it's Goodness. - The Value of this Copper (I believe) was about 10 Pence Half-penny, or 11 d. a Pound: But as there were some Nails in it. I reckon they made it a Half penny a Pound worse. I did not see the Goods brought in; but I saw the Money paid to Maxwell, by Peartree; and Maxwell told him, he brought it out of Woodstreet; I knew not whose the Goods were, at that Time; but I have since found, they were Mr. Weale's in Woodstreet.
Peartree. He knows I bought some Brass of him once before; but I would ask him, if he can say, I knew of Maxwell's going a-thieving?
Jackson. I know this, - I heard Maxwell tell him, that they went on in that Way. I have heard him tell him, he made a Thing so and so in such a Place. And I heard him tell Peartree, (when he (Peartree) paid him the Money for the Copper) that Burton would not carry it, it was too heavy for him, so he (Maxwell) was obliged to take it from the Door, and carry it off himself.
Peartree. I would ask him if he knows I was privy to Maxwell's Thieving?
Jackson. I don't know that he was.
George Watson . Peartree's Mother informed me, that her Son (the Prisoner) had bought the Bottom of a Copper which was stolen from Mr. Weale, and she desired me to apprehend the Thief. Accordingly, I and another Person went to search for him, but could not find him. On the Evening of the same Day, she came to me, and told me, the Thief was then at their House. I went thither with a Friend, and we took the Prisoner Maxwell, at Peartree's House, with a Barrel of Raisins, which he had carried thither. As soon as we had apprehended him, he desired to go before Sir Edward Bellamy , that he might be made an Evidence. He confessed the Fact, and that he had stole the Copper from Mr. Weale's Door. He said Barton roll'd it from Mr. Weale's Window, and he ( Maxwell) carry'd it off. He told me the very Time, and the Day when it was done. There he stands at the Bar, and can't deny it. Peartree is my Neighbour: He has liv'd 12 Years near me, and I never heard Harm of him.
Jury, (to Jackson,) Do you know your Master us'd to buy stolen Good?
Jackson. He has bought in that Way. - There has been many Goods brought into his House, which seem'd to be unlawfully come by,
Jury. Have they told Peartree how they came by the Goods?
Jackson. Yes. They have told him how they came by them, and he has bought them notwithstanding. This Copper he bought of Maxwell, for 8 d. a Pound.
Daniel Marden . On the 15th of last Month, about Dusk of the Evening, my Master lost a Copper-bottom from the Door. On the 17th a Messenger came from Mr. Simms, in Houndsditch, to inform him, there was such a Thing upon Sale, at his Shop. Henry Clark and I, went thither, and my Master (Weale) follow'd. As soon as we saw the Copper, we knew it to be my Master's. Mr Simms's People told us the Man who brought it, was to come again for the Money, and they desired us to go and wait at an Alehouse, 'till he came. We went to a publick House; and one of Mr. Simms's Men came to us, about 8 o'Clock, and told us the Man was come for the Money. We went directly to Mr. Simms's and found Peartree, the Prisoner, and Part of the Copper, which we had lost, in the Scale. I said my Hand upon it, and claim'd it for my Master. Peartree stood on my right Hand, and said he belong'd to it. Then, says I, I will take Care of you, and the Copper too. This is the Copper, and I swear 'tis Part of my Master's Bottom, which he lost. The Prisoner said, he had it from Maxwell, for 8 d. a Pound, and own'd he had sold 70 th and a half to one Trench in Old Bedlam, and that he knew it to be stolen, at the same Time he sold it. I heard him own this, and that he had cut it to Pieces to raise Money on it, to pay the Rogues, Maxwell and Burton. Between one Tradesman and another, the Copper is worth 11 d. Half-penny a Pound: but we allow 12 d. a Pound for all that comes into our Shop.
Peartree. Whereabout was it, I own'd I knew It to be stole?
Marden. Both before Mr. Alderman Lambert, and my Lord-Mayor: and likewise in Mr. Simms's Shop.
Henry Clark confirm'd the former Witness in every Circumstance: adding, that Peartree acknowledg'd he was sensible the Goods were stole but as he had dealt with Maxwell and Burton before, they threaten'd him, if he refused to dispose of their Goods.
Peartree. I am sure if I said I knew it to be stole, I told a Lie.
Maxwell. I own I stole it, and Peartree knew it was stole.
James Gase . I have known Peartree from a Child. He is my Tenant, and has liv'd by me several Years. He pays his Rent honestly, and seemingly works hard for his Living. Rise early or late, you always find him at Work.
Geo Watson . I never heard any Harm of Peartree. I have known him about 2 or 3 Years. He's a civil Neighbour, but in the way of buying stolen Goods, I can't be a Judge of that. - I know no Harm of him, but as I was inform'd about his buying this Gentleman's Effects.
Robert Hewson . I have liv'd in Peartree's House, about 7 or 8 Years, but I knew him before he went 'Prentice. I never knew no Ill by him, and whenever I went in, or out, I always caught him in his Business.
85. + Thomas Hawkins was indicted for assaulting Matth.ew Brown in a certain publick Street, and common Highway, in the Parish of St. Sepulchre , putting him in Fear, &c. and taking from him a Silver Watch, value 3 l. Dec. 30 .
Matthew Brown . I had been to Hanover Square, last Sunday was a Fortnight, to see my Brother, and I staid with him, 'till between 6 and 7 in the Evening; then I came directly homewards. It was a dismal cold Night, and very snowy, so I had a great Coat on with the Cape under my Hat, and pull'd over my Face, and my Hands were wrapp'd up in my Coat. As I came up Chick-Lane in my way Home, between 7 and 8 o'Clock, the Prisoner came out of an Alley, ( Thatch'd Alley ) and gave me a Blow with his Fist, (I believe) which knock'd me down. The Prisoner was the Man, and no Man else; I am sure of it, for I took particular Notice of him. I fell down with the Blow, and the Prisoner fell upon me. We struggled together, and just as I got from him, he drew my Watch out of my Fob Pocket. I call'd out Thieves! but he ran away with the Watch into the Alley: I pursued him, and made two or three Strokes at him, but he got
Philip Price . Watchman. I know nothing of the Robbery, but as Mr. Brown had subscrib'd (de scrib'd) the Man, I call'd the Constable, and we went and took the Prisoner, as he had subscrib'd him, in Thatch'd Alley, in Chick-Lane. He did not own the Fact himself, but there was a Woman went with us to the Pump Alehouse (who pass'd for the Prisoner's Wife) and she told us, that in case her Husband should not be prosecuted, she would produce Mr. Brown's Watch. The Prisoner was present, and in the Hearing of this, but he said nothing at all to it.
Prisoner. Ask him if he ever knew any Harm by me?
Price. I don't know, - he lives with a Woman who makes it her Business to go a-whoring and thieving. I never knew him do any thing himself. He formerly was a Post-Boy, and used to ride post; but he has liv'd about a Year in these Alleys.
Tho Cox . I have nothing to say, not I; no farther than this: My Landlord (Brown) on Sunday was a Fortnight came home about 8 o' Clock very much 'frighted, and said he had been knock'd down in Chick-Lane, and had been robb'd of his Watch, by a short thick fresh coloured Man, in a light colour'd Coat, and that he should know him again from an Hundred. He asked me and my Bedfellow to go with him, to the House, and assist him in taking the Man. We agreed to go with him; but we first went to Mr Robinson, (our Neighbour) and he sent us to Mr Justice Wroth, who order'd us to go that Night, to the Watch-house, and take the Constable with us. When we had got a Constable, Mr Brown carry'd us to the House where we found the Prisoner; and as soon as we got in, Brown said, - this is the Woman that told me I should have my Watch To-morrow Morning, if I would bring her a Guinea, or 20 s. There was one Sarah Hawkins in the Room at the same Time, and she jump'd up at the Constable, and said, - d - mn you, I'll cut your Nose; but he gave her a Thump on the Breast and said, - d - mn you, you B - ch, whose Nose will you cut? Upon which she sat down and was quiet. We did not see the Prisoner when we first went into the Room, but Brown took a Candle, and found him creeping round a Table behind the Door, and gave the Constable charge of him for stealing his Watch. He deny'd the Fact, but we carried him to the Counter that Night, and next Morning we had him before the Alderman at Guildhall, where he deny'd the Fact again.
Robert Harrison . I came home, as near as I can guess, about 8 o'Clock, - nearer 8 than 7, on Sunday before New Year's Day, at Night: and coming home, I saw a Tumult about my Door in the same Alley. I ask'd what was the Matter, and a Gentleman in a light colour'd caped Coat, and in his own Hair, made answer and said, that the Bitches had robb'd him of his Watch. I made answer again, - what Business had you in Bitches Company? If you have been in Bitches Company, you must take Bitches doings. Then I knock'd at my Door; my Children open'd it, and I went in. This is the Gentleman that made answer to me at the same Time. 'Tis very true, - and God forbid I should take a false Oath. I have been a Tubman at Mr Dickenson's Brewhouse these 30 Years, and my Friends before me. I deal there for Hundreds a Year, tho' I am a poor Man.
Martha Harrison . There were three of us sitting by the Fire that Night, and we heard a Noise in the Alley. A Man's Voice said, I will give you half a Crown when I have done, and do you hold my Watch. Presently after I heard a Man say, you Bitch where's my Watch? The Woman said, indeed Sir I have not got it; the other Woman has it. I don't know who these Women were, for I was below in the Kitchen, and we did not come to the Door, 'till my Father, (the former Witness) knock'd. Then I went out, and saw the Gentleman, in a caped Coat and his own Hair, and he was mussled up in his Cape, for fear any body should see him. I saw him turn up his Cape; it was not done up when I came first out. This is the Man, (pointing to Mr.Brown) and he cried out Murder! Good People of this House! and knocked at our Window-Shutters, but we were afraid to answer. I did not hear him say any Thing about a Man, but presently after we heard a Woman cry out Murder, and People ran out to see what was the Matter. - I know the Prisoner to have been a Postman , but I don't know how long he has lived in that House. The People of the House, are good honest People, as far as I know. We live next Door to them, but my Father and Mother are not People who go gossiping about to other People's Houses.
Mr Brown. I never saw a Woman all the Way in the Lane, till I was opposed in going after the Prisoner into the House, by two Women in the Alley; and those Women I afterward saw in the House with the Prisoner: and they curs'd and damn'd me, and called me Son of a Bitch. These People did not appear when the Prisoner was carried on the Monday after the Robbery, to Guildhall.
Elizabeth Ellis . I am 17 Years old, the 3d of June; I was at Harrison's House that Night, and heard a Bustling up the Alley, and heard a Man say, he would give half a Crown, and hold my Watch. I heard Women; and by and by I heard the Man say, where's my Watch? A Woman said, indeed I have it not; the other Woman has it. Then they cried out Murder, and the Neighbours came out to see what was the Matter. The Woman that got his Watch, ran away, and the Man ran up and down the Alley, - Where's my Watch! Where's my Watch! I'll give 4 Crown for my Watch! After Mr Harrison came home, I saw the Man; this is he, in his own Hair: He had a whitish caped Coat on.
William Blake . (a Soldier.) I and my Friend [Houghton] were drinking that Night at the Castle at Cow-Cross, and as we were coming home thro' Black Boy Alley, we saw this Mr Brown have hold of the Prisoner, between 7 and 8 o'Clock. He said to me, Brother Soldier assist me, I have lost my Watch with two Women, and I believe this is the Man that has got it, but my Comrade and I went home directly, we would not trouble our selves about it.
Jury. Do you lodge in the Prisoner's House?
Blake. No, I quarter at the Bull and Butcher, at Cow-Cross.
Thomas Houghton . I was with Blake at the same Time; as we were coming thro' Black Boy Alley, we heard a Noise: Blake asked what was the Matter? The Gentleman said, he had been robbed of his Watch by two Women, and he would give us half a Crown to get a Constable, for he believed that Man had got it, and belonged to them: but we went away, and I went to my Lodgings at Westminster. I saw no farther, upon my Word, - if you'll believe me. The Gentleman
George Collins . Between 7 and 8 that Night, I heard a Noise of Women crying out Murder. - I live in Thatched Alley, - I am a Shoemaker. - I heard the Gentleman say, he had been robbed by two Bitches, and two Women. Several Times he expressed himself in that Manner.
Jury. Do you live in the same House with the Prisoner?
Collins. Yes: and I am certain he was in the House, when the Man was robbed. There were several Men and Women too, in the Court, when the Noise of Murder was made. - The Prisoner was three Hours in the House before the Gentleman was robbed. I live one story higher than he. - I was sometimes above Stairs, and sometimes below. - I was in his Company just before the Man was robbed, and heard the Prisoner run out of the House, when he was complaining he had lost his Watch. I am sure the Prisoner was in the House from 4 to 8, when the Outcry was made. - I was below Stairs, and sometimes I was (perhaps) half a Minute, not more, above Stairs. - No: I know nothing of any Wife of the Prisoner's - I was not out of the House all Day, for I was ill of the Tiffick; I sat below at their Fire, because it was cold, and was not above Stairs for above half a Minute.
Elizabeth Oliphant . On Sunday Night after Christmas-Day, about 7 or 8 o'Clock at Night, I was going to the Pump Alehouse, for a Pot of Purl. - I live next Door to the Prisoner, in the same Alley, - Thatched Alley. The Prisoner was sitting at the Fire, when I went out for the Purl. I am sure I had been there all the Afternoon, for Elizabeth Carter (the Landlady) and I had join'd for Tea. When I came back with the Purl, I heard Murder cry'd in the Alley, and a Woman ran past me, by the same Token, she dash'd the Pot of Purl out of my Hand. I asked what was the Matter? The Woman that ran past me said, she did not know, and while I was asking about it, the Prisoner came running out of the House. I saw one Woman upon the Ground, and the Prosecutor too, with his Breeches down. I bid him get up, and put up his Breeches, for 'twas very cold. Upon my Word 'tis true: I never took an Oath before, in my Life. The Woman was upon the Ground, and her Cloak, - a dark colour'd Cloak lay upon the Snow. The Prosecutor said, give me my Watch. The Woman upon the Ground said, the other Woman had got it. The Man's Cloaths were all open, &c. and I bid him get up, the Weather was not so hot, that he should lie there in that Manner; and if he wanted a Whore, I bid him go Home to his Wife, for he told us he had a Wife and Children upon Windmill-Hill. I can't tell who the Woman was, who lay upon the Ground, for I did not see her. - No, she got away while the Prosecutor was putting up his Cloaths. - She was none of us, - not one of our Neighbours, as I know of: and I am sure the poor Man at the Bar ran out of the House when Murder was cried, and that the Robbery was committed before he went out to see what was the Matter: for the Prosecutor was at that Time pulling open the Woman's Breast, in a violent Manner; and calling out, - where's my Watch! Upon which I told him the Weather was so cold, that I wanted something warm, and I bid him get up, and not lie there in the Snow. - No; the Man was not quite down upon the Ground; he only had one Knee down, and the other up, and I found him pulling open the Woman's Breast, to see for his Watch.
Elizabeth Carter , [The Landlady.] The Prisoner at the Bar lodged at my House: he has lived 2 Years with me. On Sunday Evening, before New-Tear's Day, he and I were sitting by my Fire, by ourselves; We sat together 2 Hours before the Outcry was made, and no one interrupted us. No Body came in, for 2 Hours before, - because 'twas very cold, and it snowed very hard. But presently after, I heard Murder cried, very terribly: upon that the Prisoner run out of Doors, and I followed him: and at the Bottom of 2 Steps under Harrison's Window, I saw the Gentleman that made the Noise, in his own Hair, and 2 Women with him. - Whether one of the Women was getting away, or not, I can't tell. But they struggled together; They cried Murder, and be cried, give me my Watch. After I had seen this, I went in again, and sat down by the Fire. I am sure there were 2 Women with him: but People might be passing and re-passing. He stood struggling with the two Women, and I believe he had one of them by the Breast. He was not undressed then, for the Gentlewoman (Oliphant) says, he put up his Breeches before I got out of Doors. I am sure I heard the Consequence of the Thing, and then I ran in Doors again directly, but the Prisoner staid out in the Alley longer. The 2 Women were upright upon their Legs; I did not see any of them on the Ground, for it snowed very hard. I am very sure the Prisoner and I had been together by
The Constable. When I apprehended the Prisoner there was not any Talk of this Kind: there was not one Word of a Squabble with Women. I asked Mr Brown if no Women had been concerned in the Robbery, and he said, no: he had not been in Company with any Women, but that it was the Prisoner alone, who knocked him down and robbed him: and when he charged me with the Prisoner, he (the Prisoner) never mentioned a Syllable of Brown's having complained of being robbed by 2 Women. There was not one Word of this Defence, set up then.
