THURSDAY the 22d, FRIDAY the 23d, and SATURDAY the 24th of May.
In the 13th Year of His MAJESTY'S Reign.
Fifth SESSIONS in the MAYORALTY
Right Honble. Sir John Salter, Knight,
LORD-MAYOR of the CITY of LONDON.
Printed, and Sold by T. COOPER, at the Globe in Pater-Noster-Row,
Of whom may be had compleat Sets of the Proceedings in the last Year, Price 4s. And any of the former Parts in this, Price 6 d. each.
BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord-Mayor of the City of London, Mr Justice WILLIAM FORTESCUE , Mr Justice PARKER, Mr Baron WRIGHT , Sir JOHN STRANGE , Knt. 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.
Josias Brain . On the 6th of this Month, this Spoon was found upon the Prisoner; 'tis my Property, and- 'twas missing about 6 o'Clock in the Evening. I am a Drawer at Sadler's-Wells , and have belong'd to that Place these 7 Years. My Wife sent for me from thence, to my Lodging, that Evening, and I found the Prisoner in my Room; she was charged by my Wife, with having taken the Spoon, and I called the next Witness ( Harry Hales ) into the Room, and he found is upon her, because I had so much Modestly, I could not put my Hands where he did; I was in the Room at the same Time, and am sure the Spoon which he took from the Prisoner was my Property: For it was my first Child's Spoon, and there's my Name, and my Father's and Mother's Name upon it.
Hen. Hales. Josias Brain called me up Stairs at that time, and told me his Wife suspected the Prisoner had taken a Spoon. I put one Hand down her Bosom, and the other Hand up her Petticoats, and took the Spoon from under her Petticoat- Strings, between her Skin and her Smock, and the Tightness of her Petticoat-Strings had bent it. This is the same Spoon I took from her, and which Brian own'd to be his. She deny'd the Fact, till I found it upon her; then she said she was sorry for it, and when she was before the Justice, she begg'd for Mercy.
Rose Brian . I am the Wife of the first Witness. The Prisoner on the 6th of May sent to desire me to come to her, and she would inform me that I might have a Child to nurse, of one Mr Foster in the Temple. But I had some Milk then boiling on the Fire, so I desired her to come to me for an Answer. She accordingly came, and while she was in the Room, I missed the Spoon from a little Stand at the End of the Chimney: I was sure I laid it there while the Milk was boiling, and therefore I taxed her with taking it. She denied it, and said she would make me suffer for challenging her upon such an Account, and told me I had only mislaid it: But I sent for my Husband, and the Prisoner was taken by him and Hales, into another Room, where (they told me) they searched her, and this is the Spoon which I missed, and which (they said) they found upon her. When I first charged her with taking it, she threatened me, and said, - whoever took it away would certainly have taken the rest, for there were two other little Spoons lay by it.
Prisoner. I did take it up, and I thought to have laid it down again before I went out of the Room, - but I did not.
248, 249. + Alice Bannister , and Albena Towers , of St Sepulchre's , were indicted for privately stealing a Piece of Linnen-cloth called Sleezy, val. 17s. the Goods of Isaac Tarrant , in his Shop , April 22 .
Mr Tarrant. I was not present when the Goods were taken: I was invited out on the 22d of April to spend the Evening; and apprehending the Business of the Day was over, I went out about 8 o'Clock, and bid my Servant shut up the Shop: but I was immediately sent for, with a Message,. that my Servants had got two Shop-lifters; upon which I returned immediately, and they told me they had taken this Piece of Linnen from the Prisoners; it is my Property, and here is my Mark, and Number upon it: I am sure it was in the Shop when I went out, and I value it at 17s.
James Hind . I am Servant to Mr Tarrant, and know this Piece of Sleezy to belong to him, there's his Mark and mine upon it, and it is numbered. The two Prisoners came into the Shop on the 22d of April, under Pretence of buying some Printed Linnen; I shewed them several Pieces; they did not like any of them, but desired to see more. Accordingly I brought more forward, and at last Towers pitched upon one Piece, and gave me Six-pence earnest; telling me, she must go and fetch her Mother, and if her Mother liked it she would have it, but if she did not she must have her Money again in a Quarter of an Hour. Then they were both going off, but from their Actions I mistrusted they had got something which did not belong to them, so I called them back again and searched them; and this Piece of Cloth I took from under Bannister's Cloak, and I am sure it was in the Shop when they came in. I asked Bannister when I called her back, what she had got under her Cloak? Towers replied, - whatever she has got, it is none of yours. I desired to see it, and found it was ours, with our Marks on it. I shewed my Master (when he came home) the same Piece, which I had taken from under Bannister's Cloak.
Bannister. I had been out that Day in the Morning, with a Hundred and Half of Herrings, and in the Afternoon I was out with Raddishes: After which, Towers came and asked me to go with her to buy a Bit of Linnen. I told her I was too dirty to go to a Shop; so she borrowed a Cloak for me, and while we were in this Shop, she gave me this Piece of Linnen to hold for her, and I thought she had paid for it. I had Opportunity enough to have gone off with it, if I had known she had not paid for it.
Hind. The Piece of Linnen which I took from Bannister, was not the same she gave me earnest for. It was printed Linnen she pretended to buy. Both Guilty 4 s. 10d.
250. Mary Thompson , Wife of Thomas Thompson , of St Giles Cripplegate , was indicted for stealing (May 10 .) a Brass Saucepan, val. 1 s. 6 d, a brass Candlestick, val. 6d. a Pewter Plate, val. 6d. a Pewter Porringer, val. 6d. and a copper Panniken, val. 6d. the Goods of Richard Price in a Lodging let to Thomas Thompson .
Richard Price. The Prisoner and her Husband worked Journey-work with me; they lodg'd in my House, and had a Room at 2s. per Week. My Wife gave the Prisoner the Things mentioned in the Indictment, for her Use; and she carried them away and pawned them, unknown to either her or me. When we asked her for them, she first said she knew nothing of them; afterwards she said the Things were full of Milk at her Nurse's. But when I bid her Husband get my Goods, he told me his Wife had pawned them. Upon this I called her down into my Parlour, and charged her with having pawned them, and she down'd on her Knees, and confessed she had pawn'd some of them at the Anchor, in White Cross-Street, and some in Barbican. This Confession she made last Sunday was a Fortnight, but, as she had Children, I was tender of prosecuting her; and she took hold of my Coat, and said she would die by my side, if I was resolved to prosecute her. Afterwards, when she found I did not prosecute her, she told me she would prosecute me, and came several times to my Door, and called out - Dicky Price, why don't you prosecute me? I was forced to come from the Tavern one Night, to get her away from my Door. The Goods are in Court, and here are the Pawnbrokers, to whom she had pawned them. I was present with my Wife when she lent the Goods to the Prisoner, and she has used them an Hundred and a Hundred Times in my Sight
John Winter , Constable. On Sunday the 10th or 11th of May, Mr Price sent for me to take up the prisoner; he called her down Stairs, and she fell on her Knees and begged Pardon. She own'd she had pawn'd the Things, and said they should be fetch'd out of Pawn the next Day. After this, she came to my House, and said, that as Price
* This Offence was not Felony before the Statute 3 and 4 W. and M. c. 9. which enacts, That if any Person or Persons shall take away, with intent to steal, any Furniture, which by Contract, or Agreement, shall be let to him or them, to use with their Lodging, such taking shall be adjudged Felony - Now, in, case, the Lodgings were not let to Mary, but to her Husband Thomas Thompson , nor were these Goods let with the Lodgings, but lent to the Prisoner.
Nich. Rial. On Saturday the 26th of April, I was obliged to go from my Shop in Westminster-Hall , to St James's, and I got Mrs Gill at the next Shop to cast an Eye while I was gone. When I returned, I missed four Books, mentioned in the Indictment. In the Afternoon I enquired after them, and heard that such Books had been offered to be pawned at Mr Stone's, in Long-Acre. I went thither, and found four Books of the same Title; I believe they are mine, but I have no private Mark in them, so I cannot be positive to them. I am sure I had four such Books in my Shop when I went out; and when I returned, they were gone.
Prisoner. When you came to the Gatehouse to see me, did not You say you was sorry for my Misfortune, and if it was in your Power, you would set me at Liberty?
Mr Rial. I did say if it was in my Power, I would do it.
Prisoner. I do not disown that I pledged them.
Balderstone. These are the Books the Prisoner brought to me.
Rial. I believe they are mine, but I am not positive to them, because there is no private Mark in them.
