WEDNESDAY the 3d, THURSDAY the 4th, FRIDAY the 5th, and SATURDAY the 6th of September.
In the 14th Year of His MAJESTY'S Reign.
Seventh SESSIONS in the MAYORALTY
LORD-MAYOR of the CITY of LONDON
Printed, and Sold by T. COOPER, at the Globe in Pater-Noster-Row.
N. B. Whoever shall presume to print these Proceedings, or any Part thereof, will be prosecuted with the utmost Severity of the Law.
Sessions of the Peace, and Oyer and Terminer; For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES, Sir JOHN STRANGE , Knt. Recorder, Mr Serjeant URLIN, Deputy-Re corder, 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.
* Thomas Nichol was sworn the second day in the room of Mr Freeman.
George Ithill . I was out of Town when the Fact was done; I only say the Goods were mine; I saw them at the Constable's House; but I know nothing of the Prisoners: I never saw them before.
Ithill . It was the 15th of July.
Cross. The Hats were just going to be pack'd up, in order to be sent to Bristol. I know Cane is the Man who took them, for I saw his face, and he was taken immediately, - within a quarter of an Hour - at a Barber's Shop, just at the next Door.
Joseph Monday . I was Mr Ithill's Apprentice, and was packing up Goods in the Shop, at the time these 2 Hats were stole. Mrs Cross sat near the Window from whence they were taken; and while I was busy, she cryed out, - a Man has taken a Hat, and has run away with it! I ran to the Door, but saw no body near; She made a Motion with her hand, to shew me which way he went, so I looked towards Angel-Street, and saw a Boy, (the Prisoner Dennet) putting something under his apron. I pursued him 4 or 5 Doors up Angel-Street and seized him. I asked him what he had got under his Apron, and he told me he had nothing; but upon my turning up his Apron, there were these two Hats. I am sure they are Mr Ithill's, for here are the Marks which I put upon them; and I am positive Dennet is the Boy I took them from; for I took the Goods from him, and brought him back to our Shop, and as I passed by the Barber's Shop at next Door, the Barber called me in, and told me he believed he had got the Boy's Confederate; so I took both the Man and the Boy into our Shop, and charged a Constable with them. We asked them if they knew one another, and they said no, they did not; and denied that they knew any thing of the matter, only the Boy said, he picked them up under the Shop-Window. Upon this we carried them before the Lord-Mayor, and being obliged to wait a little while for a Hearing, we went to the Fleece Alehouse , and there the Prisoner Cane desired us to speak favourably of him before my Lord-Mayor, and then he would go to Sea directly, and would never be seen again here. The Barber asked him
Thomas Parker . I am a Peruke-maker, and live next Door to Mr Ithill. I saw the 2 Prisoners, the Man and the Boy, talking together about 2 Minutes at my Window, and very soon after this the Man (Cane) chopp'd into my Shop, and seemed to be very much surpriz'd, which gave me a suspicion that he was a Thief. I had seen Mr Ithill's Man run past my Window, and seeing him come back again with the Boy, I asked him to come into my Shop, for I believed I had got the Boy's Companion. I did not see any thing of the Robbery, only the Man came into my Shop in a Flurry, and pull'd off his Wig, and desired me to comb it, tho' it looked as if it had been just comb'd, and having seen him talk to the Boy but a little before at my Window, it made me suspect they were Confederates.
Prisoner Dennet. Ask him if he is sure I was the Boy that Cane was talking to?
Parker. Yes, I am.
Prisoner Cane. I was going along St Martin's, and a Cart coming by, I went in at the Barber's to have my Wig powdered, and called for Water to wash my Hands and Face: while I was in the Shop they took this Boy, and bringing him back, the Barber went out to know what was the Matter, and so he brought the People in, to see if I was not the Man who took the Hats. The Woman (Mrs Cross) said she knew me by my blue Coat; I told her, that was very hard, - because many others wear blue Coats; but then she looked in my Face, and said, she would swear I was the Man who took them, tho' I am a Chair-maker by Trade, and work hard for every Bit of Bread I eat.
Dennet the Boy. I was but just come out of the Country, and was going down St Martin's to see my Aunt, and a Cart coming by had like to have gone over the Hats, but I was for picking them up, and then I put them under my Apron. The young Man followed me, and asked me what I had got? I told him I had got two Hats, and that I had found them; so I gave them to him directly. I have no Friends here; they are all at Charlton in Kent. Both Guilty .
Mr Marshall. The Prisoner came to live with me as a Servant , about the 14th of July last: [I am an Oilman in Friday street .] While he was in my Service, I miss'd Money several Times out of a little petty Drawer, which we call the Till: so on Friday, August 22, having taken Notice of what was in it, I went out early in the Morning, and left only the Prisoner and another Servant in the Shop. I returned in about an Hour, and miss'd 4 d. On Sabbath-Day following I got up early in the Morning, and saw there was Six-pence Half-penny in the Till ; when Afternoon-Sermon was over there was Three-Pence gone. About six o'Clock (the same Day) I call'd my Son, and we went down Stairs, and we marked two Six-pences, and eighteen Pennyworth of Copper, which we put into the Till. On Monday Morning I got up at 5 o'Clock, and then we miss'd 1 s. and 2 d. of the marked Money. After this I went out, leaving the Prisoner alone in the Shop; and I sent a Person to buy several Things, for which I sent home mark'd Money. Out of this Money I miss'd 21 d. when I returned. Then I sent for Mr Makepeace the Constable, and having taken the Prisoner up into my Dining-Room, I tax'd him with having wrong'd me, and told him I had miss'd Money several Times. He deny'd all; but upon obliging him to pull out what Money he had in his Pocket, I found a Shilling and a Sixpence in Silver, and 11 Halfpence of the mark'd Money. He had more Money upon him, but it not being marked, I cannot swear to it. I then carried him before Sir William Rous , and he committed him. He acknowledged the Fact, and when I told him I had mark'd the Money, he said, - the Devil tempted him to do it. Guilty .
Phaenetta Early. Last Saturday was a Fortnight , about 9 at Night, that Man (the Prisoner) took 22 Yards of printed Linnen out of our Shop window. My Sister and I are Partners; her Name is Hannah Early . As soon as he had got it he ran away; I pursued him, and he was taken within 3 MinutesJohn Cook ) pursued him and took him, and brought him back to us, but the Goods he had flung away, and they were picked up out of the Kennel. I am sure the Prisoner is the Man.
Mrs Early. I am sure this is the same we then lost.
Boyn. Last Saturday was a Fortnight I found this Linnen in the Kennel, as I was crossing the Street (Fish-street-Hill) towards their House; but I can't say who dropp'd it. I heard the Peoply cry - Stop Thief! and saw the Prisoner run; Mr Cook pursued him, and took him at the Corner of East-cheap.
James Tame . I was going down Fish street-Hill last Saturday was a Fortnight, and heard a Cry of Stop Thief! At the same Time I saw the Prisoner turn from Mrs Early's Shop, and I followed him to the Corner of Eastcheap, where he was taken; and being brought back to the Shop, Mrs Early said he was the Man who had robb'd them. He would not own any Thing, nor make any Confession, nor did I see him take any Thing out of the Shop, for he was about half a score Yards Distance from it, when I began to pursue him.
John Cook . On Saturday last was a Fortnight, about 9 o'Clock at Night, I was going with Letters to the Post-Office, and as I crossed over Fish-street-Hill, I saw the Prisoner in this Gentlewoman's Shop, and saw him take the Linnen off the Counter, or from the Window, I am not sure whether it was from the Window, or the Counter; nor can I be sure he had any Thing in his Hand when he ran out; but I saw him run out, and pursued him to the Corner of Eastcheap, and help'd to take him. He did not own the Fact, but the Goods were immediately pick'd up, and brought to the Shop.
Defence. I am a Seafaring Man, and belong to a Turkey Merchant-Man, and was then going Home; I heard the Gentlewoman cry Stop Thief, and there being a Mob about the Door, I stopp'd to see what was the Matter; upon which they took me into the Shop, and asked me for the Linnen, telling me, if I would inform them where it was, they would let me go. Guilty .
Robert French. I lost a Sack of Coals (containing 3 Bushels) on the 8th of July last, out of a a Cart. As the Prisoner was going with the Cart to a Customer, he stopp'd and sold a Sack in Hedge-Lane . I did not see him do this, but he has confessed it, and that he sold the Coals there. There was another Man with the Cart beside the Prisoner, and he is gone off for Fear I should take him up. When he was before Mr. Justice Poulson, he owned he sold a Sack of my Coals out of the Cart, (which he was driving to a Customer) to one Mrs Jane Jones , who lives at the Sign of the 2 Brewers in Hedge-Lane, and that Mrs. Jones gave him two Shillings and a Full-pot of Beer for them.
Prisoner. My Fellow-Servant loaded 14 Sacks of Coals into the Cart, and we were going with them to Scotland-Yard. As we went thither he bid me stop, and carry a Sack to Hedge-Lane, and tell the Woman they came from John Mitchell ; so I took the Coals, and carry'd them there, and he had the Money; I only had a Draught of the Beer.
Mr. French. He confessed that some Time after he had received the Money, he gave his Partner one Shilling, and kept the other himself. Guilty 10 d.
