WEDNESDAY the 16th, THURSDAY the 17th, FRIDAY the 18th, and SATURDAY the 19th of April.
In the 13th Year of His MAJESTY'S Reign.
BEING THE Fourth SESSIONS in the MAYORALTY
OF THE 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.
Of whom may be had compleat Sets of the Proceedings in the last Year; and the former Numbers in this.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord-Mayor of the City of London, the Right Honourable the Lord Chief-Justice LEE, Mr Baron PARKER , Mr. Recorder, Mr. Serjeant URLIN, 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.
Mr. Marriot. On the 13th of March last, the Prisoner came to my Shop, and asked the Price of Salt. - I keep an Oil-shop in Newgate-street . She told me her Mistress wanted some Salt, and had ordered her to wait in my Shop till she came; and therefore, with my Leave, she would sit down: and accordingly she sat her self down by a Vinegar-Cask; near which the Pewter Gallon-pot stood. After she had set a while in the Shop, she got up, and bid me weigh the Salt, while she stepp'd thro' Newgate for 2 Gallons of Gin, and then she would come again. As soon as she was gone, I miss'd the Gallon-Pot; upon which I went after her, and took her in Phoenix-Court , with the Pot upon her. She told me, her Necessity made her do it, and begg'd that I would not send her to Newgate, but rather let her go to Bridewell. Guilty 10 d.
192. + William Isgrigg , of St John Zachary , was indicted for stealing 9 Pair of Mens Silver Shoe-buckles, value 5 l. 4 Pair of Silver Knee-buckles, val. 20s. 3 Pair of Womens Silver Shoe-buckles, val. 24 s. 3 plain Gold Rings, val. 36 s. 2 enamell'd gold Rings, val. 12 s. a gold Ring set with 5 Stones, val. 3 s. a Silver Snuff-box with the inside gilded, val. 8 s. 7 Silver Stock-buckles, val. 21 s. and 3 Pair of Silver Stock-clasps, val. 18 s. the Goods of William Gould , in his Dwelling-house , Feb. 24 .
William Gould . The Prisoner was my Apprentice , and had served me above half his Time. His Father lay very ill, and his Mother begg'd of me to let him go and see him, for he was (she said) at the Point of Death. I gave him Leave to go, and after he had been absent a Fortnight, I sent for him to come home: but he sent me Word, that the Physicians had given his Father over, and, as it was not expected he would live over that Night, he desired I would suffer him to stay one Night longer. I consented; and his Mother sent him Home next Morning, (as I was informed) but he did not come near me till Sunday the 24th of February last, (which was a Fortnight after he had been sent Home) and then my Servant-Maid informed me, she let the Prisoner into the House, a quarter after 8 in the Morning, before I was up. The next Morning (Monday) I got up between 7 and 8, and casting an Eye upon my Shew-Glass, I thought the Goods look'd thin, and that several Things were wanting. Upon this I examined my other Boy, and was satisfied that he knew nothing of them; and the Prisoner being absent again, I suspected him, and upon searching after him, I took him in Hanging-sword-Alley in Fleet-street, on the Wednesday Night following.Robert Godseball , where he confess'd he had pawn'd several Pair of my Buckles, Stock-buckles, and Stock-clasps, which are now in Court. This is the Stone-Ring which was found upon him at the Watch-house, and it is mine. I am pretty sure it was in the Shew-Glass, when we took it from the Window, into the Shop, on Saturday Night, and I miss'd it, with the rest of the Goods, on Monday the 25th of February, in the Morning.
John Coombes . These Buckles were sealed up before Sir William Billers . They are the same which the Prosecutor swears were taken from him, and I found them at the Pawnbrokers. I have Warrants in my Pocket against two of them; their Names are William Wilson , James Crocket , James Jarvis , and Thomas Oldfield .
The Constable produced several Pair of Silver Buckles, which he had found at the Pawnbrokers.
Mr. Gould. These are my Goods; and I saw them on Saturday in my Shew-glass, which was taken into the Shop at Night. The Shop is part of my Dwelling-house, and I saw the Glass in the Shop on Sunday, but did not examine it till Monday Morning. The Prisoner is between 19 and 20 Years of Age. - I have another Apprentice, one John Priest , who has served about a Year of his Time; and my Servants have the Liberty of going into the Shop.
Prisoner. I have no Questions to ask, - I'll give the Court no farther Trouble, - I acknowledge my Guilt, and hope you'll consider me.
Gawen Nash . I went with Mr. Gould to search after the Prisoner, and the next Morning after we found him; I did, I believe, extort a Confession out of him, by promising him Compassion, if he would tell where the Things were.
Prisoner. My Master did promise me Mercy.
Mr. Nash. I told him it was his best Way to make Retaliation to his Master, by discovering where the Goods were: and he confessed more Goods than we have here in Court, and told us where they were to be found. He informed us, that Thomas Oldfield , who keeps a publick House in Tavistock-street, had many of the Goods; we went to him, and he was with us before the Justice, who bound him over to appear here with the Goods, and give Evidence, but he is not come.
The Court ordered him to be sent for; be accordingly appeared, and produced the Goods he had in his Possession, which were restored to Mr Gould, by Order of Court; after which he, with the other Pawnbrokers were very severely reprimanded *> for their Behaviour by the Court.
* The Sale of Goods, wrongfully taken, to any Broker or Pawn-taker in London, Westminster, Southwark, or within two Miles of London shall not alter the Property. - If a Broker, having received such> Goods, shall not, upon Request of the Owner, discover them, how, and when, he came by them, and to whom they are conveyed, be shall forfeit the double Value thereof to the said Owner, to be recovered by Action of Debt. Stat. 1 Jac. I. c. 21. 1 6, 7.
The Jury found the Prisoner Guilty 4 s. 10 d.
Mary Axx . My Husband, John Axx, is a Tal-low-Chandler we live at the Corner of Seething-Lane in Tower-street . The Prisoner came to our Shop the latter End of January last, with a Child in her Arms, and bespoke 10 Dozen of Candles; after which she begg'd leave to sit down with her Child in our Kitchen: we did not refuse it, so she came in and sat down by the Dresser, where the Spoon and my Velvet Hood lay. She staid some Time in the House, and dined with us; and told us the Candles were for her Aunt, who kept the Jewel-Office in the Tower and as we had served that Person before, we were civil to the Prisoner, and she staid with us from 11 in the Morning, till 4 o'Clock in the Afternoon: she then went out, telling us she would go to the Box-maker's, and order a Box to be sent, into which the Candles were to be put. As soon as she was gone, I miss'd the Spoon and Hood, which lay upon the Dresser, and remembering I had seen both of them in her Hand, while she was in the House, I went after her to the Box-maker's, but she had not been there, nor did I see any thing more of her, till last Wednesday, and then I happened to see her going to take Water at the Old Swan. I taxed her with having taken the Goods, and she confessed she had sold the Spoon to one Basil Denn , who lives on the Left-Hand Side of the Way, upon London-Bridge. My Husband went to Denn's, and enquired for the Spoon, but it was never produced. She owned she took both the Spoon and the Hood, in the Presence of me, my Husband,
Elizabeth Wilson . When my Daughter, (the former Witness) li't of this Creature at the Old Swan, she went with her to a Publick-House, and sent for me; I never saw her before that Time, in my Life, and that was last Wednesday. I desired her to confess, where she had sold or pawn'd the Things, that we might have them again; telling her, if they were pawn'd, I would redeem them. She told us, we could not have them again: I know (said she) you cannot, for the Spoon is sold on London-Bridge, thro' the Gate, on the Left-hand-side of the Way, and the Hood I have sold to a young Woman of my Acquaintance for 3 s.
John Axx. I went to Basil Denn , a Goldsmith on London-Bridge to enquire after the Spoon; and he told me, he had bought several Spoons, but could not tell the Marks of any. I was present on Thursday, when the Prisoner was carried before Mr. Alderman Perry, and she confes'd there, that she had stole the Hood and Spoon, and had sold the Spoon for 7 s. and it weighs 10 s. or 10 and 6 d. and I serv'd Denn with a Subpena this Day, but he is not here.
Prisoner. I had been at the Excise-Office that Day, and I own I din'd at Mr. Axx's, but I did not take the Things. Guilty 4 s. 10 d.
Mrs. Walker. On the 18th of March last, I was call'd down Stairs into my Shop, and found the Prisoner, and several Neighbours in the Shop: My Servant charged her with having taken 15 Yards of printed Cotton, which was mine, and she said she had nothing to say, for she had had the Cotton; those were the very Words; and she hoped I would not prosecute her. This is the Cotton, it lay upon the Counter when I came down Stairs; 'tis mine - I am a single Woman.
James Woodward . The Prisoner came into the Shop, on Little Tower-Hill , with another Woman, on Tuesday the 18th of March last, under pretence of buying something. It was in the Morning, but I can't tell the Hour. The Woman that was with her, bought enough to make a Child's Frock, and paid 3 s. for that, and a Bit of Cambrick. When they came in, they asked for printed Cottons, to make a Frock; and I shew'd them this very Piece, but they did not like it then; so I let it lie on the Counter, and shew'd them Purple and White, some of which they bought. When the Prisoner's Companion had paid me the 3 s. the Prisoner went out of the Shop, and her Companion stood at the Door talking with me: but suspecting I had lost something, I stepp'd out, and took the Prisoner 5 or 6 Doors beyond our Shop; and when I had got her back into the Shop, she took this Cotton from under her Apron, and gave it me into my Hand.
Prisoner. I am innocent of taking the Linnen. The young Man ( Woodward ) took it up in the the Shop, but whether the other Woman left it there, or not, I can't tell. I did not give it him into his Hand; he took it off the Ground himself, and said, here's the Linnen.
Woodward. She herself deliver'd it to me, from under her Apron, and her Companion desired me not to pull her about so. The other Woman I let go.
Prisoner. And she is run away.
Woodward. I am sure the Prisoner is the Woman that deliver'd the Goods to me, when I had brought her back. They were above a quarter of an Hour looking on the Goods; and this Piece of Cotton lay under the other Goods I had shewn them.
Kezia Tingey . The Prisoner own'd her Crime, when she was brought back, and begg'd prodigiously that she might not be prosecuted: she owned she had stole the Cotton, and that she had been drawn into it, by bad Company. This was on the 18th of March last, in Mrs. Walker's Dining-Room.
A Witness. I have known the Prisoner 19 Years: she has had 11 Children, and I nursed the youngest Child 3 Years. 'Her Father's Name is Mason, - a very honest Man; and she did keep a Publick-House, the Sign of the Swan , facing St Ann's Church, in St. Ann's Lane. She followed Needle-Work and Quilting , and during the Time I have known her, I never missed her Conversation, till about half Year ago. Her Husband is Clerk to one Mr. Jordan, who fits Men out for the Sea: he is a very honest Man, and I never heard any harm of her. Guilty 4 s. 10 d.
Sardinian Ambassador's Chapel in Lincoln's-Inn-Fields , the Prisoner ran against me, and I found immediately my Watch was gone out of my Fob. Upon that I seiz'd him; and a Person who was standing in the Croud, on the other side of the Way, brought me my Watch, and told me he saw the Prisoner sling it out of his Hand.
Prisoner. Ask him, if he did not clap hold of both my Hands at that Time?
Mr. Lampton . No; I did not. I seized him by the Collar.
Prisoner. All the People who were going by, said I was accused wrongfully.
John Barret . On Friday the 4th of April, I was coming by the Popish-Chapel , between 7 and 8 o'Clock, and saw Mr. Lampton lay hol d of the Prisoner by the Collar. I stood to see what was the Matter; the Gentleman held him with one Hand, and while he was stooping , (as if it was) to feel in his Fob with the other, I saw the Prisoner with his Right-hand throw a Watch over the Gentleman's left shoulder. Then he said, I have it not, - I did not pick your Pocket! - The Case opened, and the Watch flew in two Pieces; and I ran to take it up, but this Man, (Hadley) took it up before I got to it.
Mr. Lampton . While I had him by the Collar, I stooped to feel for my Watch with the other Hand, and found it was gone.
Prisoner. Was there not a Woman going by, who said I was wrongfully accused?
Mr. Lampton . Yes, there was a Woman in the Croud who said so, and I believe I saw the same* Woman in the Bar just now.
John Hadley . I am Servant to Mrs. Collier in Green's Building , and at that Time I was standing opposite the Mass-House Door, and saw a Watch flung by me, but whence it came I knew not. It fell by me, in separate Parts; I took it off the Ground and held it up; and Mr. Lampton having seized the Prisoner by the Collar, at the same Time, I asked him, if it was his Watch? He owned it; I am sure I delivered him the same Watch I saw thrown; and that there was one Seal to it.
Mr. Lampton . The Watch and Seal which this Witness delivered to me was my own.
Prisoner. Put him, (Hadley) to his Oath, whether Barret was not talking with him at the same Time?
Hadley. No; I was not.
Prisoner. 'Tis very odd, that I should throw such a Thing away if I had had it.
The Jury found him Guilty , Death .
196. Phillis Pidgeon , of St Sepulchre's , was indicted, for that Anthony Underwood of St Andrew's Holborn , having stolen 1 Pair of worsted Stockings, val. 2 s. the Goods of Richard Manning , Dec. 20, 1736. She the same did receive, knowing them to be stole . December 20. 1735 .
The Record of Underwood's Conviction was read.
Mr. Manning . In December 1736, I was robbed by Underwood of 2 Pair of Stockings; they were stolen out of my shop in Holborn. By Underwood's Directions I went to the Prisoner's House: She then lived in Black-Boy-Alley in Chick-Lane. I took her before Mr. Justice Poulson , about a Day or 2 after the Robbery was committed, and one Pair of my Stockings were taken off her Legs: but soon after this, she was admitted to Bail, and I never could find either the Prisoner or her Bail, until some little Time ago when her Bail came and told me she was in Custody, and that I must prosecute her.
Prisoner. I gave Underwood 3 s. and 6 d. for the Stockings, and asked him if he had not found them, and said I would not buy them if he had stole them.
Manning . Underwood was a Boy, about 14 Years of Age; I prosecuted him in January Sessions 1736, for stealing 2 Pair of Stockings. One Pair, which I took upon Him, and those which I found upon Her, were mine. She now says, she gave 3 s. and 6 d. for them; but when she was before the Justice, she said she gave but 1 s. and 6 d. and did not ask the Boy how he came by them. The Stockings cost me 4 Shillings.
John Cook , I was Constable at that Time, and took her up with a Warrant, on Account of these Stockings. They were taken off her Legs before the Justice; Mr. Manning swore to them, and she owned she had bought them of Underwood . I do not remember what she said she gave for them. Acquitted .
197. + Margaret Newel , of St Giles's in the Fields , was indicted for privately stealing a Gold Watch, and a Gold Chain and Seal, val. 15 l. from the Person of the Chevalier Charles Rusca , March 9 .
The Prosecutor being a Foreigner, a Gentleman was sworn his Interpreter.
The Chevalier Charles Rusca . On the ninth of March last, as I was going into the Sardinian Ambassador's Chapel , the Prisoner plucked my Watch out of my Pocket. I seized hold of her Hand, and cry'd, Where's my Watch! Upon this, she threw up both her Hands, and opened
Prisoner. Did not you take hold of another Woman at the same Time?
Chevalier Rusca . After I had seen that she had nothing in her Hand, I did lay hold of another Woman.
James Smith . This Thing was done on Sunday the ninth of March; I was going into the Chapel at the same Time, and was within a Yard and a half of the Gentleman when it happened. I saw him catch hold of the Prisoner's Hand, and he cry'd out, Ma Montre! Ma Montre ! A Gentlewoman coming up, asked what was the Matter? I told her the Gentleman cry'd, Ma Mon-tre ! Ma Montre ! Why (says she) that is, His Watch! His Watch! Upon which I caught hold of the Prisoner on one Side, while the Gentleman held her on the other, and while I called out, - The Gentleman has lost his Watch! she shifted her Hand behind her, and dropped it upon the Ground, just within the Chapel. I am positive she is the Woman, and that I saw the Watch drop behind her, but by the crouding of the People she was pushed a little beyond it, and then we saw it. When we took it up, we saw a little Tin Box on the Ground, in which was three Shillings ; the Prisoner cry'd , - that Box is mine; but I did not see her drop that , though I saw her drop the Watch.
Prisoner. Did not I lift up my Hands directly, to shew I had none of the Watch?
Smith. As soon as ever she had dropped the Watch, she lifted up her Hands, and then cry'd out, - Search me! Search me! I am sure she dropped it before she lifted up her Hands, for I saw the bottom Part of the Watch, and the Chain, slipping through her Hand. This is the same Watch, I am almost sure of it.
Prisoner. Ask the Chevalier whether the Watch had a Chain to it at that Time?
Chevalier Rusca . It had the same Chain to it then. The Watch was in the same Condition as it is in now.
Smith . I saw the Thing from beginning to ending. When the Gentleman had got his Watch again, he went into the Chapel; but the Mob saying he had given Orders to his Footman to have the Woman secured, we took her, and carried her to a publick House, the Sign of the John of Gaunt , and from thence to a publick House in Holhourn , where we kept her till we got more Constables.
Prisoner. Ask him if the Gentleman did not seize another Woman?
Smith. Not just then; - it was afterwards. The Gentleman had hold of the Breast of her Gown, when she threw up her Hands; and I informed him she had dropped the Watch, in half a Quarter of a Minute, - I told him of it as soon as I could, for there was a Croud of People in the Chapel, and then he laid hold of another Woman. I was giving him Notice that the Prisoner had dropped it behind her, while she was holding up her Hands, and just after he had picked it up, he took hold of another Woman, and pushed her and the Prisoner about, as much as to say, - Get out of the Chapel, The second Woman that he lay'd hold of, was one who came up to him after the Watch was found; and desired him not to hurt the Girl (meaning the Prisoner) now he had got it again, I can't say what he took hold of the second Woman for, because I could not understand what he said.
Prisoner. I know nothing of the Watch, nor of that Woman; but the Gentleman held my Hands till the Watch was found; and then he bid us both go about our Business. Besides, - I had then a long scarlet Cloak on, and how could he see me drop the Watch?
Chevalier Rusca . She had then the same Cloak, which she has on now. (She had a light-coloured short Cloth cloak on at the Bar.)
Smith. I think she had a red short Cloak on, at that Time; and had a Velvet Hood, and a Hat over it.
Chevalier Rusca . I am sure it was the same she has on now.
Smith . To the best of my Remembrance, she was then in a red Cloak.
Chevalier . I don't remember how her Head was dress'd; but she had a Cloak of the very same Colour with that she has on now.
Smith . When the Gentleman had got his Watch again, he went into the Chapel, and staid till the Ceremony was over; after which a Man told him the Woman was in Custody, and he must go to Colonel De Veil's. He went accordingly,
Jury . We desire Smith may be asked what Trade he is, and what brought him to that Place?
A Gentleman upon the Bench deposed, that the Chevalier was with him, waiting for the Prisoner, in order to have this Affair examined into, but that after they had waited some Time, three Constables and a Beadle came and inform'd them, that the Prisoner had been rescued out of their Custody. He added, that he knew her to be a most notorious Pickpocket, and that both she and her Husband had been several Times committed for Felony, which they afterwards had compounded.
Prisoner. No, - not for Felony, it was for keeping a disorderly House.