Balderstone. The Prisoner pawn'd them to me for 7 s. I asked him whose they were, and he told me they were his own. After I had taken them in, I had some Information that they were stole, and the Prisoner coming again, to pawn another Book, I stopped him; and the Book he brought the second Time, belongs to another Man.
Prisoner. The Day before I pawn'd these Books, I met a Man, who hawks Books about the Streets, and bought the odd Book of him: Then I asked him about these 4 Books, and he brought them to me the next Day, at an Alehouse, and I bought them; but afterwards wanting Money, I pledg'd them. As to bringing my Friends to my Character, - the Prosecutor lull'd me up, in Hopes that I should not be prosecuted, and I did not care to disgrace my Family, by letting them know of this Misfortune. When I was sent to Newgate, the Prosecutor maintain'd me, and I was remov'd from the Common, to the Master-Side, and should have had nothing but the Prison-Allowance, if the Prosecutor had not given me Money.
Rial. I did go to see him in Prison, and gave him a Shilling.
The Titles of the Books were read, and agreed with the Description in the Indictment. Acquitted .
Henry Warr . On Friday Morning, the 25th of April, I was at an Alehouse over against my Stall, at the Mews - Gate , and among other Books I left Boyer's French Dictionary. I was about half an Hour from my Stall, and when I return'd I miss'd the French Dictionary, and got a Porter to look after my Stall, while I went about among the Trade, to desire them to stop it, if it should be offered to Sale. On Monday Morning Mr Wright, a Bookseller in Exeter-Exchange, inform'd me, that he believed my Book was at Mr Stone's, the Pawnbroker's. I went thither, and saw it, and told him it was my Book. The Book which I lost, I found at Mr Stone's. This is the Book, I believe 'tis mine; there were two Marks in it, when I lost it, which were made with a Black-lead Pencil, on the 2 Covers, at the Beginning and End of the Book; but they are now rubb'd out, and so they were, when I saw it at the Pawn-broker's. I can't swear positively to it, because the Marks are rubb'd out; but I believe 'tis my Book.
Balderstone. The Prisoner brought this Book to me to pledge, on Friday the 25th of April. He
The Title of the Book was read, The Royal Dictionary Abridg'd, &c. which not agreeing with the Description of it in the Indictment, the Prisoner was acquitted , and the Prosecutor was directed to prefer a new Bill.
Henry Warr, I lost a Book call'd the Royal Dictionary Abridg'd, on Friday the 25th of April. On Monday following, I found such a Book at Mr Stone's, and told him, I believed it was mine, and desired him to stop the Man who brought it, if he should come again. On the Wednesday following the Prisoner was stopp'd there; I was sent for, and the Prisoner was carried before a Justice.
Prisoner. I own I pledg'd that Book, but I would ask the Gentleman, if he is positive 'tis his?
Warr. I lost such a Book - I believe it is mine, but I am not quite sure of it, because there are many Books bound in this same Manner.
Balderstone. This Book the Prisoner pawn'd to me. Acquitted .
252. + John Clarke , alias Smith, alias Pugg , of Pancras , was indicted for assaulting Richard Mason on the King's Highway, putting him in fear, &c. and taking from him a Watch, with the inside and outside Cases made of Silver, val. 40 s. and a Cornelian Seal, set in Gold, val. 10s. May 6 .
Richard Mason . On the 6th of May, between two and three in the Afternoon, I was going to my Business at Colney-Hatch , and at the Bottom of the Long-Fields , by the Side of the Pond, I saw a Man well dress'd, poking into it with a Stick; He call'd to me, and said, - there was a great Rat run into a Hole in the Bank! It may be so, - said I, and upon that he came up from the Pond- side, and walk'd on one side of me; and in about five Minutes Time he pick'd up a Catcher and Ball, and said he had found something. The Prisoner immediately came up, on my other Side, (unseen by me, 'till he was at my Side) and he wanted to buy the Catcher and Ball, of the Man who found it. I had no Knowledge of the Man who came up to me first, but I am sure the Prisoner is the Person who came up next, and wanted to buy the Catcher and Ball. They soon agreed for six-pence, and the Money being to be spent, they desired me to go with them, and drink a share of the Beer. Accordingly, I went with them to Spencer's House, the Sign of the Adam and Eve , at the Side of Pancras-Church Yard , and we sat down on a Bench before the Door; they call'd for a Pint of Home-brew'd, and the Boy that belongs to the House, came to the Door, and said to the Prisoner, - How do you do? How does your Master do? says the Prisoner, - I am just come from him at the Queen's-Head. After this, they desired me to walk in with them; and we went into the Back-side of Spencer's House, and sat down under the Back-shed. Then the Prisoner laid down his Hat, and desired Leave to go to the Little-house: When he returned, he brought in another Man, and this Man would lay a Wager of a Shilling, (to make the Company drink) that he caught the Ball in the Catcher, oftenest in 5 Times; and one of them asked me to give him 2 Sixpences for a Shilling: I pull'd out a Guinea, and four Shillings, and gave him 2 Sixpences, and immediately one of them snatch'd the Guinea out of my Hand, and then they push'd me out at the Back-Gate. I went away, and thought it was best to get from them; but they all 3 followed me, and when I had got about 500 Yards from Spencer's House, and about a Hundred Yards past the Corner of Fig-Lane, they made a full Stop upon me, and demanded my Watch. - They saw I had one, when I pull'd out my Money at Spencer's. One of them drew it out of my Pocket, and gave it to the Prisoner, who ran away with it over the Fields. They did not threaten me, but only laid hold of the Skirt of my Coat, and bid me give them my Watch: and one of them at the same Time drew it out of my Pocket, with the Cornelian Seal, set in Gold. - They first asked me, Where my Watch was? One of them stopped me, by getting before me, and the others came up, one on each Side of me; I was in such a Surprize, when they asked me for my Watch, that I could make no Answer. - 'I was the Man who caught hold of the Skirt of my Coat, that took my Watch out of my Pocket, and gave it to the Prisoner; I have not been able to find him yet; but I know his Face well. - To be sure I was afraid, when they follow'd me, and demanded my Watch: And upon my Oath, the Prisoner was the Man, who got before me, and stopped me, when my Watch was demanded. After they had got my Watch, I went back to Spencers
Jury's Q. Did you play with any of the Men for the Watch?
Mason. No; I did not play at all; neither for the Watch, nor Money.
Prisoner. Did not you lay me a Shilling, and did not you win it?
Mason. No, I laid no Wagers at all.
Prisoner. Did you not lay down a Guinea, upon a Wager?
Mason. No, I did not; when I pull'd out my Money, to look for 2 Sixpences, they snatch'd it from me.
Prisoner. Did you not offer to sell us your Watch?
Mason. No; I never did.
Robert Rhodes . I am a Headborough, and went with the Prosecutor to Spencer's at Pancras, to see for the Men who had robb'd him, but not finding any of them, we went to several other Places, without any Success. But on last Execution-day at Night, we concluded to go to Covent-Garden Play-house to look for the Prisoner; and there we met with one Purvis, who told us he had seen him about 5 Minutes before we came; so we went to a Publick-house in James-Street, Covent-Garden, and there we found him; I knew, and seized him, and told him he was my Prisoner. I think it was at the Sign of the One Boot. He asked me on what account I seized him? I told him, it would be time enough to inform him when he came before Colonel De Veil. '' Why (says he) I know '' I must go to Newgate, and I am as well acquainted '' there, as I am here. I know what it '' is for: it was not me, who took the Man's '' Watch, - it was another Man took it, and '' that other Man gave it to me, and I ran cross '' the Fields with it.'' I had not mentioned one Word about the Watch, when the Prisoner said this to me; but we had been at Spencer's about it, and Spencer offered Mason his Watch and his Money again, and I believe the Prisoner might have been informed by Spencer, that we were looking after him on Account of this Robbery. I do not know what he had about him, when he was taken, for we detained him at a Publick-house, till the Prosecutor came to us, and did not search him. When the Prosecutor came to us, he denied the Fact, and shammed drunk, and mad; but I am sure he was sober when I laid hold of him, and he drank nothing at all afterwards. He behaved in a very insolent Manner before Colonel De Veil, and we were obliged to hand-cuff him: and as we were carrying him down Holborn, to Newgate, he told us, - if he had a Pistol, he would blow our Brains out.
Prisoner. When this Man took me, there was one Mould with him; and Mould pulled out a Pistol, and held it to my Breast, and said he would shoot me, if I did not come along. The Prosecutor said he sent me the Guinea, and lost his Watch at Play; but they bid him swear it, - swear it; and knock'd me and my Wife down.