But Mr. French having nothing to offer in Proof of the Fact, but the Confession of the above-mention'd Felon, the Prisoner was acquitted .
368. Henry Holmes of St Martin in the Fields , was indicted for stealing 2 silk Gowns, val. 3 l. a silk Petticoat, val. 10 s. a Yard of Silk, val. 1 s. a Woman's short Cloak, val. 10 s. a quilted Coat, val. 2 s. 2 Shifts, val. 3 s. 3 Aprons, val. 3 s. and 2 Suits of laced Headcloths, val. 4 s. the Goods of James Hollingsworth . June 16 .
Grace Hollingsworth . I live at the Plume of Feathers in Tyburn Road , and my Husband James Hollingsworth is a Coachman . I lost a Bundle of Wearing Apparel, - a Suit of yellow silk Cloaths, that is, a Gown and Petticoat, worth about 40 s. a dark grey silk Night Gown worth about 20 s. a short cloath Cloak worth about 10 s. a green silk quilted Petticoat worth 5 s. a piece of Silk belonging to it worth 1 s. 2 Shifts worth half a Crown, 3 Aprons worth 2 s. and 2 suits of edgedPhilip Hudson for the bundle, and he tells me he lost it as he was bringing it to me. I have heard nothing of my Things, nor do I know any thing of the Prisoner.
Philip Hudson . Mrs. Hollingsworth sent me, on Whitsunday last, for a Bundle she had left at Mr Wakefield's in Shoreditch. I don't know what was in it, but it was a pretty large bundle. I took it from Mr Wakefield's, and was to call for another, in Little Moorfields, which belonged to another Woman. As I was going over Moorfields, I met the Prisoner in a light cap'd Coat, and another Man in Soldier's Cloaths, and they went with me to the House where I was to call for the other Parcel. The biggest Bundle (which was Mrs Holling sworth's) I put upon my Head; the other I carried under my Arm, in the Lappet of my Coat. The Prisoner would have taken the little one to have carried for me, at the House from whence I took it, but I would not let him have it. However they followed me, and the Prisoner said again - Comrade, you are loaded, I will carry one parcel a little way for you. Well, Comrade, says I, if you will, I will let you; and so he took Mrs Holling sworth's Parcel, which weighed (I believe) about 40 or 50 lb. and came with me from Little Moorfields to Cripplegate Church, where he bid me go along, and then he slipped away from me. I thought he must go up Whitecross Street, so I turn'd up there, and enquired after the Prisoner. A Man told me he had seen such a Person, and if I made haste I should catch him; but I saw nothing of him, 'till he was taken up at Whitehall; which was about a Fortnight after this happened. I have never set my Eyes upon the things since, nor would the Prisoner confess any thing when he was apprehended, but he is the man, - I am positively sure he is the Man.
Prisoner. I am a Soldier in Colonel Long 's Company, in the First Regiment of Foot Guards, and was taken up on account of my missing Muster, and was sent to the Savoy, and being tryed by a Court-Martial, they accused me of this thing, in hopes of making a property of me. I keep a House at St Catherine's; and they charged me with this, and let it run 3 Weeks and odd Days, before they apprehended me; and when they carried me before Colonel De Veil, I told him I was never absent from my House, but Mornings and Nights.
Ann Cook . I have known him 20 Years and better . I never knew that he was before a Justice for the least crime in the World; but he has worked for his 2 children ever since his Wife has been dead, and that's these 7 Years.
William Culling. That's the Gentleman - I know him very well. I keep the Sign of the Black Boy , 'tis both a Tavern and an Alehouse, in St Catherine's . On the 7th of August I lost a silver Tankard out of the Fore-room, - a publick Room, from the third Box in the Room. I missed it between 6 and 7 in the Evening, and saw it but the Moment before it was gone. The Prisoner was drinking out of it; and while he had it before him, my Wife (who had been abroad) was brought home ill; I went to the Door, and took her in my arms to carry her into the House, and in the mean time the Prisoner went away with the Tankard. I missed both him, and That, the Moment he went out; and asked the People in the House, if they had taken it away. They all said, they knew nothing of it; but while I was looking about for it, a Boy came running into the House, and told me, the Prisoner was stopped about 200 Yards off, with my Tankard upon him. I went out, and found the People had stopped him with it, and had seen my Name at the Bottom of the Tankard. 'Tis in the Officer's Hands, and he is here.
Mr Culling. This is mine, and here's my Name upon the Bottom of it.
Mr Down. I received it at Mr Justice Rickards's : He delivered it to me to keep and bring here. I know nothing of the Prisoner.
Mr Culling. The Prisoner owned he took it out of my House, and I said to him, - Sirrah, how dare you come in to rob me, when I have used you so well? Why really, says he, I did not come into the House with such a Design , but I was forced upon it. I remember I saw a Man and a Woman sitting with him; and the Woman had a Hat on, and she had a black Eye; so I asked him who they were that forced him to it? No; he would not tell, he would rather die than tell, - he would rather chuse to be hang'd: the Man and the
Jury. Were the Man and the Woman with him, when you saw him last in the House?
Mr Culling. When I carry'd my Wife in, they were with him; when I came into the Room again, they were all gone. The Tankard is worth about 9 or 10 L.
Joanna Pain . I was going down St Catherine's-Lane , and about three Doors down the Lane on the Left-hand, a Woman said, - there's a Man coming along, who has stole a Pot, or a Tankard. I said, - then Faith he shall not carry it off, if he has stole it. So the Wind blew hard, and the Bell had just rung 7 o'Clock, and I pursued the Prisoner. He went up to a Gate, and took the Tankard out of his Breeches. What have you got there, says I? Nothing, (cry'd he) but what's my own. What's your own, says I to him, why you don't look like a Man that is Master of such a Piece of Plate, and swearing an Oath, - I hope 'tis no Offence, - By G - , says I, you shall not carry it off, so I clapp'd hold of the Waistband of his Breeches with one Hand, and twisted the Tankard out of his Hand, with the other. Then I hauled him out to the middle of the Lane, and called out, Stop Thief! I attacked him in this Affair, and held him fast, till one Mr Atkins came up to my Assistance, and then we carry'd him to an Alehouse; and People coming about us, says I to them, - Here's a Man has stole a Tankard, - I believe 'tis Culling's, and I took it out of his Breeches. Upon this a Man examined it, and found Culling's Name at the Bottom. This is the very same Tankard which I took out of that Fellow's Breeches. The People at the Alehouse ask'd him how he came by it? He then said he did not know; but when he was before Mr Justice Richards, he said he found it. He was ask'd, where he found it? He said, at first, he found it in his Breeches, and afterwards, that a Woman gave it him. Aye, said the Justice, she was a mighty kind Woman indeed, to make you a present of a Silver Tankard, which was none of her own! Pray what Woman was this? He would not confess who gave it him, but said he would sooner die, than tell who she was. His Examination was taken down in Writing, and he might have signed it if he would, but he would not.
William Atkins . I heard a Dispute, in the Street, and saw this Woman ( Joe Pain ) and the Prisoner, contending for a Tankard. He held up the Tankard, and I thought she was only struggling with him for some of the Beer; but Mrs Mead telling me the Man had stole the Tankard, and desiring me to go and help Joe, I went to her Assistance, but she had got the Tankard from him, before I laid hold of him. With her Assistance we carry'd him into the Thistle and Crown Alehouse; there I saw Mr Culling's Name upon the Bottom of the Tankard, and he, being sent for, owned it. The Prisoner seemed to be a little in Liquor, and made some frivolous Excuses: He said he did not take it himself, but that a Woman gave it him; and he would sooner die than discover who the Woman was.
Prisoner. I was drinking at Mr Culling's, and was in Liquor. There were two Persons with me there: the Man I know; the Woman I do not know, nor her Name, no more than the Child unborn; but some how or other she brought the Tankard out. I never wrong'd Man, Woman, or Child, in no Case, but have been a hard-working Man all my Life.
Thomas Green. The Prisoner is a Brewer's Servant; he has lived next Door to me these 7 Years; he has got six Children, and his Wife is with Child again: I never heard any Harm of him before, but as far as I know, he always worked hard for his Living.
Elizabeth Carter . I have known him 11 Years; I never knew any Thing amiss of him, but that he was a hard-working Man. He was very much fuddled to my Knowledge, for I saw him that Night. And the Night before he was very drunk at our House.
Sarah Parker . I have known him 11 Years, and never knew he wrong'd any one of a Farthing. I saw him that Afternoon when this was done, and he was fuddled; he was drunk the Day before, and the Day before That. - He was drunk three Days together, and he has a vast Family , and his Wife's big again.
Mr Down . He was pretty much in Liquor, when I took him into Custody. Guilty 39s.
370. + Ann Parker was indicted for stealing a Silver Watch and Chain, val. 3 l. the Property of Patrick Mooney , in the Dwelling-house of John Hill , in the Parish of St Giles in the Fields , August 25 .
Prisoner. Ask him whether he was not very drunk, when he came to me at the Alehouse ? And whether he did not pawn his Buckles, because he had no Money after the Gentleman and he came to my Room? Mr Mooney is no Stranger to me; he and I have been acquainted these two Years and a half.
Mooney. I have known her these two Years; and though I lost my Watch in her Room, I can't say who took it.