Mr Brown. As to these 2 Soldiers, I cannot say I remember them: but there was a Soldier came up to the Door of the Prisoner's House, and I offered him Money to get a Constable. Another Soldier came up afterwards, and I offered them a Crown, but they pushed me about, and beat me. Carter, the Landlady, (the former Witness) was the very Woman that punched me on the Breast, and said, d - mn you, you Son of a B - ch, bring me a Guinea, or 20 s. and you shall have your Watch, to-morrow Morning.
Carter, [the Landlady.] Mine being the first Door which was opened in the Alley, the Prosecutor came in, and says he, God bless you, good People, can none of you tell me any Thing of these Women? I will give you 10 s. if you can. I ran to the Door, to the Prosecutor, and said if you would give 10 s. or a Guinea, or ever so much, no one here can tell you any Thing of your Watch. He might as well take away my Life; or any other poor Creature's, as the Prisoner's. He offered 10 s. for his Watch, and I said, if he would give 20 s. or a Guinea, or 10 Guineas, none there could help him to it. My Husband's a Shoemaker, and I have a Child to Nurse, and do what I can to keep the Wolf from the Door.
Philip Price (Watchman). This Woman [Carter] keeps a common Bawdy-House, (in Thatch'd Alley) and entertains all Manner of Whores and Thieves. We have several Times taken lewd People out of her House. The Constable knows it, as well as I.
The Constable. I know Carter's House, and have been several Times called to take Persons from thence. - 'Tis a House of no Reputation at all. That Man (Harrison) is a Tubman, I believe him to be an honest poor Man: One of these Girls is his Daughter. The two Soldiers I know nothing of; and as to Oliphant, I have seen her at Carter's House several Times, and likewise about this Alley. How she gets her Living, I cannot tell.
William Lascells . I live at the Saracen's-Head, on Snow-Hill: I am Chamberlain there, and the Prisoner used to ride post from our Inn; but we not having had Occasion for so many Postmen , as formerly, he was discharged. Since which he has come to the Postboy's Room, which is on the left Hand of mine, and I have left my Door open, and have had 300 Pound's-worth of Money and Goods therein, but I never lost any Thing. He went by the Name of Dumplin; and Gentlemen who used to ride post, enquired for him by the Name of bonest Dumplin, and have said, he was the honestest Postboy that ever they rid with in their Lives. Guilty , Death .
Thomas Barnes. On Saturday the 15th of December, about 11 o'Clock at Night the Prisoner came into my House, and called for a Pint of Beer. He sat in the Fore-Room, but he came once or twice into the Kitchen, where Company were drinking out of this three pint Tankard. I saw the Prisoner in the Kitchen myself, but I was called up Stairs to take a Reckoning, and when I came down, the Company were all gone out of the Kitchen, except the Prisoner, and one other Person. The Prisoner threw down three Halfpence for his Pint of Beer; wished me a good Night, and went out. I am positive the Tankard was in the Kitchen when I went up Stairs; and after the Prisoner was gone, I miss'd it, and enquired after it; and suspecting him, I went to his Lodging, but could not find him: so I advertis'd it, and on the Tuesday following Mr Nichols near Aldgate, sent for me; I went to him, and found the Body of my Tankard; the
Mr Nichols. The Tankard having been advertised on Monday and Tuesday, and the Prisoner coming to my Shop on Tuesday to offer the Body of the Tankard to Sale, I asked him how he came by it? He bought it (he said) of one he knew very well. I told him, he had best find out the Person he bought it of, else he would come into Trouble. I asked him, what he gave for it? He said, it cost him 20 Shillings. That's worse and worse, said I; for if you buy Things, and don't give the full Value, you will suffer on that Account. He appeared at that Time very genteel; he was well dressed, in a powdered Wig, and white Stockings; but I kept him in my Back-Room, till I sent for Mr Barnes: he owned it, and the Prisoner was detained in the Counter that Night. The next Morning Mr Alderman Westley committed him. He told Mr Barnes he was sorry for what he had done; he hoped he would forgive him, and pulled the Handle of the Tankard out of his Pocket, and gave it to him. This is the Tankard, and this the Handle; they are worth about 6 l.
Guilty of the Felony, but acquitted of the stealing out of the Dwelling-House .
87. + John Anderson , of St Peter's Cheap , was indicted for stealing 6 Guineas, 2 Portugal Pieces of Gold, val. 36 s. each, and a Quarter-Moidore, the Money of Jane Fletcher , Thomas Fletcher , and John Sturges , in the Dwelling-house of Jane Fletcher , December 15 .
Guilty of the Felony, but acquitted of the stealing out of the Dwelling-House .
88. + Robert Onion was indicted for that he, on the 15th of December , in the Parish of St Gregory by St Paul's , 8 brass Nossels, together with 8 brass Cups, and 8 brass Bosses, val. 25 s. and a brass Arm of a Sconce, val. 5 s. the Goods of the Dean and Chapter of St Paul's , in the Cathedral Church of St Paul's , feloniously and sacrilegiously * did steal, take, &c.
By 25 H. VIII. c. 1. and 1 Edw. VI. c. 12. Persons convicted of feloniously taking of Goods out of any Church, are not to be admitted to the Benefit of Clergy.
John Rowden . I belong to the Cathedral Church of St Paul. I am Sub-Sachristan and Library-Keeper. On the 15th of December in the Morning, when I went to the Church, I missed the Nossels and the Brass Arms from the Branches. Eight Nossels, 8 Cups and Bosses, and a Brass Arm were gone. I asked our Watchman what was become of them? He could not tell; so I went away to Mr Giles, our Founder, and desired him to make Enquiry after them. About an Hour afterward, I heard some of the Things were found, and being produced before my Lord Mayor, I knew them and owned them; and as the Prisoner was carrying to Goal, I asked him for what was wanting? He told me he had sold some of the Brass at the Sign of the Bell in Long-Lane. I went thither, but the Man of the House denied he had bought any such Thing, upon which we carried the Prisoner to him, and then he owned he had bought the Brass of him, and gave us what was wanting.
Prisoner. I did not take them; they were given me to sell.
Mr Rowden. He made no such Pretence when we took him; but he acknowledged he concealed himself in the Church all Night, and that he went to work in the Night, and took the Things, which he carried out in the Morning. The Cups screw very tight into the Arms; and one of the Arms he broke off. These are the Goods, and they belong to the Dean and Chapter. Guilty Death .
Mr Banks. On the 7th of this Instant January at Night, I was going to the upper Part of Moorfields. When I came to Fore-Street, in my way thither, I saw it was half an Hour past 8. When I had passed thro' Moor gate , I stopped to make Water. While I stood against the Wall, the Prisoner came up, and accosted me with such obscene Language, as I believe will be improper to mention in this Place, the Substance of it was, to ask me whether I would lie with her; and at the same Instant, she put one Hand under my Cloaths, and pulled them up to my Stomach, and with the other Hand, she forcibly took my Watch out of my Fob. As soon as ever I had put my Cloaths in order, I pursued her, and took her by the Crown Alehouse; she was carried in there, and
Prisoner. What Time o'Night was it when you saw your Watch?
Mr. Banks. It was half an Hour past 8.
Prisoner. Was it not dark?
Mr Banks. It was partly Moonlight, and something lighter, by Reason of the Snow, and there was the Light of the Lamps besides. I am positive the Prisoner is the Person who took my Watch. I felt her take it; she hurt me with one of her Hands in taking it; and I felt it slip away; but the Weather had made the Ground so slippery, that I could not run very fast after her; and when I pursued her, she walked faster than I could; else I had laid hold of her sooner.
Prisoner. What was said to you by the Person that took your Watch, when she left you?
Mr Banks. By the Prisoner's attempting to take my Watch, she made me drop one of my Gloves: So I bid her go along, and told her she had made me drop my Glove: upon which she very courteously stooped down to pick it up, and in so doing she took my Watch. I am subject to the Gravel, and could not make Water and lay hold of the Prisoner at the same Time.
Prisoner. Did you tell me when I had given you your Glove, that you had lost your Watch?
Mr Banks. No.
Prisoner. Had I been in any Company after you lost your Watch?
Mr Banks. No: She was never out of my Sight, 'till I took her. But I am informed that these Creatures have a very particular way of concealing such Things. She was searched by two Women, and it was not found.
Prisoner. How far distant, was the Place where I was searched, from the Place where you lost your Watch?
Mr Banks. The one was at Little Moorgate , and the other at Great Moorgate. When I laid hold of her, she was stooping down, and said she was tying her Garter. She did not stoop down till she saw me near her. When I charged her with the Fact, she called me base Man; but I am positive she took it out of my Fob-Pocket.
Prisoner. Last Monday was se'en-night about 2 o'Clock, a Gentlewoman called upon me at my Lodgings in Upper Moorfields, and told me Mrs Bragg had got a Child's Coat for me to make. I cleaned myself, and went with her to Mrs Bragg's in St. Thomas Apostles, about 3. I staid and drank Tea, and after that I staid to Supper, and we had Mutton Chops. At 8 o'Clock I came out to go Home, and Mrs Bragg came with me to Little Moorgate, where I stopped to tie up my Garter, and then the Prosecutor came up and told me he had lost his Watch, and carried me into the Alehouse. There was a Woman in the Bar, and 2 Women were with her, who carried me into a Room and searched me, but found nothing upon me. The Woman of the House, asked him, why he brought me in there? He told them he did not bring me in, but seeing me go in, he followed me.
Amelia Watts . I went that Night to the Crown Alehouse (Mr Hutton's) for a Pot of Beer, and heard a Woman crying in the little Room, Sir, you are not to beat me. I did not see the Gentleman beat hear, but I heard him say he had lost his Watch. Where did you lose it, says I? 'Tis lost in the House (said he) for ought I know, and I will make them find it. I did not hear any Thing of it's having been lost out of his Pocket, nor of the Woman's having been searched.
Elizabeth Broadwater . The Prisoner makes my Children's Coats, and I have employed her for my Friends; I know no Ill of her: She has always used me with Sincerity and Handsomness. I keep my Father's House, and he has a Place at Blackwell-Hall: I have known her 4 Years, and she gets her living this Way, and I am sure she follows her Business close, to get a Livelihood.
Mary Linton . I have known the Prisoner about 6 Years. I have laid her of 2 of her Children, one of them is about 2 Years old, and the other is almost 4. I believe she has good Business and keeps her Family as an honest Woman. Her general Character is, that she is a very honest Woman.
- Bragg. On the Saturday before Twelfth-Day, Mrs Pain desired me to send the Prisoner to her about a Child's Coat. Accordingly I went to her, on Twelfth-Day, (the 7th of January) about 2 o'Clock, and told her Mrs Pain's Business. The Prisoner put on a clean Gown, and went with me to Mrs Pain's, and we staid there till 8 o'Clock; then we came out together, and I
- Pain. The Prisoner was at my House the 7th of January, between 2 and 3 o'Clock, with Bragg, and they staid till about 8 o'Clock, I had desired Bragg to send her to me, to make a Coat. I have employed her, and have helped her to Customers, and was surprised when I heard of this Accident. They drank Tea with me, and eat a Mutton-Chop, and it being Twelsth-Night, I pressed them to stay longer.
Mr Banks gave an Account of his having been offered 20 l. or a Watch that ran upon Diamonds, to stisle the Prosecution; and Mr Caleb Rophey deposed that he saw a Watch delivered into Mr Banks's Hands (not the Watch he lost) for this Purpose: but neither of them, could take upon them to say, these Proposals were made with the Prisoner's Privity or Consent. Mr Banks added, that he had heard the Prisoner had a bad Character, and said she was well known when she was committed; that he heard she had lately served a Countryman in the same Manner, and had been at the Old-Bailey before, for such an Offence. Acquitted .
93. + Thomas Motte , alias Moote , of St. Brides , was indicted for stealing 3 Five-Guinea Pieces, 4 Two-Guinea Pieces, 22 Guineas, a Portugal Piece of Gold, value 3 l. 12 s. a 36 Shilling-piece, 2 Half Guineas, a Piece of coined Gold, of King Charles the Second, value 23 s. 16 Crown Pieces, 36 gilt Six-pences, a Silver Box gilt, value 3 s. a Chrystal Stone engraved for a Seal, val. 3 s. and 4 Gold Mourning-Rings, value 30 s. the Goods of William Gibbon , Clerk , in his Dwelling-House , December 16 .
Mr Gibbon. On Sunday the 16th of December I was robbed of every Thing mentioned in the Indictment, while I was at Church. I locked my Buroe in the Morning before I went out, and ordered my Servants to go to the Chapel before the Service began. The Prisoner had been my Servant , and having been discharged for using me ill, I concluded he was the Person who had robbed me. I lost 3 Five-Guinea Pieces, 4 Two Guinea Pieces, and above 20 Guineas. Some Pieces of Portugal Gold; a 3 Pound 12 Shilling-Piece in particular, some Crown-pieces and gilt Six-pences, and a Piece of Gold of King Charles the Second, and a Piece of Chrystal cut for a Seal; some Mourning Rings, one pretty remarkable, because it hath not the Age of the deceased. Four of them are in the Indictment, but I lost more. The Prisoner was taken up in Essex, and the Things (taken from him) were described to me by the Constable, and afterwards were shewn me in Chelmsford Goal; when I had seen them, they were sealed up again in my Presence, and are here in Court. Here is a Two-Guinea Piece, which has a Mark on it, whereby I am pretty sure I can distinguish it from another. This Piece of King Charles's I believe is mine; and I verily believe this Guinea is mine. Here is the Ring that wants the Age of the Deceased. This is the Seal, and here is the Impression which I took off about two Years ago. The Prisoner has confessed the Fact, and the next Witness will inform you, the Things were found upon him. They were taken out of my Scrutore in my Study; the Lock of the Scrutore I found broke, and the Spring likewise, (tho' very strong) and part of the Molding that went over the Lock.
Daniel Monk . On the 30th of December I received a Warrant from Colonel De Veil , backed by Mr Justice Price of Illford, by Virtue of which we took the Prisoner. Upon searching him, we found the Things which have been now produced, and I heard him confess that he was guilty of the Fact, and that they were his Master's. After he had said this, he told us the Things were given him by one John Linsley .
John Dawson . On the 16th of December last, the Prisoner came and knocked at my Master's ( Mr Gibbon's) Door; I opened it, and his Brother William was with him. The Prisoner asked me, if my Master was gone to Church, and if we were going to Chapel? I told him yes. Then I went in to put on my Shoes, and when I came back I did not see the Prisoner. I asked his Brother William, where he was gone? William told me, he was gone out to speak to a Gentleman's Servant in the Yard. I left them
Jury. How far was this Passage from your Master's Study?
Mr Gibbon. The Stairs which go to the Study, were in this Passage.
Dawson. The Study is up one Pair of Stairs. William staid but a very little Bit; we went to Chapel, and he went out before us.
John Clark . I made the Book Case for Mr Gibbon, which was afterward broken open. Mr Gibbon called upon me, and told me of this Disaster, - the Accident which had happened to my Work, and I called the next Day at his House, and saw it had been broke open. The Lock of the Desk had been very much strained; this is the Lock, and here is the Mark of the Instrument, with which it had been opened. Part of the Molding upon the Book-Case was tore off, to get at the Lock, and I reckon it must take up about a Quarter of an Hour, (not much less) in the breaking open.
Mr Gibbon. When Mr Clark saw it, it was in the same Condition as I found it.
Colonel Price produced the Prisoner's Confession, but as the Prisoner had sworn it, it was not read.
Mr Ellis. I went to Chelmsford Goal to see the Prisoner. The Things which have been now produced, were found upon him, and he owned they were Mr Gibbon's.
Mr Wasket. I heard him own in Chelmsford Goal, that the Things found upon him were Mr Gibbon's, and that Linsley gave them to him.
Mr Gibbon. Some of the gilt Sixpences, I am informed he and his Brother paid away in the Country.
Wasket. Mr Gibbon wrote to me, and desired me to get up these Sixpences if I heard of any being put off, and I went accordingly and gave Change for some which the Prisoner's Father had paid away for Half-Guineas; but I don't know of the Prisoner's putting them off himself.
Prisoner. I had all these Things, (which Mr Wasket took upon me) from John Linsley. Guilty , Death .
98. + John Pattison was indicted for stealing 12 Linnen and Cotton Handkerchiefs, a Linnen Apron, two Napkins, ten Towels, and other Things the Goods of George Albright Trotshey in his Shop , December 31 . Guilty 10 d.
Mr Ridler. I keep a Hosier's Shop , in Little Suffolk Street ; I lost a Bundle of Stockings containing nine Pair, out of my Shop Window. - 'Tis a close Window, and I put them there my self but a little while before they were stole. I missed them the 17th or 18th of November.