Andrew Harter . When we took the Prisoner at the Publick House, I told him I had Colonel De Veil's Warrant against him for a Robbery. Says the Prisoner, - '' I did not do it, - I '' was not the Person that took the Watch: there '' were three of us together; and it was another '' who was in the Company took it, and they ran '' across the Fields with it.'' I cannot swear that he said another Man delivered it to him, but the former Witness had been with the Prisoner two or three Minutes before I came in. - The Prosecutor was not present when the Prisoner said this.
Jury. Was he charged with having taken the Watch from the Prosecutor, when he said this?
Mr Rhodes persisted in it that the Account he had given of the Prisoner's Expressions, when he took him, was exactly true, and he repeated them again, agreeable to his former Evidence.
Prisoner. He perswaded the Prosecutor to swear against me for the Sake of the Reward.
Mr Rhodes. Upon my Oath, I did not speak to any one; about swearing against him for the Sake of the Reward, nor do I want any of it.
Prisoner. Did not you see me at Spencer's with the Prosecutor and another Man; and did not you see me playing with the Catcher and Ball?
Simpson. Yes, I think it was the Prosecutor; and another Man was with them: I carry'd a Pint of Beer, and some Bread and Cheese, and saw the Prisoner with the Catcher in his Hand. I think this was in April last.
Josiah Beltram . I keep a Barber's Shop, and used to shave the Prisoner; I have known him 2 or 3 Years: He always paid me honestly. - I cannot tell what he does for a Living, - he does what People will employ him about. Guilty . Death .
William Coster . I lost a Silver Tankard last Friday. The 2 Prisoners came into my House, (the Sign of the Bell and Grenadier in Grub-Street ) about 9 in the Morning, and called for a Tankard of Beer. They were served with the Beer, in a Tankard without a Lid; and after this, they sent for some Salmon, and then called for another Quart of Beer, which was carried to them in the Tankard which I lost. While they were drinking in the House, I had a Friend came to see me, and he said with me till 12 o'Clock; I then asked him to step into the Kitchen and dine with me. While we were at Dinner, we heard the Door open, and my Wife asked me, if the Women had paid their Reckoning? I told her yes. But have you taken care of the Tankard said she? upon this I stepp'd cut to look after it, and both Tankard and Women were gone. I saw it brought to them. They had it, and no one else; for my Friend and I were drinking at the same Table, and they shoved themselves into our Company, and said they would drink with us. Their Reckoning came to 8 d. which they paid before my Friend and I went into the Kitchen to Dinner; and while we were at Dinner I heard the Door open; upon which I stepped into the Room to look for the Tankard, and missing it, I went out of Doors after the Prisoner. West I took in a Minute, upon the Spot, but she had nothing upon her. However, I carried her before Sir John Thompson , at Guildhall, who committed her to Newgate; and just as I was carrying her thither, Mr Bennet a Goldsmith, came to Guildhall with the Tankard, and the other Prisoner, ( Armstrong, ) but Sir John Thompson being gone from the Hall, she was carried before my Lord Mayor, who committed her likewise. I saw the Tankard which Mr Bennet brought with him; 'tis mine, and 'tis mark'd W. C M. This is the same which the Prisoners had before them, and which I owned at Guildhall: about three Months ago, it cost me 8 l. 16 s. as near as I can remember; but it was upwards of 8 l. I am sure. I have never seen the Prisoners since they were committed 'till now.
Joseph Reader . On Friday the 16th of this Month, I went to Mr. Coster's to drink a Pint of Beer. The two Prisoners were drinking in the same Room, and sent for some Salmon, and asked us to eat some. About 12 o'Clock Mr Coster invited me to dine with him; and I went backwards with him into his Kitchen. While we were at Dinner, we heard the Door open, and the Prisoners being left with a Silver Tankard before them, Mrs Coster asked her Husband if he had taken Care of the Tankard, and told him the Creatures were gone. He went immediately from Table, and missing the Tankard, he ran out into the Street and took West. She was carried before Sir John Thompson, who committed her: and before we got away from Guildhall, the Gold-Smith brought Armstrong, and the Tankard, which was directly own'd by Mr Coster.
Mr Bennet. The Prisoner, Armstrong, came last friday Morning to my Shop, and offered this Tankard to Sale. I asked her whether she sold it for herself, or for another Person? She told me it was her own. How long have you had it, said I? She said her Husband bought it about 4 years ago; but now she was necessitated to sell it. I desired to know what I must give her for it? She told me, she supposed, I could not give less than
West. I had been drinking with this Armstrong at the Prosecutor's House, and went home. The Prosecutor came after me, and took me in my own Yard.
Coster. I pursu'd her, and took her in her own House, and there are but two Doors between the House where she lives and mine.
West. I own I was drinking with her, but I know nothing of the Tankard.
Armstrong. Yes; we had both been drinking plentifully; but I know nothing of the Tankard.
Jury. How long was it after you miss'd the Tankard, before you took West?
Coster. I took her in 2 Minutes after I had miss'd it; but I saw nothing of Armstrong, 'till she was brought to Guildhall.
John Pepper. Those two Prisoners robbed me of 4 s. 6 d. and some Half pence, last Tuesday was se'nnight in the Morning, - Wednesday Morning I think it was, between 2 and 3, or 3 and 4 o' Clock in the Morning. I was with them in Half-Moon-Alley , in Bishopgate-Street , and they there picked my Pocket, and tore my Pocket out, and afterwards hurl'd it at me again. I was sensible of what they were doing; I felt them, and strove to save my Pocket, as much as I could, for it was done with Force. When they had got my Money, and had tore off my Pocket, they flung that to me again, - here it is to shew. - Then they ran away, and I ran after them, and call'd the Watch, - here's my Pocket. I had been out with my Cart to do some Business, in Gravel Lane, in Petticoat Lane, and when I had unloaded the Cart, I sent it home by another Man, and staid drinking in Gravel Lane, 'till towards Morning; then I set out in Order to go home, and as I came through Hand Alley into Bishopsgate-Street, I saw a Man before me, and two Women a little before the Man. The Man asked me, Where I was going? I told him, I was going home to the Three Cranes: But he desiring me to go with him and drink a Pint of Beer, I went with him; and while we were drinking the Beer, in came the 2 Prisoners, and called my Companion their Brother. When the Reckoning came to be paid, he had got no Money, but yet he called for another Pint of Beer, and I paid for all. Then they carried me into Half-moon-alley, and robbed me. I had no Familiarity with them at all.
Prisoners. Ask him if either of us were near him, for I never saw him before?
Pepper. They were the Women, and none else, I know them very well; but I never saw them before that Morning, and I never desire to see them any more.
Francis Hunt . Last Wednesday Morning was se'nnight, between 3 and 4 in the Morning, the Prosecutor came running out of Half-moon-alley, as hard as he could, and complained that two Women came up to him, one on each Side, and had pulled out his Money, Pocket and all, and had flung his Pocket at him again. The two Prisoners came out of White Hind Court, (while the Man went back to see for them,) and they went round some Ruins into Three Tunn Alley, and so into White Hind Court again. I saw them as soon as I came out of the Court, and Thomas Whaley , (a Brother Watchman) and I, stopped them, between Sweet-Apple Court, and Dunning's Alley. The Prosecutor charged us with them, for robbing him of 4s. 6d. and some Half-pence. They fell to swearing and damning, and said they had none of his Money, not they; - they had no more than a Penny or Three half pence about them, which they would lay out for a Dram to make us drink. But the Prosecutor being positive to that, we carried them to the Watch-house, and by the Constable's Order, I searched that Creature (Harding) as far as Modesty would let
Harding. But it was my own Money.
Pepper. The Money I lost, was one Half-Crown, two Shillings, and some Half-pence.
Joseph Key's Evidence was agreeable to Hunt's and Whaley's. He likewise deposed, that Half a Crown, a Shilling, and Some Half-pence were found in Harding's Stocking, after they had both swore they had no Money about them.
They were both acquitted of the privately Stealing; but were found Guilty of single Felony .
257. + John Robinson was indicted, (with Alexander Afflack , not taken) for stealing a quilted Petticoat, val. 10s. two Silk Gowns, val. 3l. a Silk Petticoat, val. 10s. and a Pair of Stays, val. 20 s. the Goods of Susanna Peck , in her Dwelling house , April 22 .