Prisoner. He was very drunk when he came to my Room, and I would not let him go Home for Fear he should be robb'd. I have been acquainted with him a great while - to my Disadvantage.
Mr Brown. (Constable and Pawnbroker.) On Monday Seven-night (about half an Hour after nine in the Morning) the Prisoner came to me with this Watch, to pledge for three Guineas. I asked her whose it was? she said it was her own. I told her, I supposed she did not wear a Silver Watch and Chain; but she still said it was her's, - she should fetch it again, and what was that to me. I told her I must know who was the Owner of the Watch, and where he liv'd, before I parted with it: and then she said, she was at present with a Gentlewoman in Piccadilly , who knew where she liv'd. That (says I) is no Satisfaction to me. Why then (reply'd she) 'tis my Husband's Watch, and he is gone to Sea, - give me the Watch again. I refused to do it, and took her before Mr Justice Frasier, where she said the Watch belonged to one Mooney a Cabinet-maker, and that Mooney had been gone to Sea a Month. She was asked where she lived? She told us she liv'd in Long-Acre : upon which I offered to go to Long-Acre, to enquire after her, but she then said she liv'd in Parker's-Lane, and finding I was resolved to go to her Lodgings, she desired to go with me, and said she would go to an Alehouse , and would send for the Person who owned the Watch. Then it came out, that the Owner of it was in Town, and lived by the New-Church in the Strand; but when we came to the New Church , she could not shew me where he lived. Prithee, says I, let's go and see if you can find out your own Lodgings. Accordingly she went with me, and would have carried me into an Alehouse , in her Neighbourhood, ( Parker's-Lane ) but seeing a Parcel of mean People there. I refused to go in; and so she went with me to the House where she lodged, and her Landlady informed me, that the Prisoner had lived there upwards of a Quarter of a Year, and that this was but the second Quarter. While we were talking together, a Messenger came from the Alehouse over the Way, and told the Prisoner there was one at their House desired to speak with her. I insisted upon it, that whoever wanted her, must come over to her; upon which Mooney came and said, - He had lost his Watch, and that it was picked out of his Pocket the Night before. Then I carried the Prisoner before Mr Frasier, and Mooney made the same Information he has made here.
Prisoner. Ask Mr Brown, whether Mooney was not desirous to recal what he had said, knowing he had done me Injustice?
Mr Brown. So far from that, that he insisted upon her having taken it; and she said, Mooney was a Villain, and had ruined her; and if she had taken 10 Watches from him, he ought not to have sworn against her. She called him ill Names, and he said, she had brought it all upon herself.
Defence. Last Sunday was Se'nnight at Night, Mooney came to the Alehouse where I was drinking, and I was surprized to see him so fuddled; and not having seen him for a fortnight before, - pray sit down says I, you are very welcome. I was just going home to bed, but he was resolved to drink before he stirred; so he called for a Pot of Beer, and not having any Money, he took out his Knee-Buckles and pawned them for the Beer. Then we went to my Room, and had another Pot there. About One he wanted to go Home; I thought it was too late, and as he was in drink, I perswaded him to lie down. Then says I, my Dear, I want a pair of Shoes, lend me a Crown to buy a pair. Dear Nanny says he, You know I have no Money; - I pawned my Knee Buckles to pay for the Beer: However (says he) take this Watch, and pawn it
Mooney. Yes, she has often had it; and she might have made bold with it before, as she has done now. - I missed it about 8 o'clock on Monday Morning; and she said, she knew nothing of it. The other Man who had been with us, was gone, when I missed it, and she never pretended that He might take it; she only said, she would go out and enquire of Him, if he knew where it was: and accordingly she went out, about the Time she offered it to Mr Brown, and I waited for her Return till between 9 and 10. Acquitted .
John Minton . I keep a Publick House in St James's Street . On the 29th of July last, 2 Gentlemen came who were Customers to my House, and called for a Tankard of Beer, in a little Yard before the Door. I served them in a silver Tankard, and when they had drank the Liquor, they called for more; I filled it again, and the Prisoner (a Chairman ) using my House, being in the Yard, they asked him to drink. The Gentlemen went away, and left the Prisoner in the Yard; and in an Hour's Time I missed the Tankard. I was in a fright about it, and remembred that no body else had been at the House. By and by, (soon after this) in comes one of the Gentlemen who had drank out of the Tankard; I asked him if he knew any thing of it? He told me it was left with Harry Clark (the Prisoner) upon the Bench in the Yard. So the next Morning I went to the Prisoner's Lodgings, but he was gone out to work; then I went directly to the Pawnbrokers, and desired them to stop it if it should be offered. But hearing nothing of it, I went to the other Gentleman who had been in Company, and he likewise told me, the Tankard was left upon the Bench with Harry Clark. At 8 o'clock the next Morning the Prisoner came to Breakfast, and I asked him about it. He owned it was left with him, - but d - mn your Tankard, (said he) am I obliged to look after it? Do you think I have it? This made me dubious about taking him up; so I advertised it, and was in hopes it would be brought me for the Sake of the Reward. Four or 5 Days after I spake to him again, and told him, I would not expose him, but that I had reason to suspect him. He utterly denied all, and asked me what Business I had at his Lodgings without a Constable ? Why, Harry, says I, I only come to ask you about it, - I hope that every one who comes to ask for you, don't come with a Constable. After all the Enquiry I could make, I could hear nothing of it; so upon the 8th of August I got a Warrant, and took the Gentlemen and the Prisoner before Mr Justice De Veil , who clear'd them, and said he must commit the Prisoner. When the Prisoner heard this, he took me into the Yard, and asked me what I intended to do; and said, he hoped I would not send him to Prison, and declar'd to me that he had not the Tankard. I told Colonel De Veil that I missed him and the Tankard together, and that no soul came to the House, but these People, before I missed it. He desired me (if I could) to put off his Commitment for 2 or 3 days; I told him if he would let me have my Tankard again, I would beg he might be only sent to the Round-House. Then he wanted me to put it off for a Fortnight; and upon my telling him I could not do it, he said he would give me 2 Guineas down, and a Note of Hand for the rest; but upon my relating this Proposal to Colonel De Viel, he told me I must not accept of it.
Richard Woodyere . William Tessbury and I went to the Prosecutor's House, and we had a Tankard filled twice, and asked the Prisoner to drink. When we came away, we left the Tankard upon the Bench in the Yard, at a little Distance from the Prisoner, and there was no one but he in the Yard. We did not speak to him to take care of it, for we imagined he would do it, as he drank Part of the Beer, and was one who constantly used the House. About an Hour afterwards I came back to Mr Minton's; he asked me about the Tankard, and I told him I set it down within 5 or 6 Foot from the Prisoner, upon the Bench.
Prisoner. Ask Mr Tessbury if it was left in my Possession?
Tessbury. It was so far in his Possession, that it was on the Bench in the Yard, where he was sitting, and we thought, as he used the House, that it was left safe.
James Tomes . On the 29th of July , in the Evening, I was call'd off with a Horse-Jobb to Clare-Market : when I went away with the Jobb, I left the Prisoner and the two last Witnesses, drinking out of a Tankard in the Yard. When I came back again, the two Men were gone, and there was no body in the Yard but the Prisoner. My Partner wanting to hang the Horse to a Nail over the Bench where the Prisoner sat; and it being above the Prisoner's Head, my Partner desired him to get up, that he might hang the Horse up. He
Defence. I own I used this Man's House, and that these two Men had been drinking that Evening in the Yard. I had been drinking myself, and came and laid my self down on the Bench, and these Men asked me to drink out of their Tankard. I drank most of the Beer myself, and gave the Tankard into one of their Hands; then I went to sleep again, and they went away without saying any Thing about the Tankard to me, and there was a Jew there, an ill-looking Rascal, as ever you saw in your Life, that sells Buckles and Studds about the Streets; and if any Man had the Tankard, I must think he had it. I am a Chairman in the Winter, and in the Summer I follow labouring Work, and am a Man that's never idle. At that Time I worked with a Man in Basinghall-street , and at 6 o'Clock I came to this Mr Minton's, and having got my Supper, went to my Lodging in Red-lion-street , about 9 o'Clock. On the Tuesday following, I met a Friend in the City, who told me Mr Minton suspected I had his Tankard, because I did not use his House as usual; therefore I went thither, and called for a Pint of Beer. Mr Minton then told me, he was uneasy about his Tankard, and asked me to go with him before Colonel De Veil to be examined, with these two Men. I told him, I would go Home and put on a clean Shirt, because I did not care to appear as a Bricklayer's Labourer, and that I would come to him in half an Hour. Accordingly I went Home, and cleaned myself, and returned to Mr Minton's ; but the two Men not being come, I waited for them, and at Length we all went before Colonel De Veil. Now if I had had the Tankard, I should hardly have gone with him before the Justice ; I had Time enough to have got off. - I am hired by the Week to carry Mr Copping Williams , and in a Morning I clean his Plate to the Value of some Thousands of Pounds, and I have had more Opportunity to steal his Plate, than this poor Man's Tankard. My Prosecutor is as honest a Man as any in the World, and would not take a false Oath, - but he is set upon it. My Character was never stained before, but now it is out of my Power to get my Bread in England.