William Wevlin . Styles, Pattison and I, on the 18th November, stole nine Pair of worsted Stockings; (some of them had red Clocks, and some of them white) we stole them out of Mr Ridler's Shop-window in Little Suffolk Street, near Great Suffolk Street, in the Haymarket. Styles (being the biggest Man) went into the Shop for a halfpenny worth of blue Thread, and stood before Mr Ridler. I stood at the outside of the Window to watch, and Pattison whipp'd in, and took the Stockings, while Mr Ridler reached down a Bundle of Thread. When Pattison was got out of the Shop with the Stockings, he gave them to me; I had Pattison's great Coat on at that Time, and I clapped them under the left Side of the Coat, and he and I went to the Corner of the next Street, and waited 'till Styles came up to us. Then we all three went to Margaret Ellis's, in Parker's Lane, and went up into her one Pair of Stairs Room: she came up to us there, and bid us 7 s. for them all. While we were talking to her, Styles snatched up four Pair out of the nine, and ran down Stairs with them. Out of what was left, I had three Pair, and Pattison had two. My three Pair I sold to Ellis for 3 s. but Pattison said, he would not sell his at any such Price, he would sooner pawn them. - We all went out with a Design to get what we could get, and seeing
Pattison. There was no Body in this Robbery but the Evidence (Weblin) and I. We were coming that Night thro' Leicester Fields, and meeting Jemmy Styles , we asked him to pawn some of these Stockings. He refused, because he was afraid they were not honestly come by: Upon which Weblin was angry, and said he'd be up with him. I undid the Prosecutor's Door myself. I have often opened it. We took these Goods while the Prosecutor and his Wife were drinking Tea. Pray, Sir, have not you often found your Shop Door open?
Mr Ridler. Yes I have.
Ellis. I had neither Act nor Part in this Matter, nor have I ever bought any Stockings since I came to London. I happened to take this Bess Cane into the House, and she brought the Gang about me. My dear Husband is dead in Goal, upon this Account, and I hope you'll take my Case into Consideration.
Jury to Ridler. Do you remember any such Person as Styles, who came to you for a halfpenny worth of Thread at that Time?
Ridler. I remember serving a Man with a Skain of Blue Thread, but I can't swear it was the Prisoner Styles. I never had my Goods again, nor did I ever hear any Thing of them, 'till I had Information from Colonel De Veil, that the Persons who robbed me, were taken, upon Weblin's Information. Styles and Pattison, Guilty 4 s. 10 d. Ellis, Guilty .
The Prosecutor not appearing the Prisoners were acquitted .
Mr Trueman. I can only say the Hoops which are charged upon the Prisoner, were mine and my Partners Property, and were taken out of my Yard. I can't say I missed any, but here's a Witness saw him take them out of the Yard.
Jonathan Trott . About 10 or 12 Days ago, I bought 12 or 14 Iron Hoops of the Prisoner, and gave him 4 s. and 6 d. for them. I live in Turnmill Street, and Mr Trueman lives in Brick Lane, Spittlefields. I gave a Market Price for them, - a Penny a Pound.
Mr Trueman. I will give 7 Farthings a Pound for 1000 of them.
Trott. He brought them to me about 6 or 7 at Night, and they were old Iron Hoops. I have not had great Dealings with him, for I have not seen him above three Times these seven Years.
Mr Trueman. The Prisoner confessed he took them. Here's his Confession.
Mr Zaebary Clark proved the Confession, after which, as much of it as related to the Fact was read.
January 3. 1739. Middlesex, to wit, The Information, &c. who faith he lately stole from Benjamin Trueman , Esq; a Parcel of Iron Hoops, and sold them to Jonathan Trott , of Turnmill Street, in this County, for 3 s. and 11 d.
Trott. I gave him 4 s. and 6 d. for them; and I never bought any other Parcel of him, but this.
John Godfrey . The Night the Hoops were taken, I saw the Prisoner watching about Mr Trueman's Gate. He looked out at the Wicket, and had the Hoops ready. I saw him, but he did not observe I watched him, so he took the Hoops upon his Shoulder and brought them thro' the Wicket. I followed him thro' the Fields to Shoreditch Church; from thence he went round Hoxton Fields, to the New-River Head, and from thence I followed him to Trott's House. He went in there about 7, and Trott and he came out together, and went to a publick House. I watched them there, and saw Trott take some Money out of his Pocket, and pay it to the Prisoner by the Fire-side. After this, Trott was sent for Home; I watched him thither, and saw another Parcel of Hoops had been brought, and were put in the Scales to be weighed. Then I went and told Mr Trueman, and the Prisoner was carried before Mr Justice Harwood, where he confessed he had taken a Parcel of Hoops, and had sold them for 3 s. and 11 d. He likewise informed us that one of his Fellow Servants stole another Parcel the same Time. Several Persons gave the Prisoner the Character of an industrious Man, and said they never had heard of his being charged with any Dishonesty before. Guilty 10 d.
John Claxton was indicted for stealing a Linnen Sheet, val. 1 s. 6 d. the Goods of Adam Goodwin , in his Lodging , Jan. 3 . Guilty 10 d.
107. Caesar Franklin was indicted for stealing 32 Yards of Linnen Binding, value 16 d. 23 Yards of Holland Tape, value 9 d. 65 Yards of Manchester Tape, value 2s. 3d. and other Things, the Goods of John Banford , January 4 . Guilty .
108. + Abraham Benbrook of St Ann's Westminster was indicted, for that he not having GOD before his Eyes, &c. on the 19th of December , in and upon Samuel Masters , did make an Assault, and with his Right-Hand, him the said Masters, in and upon the left Side of the Head did strike and beat, and with his Right-Hand, him the said Masters on and against a certain Stone Step, did cast and throw; giving the said Masters, as well by striking and beating, as by casting and throwing against the said Stone Step, a mortal Bruise and Contusion, of which he instantly died .
William Cheatham . The Deceased came to work at my Master's, (Mr. White's in Tyburn-Road ) and on the 19th of December, my Master having lent him 6 d. he asked me to go and spend three Halfpence with him. As we were going, the Prisoner met us, and asked the Deceased, if he was not a Rogue to go and work at another Place? The Deceased told the Prisoner he owed him Money, and the Prisoner said the Deceased had robbed him. What have I robbed you of, says the Deceased? I'll tell you said the Prisoner, and immediately he up with his Hand, and struck the Deceased a Blow, and he fell backward, with his Head against some Stone Steps, after which he never stirred. I told the Prisoner he had killed the Man; upon which he ran across the Road, but I followed him, and caught him by the Collar, telling him again, he had killed the Man. The Prisoner said, if I did not let him go, he would serve me in the same Manner: but I brought him back, and he took the Deceased by the Hand, and said he was alive. Upon the Mob's beginning to rise, the Prisoner got away again: I got one of our Men to assist me, and we pursued him to St Giles's. When we came up with the Prisoner, he struck at the Man, and told him he was not a proper Officer; so I ran to get a Constable, and after he had been to view the Deceased, he took charge of the Prisoner.
Prisoner. Did you see me knock him down?
Cheatbam. Yes: He gave him such a Blow on the left Side of the Head, that it might have been heard the Length of this Court. After which he bled very much out of his Nose and Ears.
Prisoner. In what Manner did the Deceased fall?
Cheatham. The Deceased stood with his Back against the Houses, and the Prisoner stood with his Face towards the Deceased, who fell with his Head upon the Stone Steps. - The Prisoner gave him but one Blow.
Alexander Gordon . I was at my Master White's when the Deceased and Cheatham went out together. In two Minutes Time he came back and said, Samuel (the Deceased) was killed, and the Man who killed him was gone down the Road. At Cheatham's Desire, I went down the Road, and passed the Place where the Deceased lay, without looking at him. When I came to the Sign of the Coach and Horses, I saw the Prisoner, and seized him. He made a Punch at me, and said I was not a proper Officer, - I should not hold him. But I held him, and told him he should find me Officer proper enough to do it.
Thomas Williams , Surgeon. On the 21st of December, about two o'Clock, I was sent for to view the Deceased. I found a small Contusion on the left Temporal Muscle. In the Cranium, and between the Membranes of the Brain, and the Cerebellum, there was a large Quantity of coagulated Blood. Upon dividing the Membranes of the Brain, I found about two Ounces more, which I take to have been the immediate Cause of his Death. I am apt to think these Appearances were occasioned more by the Fall than by the Blow; and that the Blow could not have caused so violent a Concussion, as to have produced so much coagulated Blood.
Thomas Makewell , Constable. On Wednesday the 19th of December, Cheatham fetched me to the Coach and Horses, to take charge of a Man, who had killed another. I went thither and found the Prisoner; but before I would take charge of him, I went to see the deceased. I found him
Prisoner. The Deceased had robbed me of half a Guinea, and 3 s. and meeting him that Day in Tyburn Road, I told him it was very hard he should rob the Spittal, and use me ill; who had been so good a Friend to him. He said he would pay me at some Rate or other, and desired me not to hurt him. I told him I would not hurt him, but Justice should, and so I endeavoured to lay hold of him, we struggled together, and he struck me twice, and I believe I hit him a Blow in the Face; a Child of 2 Years old might have stood against it, but upon this Blow he slipped down, on the Paved-Stones, and fell with his Head against a Step. I thought the poor Man had been in a Fit; I am as innocent of designing to murder him, as the Child unborn.
Brian Dean , William Birt , Francis Waeker , Thomas Cheney , Robert Sidney , and Francis How , gave the Prisoner the Character of a quiet Man, not addicted to Cruelty; and some of them said, the Deceased was a wicked, poor Wretch. Guilty, Manslaughter only .
109. Ann Mould was indicted for stealing a Pair of linnen Sleeves, val. 2 d. a dimitty Waist-coat, val. 1 d. a Neckcloth, val. 1 d. and several other Things, val. 11 d. * the Goods of Elizabeth Legg , September 28 . Acquitted .
* Felony can't be committed of Things of no Value: And if the Value appears to be very small, it may well be presum'd, that tho' they were taken, it was not with a felonious Intent.
112. + John Smith was indicted for stealing a Cloth Coat, val. 5 s. a dimitty Waistcoat, val. 6d. 3 Pair of Cloth Breeches, val. 6 s. the Goods of John Constant . And a drugget Coat, val. 10 s a barragon Waistcoat, and several other Things, the Property of John Edgerly , in the Dwelling-House of Richard Hopkins , Dec. 24 . Guilty 39 s.
115. Hannah Thompson was indicted for stealing a Calamanco Petticoat, val. 3 s. a Shift, val. 3 s. 2 Cambrick Handkerchiefs, val. 1 s. and several other Things , the Property of Peter Brown , December 20 . Guilty .
John Threlkeld. I suppose (Gentlemen) I may be admitted to give an Account in full, from the Beginning to the Conclusion of the Fact. It was the 2d of December last. I was in Company with my Spouse, and was returning Home from a Visit at a Relation's House, about 10 o'Clock in the Evening; and turning into Swan-Alley , we did not see many People walking, but yet we had no Suspence about being attacked, but as soon as we had got into the Alley, 2 russian-like Men entered, and came forward. They hurried, and whispered, which made me imagine they had some evil Design. My Dame was about 20 or 30 Yards before me, and they passed her, and me too. When I had overtook her, I asked her, if they had offered any Violence to her. She told me, no. I dare say (said I) they are ill-designing Men, and just as I had changed the Words with her, the Prisoner came behind me, (I heard his Step) and he forcibly pulled off my Hat and Wig, and ran cross the Way, and pushed under a Gate-way. He was about 3 Score or a Hundred Yards from me, but 2 Men coming down the said Alley, Passage, or Lane, clapped upon him. It was a Moon-shine-Night, and I never lost Sight of him, from the Time he took my Goods, till he was taken. He had then the same Cloaths on, that he has now, and I am sure
Prisoner. What did I say to you when I was stopped?
Threlkeld. He said, Indeed, Sir, I took you for one of my Acquaintance: Now this to be sure was very odd, because I cried out stop Thief, several Times, as he was running away.
Prisoner. What Time o'Night was it.
Threlkeld. Rather before 10 than after. I was a-bed before 11, and I had near three Quarters of a Mile to go Home.
Threlkeld. As to the Nature of his being apprehended and taken, that may be farther declared, and that the Prisoner has been an Evidence already. I know it from his own Confession, before the Magistrate. He made a Declaration of many Things, which the Justice said he would not take Advantage of. He insisted on being made an Evidence.
David Nix. I heard a Gentleman about 10 o'Clock at Night cry stop Thief! So I turned my self round, and saw the Prisoner run down the Passage, with a Hat in his Hand; upon which I laid hold of him, and said, Sirrah! I believe you have robbed the Gentleman! I took the Hat from him, and when the Gentleman came up, I asked him, if it was his Hat? He said yes, and he would swear to it. I told him, he might let the Fellow go, now he had got his Goods; but he bid me told him, and I did so, 'till the Mob rose and rescued him from me.
- Nix. When my Brother Nix laid hold of the Prisoner, he had one Hat on his Head and another in his Hand. I said, Sirrah! this is the Man's Hat. The Prisoner immediately begged for God Almighty's Sake we would let him go, else he was a dead Man. He has been an Evidence before.
Guilty of the Stealing, but acquitted of that Part which charged the Prisoner with privately taking from the Person .
John Peters . About the 20th of November last, two Silver Casters were lost out of Oriel College Hall . One was a Pepper-Caster, and the other a Mustard-Caster, with a Mustard-Spoon in it. I missed them when I came to lay the Cloth for Supper, and enquired if they had not been taken to some of the Gentlemens Chambers, but could not get any Intelligence of them. This Caster I brought up from College with me, to compare with what we had lost. I know it belonged to the College. Dr. Hodges is Provost. The Proprietors are called by the Names of the Provost and Fellows of Oriel College in Oxford.
Prisoner. Do you know I stole them? Or can you say you saw me in the College.
Peters. I know he belongs to Oxford: He work'd at a Cutler's Shop, by the King's-Head-Tavern, and after that he kept a little Shop of his own, in the Butcher-Row, I can't remember that I have seen him about the College.
Samuel Nicholls . On the 11th of December, about 11 at Noon, the Prisoner came to my Shop, in the Parish of Cree-Church, and offered this Caster to Sale; 'tis filed both above and below the Swage. I asked him how he came by it? He said he dealt about the Countries, in Silver and Hard-ware, and that he bought it in Oxfordshire, about 50 Miles off, - at a little Town in Banbury Parish. I asked him who he knew there? But when he found I knew the Country, he would say no more, only that he gave 40 s. for it, and paid a Crown an Ounce. I looked upon the Bottom, and saw the Weight engraved on it, 9 Oz. 3 qrs. Upon this I had him before Sir John Thompson , who committed him, and bound me to prosecute. I intended to have advertised it, but the next Morning I put it in the Fire to try an Experiment, by which we often find out the Marks which have been filed out. When it was red hot, the Place where the Arms of the College had been, was as black as my Hat, and I could plainly perceive, 3 Lyons passant, and Orie-Col. I informed Mr. Robinson of this, and he advised me to write to Sir John
Prisoner. I go about the Countries, and sell Silver Buttons and Hard-ware with a Licence: I bought this Thing of a Man, who seeing I had Silver-Buttons and Tea-Spoons in my Box, he offered me this Caster, and I bought it of him for 50 Shillings.
Peters. I know nothing of the Prisoner's Character myself; but before I came up, the Provost and Fellows ordered me, before I came up to London, to enquire into his Character of those who knew him; but I could not find any one who would give him a good one. He had left his Shop, and the Town, when I went to enquire after him. Acquitted .
119. Charles Groom , of St George's Bloomsbury , was indicted for stealing a Hat, value 12 d. a Table-Cloth, val. 6 d. 8 Napkins, value 1 s. 6 d. and a blue and white Linnen Apron, val. 1 s. the Goods of William Lowers , December 27 . Guilty .
120, 121. + Elizabeth Taverner , alias Howard , and Hannah Sargeway , alias French Hannah , were indicted for breaking and entering the Dwelling-House of Mary Bockcomb , between 2 and 3 in the Night, and stealing a Silver Watch, val. 30 s. a Velvet Hood, val. 2 s. 6 d. 3 Linnen Shirts, value 18 s. a Cambrick Apron, val. 5 s. a Holland Apron, val. 2 s. 6 d. a Pair of Stockings, val. 2 s. and a Piece of Pork, val. 6 d. Dec. 2 .
Mary Bockcomb . On Sunday, December 2, about 11 o'Clock at Night, I went to Bed, and left my House safe: when I came down Stairs on Monday Morning about 8, I found the Sash up; the Window-Shutters open about a Nail of a Yard, and a Silver Watch, a Velvet Hood, 3 Shirts, a Cambrick Apron, and a Piece of Pork were gone. I am positive the Sash was down, and the Shutters were close when I went to Bed, but by Accident, the Pin was not put in the Shutters. When I went to Bed, I took the Piece of Pork out of the Cupboard, and put it upon a Corner Table, by Way of Security against the Mice; and the Pork was taken away, but a Silver Spoon, which was in the Dish with the Pork, was left. This made some of my Neighbours suspect the Lad, (the next Witness) because he is near-fighted, and they imagined he either did not see the Spoon, or that it was Silver. When the Boy was taken, he confess'd the Fact, and among the Things taken, he mentioned a Pair of Stockings, which I did not miss, till he told me of them.