Gilbert Ward , Constable. My Beadle being charged with the Prisoner for robbing the Chevalier Rusca, on Sunday, March 9, he brought her to my House. She then had a red short Cloak on; but it is possible she might have changed her Cloak, between the Chapel and my House. She was brought to me between 12 and 1 at Noon, and we kept her two Hours, because the Gentleman did not care to give himself the Trouble to appear against her, and I did not know how to discharge her. At last I found him out, and desired him to go to the Justice's, and told him, I would bring the Prisoner to him there: but as we were carrying her along, three Fellows with Fire-Arms stopped the Coach, over-against Windsor-Court in Drury-Lane, broke the Door open, and rescued her from us.
Thomas Gilbert . We took Coach at Mr Ward's Door, and were going before the Justice, with the Prisoner, but when we came against Windsor-Court , one Man came up, and clapp'd a Pistol in at the Coach-Door, and swore he would blow our Brains out. Another bid the Coachman stop: I bid him drive on; but he refused, and said he would not venture his Life. Upon this our Beadle jumped out of the Coach, but another Fellow ran up to him with a great Sniggersnee Thing, and swore he was a dead Man, if he stirred farther. Upon this the Prisoner jumped out of the Coach, and they all ran away together. The Chevalier's Footman gave the Beadle charge of the Prisoner, on the Outside of the Chapel.
Eleanor Byant . I am a Mantua-maker, and Habit-maker. I have worked three Years for the Prisoner, and between 7 and 8 for her Mother. I know they are honest People; what I have done for them, they have paid me for. Her Mother liv'd at St. James's, and the Prisoner liv'd first in the Hay-market, and now in Windsor-Court, in Drury-Lane. The old Woman was a green Grocer, and as to the Prisoner's Business, I had no Occasion to enquire about that, - for if she employed me, she paid me. She kept a House, but I don't know what Sort of a House it was, nor do I know her Husband.
Eleanor Puzzle . I know the Prisoner kept House in Drury-Lane; I can't say what Sort of a House, - it might be a House of Lodgers for any Thing I know: I never was in the Inside of it. I never knew any Harm of her in my Life. - I have known her about half a Year, - I have spoke to her, but never in the Way of dealing with her, for I never had any Dealings with her, but I can say she is an honest Woman, - as far as I know; and I never heard otherwise of her.
Jury. We desire to know what Business this Witness follows?
Puzzle. I am a Shoemaker's Wife.
A Gentleman. This Witness is a common Bawdy-house Keeper she has been committed herself: she kept a Bawdy-house in Jackson's Alley, but I believe she is broke now. Guilty , Death .
198. Elizabeth Glass , of Paddington , was indicted for stealing 6 Yards and a half of scollop'd Lace, val. 15 s. a Pair of Silver Buttons, val. 1 s. and half a Yard of Holland, val. 2 s. the Goods of Joseph Baker , March 20 . Acquitted .
200. + Rachael Poole , of St Giles's in the Fields , was indicted for stealing 4 Silver Spoons, val. 30 s. 5 Silver Tea-spoons, val. 12 s. 8 gold Rings, val. 5 l. a gold Necklace and gold Locket, val. 30 s. a Pair of Silver Knee-buckles, val. 3 s. and a Silver Seal, value 2 s. the Goods of Paul Dekayne , in his Dwelling-house , March 9 .
Paul Dekayne . The prisoner is the Person: she took all these Things out of my Drawer. Here is the gold Necklace and Locket: here is 8 gold Rings, 5 Silver Tea-spoons, 2 large Spoons, a pair of Silver Knee-buckles, and a Silver Seal, -
A Witness. I believe the whole Discovery was made on a Promise of Pardon. There was an absolute Promise given the Prisoner, when they were before me, that they would be very favourable.
P. Dekayne. I made her a Promise, in Order to get my Goods again, but I did not give her hopes of Pardon, that was not in my Power; I only promised to be favourable, so as the Law would run.
Mrs. Dekayne. The Prisoner was a Lodger in my House, in Great Earl Street, St. Giles's. We lost these Things on the Saturday Night before Palm Sunday, when no body was at Home but she, and our Apprentice. We missed the Goods on Monday Morning, and by the Prisoner's advice, she and I went to a Cunning Man, on the other Side of the Water; and she prayed to God that the Person who robbed me might be brought to Justice, and as I was so good a Woman, she should be glad (she said) to see them hanged who had injured me. After this she went with me to several Pawnbrokers, and told me she would go 100 Miles barefoot, to see the Thief prosecuted. But as we could get no Intelligence of our Goods, my Husband advertised them; and the Wednesday following the Pawnbroker came with the Gold Necklace and Locket; and the Prisoner coming into the House at the same Time, he knew her, and said he would swear she was the Person that brought it to him. Upon this she was seized and carryed before his Honourable Worship, where she confessed every Thing; and as she came out of his Worship's House, she said she would not part with the Things, - she would keep them to maintain her, while she was in Goal. While she was in the Round-house she sent for us, and when we came there, she desired me to go up Stairs with her: I did so, and she told me it was out of her Power to help me to my Things again, and she fell down on her Knees, and owned she had taken them all. Dear Mrs Poole , said I, how did you get in? At the Door, or the Window? Mrs Dekayne , (said she) your eldest Apprentice went out into the Yard, and desired me to take Care of the Parlour Door, and while he was gone out, I went in, in Hopes of finding a great deal of Money; but finding none I looked about for something else; and the first Things I found were the Rings, the Necklace and Spoons; and Mrs Dekayne, (says she) if I had not been afraid of your Apprentice's returning, I should have looked farther. She owned she had taken all the Things mentioned in the Indictment, and begged for Mercy. I told her she had shewn me none, but yet if she would tell me where the Goods were I would be favourable. So we got the things, and we carried them, with the Prisoner, before his Worship: and when she came there, she could make no Answer to them, but owned she had taken them. - There were no Promises given her of Favour.
The Justice. The Goods, with the Prisoner, were brought before me; she owned she had taken them, but insisted on the Promises they had made to her, and they did not at all contradict her, nor deny their Promise.
- Jenkins. The Prisoner had formerly brought several Things to our Shop; and she came with this Necklace on the first of April. I took it in Pawn from her, but it being advertised, I carried it to Mr Dekayne , and he owned it.
The Prisoner in her Defence said, that Mrs Dekayne had complained to her that her Husband had carried away some Things of Value; and that she committed this Necklace and Locket to her Care, after she had made her drink until she knew not what she did, or said. But she denied having any thing else in her Custody.
Mrs Dekayne deposed she had not drank with the Prisoner, and that the Goods were all taken away together, while she and her Husband were abroad. Guilty 4 s. 10 d.
John Gilbert, alias Steel , was indicted for stealing a Pair of silver Knee-buckles, value 4 s. and a Pair of silver Buttons, value 6 d. the Goods of Edward Drayton Roberts , Jan. 26 . Guilty .
He was a second Time indicted for stealing a wooden Tea-chest, value 10 s. 3 Tin-cannisters, value 2 s. 5 pint Tin-coffee-pots, value 3 s. and other Tin-wares , the Goods of William Poulter , March 14 , Guilty .
203. Mary Perkins , of St Giles's Cripplegate , was indicted for stealing a green Tabby Gown , val . 5 s. a linnen Sheet, val. 5 s. a white dimitty Waistcoat, value 9 s. and a scarlet cloth Cloak, val. 6 s. the Goods of Samuel Jackson , Octob. 5 .
Samuel Jackson . I lost a Cloak, a Gown, a Waistcoat, and a Sheet and several other things, which we cannot swear to, because she deny'd them; but the Goods I have mentioned, were lost the Friday after Michaelmas last. I suspected the Prisoner had taken them, and hearing she was gone to Barnet, I sent after her, but could not find her till last Saturday was three Weeks, and then I accidentally li't of her in Chiswell-street, and taxed her with the Things - I can't say I mentioned every particular Thing, - I did mention some of them, and asked her if she had not stole them? She owned she had, and went with me to a Pawnbroker's, at the Angel and Anchor, at the Bottom of Grub-street, and asked for the Waistcoat and Sheet, in the Name of Perkins, and when the Pawnbroker told her, he did not remember them to have been pawned in that Name, she said it might be in her maiden Name, Mary Harrison , but the Pawnbroker said, that was not the Name they were left in, so he would not produce them. Then the Prisoner carried me to another Pawnbroker's, at the Sign of the Tea-table, and asked for the Gown in the Name of Mary Perkins , or Mary Harrison; and the Gown being produced, I said it was mine, and desired the Pawnbroker to take care of it, till he heard farther from me. I afterwards went to this Man (at the Sign of the Tea-table) and asked him if he would let me have the Gown again without a Search-warrant? He told me, I should not have it either with, or without, a Warrant; upon which I got a Warrant, and searched the House, but, I suppose, he had made away with it, for I could not find it. The Prisoner at first said, she had only pawn'd the Cloak for a Smilling, and that my Wife had lent it to her; but she afterwards confess'd all the Things, and went with me to the Pawnbrokers where she had pledg'd them, - I can't say she told me how she came by them.
Elizabeth Jackson . The Prisoner lodg'd in our House, and lay with a Girl who is our Servant. The Things mentioned in the Indictment, were miss'd the fifth of October last, and I suspected the Prisoner to have stole them, because she said she was going to receive some Money of a Gentleman at the Half-Moon-Tavern, and should return in half an Hour, but she never came home any more. I had Occasion to look for a Cap for my Child, in about an Hour after she was gone out, and miss'd all the Things: nor could we hear any Thing of the Prisoner, till my Husband met her in Chiswell-street , and then she owned she had taken them, and I saw my Gown at the Pawnbroker's, but he would not let us have it, though it was brought down upon the Prisoner's asking for it. We likewise went with her to another Pawnbroker's, where she said she had pawn'd the Waistcoat and Sheet; but the People told her she did not ask for them in the right Name, and therefore they would not produce them: so we saw nothing but the Gown, and that we can't get. The Cloak (indeed) she had worn all the Winter, and it is not worth a Farthing now.
Prisoner. I had Occasion for a little Money , and so Mrs. Jackson lent me the Things to pledge.
Mrs. Jackson . I did not lend them to her. I don't know that ever she saw any of the Things, before she stole them, except the Cloak, and that I once lent her, when she was going to see a House in Spittle-fields, which she proposed to take, and keep a Cook's Shop.
Mary Smith . I have nothing to say but this, - I heard the Prisoner say, last Monday, that she had pawn'd the Things, which she had of Mrs. Jackson . She did not explain herself any farther, nor did I hear say, that Mrs Jackson had lent them to her. She own'd she had pawn'd the Waistcoat and Sheet at the Angel and Anchor .
Prisoner. You swear this! I wish my Friends were here, and then I would have your Ears for it. - Mrs. Jackson lent me the Things , and this Woman (Smith) did not hear one Word that I said to her. Guilty .
204. + John Hetherington , of St. Luke's Middlesex . was indicted for stealing a leather Bag, val. 1 d. a Pair of Silver Buttons val . 3 d. 2 Thirty-six Shilling-Pieces, a Moidore , 22 Guineas, 3 Half-Guineas, and 7 Shillings and 6 d. in Money, the Property of Richard Crimes , in the Dwelling-house of Edward Dudley , March 17 .
Richard Crimes . I lost 30 l. out of a Chest in Edward Dudley's House, It was in a Leather Pocket, in a Chest, which was locked, and I kept the Key of it: I took particular Notice, that it was there the 10th of Feb. last. On the 19th of March I was at Work at Stratford , and Mr Dudley came thither to me, and asked me what Money I had in my Chest at his House, telling me he found it broke open. I informed him, I had 30 l. there, and mentioned what Pieces of Money there were. 22 Guineas, 3 Half Guineas, 2 Thirty-six Shilling Pieces, one Moidore, and 7 s. and 6 d. in Silver. Upon receiving this News from Mr Dudley, I came directly to London, and found my Chest broke open, and all my Money gone. Mr Dudley suspected the Prisoner, because he was his Apprentice , and was run away. - I don't know the Prisoner's Age.
Prisoner. I am between 14 and 15.
Crimes. The Prisoner being run away from his Master's House, somebody informed him, that he had been seen with Money upon him; this gave Mr Dudley a Suspicion of him, and he searched after him, took him, and got him committed to New-Prison before I came to Town. While he was there in Goal, I went to him, and examined what he had done with the Money. He told me, he forced open the Chest with a File, and took the Money; and the Remainder, which was unspent, he had given his Master. He gave me an Account, that he went out with the Money into Moorfields, and got into Company with some Boys who were tossing up there; that he carried some of the Boys to an Alehouse , where they had some Beef-stakes drest, and a young Woman with them. One of the large Pieces of Money, (he said,) he had given to a great Boy to get changed for him, and the Boy brought him 21 Shillings for it; and 20 Shillings or upwards, he had spent himself. I asked him how he had made away with so much
Money? He told me, he had bought Shoes, and Handkerchiefs for several of the Boys, and one Handkerchief, which he had bought for himself, his Master found upon him. In this Manner he said he had spent 20 Shillings. The rest of the Money, that was missing, the great Boy had cheated him of; for he had given him the Bag to hold for him at the Alehouse, while he went out; and when he returned, he told him he was sure he had opened it, because it was not tied up in the same Manner, as it was when he left it in his Hands: Upon which the great Boy denied it, and ran away immediately. The Prisoner was taken before he had squandered all the Money away; and Mr Dudley returned me 24 l. and upwards.
Edward Dudley. The Prisoner was my Apprentice, and having ran away from my Service, I happened to see him as I was going with a Friend into the City, and I laid hold of him. I had not any Suspicion of his having taken this Money then; but my Friend, observing him to drop some upon the Ground, told me of it, and I searched him, and took 6 Pence and 6 Pence Halfpenny out of one Pocket, and 2 l. 17 s. 6 d. and a Handkerchif out of another of his Pockets. Upon this I went to get Advice how to secure the Money, and in the mean Time he got away. When I came Home I found Mr. Crimes's Chest broke open; and when the Prisoner was taken the second Time, he owned he broke it open with a File, and had taken away all the Money. Nineteen Guineas, a Moidore, a Half-Guinea, and a Pair of Buttons, he delivered me at that Time, which he owned was part of the Money he had taken out of the Chest. The Prisoner's Father says he is 15 Years old this Month: He has been bound to me between 8 and 9 Months.
The Jury found the Prisoner Guilty , Death .
William Crane. I am a Cabinet-maker , in Shoreditch . The Prisoner was one that used to go achairing, and being a poor Woman, and destitute of a Lodging, as we had a spare-bed in our Garret, we let her lie there out of Charity. The Gown mentioned in the Indictment was my Wife's, and it being missing, we taxed the Prisoner with
Mr Coxon. About 10 or 11 o'Clock in the Morning, December 26. the Prisoner came to my House, and offered a brocaded Gown to pawn: this is the same identical Gown. Upon looking at the Gown, and examinig her, I suspected she had not come fairly by it, and my Suspicion was increased, by her not giving such satisfactory Answers to my Questions, as I expected from an honest Person. She said at first, that the Gown belong'd to a Mistress of her's in Holbourn . I sent thither, but the Prisoner's Mistress was not to be found. I then told her, I would stop it: she told me, she would go and fetch the right Owner of the Gown, and she went out, and returned again, with a big-belly'd Woman, all whose Clothes upon her Back was not worth 20 s. nor were the Prisoner's better. I told the Woman, she could never be the Owner of that Gown in question, and that I would stop it, and advertise it, which I accordingly did; and the Prisoner came one Evening about 7 o'Clock, (five or six Nights after the Gown had been advertised) and she was then a little better dressed; she asked for the Gown that I had advertised: I looked her full in the Face, - Why, says I, you are the Woman who brought it here! Yes, says she, I am so, and what then? Why then I will stop you; but before I could get from behind my Counter she was gone. I pursued her, but being in my Slippers, and the Ground being slippery with the Snow, she out ran me, and got clear off. I heard nothing of the Owner of the Gown, till a Fortnight or three Weeks after; and then the Prosecutor came and claimed the Gown. I did not shew it him, at that Time, but bid him go to Mr Oldfield's , (the Constable) in Tavistock-Street, and if he made his Property in it appear, I should be glad to return it to him. After we had been at the Constable's, we went before Col. De Veil, and there they described the Gown so particularly, that the Colonel said, it plainly appeared to be theirs, and 'twas pity they had not taken the Thief. In about six Hours afterwards, they did take the Prisoner, and brought her before
the Colonel, where she owned she had stole the Gown. She acknowledged the same at Mr Oldfield, the Constable's House. I think this is the very Gown the Prisoner brought, and which I stopped: 'tis worth 10 l. and I verily believe it is the same.
Isabel Carr . When the Prisoner brought the Gown to pledge at Mr. Coxon's , she said she liv'd at the three Nuns , a Linnen-Draper's, in Holbourn , and that the Gown was her Mistress's, who lived there, and her Name was Jackson . I went to enquire for this Jackson at the three Nuns, but no such Person lived there. When the Prisoner was before Colonel De Veil, she owned she had stole it, and wished she had over looked it. - That was the Expression she then made use of. Guilty .
206. + Mary Taper alias Huntley , of St Giles in the Fields , was indicted (with James Dixon and John Parsons , not yet taken) for assaulting Robert Fellows on the King's Highway, putting him in Fear, &c. and taking from him a Cambrick-Stock, value 3 d. a Silver-Clasp, value 2 s. 6 d. and 5 s. in Money , March 4 .
Robert Fellows. About the third of March last, - I can't tell exactly the Day, - the Prisoner stepped up to me, as I was going along the Street, over against St Giles's Church , about half an Hour after eleven at Night; she took me about the Neck, with one Hand before, and the other behind, and got away from me my Stock and a Clasp. I saw nothing of her till she came upon me, and being surprized, I turned short upon her, and then two Men came up to me, and struck me on the Breast, and knocked me down. I don't know who the Men were, but one of them struck me down with a Blow he gave me on the Breast. When I was on the Ground, they turned out one of my Pockets, and took my Money, - 5 s. I am sure I lost, I believe I had more. The Prisoner, I am positive, is the Woman that came up to me first, for I had seen her at a House where I had been drinking that Night, and she would have come into my Company, had I not refused her.
Prisoner. Ask him, if he was not disguised in Liquor; and whether I did not make him leave his Watch, at the House where he treated me with two half Pints of Wine?
Fellows. The Man of the House told me, he would have me leave my Watch with him when I went away, because there was a Woman in the House who was just come out of Newgate *, but
Prisoner . Ask him, whether he and I were not at a Place together, where we had four Quarterns to Girl and whether he did not give the Clasp into my Hand, and say, - as I was a good honest Girl , he would give it me, for perswading him to leave his Watch behind him?
Fellows . No; I never drank with her in my Life .
Prisoner . He had but 6 d. about him, and that he spent with me; ask him, if he did not desire me to lead him home, because I would not stay with him all Night, and whether he did not say before Colonel De Veil, that he neither knew where the Robbery was committed, nor whether the Clasp was taken off his Neck, or out of his Pocket?
Fellows . It was taken off my Neck; and I said the same before Colonel De Veil, that I have said now.
Susan Brown . I was coming past St Giles's Church the third or fourth of March, between 11 and 12 o'Clock, and saw the Prisoner's Hand about the Prosecutor's Neck: I had seen him before, and was acquainted with the Prisoner, and the other two Men. After she had taken her Hands from his Neck, Jack Parsons and James Dixon came up, and knocked him down in the Dirt. I saw this, but I was afraid to speak then for fear of having my Brains knocked out. But the Prosecutor coming next Day to the House, where he had left his Watch, I told him what I knew, and went with him before Colonel De Veil, where I gave the same Account I have given now.