Mrs Peck. I live in Jermyn-Street , and missed the Goods mentioned in the Indictment, out of an Escrutore in my Dining-room, on Sunday the 27th of April last. I heard nothing of them till the Thursday following; and then Crates, (the next Witness) came; between 3 and 4 o'Clock, and desired to know if I had not lost any Cloaths? I told him I had. He described the Things I had lost, and I shewed him a Piece of Silk, which he said was of the same Sort with some of them. Then a Man, who came with the Evidence, told me, I must go to Colonel De Veil's, where I might see the Goods and swear to them: but when I got there, I was informed they had been sold to one John Johnson in Holborn, on the same Day they were stole. The Colonel sent for him and the Cloaths, and he refused to come. He sent for him a second Time, and threatened to fetch him with a Warrant; upon which he promised to come that Night, or next Morning. The Messenger went for him again, and then both Johnson and his Wife were abroad; but upon the Colonel's sending for him next Morning, he came; and I saw my Things and swore to them.
Prisoner. Ask her if she lost no more Things?
Mrs Peck. There was another quilted Coat stole, but that was not mine.
Prisoner. She said, before Colonel De Veil, she had lost a Handkerchief and a Pair of Stockings.
Mrs. Peck. No; it was Coates said so. I did not know that I had lost the quilted Coats, till I came home; and I could not swear to them, till after I had been at home: then I found the white Coat was mine.
George Coates . About five Weeks ago, the Prisoner and I, and Alexander Flack +, were going along Jermyn-street, about one o'Clock in the Afternoon, and the Street-door of this Lady's House being open, the Prisoner went up Stairs, and brought down 3 Petticoats, 2 Gowns, a Pair of Stays, and old Handkerchief, and an old Pair of Stockings. They were brought out, in the Middle of the Day, and we carried them to Arthur Bethell *, who said, he could dispose of them, if they were worth 50 l. The Handkerchief and the Stockings we gave away: the rest of the Things Arthur Bethell carried into Holborn. We bid him ask 5 Guineas for them, but he brought us no more than three. He told us he could get no more, so we had a Guinea a-piece, and gave him 2s. for his Trouble.
+ See last Oct. Sessions. No. 512.
*See the following Trial.
Mrs. Peck. These are the Things, and they are the same which I lost.
A Witness. I went for them, by the Prisoner's Direction, and found them.
Coates. Arthur Bethell, who disposed of them for us, is in Custody for robbing a Man of his Watch and Money, in the Street. These are the very same Things which the Prisoner brought out of Mrs Peck's House. We tied them up in
Arthur Bethell. I know nothing of the Lady's Cloaths, - I know nothing of Coates, (the Evidence; but I know his Wife. 'Tis she that has sworn against me about a Watch.
Prisoner. Mr Perry, and Mr Miller, got this Robbery Sworn against me, for the Sake of the 2 Guineas Reward, which the Lady was to give to have her Cloaths again.
Perry. When I took the Prisoner, he fell down on his Knees, and desired to be made an Evidence.
Miller. He did endeavour to be made an Evidence against Coates, and did not deny the Fact, when he was before Colonel De Veil. Acquitted .
258, 259. + Arthur Bethell , alias Bethwell, alias Barwin , and Martha White were indicted for assaulting Edward Edwards on the King's Highway, putting him in fear, &c. and taking from him, a Silver Watch, val. 3 l. and 3 s. in Money , April 26 .
Edward Edwards. Last Saturday was 3 Weeks between 10 and 11 at Night, as I was coming into Drury-Lane , I was knocked down, and robbed of my Watch; and after this, I was follow'd, and was robb'd of my Money, - 3 s. and three-half-pence. I can't tell the Name of the Street. - I think 'twas in Baldwin's (Short's) Gardens. After I had been knock'd down, and lost my Watch, I got up, and being frighted, I went away; but they followed me, and knocked me down again, and took my Money away. After this, I got up, and made the best of my Way home. There was 2 or 3 of them, but who they were, who were concern'd in these Facts, I cannot tell.
Bethell. Ask him if he had not been in any Woman's Company that Night?
Edwards. Yes: I had been with a School-fellow of mine, one Mary Groves , and only drank a Pot of Beer with her; and when I came out of the House where we had been drinking, this Woman (the Evidence) followed me. I had been drinking with my School-fellow, somewhere in Covent Garden.
Bethell. Was not you above Stairs with that Woman?
Bethel. Ask him if he did not want to go up Stairs at that House, with the Evidence?
Edwards. I did ask to go up Stairs with her; but the People of the House would not let me; for, as the People of the House told me, I was a little in Liquor.
Bethell. Did not you go out of the House with the Evidence, and walk a Quarter of a Mile with her?
Edwards. When I came out of the House, I left my Country-Woman there behind me; she wanted to go home with me, but I would not let her; and after I had got into the Street, Margaret Casey , (the Evidence) followed me, and went Part of the Way with me; 'till she lit of the 2 Prisoners, and then I was robbed. I was twice knock'd down, but I did not cry out, for I did not see any body in the Street, and I endeavoured to get out of their Hands. They had my Watch among them, and pawn'd it by 11 o'Clock the same Night.
Prisoner. Did not you drink with Casey, in another House, after you had left your Country-woman?
Edwards. Yes; she carried me to the Prisoner Bethell's House, where we had a Quartern of Liquor; but this was before I was robb'd. And when I went out of the Prisoner's House, they followed me, and knocked me down.
Margaret Casey . I was in a House at Covent-Garden, last Saturday Night was 3 Weeks, between 10 and 11 at Night, and the Prosecutor came in with Mary Groves , and drank a Pot of Beer with her. While he was drinking, he took it into his Head not to like Mary Groves , so I asked him to go up Stairs with me, but the Woman of the House would not permit us to go up together; because he was very much in Liquor: So I asked him to come along with me, and give me a Dram; he consented, and I carried him to the Prisoner Bethell's House, where we had a Quartern of Gin, which cost 6 d. Bethell said, He (the Prosecutor) has got a Watch, and Money I want, and Money I will have; and when he went out of the House, He, and Martha White , and I, followed him, - we all three followed him out of the House. He was not above 2 Minutes in the House, before he went out, alone, and we went after him directly, and in Short's-Gardens, Bethell knock'd him down, took his Watch, and gave it into White's Hand, and she put it into her Pocket Apron. After this he told us, He had as good be hang'd for an old Sheep, as a young Lamb, and he would follow him again. He did so, and in Drury Lane, at the Corner of Short's Gardens, he knock'd him down again, and took 3 s. and some Halfpence from him, which he likewise gave to White; and we had each of us a Shilling a-piece, but the Halfpence were not divided. Then we all came back to Bethell's House, and we looked at the Watch; Martha White took off the Seal, and the Green Ribbon, which
Bethell. Had you no more than one Quartern in our House?
Casey. No, not a Drop, 'till we came home from pawning the Watch; we then had more Liquor together at Bethell's House, and I went in Liquor to bed with him and his Wife, (White.) I had been acquainted at the Prisoner's House before this Time, and have drank Drams in it before. I can't tell whether the 2 Prisoners are Man and Wife, or not: Col. De Veil committed them when they kept a disorderly Night-Cellar, for not being Man and Wife; I know they live together.
Nathaniel Brown . Bethell brought a Silver Watch to me, on Saturday Night, the 26th of April, and borrowed 22 s. upon it. They have said it was about 11 o'clock, - I can't be positive to the Hour; I thought it had been sooner. This is the Watch, and I then took it in from him, but he had it again from me on the Monday following. I know it again, and describ'd it when Col. De Veil sent for me: And I told him I could swear to it, if I could see it. When Bethell brought it to me he was in Mourning, and had been with me, (2 or 3 Days before he pawn'd this Watch) to cheapen one for himself; and told me that an Aunt of his, in Jermyn-Street, had left him 20 l. When he came to pawn this Watch on Saturday Night, he told me, he had bought it of one Johnson in Holbourn; but it seems this Johnson is the Man to whom he sold it, after he had redeem'd it from me. I had seen him once or twice, before he came to cheapen the Watch; and when he came to pawn this, I thought it was his own, and believed he had bought one.
Edwards. This is my Watch: I bought it of Mr Haddon, in the Strand.
Prisoner White. My Husband (Bethell) and Casey, can both clear me, for I know nothing of the Matter.
Prisoner Bethell. Casey came into my House with the Prosecutor, and my Wife carried them a Dram. -
White. Did I carry it?
Bethell. Yes, you carried it in, and the Man paid 6 d. for it, and went out of the House. He wanted to go to Bed, but we could not let him, upon which he went out of the House, and Casey staid behind him 3 Quarters of an Hour; and after that she went out, and returned with a Watch, which she said was her Husband's who was in Gaol, and I, being in Liquor, pawned it for a Guinea, 22 s. and she had every Penny of the Money. On the Monday following I heard she had picked this Man's Pocket, so I went and redeemed it.