Henry Bentley . The two Prisoners went with me to this Woman's House in Newtoner's Lane , and the Window-Shutters towards the Street, being neither pinn'd nor key'd, I took a Shutter down; then I lifted up the Sash and went in, between three and four in the Morning. They both stood close to the Window to take the Goods in their Aprons. - I have been in Trouble five Weeks about this Affair. - After I was first taken, I made my Escape, and was concealed under the Prisoners Bed for several Days, and then I was retaken. - The Watch (which I took out of a Drawer) and three Shirts I gave Sargeway through the Window, into her Apron. Taverner took the Velvet Hood, and Stockings, and the Piece of Pork, into her Apron. Then I got out through the Window, and went Home with them, and we all went to Bed together, and eat the Pork in Bed, without any Bread. In the Morning Taverner was called up, by one Kelley, to go to BillingsGate, and when she came back, Sargeway tied up three Shirts, two Aprons, the black Velvet Hood, and the Pair of Stockings, in a Handkerchief, and carried them out. When she returned, she said she had pawned them for 6 s. and 6 d. but she would not tell me where she had pledged them. I was left a-Bed, while they went out to pawn these Things, and they gave me 3 s. out of the 6 s. and 6 d. As to the Watch, I told the Prisoners I believed I could sell it; and I carried it to one John Anderson , a Painter, in Church-Lane, and left it with him to sell for me; but the Day following he told me, he believ'd it was stole, and he said he would give it the Headborough, that it might be advertised; but he never did, for as soon as I was found out, and and taken up, he went off the Ground with it.
Prisoners. Can you say we went with you to Mrs Backcomb's House?
Prisoners. How came we to give you 3 s. when you say we had but 6 s. 6 d. among us all?
Bentley. They told me they could get but 6 s. 6 d. upon the Things, but I believe they got more; for Taverner, when she carry'd them out, had an old dirty blue Cloak on, and in about 2 Hours after she had pawn'd them, she had got a good whitish Cloak, and new Stockings on.
Taverner. I know nothing of the Robbery. I went to Bed that Night about 9 o'Clock, and got up about 5 in the Morning, to go to Billingsgate for Fish, as I used to do. When I came Home again, there was a Hubbub, about the Boy (Bentley's) being found in the Room. We had no Lock to our Door, and any Body might get into the Room.
Mrs. Bockcomb. She says there was no Lock to the Prisoner's Room: When I went thither, I desired the Prisoners to let me go in, and search the Room. Taverner gave me 2 Keys, but neither of them would open the Door, upon which, my Servant got a Story-Ladder, and went in at the Window; then he opened the Door, but they found nothing, except the Pork-bones, which I believe were mine, - they were like mine.
Prisoners. Was you in the Room yourself?
Sargeway. Before we should have taken the 3 Shirts to have pawned, surely we should have pawned the Watch; - He is a Boy that has robb'd all the Neighbourhood. They gave him a little Victuals out of Charity, at Mr. Russel's where I wash, and he said there, he would hang his Father and Mother, before he would be hanged himself. He's a vile, cruel Creature.
Thomas Russel . I took the Evidence on Suspicion of robbing me, and delivered him to the Prosecutrix; He has a bad Character, all over the Neighbourhood. When I took him, I asked him what he had done with Mrs. Bockcomb's Things? He told me he knew nothing at all of the Robbery. I have known Sargeway about 2 Years, and my Wife has entrusted her to wash Linnen; I don't know she ever wrong'd me of a Farthing. As to Taverner, she lives in the Neighbourhood, and goes to Billingsgate for Fish, I know no Harm of her. While I was searching for the Boy, they never offered to go out of the Way.
Bentley. I know this Man, to be as vile a Fellow as ever came before your Lordship. Both Acquitted .
122, 123. + John Brown and James Eakins were indicted for stealing 2 Holland Shirts, val. 10 s. a Holland Shirt, val. 5 s. a Damask Table-Cloth, val. 20 s. a Dimitty Petticoat, val. 3 s. 3 Linnen Aprons, val. 3 s. a Child's Petticoat, val. 6 d. a Frock, val. 2 s. 6 d. and a Napkin, val. 1 s. the Goods of Thomas Cartwright . And 4 Shirts, val. 20 s. a Shift, val. 2 s. 6 d. and 2 Aprons, val. 2 s. the Goods of John Langton . 3 Shirts, val. 7 s. 6 d. the Goods of John Butler , 3 Sheets, val. 3 s. the Goods of Thomas Burnet ; 3 Sheets, val. 15 s. a Table-Cloth, val. 7 s. 6 d. 7 Napkins, val. 7 s. 8 Holland Pillowbears, val. 8 s. and a Bolster-Case, val. 1 s. the Goods of , in the Shop of Mary Hibbin , December 24 .
Mary Harold . I wash Linnen, for several Persons. On the 24th of December, I left a Bundle, (with the several Things in it, which are mentioned in the Indictment) at Mrs. Hibbin's Shop in Fenchurch-street , while, I went to another Customer, for more Linnen. When I returned, the Bundle was gone. [The Witness recounted the Things in the Bundle, and named the Proprietors.] Mrs. Hibbin not knowing what was become of them, I advertised them, in the News-Papers; after which the 2 Prisoners were taken, and one of the Shirts which I had lost, [and was Mr. Cartwright's] was taken upon Eakins's Back; it was taken off, before the Justice, and Madam Cartwright own'd it, I knew it by the Mark I put on it before I put it into the Wash. Since this, we have found several other Things, which I know were in the Bundle, when it was taken away. Here's a Pair of Sheets, but I can't be so positive to them, as I am to this Table-Cloth.
Mrs. Cartwright. I can swear to the Sheets.
Eakins. I would ask her, if she did not say she could not swear to the Shirt, that was found upon me?
Harold. I said I could not swear to a Shirt upon a Man's Back; but when it was pulled off, I saw my red Mark on it, and was positive to it.
Brown. I would ask her, whether she can swear to the Shirt which was taken off my Back?
Harold. No; I can't swear to that.
Hannah Cole . I was in Mrs. Hibbin's Shop when the Prisoner Brown came in and asked for a Pair of Garters; (she keeps a Haberdasher's Shop.) I shewed him some Garters, and asked him 6 d. for a Pair; He bid me 3 Pence for them, which I told him I could not take. Then, says he, give me a Penny-worth of black Worsted. I gave it him, and he threw the Penny behind the Counter, and I took the Candle and stooped down to look for the Money. When I got up, the Bundle was gone. I saw no Person in the Shop, but Brown, and he
Brown. Can you swear I took the Linnen out of the Shop?
Cole. I can't do that, - but there might be some-body with you who did it.
Celia Jones . I have nothing to say against the Prisoners; but Mr. Justice Lade sent for my Sister and me, to see if we owned a Shirt, and a Table-cloth. They both proved to be my Brother and and Sister Cartwright's. I delivered them to Mrs. Harold to be washed.
Mrs. Burnet. I went upon Notice from Sir John Lade , and swore to a Pair of Sheets; the Mark in the upper Sheet has been picked out, but I knew it again: 'tis made of Yard and half-wide Holland. The other is common coarse Cloth. I swear to them. They were delivered by my Servant to Mrs. Harold.
Ralph Mitchell . One Harris, and Proctor being taken up, and sent to the New Goal, Harris informed us of this Robbery, and said he believed if we took the Prisoners soon, we should find two of the Shirts upon their Backs. We took them both, and the Shirt upon Eakins was own'd, but that upon Brown, was not sworn to. They each of them desired to be admitted an Evidence, and Brown said if the Favour was granted him, he would tell where all the rest of the Linnen was. Accordingly by his Directions, we found the Sheets, and the Table-cloth.
Brown. He knew I was a misfortunate Man before, and so he asked me to turn Evidence, but I told him I knew nothing of the Matter. Pray was there any Evidence against us when we were taken?
Mitchell. Yes; that of Proctor and Harris.
The Jury found them guilty of Felony, but acquitted them of taking out of the Shop .
124. + Isaac Gates was indicted for breaking and entering the Dwelling-house of William Curd about seven at Night, and stealing a Linnen Shirt, Value 4 s. the Goods of William Curd, and several Pieces of Camblet, Value 2 s. the Goods of Isaac Hay , October 29 .
William Curd. On the 29th of October last, it being Lord-Mayor's Day, I went out about two o'Clock from my House at Stepney , to see the Show: and I left my Servant John Brown at Home, and bid him make an End of the Work he was about, and then he might go abroad too, but I bid him carry the Key of the Door, before he went out, to his Mistress, who was out in the Neighbourhood. A little before Six, I returned, and called upon my Wife for the Key of the Door; and having appointed to meet a Friend, at a publick House over-against our House, I took the Key from my Wife, and went to meet my Friend. But when I came against my own Door, I saw it open, and upon that I went cross the Way, and upon going into my House, I found the Kitchen Door open, and I had not gone above two or three Steps into the Kitchen, before the Prisoner ran against me. I laid hold of him by the Collar, and asked him what he did there, but I was so surprized, that I can't tell what Answer he made. He struck me, and I struck him, and we were both down on the Ground together in the Kitchen. He pulled from me, to get out of Doors, and he got into the Entry; I cried out, and threw him down again: after which he got to the Street Door, and the Neighbours heard me make a Noise. I tore his Cloaths sadly, - that I did, and I threw him down in the Street, when the People came to assist me, and secured him. After he was in hold, I went Home to see what was missing, and I soon saw a Shirt of mine was gone, and some Pieces of Camblet belonging to Isaac Hay , and upon searching the Prisoner, we found 25 Keys in his Pocket.
Prisoner. Could you not see by the Light of the Day, to distinguish one Man's Face from another?
Curd. No; it was totally dark; I could not distinguish him, nor know him, 'till he was taken into a House: but I am sure he never got out of my Hands, 'till he was taken. - He was sent to the Watch-house that Night, but he escaped from thence, and was not taken 'till Monday in the Christmas Week.
Prisoner. He says it was about Six o'Clock in the Evening, when he took hold of me, - but it was between Five and Six*.
* This Assertion of the Prisoner, and the foregoing Question, were in Order to get clear of the Burglary.
John Brown. My Master left me at Home when he went out; it was about Four o'Clock before I had done Work, and when I left the House, I locked the Door, and carried the Key to my Mistress.
John Lovell . I was going that Day to Mr. Curd's House, about Four o'Clock in the Afternoon, and I met his Servant John Brown, within three or four Doors of the House, and he told me his Master was gone to see my Lord-Mayor's Show. About Six, I met Mr. Curd in Bishopsgate-Street, and he
Prisoner. Ask him if he ever heard any Harm of me before?
Lovell. I can't say I have.
Curd. This is my Shirt.
John Smith , Headborough. I was sent for, to take Charge of the Prisoner, on the 29th of October. I searched him, and found a Parcel of Keys, (25 in all) upon him. He was carried to the Watch-house that Night, but when I went to look for my Prisoner, in the Morning, he was gone.
Abraham Boocay . On the 29th of October, as I was in my House, I heard somebody cry out, I went to see what was the Matter, and Mr.Curd desired me to help him to secure the Prisoner. I, and another assisted Mr. Curd, and we kept him 'till the Constable took Charge of him.
Hannah Greathouse . I live in Mr. Curd's House, and have a Key to the Door. I went out after Mr Curd's Man, and I am sure I locked the Door after me. When it was Candle-light, I came home to shut up my Windows. I found the Door locked, and I went out again and fastened it.
Prisoner. I happened to be coming past Mr. Curd's Door that Night, and he jumped off the Threshold of the Door, and pulled me into his House, and said, - You Rogue, you have broke open my House. Master, says I, what's the Matter! So we struggled together, and tumbled about, 'till People came and carried me to Mr. Boocay's, where I was search'd, and nothing was found upon me, but my own Keys, which were to sit to the Street-Door, the Kitchen-Door, and the Garret-Door, in my own House.
Guilty of the Felony, acquitted of the Burglary .
But the Prosecutor not appearing, the Prisoner was acquitted .
The Prosecutor not appearing, when called, the Prisoner was acquitted .
127. Mary Giddings , otherwise Barnes , of St. Giles's in the Fields , was indicted for stealing 2 Linnen Shirts, val. 12 d. a Linnen Shirt, val. 8 d. 4 Linnen Caps, val. 6 d. and 2 Linnen Handkerchiefs, val. 4 d. the Goods of Lewis Mills . December 21 .
The Prosecutor not appearing, when called, the Prisoner was acquitted .
John Willet . I was standing with Mrs. Floyd's Coach in Great Earl-Street , the 24th of December, and saw the Prisoner behind the Coach, picking out the great Nails. I stood still, and saw him pick out five or six. And in the Space of 10 Minutes, he had got out 17 Nails, and had taken off this Brass Top, from one of the Corners of the Coach. This Nail, and this Top, I found in his Pocket, and I am sure they are Mrs. Floyd's, and belong to her Coach; the rest he slung away when I laid hold of him, and at the same Time, he cut me across this Hand with his Knife, in such a Manner, that I thought I should never more have had the Use of it. Guilty .
Nathaniel Jewster , of St. Giles in the Fields, was indicted for stealing three Pair of Cloth Breeches, value 11 s. three Cloth Coats, value 16 s. a Serge Coat, value 15 s. and a Drugget Waistcoat, value 5 s. the Goods of Henry Williams , in his Dwelling-House , December 24 .
Henry Williams . The Prisoner lived with me as a Servant about two Months. These are the Goods he is charged with stealing, and I swear they are mine. He confessed before Colonel De Veil , January 26, that he had stole two Cloth Coats, and a Serge Coat; a Drugget Waistcoat, and two Pair of Cloth Breeches; one Pair of the Breeches were found in Pawn, but he would not confess any Thing of the rest.
Prisoner. I confessed no more than two Coats.
James Abram . On the 24th of December last, between five and six at Night, my Master Williams went out to drink Tea with Mrs. Sumner, and he bid me take Care of the Shop: So as I was walking in the Shop, I saw a poor-looking Woman in the Back-Shop, and I heard the Prisoner (who was employed to mend up some of the Goods) say, - Stand back! here's my Master! Hearing those Words, I stopp'd to one of our Shop-Doors, next Monmouth-Street, to watch what they were doing, and I observed the Prisoner to slide something off to the Woman, and she took it under her Apron, and went away. Kit Burgoine , our Porter, was then shutting up Shop; I bid him leave the Shutters, and come along with me. He followed me out into the Street, and four Doors beyond my Master's House, I saw the Woman (who came out of our Back-Shop) slip something from under her Apron, to another Woman. Upon this I bid Kit lay hold of one of them, and I seized the other. He turned his Woman's Riding-hood on one Side and I took a Scarlet Broad-Cloth Coat from her. Says I, this is the Coat I saw Jewster (the Prisoner) slide to the Woman in the Back-Shop, therefore carry the Women to the Alehouse, and keep them there, while I get a Constable, and call my Master. Mr. Williams (my Master) thought proper to go Home, and examine the Prisoner. He asked him, in my Presence, what he had done? He said, he had done nothing at all. I am perswaded you have, pray what Woman was that who was with you? He insisted upon it he had done nothing, and that he had not seen any Woman that Night. Upon this I went to the Porter, and brought him and the two Women to the Shop; and the Woman upon whom the Coat was found, proved to be one Catberine Sommers, the Prisoner's Landlady, and the other was his Wife. Sommers told us, the Prisoner owed her half a Year's Rent, and that his Wife had given her the Coat in Part of Payment. Upon this he was carried before Colonel De Veil, who committed him.
Prisoner. It was Necessity drove me to it. Guilty 39 s.
Mary Steel. On the 12th of December, the 2 Prisoners came into my Shop, under Pretence of buying some Stockings. - I keep a Shop , in Great-Earl-Street , by the 7 Dials. - I asked them what Price they'd please to go to? They said they could not tell. At last they would go to half a Crown if they liked them. I reached down a Bundle, but they did not fancy the Colour; they must be lighter, and I must shew them some of 2 s. 3 d. While I turned my Head to look for another Bundle, they whipped 2 Stockings out of the Paper, and one off the Line in the Window. The odd Stocking I missed directly, and desired it might be found. O (they said), I should find it by and bye, and bid me look behind the Counter; but upon my making Words with them, Ellen Bolton threw the odd Stocking over Smith's Shoulder upon the Counter. I told them I missed another Pair, and I called a Woman ( Mrs. Pritchard) into the Shop, and ran round the Counter myself. While I was coming round, they (some how or other) dropped the Stockings upon the Ground, I desired them to pay for them, (for they were trod all to Dirt, under Smith's Feet) but they abused me very handsomely. I had searched where they both had stood, twice, before the Stockings were found, and they were not then upon the Ground.