Prisoner. Ask her, whether I did not see her, next Day, in the Constable's House; whether I did not ask the Prosecutor there, if he knew who robbed him; whether the Prosecutor did not say, No; and whether she did not point to me, and tell him, I was the Person? She has a Spite against me, because I once served a Warrant upon her.
Brown . She never served a Warrant upon me in her Life: Mr Fellows said he knew her, the Minute he saw her, and said she was the Woman. I only told him then, that I had seen her use him ill. I saw the Prosecutor in the House, that Night he was robbed; he had been drinking, but was not in Liquor, - he was not drunk.
Clasps, which I got the Night before, and a little Money with it. She told me she had picked a Man's Pocket, the Night before , so I went with her to sell the Clasps, in Drury-Lane . She said at first, that she had picked a Man's Pocket, and afterwards she said, she got the Clasps off, with the Stock.
Prisoner. As he had given me the Clasps on Saturday Night, and had fetched his Watch on Sunday from the House where he left it, I thought I should never see him again, so I got this young Woman to go with me to seil them on Monday.
Fellows. They are mine: they were taken from me at the Time I have mention'd. Acquitted .
207. + Edward Jones , of Ealing , was indicted for stealing a pair of Iron-Stilliards , used in weighing Hay, value 6 s. and a horn Lanthorn, value 12 d. the Goods of Charles Ward , in his Stable , Mar. 3 . Acquitted .
208, 209. Robert Woodford , and Robert Wickins , of St Giles's in the Fields , were indicted for stealing a Pair of leather Pumps. val. 1 s. and 6 d. two Mens leather Shoes, value 3 s. and two Womens ditto, value 1 s. the Goods of Thomas Hewitt , March 10 . Both Guilty .
210 + John Collet , of Pancras , was indicted for assaulting Mary Curtis , in a certain Field, and open Place, near the King's Highway, putting her in Fear, &c. and taking from her 12 Pence Halfpenny , April 7 .
Mary Curtis. Last Easter-Monday , about 12 o'Clock at Noon, I was walking between Hampstead and London , and the Prisoner came up to me in a Field, joining to Fig-Lane , and ask'd me for some Money. I told him, I had but a Shilling to pa y my Coach-hire, and I pulled out a Shilling, and a Halfpenny at the same Time, which I gave him, and then he went off. He had something in his Hand, which surprized me, (being alone) tho' I can't tell what it was: he presented nothing to me. I was 'frighted because I was alone, and had a Guinea about me, and more Shillings: but he did not threaten me with any Words, nor did he lay Hands on me; and there were People passing along in every Fields, but this. - I can't say the Prisoner is the Person; but a Man saw him with me, and pursued him, and took him. The Man who saw
William Staples . This young Woman and my Master were walking together from Hampstead, and just before they came to this Field they parted, and she went down the Field. I was upon the Shafts of my Cart, driving towards London, and saw a Man run up to the young Woman in the Field: she drew back, and he followed her: and I saw her put her Hand into her Pocket, and give him something. Then I jump'd off the Copses of the Cart, and made up to her. When I was come within 20 Yards of her, I asked her if the Man had not robb'd her? She said, yes: upon which I desired her not to be frighted, but to make over to the Houses, and I would bring the Man back to her. I pursu'd the Prisoner, and he took to his Heels, and ran up the the Field, into the Road that goes to St Giles's, and from thence into another Field, and as he was getting over a Bank, I saw another Man, and called out to him to stop the Prisoner. The Man caught hold of him, and collared him immediately: He struggled to get away, but I got up to his Assistance in a Minute, and told the Prisoner, he must go back to the young Woman, for I did not know what he had taken from her. The Prisoner is the Man; he is altered in his Dress now, but I remember his Face particularly well.
Q. to Curtis. Did not you apprehend you was robbed at that Time?
Curtis. I did give him a Shilling, and desired him not to follow me. - I gave it to him.
Staples. He had no Pistol about him when we took him, but he had a Tinderbox made in the Shape of a Pistol, and a Gardener's Knife naked in his Pocket: and when we took him, we carry'd him to a publick House, where the young Woman swoon'd away several Times at the Sight of him. - We had much ado to bring her to herself.
Curtis . I was more surprized when he was taken, than I was before.
Jury. What did the young Woman say concerning the Prisoner, when she recovered out of her Fits?
Staples. She told us the Prisoner came up to her, and asked her for some Money: that she put her Hand into her Pocket, and dropped a Halfpenny; and that she afterwards pulled out a Shilling, and gave it him; and that he told her, if she would not give him the Money, he must take it.
Curtis. Yes, my Lord, he did say so.
Jury. How came you not to say so at first?
Curtis. I have not been apply'd to; - I should be sorry to take a Man's Life away.
Jury. Was the Prisoner in Liquor at that Time? (To Staples.)
Staples. No: he told us he had neither eat nor drank that Day; till we took him to the Publick-house, and there he drank Part of two Pots of Beer. When the Constable came, he asked him if he had the Money about him? He said no, he had flung it away; but when he was before the Justice he was searched, and a Shilling and a Halfpenny were found upon him, and 18 Pence which was given him at the Adam and Eve Alehouse .
John Wilden . I happened to be in the Field where the Prisoner cross'd the Bank: after he had got over, he hid himself under some Brambles; I got up to him, and he said, - Pray let me go! Yes, said I, when the Man comes that followed you, and I have known what you 've done. So I held him by the Collar till Staples came up, and then we carry'd him to the Alehouse, where the young Woman was, and she told us, that was the Man, who had taken a Shilling and a Halfpenny from her, and as soon as ever she saw him, she fell into a Fit. He did not appear to be in Liquor, for he said he had neither eat nor drank that Day.
Prisoner. I had a Wife who lay-in, and was starving, and I begg'd this Money out of Charity. It is not consistent with Reason, that I should attempt to rob her in the open Day, and while so many People were passing and repassing . If I had intended to have robb'd her, I should have taken a properer Time and Place. Acquitted .
Wych-street , Drury-Lane . This is the Fan: I found it at a Pawnbroker's in Russel-Court, where she said she had pawned it. I know it to be mine.
A Witness . I went with the Prisoner, to fetch the Fan out of Pawn, where she told us, she had first pawned it, and then sold it outright for 4 s.
Prisoner. I have nothing to say against my Master. To be sure, he has spoke the Truth. I lent the Fan to a Creature I was acquainted with, who promised to bring it me again the next Day; but she did not: and the Fan not being asked for, she perswaded me to sell it outright. When my Mistress taxed me with it, I told her I would speak the Truth, and she promised to do me no hurt; I accordingly informed her where the Fan was, and said, I was afraid I could not get it again, because it was sold. I never had but one Half-Crown from my Master in my Life, and never wronged any one of a Pin's-point before. Guilty 10 d.
Robert Mitchell . This is the Gun: I found it in the Prisoner's Lodgings, at the Crooked Billet, in Plumbtree-street, St Giles's, with the King's Arms, and G. R. all filed out. It belonged to Colonel Hougham 's Company in which we are Soldiers , and 'twas lost last Monday was 3 Weeks. When the Prisoner was carried before Colonel De Veil , he owned he took it out of the Passage by the Savoy, where this Man (the next Witness) had left it, and carried it into a Stable belonging to Captain Howard. It was only reared up against the Wall, in the Passage, while the Man (to whose Custody it was committed) went into the Savoy to see a Friend, and when he came back the Gun was gone. The Prisoner did not pretend to say he thought it was lost, or that he found it, but said he took it out of the Passage, and was to have sold it to a Man in the Country for 15 s. but the Man would not have it, unless he would file all the Marks out of it.
John Champion . This Firelock was committed to my Care, by the Officers of our Regiment: and wanting to speak with a Friend in the Savoy I left it in the Passage, and stepped in, for about a Quarter of an Hour. I reared it up against the Wall, when I went in, but when I came out, it was gone. I did not stay above half an Hour in all. This is the Firelock I lost; the Marks are all filed out of it, but there is one in the Ramrod still, and I can swear it is the same. After we had given out Bills, and offered a Crown reward to any one, who would help me to it again, we found it in the Prisoner's Lodgings, while he was abroad; so I had no Discourse with him about it, nor heard him say any thing concerning it, until we came before Colonel De Veil, and there he said he had found it in the Passage by the Savoy. The Justice asked him why he filed the Marks out? He told him he was to have sold it to a Man in the Country, and the Man would not buy it, unless the Marks were taken out. I reared it up in the Passage, while I went in, because no Soldier is allowed to carry Arms with him into the Savoy.
Prisoner. When did you lose this Firelock?
Champion. The 6th of March last.
Prisoner. It was after the 11th of March when I found it: and as I was going into the Country, I enquired among the Barracks if any of the Soldiers had lost a Firelock; but I did not care to have it cried, for fear it should have been owned by somebody it did not belong to. As to the Marks, I know nothing of their being filed out. My Wife was ill, and I got a Woman to look after her; and this Woman's Husband (who is a Soldier) coming to my Room to see her, he looked at the Firelock, and went to these Men and told them where it was, and so he got the reward for discovering it. Guilty .
John Cable . Last Saturday was a Fortnight, I lost 20 s. and I suspected the Prisoner, because she had bought herself some Things in Rag-Fair, - that Gown upon her Back, in particular. So I took her up, on the Monday following, and when she was before Justice De Veil, she confessed she took 20 s. of my Money out of my Box, and told the Justice there was one Half-crown, and all the rest of the Money was in Shillings and Six-pences. The Money I lost was in such Pieces, in a Box which I put in a Cupboard.
Prisoner. I don't know what Questions to ask him; I know nothing about his Money. He charges me with taking it, because he saw I had got this old Rag of a Gown upon my Back, and
Cable. When she made this Confession, she returned me a Shilling of my Money again. Acquitted .
214. Mary Candy ,* of St James's, Westminster , was indicted for stealing a Linnen-Shirt, value 2 s. a Shift, value 12 d. a Sheet, value 6 d. a Linnen-Cap edged with Cambrick, value 6 d. two Linnen-Caps lac'd, value 12 d. and several other Things , the Goods of Patrick Inwood , March 15 .
* Mary Candy was convicted last September sessions of simple Larceny; and was whipt. See her Trial, No. 464. p. 143.
Patrick Inwood . On Saturday the 15th of March last, between 6 and 8 in the Evening, we lost some Linnen off the Lines in the Yard, and the Monday following, my Wife met the Prisoner in Saville-Street, (in our Neighbourhood,) with some Things upon her, which made her suspect she was the Person who had robbed us. So we took her before Sir Edward Hill , and the Shift upon her Back, proved to be my Wife's. She delivered us some other Linnen at the Justice's but many other Things she said were at the Pawnbroker's; we enquired for them, according to her Directions, and found the Sheet, and nothing else. When she was before the Justice, I found he knew her; for he said she had been brought to him twice before.
Jury. Where is your House?
Mrs Inwood . Two Days after the Robbery I met the Prisoner in Saville-Street, and she having some of my Linnen on, I knew the Things were mine, and had her before Sir Edward Hill. He ordered her to return my Goods, and we found upon her, an Apron, two Handkerchiefs, and a lac'd Mob, and a Shift; the Apron, and the Handkerchief, I had from her at the Justice's House, and she was to pull off the other Things when she came to New-Prison, but we got no more from her, than what were restored to us before the Justice. She owned she went into the Yard and took the Linnen, but she said, she was in Liquor, and knew not what she did: - When I first saw her in the Street, she was standing at a Gentleman's Door to hear some Musick, and as I passed along, I observed she had got my lac'd Mob upon her Head; upon which I taxed her with having stole them, and knew all my other Linnen, which she then had upon her. She owned she had pawned the rest of the Things, and I would have brought the Pawnbroker here, but he is gone out of Town.
Prisoner. I did not take these Things: they were brought to me by another Woman: but the People who were to have proved it are gone down into the Country. Guilty .
215. + Elizabeth Evans alias Evans , of Ealing , was indicted, for that she being big with a Female-Child, the said Child, she secretly, and alone, (by the Providence of God) did bring forth alive, and which Child by the Laws of this Land was a Bastard: and that she not having God before her Eyes, &c. as soon as the said female Bastard-Child was born, in and upon the said female Bastard - Child did make an Assault, &c. and with both her Hands, her, the said Bastard-Child, in a certain Linnen Handkerchief, value 1 d. did wrap and fold, by Reason of which wrapping, and folding, the said Bastard-Child was choaked and strangled, of which choaking and strangling it instantly died , February 9 .
She was a second Time charged by virtue of the Coroner's Inquest for the said Murder.
Sophia Claxton . The Prisoner and I lay together in the same Bed: she complained of a Pain in her Limbs, and kept her Bed for three Days. I can't tell the Time exactly, when this happened, but one Night, I came home and went to Bed, after I had been out all Day hard at Work; the Prisoner in the Night got upright upon her Knees in the Bed; and I asked her, what she was doing? She told me, she was making use of the Pot. In the Morning I got up to go to my Work, and because the Prisoner had been restless all Night, I innocently went to put the Clothes upon the Bed, to cover her; and under her Gown I saw a Handkerchief; and in the Handkerchief I found a Baby wrapped up. I asked her, why she did not call for Help, when I asked her what she was doing, but she made me no Answer
Elizabeth Holman . I am a Midwife and I was sent for about two Hours after the Woman was brought to Bed. I examined the Child, and found it at its full Growth, but it was dead when I saw it, and I can't take upon me to say, whether it was born alive or not. I did not observe any Hurt or Bruise upon it. This was in the Time of the hard Frost; I can't tell what Day it was exactly. After I had seen the Child, I asked, how she came to kill it? She said, she did not kill it; she found it dead, and therefore laid it away from her; and before she would have killed it, she would have gone a-begging with it. I desired her to tell me who was the Father? She said, she could not tell who it was got it, nor where he was, for one of the Men was gone twenty Miles, another thirty, and another four Miles off.
Elizabeth Pearce . The Prisoner lived a Year and a half in my House, and I never saw any Harm by her in my Life; she always kept good Hours, but as to this Fact, - I did not know she was with Child, nor that she was brought to Bed, till Claxton, (the first Witness) came down Stairs in the Morning, and told me what had happened. I asked her, how she came to be so naughty? - And she made me no Answer at all.
The Prisoner had no Witnesses to call; and, in her Defence, only said she did not murder it.
The Jury acquitted her.
216, 217. + John Sharpless, other wise Sweep , and William Disney *, of St Mary Whitechaple , were indicted for stealing 18 Yards of checqu'd Linnen, val. 13 s. and 6 d. and 5 linnen Handkerchiefs, value 3 s. the Goods of Sarah Skinner , Spinster , in her Shop , Dec.17 . But now Sarah the Wife of Samuel Sumpner .
Quantity, nor who took them, nor the exact Time when I lost them. I miss'd them from the Shop, and remember they lay at the End of the Counter.
Richard Hooper . The two Prisoners and I went out one Night between 6 and 7 o'Clock to see what we could get; and going up Red-lion-street, we saw this Woman's Shop. Disney and I went in, and asked for a Halfpenny-worth of Sugar-Candy, - 'tis a linnen Draper's Shop on one Side, and a Sort of an Oil-Shop on the other, in Red-lion-street, they call it Goodman's-fields. While an old Woman (who was in the Shop) was serving us the Sugar-Candy, Disney took 5 linnen Handkerchiefs, and I took two Rolls of checqu'd Linnen, and I gave them to Sharpless, who stood to watch on the other side of the Way. Disney carried the 5 Handkerchiefs to one Jane Johnson , and sold them for Half-a-Crown. The Checque we sold for 7 d. a Yard. There were 15 Yards in one Piece, and about 22 in the other.
Prisoners. From what part of the Shop were they taken?
Hooper. They were taken off the Counter, - from one end of the Counter; Disney and I were in the Shop, and there was none but an elderly Gentle woman in the Shop, when we took the Goods.
Sumpner . I had an old Woman (a Quaker) in the Shop to look after it; she is above fourscore Years old, and is now taken ill, and consined to her Room. I miss'd the Goods the same Night they were stole, but I never heard any Thing of them, till this Evidence impeached the Prisoners, and then Mr Justice Foulkes sent for me.
Hooper. I had been acquainted with the two Prisoners, above a Twelve month; Sharpless (we call him Sweep) is a Chimney-Sweeper .
Disney . Ask him how much the Checque, and the 5 linnen Handkerchiefs, were sold for, and where we shared the Money.
Hooper. I have mentioned what we sold them for, -
Disney . But how much did the Goods come to in all?
Hooper. We made about 6 s. 6 d. or 7 s. a-piece.
Disney. And where was the Money parted?
Hooper. Upon Jane Johnson's Bed, in her little Room: She could not give us all the Money at once, so she gave us some at one Time, and the rest at another.
+ William Disney , was a second Time indicted for stealing 2 Glass Sconces, val. 2 l. 12 s. and 6 d. the Goods of Thomas Joel , in his Dwelling-house , in the Parish of St Botolph Algate , December 20 .
Thomas Joel. I can only say, I lost 2 Glass Sconces, about the time mentioned in the Indictment, - the 20th of December, or thereabouts. I lost them from my Shop-Door in Houndsditch .
Richard Hooper . The Prisoner was with me, when we committed this Robbery. 'Twas done a little before Christmas, - about a Week before, - I believe; and 'twas in the Evening about 6 or 7 o'Clock. The Glasses were hung, one on each side this Gentleman's Shop Door: the Prisoner and I took them away, and sold them to one Mrs Barefoot, in Norman's Court , in Cable-street, near Well-Close-Square, for half a Guinea. I am positive the Prisoner was concerned with me, in this Robbery; and there was another young Man (one Irish Jack,) with us, at the same Time. Irish Jack, (who was a big Fellow,) took down one of the Glasses, and gave it me, to carry home; and while I was carrying it home, Irish Jack and the Prisoner brought the other Glass after me. I was just got in with the one Glass, when they came in with the other. I did not see them take the other Glass, but I saw them bring it home after me, and we were all concerned together. They themselves asked me to go out a-thieving with them. Guilty, 4 s. 10 d.
Joseph Gold. I am a Tallow-chandler , and live in Golden-Lane, in the country of Middlesex . On the 2d of April, I was at Work in my Cellar 'till 9 o'Clock at Night, and then I went out to get me a little Supper, and while I was absent, the Excise-Man came to take an Account of the Candles; and told me he missed 2 Sticks. We could not find out the Persons who took them, 'till about 10 o'Clock the same Night: and then the Prisoner's at the Bar and Primrose Hudson (the Evidence) came again, and lurked about the Cellar-Window. I suspected them, and ran out of the Cellar, and caught the Prisoner. I charged him with having stole the Candles, but he denied it. The Evidence ran up a Court over against my Shop-Window; but I went after him and took him too. He denied having any Knowledge of the Prisoner; but the Prisoner afterwards confessed the Fact; and acknowledged that he took the Candles, and sold them to one Stambridge in Porridge-Pot-Alley , for a Quartern of Gin and 4 Pence in Money. The Candles were in my Cellar after 9, and I missed them before 10.