Woodyere. He says he was asleep while we were in the Yard; but he did not sleep, nor appear drowsy at all; but sat as upright as I am now. I believe too that he was not in Liquor: I take it that he was but just come from Work.
The Prisoner desired Mr Minton might be asked, if he did not go before the Justice, without a Warrant. Mr Minton answered, that he desired the Prisoner to go before a Justice and clear his Character, and offered to pay him for half a Day's Work, because the Prisoner made Words about losing so much Time: upon which he agreed to go, and did so, before the Warrant was served upon him. Acquitted .
372, 373. + Patrick King , otherwise Webb, otherwise Crawford , and Patrick Branegan , otherwise Alexander Brannan , were indicted for assaulting Elizabeth the Wife of Richard Watson , on the King's Highway, putting her in Fear, and taking from her 2 India Handkerchiefs, value 4 s. and a Gold Ring, val. 14 s. the Goods of the said Elizabeth Watson , August 19 .
Elizabeth Watson was called, but did not appear .
Robert Rhodes . I took the Prisoners up, at two different Times; and as to Branegan, I believe him to be as innocent as I am. King was very much frighted when he was taken, but I believe him to be innocent too. I know Elizabeth Watson to be a desperate Woman; and one that would not scruple to swear any Man's Life away.
A Gentleman in the Commission informed the Court, that the Prosecutrix came before him, in July 1739, and made herself an Evidence in five or six Robberies , and a Murder; and that she was a Thief in all those Robberies. That in this Affair she came to him, and he thought her a Person not fit to be believed, and would not take her Information. Both Acquitted .*
* It was moved in Behalf of the Prisoners, that they might have a Copy of their Indictment ; but the Court would make no Order for that Purpose, being of Opinion that Every Subject is intitled to a Copy of any Record that concerns him.
Elizabeth Green , of St. Sepulchre's , was indicted for assaulting Elizabeth the Wife of Abraham Brodier , on the King's Highway, putting her in Fear, and taking from her 18 Pence in Money, and a Pair of Steel Scissars, value 12 d. July 14 .
Elizabeth Brodier . I live in Bear-Alley, near the Fleet-Market ; on the 14th of July, I came home about 11 o'Clock, having been out a little later than ordinary, and this Prisoner (whom I have known some Years , by passing up and down, tho' I never spoke to her in my Life) as I was passing along, was sitting at the Crown and Anchor Door, next the Market, and another Woman was sitting with her . I was going home quietly, and thinking nothing, the Prisoner rose from the Alehouse-Door, and came up to me, and called out Kate, and swore a great Oath, that I should go and lie with her that Night ; I made answer again, and said, - Hussy , I have no Business to go Home with you; I have a Husband and Children to go Home to. With that she knock'd me down with her Fist, and took out of my Pocket what I had. I had but 18 d. in Money, a Pair of Steel Scissars, and some odd Trifles. She left me there for dead, and ran away; and I was bad enough for a Month after it. She did nothing to me, but strike me with her Fist, yet I was so sore, that I was bad a Month after it. It was Eleven o'Clock at Night, when this was done; but it was just under a Lamp, not three Yards from the Crown and Anchor Alehouse-Door. When I was a little recovered, I got up, but she was gone; so I went after her next Morning, being an ill Creature in the Place, and always robbing every Body she came nigh; for she robb'd me on the 14th of July, and on the Friday following I took her my own self, in the Fleet-Market. She was sitting in the Fleet-Market, so I went to her, and took her, and she beat me sore that Time; but I took her to an Alehouse, and a Gentleman went for a Constable to help me, and we took her before my Lord-Mayor. 'Twas on the Monday Night she robb'd me, and the next Morning I heard where she liv'd; People told me she liv'd in an ill Place, in Love's-Court. When she was before my Lord-Mayor, she confess'd that it was the other Woman (who was with her) that robbed me, and that she had then on the same Gown, which the Prisoner has on now . She said the other Woman had the Gown on, when she robbed me, that the Prisoner her self had on when I took her. When I went into Love's-Court, I went to an ill House which the Prisoner resorted to, and which is kept by one Rachael , - but I don't know her other Name, and there I saw some trifling Things of mine, - a Tea-spoon, and my Scissars, but I could not have them, because as the Prisoner had pawned them for Gin, the People refused to deliver them to me. I was advised to take my Husband and another with me, and go and demand the Things, but they having robb'd a Gentleman of 6 Guineas, and his Watch, and stripp'd him of his Cloaths, are all run away. I formerly kept a Publick-House myself, of 45 l. a Year, and knew the Prisoner by coming up and down the Market.
Prisoner. I never saw her in my Life: Pray ask her why she did not cry out Stop Thief.
Brodier . As soon as I recovered myself, I cry'd out Stop Thief, and ran towards Holburn-Bridge , and call'd the Watch; but they were all gone to beat their Rounds.
Abraham Brodier . I know my Wife came home on the 14th of July, the Day before St. Swithin's Day, about 11 o'clock at Night, very much puddered and frighted . Her right Cheek Bone was bloody, and she was muddy, and dirty. I asked her what was the matter? she said she had been robbed and beat, by Betty Green . Her Knees were black and blue; and she had a Bruise upon her Head. I was not with her when she was robbed , so I can say nothing to that. But she came home in a Pucker , and in such a manner .
Prisoner . I work hard for my Bread; and had just finish'd a Sieve of Currants , when she took me up. I never saw him in my Life, before he came to me, in our Brideswell , and told me, he would hang me if it was in his Power. Acquitted .*
* Of the Persons try'd this Sessions, this is the only one, committed by any Magistrate of the City of London, who has not been adjudged to be a Felon by the Verdict of their Country.
375. Ann Kittison , of St. Giles's in the Fields , was indicted for stealing a pair of Bath-metal Shoe-Buckles, a Pair of Bath-metal Knee Buckles, a Hat, and a Pair of Leather Shoes , the Goods of John Lambert . July 29 .
John Lambert. On the 28th of July last, I went out to a Club Feast , and happened to get a a little in Liquor, and so I came home late. When I came to my Door, instead of going into the
John Fern . The Prisoner at the Bar came to sell these Pumps, (now under my arm) and this Man ( Lambert ) having given me Information of them the Day before, I stopped them , being a very particular Pair, - double channell'd, block heel'd, and stitch'd.
Lambert . I have seen the Shoes several times, and they are mine.
Fern. I keep 2 Cellars, and deal in the second-hand-way; I sell second-hand Boots and Shoes, and Lambert after he had lost his Shoes, went through our whole Trade, to give notice of them; and I swear the Prisoner offered to sell them to me.
Prisoner . I never saw the Prosecutor, or this Man, with my Eyes before.
Fern. You was the Woman that offered them to me.
Prisoner . I went to sell them for another Woman, and so he stopped me.
Fern. I asked her what she must have for them? She said she must have 18 d. Whose are they says I? Why says she, to tell you the Truth, I did a Man a Favour for them.
Prisoner. I know nothing of the matter; I never saw that Witness in my Life. Acquitted .
376. + Ann Barton otherwise Webb , of St Paul's Covent-Garden , was indicted for privately stealing a Watch, with the outside and inside Cases made of Gold, val. 10 l. a Chain made of base-metal, val. 5 s. a Stone Seal set in base-metal, val. 3 s. a silver Snuff-box , val. 10 s. and a silver Tooth-pick Case, val. 5 s. from the Person of Robert Moone . June 30 .
Robert Moone . I have seen the Prisoner, but as to the Fact , I can't say she took my Things. I was coming home the 29th, or 30th of June last, a little late, and a little in Liquor, - 'twas between 2 and 3 in the Morning, - and as I was going towards my own home, - towards Covent-Garden, a Woman took me up, and carried me to the Jersey Coffee House , in Covent-Garden; one Hyat keeps the House. There I was supply'd with something to drink; which, with what I had drank before, made me more and more in Liquor. After I had drank there, the Woman who pick'd me up, carried me to Jones's Bagnio , at the Sign of the Turk's-Head , in Bow-street, Covent-Garden : and there I believe I was put upon the Bed, and being in Liquor, I fell a-sleep; and being a-sleep, - I slept for an Hour, or an Hour and a half, and then I wak'd; and being awake, - I called up some of the People of the House, to tell me where I was. The Keeper of the Bagnio came up, and told me I was at the Turk's-Head Bagnio, in Bow-Street. I informed him I was robbed of my Gold Watch, a silver Snuff-box, and silver Tooth-pick Case. I really can't say I was robbed at the Bagnio, but I will take my Oath, I had them at Hyat's House, the Jersey Coffee House ; for I pulled my Watch out there, and told the Bar-keeper, I was not capable of seeing what a clock it was myself, therefore I desired her to tell me. But missing my Things at Jones's Bagnio as soon as I wak'd, I complained that I had been robbed, but I can say nothing to the Prisoner; I met a Woman who carry'd me thither, - but I can't say it was the Prisoner; Indeed she acknowledg'd when she was before Colonel De Veil, that she was the Woman who was with me that very Morning, - at Hyat's Jersey Coffee House , first, - and then at the Turk's-Head Bagnio, but at the same time that she owned this, she denied the Fact, and said she did not rob me.
Prisoner . Was no other Woman with you that Night?
Moone . I don't know of any other Woman being there.
Prisoner. I never saw his Things, or touched them, These People that appear against me, have but very indifferent Characters themselves.