Ann Eager . I am Servant to Mr Richards, who keeps the House in Covent-Garden, where the Prosecutor came to call for a Pot of Beer; the Evidence (Casey) brought him into the House, but I do not know what Day it was; I know her to be a Pick-pocket, and my Master bid me turn her out of the House. Then I asked the Man if he had lost any Thing? He said no; and turning the Flap of his Wastcoat aside, I saw his Watch was safe. After this, He and Casey went out together, and no one else was with them. I saw no Woman with the Prosecutor, but Casey; she brought him in, and she went out with him. I remember his coming in, and going out; and I know the Prosecutor again. - That is the Man, and I saw no Woman with him, but the Evidence.
Jury. Did they drink together at your House?
Eager. No; not as I know of; they did not stay half a Quarter of an Hour in our House, because my Master saw him in Liquor; and so he bid him go home. When I first saw him, he was going up Stairs with Casey, but I pulled him down by the Coat, and then they both went out of doors together. Next Morning he came, and told us he had lost his Watch. I never saw either of the Prisoners before.
Edward Allen deposed, that himself was a Man of very good Character, and that Bethell had lodged with him about 3 Months, and worked at one Jasper's, a Baker, next Door to his House, in Great Earl Street. That he received 20 l. from the King's Apothecary, about 3 Weeks before this Trouble came upon him. That he always behaved well, and bore a good Character, and that he set himself up with the 20 l. he had received, in this House, in Short's Gardens (where the Prosecutor drank the Gin) and kept a Chandler's Shop.
Elizabeth Bethwin gave an Account that Bethell, alias Bethwin, was a Journey-man Baker at Highgate, last Summer was a Twelvemonth; and since that in St. John Street; and that afterwards, he lived with his Uncle, a Cutler. That she had married the Prisoner's Uncle, and she never heard any thing ill of him before.
Sam Fisher had been acquainted with Bethell, ever since he was a Child, he never heard any thing amiss of him, but took him to be a little soft, (or foolish) and did not believe he could have the Heart to do such a Thing.
Mrs Bethwin spoke to the same Effect.
James Desca had known White about 4 Years; he let a Cellar to her Mother, and the Prisoner (White) had been in his Kitchen to fetch Water, and he had not missed any thing. He took her to be a lewd Woman, but never heard she was a Thief.
* The Law supposing every Wife to be under the Coercion of her Husband, White called this Witness to prove her Marriage, that she might receive the Benefit arising from thence.
Bethell Guilty , Death . White Acquitted .
It appeared upon the Evidence, that the Prisoner was Trenance's Journey-man , and being left at work in his Master's Cellar, he carried out the 3 Loaves in a Bag, between 12 and 1 o'clock in the Night; but being seen by an opposite Neighbour, who stopped him, he acknowledged he had done, what was not right.
Trenance deposed, That he had not sent him out with the 3 Loaves, and that he never sent him out with any thing but Halfpenny Rolls, at that Time of Night. He swore, the Bread found on the Prisoner was his Property.
+ The felonious and fradulent taking and carrying away the mere Personal Goods of another, not laid to be from his Person, nor out of his House, is Simple Larceny; if the Goods be above the value of 12 d. it is Grand Larceny; if of that value, or under, Petit Larceny. The Punishment for Grand Larceny is to be branded in the Hand, for Petit Larceny to be whipt; or the Court may order the Offenders, in both Cases, to be Transported for 7 Years.
261. Rochford Fitzgerald , of St Martin's in the Fields , was indicted, for that he, on the First of February, 1738 feloniously made and forged, and caused to be made and forged, a certain false and counterfeit Order for the Payment of Money , in the Words and Figures following, viz.
London 27 December 1738.
Messieurs Knight and Shuttleworth.
Pay Mr Rochford Fitzgerald, or Bearer, Fourteen Days after Date, Twelve Pounds Ten Shilings.
L. 12 10 o
For Richd. Lutterell and Comp'.
The Indictment further charged him with uttering and publishing the said counterfeit Order (as above) he well knowing it to be false and counterfeit, with Intent to defraud Mess. Knight and Shuttleworth, &c.
He was likewise charged with uttering and publishing the same, with Intent to defraud Patrick Cannon, &c.
The Councel for the Prosecution having opened the Indictment, and the Nature of the Offence, the Witnesses were call'd.
Patrick Cannon. I know this Paper, 'tis a
Prisoner's Q. You speak of something on the Back of the Note; - What was wrote on the Back?
Cannon. When I tendered the Note for Acceptance, Mr Lutterel was sent for, and he asked me my Name, and where I lived? I told him, and he wrote it on the Back of the Note. I did not examine the Note when I took it, but thought it a very good one, seeing it drawn on checqu'd Paper, and I read it, at the same Time; and thinking it was a good Note, I did not take much Notice of it.
Prisoner's Q. Did you take it to be my Handwriting, when you received it from me?
Cannon. No; I did not. I did not know but it might be Mr Lutterel's Hand-writing.
Prisoner's Q. Was not you acquainted with my Hand-writing before?
Cannon. Yes; but I could not then tell whether 'twas his, or no: If I had taken it to have been the Prisoner's Hand-writing, to be sure I should not have carried it to the Bankers for Acceptance.
Prisoner's Q. Was not I arrested that Morning; and had not I some Discourse with you (before this Note was given you) about your being Bail for me?
Cannon. Yes: He was arrested that Morning, and I did not chuse to be Bail for him. He had sent for me before this, to be Bail for him for 32 l. which I refus'd; but this he said was a Trifle, 'twas but for 6 Guineas.
Prisoner's Q. Did not you say, you did not care to be Bail, because you should disoblige your Wife?
Cannon. I can't tell whether there was any Discourse at all, about my Wife. I never consult her about these Things.
Prisoner's Q. How long was it, after I came in, that you bail'd me?
Cannon. In about 8 or 10 Minutes.
Prisoner's Q. Was the Note given, before you bail'd me, or after?
Cannon. I can't resolve that Question: I think it was given me, for a Security, if I would bail him. I told him, I did not care to be Bail for him, and he gave me this Note, as a Security, and said it would be the same as Money. He told me, it was not yet due, and therefore, he could not then command the Money.
Prisoner's Q. Did not you say, you must have something to shew your Wife, before you could give Bail.
Cannon. I never mentioned a Word about my Wife, when he talked about my being his Bail, as I know of. I think the Note was given me, after I had bail'd him. I was not willing to be bail for him, but when he offered me the Note for a Security, I agreed to be his Bail. The Note was read, as inserted in the Indictment, and on the Back thereof was wrote, - Pa. Cannon, in Suffolk-Street.
Prisoner's Q. You say, you was taken up, on New-Year's Day was a Twelvemonth; When did you see me after that?
Cannon. The next Day; and several Times afterwards, but he was not taken up on this Account. The Prisoner came to me the next Day after I was taken up; and asked me, if I had not been in the City, with Mr Lutterel? I said, No, I have not. He reply'd, I thought I had seen you with him. And at that very Time, I sent for Mr Mark Lawn , and told him I would not let the Prisoner go, 'till I was satisfied for the Money I had bail'd him for. The Prisoner then said, he was sorry for what he had done, but Mr Lutterel
Prisoner's Q. Had not I surrendered myself, in Discharge of my Bail, at that Time?
Cannon. No, for on Saturday after this, he came to my House, in the Afternoon, and said, he had paid the Debt, or made it easy; but on the Monday following I had Notice, that if I did not come and pay the Money, I should be sued; so I went and gave in Bail above; which cost me 8 s. After this he gave me his Sword, and two Guineas for my Security.
Prisoner's Q. Have not I been often at your House for these 8 Months last past; and have not I been visible, and publick, in other Places?
Cannon. Yes; I believe he hath.
Prisoner's Q. Have you not declared, that at the Time the Note was given you, you knew it was my Hand Writing, and that it was deposited with you, only to make your Wife easy.
Cannon. No; I swear I never did.
Mr Lutterel was called, but the Prisoner's Counsel observing that the Indictment charged the Prisoner, with intending to defraud the said Mr Lutterel, the Court were of Opinion he could not be permitted to give Evidence, because he was concerned in Point of Interest.
The Prisoner admitted the Note in Question, to be his own Hand-writing.
Prisoner's Q. After this Note was given, was not I visible, and to be seen?
Mr Masters. Yes; I have seen him at Can non's House, after the Note was given, and after Cannon had been carried before the Lord Mayor: I cannot tell how often I have seen there; I have met him in the Streets, within these three or four Months, but have not seen him at Cannon's House, within these 8 Months last past. Formerly I have seen him in Mr. Lutterel's Company, but not since the Date of this Note.