Primrose Hudson . I know nothing of the Prisoner, but from my living in the same House with him. I was a-bed the Night the Candles were stole, but hearing a Noise, I got up; and as I was going down Stairs, I saw the Prisoner bring in 2 Sticks of Candles. I heard him call for a Quartern of Gin, and he agreed to sell them to the Man of the House (Stambridge) for that Quartern and a Groat in Money. The Prisoner had the Gin, and Stambridge gave him a Halfpenny; and he was to come the next Day for the rest of the Money. This was about a Month ago, I believe. - I live at Stambridge's House , at the George, in Porridge-Pot-Alley , near Old-Street-Church. Stambridge fells Liquors, but I don't know whether the Prisoner ever drank there before. He came in with the Candles about 9 o'Clock at Night, - or between 8 and 9; it was pretty late in the Evening I know, - but I can't tell the Day of the Month. Mr Gold's House is in Golden-Lane not a Quarter of a Mile from Stambridge's; I should have known nothing of the Candles, had not I got up to see what was the Matter, when I heard the Noise in the Alley, and I intended to have gone out, if I had not seen the Prisoner come in with the Candles, and heard him call for a Quartern. He told Stambridge's he had got some Candles; and Stambridge's Wife asked him where he got them. He said he got them out of Mr. Gold's Cellar. I believe there might be 4 Dozen upon the 2 Sticks. Stambridge since this Fact is run away.
Mr Justice Wroth proved the Confession of the Prisoner, which was taken the 3d of April, the Substance of which was to the following Purport. '' That he lived with his Grandfather, in Old-Street, '' and that last Night he went down 3 or '' 4 Steps into the Cellar of Mr Gold, a Tallow-Chandler
219. + Joseph Parker . was indicted for that at the Sessions of Gaol-Delivery holden at the Old-Baily, on Wednesday the 7th of December, in the 11th Year of his Majesty's Reign, before the Right honourable Sir John Barnard , Knight, then Lord Mayor of the City of London. the Right honourable Sir John Willes , Knight, Lord Chief Justice of the Court of Common Pleas, &c, &c. He, the said Parker, late of London, Labourer , was tried, for that he, on the 21st of November, one Silver Instrument-Case, value 40 s. the Goods of Rice Price, in his Shop in the Parish of St Mildred in the Poultrey, did steal, take, and carry away; and thereupon, by a Jury of the Country in that Behalf taken, was duly convicted of stealing the Goods of the said Rice Price, to the value of 4 s. and 10 d. and was accordingly ordered to be transported to some of his Majesty's Colonies, or Plantations, in America, for 7 Years, according to the Statute in that Case made and provided: And that he, (the said Parker) afterwards, to wit, on the 5th of January last, feloniously, and without lawful Cause, was at large, in the Parish of St Michael Quern , before the Expiration of the Term he was ordered to be transported for; against the Form of the Statute in that Case, &c, &c. The Counsel for the King having opened the Indictment, and the Nature of the Evidence to support the Charge, took notice, that the Prosecution was founded upon an excellent Statute made in the 6th of his late Majesty, Ch. 23. Sect. 6 & 7. That the sixth Section of that Statute, in particular, deprived Felons, (convict, and sentenced for Transportation) of the Benefit of Clergy, if they should be found at large in any Part of his Majesty's Dominions of Great Britain, or Ireland, before the Expiration of the Term mentioned in their Sentence of Transportation . That the Words of that Section were, - '' Whereas some Felons ordered for Transportation, '' according to Law, have already, and others '' may, come on Shore, and return, before '' they have been actually transported to '' America; or may break Goal, or escape before their Transportation. - Be it enacted, &c. That if any Felon, who shall be ordered '' to be transported, by this, or any other '' Act, be afterwards found at large, (without '' lawful Cause) before the Expiration of such '' Term, for which he hath been ordered to be '' transported, all such Person, or Persons, being '' lawfully convicted therof, shall suffer Death, '' without Benefit of Clergy.''
The Record of the Prisoner's former Conviction was read, and the Order for his Transportation for Seven Years.
Rice Price. I know the Prisoner: I remember his being prosecuted for robbing me of a Silver Instrument-Case, and I am very sure he is the same man which I convicted.
Couns. Where do you live?
Mr. Price. In the Parish of St Mildred, in the Poultry.
Couns. Have you seen him since his Conviction?
Mr. Price. Yes; I believe I met him last Summer, in Newgate-Street, I can swear to him. 'Twas two Years ago, since I convicted him, and I met him in the Street last Summer.
Prisoner. I never saw Mr Price, in my Life, before Wednesday last.
Burnell Rhodes. I know the Prisoner very well; he's a very remarkable Man. I saw him in Mr Price's Shop the Night he robbed him, and was present here when he was prosecuted. I am sure he is the same Man: I picked him out of 20 People at Newgate. He was convicted for stealing Mr Price's Goods, and I was here when he received Judgement of Transportation for that Matter.
Prisoner. He says he knows me, because I am very remarkable; in what Respect am I so remarkable?
Mr Rhodes. There's a particular Mark, or Impression, on his right Cheek, which Mark I took Notice of when he was convicted; - and his Voice is very particular.
Prisoner, to Mr Price. Did you observe this, Mark, or any thing particular in my Voice before?
Mr Price. I remember both that Mark on his Cheek, and his Voice, when he was tried here before.
John Stanton . I know the Prisoner; but I know nothing with Regard to his having received Sentence for Transportation. The Prisoner was at my Shop, in Cheapside, on the 5th of January last, and I detected him, in uttering a false Guinea. He came to my Shop, with another Man, to buy Goods.
Mr. Stanton . I apprehended him to be at large then; the Man that was then with him could not be his Keeper, for when I detected the Prisoner, that other Man ran away from him.
Prisoner. 'Tis a malicious Prosecution, and I am not prepared for my Trial*. And because I can't be hanged for one Thing, (Coining) I am to be hanged for another. There's a Gentleman, who has offered Money to Persons to swear against me.
* The Court upon his mentioning this, before his Trial began, informed him, that he should not be taken unprepared; and consented to part off his Trial: But before he got out of the Bar, he returned, and said, he might as well be tried now, as at another Time.
Abraham Mendez . [Turnkey at Newgate] About nine or ten Weeks ago, that Gentleman met me by Newgate, and asked me, if I did not know Joseph Parker ? I said, No. He said, you won't know him; if you'll help me to any Body that knows him I can give you a Guinea. This was ten or eleven Weeks ago: a good while before Parker came to Newgate.
Couns. to Mr. North. Have you offered Money to the Witnesses to swear against him?
Mr North. No; I have not. I have only subpoena'd these Witnesses.
Prisoner. I assure you, I never was transported in my Life.
Couns. We don't suppose you was. You are not indicted for having been transported; but for being at large, after you had received Sentence that you should be transported. Guilty , Death .
William Coleman . There was to the Value of one hundred and a half of Rags lost off Mr Anderson's Wharf , at Brentford , last Friday Night was se'en-night. I did not see them taken away myself, but the Prisoner, and another Woman, own'd they took them: they said they cut open the Packs, and took the Rags. I am a Wharfinger, and saw them upon the Wharf, and heard the Prisoner confess the Fact before Justice Venner .
Mr Anderson. The Prisoner made a Confession before the Justice. It was read over to her: She signed it, and I was a Witness to it. She signed it voluntarily, for the Justice was very tender to her, and would not compel her.
James Lover . The Prisoner, and one Mary Gunn , brought the Rags to me, that I might buy them; there was 1 hundred and 10 lb. Weight of them: they were stole on the Friday Night, and they brought them to me the Night following. I keep a Warehouse, and take in such Things, so I bought them: but I examined whose Property they were, and the Prisoner told me they were her's, and that she had been a-chairing, for a Quarter of a Year, at Richmond, and had gathered them from several Houses there, and that she only got Mary Gunn to help her to bring them to me.
The Examination of the Prisoner, dated April the 9th, was read; and was of the following Tenor.
'' Who having heard the within written Information '' read to her, of her own free Will confesseth '' and faith, that last Friday Night about '' 10 at Night, she and Mary Gunn went to Mr '' Anderson's Wharf and each of them took an '' Apron full of Rags, out of the Bags which '' Jay on the Wharf; and that they both sold '' them, the next Day, to James Lover , for 9 s. '' and 3 d. That she had 4 s. and 3 d. for her '' Share, and that Gunn had the Remainder of '' the Money. Sign'd Eliz. Mudget .''
Mr Anderson. The Rags were the Property of Henry Bullock , who keeps the Paper-Mills at Colebrook . On the Wednesday after the Goods were stole, I went to the Prisoner, and told her I had heard she had got some Rags to sell: No, said she, I have none to sell. I asked her if she had not sold some to Lover? Upon this she took me into another Room, and said she would not take it all upon herself, for Gunn was concerned with her, in taking them off the Wharf.
Prisoner. I hope you'll take my Case into Consideration, I never wrong'd any body in my Life before. Guilty .
Mr Cooke . This is the Ham the Witness brought in, and it is mine.
Thompson . When we came up with the two Prisoners, I took hold of Webb, and Ravener attempted to run away; but the next Witness pursued him, and knock'd him down; so we carry'd them before Colonel De Veil, and they said nothing at all for themselves.
Robert Hall confirmed Thompson's Evidence with regard to his bringing in the Ham again, and the taking the two Prisoners.
223. John Filgon , otherwise Filgo , of Stepney , was indicted for stealing a Tin watering-pot, val. 2 s. a wire Sieve, val. 2 s. and a Birdcage, val. 3 s. and 6 d. the Goods of Richard Russel , and a Tin watering-pot, val. 1 s. the Goods of Peter Parrimony , March 3 .
Rich. Russel . On the third of March last, I lost a Tin watering-pot, a wire Sieve, and a Bird-cage, out of my Garden, in Castle-street, behind Shoreditch-Church , in the Way to Hackney. The Garden is walled round, with a Brick-wall nine Foot high, yet we lost Things from thence. Upon missing the Things mentioned in the Indictment, we had them cry'd in eight different Places, and offered a Guinea Reward for them. At last a Gardiner at Bethual-Green gave us some Intelgence of the Things, and we apprehended the Prisoner about a Week after the Robbery; and he acknowledged he stole them all out of the Gardens at several Times. He owned he stole the Watering-pot, the Sieve, and Birdcage, out of my Garden, and had sold them to a Birdcage-maker in Whitechaple ; and according to his Directions I found them there, with a Search-Warrant. I heard him make this Confession the Night he was taken, and also the next Morning before Justice Chandler , at Hoxton ; but he would not sign his Confession.
Prisoner. I never was before a Justice before; and I told them of all the Things, and where they were, because they said they would clear me, if I would confess.
Russell. We have had the Grounds continually robbed, these three Years last past, and have lost Things of 20 Times more Value than these.
Peter Parrimony . I lost my Watering-pot out of my House, on the third of March, or thereabouts; and hearing that the Prisoner was taken up, and that he had confess'd his stealing it, I went to him, and he was asked where he had disposed of it? He told us: and according to his Direction, I found it with a Search-warrant, at one Mr Elgar's, and carried it before Justice Chandler , where the Prisoner owned he stole it.
Elgar. I bought this Watering-pot, which Peter Parrimony has owned, of the Prisoner at the Bar.
Prisoner. I never did such a Thing before: and they told me, they would do me no Hurt, and that was the Reason of my confessing it. Guilty .
The Prosecutor not appearing when call'd, the Prisoner was acquitted , and the Court ordered their Recognizances to be estreated.
The Prosecutor not appearing, the Prisoner was acquitted , and the Court ordered the Recognizances to be estreated.
Thomas Clements , late of the Parish of St Clement-Danes , Butcher , was indicted for that he not having the Fear of God before his Eyes, but being moved and seduced by the Instigation of the Devil, on the Twenty-second of February , in and upon William Warner did make an Assault, and a certain Knife, made of Iron and Steel, val. 6 d. which he the said Clements had and held in his Right-Hand, towards the said Warner , did cast and throw, and him the said Warner , with the Knife so cast and thrown, on the left side of the Belly, under the Ribs, feloniously, wilfully, and of his Malice aforethought did strike; giving to him (the said Warner). with the Knife as aforesaid, on the left Side of the Belly, under the Ribs, as aforesaid, one mortal Wound, of the Length of one Inch, and of Depth of three Inches; of which mortal Wound, from the 22d of Febr. to the 14th of April, he languish'd, and then died , in the Parish of St Bartholomew the Less , London.
He was a second Time charged by virtue of the Coroner's Inquisition for the said Murder.
John Spratley . I was talking in my Uncle's Shop (which is next Door to the Prisoner's) in Clare-Market , this Day 8 Weeks ago; and I saw the Prisoner take up a large Carver from his Stall-board, and throw it at the Deceased. This was the Carver; it struck him on the left Side of the Belly, just under the short Ribs . The Point of it took him just under the short Ribs. It made a Wound, and I saw some Blood and some Fat come through the Wound; for his Breast was opened by a Neighbour or two, who came in, after he was hurt. The deceased had given the Prisoner no Provocation at all, as I heard, - for I was but just come to my Uncle's Door.
The Knife was flung at the deceased, with as much Violence, and Force as he was able to do it, -
I don't know whether it was flung in Sport, or no.
The man died last Monday, and I have seen him since his Death; but I am not a Judge whether the Wound was the Cause of his Death.
Prisoner . Did not the Carver rase on the Stall-Board before it hit him?
Spratley . I am not sure of that. - I heard no Words pass between them. The Prisoner was sitting on his own Bench, and the deceased was sitting on the other side of the Shop, by the Door-Way.
Susanna Whitcomb . I have Part of the same Shop, which the Prisoner occupied. I have one side of it, and he has the other. The Prisoner had a fine Tongue, which lay on the Stall-Board, and a Gentlewoman came by, and cheapened it. The Deceased told her it was bespoke: and the Prisoner said, - it was not sold. The Deceased told him it was already sold to a Customer, and was to be sent home, but the Prisoner still insisted that it was not sold . My Head was down at the same Time, and they changed about half a dozen Word, and then I immediately saw the Knife stick in the Side of the Deceased's Belly. The Deceased took it out himself, and then fell down on the Ground, and I ran and called his Wife. The Knife was ly ing near the Prisoner, before it was thrown at the Deceased, but my Head being down at that Time, I did not see the Prisoner throw it. I happened just at that instant to be stooping down for something, and when I lifted up my Head, I saw the Carver sticking in Warner's Belly. The Prisoner and the Deceased were about three Yards asunder, and the Knife was but just come home from the Grinder's, and lay near the Prisoner.
Anne Phillips . I was standing at the next Shop to the Prisoner's, and saw him take up the Carver and throw it at the Deceased, and I went immediately to him, and saw it stick in his Left-Side. I can't tell whether any Words had passed between them, for I had but just turn'd my Head that Way, when I saw the Carver fly. I heard no Words pass then, before it was flung, The Prisoner flung it at the Deceased with great Force, and I believe it did grate upon the Stall-Board before it struck the Deceased. The Prisoner was about 2 Yards from the Deceased , when the Carver was flung, and it stuck in his Belly, as he was standing at the Corner of the Door.
Prisoner's Q. What Part of the Knife hit upon the Stall-Board?
Phillips . I can't tell that; but I saw it fly with a great Force, and saw it stick in his Belly: then I was frighted, and ran away, so I did not observe the Wound.
Prisoner's Q. Did not the Deceased and I use to drink together?
Phillips. Yes; and I never heard them quarrel.
Ann Leavers . I saw the Carver sticking in the Deceased's-Body, but I can't tell who flung it at him, nor did I hear any Words pass between them, before it was thrown: but I saw the Deceased pull the Knife out of his Belly, and both Blood and Fat came out at the Wound.
Prisoner's Q. Were not the Deceased and I Friends? And had not we been drinking together?
Leavers. I can't tell whether they were Friends or no: nor whether they had been drinking together, before the Fact.
Prisoner's Q. Were not I and the Deceased intimate together?
Turner . Yes; and I have been often Times drinking with them both; but I don't know whether they had been drinking together that Day. I did not see the Stroke given; but I undid his Clothes, and saw the Wound, and that the Caul came out, and then I came away directly.
Ann Warner , the Deceased's Widow. I was in my Room the Day this happened, and Murder was called three Times at my Window, and my Child came running up Stairs to me, and said - My Father is killed! Who, Child, says I, would kill your Father! But People still crying out, Murder! I came down Stairs, and asked, who had killed my Husband! Mrs Whitcomb said, - that Man there (the Prisoner). Where is my Husband, I cry'd! They told me, he was gone to Mr. Biggs's the Surgeon: and I ran away before him, to get Mr Biggs's People to have the Door open against he came. These are my Husband's Clothes; here are two Coats, and a Flannel-Waistcoat; this is the Shirt; he had all them on that Time, and here are the Holes thro' them all. Here is the Handkerchief, with which he wip'd his Hands. They all appeared very bloody.
Thomas Dimmock . The Day this happened, I was at the Feathers Alehouse , and the Deceased came in, and asked for six Penn'orth of Halfpence for his Mistress (Mrs Clements ). He told me, he had just done his Work, and would come and spend three Halfpence, and smoak a Pipe with me. Upon this he went out of the Alehouse with the Half-pence, and presently John Loop came in, and said - Warner was murder'd. Upon hearing this, I ran out, and found the Deceased stooping on Mrs Whitcomb's Stall-Board. I asked him, what was the Matter! He cry'd, - O Lord! Lord! I am murder'd ! Who has murder'd you, said I! He answered, - Tom Clements . This was not above two Minutes after he went out of the House, with the Halfpence.
Jury. Did your hear of any Quarrel having been between them?
Dimmock . No; I heard of none. I have known them both for a considerable Time, and they and I have drank several Times together. The Deceased drank with me the Minute before he went out of Doors.
Prisoner's Q. Was there not a Friendship between us?
Dimmock. As for their Friendship, I know nothing of that. I never saw any Quarrels between them; especially if the Prisoner was sober; when he was drunk, he would be jarring with him. The Deceased was a meek Man at all Times, as far as I have seen; but the Prisoner used to jarr with him, when he was in Liquor. - Mrs Whitcomb's Shop, and the Prisoner's, are both in one: She has one Side, and he has the other. When I saw the Deceased, (after he was wounded) he was leaning on Mrs Whitcomb's Stall-Board, near the Door, and the Prisoner was fitting on the other Side of the Shop, about two Yards off from the Door.
Thomas Boulter . I was sitting in the Feather's Alehouse , and the Outery coming, that Clements had killed Warner. I ran out, and saw him leaning on his Belly, in Mrs Whitcomb's Shop; and I looked on his Body, and saw something like Fat, about the Bigness of an Egg, came out of the Wound.
I served my Time with the Prisoner, and he was as good a Man, as any in the Neighbourhood: I can't think what the Devil perswaded him to do such a Thing. He was well enough when he was sober, but when he was drunk, he used to be troublesome. The Deceased and he often drank together in Friendship. I keep a Shop now next Door to the Prisoner.
Elizabeth Allen . I saw nothing of the Accident. - What I have to say is something the Prisoner declared, after the Fact was done. When the Deceased was carried to Mr. Biggs's (the Surgeon's) the Prisoner came to me, as I was coming thro' the Entry, and said, Damn you, - I would do it. This was after the Deceased was carry'd to the Surgeon's He came a - cross the Yard, into the back Entry, and said, - Here I am, and G - d d - mn you, I said, I would do it, and I have done it. On my Oath, I heard him say it: and I answered, you have done it, like what you are; and I hope you'll have to your Deserts.
Jury. Did you call to the Prisoner before he Spoke to you?
Prisoner. Ask her if she did not speak to me first, and tell me I had killed the Man?