William Horrabin . (A. Waiter at Jones's Bagnio ) The Prisoner calls herself Ann Barton, alias Webb. She came in with the Prosecutor about the 30th of June, at the Turk's-Head Bagnio, between three and four o'Clock in the Morning. They asked for a Room; I showe'd them one; and shewing them the Room, they called for a Negus . I served them with it, and then came down Stairs, and left them. In half a Quarter of an Hour the Bell rang, as I
Francis Jean . A young Fellow brought me a Warrant, to serve upon the Prisoner, and desired me to go with him to the Crown-Tavern upon Ludgate-Hill . When I came there, there was Mrs Hyat and two Men; one of whom carried me to Sword and Buckler Alley , where I took the Prisoner, and brought her to the Crown-Tavern . We sat a little while, and then Mrs Hyat went and fetched her Husband ; and we set out, in Order to go before a Justice. Mr Hyat and the Prisoner talked together, and he desired she would clear him, and tell whether the Watch was lost at his House, or not. She said, the Prosecutor did not lose it there, but that she took it out of his Pocket, on the Side of the Bed, at the Turk's-Head Bagnio , and had sold the Watch, and the outside Case, at two different Times, for 6 Guineas, to one George Stacey , or Stracey , I can't tell which.
Jean. Upon my Oath I never had a Halfpenny , nor the Promise of a Halfpenny.
Prisoner. Mr Hyat wrote a great deal upon a Piece of Paper, and wanted me to sign it, but I told him I could neither read nor write, and I refused to do it. Then he told me if I could raise five or six Guineas, he would make it up.
Jean. When the Prisoner was before the Lord-Mayor, she deny'd the Fact, but she had confessed it to me and Mr Hyat *, as we were coming up Cheapside. Before we went to the Lord-Mayor's, we call'd at Sir William Biller 's, to see if Sir William was in the Way; and at his Office she confessed she took the Things at the Bagnio. This was the 18th of July, in the Afternoon. I believe there was another Person heard her confess, beside Mr Hyat , but I am not certain of that, - upon my Honour I am not.
* Mr Hyat was in Court, but neither the Prosecutor nor Prisoner cared to have him examined.
Prisoner. Did not I deny it, before Colonel De Veil?
Jean. My Lord Mayor desired the Prisoner might be taken before Colonel De Veil, as she was taken with his Warrant, and we accordingly carried her before him. She did deny it there, but I told the Colonel, what she had confessed to me at the Office, and as we brought her up Cheapside . For Mr Hyat had bid her confess, in an honest way, that he might get clear of the thing; upon which she fell a crying, and said, she did not know what to do. I am afraid (says she) I shall bring myself into trouble: but after she had wiped her Eyes, she said she would make a true Confession, and she accordingly confessed what I have related . Acquitted .
377. Mary Yates was indicted for stealing a flowered Damask Child's Coat, val. 6 s. a Pair of Men's Pumps, val. 4 s. and 5 Guineas , the Property of Edward Watson , in the Parish of St Martin's Ludgate , May 12 .
Edward Watson . I keep a Publick House in the Old Bailey ; but by Trade I am a Carver . I lost the Skirt of a Child's flower'd Damask Coat, worth 6 s. a Pair of double channel'd Pumps, worth 4 s. The Skirt was my Neice's (a Child's) but I keep it: and I lost likewise 5 Guineas and some Silver . The Money was taken out of my Drawers ; the Pumps were taken from under the Bed-side. The Child's Coat was taken away a Fortnight before the Money, and I missed that and the Pumps before I missed the Money - I found the Gold gone on the 12th of May. The Prisoner was a Servant out of Place, and was only at my House 'till she could get a Service; I did not suspect the Prisoner at first ,
Mrs Jakewell. I bought this Skirt of the Prisoner, and gave her 5 s. and 6 d. for it. - I have forgot the particular Time, but I asked her how she came by it? She said she sold it for her Mother, who lived at St Giles's, and was poor, and necessitated for want of Bread; and that it belonged to her Sister, who was dead. As soon as I had bought it, I hung it up at the Door, and so they heard of it, and came and owned it. I went this Day to see the Prisoner, and asked her if her Mother had any Share of the Money, which she took from her Master, or received from me? She only said, that she took the Money from her Master of her own accord.
John Belson . I have known the Prisoner from her Birth: She's between 14 and 15 Years of Age. I never knew her guilty of an ill Action before, though I have entrusted her in my House and Shop with untold Gold. These People took her in out of Charity, and I am very sorry this thing should happen. 'Tis her wicked Mother has brought her to this.
Daniel Hazleton . I have known her 5 or 6 Years, and took her to bear an honest Character. She signify'd to me, that it was through the Instigation of her Mother, that she committed this Fact. Guilty 39 s.
378. Elizabeth Murphey was indicted for stealing a Bag, val. 3 s. a Comb, val. 4 d. a Pair of Scissars, val. 2 s. and 2 lb. 12 Ounces of Human Hair, val. 4 l. the Goods of Thomas Murdock , in the Parish of St George's Bloomsbury , July 15 .
Thomas Murdock . On the 15th of July I was coming out of the City, and had a Bag in my Hand, with 2 lb. 12 Ounces of Human Hair, and a Comb, and a Pair of Scissars in it. I walked up towards Bloomsbury , and not being well in Health, I sat down upon a Bench, by a Door, and two Men came and sat down by me. I had not been sat down long, before I fell fast a-sleep; then a Woman, (I suppose the Prisoner is the Person) came, and took hold of me, and said, - 'wake, for your Wife has been seeking for you this Half Hour. I got up, but being drowsy, I sat down again, and did not mind her. Well, (says the Woman) if you won't 'wake, I'll take your Bag, and will carry it away. And so she did, for she took it from me, and carried it quite off. I don't know what Woman it was: I suppose it was the Prisoner.
John Giffard . While this Gentleman (the next Witness) and I were sitting on the Bench, by the Door of the House where we lodge, the Prosecutor came up, and sat down on the Bench a little disordered, and fell asleep. He sat about a Quarter of an Hour, and then a Woman (whom I take to be the Prisoner) came and took hold of him by the Arm, and said, - Will you go Home? This she repeated two or three Times over. Then she shook him again, and he got up. Your Wife and I, says she, have been seeking you this Half-Hour. I asked her if she knew the Gentleman? Yes, yes, (said she) I lodge in the same House with him; and she shook him again; and he got up upon the Steps, but soon sat himself down again. Well then, says the Woman, if you won't go Home, I'll take care of your Bag, and your Stick, and I'll go Home and call your Wife to fetch you. And she did take the Bag and Stick out of his Hand, and went away with them; but I can't say positively the Prisoner is the Woman.
Thomas Wilson . I saw a Woman come up to the Prosecutor as he sat upon the Bench, and she asked him where he had been all this while? Telling him his Wife and she had been to look for him. Upon this he 'wak'd and got up, but soon sat himself down again: Upon this she told him, if he would not 'wake, she'd take his Bag and Stick, and would fetch his Wife to him. But who the Woman was I can't tell, for it was Night.
Joseph Thomlinson . One Morning as I was standing at my Door, about 6 in the Morning, 2 Men came to me, with a Parcel of Hair in a Silk Handkerchief, and asked me to buy it. I told them I should not buy any; then they asked me if I knew any Hair-Merchants who would buy it? I told them I did, and they wanted me to go along with them to one. I appointed them to come again at
A Witness. When the Woman was before Sir Edward Hill, she said she found the Hair. Acquitted .
Thomas Williams. I went into the Three Cups Inn, in St John Street , the 24th of July at Night, for a Pint of Beer; where I found the Prisoner (a Soldier ) talking to the Landlord's Sister about his Quarters. I desired him to be civil, and he was angry with we; and asked me, who I was? I told him I was a Parish Officer, and Words arising between us, he pulled out his Watch, and wanted to lay me a Wager, on account of his Quarters, and calling me Scrub, he said I had not Half-a-Guinea to lay with him. This made me be so indiscreet as to pull out a Bag, in which was two 3 l. 12 s. pieces, 2 Moidores, and 2 Half-Guineas, that I might shew the Prisoner I could lay him Half-a-Guinea if I pleased. After some Words had passed, I put up my Bag; and in a very little Time afterwards the Landlord called me, and asked me, if I knew what Money I had in it? I told him I did; and upon looking it over, I found Half-a-Guinea missing. I can only say I lost it, and that the Prisoner was very much in Liquor.
- Abery. I saw Half-a-Guinea lying upon the Table, where they had been disputing: and the Soldier took it up, and put it under his Watch, which lay upon the Table likewise. Then (says he) I see you have no Mind to lay a Wager, and so he put them both into his Pocket. I was sure it was one of Mr Williams's Half-guineas, for I saw it drop through his Fingers upon the Table.
Prisoner. I was very full of Liquor when I came in that Evening, and my Landlord said, he hop'd I would be in a better Humour than I was the Night before. I told him, I hop'd I was not in an ill Humour then, and that I should not be so now. He insisted upon 2 Men's lying in the Room with me. I insisted upon it, that they should not, and that began the Talk of a Wager between Mr Williams and me. He told me, if I layed a Wager of a Guinea I should lose; I said I have not a Guinea to bett, but I have what's as good as a Guinea, or two either; so I took out my Watch, and clapp'd it down on the Table, - by the same Token, I broke the main Spring of it at the same Time. I own I had the Half-Guinea, but I don't know how I came by it. They did not know that I had it, till I confessed it myself. I was so much in Liquor that Night, that though they carried me to New-Prison, I did not know where I was till next Morning.