Couns. But when you advised him to go abroad did he not take your Advice?
Mr Masters. He went abroad some time afterward, - 'twas some Time in the latter End of January; how long he staid abroad, I can't tell.
Mr Shuttleworth was called, and as it appeared that he refused to accept the Note, he could not be concerned in Point of Interest, therefore he was admitted to give Evidence.
Mr Shuttleworth. Tho' the Note was brought to me, I was not liable to pay it, unless I had accepted it. I had Money of Mr Lutterel's in my Hands, and had the Note come from him, I should have paid it. This Note was brought to me, by Cannon, on the 1st of Feb. 1738, for Acceptance. I knew it was not Mr Lutterel's Hand, but if I had not happened to have seen it, I do not know but our Servants might have accepted it.
Couns. When you saw it was not Mr Lutterel's Hand, did not you give him Notice?
Mr Shuttleworth. Yes, I sent for him.
Couns. Did you ever pay any Draught to the Prisoner, in Mr Lutterel's Name?
Mr Shuttleworth. No, never in my Life, as I know of. We had had several Draughts forged upon us; one in particular for 154 l. which made me the more careful at that Time.
Couns. Did not Mr Lutterel's Draughts used to be in the Name of Lutterel and Company?
Mr Shuttleworth. Yes, formerly they did, but not lately: not when this Note was made.
Couns. Was not the Note shewn to Mr Lutterel, at the Time it came to be accepted?
Mr Shuttleworth. Yes, it was, in order to be carried to my Lord Mayor's; and it has been either in his Hands, or mine, or the Attorney's, ever since. We gave it to the Attorney, that he might take out a Warrant for the Prisoner; but he was not taken up, for he fled; as I was told by Mr Barnard the Attorney.
Couns. [to Cannon ] Was you acquainted with Mr Lutterel's Hand-writing, as well as the Prisoner's?
Cannon. I cannot say I am; I never saw him write in my Life.
Defence. Cannon says I came to him with two Officers, - I had been with him to tell him that I had had the Officers with me, on Account of a Debt which was not my own; and not being willing to pay it, I desired him ( Cannon ) to pay it, and I appointed the Officers to come to his House, and I would meet them there. Accordingly I went thither and drank Frontiniac above Stairs, and told him I had been arrested, and by whom; and I desired him to be Bail for me, telling him I should have Money in a few Days. He made no Objection to it; but said, he had no kind of Doubt that he should suffer by me, I having often owed him more Money and paid him. Afterwards he told me, he apprehended it might occasion some Family Disturbance, and begged to be excused from bailing me, unless I could contrive to silence the Family Disturbance: upon which I took this Piece of chequed PaperGeorge Fitzgerald , in the City, and he gave me a Letter of Recommendation, that I might be assisted in the Recovery of the Debt; and having a Gentlewoman that lived with me, at that time there, I promised to come and see her at Dunkirk, for which End, I sent over some Money and Cloaths, and went to her, because some of her Friends and mine were disobliged at our living together; so I took that Opportunity to go thither; and an Affair about a Bankruptcy detain'd me there, longer than I intended to stay. But since my coming back, I have been several times at Mr Lutterel's, and fifty times at Cannon's House; and I have dined there often, I imputed this Transaction to his Ignorance rather than to any Design; but being there one Sunday Evening playing a Game at Cards, Cannon, who served the Wine, was pleased to make some Observations on the Game, which since has subjected me to another * Indictment: He alledging that I subjected the Gentleman (my Partner) to the Loss of the Game, that I might come in, for a Share of his Money which he was to lose. I intended to have prosecuted Cannon for this Aspersion, and so he brought this Prosecution against me.
* See the Conclusion of last Sessions Paper.
Mr Shuttleworth was asked if he gave this chequed Paper to People, that were to draw upon him? He answered yes, and that he believed the Cheque upon which this forged Note was drawn, was one of his.
Robert Gill . I, and Matthias Powel arrested Fitzgerald, in St Martin's Street, near Liecester-Fields, some Time in December last was a Twelve month; he was carry'd to the Py'd Bull, in Grays Inn Lane, and afterwards to Cannon's House. There was nobody with us at Cannon's, but Powel and I, the Prisoner, and Powel's Man. We went up Stairs, and I was one of his Bail, with Cannon. I don't remember any Talk about the Note, nor did I see any Note given. Cannon had been applied to before, to bail the Prisoner, in an Action in the Sheriff's Court for 30 l; but his Bail was not thought sufficient at that Time. In this Action for 6 Guineas, Robert Fitzgerald was Plaintiff, and the Suit was in the Marshalsea Court; and when the Prisoner proposed Cannon to be his Bail, he said, he did not want any Security at all; he said nothing about this Note; I did not see any thing of it; nor was there any thing said about Cannon's Wife.
Couns. Where did you first see Cannon?
Gill. At the Py'd Bull in Gray's Inn Lane. Fitzgerald and Cannon were together there, and I went with them from thence to Cannon's House.
Couns. Might not the Prisoner and Cannon be together, when you was not present?
Gill. I was not with them all the Time, for we staid at Fitzgerald's Lodgings, while he went to see for Bail.
Couns. How soon was the Bail given, after you came to Cannon's House?
Prisoner's Q. What did Cannon say, when I asked him to be Bail for me, for the Six Guineas?
Gill. Fitzgerald put his Hand in his Pocket, and pulled out some Money; Cannon said, he did not want Money at all; his Honour was sufficient. This was just before he gave Bail.
Mark Lawn . I went to Cannon's House when the Prisoner was arrested: Cannon told me Fitzgerald was arrested for 6 Guineas, and was above Stairs with two Officers. Before I went away, Cannon went up Stairs, and when he came down again, he told me, he had bail'd him, and he had a Note in his Hand. I looked at it, and said 'twas a Draught on Messieurs Knight and Shuttleworth. No, says Cannon, 'tis his own Hand-writing. Why says I, do you think the Man would be such a Fool to do such a Thing? Cannon immediately put his Hand in his Pocket, and pulled out a Letter, which he said was his Hand-writing too. I laugh'd at him, and said it was a Joke. I told him, 'twas a good Note on Messrs. Knight and Shuttleworth: No, said he, 'tis his own Handwriting: I know it as well as I do my own. I insisted upon it, that no Man in his Senses would do such a Thing; upon which he put his Hand in his Pocket, and pulled out the Letter; I compared the Note and the Letter, and never saw two Things so much alike in my Life; and then I believed it. This was 5 or 10 Minutes, or a Quarter of an Hour before the Officers went out of the House. When he shew'd me the Note, he said to me, I would have bailed the Prisoner, had he given me nothing; but he gave me this, and I know 'tis his Hand-writing.
Prisoner. Did he give you no Reason why he took the Note, when he said he would have bailed me for nothing?
Lawn. No; he did not. I might think what I pleased, but he said nothing to me about his Wife. I never saw the Prisoner above once or twice, before he came to Cannon's to be bailed. I thought it was done to satisfy his Wife, as such Things are often done to make a Family easy; but he did not say any thing about his Wife.
Couns. And would you see a false Note produced under a Gentleman's Hand, and not complain of the Fraud.
Lawn. Am I to be busy, and complain, when the Man (Cannon) told me himself, that he knew it was Fitzgerald's own Writing? I think I should have done very ill, if I had told of it, in any Company. I was glad to see Fitzgerald out of Custody.
Couns. Where did you learn such Principles? Of Wreatbock?
Lawn. I knew Mr Wreatbock, but what's that to me! Since the Prisoner came from France, I have been in his Company; and have seen Cannon with him; and so I have after Cannon had been taken up about this Note. I was with, him when he left his Sword and 2 Guineas with him as a Security for the 6 Guineas, after the Note was discovered. 'Twas easy for him to have taken him up before he did; for after he came from France, he appeared as publickly as any Man in the World. I have seen him at Randall's Coffee-House, and at the Royal Exchange, Fleet-Street, and all Parts of the Town.
Prisoner. Ask him whether Mrs Cannon did not come into the Room, at the Time he was shewing him this Draught? and telling him it was my Hand-writing.
Lawn. I think that was the Thing that stopped our Discourse. I can't remember particularly, whether she came into the Room; but when the Door was open, she might hear every Word we spoke. I think I saw her, and that that hush'd our Discourse. I am a Marshalsea-Court Officer, and have been so these thirteen or fourteen Years.