Allen. No; I did not: He came to me, in the Entry, and said, Here I am; I am coming; and G - d d - mn you, I said I would do it. He was coming thro' the Yard, cross the Entry towards Clement's-Lane, at the same Time; and one Hannah Jackson the Wife of Edward Jackson , a Barber, was at her own Door, cross the Lane, and heard the Words. I was at my own Door, and the Prisoner stood at the Post over against me. The Fact was done in our House, where we all live together. The Prisoner lives up two Pair of Stairs, and I live up one Pair.
Prisoner's Q. Was you examin'd before the Coroner?
Allen. No, I was not. I was before Colonel De Veil, but I was not examined.
Prisoner's Q. Is Hannah Jackson here?
Allen. She lives at the Barber's Pole, in Clement's-Lane, but she is not here.
Mr Biggs, Surgeon. About eight Weeks ago, - I believe it was this Day eight Weeks, - I was coming to my Door, and saw about two or three hundred People in the Yard. I thought there might have been some Quarrel, and so I would have passed by, but some People in the Croud knew me, and would not let me. When I came in, I saw the Deceased sitting in a Chair, and my Man was stitching up the Wound in his Belly. The Teguments of the Belly were pierced through, and the Caul appeared. I saw my Man had stitched up the Wound properly, and as the Deceased was a poor Man, I advised them to carry him to St. Bartholomew's Hospital, where there would be more Care taken of him, than any poor Man can have, in his own Habitation; and it happened to be my Week to attend there. Accordingly he was carried thither; and three Days afterwards, I found the Parts inflamed; the Man was in Pain, and restless, and I was afraid of him. I then observed a great Quantity of Matter, which had pressed out between the Muscles, and the Skin, and that it was likely to be licked up in the Blood; I therefore opened it about three Inches, and after this, the Wound healed kindly, and the Deceased made no Complaints. Where the Deceased was wounded, there was nothing farther to hurt but the Guts, and in this Case there was no Part wounded which was mortal: For if the Guts had been wounded, I should have found it out, by Cholick and Reachings. I did think at first, that some Gut might be prick'd, and that a Mortification might ensue; but afterwards I found, that for three or four Days he went to stool regularly, and complained of no Cholick, or Inclination to reach, and I was not afraid of his doing well; for the Wound healed up, to the Compass of a silver Penny. The Wound that I had made, was not through the whole Integuments , but only between the Skin and the Muscles; and after about a Fortnight, I apprehended the Man was out of Danger; and I was teized to make an Affidavit to that Purpose, that the Prisoner might be bailed: But I deferred it for three Weeks; and after about five Weeks I was under no Apprehension, that he would not do well; for there was no Matter came from the Wound to wet the Lint; and it was dressed lately with dry Lint. Then I made an Affidavit before Colonel De Veil, (about three Weeks ago) that I apprehended he was in no Danger from his Wound. But about four Days afterwards, I observed him to sink and waste; tho' he made no Complaints, and there was no Fever. When I asked him how he rested, he only complained of the Noise of the Persons in the Ward. When I first saw him, he appeared to me to have a bad Habit; and when I went to the Market, I enquired, and found that both he and the Prisoner had been given to drinking; and when a Person has been addicted to drinking, Things not fatal may turn so. Our Mens Wards are close, and confined, and we have been (during the severe Season) fuller of Patients than is convenient; and I apprehended, that as Butchers live in the open Air, the Cause of his Alteration might be attributed to the close penning him up. At last the Wound grew slabby, as Wounds do when the native Heat is gone; but it is a nice Point to determine whether the Wound was the Occasion of his Death. I take it not to have been the immediate Cause; but consequentially, by confining him to his Bed, and by keeping him in one Posture.
Q. Is it your Opinion that he would have been dead by this Time, if he had not received this Wound?
Mr Biggs. I can't say that. I was apprehensive, that as we were forced to expose the Body of the Deceased, he might get cold; and I observed him to be low-spirited; but they did not give that Notice to the Coroner, which they should have done, so it was impossible to make the Discoveries we otherwise should have done. I do believe the Wound contributed to his Death; and I have seen Trifles of Wounds contribute to a Man's Death: I have known a Pin in a Man's Coat, to prick his
Prisoner's Q. As I understand you, you say the Wound originally given was not the Cause of his Death; and did not you say, the Deceased was so far cur'd of the original Wound, that there was not above the Breadth of a Silver Penny that penetrated into the Cavity of the Belly?
Mr Biggs. Yes; - the Man seemed to me, to be of a sallow Complexion, and an ugly Constitution; and I heard he had been a very hard Drinker. He was in our Hospital, from the first Day, to the Day of his Death: for in all accidental Cases, Patients are taken in, at any Hour of the Day. - As to the Decay of Strength in the Deceased, it might be occasioned by some Matter, which might be licked up with the Blood in it's Circulation; and the Wound, in Consequence, might be the Occasion of his Death. I saw a Man the other Day, who had a Cut upon his Cheek, and a hallow Wound was made; the Matter was lick'd up by the Blood, in it's Circulation, and was thrown upon the Lungs, and he pin'd away, and fell into a slow Fever.
Prisoner's Q. Then a Cut upon a Man's Finger, may be consequentially the Occasion of his Death; how deep was this Wound?
Mr. Biggs. It penetrated the Cavity of the Belly, and then whether it went 3 or 4 Inches, it was no Matter, provided it did not wound the Guts. When we cut, to reduce the Guts in Ruptures, we cut thro' all the Cavities; and if we take off Part of the Caul, we tye it up, and People do well. Had any principal Part, in the Deceased, been wounded, the Symptoms would have appeared at first: but he went on well, for 5 Weeks. The Wound was not throughly cur'd, but it was cur'd to the Bigness of a Silver Penny: and such a Wound if given to 20 Persons, of an healthy Constitution, 19 of them might be cur'd, unless there were any concurrent Causes to the contrary.
Prisoner's Q. Had you ever any Conversation with the Deceased about this Accident?
Mr. Biggs. We only ask Questions of our Patients, which may relate to their Cure; - we never ask them any other Questions.
Prisoner's Defence. The Deceased for several Years has cut up my Meat, and we commonly drank together, 3 or 4 Times o'Day. I never had any Malice against the Man, but supported him all that lay in my Power.
Ann Stonebank . I knew both the Prisoner and the Deceased; I have known them both many Years; ever since I was a Child in the Market, I never heard of any Quarrels between them, but I was little acquainted with them otherwise. On the Twenty-second of February, when this Accident happened, as near as I can guess 'twas that Day, Warner (the Deceased) came to my Shop, and asked me what Beef I would have cut? Billy, says I, I can't tell; and so he fell a talking to me about my little Boy. I said, Billy, you seem to have drank more than you have bled to Day. So I have, said he, for my Master Clements and I have had 2 or 3 Drams together; but I will go and see what Beef he will have cut to Day, and then I will go home to Bed: and immediately after this, I heard of the Accident. When the Prisoner is sober, he is a very sober Man, but when he's drunk, he is like a Mad-Man.
Prisoner's Q. What do you mean, by being like a Mad-Man?
Stonebank . That is, he hardly knows what he does. I never knew him but doing all the Good he could; and he would treat every Body he come near, not knowing what he does, but as good natur'd a Soul, as any Body could come near.
Mary Huntsfield . I don't know the Prisoner. I am the Nurse in the Ward where the Deceased died. He neither desired the Prisoner might die, nor did he ever forgive him: He said, he had been drinking the Day this Accident happened. Mrs Clements, (the Prisoner's Wife) took a great deal of Care of the Deceased till he died, and let him want for nothing that he had a mind to. I never saw a Wound look fairer than the Deceased's, till about two Days before he died.
Mary Hammond . I have known the Prisoner many Years; I likewise knew the Deceased. On the 22d of February, (when this happened) the Prisoner and the Deceased had been at Dinner together at the Feather's Alehouse , and there appeared to be no Difference between them. The Prisoner was much in Liquor, and eat no Dinner at all. The Deceased cut a Piece of Mutton, and put it on a Piece of Bread, and went directly to the Prisoner's Shop to eat it. No Words passed betwe en them; and this was not an Hour before he was killed. The Prisoner is as peaceable as can be, when he's sober, but when he's in Liquor, - I can't say any thing so it.
Hammond. He does Things out of the Way: nothing at all of this Kind. I can't recollect any thing in particular.
Robert Thomlinson . I know Clements (the Prisoner) to be a very civil Man when he's sober; but when he's drunk, he is like a Madman; he knows not what he does, but behaves like a Madman. I can't say I ever saw him do any Mischief . - I was at the Hospital to see the Deceased; but he did not say any thing how the Accident happened; he said, God Almighty forgive him: I do; for I would not have him hanged if I die.
Elias Pritham . I know the Prisoner, but I know nothing of the Accident. The Day it happened, the Prisoner, the Deceased, and his Wife, dined together at the Feathers Alehouse, in Clare-Market, and they had three or four Pots of Beer together at Dinner, and I saw no Quarrel between them. The Deceased went from the Alehouse to the Prisoner's Shop, once or twice, and came in again, and drank; and after they had been at the Alehouse about an Hour, or three Quarters of an Hour, they paid the Reckoning, and went out together. I never heard them quarrel; I took them to be Friends. When Clements is sober, he is a civil Man; but when he is drunk, he is crazy: but I never knew him do any thing like this in my Life.
Prisoner. Did not I always do every Thing to support Warner, and his Family?
Pritham. I believe he gave him something sometimes; but not always. I have seen him give the Deceased a Joint of Meat at a Time.
Henry Birt . I know both the Prisoner and the Deceased. The Deceased often worked for me, and behaved as an honest, civil, quiet Man. I heard of the Accident after it happened, and when he was in a fair Way of doing well, (which was about three Weeks afterwards) I went to see him, and asked him, if he could drink? He said, he believed he could; and I gave the Nurse Money to get him half a Pint of Wine: but I came away before he drank it. He then complained of the Noise of the People in the Ward. I never knew Clements do an ill Thing in my Life, and have heard Warner say, his Master was kind to him.
Joseph Urby . I have known Clements these ten Years, and never heard a misbehaving Word from him in my Life. I used his Shop, and he treated me always civilly. I am a Victualler, and he has drunk at my House many Times, and always behaved peaceably and quietly. I have likewise drank with him several Times at other Houses about Clare-Market. I visited Warner in the Hospital, and was ordered by him to be one of the Prisoner's Bail, because he liked me. I asked him, if he wanted Wine, or any thing else? He said, Mrs Clements sent him Wine, and Eating, and whatever he desired, to the Hospital: and I have seen Wine there, which he said Mrs Clements had sent him.
Robert Stonebank . I have known the Prisoner many Years; and I knew Warner the Deceased. They were both well acquainted together, and very good Friends: I never knew of any Quarrel that was between them, They were always very friendly; and if Warner asked Clements at any Time for a Pint of Beer, he used to give it him. The Prisoner was one of his Masters; and the Deceased worked for me, as well as for Clements. Clements, the Prisoner, was a sober Man, - but when he was in Liquor, he was a quarrelsome Man: I can't say, (of my own Knowledge) that he ever did any Mischief.
Matthew Hobbs . I knew both the Prisoner and the Deceased: I was a Tenant to the Prisoner, for 7 Years within a Fortnight or three Weeks. He behaved handsomely, as a Neighbour, - or any thing of that Kind. As to his Character, 'tis that of an honest Man; but when he gets in Liquor, he is apt to be passionate; but I never knew him do a mischievous Thing in my Life, and I have been 15 Years in his Neighbourhood. I know nothing of the Accident.
Peircey Harding. I have known the Prisoner about twenty Years; I have seen the Deceased, but I had no great Acquaintance with him. I live in White-Cross-Street, but I have been in Clare-Market three or four Days in a Week, and never knew but the Prisoner was a very quiet Man. He always behaved quietly and civilly to me, and to every one else, as far as I know.
The Jury found the Prisoner Guilty , Death .
John Hyde , of Harmonsworth , was indicted for assaulting William Austin on the King's Highway, putting him in Fear , &c. and taking from him, 7 s. in Money; a Piece of Silver Coin, value 6 d. and a Piece of Copper Coin, value 1 Farthing , March 7
William Austin . I take the Prisoner to be the Man that robbed me - I believe he is the Man that was in Company with Moore*, who robbed my Master, (Mr Freeman) on Hounslow-Heath , in his Coach, as we were coming out of the Lane, from Colebrook, on the 7th of March. I am a Servant of Mr Freeman's, and was on Horseback at the same Time, attending the Coach. It was after 4 o'Clock, or between 4 and 5 in the Afternoon; and we were got about 3 or 4 Hundred Yards on the Heath, when Moore rode up to the Coach, and ordered the Coachman to stop; and pulling a Pistol out of his Breast, he demanded my Master's Money. Another Man at the same Time rode up to my right Shoulder, and said, let's see what you have got. I asked him, what he wanted? He clapped a Pistol to my Breast, and punched me with it on the Breast, then he clapped it to my Throat, and said, - D - mn you, your Money and Watch, or I'll shoot you dead. Then he drew his Hanger, and gave me a Thrust with it on my Wrist; the Mark is here now: and after this, he pulled out a crooked Gardener's Knife, and cut my Horse's Bridle, and took from me 7 Shillings in Silver, a copper Piece, and one old Shilling, - I think it was a Peice of Queen Elizabeth's Coin. Moore, and the Man who robb'd me, were both on Horseback; and he who robb'd me was not disguised, - he had nothing upon his Face, but I can't swear positively that the Prisoner is the Man, for I was in such a surprize, that I did not mind his Face, so much as I ought to have done: but I can swear to the Copper-Piece, which the Constable found upon the Prisoner, and took from him. Moore robbed my Master at the same Time, and did not molest me at all. He was about half the Length of the Court distant from the Man who attacked me, and I had some Knowledge of him, for I had seen him before.
* See the following Trial.
Prisoner. You say you are not positive that I am the Man?
Austin. No. - The Man who robbed me, took took off my Hat, and threw it on the other Side of the Way; and some Men coming by, he ordered them to take it up, and give it to him. I told him my Hat would do him no Service, and desired him not to take it: upon which, Moore ordered him to return me my Hat.
John Way . On the 7th of March last, as my Master was coming from Colebrook to London, we met 2 Men on Horse, - back in the Road, a little before we got on Hounslow Heath : and I observed them to look wishfully at the Coach, as they rode by it. They rode about an Hundred Yards, and farther on, in the Road, and I turn'd back several Times to watch their Motions, and seeing them stop their Horses and turn about, I said to Austin, I fancy they are Highwaymen. They walk'd their Horses 'till they came upon the Heath; then they both gallop'd up to us, and one Man rode up to the Coach, and the other stopp'd Austin; I can't swear to the Prisoner, because his Back was towards me; but I saw the Man punch him first with the Pistol, and then he drew his Hanger and punch'd him with that, and I saw Austin put his Hand in his Pocket, and give him something. I did not see his Bridle cut, 'till he came up to the Coach, and then he was forced to borrow another. I cannot swear to the Prisoner's Face.
Zechariah Hobbs . I am a Constable: I know the Prisoner full well. I saw him and his Partner differ, - I can't say his Partner, - but I saw two Men quarrel, and the Prisoner was one of 'em The Prisoner was on Horseback, the other Man was on Foot, with his Horse's Bridle on his Arm. This was on Friday the 7th of March, in a Lane between Harlington-Town, and my Lord Bolinbroke's. The other Man said something to the Prisoner, - what it was I can't tell; but the Prisoner wrapp'd out a great Oath, and d - mn'd his Soul, and said he would go no farther with him, as he had used him so ill; and accordingly he clapp'd Spurs to his Horse, and rode on: and the other Man cry'd after him, - Go thy Ways Jack. The Prisoner, when he had left his Companion, rode off towards Harlington, and the other went towards Dawley. When the Prisoner came up to us, he asked to what Place that Road lead? I told him to Uxbridge. He said, he wanted a good Inn, for he had met with a Man who had robbed and abused him. I said, I believed it was no such Thing. and that I imagined the Man who was with him, and he, were Consederates; for I had heard the Words he spoke, and heard likewise a Pistol go off between them. Upon this the Prisoner pulled off his Wig, and shewed us his Head, which was broke, and said, - See how I have been beat and
* All the Slugs found on the Prisoner appeared to have been such Leads as Printers make use of in their Business.
Austin. This Piece of Money is mine; it was taken from me when I was robbed of my Money, on the seventh of March.
Hobbs. I took it out of the Prisoner's Pocket.
Austin. After the Robbery was committed, Moore, and the Man who robbed me, rode off together. I saw no Quarrel between them then. They were upon sorrel Horses, and one of them had a Blaze down his Face.
Hobbs. And when I directed the Prisoner to the Woolpack, he was on a bay Mare, with a Blaze down her Face.
Austin. The Man who robbed me rode on a sorrel Horse, or a bright Bay; I can't speak to any other Marks, nor can I tell whether it was a Mare or Gelding: and one of the Horses had a Blaze down his Face, but I can't tell which; for I was very much surprized, and was afraid of being shot, or run through.
Hobbs. This is the Hanger I took from the Prisoner. I took likewise an old Piece of Queen Elizabeth's Money from him, but that I have lost; and a Piece of sealing Wax, which I have not brought.
Austin. Among the Money taken from me, was a Shilling above an hundred Years old, a very thin Piece; and a Piece of sealing Wax, and a Key, the Property of my Master, was took from me at the same Time.
Hobbs. These three Keys I found upon the Prisoner.
Austin. The Key I lost is not among these. The Hanger with which I was wounded, was a strait one, with a sharp Point like this, but I can't swear to it; I did not see the Handle.
Hobbs. This Hanger was bloody to the Point, when I saw it. Here is the Prisoner's Powder-horn, which I took from him. He threatened me, and two other Persons, who went with me to see him in Prison, that let him live or die, we and our Houses should all be rewarded. They heard him speak those Words, as well as I.
James Woodcock . On the seventh of March, between five and six o'Clock in the Afternoon, I was going along the Road-side about my Business, and the Prisoner and another Man came down Colebrook-Road, on the farther Side of Hounslow-Heath . Just as they came over against me, one of them made a Stop; I turned my self round, and before I had Time to speak, the Prisoner shot 3 Slugs into my Arm. Then he rode away, and his Hat flying off, he order'd me to take it up and give it to him: I did not do it; but a Woman, coming by, took it up and gave it him. I thought he was a Highwayman, but he did not rob me, and I gave him no Offence, so I don't know what he shot me for. I did not know the Prisoner before, but I am sure he was the Man that shot me. These are the 3 Slugs, and this is the Coat I had then on. These are the Holes the Slugs made in my Coat-sleeve: They went thro' my Coat, and wounded me, but did not lodge in my Flesh: I took them out of my Coat-sleeve.
Josias Hollison . I keep the Woolpack, at Dawley Lodge, about a Mile, or a Mile and a Quarter from Hounslow Heath. The Prisoner came to my House the 7th of March about 6 in the Evening; he was very bloody, and said he had been robb'd of 5 l. and his Watch. His Head was broke in 2 Places, and the Blood ran down his Face, and upon his Coat. I never saw him before that Time, but I am sure he is the Man. After he had told me he had been robb'd, he described a Man, and asked me if I had not seen such a Highwayman go by? Mr Harvest was present, and told him, he had seen such a Man pass by, and he would go after him, andJohn Reynolds , at Cranford-Bridge, we sent thither, and found he had borrowed a Coat there; but Reynolds sent us Word, that if we had him, we must secure him, for he believed he had been that Afternoon out upon the Highway, and had done Murder. This confirming us in our Suspicion, we sent for a Constable about 12 o'Clock at Night, and secured him. It was one John Barton we sent to Reynolds to enquire concerning the Prisoner, but he has had the Misfortune to break his Collar-Bone, so he is not here. I have the Prisoner's Mare in my Custody: she was in such a Sweat when she came in, that no one could tell well what Colour she was; but she is a kind of a Sorrel: She had been rode so hard, that when she came into the Stable, she could hardly stand. This is the Prisoner's Whip, and the Handle is broke.