Bolton. Did you take any Thing from me?
Mrs Steel. She threw the odd Stocking to me, upon the Counter, over Smith's Shoulder.
Bolton. I catched a Stocking as it dropped to the Ground, and gave it her directly.
Elizabeth Pritchard . I happened to be washing, that Day, at Mrs Steel's, and she called me into the Shop, to reach her down a Parcel of Stockings to shew the Prisoners. At the same Time she came round the Counter herself, and picked up the Stockings under Smith's Feet. When they were carried before the Justice, they were search'd, and there was but 6 Pence found in both their Pockets. Each of them had some Half-pence, which made up but 6 d. in all.
Joseph Sutton . I was called to take charge of the Prisoners, and I carry'd them before a Justice; but I was not present when they were examined.
Bolton. I went into this Gentlewoman's Shop, to buy a Pair of Stockings; I had 16 Pence in my Pocket, and Elizabeth Smith , had 6 Pence in her's. I wanted a Pair of the same Colour, that Smith had upon her Legs, and we thought the Stockings upon the Line, was pretty like what we wanted; but as one of them was missing, I said perhaps 'tis tumbled off the Counter, and I stooped down and took it up and gave it the Gentlewoman. I looked about for the others which were missing as well as she, but she came round the Counter and found some under Smith's Feet. Upon this she asked Smith to pay for them; she refused, and then the Gentlewoman struck her, and Smith struck her again, and so the Constable was called.
Smith. The Constable saw we did not offer to take any Thing out of the Shop, nor use the Gentlewoman with any Ill manners. As to their saying, we had no Money, we paid some Money when we were sent to the Gatehouse, and there's the Beadle, (Mr. Penny) who found us drinking there, which we could not have done if we had had no Money.
John Penny . I know of no Expence they were at, at the Gatehouse, not I. - They insisted upon it, before Colonel De Veil, that they had Money to pay for the Stockings they wanted, when they were in the Shop. Upon this Mr De Veil ordered me to search them, and I found no more than 6 Penny-worth of Half-pence between them both. They did not then say they had spent any Money; I fetched them from the Roundhouse, and don't know of their having been put to any Expence at all. There was nothing spent in my Sight. Both Guilty 10 d.
132. Thomas Hurnell was indicted, for that he on the 5th of October, in the 10th Year of His Majesty's Reign, in the Parish of St. Bride's, took to Wife Mary Gardiner , Spinster, and to her was then and there married: and afterwards, viz. on the 4th of November in the 13th Year of His Majesty , at the Parish of St. Bartholomew, behind the Exchange , he feloniously took to Wife Elizabeth Keep , Spinster, his former Wife ( Mary Gardiner ) being still living .
The Counsel for the Prosecution having open'd the Indictment, the Nature of the Evidence, to be offered in Support thereof, was mention'd: and it was urged, that the Defendant (who is a Clerk to a Blackwell-Hall Factor) in the Year 1736, having marry'd Mary Gardiner, they lived for some Time at the House of one Watts a Peruke-Maker, and afterwards, at one Carrol's a Barber, at Fleet Ditch, near Holborn Bridge; and that at these 2 Places they lived together as Man and Wife, and had several Children, and were understood by all their Acquaintance to be Man and Wife. That the first Marriage was at the Fleet, but both Shelburn, (the Parson) and the Clerk being dead, they were under some Difficulty in procuring Shelburn's Register-Books. That the Defendant afterwards, getting acquainted with Mrs. Elizabeth Keep , a young Gentlewoman of between 3 and 4000 l. Fortune, (who was an Orphan, and under the Care of the City) he took a Lodging at the House of one Mrs. Immin's, in Winchester-street, where this young Gentlewoman lived with her Grand-mother, Mrs. Graves. When he had lodged here some Time, he took a Lodging in Throckmorton-Street, that when he had accomplished his Ends, he might have a Place to carry her to. That the Defendant in a little Time, by the Assistance of a Servant in the House, got the Lady away, marry'd her, and then carry'd her to Throckmorton Street, and has had the Custody of her ever since, &c. &c.
Couns. Pris. The Expression - [a second Marriage] is not so very proper, but we admit the Marriage with this young Lady, [ Mrs Keep]. It was likewise insisted upon, by the Counsel, in Behalf of the Defendant, that if they should produce a Fleet-Register, [with Relation to the first Woman] it would not be a legal Register, and so would be no Register at all. That Cohabitation was no Proof of a Marriage, not would a Fleet-Register, (if it should be brought) be sufficient to convict a Man of Felony, since even in a Civil Action it would not be allow'd without other Proof. And that, in case of a Felony, it has always been insisted upon, that positive Proof be given of the first Marriage.
It was farther observed, that giving Evidence of a Cohabitation, before they had prov'd a first Marriage, is like felling a Tree at the Top. And tho' a Man's cohabiting with a Woman in an odd way, is a Crime not to be encouraged, yet it won't prove him guilty of Felony under this Act of Parliament. It was likewise urged, that the Register of a Parish is by Law an Authentick Register, and might be produced as legal Evidence, but where a Clergyman, un-authorized by Law, shall please to set up, in the Fleet, for himself, and who for Half-a-Crown will put any one's Name in his Register, it would be hard if such a Person or his
Couns. Produce the Register-Book he kept.
Barret. I can produce some of the Books, but not all. The Book I am called here to produce, is not in my keeping, - 'tis not my Book, but another Person's; I never had it in my keeping. I live in Fleet-Lane, but the Book this Marriage is in, belongs to Mr Cox, at the Hand and Pen at the Ditch side. I saw this Book at his House about 2 Months ago, and never have seen it since.
Couns. Do you know what's become of this Book ?
Barret. No: I was at Mr Cox's (he is Clerk) at the Hand and Pen about 2 Months ago, and he told me he was going out, and expected some People to come to search that Book, so he left it upon the Table, and ordered me not to let them search, unless they paid me first. Accordingly 2 Gentlemen came to search, and after they had done, I put the Book into the Beauset, and have never seen at since.
Couns. Don't you know where the Book is?
Barret. No, I don't, upon my Word, - upon my Oath I do not.
Couns. Has no Body apply'd to you about this Book?
Couns. Recollect yourself, - has no Body apply'd to you, to have this Book from you?
Barret. No, Sir, indeed: nor can I tell where the Book is.
Couns. What Books are they which you have got with you?
Barret. They are the Registers of my Husband's Marriages: I can't give any Account of the other Book.
Couns. Who were the Gentlemen that came to search the Book which we want?
Barret. I can't tell; but there was two Gentlemen came to me to enquire about the Book, in which was the Marriage with Mary Gardiner.
Couns. You mention a particular Book; what Entry was it they came to see?
Barret. They came to search for an Entry, on such a Day, and they were scrupulous about paying; at last one of them said he would pay; after which they search'd, and said they had found it.
Couns. What did he say he had found?
Barret. He said he had found the Name he wanted; but he did not mention what the Name was.
Couns. Did not you tell the Gentlemen who came to search, that the Book was your's, and that you had bought it?
Barret. No; I did not.
Couns. So, you say, you don't know what's become of that Book?
Barret. No: I put it where I found it, and have never seen it since that Time. It was Mr Cox's Book at that Time; but he is dead, and it went to his Widow: She has since sold it to other Persons, and I know not who they are. When those Gentlemen came to look at it, it was left upon the Table at the Hand and Pen, and I was desired to stay by the Book, till the Gentlemen came. They came and search'd it, after which I put it into the Beaufet; since which it has never been seen at all.
Dr. Morley was call'd, but did not appear.
Couns. Do you know the Prisoner, Hurnell?
Carrol. Yes. - About two Months before last Christmas was twelve Months, he came and looked at a Room, and said he would send a Gentlewoman, in a Day or two, to see it, and agree for it. The Gentlewoman came, and took the Room, and gave me Earnest for it.
Couns. How long did he and she remain at your House?
Carrol. 'Till about a Week before last Christmas.
Couns. Did the Gentlewoman and he lie together at your House, during that Time; and did you imagine they were Man and Wife?
Carrol. I gave Receipts for the Rent in his Name.
Couns. Mind what you are ask'd. I ask you whether you have heard him call her his Wife, or make Use of such Expressions, as made you ima gine she was his Wife.
Prisoner. You are upon your Oath.
Carrol. He used her in a very handsome Manner.
Couns. But when he has been speaking of her to you, or in your Family, in what Manner has it been? How has he spoke of her?
Carrol. He and I never changed five Words together, all the Time he was in the House. He went up Stairs, and came down, that's all.
Couns. Though you might not have exchanged many Words, yet I ask you, if you have not heard him declare any Thing about this Gentlewoman?
Couns. We are a little unfortunate, that we have not the most ready, willing Witnesses in the World. -
Prisoner. They are your own Witnesses.
Couns. But I wish some others have not had Dealings with them. I ask you whether they lay at your House?
Carrol. It was backward and forward, - I can't be positive about it.
Couns. Consider you are upon your Oath, and you must give fair Answers.
Carrol. Why they pass'd for Man and Wife, and went in one another's Name. I know no otherwise.
Couns. I ask you whether or no, during the Time they were at your House, you never heard him own her to be his Wife?
Carrol. He has ask'd for her by the Name of Mrs Arnol.
Couns. Speak distinctly.
Carrol. He said Arnol, to the best of my Knowledge. I can say no more.
Couns. But you can speak distinctly if you will.
Carrol. He ask'd for her by the Way of Arnol.
Couns. Why what's the Prisoner's Name.
Couns. Well, I see here's a bad Pronunciation, as well as a bad Witness. - Has he ask'd for her by the same Name he himself went by?
Carrol. I say he has not ask'd for her above once, to the best of my Knowledge.
Couns. But I ask you, whether he has not ask'd for her by the same Name he went by?
Prisoner. Consider you're upon your Oath.
Carrol. Why I have receiv'd Letters for Mr Arnol, I never had any Body to ask after him.
Couns. You have heard him ask for her by the Name of Arnol, and you pronounce his Name in the same Manner. Was that the Name he went by?
Carrol. She went by the same Name which he went by.
Couns. And you say they lived at your House, 'till within two Months before last Christmas was Twelve-Months; now I ask you, whether she had not one or more Children at your House?
Carrol. She had one: but I don't know whether it was a Boy or a Girl.
Couns. I hope this Child was Christen'd.
Carrol. But I did not see it christen'd, so I am not a Judge.
Couns. I ask you upon your Oath, if you did not know the Child was christen'd?
Carrol. I did not see it christened; I don't know any Thing of it.
Couns. Did it die at your House?
Carrol. Yes; to my Knowledge.
Couns. Perhaps you might be at the I uner' tho' not at the Christening.
Carrol. No, I was at neither.
Couns. Did you see the Coffin?
Carrol. I saw the Child.
Couns. But I ask you if you saw the Coffin?
Carrol. I can't say I did.
Couns. Can you say, you did not?
Carrol. I don't know, to the best of my Knowledge that I did.
Couns. How long did it live?
Carrol. Upon my Word I can't tell. I was not in the Room above half a dozen Times during their living at my House.
Couns. Why Man, can't you tell whether it lived two or three Months, or but two or three Days?
Carrol. I can't tell indeed.
Couns. Did any Persons attend it, in its Illness, as an Apothecary, or a Physician?
Carrol. Yes; there was an Apothecary, and a Physician came in his Chariot: but I don't know his Name.
Couns. Do you know it if you hear it? Was the Apothecary's Name Avery?
Carrol. I can't tell indeed; I did not hear it mentioned, nor the Doctor's Name neither. The Doctor came to Mrs Arnol, I see him come four or five Times.
Couns. Do you know the Midwife's Name?
Carrol. No, nor the Nurse's neither. I never asked them their Names, and how should I know their Names, when I never asked them.
Couns. When they went from your House, do you know whether they went?
Carrol. I can't tell. I know nothing at all of it, 'till the Day she paid me, and then she said, she was going to the other End of the Town, to live nearer at Hand with her Spouse: but he was not present at that Time.
Couns. Had you no Conversation with him about leaving your House?
Carrol. Not till afterwards. Mr Arnol came to our House afterwards, and we had two or three Words together; I told him Mrs Arnol had not given me proper Warning, and that I expected a Quarter's Rent, if I should not let the Room - I am very ingenuous, - he said, he had given her Money to pay for the Quarter that was passed. -
Couns. Who did he say he had given the Money to?
Couns. Why who did you talk of?
Couns. Did any Friends or Acquaintance come to her at your House?
Carrol. When People came, they enquired for Mrs. Arnol.
Couns. I ask you, whether during the whole Time they were at your House, she did not go by the Name of Hurnell?
Carrol. She always went by that Name, and Letters were directed to her in that Name. I took them to be Man and Wife all the Time they were at our House. They had a two Pair of Stairs Floor: there was a Closet for a Bed, and a little Parlour: there was every Thing very handsome. There was but one Bed, and she used to lie there constantly.
Couns. And did not the Prisoner lie there?
Carrol. He came backward and forward; I can't say he lay there constantly; but I have seen him go out in the Morning, and come home o'Nights.
Mr. Avery. I am an Apothecary, and knew the Woman that lived at this Carrol's House, when she went by the Name of Gardiner. I have known her seven Years. While she lived at Carrol's I visited her. She was ill, and had an Inflammation of the Bowels, and lay-in, in the Interim.
Couns. Have you frequently visited her there?
Mr. Avery. Never as an Apothecary before that Time. I have visited her since, and my Wife has likewise. I was Godfather to the last Child she had at Carrol's House, - it was a Girl.
Couns. I ask you what Name the Prisoner at the Bar called her by? And what Declarations you have heard him make?
Mr. Avery. I can say nothing to that. Mrs Hurnell requested of me to stand Godfather.
Couns. Was not the Prisoner present?
Mr. Avery. No; but he was there a little before.
Couns. Was he present at the Christening?
Mr. Avery. No; he was not; but it was with his Privity that I stood Godfather, because the Question was put to me, and she told him, I was to stand Godfather to the Child. I knew her when she went by the Name of Gardiner, and ever since I have known her, she has born the Character of a very vertuous, good Woman.
Couns. Were there any Prescriptions wrote for her in her Illness.
Mr. Avery. Yes, and Dr. Morley was the Physician: his Prescriptions were for her, in the Name of Mrs. Hurnell, with this only Difference, her Name with an E, instead of an U.
Couns. Was you paid for these Prescriptions?
Avery. Yes; Mrs. Hurnell paid me, and I gave a Receipt in his Name, to her.
Couns. Did you and your Wife visit her?
Avery. Yes, and she visited us; and since this Affair he has been at out House.
Couns. On what Errand did he come?
Avery. It was last Saturday was a Fortnight; he came and put the Question to me as thus. To ask me if I knew any Thing of Mrs. Gardiner? I told him, I did not. He said he had been at Mr. Elliot's, who is a Relation of Mrs Hurnell's, and had enquired after her, but could not hear any Thing of her; so he asked me, if I could tell any Thing of her? I said I could not.
Couns. Did not the Prisoner, when you visited her, ask you how she did? By what Name did he mention her?
Avery. He has asked me in what Manner I found her, - or how she was ill, but never by any Name: tho' I always took it, that he meaned his Wife. I have called her by the Name of Mrs. Hurnell, to him, and he has never contradicted it.
Mrs. Avery. I know the Prisoner, Thomas Hurnell, and have visited Mrs. Hurnell, his Wife (as I took her to be) when she lodged at Carrol's House.
Couns. Give your Reasons why you took them to be Man and Wife?
Mrs. Avery. Because they always seemed to live together as Man and Wife, and she said, he was her Husband.
Couns. Have you ever heard him say any Thing like that?
Mrs. Avery. I never heard him say any Thing at all. I never saw him in his Room, but twice in my Life.
Couns. Was you at the Christening of any of their Children?
Mrs. Avery. No: nor at any of her Children's Funerals.
Couns. Did they ever visit you?
Mrs. Avery. Mrs. Hurnell often did.
Couns. How was their Way of Living understood in the Neighbourhood?
Mrs. Avery. I never heard that any one took them for any other, but Man and Wife: and I knew a pretty many of their Acquaintance too.
Mrs. Avery. About a Fortnight or three Weeks ago, he came to our House, and asked if Mrs. Gardiner was there? I told him, I did not know who he meant: is she not your Wife? He said, No, and asked me if she had paid my Husband. I told him, I believed she had. Because, said he, if she has, I desire your Husband not to trust her any more, in my Name, but on her own Account, for she is not my Wife. I was but very little acquainted with him before this, but I was acquainted with Mrs. Hurnell some Years before, and since she was married. She went by the Name of Gardiner before, and was a very modest Woman, as any one would say that was to see her. She was a sober, modest, fedate Woman, and I never heard otherwise:
Couns. Do you know of any Children being born?