Mr Williams. He owned he had it the next Morning, but said, he did not know he had it, and he was very ready to give it me again.
The Corporal and Serjeant of the Company to which the Prisoner belonged, gave him the Character of an honest Fellow. Acquitted .
Mr Martin. On Thursday the 10th of July, between the Hours of 2 and 3 in the Afternoon, in going from Bonner's-Hall to Old-Ford, I was attacked in the Parish of Stepney , by the Prisoner at the Bar. I was in my Chaise, by myself, in the Highway, - the Road that leads from Bethnal-Green to Old Ford . I am sure the Prisoner is the Man: He was on Foot, and crossing the Way suddenly, he catch'd hold of the Horse's Reins, and presenting a Pistol, he demanded my Money. I
Mr Martin. I heard it read over to him, and saw him sign it. I think, - and to the best of my Remembrance, - I saw Mr Selman sign it, but I cannot positively charge my Memory with that.
Mr Sadler proved Mr Justice Selman's Hand. The Prisoner's Examination was read; which was to the following Purport.
'' The Examination of George White, taken this '' 10th Day of July 1740.
'' Who being charged by William Martin, of '' Shadwell , Surgeon , with stopping him on the '' Road, leading from Bethnal Green to Old-Ford, '' and taking from him two Shillings and Six-pence '' Halfpenny; confesseth, that he stopped him, '' and took the above-mentioned Sum from him, '' and that he voluntarily subscribeth this Confession.''
Prisoner. I resign myself up to your Lordship's Honour and Pleasure; and as it was through Poverty I did it, I hope for Transportation.
Mr Martin. There was a Gentleman so unfortunate, as to be shot into the Face, with 2 Sluggs, but a few Days before, by this very Man. Guilty , Death .
Thomas Crawford , in his Dwelling-house , August 26 .
[An Interpreter was sworn between the Court and the Prisoner.]
Thomas Crawford . I am a Vintner , and live in Great Queen-street , near Lincoln's-Inn-Fields . On Tuesday the 26th of August last, about five o'clock in the Afternoon, I lost out of my Fore-parlour a Silver half-pint Mug, - worth about 30 s or more. A Silver Salt, worth about 10 s. and a Pair of Silver Tea-tongs, worth 4 s. at least, for they cost me 18. They were all mine; I saw them that Tuesday Morning, but did not miss them till the Thursday following. Now I recollect my self, I remember I saw them when I was going to Dinner on Tuesday , and we have never seen them since The Prisoner came to my House under pretence of taking it ready furnished for the Swedish Ambassador. He was twice at the House on the Monday before for this Purpose; and he came again on Tuesday, and brought a Letter with him sealed up, pretending it came from the Envoy of Sweden's Lady , and that it contained an Agreement for the House at four Guineas a Week; that she was so well pleased with the Description he had given of the House, that she would be content to pay that Money for it. I saw the Prisoner deliver the Letter to my Wife, - but I don't understand French, though she does.
Mrs Crawford. This Letter the Prisoner brought to me. I have had it in my Pocket ever since, except some Times, when I have had it in my Hands. It is wrote in French, and it is sign'd - Mary, Baron De Courtrie .
The Letter was read in French, and afterwards was interpreted as follows.
'' I do myself the Honour to write to '' you, as I am just setting out for the Country, '' with Madam the Ambassadress, who desires absolutely '' that I stay 7 or 8 Days with her in the '' Country. As the young Man, the Bearer of '' this has given me a particular Account of your '' House, I am extremely pleased with it; particularly '' with knowing the Gentlewoman speaks '' French. Therefore I desire you to keep it a '' Week longer, and the Day before we come out '' out of the Country will give you notice of it. '' As to the Price, I make none with you, knowing '' the Baron De Courtrie has been directed to '' your House, by one of your Friends. I there-fore '' desire you to give the Room of the Second '' Floor of your House, to the Bearer of this. He '' is a young Man, who has been recommended to '' the Ambassador, who is just set out for Portugal, '' and is to come in a Month with his Son, and '' who is to be at London with him. For that reason, '' I desire you to let him have a Bed, till his '' Return from the Country , and I shall be obliged '' to you; In the mean time I am,
'' Madam ,
'' Your Humble Servant,
'' To the Lady of the House
'' At London .
Mr Crawford. I can't say I saw the Prisoner take the Plate, for I was not at home when he came the last time, and when we suppose he took it. But missing it, we advertised it, with a Description of the Prisoner ; and on Saturday Morning about 11, Mr Benn, who keeps a Shop under St Dunstan's Church , in Fleet-Street, came to me, and informed me, that he believed from the Description I had put in the Daily-Advertiser, That the Person who had robbed me, had brought a Silver Spoon to sell at Mr Deard's Shop; but Mr Deard's Young Man being ill, he sent him to Mr Wild's Shop, and offered it there, with Medals and French Coin. Mr Wild not being in the Shop, his Wife she sent for Mr Benn , the Watch-maker, at next Door, and while they were looking at the Things, Mr Wild himself came in, and observing a Crest upon the Spoon, he stopped both That, and the Prisoner. They suspected it to be the Lord Darby's Crest, and while they went with the Prisoner to Lord Darby, Mr Benn came to me, and upon the Information he gave me, I went with him, and overtook the Prisoner in Burlington-Gardens. As soon as I saw the Prisoner, I said, - By G - , that's the Fellow: upon which he turned about, and took to his Heels; I ran after him as far as May-Fair , and there he was taken: but I found nothing upon him, nor did he confess any thing to me; only he down'd on his Knees and begged Pardon; but 'twas in French, and I did not understand it. I charged him with taking my Plate, because there had been nobody in the Room from the Time I saw it, to the Time of my missing it; but He, my Wife, and my own Family.
Prisoner. Do you know me?
Mr Crawford. As well as I know my own Right-Hand.
Prisoner. I leave it to the Judgment of the Court.
Mrs Crawford. I was out of Town on Monday, but a Gentlewoman who lives with me dispatched a Messenger to let me know, that a Person had beenBaron Courtrie , and not finding any such Person, he advertised the Things. Acquitted .
* The Place from whence the Plate was taken.
He was a second Time indicted for stealing a cambrick Handkerchief, value 6 s. a Gold Ring, with a cornelian Stone set therein, value 10 s. and 1 ditto with a Bristol-stone set therein, value 10 s . the Goods of Morgan Mityard , in the Parish of St George Hanover-square , August 25 .
Ann Mityard . I am Wife of Morgan Mityard; he does not live with me, nor has he been with me these three Years. We are parted; but it is only by our own Consent: no Act of Separation, nor any Divorce has passed between us. I live with Mr Hayes and Mr. Graham, Apothecaries, in Conduit-street , near Hanover-square ; and on the 25th of August, I lost out of my Master's Kitchen a cambrick Handkerchief, worth 6 s. and these two Rings which I have upon my Finger; one has a Cornelian Stone with three small ones on each Side, the other hath a Bristol-stone, with three little ones in the same Manner. I value them at 10 s. a-piece. The Prisoner came to my Master's House, to take Lodgings for an Ambassador's Secretary. I asked him the Ambassador's Name, but he told me, I could not understand him. I missed the Things in a Quarter of an Hour after he was gone, and I am sure he is the Man. He was but once at our House, and that was on Monday the 25th of August, and he was taken the Saturday following, near Dover-street. I was not present when he was taken, but I was with him at the Alehouse, before he was carried to Sir Edward Hill. I had the Rings from Jacob Harris , a Silversmith, at Clement's-Inn, and I am sure they are mine.
Prisoner. Ask her if she knows me? And if she saw me take them?
Mityard. I know him; but I did not see him take the Things. He was down in our Kitchen, and I had pulled off my Rings, and had laid them at the Corner of the Pewter-shelf. He was in the Kitchen near three Quarters of an Hour, and desired me to shew him the Closet, and the Pantry. I did so; and I let him see my Master's Plate. He asked me if any Mistress belonged to the House. I told him no; then you (says he) are the only Mistress. - He talked English to me at that Time.
Joseph Tipton . These are the very Rings my Mistress bought. - Her Name is Martha Harris . Her Husband keeps the Shop, but he was not at Home when the Prisoner brought them to sell, so she bought them of the Prisoner, last Tuesday was a Se'en-night, about five o'clock in the Evening, and gave him 4 s. for the Two. I shew'd them to my Master next Morning, and he said he would not have given above Half-a-Crown for them, for they were of no more Value to him, than the Gold was worth. My Mistress did not ask him any Questions when she bought them, for he appeared very well dressed then, and spoke English. I am sure he is the Man.
Prisoner. He does not know me, nor do I know him. Guilty 4 s. + .
+ There was another Indictment against him for a Felony of the same Nature , which therefore was not tryed .
Elizabeth Gold was indicted for stealing a Pair of linnen Sheets , value 10 s. the Goods of Thomas Ashleforth , in the Prisoner's Lodging . July 8 . Acquitted .