Austin. I can't swear to the Whip, nor to any thing but that Piece of Money.
Hollison. The Hanger was bloody about half Way; it looked as if he had cut somebody with it, and the Handle was bloody too, but that I imagine might be made so with his own Blood.
Francis Harvest . On the seventh of March last , I was at the Woolpack at Dawley-Lodge; the Prisoner came in almost fuddled, and his Horse was almost knocked up, he said, he had been wounded by a Highwayman, and had been robbed of 5 l. and a Watch. When his Horse was got into the Stable, I washed his Head; it was bloody in two Places, and he told me, he had been fighting with a Man, who had drawn his Hanger, and had cut him; I thought this was not true, because the Wounds in his Head did not appear to be Cuts, but rather to have been made by Blows with a Stick, and I imagined he had been robbing somebody himself: but wanting to draw something more out of him. I said to Hollison, - if you'll call for a Pint of Wine, I'll go and see if I can find the Highwayman. The Prisoner then said, - the Man who had robbed him had got two Pistols, and he knocked one of them out of his Hand, and if he (himself) had not been drunk, he should have killed him. I asked him, where he lived? He told me, he lived at one Wagstaff's , at the White Lion , at the Bank side , and he would make me amends for my Care of him; and that he was a great Dealer in Brandies and Rum: and pray, says he, whose Mills are they upon the Heath? I told him, they belonged to Mr Underhill . O, says he, I have a Bill for 50 l. upon him in my Pocket; pulling out some Papers at the same Time. I thought it was strange he should not know the Name of the Owner of the Mills, and yet have a Bill for 50 l. upon him in his Pocket: so I asked him, who he knew thereabouts? He mentioned John Reynolds , at Cranford-Bridge , so John Barton and I went thither to Reynolds, and having heard what he said, I went home to Brentford, and was not present when the Prisoner was secured and searched.
Mr Timms. I was not present when the Money and these Things were taken from the Prisoner; but I saw him that Evening in a narrow Lane, and his Head was in a very bloody Condition. He asked me, where there was a Publick-House, or an Inn, that he might be taken Care of; for he had been abused, he said, by a Man on a sorrel Horse, and a light coloured Coat. There was a Man had passed by, some Time before, on a sorrel Horse, but that Man had a dark colour'd Coat on, so I thought he could not be the Person. The Prisoner went to the Woolpack; I put his Horse into the Stable, and Mr Harvest talked with him. At last we found him in several different Stories, and imagined he had been robbing somebody himself; so after we had sent a Man to Reynolds, to enquire if he knew the Prisoner, a Constable was got, and he was taken into Custody: but I was not present at that Time.
Prisoner. What Colour was my Horse?
Timms. 'Twas a sorrel Mare.
Thomas Hart . I have known the Prisoner six or seven Years; he is a Plummer by Trade, but I can't tell where he lives. The last Time I saw him was at his Lodgings at the White-Lion at the Bank-Side . He's not a Housekeeper. He served his Time out lawfully with a Plummer, but how long he has been out of his Time I can't tell. During the Time I have known the Prisoner, I never heard any Harm
Jury. Pray what are you?
Hart. I am a Printer I live in Green Arbour-Court, in the Old-Baily, in the Parish of St Sepulchre's. I was a House-keeper in Aldermanbury ; but Business not answering, I left it off and worked Journey-work again. (He was ordered to look at the Slugs) As to these Slugs, I never saw them before to my Knowledge: I did not furnish the Prisoner with them.
- Marshall . The Prisoner's Brother served his Time with me, duly and truly: and when the Prisoner was out of Business, he was welcome to my House for a Week together; and he always behaved civilly. I am a Watchmaker, and 'twas in his Power to have defrauded me of Things of Value: but he always behaved well, and when he came to lie with his Brother, he was welcome to his Victuals and Drink. I have known him three or four Years.
John Marshall . I have known him between eight or nine Years. In that Time I never knew any Hurt of him, nor ever heard any till now. I have employed him as a Plummer , and found him deal faithfully and justly by me. He has been several Times in my Father's House, and hath lodged there, and has been entrusted with Things of Value, but I never knew him do any thing tardy: and his general Character is a good one. My Father is a House-Carpenter.
The Jury found the Prisoner Guilty . Death .
John Way . On the seventh of March, as my Master (Mr Freeman) was coming to Town, two Men passed by the Coach on Horseback; I looked after them, and seeing them turn their Horses, I told Austin they were Highwaymen; and just as we got upon the Heath, the Prisoner rode up to the hind Wheel of the Coach, and cry'd - Stop Coachman. Then he presented his Pistol into the Coach, and bid my Master deliver his Money. I am sure the Prisoner is the Man; I remembered his Face as soon as ever I saw him in New-Prison. There were my Master and his Lady, and two Maid-Servants in the Coach; and he swore he would shoot them, if they did not deliver their Money: Upon which I saw my Master hold out his Hand, and give him something, which the Prisoner put into his own Pocket. The first Money that was given him, he put into his Right-hand Pocket, and the next into his Left; but I could not see what Money it was, and when he had got what he could, he bid the Coachman drive on. There was another Man in Company with him, but he did not come up to the Coach; he stopped Austin.
Prisoner . I am in such Misery I cannot discourse. He said I was the Man (in New-Prison) before he well saw my Face; and the Reason my Arm was so cut was, because my Name was Moore, and therefore they apprehended I was the Man.
Way. When he robbed the Coach he had a brown dark-coloured Coat on, a Wig over his Hair, and his Hair was pulled down on each Side of his Face. He presented a short Pistol into the Coach, but I can't swear this is the Pistol, nor to what Money was given him, but I am sure he is the Man.
Dorothy Biggs . As we were coming over Hounslow-Heath, on the seventh of March, between four and five in the Afternoon, the Prisoner came up to the Coach, and presenting a Pistol, he demanded my Master's Money and Watch. I saw my Master give him Gold and Silver. I am sure the Prisoner is the Man. He had a dirty Wig upon his Hair, and his Hair was pulled over his Face. After he had my Master's Money, he demanded mine, but my Master telling him I was only a Servant, he went off in a Hurry.
Mr Freeman. As I was coming over Hounslow-Heath , the seventh of March, the Prisoner rode up to the Coach, and bid the Coachman stop. I am sure he is the Man: he swore bitterly, and demanded my Money and Watch. I gave him 10 or 12 Shillings, and a Guinea, - I can't tell how much exactly. After this he demanded the Servants Money; I told him they were but Servants, and then he demanded my Wife's Money, and she gave him 6 or 7 Shillings. When he had got what Money he could, he demanded my Watch, and felt for it himself. I told him, I had none about me; and as he had got both Gold and Silver, he was pretty well off: Upon this he rode away; I am sure he is the Man; his Face is very remarkable, and I saw his black Hair under his Wig.
Prisoner. They chopp'd my Hand off, before I saw them.
Harris. We had Information that he had a Brace of Pistols about him: but we took him, and carried him back to his own House, and sent for a Surgeon, to sow up his Arm. We were forced to use Violence to him, because he was so desperate; and upon searching him again at his own House, we found a Knife 15 Inches long upon him.
Prisoner. He took my wearing Cloaths out of the House, and all my Money from me.
Harris. I took 39 s. and 6 d. from him; but I was wounded in the Contest, and have lost the Use of my Thumb. I could not work for a Fortnight, and have expended the Money, in paying my own Surgeon. My Thumb was almost cut off. - I have not the Money at present; I am a poor Man, and have not the Money at present. - I can't give him any of his Money now, for I have not a Farthing about me; and I have been out of Business a long Time.
The Court reprimanded Harris for seizing and detaining the Prisoner's Money, and ordered him to restore it. Guilty , Death .
Edward Wren. Last Saturday was 3 Weeks I lost all the things mentioned in the Indictment, (be named them all) from off the Horse in my Yard, and never met with them again. The Prisoner was seen in our Entry, after the things were gone, and was knock'd down by a Watchman as he was running away. I live in New-street, Covent Garden ; and was in the Kitchen, when the Maid came and told me the things were stole out of the Yard. When the Prisoner was taken, he desired me to advertise the Goods, and told me if I would be at one Day's expence, he would be at another.
Elizabeth Swift. On the 22d of March, I wash'd some Linnen for Mr Wren, and hung the things up on the Horse in the Yard, near our Kitchen-door. At 11 in the Evening, I heard the Footsteps of somebody in the Entry, and taking up a Candle, I saw the Linnen was gone. I heard some Person treading down the Entry, but the Wind took my Candle, and I never saw the Prisoner, 'till he was knocked down by the Watchman.
Robert Swift . I serve Mr Wren as a Journeyman, and happened to be there on Saturday Night the 22d of March. About 11 o'Clock my Master and I were sitting by the Fireside, and as my Wife was washing the Dishes, she said she heard somebody trip along in the Yard; she ran and found the Cloaths gone; and I took a Candle and a Stick, and ran across the Yard into the Entry, where I found the Prisoner, and by the Light of my Candle, he found his Way into the Street. There is a Hatch at the End of the Entry without either Lock or Latch, which opens with pushing, or pulling, and shuts to of it self. The Prisoner pull'd open this Hatch, and shut it to, after him, which stopped me a little; but I saw him running, and cried stop Thief, - and the Prisoner cried stop Thief too, by which means he passed by a little Watchman, because he did not know who to knock down. But when the Watchman saw me, then he and I pursued the Prisoner into Bedford-street, Covent Garden, where another taller Watchman knocked him down, when I was not above 10 or 15 Yards from him.
Prisoner. What Cloaths had I on when I was knocked down?
Swift. Not that Coat which he has on now. It was a caped Coat, but not so light as that which he has now on.
Prisoner. The Coat I had then on is now in Newgate I'll send for it - No; I won't give the Court so much Trouble. But pray did you see any thing in my Hands, when you pursued me?
Swift. No nothing at all.
Jervase Bellace . I am a Watchman, and was at my stand, on Saturday, the 22d of March, a little after 11, and had just hung up my Lanthorn, when a great outcry was made, - stop Thief! So I took down my Lanthorn and ran into the Middle of the Street, where I stood to see who ran by. The Prisoner came running down the Street at a great Rate, and got past me, but I turned short about, and knocked him down. Swift came up to me directly upon the Prisoner's falling, and said he was the Man, and he had never been out of his sight. On Sunday he was carried before Colonel De Veil, and in the Colonel's Entry, in my hearing, the Prisoner offered to make Mr. Wren full satisfaction for the Goods. He made the same offer, before the Colonel; and the Prosecutor I believe would have made it up, if the Colonel would have suffered him to have so done.
Wren The Prisoner asked me, what the Value of my Goods was? and I told him, I believed they were worth about a Guinea. He told me if I would not prosecute him, he would pay the Guinea with all his Heart: and because he had no Money, he offered to leave his Cloaths with me. When I was before Colonel De Veil, I would have made an End of it, if I could.
Prisoner, to Bellace. Had I any Goods upon me, when I was taken?
Bellace. The Constable neglected to search him, 'till after he was put into the Hole, and then we found nothing upon him.
Prisoner. What Cloaths had I then on?
Bellace. Not the Cloaths he has on now. He had then on him a large cap'd Coat, of a grey or drab Colour.
Richard Barber . On the 22d of March, between 11 and 12, as I was at my Stand, the People cry'd, Stop Thief! The Prisoner was in the Mob, and cry'd, Stop Thief too; and I pursued, but did not know who was the right Thief; but my Brother-Watchman knocked him down because he would not stop; and Swift was running after him, the same Time, and said the Prisoner was the Man who had stole the Linnen. We found nothing upon him; but I heard him offer to make Satisfaction for the Goods.
Sarah Hughes . I happened to be at one Mr Turner's, at the Mogul's Head, a Constable in Drury Lane, the 22d of March, and knowing the Prisoner to be an honest, just Man, I sent for him to go home with me, about half an Hour after 10 at Night. I live hard by Charing-Cross, and he saw me home thro' Bedford-Court, - quite to my own House. We did not pass thro' New-Street, where the Prosecutor lives. The Prisoner lives at one Mr Lyon's, I don't know where, - somewhere in Drury Lane, and he took his Leave of me, (to go home) about half an Hour after 10, or near 11 o'Clock. I have known him these six Years and better: he lived about a Year ago in the next Room to mine. I take in Washing, and have entrusted him in my Room, when I have had thirty or forty Pounds-worth of Linnen there, and he always behaved honestly. His Business is to carry a Chair, and during the Time of the Frost, he was ready to go on Errands, and has fetched me Water for my Work. I have seen him plying, and carrying a Chair about Charing-Cross; I saw him plying there last February, and the beginning of March.
William Lyons . I am a Sawyer by Trade, and live in Drury Lane. I have known the Prisoner between 8 and 10 Years. He lodged in my House all the hard Frost, - upwards of five Months. He did follow Chairmen's Business, and when he was out of Work, I used to help him to Business as a Porter. He ply'd about Charing-Cross, and Spring-Gardens, but I know nothing of his Partner who used to carry the Chair with him. I never saw him at my House. I know nothing of him. - I have seen him; he has been with the Prisoner at my House.
Elizabeth Lyons . The Prisoner lived at our House, and behaved well; I am Wife of the last Witness; I know the Prisoner carried a Chair, and ply'd about Brownlow-Street, and Drury-Lane I mean, low-Street, and Russell Street and that Way, and about Covent-Garden, and St. James's but he generally ply'd about Covent-Garden, and Drury-Lane. I have seen him in Bow-Street, with his Straps on, and his Partner was with him. I forget his Partner's Sirname, but he lived with his Sister at the Coach and Horses in Drury-Lane, and his Christian-name
Thomas Williams . I am a Sawyer I live in Bowl-Yard, and am Lyons's Partner. The Prisoner lived in his House, and I never heard any thing in the World, but that he was an honest Fellow. He used to tell me he follow'd Chair-work about St. James's, but I never saw him at Work, because I never walked that Way. I have seen him at Lyons's House, with Straps on.
William Moss , Serjeant. The Prisoner has been in our Company about 10 Months, and in case he should have proved his Character, I should have taken Care of him, and have carried him to another Place. I never saw him carry a Chair, but he has had a Chairman's Coat and Straps on in the Tower, and behaved well while he was in the Barracks.
231. + Edward Barton , the elder, of the County of Southampton , Gent . was indicted for feloniously and fraudently making, forging, and counterfeiting, and causing to be made, forged and counterfeited, in the Parish of St. Dunstan's in the West , February 25th, 1739, a certain sealed Writing-Obligatory, called a Bond, with the Name of George Collins thereunto subscribed, and the counterfeit Mark of Nicholas Collins thereunto made. With a Condition thereunder, importing an Obligation for the Payment of 83 £. and bearing Date the 9th of June, 1729. With Intent to defraud the said George Collins and Nicholas Collins, against the Form of the Statute, &c.
He was also charged with uttering and publishing the same, in the Parish of St. Dunstan's in the West, knowing it to be false, forged and counterfeit , February 25 .
The Counsel for the Prosecution having opened the Charge, proceeded to take Notice of the Nature of the Evidence, they should produce in order to support it, viz. That Mr. Barton had been employed as an Attorney by the two Collins's, in several Lawsuits; and 84 £. 16 s. and 6 d. being (as he said) due to him, on account of Business he had transacted for them; they gave him for his Security a Bond for 83 £. - and that the Persons who witnessed that Bond, were Honour Luff and Nicholas Luff . That the Prosecutors some Time after, (being dissatisfied with Mr. Barton's acting for them as an Attorney) employed one Mr. Read, (another Attorney in the Neighbourhood) to transact their future Business; upon which Mr. Barton began to put this Bond into Execution against the two Collins's. But by Mr. Read's Advice, the Collins's complained to the Court of Common Pleas, and pray'd, that the whole Affair, and all the Accounts subsisting between them and Mr. Barton, might be examined and settled by the Prothonotary. Which being ordered by the Court, the present Defendant, (Mr. Barton) appeared personally, and produced this Bond, (which the Indictment charges to be forged and counterfeit) instead of the true Bond, which the Prosecutors in this Cause, acknowledge had been given to Mr. Barton, and on the Back of which, (they say) there was an Indorsement of 20 £. which the two Collins's had paid off, and for which Mr. Barton had given a Receipt. That this Bond, without any such Indorsement on the Back, is what they now complained of, and tho' it is witnessed by Honour Luss, who was a subscribing Witness to the true Bond, and by the Son of Mr. Barton; yet, she says, she never subscribed as a Witness to any Bond, in which Mr. Barton the younger was a joint Witness with her, &c.
John Collins the Elder . I have known Mr. Barton the elder, many Years, I never saw him write his Name himself, but I have seen his Name to a great many Papers. I am acquainted with his Handwriting, and I believe the filling up in the Body of this Bond, may be his Hand-writing. I have seen him write other Writings, tho' I have not seen him write his Name, and I believe this filling up, tallies with his Manner of writing. I believe so; but I can't be positive to such Things. The Name - George Collins, which is opposite to the first Seal, I believe is not George Collins's Hand, to the best of what I know. Here are several Letters not like his writing, the C for one, and likewise the E, none of them compares rightly with his Hand. - I don't say all of them, - some of the Letters may. To the best of my Knowledge this is not George Collins's writing,
John Collins the younger. The writing in the Obligation Part of this Bond, I take to be Mr. Barton's the elder. I have been acquainted with his Manner of writing, six or seven Years, and this is very much like his Hand-writing; for I have seen him write several Times. I have known Mr. Barton ten or eleven Years, - twenty Years by Sight. As to the filling up of the Bond, [between the Printing,] I take it to be Mr. Barton's the elder, but I can say no farther than my Belief. The Name George Collins underneath, I take not to be Collins's writing, because in December, 1735, I was with Collins at Mr. Barton's Office, and in talking over their Affairs, I heard George Collins say to Mr. Bar-ton,Nicholas Luff and Honoria Luff were Witnesses to it; and Mr Barton said, Yes, in answer to what Collins had said. George Collins , farther said, - you know I have paid 20 £. off that Bond, and have your Receipt for it; but Mr Barton said, he did not remember it; if he had, he did not know what to say to it; but if he had, it must be so. I know nothing about the Mark of Nicholas Collins. This Conversation passed between Collins and Mr Barton, at Mr Barton's Office in the Hop-Garden and there was no one but us three present. Mr Barton complained to Collins, that he owed him a great deal of Money, and that occasioned Collins to tell him of the Bond he had given him. I was at Mr Barton's Office once before this Time, and when I came away, he read a Paper to me, and told me, if I would get George Collins to sign it, he would make me a handsome Present for a Pair of Gloves. George Collins was not Present when Mr Barton said this to me, nor do I remember what were the Contents of the Paper.
Couns. Let us know how this Conversation began?