Constantine Matthews . I was with Mark Lawn at Cannon's House, the Day the Prisoner was bailed; when Cannon came down Stairs, he said, he had bailed the Prisoner, and he brought down the Note, and said it was his Hand-writing; and he took a Letter out of his Pocket, and compared it with the Note. I did not know the Prisoner's Hand-writing, nor did Cannon say on what Account the Note was given him. Mrs Cannon was passing to and fro, at the same Time; and she came into the Room, when he was comparing the Note with the Letter, upon which he put it aside, and when she was gone she compared them again. Mr Lawn compared them together likewise, and said he knew it was his Hand-writing, upon comparing the Names together.
Couns. Did he say the Names, or the Body of the Note was the Prisoner's Writing?
Matthews. I do not know what a Note is; but he compared the Hand-writings together, and said they were the same. I am Lawn's Assistant, and have been at Cannon's many Times.
John Cogland . I used to go to Cannon's House to drink a Glass of Wine, and about 18 Months ago, I heard him say there was a Draught of 12 l. 10 s. and he was sorry he had presented it, for fear it should hurt the Prisoner. There was an Intimacy between the Prisoner and Cannon after he had presented; and he said he believed it
Robert Fitzgerald . I know the Prisoner; and have seen Cannon once or twice: This Note was given him about 18 Months ago, but I have seen him and the Prisoner in Company together after that. Fitzgerald the Prisoner owing me 6 Guineas upon a Note, I got him arrested, and my Attorney told me, he had put in Bail. A fortnight afterwards the Attorney told me, that unless the Prisoner surrender'd, the Bail would be fix'd for the Money. About a fortnight after this, the Prisoner call'd at my House, and proposed to pay me 5 Guineas: I went with him to a Tavern, and there I saw Mr Masters, a Wine Merchant, and Mr Cannon, and I received 5 Guineas, 4 of which, Cannon gave to the Prisoner, and he (the Prisoner) adding one to it, gave it me, and he was to pay the Attorney; at the same Time, Cannon returned a Silver-hilted Sword to the Prisoner, and the Bail was discharged, upon the Prisoner's giving me a Note for the remaining Guinea. Mr Masters told me, the Prisoner had made a fine Jobb of it; for in order to get Bail to my Action, he had forg'd Mr Lutterel's Name to a Draught upon the Bankers. Why, says I, what was the four Guineas and the Sword for? The Prisoner said, he gave him them to induce him to be Bail for him; and Cannon was by, and seem'd to own it: But he made some Difficulty in giving back the 4 Guineas, because the Prisoner owed him 35 s. for Wine, and Reckonings unpaid. I asked the Prisoner, how he could do so imprudent an Act, as to sign a Man's Name to a Note? He told me he did it, to let Cannon see he did not want Money; for he intended to make up the 4 Guineas, which he had given Cannon, 6, and to have paid me. But Cannon's calling at the Bankers with the Note, had discovered it to be bad. I never saw the Prisoner from that Time to this, 'till the Affair at the late Masquerade, and then I happened to dine with Mr Lutterel, and heard he was about prosecuting him for this Draught.
Couns. Did Cannon hear the Prisoner say he had deposited 4 Guineas with him, to induce him to be Bail?
Mr Fitzgerald. Yes, and Cannon own'd it; and with Relation to the 30 s. which Cannon would have stopp'd, the Prisoner told him, he need not talk so much about 30 s, for his Reckonings, for he had made his Wife a Present of Something, of much greater Value. I thought it was an odd Way of reproaching Cannon with his own Gallantries, but I was very glad to get my 5 Guineas. I have heard the Prisoner's Defence, and that he says he gave Cannon this Note to pacify his Wife; but I heard nothing of such a Pretence then. I asked the Prisoner what need he had to give him a Note, when he had left 4 Guineas and his Sword with him? He told me, he did it because I would not have him think he was under any Obligation to him. I understood that the Prisoner drew this Note before Cannon's Face, and I told Cannon, he was a Fool to take a Note wrote before his Face. Mr Masters said something, that Cannon was a Blockhead, but I do not know whether Cannon was in the Room when this was said. I was there about 10 Minutes, or much about that Space of Time; and the Prisoner then insinuated as if Cannon had seen him draw the Note. I have seen Cannon once, since that Time, at Mr Lutterel's, and it was the Day after the Masquerade. He insisted upon it that the Prisoner took it out of his Pocket ready drawn, and if he has sworn so now, I do not doubt but it is true.
Mr James Barret deposed, that he knew the Prisoner; and that at Mr George Fitzgerald 's Request, he gave him, in October, a Letter of Recommendation to a Friend of his at Dunkirk, that he might be assisted in the Recovery of a Debt; that a Month or two afterwards, he saw the Prisoner upon Change, and had frequently seen him since he returned from France, but the Witness had no Acquaintance with him. The Witness was asked if the Debts he went over to recover were not one Nelson a Jeweller's? He answered, - he could not tell.
J - H - deposed, he had known the Prisoner 6 or 7, or 5 Years to be sure; that he lived a Servant with a Neighbour of his, and his Master when he came away gave him a good Character. Since which, he had bought Goods of him; he had given him Credit, and the Prisoner had paid him. He was asked if he had not suspected his having taken some of his Goods, and he answered, there was a Person said something to him about a Piece of Cambrick, but the witness was convinced there was nothing in it.
G - B - had known him 7 or 8 Years; he had had Transactions with him, and never met with any Fraud. The Witness had seen him at his House, but never had any Conversation with him at Taverns, or Publick Houses. He believed he had been a visible Man for 7 or 8 Months last past. He added, that he knew the Prisoner before he went to France; he knew not what Business called him there; but while he was there he transacted some Affairs for him relating to one Nelson, and the Witness sent him a Bill of 20 l. for his Trouble. He could not remember whether the Prisoner appeared publickly before he went to France.
Hen. Bostock had know him some Years, and he was surprized the Prisoner should subpoena him in his Behalf, when he could speak nothing in his Praise. He deposed, that the Prisoner's General Character for 5 or 6 Years past, was such, that he should be ashamed to claim him for an Acquaintance. He understood him in general, to have an idle contemptible Character; he knew nothing wicked of him himself.
James Cogland had known the Prisoner about 6 years, and never till now heard of his being dishonest.
Alex Montgomery had know him since 1728. He used the Witness's House, and they had had Dealings together. He never knew any thing amiss of him, but heard he was under Misfortunes, about the Year 1738, and that he then went abroad; after which he returned and was frequently at the Witness's House, and was visible within 8 or 10 Months last past.
- Burges had known him about a Year, in which time he never heard any great Harm of him, till this time. His first Acquaintance with him was in France.
Edward Fitzgerald , Mr Lutterel's Book-keeper, deposed, that the Prisoner and his Master were acquainted, but had no Dealings together, as he knew of; except that sometimes Mr Lutterel used to give him a Draught on Messrs. Knight and Shuttleworth, for Money due to Mrs Rookes, who received an Annuity of 50 l. per Annum from Mr Lutterel. He added, that sometimes the Prisoner came for the Money; sometimes Mrs Rookes; and that Mrs Rookes and the Prisoner kept Company together, but he did not take them to be Man and Wife. He farther said, that he delivered 2 or 3 of Mr Lutterel's Checques to the Prisoner, because he told the Witness he wanted to go to the Play, and he gave him these, that he might write upon them, to the Box-keeper, in order to get Admission for himself, or his Friends.
Rob Fitzgerald deposed that upon the Prisoner's Application to him to give him a Character, he sent him Word, that he could not do it. He swore his Character was very indifferent, and that ever since he had quitted Business for a Pleasureable Life, he had been a Gamester. He added, that he had heard of twenty bad Actions of the Prisoner's; such as he should have been ashamed of.
Another Gentleman deposed that he never had had any Acquaintance with the Prisoner; but he had heard him called a Gamester and Sharper. The Jury Acquitted him.
271. + Cornelius Buckley was indicted for breaking and entering the dwelling House of Richard Brown , about 6 in the Afternoon, (the said Brown, being in the House) and stealing a Looking-Glass, val. 8 s. &c. April 21 . Guilty 4 s. 10 d.
273. Sarah Ransom , alias Bickley, alias Chickley, alias Sarah the Cork-cutter was indicted for assaulting Richard Percival , in an Alley, near the King's Highway, putting him in fear, &c. and taking from him a Moidore, and 36 s. Piece , May 9 .