283. + Elizabeth Fisher , of St Luke's Middlesex , was indicted for stealing a strip'd Sattin Gown, value 30 s. a cotton Gown, value 12 s. a linnen Gown, value 10 s. a camblet Gown, value 13 s. a Gold Ring, val 7 s . a Silver Tea-spoon, val. 1 s. 2 dimitty Petticoats, value 2 s. and a woollen Petticoat, val. 12 d. the Goods of William Walsham , in his Dwelling-house , Aug. 17 . And
William Walsham. I live in Whitecross-street , and am a Butcher . I lost on the 17th of August last, all the Things mentioned in the Indictment out of my Dining-Room, up one Pair of Stairs. I saw them in the Room on Saturday Night; they were all stole at once, on the Sabbath-day, but I did not miss them till Monday. The 4 Gowns were worth about 40 s. or 3 l. the Ring 7 s. the Tea-spoon 1 s. or 2, and-the three Petticoats were worth about 4 s. I would not over-rate them. I did not suspect the Prisoner (Fisher) till she was taken up and put in Newgate . Then I went to her, and she confessed she took all the Things, and that Holden and his Wife received them. I did not know her, for I never saw her in my Life, before that Time; but upon my asking her if she knew any Thing of the Goods I had lost, she told me, that Mrs Holden shewed her our Back-door, and told her, if she could get up Stairs, she would find something of Value. That she accordingly went up, and put the Things into her Apron, while Mrs Holden waited for her at the End of Whitecross-street, and when the Prisoner came to her with the Things, she (Holden) took them from her, and carry'd them to her Room. All the Gowns and Petticoats I had again; I found them at the Places Fisher directed me to. The strip'd silk Gown I found in Holden's House; two others in Chick-Lane, at one Fountaine's , who sells old Cloaths. The other I found at Pinchbeck's , in Field-Lane . One Petticoat was sold to a Woman in the Rope-walk , who let me have it again; another to one Howard, in Golden-Lane; and the third Petticoat I found at Holden's House, between the Bed and the Sacking, where he and his Wife lay; I found the Silk Gown and the Petticoat in their House, with a Sheet and a Table-cloth, which are not in the Indictment. And these Things I found in the Presence of Holden and his Wife. The Tea-spoon I found at one Stevenson's, (who goes by the Name of Penn) in Golden-Lane; and the Ring was sold at a Silversmith's in Newgate-street , but she (Fisher) could not tell which was the Shop.
Rebecca Holden. I ask him where he found the Gown?
Walsham. The Gown hung up in a Sort of a Press: it was not concealed, but the Petticoat was hid, between the Bottom of the Bed and the Sacking.
Holden. Did I refuse to let you search?
Walsham. They could not; I had a Search-Warrant.
Lawrence Fowler confirmed Mr Walsham's Account, of the Prisoner Fisher's Confession, and of the finding the Goods in the Manner he related. He added, that when the Holdens were before Mr Justice Wroth, they said, they bought the Gown, which was found in their Room, of the Prisoner Fisher, for a Crown; and the Petticoat (found under the Bed) she left there, to be made less in the Waist; and that they took her (when she brought these Things to them) to be a Dealer in Rag-Fair .
Mrs De La Fountaine. I bought 2 Gowns of an elderly Woman and a Girl, last Monday was a Fort night; the Girl at the Bar brought them, and the Woman (Holden) was with her. I gave 8 s. for one, and 4 for the other. The Constable has got them, but he is not here.
Mr Walsham. I saw them hang up at this Witness's Door, and I swear they are mine.
De La Fountaine . I tender'd the Money for one of them to the Old Woman; and I think the Girl (Fisher) took the Money for the other. I asked Holden how she came by the Things? She said, she was under Misfortunes, and that she was sorry to part with her Cloaths ; but she must part with them, she said, to pay her Debts. Holden had a Child in her Arms, as she has now; and Fisher told me the Child was her Brother, and that Holden was her Mother; and upon their Complaints, I gave them 2 Shillings more for one of the Gowns, than it was worth. I have never seen either of them since, nor have I had any Discourse with them.
Rebecca Holden. Did I come into the Shop, before you had bargained with the Girl, and had sent out for Change.
De La Fountaine . She came in, while the Change was sent for: Fisher, the Girl, came in and bargained for the Things? Holden was at the Door, and upon her telling me 'twas her Mother, I bid her come in, and the 8 s. for one of the Gowns, I
Mary Pinchbeck . The young Prisoner (Fisher) brought me a strip'd Holland Gown, and the old Woman was her. I bid her 7 s. for it, but she went away, and would not take it. In an Hour's Time they came back, and would take the Money. Fisher said it was her own Gown, and I told her she was a nasty Slut to wear such a Gown, and draggle it so. She told me, she could not help it; she bought it, and it was too long for her, and now she was obliged to sell it, because her Husband was in Woodstreet-Counter . The old Woman was all the Time at the Door, and did not say any Thing at all.
Margaret Franlin . I saw the Gown and Petticoat taken out of Holden's Room, as hath been related. Rebecca Holden said, that Fisher lodged in the House, but not in that Room where the Things were found: she own'd Fisher brought them in, but thought (as she said) that she had brought them from her Washerwoman's.
Fisher the Girl. I lodg'd in these People's House; she said to me that Sunday Morning, - Betty, you owe me a small Matter of Money, I will give you a Dram or 2, and will shew you where you may get something. So she carried me to Mr. Walsham's Back-door, and I went up, and took the Things; she waited for me, and took them out of my Apron into her own, and went with me to sell 'em.
Rebecca Holden. No; I was in my own Room, and she called me down Stairs, when she brought them into my House.
George Holden, I know nothing of the matter; I keep a House in Robin-Hood's-Court, in Shoe-Lane, and take the Toll in Smithfield for that Gentleman, - Mr. Leigh.
Rebecca Holden. Ask Mrs Brown, where I was, when the Girl brought the Cloaths in.
Alice Brown . I live in Holden's House, - up one pair of stairs. Mrs. Holden was up in my Room that Morning, and her Husband was in the Garden. The Girl came in and called her down stairs, and said she had fetched some Things from her Washerwoman's. I came down stairs, and saw a new Cotton Gown, and said, - This Gown never came from the Washerwoman's. She said it did, and borrowed a Shilling of Holden to pay for her washing.
Rebecca Holden. Did not she say she would hang 20 People, before she would hang me, - I mean before she would hang herself.
Brown. When the Constable came into the House, she said so. She goes by the Name of Fisher, but her right Name is Ballenger.
Fisher * Guilty 39 s. Rebecca Holden Guilty . George Holden Acquitted .
* There were two other Indictment against, but not try'd.
386. Anna Maria Miller , of St. Ann's Westminister , was indicted for stealing a Callimancoe Gown, val. 12 s. a Scarlet Cloak, val. 5 s. 2 Yards of Linnen Cloth, val. 4 s. and several other Things , the Goods of Thomas Hilliard , April 1 . Guilty 4 s. 10 d.
387. Thomas Burrin was indicted for stealing a Linnen Sheet, val. 10 s. a checqu'd Apron, val. 12 d. 2 Linnen Handcherchiefs, val. 10 d. and a Linnen Straining-cloth, val. 6 d. the Goods of John Mastin ; and a checqu'd Apron, val. 8 d. the Goods of Jane Clarke , May 24 . Guilty .
388 Roger Wallbrook , of St. Ann's Middlesex , was indicted for stealing 10 lb. weight of Iron, val. 6 d. a File, val. 11 d. a Weight made of Brass and Lead, val. 5 s. the Goods of John Burton and Thomas Taylor , in their Shop , July 25 . And
RicHARD Welch was indicted for stealing a Silver Salver, val. 10 l. the Goods of Samuel Riley , in the Middle Temple , June 24 .
Samuel Riley . I am Chief Butler to the Society of the Middle Temple ; I have been in this Office 12 Years; but I have been Butler 20 Years in all. In Term-time, I have Part of the Plate in my Custody; 'tis delivered to me by Mr Brounker, the Treasurer, and I give him a Receipt for such Plate as he delivers into my Custody; I likewise give a Bond of Security to the Society in general, for the faithful Execution of my Office; and from time to time that 'tis delivered to me, till I return it back to Mr Brounker, no one has any Authority to take it away. When I bring it for Use, into the Hall, as soon as 'tis done with, I take it back again into my Custody, and have the sole Charge of it, and keep it in a Place appointed for that purpose, and which is under my Care. On the 24th of June last, which was in Trinity-Term , it was our Grand Day; and this is the Plate which I lost that Day out of the Middle-Temple-Hall , about 5 o'clock in the Afternoon. This Salver is the Fellow to what we then lost; - we have 4 of them in all. There's the Temple Arms upon it, and I can swear 'tis what I lost. I missed it about 5 o'clock, and had it in my Hand, about half an Hour before. I had it (with other Plate) in my Custody, from the Beginning of Easter-Term to that Time, and did not deliver it back for the short Vacation, between Easter and Trinity, so I kept it for the two Terms. This Receipt I signed for the Plate at the Time it bears date. It was read. '' April 21, 1740. Received all the Plate from Mr Brounker into my Custody, as mentioned Page 39 of this Book.'' I saw Page 39 several times, before I signed the Receipt, and this Piece of Plate among others is there mentioned, - 4 Salvers, with the Arms marked p T B. Those Letters stood for the Name of the Treasurer: Mr Broderick was Treasurer when this Plate was made. Some Time after it was lost, I heard by an Advertisement, that one Mr Urton, a Pawnbroker, had stopped a Piece of Plate; I went to him, and found 2 Pieces in his Custody, (which belonged to the Feet of the Salver) the whole Bottom I found in the Prisoner's Lodgings, up 2 pair of stairs, in Windmill street, where he was taken. He told me himself that he lodged there. We found the Door locked, and upon entring the Room and searching it, we discovered the Plate upon a Shelf over the Door; it had been burnt in the Fire and bent back, almost quite double. The Pieces which we found at Mr Urton's belong to it.