John Collins, jun. Mr Barton seemed in a stern Humour with Collins, and told him, he owed him a great deal of Money; and that he could not keep the Injunction on Foot; and if he did not, there would come out an Execution against him, and his Stock would be taken; and how, (says Mr Barton) shall I raise Money? Why, (says Collins) if you had paid Mrs Bailey's 200 £. off, as you have had the Money, that would have put a Stop to this Affair. Mr Barton told him, he owed him a great deal of Money himself. Sir, (says Collins) what would you have me do? You have got my All, - I have assigned every Thing to you. I have given you a Bond of 83 £. witnessed by two Persons; and an 80 £. Bond to make up the Money to pay Mrs Bailey off. Mr. Barton upon this agreed, that Collins had given him an 80 £. Bond to make up the Money which was to pay Mrs Bailey, and I think he told him, he had been Security to Mrs Bailey, for the Money he (Collins) owed.
Prisoner's Q. Was not that 80 £. Bond, to indemnify Mr Barton on account of that Security?
Collins. I don't know that. - But Mr Barton was Security for George Collins, to get him out of Goal, I believe. I remember this Conversation passed in December, 1735. I made some Entries in my Day-Book, the beginning of December, concerning some Business I had done for the Collins's at the same Time. I am a Taylor, and live with my Father John Collins. The Entries I made in my Book, were Accounts of some Travels I had made for them in their Trouble, and the Charges I had been at.
Counc. Was there any mention made of any other 83 £. Bond, beside that signed by Sister Luff, and Nicholas Luff?
[The Counsel shew'd John Collins junior several Papers signed with the Name of George Collins: all which he believed were George's Handwriting, except one, which he believed was not.]
Honoria Luff. I know both Mr Barton and the two Collins's, George and Nicholas: I remember their giving Mr Barton a Bond for 83 l.; I was one of the Witnesses to it, and Nicholas Luff was the other. and I never was a Witness to any other, but one: and in that one John Hyde was a Witness with me. But I never witnessed a Bond for 83 l. in my Life, with Mr Barton the younger. When George and Nicholas Collins gave Mr Barton the 83 l. Bond, I made my Mark, as a Witness, and Nicholas Luff wrote his Name, to it: but I am very sure the Mark upon this Bond, is not mine, because here is not the other right Witness's Name, but young Mr Barton's: and therefore I apprehend 'tis not my Mark. If it had been mine, Nicholas Luff would have been the other Witness. That Bond which I was a Witness to, was dated the 9th of June 1729.
Couns. Where was the Bond executed, which you set your Mark to.
Honoria Luff. In George Collins's Brick-Kitchen; George and Nicholas Collins were present, and Mr Barton the Elder, my self, Nicholas Luff, and Ann Luff, my Mother. - I can't say how many Bonds (given by the Collins's) I have been a Witness to, but I am sure I never witnessed any Bond, when young Mr Barton was even in the same Room.
Prisoner's Q. Did you never say you could write, at the Time this Mark is supposed to have been made?
Honoria Luff. No, I never said any such thing.
Couns. Look on that Bill of Costs, in Consideration of which the 83 l. Bond was given.
Honoria Luff. This Paper Mr Barton delivered to George Collins, at his House, the same Day the Bond was executed. I can't swear I saw Mr Barton write it, but I saw him write the Receipt. I do think I saw him write his Name to it, but I can't be positive to that. I have seen Mr Barton the younger write, tho' not very often, and I believe this Name of Edward Barton the younger was wrote by Mr Barton the elder. I can write my self now, and can read Writing, but I don't pretend to know Handwriting. The Bond (in Dispute) was read. ItEdward Barton, senior .
George Collins was called, but the Defendant's Counsel objecting that he was concerned in Point of Interest, the Counsel for the Prosecution called Mr Warren to prove that the Bond had been paid and that General Releases had been executed on both sides. He deposed that the Release produced in Court, he saw executed by Mr Barton the elder, as his Act and Deed; and that there had been one given by George Collins about a Month before, but none by Nicholas Collins. (The produced Release, was signed Edward Barton, senior; and dated, 11th of Feb. 1737.) And he farther deposed that the Release was given after the Matter had been before the Prothonotary. - He added that the 20 l. mentioned in the opening the Evidence, was never mentioned, or thought (in the former Proceedings) to be in discharge of any Part of the 83 l. Bond: But that Collins having had a suit with the Widow Oakingham; the 83 l. Bond was in Discharge of other Law Charges generally, and was not in Part of this Affair of Oakingham's. He was asked by the Prisoner's Counsel, if there was not a Demand made on Account of this Bond? He answered, that when the Bonds were before Mr Prothomotary Cook, Collins complited that they were given when the Money was not all due; upon which Mr Cook ordered a General Bill of Costs should be laid by Mr Barton before him, and that no Regard should be paid to the Bonds, therefore he could not say the Bonds were considered at all. Some farther Objections being made to George Collins's being called, the same were allowed, and he was not sworn.
Mr Protary Cook gave an Account, that the Affair was before him about two Years ago, and that he intended to have stated what was due from Collins to Mr Barton, both on the Bonds, and on the Taxation of his Bills, and to have added the In-next due upon the Bonds, to the Account; and that when this Bond [which Mr Cook had mark'd] was before him, there was some Objection made, on Account of Mr Barton's having sworn that Honoria Luff had signed her Name thereto, when she had only made her Mark to it: but he did not remember that any other Objection was made to it at that Time.
Mr Warren likewise deposed, that there was no Objection made to the Bond at that Time.
Mr Cook farther deposed that the Bond was produced at his Office (which he deemed to be in London ) as a Demand for so much Money, by one Drury, for Mr Barton.
Nicholas Luff, deposed that he set his Hand as a Witness, to a Bond for 83 l. on the 9th of June 1729; that Honour Luff was a Witness with him at the same Time; and that young Mr Barton was not a Witness to it, nor was he then in the House. That George and Nicholas Collins, Honour Luff, Ann Luff , the elder, Mr Barton and he were present at the same Time, in George Collins's Kitchen, which had a Brick-Floor. He saw no other Paper or Papers produced at that Time; but he said he was abroad, and was sent for, to sign as a Witness, and he believed his Sister Luff, was there all the Time.
Henry Read . I have seen Mr Barton the elder write; and I believe the filling up of this Bond is his Writing. I have not seen Mr Barton the younger write, so as to be positive whether his Name is of his own Hand-writing: 'tis a great deal more like Mr Barton the elder's, than his Son's. I am unwilling to answer, because I can't speak positively, nor with certainty. It has the Likeness in all Respects to Mr Barton's the elder, and is not like the younger's. He is 22 or 23 Years of Age. - To be sure I am mistaken he must be more.
Prisoner's Q. What is the Character of Nicholas Collins?
Mr Read. He is looked upon to be a Man of an exceeding good Character. As to John Collins, senior and junior, and Honour Luff, I know nothing of them my self, but their general Character is, that they are very troublesome People. Honour Luff has been looked upon as one concerned in such Affairs, but I have not known her to forswear her self. I have great Reason to believe the contrary, for I never saw any body more cautious, than she was, when she made her Affidavit.
Prisoner's Q. Have you never had any Conversation, with one Hammond about them?
Mr. Read. I don't remember. - I am not concerned in this Prosecution; nor do I know the Persons who are.
Mr Read. I attended Sir George Cook at his Office, and remember this Bond's being produced by Mr Barton the elder. I remember his taking it
Mr. Barton, in his Defence, gave an Account of the several Affairs he had transacted for George and Nicholas Collins, from the 22d of April 1728; and that in June 1729, there was 80 odd Pounds due to him, for Business he had done, and Money he had expended for them. That they being lamentably Poor, and having another Cause depending in Chancery, invited him and his Son to come and dine with them, promising to give him some Security for his Debt. That they accordingly went; and the Bills being satisfactory, the Account between them was then adjusted, and amounted to 84 l. 16 s. and 6 d. That, at their Request, he abated 1 l. 16 s. and 6 d. and they gave him a Bond for the 83 l. to which Honour Luff made her Mark, and his Son signed his Name, as attesting Witnesses. He gave farther an Account of the Business he had done for them, after their having executed this Bond, and the counter Securities they had given him for the Expence and Trouble he had been at in the Management of their Causes; and of the several Transactions which passed between them till the Affair was adjusted, and settled by the Prothonotary.
Couns. How old are you!
Mr Barton, jun. I shall be thirty Years old the sixth of November next. I had been Clerk with my Father better than a Year, at that Time; and was then almost nineteen. It was usual for me to go with him to execute Writings; and I am positive this is my Hand to this Bond: it was given at Exon, in the House of George Collins. My Father had been concerned for the two Collins's, in a great many Causes, and there was due, on several Bills, the Sum of 84 £. 16 s. and 6 d. He abated 1 £. 16 s. and 6 d. and this Bond was given for the remaining 83 £. - I saw George Collins write his Name to this Bond: He sealed and delivered it, and Honour Luff was present at the same Time; she made her Mark to it, and I wrote my Name to it, as Witnesses. This Name (Edward Barton) is my own Hand-writing, and the Writing (the Mark of Honour Luff) is my Father's. The Bond likewise was filled up by my Father.
Couns. Who was present at the Time when this Bond was executed?
Mr Barton, jun. George and Nicholas Collins, George Collins's Wife, Honoria Luff, Ann Luff, and a Person that came in and out, as a Servant, in a Carter's Surplice; who he was I cannot tell. I was a Witness to Writings two Years before this, - in the Year 27. This is my Hand on the Back of this Parchment; and the middle Name is my Hand, on the Back of this other. These Deeds I engrossed myself, and often went with my Father to attest Writings.
Couns. Was this Bond filled up before you went to Collins's, or after you came to his House?
Mr. Barton, jun. I believe my Father filled it up after we went there; and it was executed in the Kitchen?
Couns. What Floor had the Kitchen?
Mr Barton, jun. I cannot charge my Memory with that. We both dined there that Day, and I think we had some Fowls and a Piece of Bacon for Dinner.
Couns. Did you see Nicholas Luff there?
Mr Barton, jun. I don't remember I did. If I did, he appeared as a Servant, in and out: I did not mind him as a Person concerned; and I don't know that I have ever seen him before, or since.
Q. Look again upon your Name: Is the Word Junior your Hand-writing?
Mr Barton, jun. Yes, I do believe it is.
- Williamson, Esq; I don't know much of the Collins's myself: but by all Report, their general Character is very bad. I have heard they are very litigious People, and frequently concerned in Law-suits. They bear so very bad a Character, that I would not believe them, upon their Oaths; and I believe a great many others would not. I think their Characters are so very bad, that they ought not to be believed.
Prisoner's Q. I think, Sir, you was High-Sheriff of the County last Year?
Mr Williamson. Yes, I was. I live in Exon: the two John Collins's live in Hambleden Parish, three or four Miles distant. Honour Luff lives in my Parish; she bears a very bad Character, I am upon my Oath, - I should not care to believe her upon her Oath.
Mr. Bonbam. I know John Collins and Honour Luff. I formerly lived near them: but I now live seven or eight Miles distant from them. They never wronged me, but their general Character in the Neighbourhood is an evil one: 'tis generally bad. I should give no Credit to him, or her, tho' they were upon Oath. Mr. Barton I have known thirty Years; he is a Gentleman of a good paternal Estate, and married a Woman of a good Family.
Couns. Have you seen Collins within these seven Years?
Mr Bonham. I don't know whether I have or not. I saw Honour Luff some Months ago at Alresford. I knew her before that Time. I have an Estate within a Mile of the Place where they all live; and all People give them evil Character.
John Barnard , Esq; I know Collins of Hambledon the elder. About 10 Years ago, his Son was indicted for setting the Moors on Fire: I did not know Collins the younger before that Time. And Honour Luff I have known twenty Years. The general Characters of them all three are bad, and I really believe none of them are to be credited. Mr Barton bears as good a Character as any Gentleman in the County: He's a Man of good Substance, and I believe would scorn to do what he's charged with, as much as any Man in the Kingdom.
- Penton, Esq; I have known Mr Barton, 15, 16, or 20 Years: He has a very good Character, and has always behaved well in his Profession. He is a Man of Fortune, not much less than 200 £. a Year; but I don't know his Circumstances particularly. His general Character is exceeding good, and I believe he would by no means do a thing of this Sort. I know nothing at all of the Collins's: I live about seven Miles from Mr Barton.
Mr Clark. In 1704, I got Mr Barton sworn an Attorney: he has done Business for me; I never knew him do an unfair Thing: but he always behaved as well as ever I knew a Man in my Life, and I took him to be a very honest Man.
Edward Wools . I don't know the two Collins's; I have no Acquaintance with them myself. I live about nine Miles from them, but from the Character I have heard of John and Nicholas Collins, and Honour Luff, I think they ought not to be believed upon their Oaths.
William Collier . The 2 Collins's and Honour Luff bear a very bad Character, and I believe are not to be credited upon Oath. I never heard any body speak well of them in my Life. I live about eight or nine Miles off, but their Characters ring pretty much about the Country, - farther than eight or nine Miles. I heard this Character of them before Mr. Barton was concerned for them.
Edward Snuggs . I know the two Collins's and Honour Luff. I live within four Miles of the two John Collins's. They all three have very bad Characters; and I don't think they ought to be believed upon Oath.
Edward Hooper , Esq; I have known Mr Barton twenty Years, and never heard but that he bore an exceeding good Character. His Family is very well respected in the Country, I always took him to be a Man of Substance, and belov'd by all his Neighbours. I am in the Commission of the Peace myself, and have often heard the Gentlemen in the Commission complain of the Collins's being uneasy troublesome Fellows. They have the Characters of bad Men; and if they were to come to me for a Warrant I would not take their Oaths. I don't know the Christian Names of the Collins's, but I never knew that there were more than two of them. I don't know Honour Luff.
Couns. If they have such bad Characters, do you think Mr Barton, (who has such a good one) would have been employed by them?
Mr Hooper. Probably he might not know them.
Mary Webb . I know the two John Collins's and Honour Luff very well. I live about two or three Stonescast from Honour Luff. Their general Character is so very bad, that I think they are not to be believed upon their Oaths. I have known them ten Years; but I have not kept them Company a great while. I rent a House of them, yet I never go near them, but when I carry my Rent; and then I never stay longer than I have an Acquittance.
Charles Mitchell . I know the two John Collins's, and their Characters are very bad. The major Part of the People in the Country would not believe what they say; I would not believe them, on their Oaths.
Edward Astlet . I know nothing of the two Collins's; but Mr Barton I have known these thirty Years. He has done Business, as an Attorney, for me and my Father, several Years. He has a very good Character, and I don't think he would be guilty of what is now laid to his Charge.
Thomas Hamman . The two Collins's are reckoned very bad Persons by all that know them. They have been at Law these 16 Years. I know nothing of Honour Luff; - I have heard a bad Character of her, but I am not to go into Particulars, I think they are not to be believed upon Oath. Mr Barton I have known 16 or 17 Years, he has as good a Character as any of his Profession in the Kingdom. No Man more religious and devout, nor better respected than he is. I am Deputy-Register under the Bishop of Winchester, and he has an Office under the Bishop now. When I was at our Assizes last Summer, Mr Read came over to our Office, and I said to him, - Mr Read, I have heard a very odd Thing, - that a Gentleman is charged with a bad Fact, who has the best of Cha-racters,
John Hannington . I was at a Vestry with Mr Read and Mr Barton, junior, when they were rating the Parish-Books; and when they came to Mr Barton's Name, Mr Read raised it; [the Rate] Mr Barton said, he would not have his Father's House raised so by every Body: and Mr Read told him, he would humble him, and his Father too; and said, Don't you remember the Bond?
Thomas Newnham , Esq; I have not known Mr Barton long, but I have known his Character ever since I lived in the County. I am not particularly acquainted with him, but I have often heard him spoken of as an honest Attorney I believe he is universally respected, and from the Character I have heard of him, I believe he is the last Man in the World who would be guilty of Forgery.
Nicholas Pyle , Esq; I have known Mr Barton about 15 or 20 Years: and always esteemed him a Man of Fortune, and Character; and I cannot think him guilty of any such Thing, but far from it. I have acted in the Commission of the Peace some Years, and take his Character to be very good.
William Edwards . I know Honour Luff, she bears a very bad Character. I happened to be in the House with her about four Years ago, last February, and a Man who was present, said to her, if you would do yourself any good, you must deny all, and swear any thing. She answered, - she would deny all, and swear any thing before she would come to the Parish.
Mr Porter. I have known Mr Barton 18 Years. He bears as good a Character as any Man in Hampshire, and I believe this to be a malicious Prosecution, in order to extort Money from him. I am subpcena'd here with regard to Mr Barton: I am an Attorney, and am now concerned in a Cause for the Lady Boyce against the Collins's.
Mr Read. I have known the two John Collins's and Honour Luff, 15 or 16 Years. As to Honour Luff, I never heard any thing amiss of her in my Life. As to old John Collins, I have: but young Collins, I believe he is an honest Man.
Couns. Do you think old John Collins would forswear himself?
Mr Read. I don't know. I believe Honour Luff would not: for she was very cautious in her Affidavit to ground the Suit in the Court of Common Pleas.
Prisoner. I desire Mr Read may be asked, if he made no Declaration to Mr Hamman, that he believed the Collins's were People of an ill character?
Mr Read. I have said old John Collins bears a bad character; I believe the young one is an honest Man, and I have no Reason to distrust Honour Luff. I don't recollect that I said she was a mad Girl. Mr Hamman wished they might not be troublesome to me; and I said, I had done nothing for them, but what I had done for People who I thought were resied: but (says I) if they have a Mind to quarrel with me, I don't know that I have given them any thing under my Hand. The Collins's indeed have not been very grateful to me, for after I had done them all the Service I could, they were pleased to tax all my Bills.
Richard Tribe . I have known Honour Luff a pretty many Years; she bears a good Character as far as I have heard. She is a young Woman, and may be guilty of frisky things, but I never knew her guilty of any thing dishonourable. I believe she would not do wrong things, so much as many of the People who have been Evidences against her. I have known her and all the Collins's 20 Years. John Collins the younger I have known ever since he was christened, and he bears a good Character, as far as I have heard. I believe he would no more take a false Oath, to take away a Man's Life, than I would. I was born at Hambledon, in Hampshire, and was bred up a Surgeon, but I now keep a Publick Way, in London, and sell Wine, Brandy and Rum, wholesale and retale. I knew when old John Collins could be respected in the best of Company. He always behaved well in his youthful Days, and was well respected by 'Squires and Gentlemen, - the best in the Country, and was trusted by them. I never heard but that Mr Barton had a good Character; and I have heard the several Gentlemen examined who have spoke against the Collins's: but most of them who gave Evidence, never had any Dealings with them, then how should they give a Character of them truly? - I live now near Hanover-Square: I have lived up and down, these 14 or 15 Years, sometimes in the Country, and sometimes in London: and I have lived at Times in the Neighbourhood of Hanover-Square, about 5 Years, and have let Lodgings, but now I have been a settled Housekeeper about 12 Months. I came from Hambledon about 17 Years ago, but Collins has been a Taylor to our Family for many Years.
Thomas Batsman . I never was in Hampshire; I live in the Strand, but I have known the two Collins's 4 Years; and I know Honour Luff likewise. They all bear good Characters as far as I know; and I am acquainted with several People who come from that Place, tho' I don't live there my self.
- Moody. I was bred and born, and now live in Hampshire, I have known the two Collins's many Years; Honour Luff I have known about a Year or two. I never heard any Harm of any of them in my Life.
Couns. Do you think they would come here, and forswear themselves?
- Moody. I know nothing of that. I would not do it for all the World.