Percival. On the 9th of May, I brought a Mare to Town, which I carried to Smithfield, and sold to one Mr Whitesides, at the Bear and Ragged Staff, for 7 l. 7 s. and a Horse to boot. He gave me 2 36 s. Pieces, a Moidore, and a Guinea and Half, and 16 s. and 6 d. in Silver. The Gold I put in one Pocket, and the Silver in another. Then I went to see a Friend in St John Street, and as I was going from thence, to the White Horse Inn, in Fleet-Street, I met a Man, about 6 in the Evening, in a narrow Passage, ( White Horse Alley , I think 'tis called) and he seem'd to be drunk, and endeavoured to stop me. At the same Time a Woman came up in a black Hat, like a Country-woman, and clapp'd me on the Shoulder, and said she must speak with me. I told her I did not know her, and just as I was speaking these Words, the Prisoner came up, and without speaking a Word, thrust her Hand in my Pocket: I clapped my Hand upon my Pocket, but yet I saw her draw out 2 Pieces of Gold with her 2 Fingers, a Moidore, and a 36 s. Piece, I immediately felt in my Pocket, and missed 2 Pieces out of the 5. The Prisoner upon my Oath is the Person. After she had robbed me, she made the best of her Way into a House, about 30 Yards off, and the Door was fastened after her. I knock'd, but nobody would hear; at last some People opened a Window above Stairs, and called Harry, Jack, Tom, and raised a hundred People about me; and some of them bid me get away, for they were all
Mr Whitesides confirmed Mr Percival, in his Account of the Money he received, and said he believed, and could almost swear to the Piece, which was found on the Prisoner, while he was with her before the Justice; because there was a black Spot upon it, which he had before observed. He gave the same Account of the Prisoner's Confession.
Philip Price the Watchman, and Samuel Davis , the Constable's Evidence were agreeable to the foregoing; the Constable added, that the Prisoner told him, She must, and would be made an Evidence. Guilty Felony only .
274, 275. + Ann Smith , and Mary Burn of St Martin's in the Fields , were indicted (with Margaret Eastmead , John Eastmead , George Elliot , and Alice his Wife, not taken) Ann Smith for assaulting George Hawkins , and giving him, with both her Hands on his Head, Neck, Breast, Back, Belly, and Sides, several mortal Bruises, of which he instantly died . And the Indictment charged Burn, and the others, with aiding and assisting the said Smith, in the Commission of the said Murder , March 28 .
Elizabeth Manning , a Waiter at Eastmead's * Bagnio in Leicester Fields, deposed, that she never saw the Prisoner Burn, in her Life, and all that she had to say, with Regard to Smith, was, that 6 or 7 Weeks ago, about 10 in the Morning, she heard her say at Eastmead's, that she was the unfortunate, or unhappy, Woman, who brought the Man into Eastmead's House.
* See the Sessions Book for July, No. 390. And that for March, No. 159.
Frances Fowler deposed that Nan Smith , came into Eastmead's House the Evening after the Man was kill'd, and said, O that I should be the unfortunate Means of bringing the Man into the House, to be the Death of him!
James Chamberlen swore he heard Nan Smith say she carried the Coachman (the Deceased) into the House, and staid a considerable time with him, then left him fast asleep, and very much in Liquor. There appeared no Evidence of any kind against Burn, and this being all that was given against Smith, they were both Acquitted .
281, 282. + Elizabeth Pooley , alias Debenham , and Ann Miller were indicted for assaulting , on the King's Highway, putting him in fear, and taking from him a Hat, val. 20 s. and a Whip, val. 10 s. April 26 .
F - . On Friday April 25, I had been in the Country, and came to Town about 9 o'clock, but I staid in Leicester Fields till after 12. I live in the Strand, and as I was coming along the Strand, those Ladies met me, and I being a little warm in Liquor, they both took hold of me, and said, I should give them a Pint of Wine: I being a little merry, went with them, to a private House in Benner's Court, over against the Fountain Tavern in the Strand , and gave them a Pint; but seeing what they were, and what House I had got into, I threw down a Shilling, and was going away: But the Prisoners, and another Woman, came up to me, and I was in danger of my Life in the House. They told me, that I had Six Shillings more to pay, so I threw down 6 s. upon the Table, and they took it up among them; for if they had demanded a Guinea, I should have given it them, because of the Danger I was in. Then I went to the Door, and the Man of the House came up, and looking at me, he cry'd, - Why you have 4 s. more to pay! Pray let me go out, says I, and I'll give it you, and pray go home with me; for I was not far from my own House. Upon this he let me out, and followed me; presently I heard the Women say, - d - mn him there he is. Seeing no Watchman near, I thought my self in Danger, and went to the Watch-house in Strand-Lane, but missing the Door, the two Prisoners came up and caught me (on each side) by the Collar, and the Man fell to beating me on the Stomach at the same time. I called out Murder as long as I could speak, and the Man hearing somebody coming up, gave me a Slap on the Face, and said, d - mn you, take that, and one of the Women cry'd, - take what you can get; so some of them took my Hat and Whip, which were given to the Man, and he ran away with them. I am positive to the Prisoners; for Pooley I held till
Thomas Edlin a Constable, swore he found Pooley, and the Prosecutor, between 12 and 1, struggling together in Strand Lane, they charged him with each other, and he kept them both, tho' he knew the Prosecutor to be a sufficient House-keeper. He charged her with robbing him of a Hat and Whip, and found her in 20 different Stories. The Witness said, that the Prosecutor gave the same Account of the Robbery, that he had now done; and that he had promised to pay the Man the last Demand which was made on him, in the House the Prisoners carried him to, if he would go home with him: But afterwards, not thinking it proper to carry the Man home, he intended to have gone with him to the Watch-house, but missed the Door: He added, that Pooley's Apron was bloody, when she was taken, and that Miller was apprehended next Morning, when she came to bring the other a Gown.
John Higgins deposed, that about 3 Weeks ago, between 12 and 1 o'clock in the Morning, he was wak'd by a Cry of Murder; that the Noise growing fainter and fainter, he got up, and looked out of the Window, and heard somebody a cursing and swearing, and a Woman, (as he judg'd by the Voice) say, d - n it, push off, or go off; and at the same Time he heard the Words. - Hat, - and he thought - Wigg; and saw a Man running up the Lane after a Woman; and the Man took something out of her Hand. He likewise heard a Woman swear, she would go back, and rescue, or relieve her; after which, he saw a Woman coming down the Lane, who ran away upon the Appearance of the Watch.
James Britles , a private Watchman, heard the Cry of Murder, and coming up saw a Man and two Women, (one of which was Pooley) with the Prosecutor, who charged him with Pooley, and she charged the Watchman with the Prosecutor. Upon this, he went to call the Watch,; but when he returned, the Man and the other Woman was gone. He added, that he took Notice the Prosecutor had his Hat on, and his Whip in his Hand, when he left him; but when he returned, and found him alone with Pooley, they were gone. He swore to Pooley, but not to Miller.
James Williams , and John Gerrard (for the Prisoners) deposed, that they had been drinking in the City, and coming home between 12 and 1 o'Clock, they heard a Noise, and going to see what was the Matter, they saw Pooley without her Cap; she had hold of the Prosecutor, and he had hold of her: that a Man coming from the Water-side, asked the Prosecutor how he could use the Prisoner in that Manner? upon which he replied, - You Rascal, are you one of her Bullies? That the Prosecutor and the Man, went to fighting, and the Witnesses then left them.
It appeared from the Evidence, that the Prisoner married his first Wife at Wishich, in the Isle of Ely, about 9 Years ago. That he had debauched her, and she being pregnant, the Prisoner was took into Custody, by the Parish Officers, on that Account; and that he afterward consented to marry her. It farther appear'd that he had deluded the Person who was his second Wife, and had married her at the Fleet, on the 14th of February last. Both Marriages being proved to the Satisfaction of the Jury, and the former Wife being alive, the Prisoner was found Guilty .
His Majesty having been graciously pleased to extend his Mercy to several Prisoners under Sentence of Death, on certain Conditions; they were call'd to the Bar, acquainted therewith, and thankfully accepted thereof; whereupon Sentence was pronounc'd on,
The Trials being ended, the Court proceeded to give Judgement as follows:
Received Sentence of DEATH, 3.
TRANSPORTATION for 7 Years, 16.
BURNT in the HAND, 5.
His Majesty having been graciously pleased to extend his Mercy to several Prisoners under Sentence of Death, on certain Conditions; they were call'd to the Bar, acquainted therewith, and thankfully accepted thereof; whereupon Sentence was pronounc'd on,
Thomas Lyell , Lawrence Sidney , and John Roberts , committed in the Time of last Sessions, and farther charged in Custody by Sir John Gonson , Knt. and Thomas De Veil , Esq; on the Oaths of George Lestanquet , and Abel Waller Esqrz . for cheating them of several Sums of Money, to the Amount of 321 L. and upwards, at Play, &c. are indicted, but their Trials are deferr'd. As is Rochford Fitzgerald's.