Mrs. Avery. Yes, two: and I took them to be Mr. Hurnell's, they are both dead. One of them I saw, and as sine a Boy it was, as ever I saw in my Life.
Couns. Did you see the Coffin?
Mrs. Avery. No, neither of them. It was the first Child which I saw; it was brought to my House by 2 Nurses and the Mother to shew me.
Couns. Did you know any Thing of her after she left Carrol's House?
Mrs. Avery. Yes, for in her deplorable Trouble, she came to give me an Account of it.
Couns. You call her Mrs. Hurnell, how came you to call her by that Name?
Newbury. She came to me by that Name, when she was with Child, and directed me to enquire for her by that Name.
Couns. Have you ever seen the Prisoner at these Lodgings?
Newbury. Yes, several Times during her Indisposition, and he always treated her, in a very handsome, tender Manner, - as Gentlemen treat their Wives.
Couns. Did he call her by any particular Name?
Newbury. No, he did not call her by any Name, but he used her in a tender Manner, and desired me to take Care of her.
Couns. By what Name was the Child christened?
Newbury. I was not at the Christening, nor at the Funeral.
Jane Ayres . I know the Person whom they formerly called Mary Gardiner, but I did not know her by that Name. I kept her when she lay-in by the Prisoner, at Carrol's House. I know the Prisoner (Hurnell) very well: he used to come sometimes three Times a Day to visit her.
Couns. Did he call her by any particular Name?
Ayres. I can't say that: but he would come and say, - how does she do now? He never called her by any Name, nor do I remember he ever called her his Wife; but he gave me a great Charge to take care of her, and one Night, he gave me a particular Charge about her. I know she went by his Name.
Couns. Do you remember the Funeral of the Child?
Ayres. Yes; I ordered the Coffin myself. It was a Girl, and I went to the Undertaker's and ordered the Name Anne Hurnell to be put upon it. This was the second Child: the first I know nothing of.
Rachel Carrol . I am the Wife of John Carrol ; I know the Prisoner: he came himself to see a Room at our House: I had not Opportunity to shew him the Room he afterwards had, but my Husband shewed him a lower Room of the same fort. About three Days afterwards, Mrs Hurnell and a Relation of her's came and took it, I think it was the 3d of November. last was 12 Months. It was one Apartment, only there was a Place for a Bed in it.
Couns. Who lay in it?
Carrol. It was for two Persons, to be sure.
Couns. Did you ever see the Prisoner a-bed?
Carrol. No: but he used to come in almost every Night, between 7 and 8.
Couns. Have you seen him go away again o' Nights.
Carrol. I can't say I ever saw him go away again o'Nights; but I think I saw him once go away in the Morning.
Couns. By what Name did he call her? Or how did he address himself to her?
Carrol. I can't say he ever asked for her as he went up, or down, our Apartment lies so, that we seldom saw one another.
Couns. Did he come Home, and ask for her when she was abroad?
Carrol No. The Morning she was brought to Bed, I met him coming up Stairs, and he said, - pray how does my Wife do! I told him, she was more likely to die than to live. This was when she lay in of the last Child, which was a Girl. I never heard him call her Wife, but that Time. Visitors indeed have asked for her by the Name
Silisia Pitts . I know the Prisoner; Mrs. Hurnell his Wife, is a Neice of mine: her Maiden Name was Mary Gardiner. Before the Prisoner and she were marry'd she lodged with me, and Mr. Hurnell visited her, every Night, with a great deal of Respect. Soon after they were marry'd, I was taken ill, so I sent for her to come and be with me. -
Couns. Do you know that they were marry'd?
Pitts. She declar'd they were marry'd, and I saw him soon after I understood they were marry'd, and I wish'd him Joy of his Wife; he accepted it, and bowed and thanked me. This was about last Michaelmas was 3 Years. I was telling you, she was with me, while I was ill, and the Nights she did not stay with me, he always came and fetch'd her Home.
Couns. Well, pray what did he use to call her?
Pitts. I can't say I ever heard him call her any Thing, but Polly and my Dear.
Couns. Did you use to visit them?
Pitts. Yes; I visited them as Man and Wife; they cohabited together, and I believed them to be Man and Wife. I judged so from his Behaviour, for he seemed to be very tender of her.
Couns. You are related to her, pray has she any Sisters?
Pitts. Yes, 2 or 3, but I never saw any of them in the Prisoner's Company: She has a Mother likewise, but she lives at Birmingham.
Mrs. Powel. I know the Prisoner, and likewise Mrs. Hurnell. I have known Him, ever since he was marry'd to Mrs. Hurnell, or Mrs. Gardiner. I always thought they were marry'd, and they always appeared as Man and Wife.
Couns. Have you ever heard him call her his Wife?
Powel. I never heard him call her Wife; he used to call her Polly, and My Dear. They always behaved well, and he always used her like a Gentleman. I visited them very often after the Marriage, and always took her to be his Wife.
The Counsel for the Prosecution were about to prove, that this Mrs. Hurnell [or Gardiner] was now living, but the Counsel for the Prisoner admitted it.
Prisoner. I am innocent of the Fact they charge me with.
William Watts . I live in Greville-Street, Hatton-Garden, and am a Peruke-Maker, I know both the Prisoner, and Mary Gardiner; she lodg'd near two Years in my House, and during that Time, I did not take her to be any Man's Wife. She came to live at my House about October or November, in the Year 1736, and continued there about two Years; in all which Time I had no Reason to believe she was marry'd to the Prisoner, nor did he ever call her any Thing but Gardiner, nor did I ever hear any one in the House call her any Thing else. The Prisoner used to come after her, and ask for her by the Name of Gardiner, and by that Name he had Admittance to her. She never pretended to me, nor to any one in my Hearing, that she was marry'd.
Couns. Did you never see any Letters, which were directed to her at your House, by the Name of Hurnell?
Watts. I never saw any.
Couns. And was she never call'd by the Name of Hurnell at your House?
Watts. There was some few People came after her, and ask'd for one Mrs. Hurnell, who lodged up two Pair of Stairs, and I told them I knew no such Person, - but there was one Mrs. Gardiner, I told them. I afterward told the Prisoner of this, and he seemed surpriz'd, and charged me, if any People came to ask for her by that Name, to tell them there was no such Person liv'd there. He was surpriz'd when I told him People ask'd for her by the Name of Hurnell.
Couns. Did none of their Relations come to visit them, as Man and Wife?
Watts. Never as Man and Wife: they never kept a Table together as Man and Wife, nor did they ever talk of going to visit Relations.
Couns. Did not the Prisoner lodge there too?
Couns. Did he never lodge there?
Watts. I don't know that he did. - I believe he may have lodg'd there all Night, but upon my Oath I never saw them together.
Couns. Why did she not lie-in at your House?
Watts. I believe she did; but I don't know who visited her: Mr. Hurnell visited her then, as he did at other Times, and ask'd for her by the Name of Gardiner.
Couns. So tho' you did not take her for a marry'd Woman, yet you permitted her to stay at your House, and Hurnell to visit her.
Watts. Why, indeed, I did not take her to be a marry'd Woman, for Mr Hurnell told me he had Lodgings at an Apothecary's behind the Change. He was my Customer, and I have sent my Man there for his Wig. 'Twas at one Mr Maddox's in Throgmorton-Street. I am far from
John Wynne . I was Mr Watt's Journeyman; and remember Mary Gardiner's lodging at our House. I liv'd with Watts above twenty Months; I came to him in April, - I can't tell the Year; and it is about a Twelve-month ago since I left his Service, in December. She had liv'd there before I came, and was in the House while I continued with Watts; but she went away about a Fortnight or three Weeks before me. During this Time, she went by the Name of Gardiner, and no other, as I know of. Mr Hurnell is a Customer of my Master's; I never took her to be his Wife; it was never suspected she was so, but always to the contrary. If she had been his Wife, I should have known it. - She was always enquired for by the Name of Gardiner.
Mary Wynne . I don't remember the particular Time when Mrs. Gardiner lodged at Watt's; but his Servant, and one Mrs Scriven's (who likewise lodged in the House) being both my Acquaintance, I visited them while Mrs. Gardiner liv'd there, and I have heard them call her Mrs. Gardiner. If she had gone by any other Name, I should have known it.
Margaret Ellis . I knew Mrs. Gardiner while she lodged at Watts's: She was there about 2 Years, and went by the Name of Gardiner; if she had gone by any other Name, I should have known it, for I lodged 3 Years in the House. I knew her when she lived at Carrol's, and she there went by the Name of Gardiner: I have asked for her at that House, by that Name, and a Boy has told me, she was above Stairs. I never knew she was marry'd in my Life.
Mrs. Cooper. I had a Child to nurse, from Mrs Gardiner, in the Name of Mary Gardiner. I had it 8 Months, and it has been dead a Year, and as much as since last Hay-time. It was christened by the Name of William Gardiner.
Mr Cooper. I knew Mrs. Gardiner when we took the Child to nurse. My Wife received it by the Name of William Gardiner. I was at the Christening, and stood Godfather; it was baptized by the Name of William Gardiner.
Mr. Ingram. This is the Register-Book of Aldersgate Parish. I believe there is an Entry made of the Christening of a Child of Mary Gardiner, on the 4th of January 1737. The Child was baptized at our Church, on Sunday after Afternoon Sermon. I could not tell whether the Name was Garner, or Gardiner, so I entered it into the Book by the Name of William Garner. The Entry was read. '' Register of all the Marriages, Christen. '' ings and Burials, in St Butolph Aldersgate. '' Christenings, January 1737. Jan. 4. William, '' Son of William and Mary Garner.
Mr Cooper. The Child was brought from our House at Walthamslow, to their Lodging in Greville-street, and was christened in Aldersgate Church, by the Name of William. It's Sirname was Gardiner. The Mother was there at the same Time, and I don't remember any Dispute about the Name.
The Prisoner's Counsel offer'd to call Mary Gardiner in his Behalf, but it was not permitted them. Acquitted .
133, 134. William Snowd and Joseph Wells were indicted for assaulting Robert Hull , on the King's Highway, in the Parish of Heston , putting him in Fear, &c. and taking from him 7s. in Money , December 19 .
The Witnesses at the Prisoners Request were examined apart.
Mr. Hull. On the 19th of December, I was coming over Hounslow-Heath , in the Hillendon Stage-Coach, between 2 and 3 in the Afternoon, and 2 Men came up to the Coach and robbed us. They asked us for our Money, and took 7 Shillings from me. The Henley Stage-Coach was robbed just before us, but what they took from thence I can't tell. I can't swear to the Prisoners, because they had Paper-Masks on their Faces; but 2 Gentlemen's Servants being hunting on the Heath, I sent them after the Men who had robbed us, and the 2 Prisoners were taken, and they say, they are the same Men.
Snowd. What Sort of Cloaths had the Men on who robbed you?
Hull. One had a white Coat on, and the other a brown one. Snowd (I take it) was in the white Coat, and Wells in the brown. I kept them in Sight about 10 Minutes, and sent these Men after them; but I did not keep them in View till they were taken; most part of the Time I did, and saw that one of them was on a brown Horse, and the other on a grey Gelding. There were other Coaches behind us, 4 (I believe) in all, and I saw them go to them. The Reading and Henley Coaches were robbed at the same Time. - This is the first Time I have seen the Prisoners since the Robbery was committed, for after we were robbed, we went on, in the Coach; therefore I can't swear to them; and that's all I have to say.
Snowd. Then I presume he knows neither of us, but by Hearsay. He knows not which is Snowd, nor which is Wells. In the next Place
Hull. Yes, 2 Gentlemen, and 2 Gentlewomen. They did not rob the 2 Women, but they robbed the other 2 Men.
Prisoners. Were the Men who robbed you, in Sight, when the Gentleman's Servants came up to you?
Hull. Yes; they were then both in Sight, and I told them I had been robbed by those two Men.
Snowd. Did you see the Huntsman when you was in the Coach?
Prisoners. What Part of the Coach did you fit in?
Hull. I sat on the Left-Hand Side; with my Back to the Horses: I was coming to Town, and there was one Coach before us, and another behind. I did not see them rob the first Coach, but I put myself out of the Coach, and saw them rob the other Coaches.
Snowd. And were the 2 Persons, who robbed the other Coaches, pursued immediately?
Hull. Yes, they were pursued directly. I only speak to the Gentleman's Servant who rode away for Arms, and then he pursued them directly: He was not gone above 10 Minutes for Arms.
Wells. But in those 10 Minutes, did not you lose Sight of the Men?
Hull. Yes, a little; but not much.
Prisoners. Did you describe the 2 Men to the Gentleman's Servants?
Hull. They were in Sight of them, and saw 'em themselves.
John Harding . On Wednesday, December 19. I was going to my Master Bulstrode's, (I am his Servant) over Hounslow-Heath, - He lives at Hounslow, - and as I was going to his House, I saw 2 Men ride by me into Colibrook Road, and to a Place called Butcher's Grove. The one was on a grey horse, the other on a brown.
Snowd. What Distance were the 2 Men from you, when you saw this?
Harding. About 200 Yards from me, when I saw them first: after which they went into the Road, and stopped a Coach; I can't tell whether it was the Bath, Bristol, or the Reading Coach; but I knew the Man who drove it, his Name is William Moore . The second Coach they stopped, was the Heuley Coach. They stopped one Coach first, then they went to the second, which was the Henley Stage Coach, and stopped that. After this, they rode away from the Coaches, some Distance out of the Road, and went forwards. I went on likewise; but the Passengers in the Coaches halloo'd to me, and beckon'd to me, to come to them. When I came up, Robert Hull looked out of the Henley Coach, and said he had been robb'd of his Money, by two Men, and desired me to pursue them, and take them. I said, It signifies nothing to pursue Men, and have no Arms; but they told me, if I would ride away, and get Arms, they would stand still, and tell me when I came back which Way the Men went. While I was talking to them, I saw the 2 Men ride up to a third Coach, and stop it. Upon this I rode to my Master's House, (which was then within Sight) and a Servant being in the Yard, I desired him to bring me a Gun, which hung up loaded over the Kitchen-Chimney. The Man brought me the Gun, and took my Master's Mare, and a Blunderbufs, and came along with me. He was the first Man who came up with the Coaches, for I did not stop; I had so much Sight of the 2 Men when they did the Fact, that I thought I should know them and their Horses, when I saw them again. But the People in the Coach told my Fellow-Servant, they were gone round a Hedge call'd the Bavers, and that they were about a Quarter of a Mile before. There were at this Time four Stage-Coaches, and one of Mr Paris's together, but I went on, without asking any Questions, because I had seen the Men, and I knew the Horses so well, that I could be positive to them, (if I should see them again) without any Direction. So I rode round the Bavers, and a Shepherd told me, the Men were just gone before me. He thought (I suppose) they had done some Mischief by seeing us ride hard with Guns. When I was got out upon the Heath, beyond the Bavers, I found I was beyond the Prisoners, therefore I turn'd back again, and met some Servants of my Lord Berkeley's, who told me the Men were gone down a Nine-pin Alley, and over the Stile. When I came to the Stile, I could perceive the Track of their Horses over the Stile, into Harlendon Field; so I rode along the Outside of the Field, which joins to my Lord Berkeley's Park, and came to the Park, where there is a Pannel in the Pales, which may be listed up; but that being lock'd, and the Gate likewise, the Prisoners were obliged to take the Foot-path to Harlendon, and go over a Stile, by Mr Bright's Dog-kennel. When we came to Harlendon, we enquired if any Body had seen 2 Men ride that Way, one on a grey, the other on a brown Horse? and at Dawley Lodge a Man told us, they wereLord Bolingbroke : So we pursued them down the Lane, and were told by a Man, who was driving a Farmer's Cart, that they were just before us. We went on till we came to Hillendon; and at a Smith's Shop, we saw the 2 Prisoners stand at the Heads of their Horses, to have a Shoe put on, and Cloths were thrown over the Horses Backs. I got up first, and knowing the Men and Horses, I turned from the Shop into a hollow Way, 'till my Companion came up. Then we got off our Horses, and while we were dismounting, the Prisoners whipp'd out at the Smith's Back-door: I cry'd out, - '' Gentlemen, if you offer to go '' away, I'll shoot you: - You have robb'd '' such and such Coaches.'' Upon this they turn'd back, and came through the Smith's Shop again, and would have got into the Smith's House, but we went up to them with our Gun and Blunderbuss, and told them, If they did not surrender, or if they offer'd to shoot, we would let fly at them. Wells immediately surrender'd to my Fellow-Servant; but Snowd ran away, and got through a little Wicket, into a Garden: But as he was getting over the Garden-Pales, into a Field, I up with my long Gun, and said I would shoot him as he ran. He turn'd and begg'd I would not shoot him, and so he surrender'd. After which we had them both into the House, and carry'd them into the Kitchen, where great Numbers of People (near Fourscore) came into see them; so we had them into a private Room while their Horses were shod; and my Horse had likewife thrown off 2 Shoes in the Pursuit. While we were in this Room, I gave them the Liberty to go before what Magistrate they pleased: They chose to go before my Master ('Squire Bulstrode) at Hounslow, and Snowd said, he with'd he had thrown away his Pistol; for I had taken it from him. This is the Pistol, and this is the Ball that was in it; it was charged with Powder and Ball. My Fellow-Servant took a Pistol from Wells, and discharg'd it against a Brick-Wall, and the Impression the Ball made remains there now, if nobody has destroy'd it. As they chose to go before my Master, we put them on their own Horses, and carry'd them thither, and in my Master's Yard we charged a Constable with them, and they were examin'd by my Master; but as to any Confession they made, I know nothing of it. While we had them in the private Room, one of them said, in the Hearing of the other, - '' He wish'd we had shot them, for he was sure '' they should be hang'd.'' But I don't remember which of them it was said this, nor what Reply the other made to it. They both cry'd very much.