- Cole. I live at Bishop's Waltham in Hampshire, and have known Honour Luff 12 Years I believe. I have not had so much Acquaintance with her lately, as I had formerly. I never found but she bore a good Character: she always behaved well to me, and 'tis my Opinion she would not forswear her self. I know but little of the Collins's. - I am a House-Carpenter. I have not heard any body speak any thing about Honour Luff (to signify) lately. I never heard any body give her a bad Character, nor have I enquired any thing about it.
Couns. Do you think she would forswear her self?
Goldsmith. As to her forswearing her self, - I have nothing to say, in that Respect. - As to her Character, I can say nothing, - as to her Character. I know the two Collins's, and for my Part, I know no Harm of them. They have bad Characters, but I know no Harm of them.
The Jury acquitted * the Prisoner.
* It was moved that Mr Barton might have a Copy of his Indictment, but the Court (after hearing Counsel on both sides) would not grant it.
232. + Alexander Lambley , of St James's Clerkenwell , was indicted for feloniously and traiterously forging, counterfeiting and coining, 4 Pieces of false and feigned Money, to the likeness of the good and lawful Coin, called Shillings , &c. June 21 , against the Form of the Statute.
Elizabeth Harris . I have been acquainted with the Prisoner above two Years. My Aunt (Ursuld Harris) kept a Chandler's-shop, in Tooley-Street, and he used to come to her House. The first Time he came was with one William May a Butcher, but both he and my Aunt are dead. We then sold Drams, and they had a Dram a-piece, and paid 3 d. in Copper. After this he came several Times, and I being a single Woman, and he a single Man, he frequently came to the House, to see me.
Couns. Did you ever see him at Wood's-Close.
Harris. Yes; after he had been at our House, we grew intimate, and he fetched me there. I have been there several Times within this Year and a half. But after I had been there once or twice, I saw he had a Wife, and then I went to visit his Wife, and have seen him sell this false Money.
Couns. Have you ever seen him do any thing to it?
Harris. I saw him put a Shilling between a Piece of Paper into a Hand-vice, at Wood's-Close, and rub round the Edges, with a three-square-file; but I don't know what condition it was in, before he rubbed it with the File, nor what he did to it afterwards. The second Shilling I saw was one which he offered to my Aunt; but she looked at it, and gave it him again, telling him it was not a good one. He made a Laugh of it, and after he had rubbed it with some Powder, between his Finger and Thumb, he tossed it down on the counter and said, who would dispute that Shilling was not a good one. It looked like Lead before he had rubbed it, but afterwards it appeared like Silver. He afterwards told me, I might get a good Living, if I would dispose of such Shillings, and that he would give me 3 or 4 of them for a Shilling; but I never had any from him to dispose of. He said, if he could not get 100 £. a Year he could not live, and I might get a good Livelihood too if I would dispose of such Shillings. I never saw him rub or file them except once: but several Times when he has been at our House, he has appeared in a Hurry, and has said, he must go and put off his Tom Tits, and has thrown down a Piece of the Money on the counter, and said, - 'tis as good a King William and Queen Mary as ever was coined. He pretended to be Hog-Butcher, and
Couns. Did you ever see him put off this Money to any Body?
Harris. I have seen him give People three or four of these Pieces, as I have thought, and they have given him a Shilling for them. I have seen him three several Times give three for a Shilling: but I cannot tell who the Persons were that took them, nor did I mind what the Prisoner said, when he sold them.
Prisoner. When you was taken up you did not know your own Mother. Pray what House do I live in?
Harris. Between the Alehouse and the Barber's Shop, in Wood's-Close.
Prisoner. Tell me whereabouts in the Room is the Fire-place: where my Bed stands, and what Sort of a Woman my Wife is?
Harris. The Fire-place is on the farther Side of the Room; the Bed may have been moved since I saw it, but his Wife is a little Woman, shorter than I am, and has a young Child.
Prisoner. How come you to be perswaded to come and give Evidence now, when last sessions you would not appear?
Harris. I did not know the Consequence. - I have had no Perswasions, nor any Money?
Couns. He would have it understood, that you don't know where he lodg'd: Did not you carry the Persons who have the Charge of the Prosecution to the House?
Harris. Yes; and I knocked at the Door.
Prisoner. I never saw her in my Life, before this Morning.
Harris. I know him, and have been at his House several Times.
Couns. Can you recollect what Time it was, when you saw the Prisoner put the Shilling into the Hand-vice?
Harris. No; - it was about a Twelvemonth ago, at Wood's-Close: and it was about a Quarter of a Year before that Time, when I saw him rub the Shilling at my Aunt's in Tooley-street.
Prisoner. I am informed that Man has been in the Pillory for Perjury, and a Conspiracy against Drinkwater. He was convicted here two or three Years ago.
Brown. I became acquainted with the Prisoner, by drinking with him at a Publick-house in Wood's-Close. I once saw him sell three or four of those Pieces for a Shilling, and have heard him say, if he could not get a Hundred a Year, he could not maintain his Family. And when some of the Shillings have looked like Lead, I have seen him rub them over with something white, and make them look like Silver. I can't take on me to say they were such Pieces (before they were rubb'd) as are here in Court, but I have seen him rub them between his Finger and Thumb; after which he has shewn them upon the Table, and said they look'd like Silver. And they have looked like King William and Queen Mary's Shillings. Those which I have seen upon the Prisoner, have not been so rough as these I see now.
Couns. What Business did he say he followed?
Brown. He told me he was a Horse-Jockey; and afterwards he said he was a Dealer in Hogs, and another Time he was a Polisher of Glass. I have seen him have Horses in Ward's Rents, near Hockley in the Hole, where he had a House of his own, since Michaelmas last; after he removed from Wood's-Close. I can't say what Business he did in that House, but he said, - provided there were Molds, or Money found there, it could not be proved that he put them there.
Brown. I don't know any such Man. - O! I believe he is a Clogmaker; but I never saw him with the Prisoner in my Life; nor have I ever had any Talk with Clark, about the Prisoner, nor about this Prosecution: but Clark's Character is very dull, if Clark comes to that.
Prisoner. Have not I told the Truth about your having stood in the Pillory?
Brown. I have nothing to say to that.
John Cart . I live in Wood's-Close, and am a Carpenter. On the 21st of June, as I was pulling down the House of Office, where the Prisoner lodged, I found this Bag of counterfeit Money, under the Seat. There were fourscore and four Shillings concealed upon a Board; where they could not be seen, though searched for with a candle; and could only be found, by putting a Hand thro' the Hole, and turning it under the Seat. I know the Prisoner lodged in that House, and continued there a Quarter of a Year after this Thing was rumoured about, and talked of.
Harris. The Piece I saw him rub with a File in the Hand-vice, was like these, but I can't swear to it.
Couns. Had you any other Lodgers in the House at that Time?
Watson. No; none but the Prisoner and his Wife, and an old Gentlewoman who boards with me. There had no other Person lodged in the House, for a quarter of a Year before the Money was found. - The Vault only belongs to our House, and none but our own People can go to it.
John Blackwell , I keep a Coffee-House in Well-Court, in Queen-Street. I have seen the Prisoner before; and believe he is the same Person who came twice to our House, and changed a Shilling each Time, to pay for what he had, and we found a bad Shilling both Times in the Drawer after he was gone. The third Time he came was last December was 12 Months, and he then changed a good Six-pence to pay for a Dish of Coffee, and went out! In half an Hour he returned again, and called for a Glass of Ale, and some Tobacco, after which he offered my Wife a bad Shilling; she told him, it was not a good one; but before I could get to the Bar, he had snatched it up, and had laid down a good one. I told him, he was a vile Fellow, and that this was the third Time he had served me so. The Gentlemen in the House said, I ought to secure him; upon which he fled for it, and got 100 Yards from the House, but I pursued him, and tho' he resisted, I took him, and asked him, what need had he to change a Shilling, when he had changed Six-pence but ++ of an Hour before? He said he had no Half-pence, but when the Constable came we searched him, and found fifteen or 16 good Shillings upon him; one bad one; and about three Shillings in Half-pence, more than he had received from us in change. He then offered to spend a Crown in the House, if I would let him go; I refused to discharge him, and carried him before Mr Alderman Perry, and produced the bad Shilling we found upon him, but not being able to swear it was the same identical Shilling, which he had offered in Payment, he was discharged.
Couns. Did the bad Shilling which you found upon him, tally with the other two you had taken before?
Mr Blackwell. Yes; so very exactly and minutely, that several Gentlemen in the Room were of Opinion, they were all made in the same Mold. That which I found upon him was broke, that it might go no farther, - it was a King William's, and the Date was 1696.
Couns. These now produced are King William's, 1696.
Harris. I can't tell what Impression was on the Piece which I saw him put into the Hand-vice: nor can I tell whether the Edges were smooth before he filed them. He did not let me see that Piece. That which I saw him rub between his Fingers, he tossed down, and said, there's as good a King William's and Queen Mary's, as ever was coined: and I saw something of a Head upon that, I am certain: but it did not found like good Money.
Samuel Etheridge confirm'd Mr Blackwell's Evidence, and added, that he went to the Prisoner in Gaol, and asked him, if he had ever been at Blackwell's Coffee-House? To which the Prisoner answered, No; nor did he know where it was.
Mr North deposed, That he having secured one Thomas Wood . for uttering counterfeit Money. Brown, (a former Witness) sent for him to a Tavern, and told him, that the Prisoner (who had married Wood's Daughter) was one who counterfeited the Coin, and put it off. That he took the Prisoner upon this Information, and searched his House in Ward's Rout's, but found nothing, except some Powder in some little Holes and Corners of the House, which answered the Description of that which Brown said he had seen him rub the Shillings with. That the Prisoner had prevaricated in all the Answers to the Questions he put to him, and denied that he had ever been at Blackwell's Coffee-House in his Life.
The Prisoner desired Mr North might be becaked, if he had not given Christopher Brown, otherwise Bawes, Money to appear against him? Mr North answered, that Brown was poor, and as he offered himself voluntarily, he had given a Shilling, now and then, - and sometimes 2 s. or half a Crown, once in a Week, or a Fortnight: and that he once gave Harris three Shillings.
Harris deposed, that that Money was not given her to swear against the Prisoner.
Mr North added, that before last sessions, sBrown went away from his Lodgings, and he knew not where
Robert Anderson deposed, that he went with Harris to the Prisoner's House, and had Orders to take particular Notice, whether she knew it. That he walked before her, and went past the House, but she called him back, and shewed it him.
Jury to Watson the Landlady. Have you seen Harris come to your House after the Prisoner?
Watson. I don't remember her: but I did not mind who came after him.
Jury to Brown. Is Brown your true Name?
Prisoner. Was not you charged with a Conspiracy by the Name of Bews?
Brown. I was charged with a Conspiracy against Drinkwater, by a Person whom I never saw in my Life. I was indicted by the Name of Baws, and not Bews.
* See January Sessions, 1737.
William Clark . I know Bews, he lived in the same House with me, and went by that Name, as well as by Brown. About Christmas last he came to me, and said, there is a Man in the Counter for counterfeiting the Coin, and you may do a Thing which won't hurt you, and you may get 40 £. in your Pocket. If you'll go along with me, I'll shew you the Man, and the House where he lived, that you may be the more positive: and if you'll do this you may be relieved, till his Trial comes on. - I was to swear I saw him counterfeit the King's Coin. I never saw the Prisoner, till about two Hours ago, I was going to buy two Shilling's worth of Velvet to make Cloggs, and Mr Serjeant told me, the Prisoner was to be tried to Day, and that it would be of Service to him to come here; so I came voluntarily.
Brown. This Fellow sends his Wife out a-whoring for Six-pence a Night, and it is the only Way of living he has.
Mr Pankerman gave an Account that the Prisoner worked with him as a Distiller about the Time of the Date of the Prosecution, and had lived with him half a Year before. That he had worked with him at Times, for seven Years past, but had left him in July last. That he found him honest while he lived with him, but knew nothing of him since July. He added, that he believed the Prisoner had kept Hogs and Horses too, and that the Prisoner's Father was an honest Man.
Mrs Vanderesh, Mrs Triam, Mrs Weaver, and Mrs Barker, gave the Prisoner a good Character. Acquitted .
Mr Millar. On the 21st of March, about 10 o'clock at Night, I was laid hold of by a Girl in Fleet-street , who desired me to give her a Pint of Wine: I refused; and while I was talking to the Girl who had stopped me, and held me by the Sleeve, the Prisoner came up; and getting between the first Woman and me, she (the Prisoner) put her Hand into my left Breeches Pocket, and pulled out a Specimen of Minerals, which she dropped in the Street. I was sensible of it, and pulled her Hand immediately out of my Pocket, and told her to take Care of herself, for if she persisted in such Actions, she would come to the Gallows: and for Fear my Watch should be taken, I kept my Right-hand upon my Fob. The other Girl, who then stood on my left Side, picked my Handkerchief out of my Pocket, and told the Prisoner, she had got it. Hearing this, I took my Hand from my Fob, to feel whether my Handkerchief was gone, and, in the mean Time, the Prisoner picked my Watch out of my Fob. Upon this I seized
Prisoner. Was I in company with the other Woman?
Mr Millar. She was not standing with her at first. The other Woman was standing by her self, at the End of a court, and gave me a Pull by the Sleeve as I passed by; and after she had stopped me, the Prisoner came up immediately. She was carried that Night to the Gatehouse, and the next Morning before a Magistrate, who committed her.
Prisoner. As I was coming down the court, I met this Gentleman, running after a Woman; he snatched hold of my Handkerchief and said I belonged to the Woman who had got his Gloves and Handkerchief. I told him I did not; and desired him not to take my Handkerchief, but go with me to the House, where I saw the other Woman go in.
Dorothy Churchman , had known the Prisoner about a Year, and deposed that she was Apprentice to a Truss-maker , and lodged with her in Fleet-Lane, that she always kept good Hours, and did not go out to pick Gentlemen up.
Mary Arnold , gave an Account, that Mr Millar came with the Prisoner to her House in the court, and said he had lost his Watch; and after he had secured the Prisoner, he took a candle, and search'd about the court, and under a Stone which the Paviours had taken up to mend the Pipes: and that he did not say the Prisoner had it, but that they had got it among them; and that it was a fault of his, Acquitted .
241. William Harvey was indicted for stealing a Ream of white Paper, val. 9 s. the Goods of Messieurs Strahan, Clark, Gray, Shuckburgh, Corbet, Hawkins, Wilcox, Millar, Cave, Brindley, Wood, Chandler, Bettenham, Ward, and Osborne , Feb. 29 . And,
244. + William Mac Carrol , of St Lawrence Jury , was indicted for that he not having the Fear of God before his Eyes, &c. in and upon Elizabeth Moreton Spinster did make an Assault, and her against her Will feloniously did ravish, and carnally know , March 19 .
Elizabeth Moreton , (13 Years of Age, the 21st of July next,) after having been asked some Questions about the Nature of an Oath, was admonish'd to speak nothing but what was Truth. The substance of the Account she gave was, that about Midsummer last she went to live with a Gentlewoman who then lodged in the House of Mr Henry in Mumford's-Court in Milk-Street. That one Morning her Mistress being gone to Market, and no one being left in the House but her, and the Prisoner, who was a Servant to Mr Henry; He came up Stairs, and would have tempted her to have gone down Stairs into the cellar with him, but she refusing, he took hold of her, and forcibly carried her thither, tho' she scratched his Face, and clung to the Bannisters of the Stairs. That when he had got her into the cellar he laid her down on the Ground; and held her down by keeping one of his Hands on her Forehead. [The Witness proceeded in her Account of the Prisoner's abusing her, and of his Behaviour to her, but our Regard to Decency obliges us to veil it.] She said, she cried out, Murder! but he kept her down, and almost stifled her. That after this, she was very ill, and could hardly walk; but was fearful to discover the Injury the Prisoner had done her left her Father and Mother should be at her. She was asked a Question, which in such unhappy cases the Law makes necessary, and she answered in the Negative. She farther deposed, that her Mother at last discovered her Illness, by her Linnen, and that upon her being examined by her Father, she told what the Prisoner had done,
Rochael Moreton, the Child's Mother, deposed, that she had observed her for some Time to walk comically, but she thought her Shoes might hurt her Feet. At last she [being frighted by the Appearance of her Linnen] got her Husband to examine her; and she then gave the same Account of the Cause of her Disorder, as she had now done. She added, that about a Fortnight before this Injury was found out, her youngest Child having been taken ill in the same Manner, she got Mr Markland, a Surgeon, to examine them both, and found they had got the Foul Disease upon them.
Mr Markland depos'd that he examin'd the Children, and found the first Witness miserably clapp'd. His Answers to some Questions did not amount to a Proof of the Fact, as charged in the Indictment; but it was his Opinion, that a venereal Taint might be communicated by meer Contact, &c. which would produce the Disorder the Witness laboured under, without infecting the Blood.
Simon Henry , the Prisoner's Master, depos'd, that the cellar where the Child pretended the Fact was done, was an open cellar, with a Window next the Court; that the Prisoner had behaved well with him, and that no Maid who had lived with him, had complained of his Behaviour. It was his Opinion, that the Prisoner had not been disordered, as to his Health; and that if the Girl had cry'd out, she must have been heard, because the Court was a publick Thorough-fare.
James Sample , a Surgeon in Behalf of the Prisoner, deposed, that he had examined the Prisoner and found him free from any Venereal Disorder, and that Mrs Moreton had refused to let him view her Children, with another Surgeon of her own chusing.
The Jury desired the Girl might be asked, in what Part of the cellar the Fact was committed? She deposed, it was done in that Part which was farthest from the Window.
Elizabeth Bennet , and Molly Connolly, never had heard an unhandsome Word, or seen an uncivil thing from the Prisoner, in their Lives: they had washed his Linnen, and had never seen any Symptoms of his being disordered. Acquitted .
245. + Edward Head , was indicted for breaking and entering the Dwelling house of William Turner , about 9 at Night, and stealing a Glass Bottle, with 3 Pints of Rum and Brandy therein contained, val. 4 s. Dec. 7 . Acquitted .
Elizabeth Abbot was discharged, there being no Prosecution .
And Francis Bush died in Goal.
Thomas Lyell , John Roberts , and Lawrence Sidney , on the Oaths of George Brisac , the Honourable John Barrington , Francis John Tyson, George Spiltimber, Stephen Broughton , Joseph Swaine , and John Kellet , Esqrs. for being common Gamesters, and winning from them, at the Masquerade in the Haymarket, upwards of 390 £. by false and loaded Dice, and want of Sureties . And
The Trials being ended, the Court proceeded to give Judgement as follows:
Received Sentence of DEATH, 7.
TRANSPORTATION for 14 Years, 1.
TRANSPORTATION for 7 Years, 27.
Of the Persons mentioned in our last, who were ordered to remain,
Elizabeth Abbot was discharged, there being no Prosecution .
And Francis Bush died in Goal.
Mary Burn , committed by Thomas De Veil , Esq; on the Oath of Rose Bignell , for being concerned with several Persons in the Murder of George Hawkins , was ordered to remain till next Sessions. - This Murder was committed at the Rose in Oxendon-street. Marmaduke Bignell , who kept this House, and his Man Richard Ford , were sentenced to be transported last Sessions for a Robbery therein. See their Trial, p. 89.
Thomas Lyell , John Roberts , and Lawrence Sidney , on the Oaths of George Brisac , the Honourable John Barrington , Francis John Tyson, George Spiltimber, Stephen Broughton , Joseph Swaine , and John Kellet , Esqrs. for being common Gamesters, and winning from them, at the Masquerade in the Haymarket, upwards of 390 £. by false and loaded Dice, and want of Sureties . And