Prisoners. From the Observation you made, can you take on you to swear we are the Men who robbed the Henley Coach?
Harding. 'Tis hard swearing to their Faces, but I can swear to the Horses, and the Cloaths the Men had on. The Persons we took had the same Cloaths on, which the Men had who robbed the Coach: and I am positive to the Horses.
Prisoners. At 200 Yards distance, can you take on you to swear to Horses, and Cloaths?
Harding. Yes: for they did not ride fast, they walked their Horses, when they first went before me. And at the same Time when the third Coach was robbed, I was a great deal nearer them.
Wills. Did not I live in the Neighbourhood, and did not you know it was me, when I rode by you?
Harding. I believe he did live in the Neighbourhood; but I can't say, I knew it to be him, at that Time. These are the Cloaths they had on when they were taken. This is the Coat that Wells wore, and by the same Token here's the same Handkerchief in the Pocket, which I lent him at the Smith's House, to wipe his Eyes. This is the Coat which was upon Snowd.
Hull. These are the same Cloaths the Men had on, who robbed me.
Harding. I can't say the Men were in sight when I came up the second Time to the Coaches. I can't tell whether they were or not. The People said, - there go the Men, and they turned round an Elbow of a Hedge. I never stopped to ask the People in the Coach any Questions.
Richard Ball . On the 19th of December, John Harding came home to Mr Bulstrode's, and told me two Men were robbing the Coaches upon the Heath. He said, he had seen them rob two, and they were stopping another when he came away; so he desired me to get him a Gun, for they were but badly mounted, and he believed he could take them. A Servant in the Yard ran in, and brought him a Gun, and me a Blunderbuss, and we went on directly about one fourth of a Mile on the Heath to the Coaches which had been robbed, and which stood still waiting for us. The People (in the Coaches) called out to us, and said, - There are the Men, and they are going round the Bavers. The Coachman upon the Box could see them, but I could not, because of the Bushes upon the Heath. We followed them round the Bavers, and before we had gone a quarter of a Mile round the Hedge, a Man who was picking Turneps told us, the Men
Snowd. I ask him whether he's sure it was I, who said, I am sure we shall die?
Ball. Yes: he said so when he asked Wells to lend him his Handkerchief. I had some little Knowledge of Wells before, but not any Acquaintance with him; I never knew any Thing ill of him, before.
William Martin . I pursued them, for the Good of my King and Country, as well as Harding and Ball, and went after the Prisoners, when the 2 Witnesses went first on the Pursuit; but I was upon a Coach-Horse, so I could not follow them over Ditch, and over Hedge, as they did; therefore I quitted my Horse at Cranford-Bridge, and followed them to the Place where they were taken. I did not see them before they were taken, but I followed them by the People's Directions, and heard Snowd say, 'tis a very unfortunate Thing, that we are
Snowd. I absolutely deny I was on the Heath that Day: and that's the first thing I have to say. In the next Place, I humbly presume none of them have sworn that we are the very Men who robbed the Coaches, and that they have spoken but circumstantially. There were no Masks found on us, and I absolutely deny the Fact. As to Harding's swearing I went over a Stile, - I had been very ill; and had not had a Stool for 5 Days before, and having taken something to open my Body, I went out of the Way to ease myself in a Hog-sty. Then as to the circumstance of the Pistols, I never rode without them. I had a 20 l. Bank Bill, and 3 l. in Money about me, and was then going to sup at Mr Sergeant's, at Uxbridge: and the Pistol Wells had, was a Pistol which has belonged to his Family several Years: and very good People travel the country with Pistols. And I might say I wished I had thrown my Pistol away, because of the Scandal; for to be sure it would put an innocent Man into an Agony, to have such a charge upon him. But then there is a great Variation in the Evidence: for Hull swears that 2 Men came up to the Coach, and that he sent 2 Men to pursue them directly. Ball was at Home; and Hull swears they were both there. Harding went Home to Mr. Bulstrode's for Arms, and brought Ball with him; how then could they pursue us directly.
Harding. I was in Sight of my Master's House when the People in the coach told me they were robbed, and they stood still till Ball and I came back from thence.
Snowd. As to the white Coat, there are very few People who do not wear white Dussel Coats.
Peter Hardcastle . The Day before the Prisoners were apprehended, Wells hired a Horse of me to go to Rumford. He hired it on the Tuesday, and on the Wednesday Morning he had it, which was the Day he was taken. I had seen him once before that Time.
Benjamin Dove . Wells hired 2 Horses to go to Rumford, but I can't tell the particular Day. One was a brown bay Horse, with a bald Face, which he hired of Mr Hardcastle. I heard of the Robbery, but I can't swear it was on that Day. He had a brown coat on at that Time, but I can't swear this is the same.
Hardcastle. Wells was in a brown Coat when he hired my Horse, but I can't swear this is the same.
Snowd. Wells hired the Horses to go to Rumford, and desired me to take a ride with him; but I desired him to ride another Way.
Edward Cole , William Wingfield , William Deane , William Passingham , Benjamin Bennet , John Darvson, David Bennet , Lancelot Hall , Henry Pemberton , Robert Jones , John Carr , and Richard Turner , spoke to Well's Character. Many of them had known him from a Child, and said he had been well educated; that he was a well behaved Man, and had served part of his Time with Mr Roberts, an Apothecary, and they did not believe he would be guilty of such a Crime.
Cornelius Edwards , Thomas Thompkins , John Lloyd , James Base , Thomas Dent , Elizabeth Rayner , Peter Stanton , and Whiston Bristow , had known Snowd a different Number of Years; they said he was brought up as a Surgeon by his Father, and they never heard of his having behaved ill. Some of the Witnesses having entrusted him, they found him honest, and said they should be under no Apprchen sion of being wrong'd, tho' they should trust him again. Both guilty , Death .
135, 136. Sarah Burges and Ann Hill were indicted, (with Ann Holloway not taken) for assaulting George Moody , in the Dwelling-House of Sarah Burges , putting him in Fear, &c. and taking from him a Hat, val. 6 s. a Cane, val. 1 s. a Silk Handkerchief, val. 1 s. a pair of Gloves, val. 1 s. and 4 l. 6 d. in Money , December 10 .
George Moody . I came out of the country, 20 Miles off, and on the 10th of Dec. about 4 or 5 o'clock, I came from my Son's in St Giles's. I had desired him to shew me the Way to Lincoln's-Inn, but he only directed me down this Lane, ( Drury-lane ) and when I came to the Globe Tavern -Door, there were 3 Women standing there. I asked them the Way to Lincoln's-Inn? One of them took hold of me and said, - This is the Way; and they carry'd me to the farther End of the House. I told them, I thought it had been a Thorough-fair; No, said they, but we must have a Glass of Wine before we part. I refus'd to have any Wine, and said I would not drink any, for I had no Money to pay for Wine. Nan Hill said, she would find Money. Sarah Burges , (the Woman who keeps the House) Nan Hill, and Nan Holloway were then present; and Hill fell immediately to rifle my Pockets, while Burges and Holloway held me down in a chair. This was done in a Back Room, the farthest from the Street: and they took from me the things mentioned in the Indictment. - 4 s. 6d. in Money, a Handkerchief, and a Bundle of Writings which were
Prisoners. What did you drink in the House?
Moody. Burges told me 4 Pints had been drank, but I don't know what became of them, I don't know that I saw any one of them. I believe I might drink one Glass, and I believe that was all, - I can't be positive. They left me 3 penny-worth of Halfpence in my Pocket, and that was all. With this Money I went over the Way to a publick House, and called for a Pint of Beer, and asked the Names of the People at the Globe over the Way, but they would not tell me, and made me pay the Three-Pence (the others had left me) for the Pint of Drink. The next Morning I went to Burges, to ask her for my Writings; but she call'd me old Rogue, and told me there were 3 Pints of Wine to be pay'd for. Why, says I, you serv'd your selves; what Money I had, you took from me; but I could not get my Writings, so I went and got a Warrant for them; and 2 or 3 Days afterwards I sent 3 Men to the House, and desired them to call for Wine, and Women, and I would come (I said) and surprise them with a Constable. The Men went thither, and had each of them a Woman, but when I came, I found they were not the Women who had robb'd me.
Burges. How long after this was it, before you took us up?
Moody. I went the next Day to enquire for my Things, and took out a Warrant for them the next Day, but I could not take them presently, for they all kept out of the Way; and I live in the Country, and could not stay in Town. Beside, Burges desired me to stay a Week, before I put the Warrant in Execution, that she might find out my Things, and accordingly I did.
Burges. Did you pay no Money that Night towards the Reckoning?
Moody. No; I had no Money to pay any Reckoning with.
Moses Moody . My Father call'd upon me when he came up out of the Country, and after he had stay'd about 2 Hours with me, he ask'd me which was his nearest Way to Lincoln's-Inn ? It might be then about 4 o'Clock, or a little before. I live in Belton-Street, so I directed him to Long-Acre, and a-cross Drury-Lane to Princes-Street. The next Morning he told me, he had been robb'd at the Globe in Drury-Lane, and desired me to go with him to the House. When I came there, Burges was in the Bar, and she abused us, and called him old Rogue, upon his asking her for the Things she had taken from him. She said he had taken his Things away himself; but I told her I would get a Warrant for her, and for the People who had been concerned in the Fact; and accordingly I went in order to get one, but not knowing all their Names, it was to no Purpose. So I went back again to Burges, and she sent for Hill and Holloway, and told me their Names, and then I got a Warrant: I had desired them to let me have the Writings, else they would all come into Trouble. Hill said, she had given my Father the Writings again; but Nan Holloway told me, before Burges's Face, that Burges kept them for a Halfcrown Reckoning: though Burges said she had them not, nor knew any Thing of them. When the Warrant was taken out, they sent for me to the Nag's-Head-Tavern, in Prince's-Street, where I found Burges, and she desired me to stop the Execution of the Warrant, and said, perhaps she might get the Writings again.
Burges. When you came the next Morning, did not I tell you the other Womens Names?
Moody, jun. I had some Words with her, and told her the Justice said, if she would not tell their Names, he would send for Her. I knew her Name; it is under the Sign of the Globe.
Burges. Pray what were these Writings?
Moody, sen. There was a Bill of Sale for 60 l. and a Note for 20 l.
Burges. Moody came into the House, and asked for a Pint of Wine, I was very ill at the same Time. - He went into a Room behind the Bar, and said he wanted to drink with a Woman [Holloway] who was with me in the Bar. She went to him, and they had a Pint of White, and a Pint of Red, and after this they had 2 Pints more, and when he went away he paid me half a Crown, and told me, if he was alive and well, he would come again, and pay me the other Eighteen-Pence. As for my Name, it has been wrote under the Sign, ever since I left off keeping a Brandy-Shop. When he came to me, he desired me to advertise the Writings, and said I should be at the Expence of it; and accordingly his Writings were advertised three Weeks in the Papers; and when the Justice sent for me, I went to him, and came back again
Moody, jun. When they sent for me to Graham's, at the Nag's-Head in Prince's-Street, they desired me to advertise the Writings, and Graham desired me to write the Advertisement my self. While I was with them at this House, I sent a Letter to my Father, to know what I should do; but he did not come to me before next Morning, and then he said, he did not care what they did, so he had but his Papers again. They told me, if I would write the Advertisement, they would be at the Charge of publishing it. My Father knew nothing of my Writing the Advertisement, for he was out of Town.
William Norman . I am a Journeyman Bricklayer, and my Master's Name is Ridge. I was at work that Evening in Colson's Court, and my Master ordered me to wait for him when I had done Work, at the Bar of the Globe-Tavern. 'Twas on Monday the 10th or 11th of December, and I remember I went thither, and looked at the Clock, and saw it was between 5 and 6 o'Clock. Mrs Burges told me, I might as well sit down by the Bar-Fire; so I went in, and Hill and another Woman came in, and Moody followed them. Moody said, Pray don't let me disturb you; I said, No, you don't disturb me, and so I went and sat down in the Bar. Burges carry'd them in 3 Pints of Wine, and when she had carried in the third, she told me, she believed she should lose some part of her Reckoning, for the Man (said she) has but half a Crown in his Pockets. When he came out, he asked her her Name; she told him, her Name was at the Bottom of the Sign; so he went out, and said he would call again, and pay her what he had left to pay. He followed the Gentlewomen into the House voluntarily, and not as if he was enquiring his Way. He was in the House about an Hour with the Women, and seemed to be a little in Liquor, but did not say one Word, either pro or con, about being robb'd, when he went away. I stay'd in the House 'till within a Quarter of 12, and supp'd with Burges upon Sausages; and no Man came into the House, from the Time he went out, to my going Home.
Mary Broderick . I have been a Servant to Burges upward of 7 Years. I remember the Time when Moody came into our House, Hill came in with him, and no body else*. They went into the Parlour, where Norman the Bricklayer was sitting, and drank 2 or 3 Pints of Wine, which Moody called for himself.
* See Norman's (the Bricklayer's) Evidence.
Burges. Was any Force made Use of toward him?
Broderick. No, none at all. He came forcibly in, without asking any Questions, and Hill was with him. Our House is no Thorough-fair: but he did not pretend to want a Thorough-fair: he stay'd about an Hour, bid us good Night, as then went away very friendly and kindly ask'd my Mistress her Name; telling her, call again and pay her, the next Time he Town. I did not see any Money pay'd, be sure he pay'd half a Crown, for my M Burges would not say it, if he had not. I am Servant there, - my Business is sometime above, and sometimes below, - well, I am Cook who and I am sure there was no other Woman made Company that Night, but my Mistress, and the Prisoner Hill. There was no one else in the House, but this Norman, and another Servant, at that Time.
Margaret Nokes . I live at Burges's, at the Globe-Tavern, and when the Countryman came in, I was sitting in the Back-Room with her and Norman. He came in with Nan Hill and Nan Holloway, and did not ask the Way to any Place, but called for Wine, and they had 4 Pints; and when he went away, he said nothing, but only wish'd my Mistress a Good-Night. - I can't tell whether he was drunk or sober, - I take it he was a little in Liquor.
Burges. If there had been any hauling him, and holding him, while his Pocket was pick'd, should not you have heard it?
Nokes. He did not complain of it then. But next Morning he came and ask'd my Mistress, if he had not left a Bundle of Writings there? She told him no, - but he had left Eighteen-Pence to pay. Upon which he told her, that he had no Money at all about him when he came in there over-Night, so (he said) he could not have paid any Thing. He came indeed the second Time the same Day, and then he said he had been robbed.
Sarah Clayton . I happened to go that Night to see what a-Clock it was, by Mrs Burges's Dial. Just as I was at the Door, the Countryman came out, and trod upon my Toe. He asked my Pardon, and said he hoped he had not hurt me; no Sir, says I, if you have not hurt your self. Then he turned about and said, your humble Servant, I wish you a good Night. After this I went across the Way to speak to a Woman, - I do not know her, but I take it she keeps a publick House, and
Alexander Watson . All I know of the Matter, my Lord and Gentlemen of the Jury, is this. On Tuesday I saw this Moody walking about our Court, with his Hat on; - I live in Windsor Court over against Mrs Burges's. - Says one of my Neighbours, that Man has been walking here this Hour. What's the Matter with you, Friend, says I? Why says he, I have been out late, and have lost some Papers of some Consequence to me. Where was it you lost them? I was over the Way at the Globe (says he) and at 2 or 3 more Places; but I don't know where I lost them. I asked him if he had left any Money? No, he said he had none to lose. Can you recollect, says I, whether the Woman of the House took any Money from you? No, said he, she did not. Well, says I, I'll go over the Way and ask her. I did so and she said she knew nothing of his Papers. When I came back, I saw this young Fellow (Moody, jun.) walking with him; and I told them the Woman of the House knew nothing of them, but she said he had left Eighteen-Pence to pay. Why, says the old Fellow all we want is to know her Name, then we shall do very well, for she has Money enough; and he told me likewise, that I was one of them, and that we were all alike. - I was an Upholsterer by Trade, but I am an Officer now.
John Lawley . I keep a publick House; the Sign of the Greybound, over against Burges's. This young Man came into my House, and the old one followed him. The young one asked if a Man had not left a Hat, Cane, and Papers there last Night? I said not as I know of, but I'll call my Wife: And the old Man told her, he believed he was a little in Drink, and left a small Matter to pay. My Wife told him no, he had left nothing there. Then, says he, I am not positive, but I am sure I left them somewhere hereabouts. I won't accuse you, for I don't know where they were left.
William Lorrington . I have known Burges 8 or 9 Years; I have worked for her, and she has paid me honourably. I have been in her House abundance of Times, - I have been there late, and have been used well, and with good Manners indeed. - I do not know Hill.
William Raven . I keep a Turner's Shop within 3 Doors of Burges: I have known her about 8 or 9 Years. What Goods she had of me, she always paid me for. I can't say I have heard of her being a Pick-pocket.
The Jury acquitted the Prisoners.
137. + John Lineham was indicted, (with Teddy Brian , Henry Smith , and John of Gaunt, not taken) for assaulting David Patten , Esq; on the King's Highway, putting him in Fear, &c. and taking from him a Cane with a gold Head, val. 5 l. 5 s. November 4 .
The Witnesses, at the Request of the Prisoner, were examined apart.
Mr Patten. On Sunday the 4th of November, between 6 and 7 in the Evening, under the Arch at the Bottom of Earl's-Court, by Bow-street in Covent-Garden , I received a Blow, on the back-part of my Head, with something very heavy, which sunk me on my left Knee. As I endeavoured to rise, I had a second Blow, which laid me flat upon the Ground. Upon attempting to rise again, I had 2 Blows more. I was very much stunned with the first Blow, but I endeavoured to ward off the other Blows, with my Cane, before I fell down. As I got up, I had a Blow or 2 more, and my Cane was forced out of my Hand: it had a gold Head of about 5 Guineas value.
Prisoner. Was it a wrought Head, or a plain one?
Mr Patten. A wrought Head. - I endeavoured to draw my Sword, but my Right-Hand was so disabled, by warding off the Blows, that I could not draw it. It was exceeding dark, and I could see but one Man, who appeared in a Sea-Man's Jacket and Trowsers. I got up to Bow-street, and called out Thieves! Murder! And several Chair-Men standing at a Coffee-House Door at the Bottom of Earl's-Court, went after them; they could find no-body, but they brought me my Hat, which they said was lying in a dark Place, and it seems was not carry'd off.
Prisoner. What Cloaths did you wear that Night?
Mr Patten. This very same brown coat, which I have on now; this Wig, and this Hat.
Prisoner. Was it not under the Roof of a House?
Prisoner. Was it a dark, or a clear Night?
Mr Patten. It was a clear Night; but the Moon was then under a Cloud, and I was in a dark Place.
James Thompson . About 13 Weeks ago, or something better, I, and the Prisoner, Henry Smith , Teddy Brian , and a hump-backed Boy, who goes by the Name of John of Gaunt , went out from Mrs Lambert's, in Parker's Lane, to the 2 blue Posts, near Drury-Lane, -
Prisoner. Speak out, I cannot hear him swear my Life away.
Thompson. We went from thence round Covent-Garden, and coming up Bow-street, we saw a Gentleman, near the End of Earl's-Court; he was coming out of the Court between 7 and 8 in the Evening. Teddy Brian went after him, and gave him a Blow with a Bludgeon, which he carried under his coat: and he afterwards gave him several other Blows about the Head. I, and Henry Smith were at the same Time, on the other side of the Way, about 6 or 8 Yards off.
Prisoner. Was Brian before the Gentleman or behind him?
Thompson. He was behind him when he gave him the first Blow, and then the Gentleman turned about, and defended himself with his cane, but Brian gave him several Blows after that, and at last he fell: whether it was by a Blow or a Slip, I can't tell. As soon as the Gentleman fell, Brian snatched his cane out of his Hand, and then he recovered himself a little, and drew his Sword; upon which Brian ran over to us, with the cane in his Hand. The Prisoner stood by Brian while he was attacking the Gentleman, with a Bludgeon in his Hand, to assist him in case any Body should come by. It was agreed we should all be ready in case of any Resistance. After this, we all went to Mrs Lambert's; and in the Fore-room we agreed, that the Prisoner and Smith should offer the cane to her. Accordingly they carried it to her, in the Backroom, while I, Teddy Brian, and John of Gaunt, waited in the Fore-room. We agreed they should ask her a Guinea for it, but they came and told us she offered no more than 7 s. for she said the Head was only washed over. At first they said, they would not take the Money she bid, but at length we took it, and 4 of us had Eighteen-pence a-piece, and John of Gaunt had a Shilling.
Prisoner. What Sort of a Night was it? And what Time o'Night?
Thompson. It was a Star-light Night: and between 7 and 8 o'Clock.
Prisoner. Where did John of Gaunt stand?
Thompson. He stood for a Spy, at the End of the Street.
Prisoner. Ask him if he knows the Gentleman who was robbed?
Thompson. I believe that is the Gentleman; 'tis like him. (Pointing to Mr Patten.)
Prisoner. What cloaths had I on?
Thompson. A brownish Coat and Waistcoat, and under these, a flannel Waistcoat.
Prisoner. What Cloaths had Brian?
Thompson. A blue-grey coat, and a blackish Wig.
James Purvis . I happened to be drinking at Moll Lambert's in Parker's-Lane, one Sunday Night, about 2 Months ago, and about 8 o'Clock at Night, Lineham and Smith came into the Back-room, and called Moll Lambert out of the Fore-room to them there. I was in the Back-room at the same Time, and saw them offer to sell her a cane. They asked her a Guinea for it; she stood some Time, and then she said it was only gilt, and she would give but 7 s. for it. John of Gaunt, Brian, and Thompson were at the same Time in the Fore-room; they all came into the House together, but these 3 staid in the Fore-room, while the Prisoner and Smith went into the Back-room. After Lambert had bid them 7 s. they went into the Fore-room, to ask the other 3, if they should take the Money.
Prisoner. How came you to know what passed in the Fore-room?
Purvis. I was drinking in the Back-room; and when Lineham and Smith returned out of the Back-room to the rest, I was willing to know something of the Matter, and I went with them into the Fore-room, where they agreed to take the Money, and it was shared among them; it was Twenty-pence or Eighteen-pence. - I think it was Sixteen-pence a-piece. This John of Gaunt they did not use to give any thing to, except a little Victuals and Drink. After they had divided the Money among them, I went up 2 Pair of Stairs with them, and won 3 Shillings of them at All-fours.
Prisoner. What coat had I on then?
Purvis. At that Time he had a red rug coat on. He used to wear one coat one Night, and another, another Night.
Prisoner. I have no Witnesses, but I am innocent of the thing. How can I have Witnesses to swear I know nothing of it: it is impossible I should have any Witnesses to that. Guilty , Death .
138. + Susannah Jones was indicted for the Murder of Edward Marsault , an Infant, about 8 Weeks old, by giving it a mortal Wound with a Razor, on the left Side of the Neck, of the Length of 2 Inches, and the Depth of one Inch, which Wound it instantly died , Dec. 17 .
She was a second Time charged, by Virtue of the Coroner's Inquest, for the said Murder.
Elizabeth Frost gave an Account, that she went out and left the Prisoner to take Care of the Deceased, who lay asleep in a Cradle, and 2 other Children, who were on the Bed. That she return'd in an Hour, and found the youngest Child murder'd behind the Cradle, and the Prisoner told her, (upon her enquiring after it) that she had killed it; because she (Frost) had told her, she would not take her in again when she came out of Place. Upon the Prisoner's asking her if she had not observ'd her to have been out of her Senses, she informed the Court, that she had appear'd fretful and uneasy, but she did not take her to be out of her Senses.
Samuel Tuttle gave the same Account, and added, that the Prisoner told him, she thought somebody spoke to her, and bid her do it; and that she acknowledg'd, she took the Child out of the Cradle with an Intent to kill it, but having some Remorse, she laid it down again; but in a few Minutes it crying vehemently, she took it up again, and cut it's Throat with the Razor, which she afterwards laid in the Corner of the Window. Her Confession (to this Purpose) before Colonel De Veil , was read in Court, but Anthony Benn and Robert Benn , giving the Prisoner the Character of a sober, well-behav'd Girl, not addicted to Cruelty; and Elizabeth Sanders speaking to some Symptoms of a disorder'd Mind in the Prisoner, the Jury acquitted her, and found her Lunatick .
Mary Higgins . I live at the Lion and Lamb, a little beyond Chancery-Lane End, by Temple-Bar , and keep a Linnen-Draper's-Shop , on Account of my Husband. I had formerly lost a great many Goods, and hearing somebody in the Shop, I came up out of my Kitchen, which is under the Shop, and seeing a Woman there, with a young Infant in her Arms, I stood upon the Watch, because there was a pretty many Goods on the Counter. The Prisoner was buying some Cambrick, and a Box of Cambricks being by her, I saw her hustle toward it, and throw the child's cloaths over the Box. Then I saw her put her Hand under the child's cloaths, and draw up a Piece of Cambrick, which she kept for 10 Minutes, or a Quarter of an Hour, and then she made off from the counter with it, and asked my Brother Wiseham, who serves in the Shop, for some Nun's Holland. I gave him an Item, that she had stole some Cambrick out of the Box; he, being surpriz'd, told her he had none that would do for her. Upon this she made off with the Piece of Cambrick towards the Door, but seeing me surpriz'd, and that I whispered him, she came back, and dropped the Piece of Cambrick a-cross the Box, which stood 3 if not 4 Yards from the Street-Door. I saw her bring the child to the Box, and saw her drop it; after which she went away, and I was angry with my Brother for not laying hold of her in the Shop, but he went after her, and took her.
Prisoner. I bought 2 Bits of Cambrick, and paid for them.
Mrs Higgins. Yes, she bought 2 half-quarters, and paid Sixteen-Pence for them; but what she stole, was a whole Piece un-open'd; and she took it up under the child's cloaths, while she was buying the other.
William Wiseham . I serve in the Shop: on Friday se'ennight the Prisoner came in, and asked for some Packet-cambrick, of 5 s. a Yard, with a child in her Arms. I fetch'd a Box, and snewed her some; Sir, says she, be so good as to hold the child, while I look at it at the Door; I did so, and we agreed for 4 s. and 6 d. a Yard. I asked her how much she wanted? She told me half a quarter, and I said then she must give me Seven-pence for it. She had the child in her left Hand, and she shov'd some Goods, which were on the counter, farther from the Door, and said, May be, Sir, my child may piss upon them, and damage them. I guess'd what Sort of a Customer I had got, for just such a Woman as she came with a child, a little while ago, and stole 5 Yards of cambrick. I did not cut off the cambrick she had agreed for, for she said she would have finer, and would go to 6 s. a Yard. So I went to an opposite counter, and fetch'd another Box, which I plac'd about a Yard from the Prisoner, on her left-hand, in which were 12 Pieces, 10 within Papers,
* The Witness was mistaken; for removing Goods, with a felonious Intention, though they should not be carried off, is Felony.
Jury. When you found the cambrick, was it in the Box?
William Wiseham . I found it a-cross the Top of Box. - When she was before the Justice, he knew her, and said, - Are you come again! He said her Name was Johnson, and that she had been transported about a Year and three Quarters ago.
Thomas Wiseham . I went with the Prisoner before the Justice, where she did not deny she took the Goods, but only said, they had found nothing upon her. The Justice knew her, and told her so, and that she had been a Notorious Offender. When she was ordered to Newgate, I was forced to go and get a Party of Soldiers, before we could get her thither. I have heard of this very Woman's robbing with a Child, from Mrs Wright in Holborn and several other Shopkeepers, and gave my Brother and Sister a particular Caution about her.
Blinkhorn. On Sunday Night last, about half an Hour after 10, I was coming along Knaves-Acre , and met the Prisoner. Where are you going (says she) so much in a Hurry? Home, says I, and what have you to say to that? Will you give me any Thing, quoth she? I have but a few Halfpence, said I, and I asked her a very impudent Question, that I believe I did; and told her I had got Two-pence, but she must be quick, for I was in a Hurry, and had not much Occasion for her Company neither. So I gave her the Two-pence, and then she pretended that Two-pence was too little. Well, says I, I'll see if I have any more Farthings, and so I gave her 2 Halfpence more. But while I was talking to her, she got her Hand into my Pocket, and took out a Guinea, 2 Shillings and a Farthing. After this, I told her directly she had picked my Pocket; she denyed it, but I took her to the next Alehouse, and called a Watchman. When the Watchman came, I told her she had picked my Pocket of a Guinea, 2 Shillings and a Farthing, and if she would give me the Money again, I would release her; if not, I would send for the Constable. Nay, I told her, if she would return me the Guinea, she should have the overplus for her self, but she would not own it; so the Constable was sent for, and I delivered her up to him. He carry'd her to the Watch-house, and there she was searched, but no Money was to be found. At last says the Beadle, these Creatures very often hide Things in their Stockings, and upon searching the Stocking on her right Leg, out came the Guinea, 2 Shillings and a Farthing, to be sure. Next Morning we had her before Sir Edward Hill , and there she own'd the Money to be mine, and that she had robbed me of it, and begged my Pardon.
Prisoner. This Man has offered me Money a great many Times, I serve the House in Grosvenor Square, where he lives, with Fish and Oysters.
John Yarmouth . Last Sunday Night about a quarter before 11, a Watchman came to the Watch-house to fetch the Constable to the Barley-mow, in Knaves-Acre. I went with him, and there sat Blinkhorn and the Prisoner, and 2 other Men by them: And without Doors there was a couple of their Fosticates intending to get in, but we shut the Door against them. They told us they belonged to this very self same Creature at the Bar, and the Constable ordered me to disperse them, and I did so. Then Blinkhorn told the Creature, if she would give him the Guinea, she should have the 2 Shillings
143. + Ann Wells otherwise Wilson was indicted for stealing a cambrick Apron, value 8 s. a holland Apron, value 3 s. 3 Mobs, value 3 s. 2 Shifts, value 8 s. 2 Guineas, a Portugal-piece of Gold, value 9 s. and 2 s. 6 d. in Money, the Property of Mary Whinney , and 2 gold Rings, value 24 s. and a Silk Handkerchief, value 1 s. the Goods of Andrew Whinney , in the Dwelling House of Mary Whinney . Guilty 39 s.
144. John Durand was indicted for stealing a wooden Box, value 1 s. 12 linnen caps, value 3 s. 3 Shifts, value 4 s. 2 linnen Handkerchiefs, value 3 s. and several other Things , the Property of George Wilson . Acquitted .
146. William Berry was indicted for stealing 6 Silver Tea-Spoons, value 14 s. the Goods of John Perry , a Silver Stock-buckle, value 2 s. a pair of Silver Buckles, value 5 s. a pair of Silver Tea-Tongs, value 4 s. a dimitty Waistcoat, value 3 s. and several other Things , the Property of John Sherburn , January 16 . Guilty .
William Baker , alias Jones, alias Shock Egerton , and George Vanghan , who formerly had received Sentence of Death, on condition of Transportation for 14 Years, were called to the Bar, and his Majesty's Mercy was offered them upon the above conditions; which they accepted, and Sentence was pronounced upon them, that they should be transported accordingly for the said Term .
Thomas Hannings , convicted for enlisting Men into the King of Prussia's Service, had the Offer of his Majesty's Pardon, on condition that he should be transported for Life. He likewise accepted his Majesty's Mercy on those Terms, and Sentence was pronounced on him accordingly .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 6.
BURNT in the HAND, 1.
* These being Buyers of stolen Goods, knowing them to be stolen, are (by 4 G. c. 11.) to be transported for 14 Years.
William Baker , alias Jones, alias Shock Egerton , and George Vanghan , who formerly had received Sentence of Death, on condition of Transportation for 14 Years, were called to the Bar, and his Majesty's Mercy was offered them upon the above conditions; which they accepted, and Sentence was pronounced upon them, that they should be transported accordingly for the said Term .
Thomas Hannings , convicted for enlisting Men into the King of Prussia's Service, had the Offer of his Majesty's Pardon, on condition that he should be transported for Life. He likewise accepted his Majesty's Mercy on those Terms, and Sentence was pronounced on him accordingly .