Couns. What do you take the Plate to be worth?
Mr Riley. There is the Weight engraved on the Back of it, 42 Ounces 7 Penny-weights, therefore it must be worth above 10 l. I was with the Prisoner before the Justice, who took his Confession in Writing.
Sir Edward Hill. I read his Confession to him, and he sign'd it in my Presence. The Confession was taken by me, and acknowledged before me, the 14th Day of July, 1740.
'' The Examination and voluntary Confession of '' Richard Welch , of St James's Westminster, Labourer , '' taken before me this 14th Day of July, '' 1740. Who saith, That on or about the latter end '' of June last, he found means to get into the Middle-Temple-Hall , '' and seeing a Silver Salver stand '' upon a Shelf there, he took it away, and brought '' it to his own Apartment; where he broke off '' the Feet, and otherwise defaced it; and offering '' Part of the Feet to Mr Urton, a Pawnbroker, '' they were stopped by the said Urton, who advertising '' them, occasioned Him to be found out. '' This Examinant farther saith, That he makes '' this Confession voluntarily, and without any Menaces, '' and farther says not.
Samuel Urton . The Prisoner brought only these Pieces of the Feet to me, on the 5th of July, - the Saturday before I advertised them in the Papers. He wanted to pledge them; I taxed him hard, and he said they were his own; but would not tell any Thing farther, for he told me that wa s enough. I had taken some of them 3 Days before; these two Pieces with the Holes in them, I took the Thursday before; for I knew the Prisoner, - I had known him 8 or 10 Years, but always very poor; so I took these Pieces, and he told me, he had brought them from a Working Silversmith. But when he came with these small Bits on the Saturday following, I stopped him. I was present when the Prisoner's Room was searched, and found the Bottom of the Salver upon the Shelf over the Door, in his Room. I take these Pieces to belong to it.
The Counsel for the King to prove the Indictment properly laid, took notice, that as the Case stood, it was the best way, to lay the Goods as the Property of Mr Riley, who was Chief Butler of the Middle-Temple, and says the Plate is delivered into his Charge, and that he is answerable for it: that therefore he has a temporary Possession, and consequently a good Property. That this Case might be compared to that of a Carrier, to whose Care Goods are committed, which Goods are said to be the Carrier's pro Tempore, because he has them for a Time, to
The Court was of the same Opinion, and the Jury found the Prisoner Guilty .
392, 393. Robert Wilson and George Murray , of St Andrew's Holborn , were indicted for stealing a Book, called The History of the Earls and Earldom of Flanders, &c. value 12 d. One other Book, call'd A Voyage to Barbary for the Redemption of Captives, performed in the Year 1720, value 18 d. One other Book, call'd The History of the Rights of Princes, in the Disposing of Ecclesiastical Benefices and Church-Lands. By Gilbert Burnet , D. D. value 6 d. One other Book, called The Divine Right of Episcopacy asserted, val. 12 d. And two Volumes of the Guardians, Vol. I. and Vol. II. val. 4 s. the Goods of William Jones , July 19 .
William Jones . I am a Bookseller : my Dwelling-house is in Redcross-street, but I keep a little Shop in Holborn , at the Corner of Staple's-Inn , which was broke open the 19th of July, and I guess'd that I had lost about 30 or 40 Books; I imagined it would be too tedious to put them all in the Indictment, therefore I have mentioned but these six. [The Titles of the Books were read, with Those set forth in the Indictment, and the Witness gave much the same Account of their Value.] A Watchman found the Shop broke open, and sent to my Dwelling-house to inform me of it, between two and three in the Morning. The Prisoner Wilson was taken in the Shop. He gave an Account that Murray, the other Prisoner, had the Books, and they were found in a Chamber of Mr Ward's, at No. 9, in Furnival's-Inn. Several of them were delivered me by Mr Ward's eldest Clerk, and these four were taken out of Murray's Pocket; I saw them taken out: he shewed them to me himself, and put them into the Beadle's Hands. The Guardians were found in a Closet in Mr Ward's Chambers; Murray directed a Person to look for the Key of the Closet, and confessed that it was all along of Wilson. Wilson had confessed before I took Murray, that Murray and he broke open the Shop, and took out the Books. This he confessed to me, and likewise before my Lord-Mayor: He confessed he was in the Shop, and delivered out the Books to Murray; so in the Evening we went to Murray, and found these Books upon him. Murray did not deny the Fact at first, but blamed Wilson, and Wilson blamed him; but when Murray was before my Lord-Mayor he denied it, and said Wilson threw them all in (unknown to him) at a Window at Mr Ward's Chambers.
Prisoner Wilson. Did I make any Confession in writing?
Mr Jones. He went back to my Lord-Mayor's, and had an Information wrote, to charge Murray; and told me, I should have every Book again: I saw the Information, but I know nothing of his signing it.
Murray. Is not this a large Shop of Books, from whence these were taken?
Mr Jones. No, it is a little Shop; there is about 2 or 3 hundred Books in it; all mark'd with my Mark. These have my Mark in them, - an Alphabet Letter, - F, or M, or N. They are put in my Books, both to distinguish the Prices, and ascertain my Property; and they are such Marks as are peculiar to myself.
Murray. Have you no more of those Sort of Books in that Shop?
Mr Jones. I have no more Guardians but this Set, at that Place: I believe I had no more of any of these Sorts there. I am sure these are all my Books. I know them.
Murray. What Mark was in the Guardians?
Jones. An Z and F. And there is an M in the Rights of Princes.
Murray. When did you first hear of me?
Jones. Wilson gave me Information that he was concerned in the Robbery, and I took him at his Master's Chambers. I can't tell whether he is a regular Clerk to Mr Ward or not; the eldest Clerk when I was there, told me Mr Ward was out of Town.
Henry Robinson , (a Watchman). Three Minutes before two in the Morning, the 19th of July, I went to the upper End of my Walk, that I might beat down again, when the Clock struck. When I was got just against this Shop, I heard a Clatter, - a falling down of something. I immediately went up, and knocked at the Shop door - Who is there, says I? There was no Answer, - so I called out again, - Who is there? A Man (who we found afterwards was Wilson) answer'd, - It was his Brother's Stall, and he came there to lie that Night. I bid him open the Door; he would not, but kept it fast with his Lift Garter. I saw the Staple of the Padlock bent, and hanging upon the Door, so I thought it did not look well; and a Brother-Watchman coming up to assist me, we forced the Door open, and laid hold of him. We did not find any Thing upon him, but the Books were pulled down, and lay ready upon the Stand to be carried off. When we took him, (Wilson) he said but little, only he desired us to use him as a Gentleman, for - he was no Scoundrel. But my Partner took him to the Watch-house, and I said to look after the Shop, so I heard him make no Confession.
Murray. When you saw Wilson in the Shop, did you see any Body else about the Door?
Robinson. I saw nobody at all about the Door, after I heard the Noise.
Aspley. I am the Watchman that Robinson called to his Assistance. As he went up to beat his Rounds, he lifted up his Lanthorn to the Door. I called and asked what was the Matter? Here is somebody in the Shop, says he! I ran over to him, and heard Wilson say, it was his Brother's Shop, and he came there to sleep, and would sleep. I observed the Bar to be down, and that the Padlock hung upon the Staple; so I whispered Harry Robinson , and told him, I would call another Watchman to take Care of him. When I was going to call another Man, then he was for coming out of the Shop; - No, no, says I, as you have staid all this while, stay a little longer; and when I had got another Watchman, we opened the Door, and told him, he must go to the Watch-house. He called us a Parcel of Scoundrels , and said he would go to his Brother's at Furuival's-Inn. I told him he should go to the Watch-house, and as we carried him along he catch'd hold of the Bar of a Window, and held so fast, that I was forced to give him a Knock on the Elbow to make him let go. Then we carried him to the Watch-house, and sent for Mr Jones, but we found nothing upon him. I was with him before my Lord-Mayor, where he would own nothing at all at first, but at last, he said Murray was concerned with him, in breaking open the Shop, and taking the Books. By his Information Murray was taken, and brought to us, who waited for him at Furnival's-Inn-Cellar ; and there he (Murray) delivered 4 Books out of his Pocket; (what they were I can't tell) and he said the rest were in a particular Place, and told us where the Key lay, which was to open the Door of the Closet in his Master's Chambers, where the Books were put. I heard Murray tell Mr Jones he should not lose one of his Books; and that it was all along of Wilson that he came into the Scrape. These two Carpenter's Tools I found standing upright against the Wall, within 2 or 3 Doors of the Shop which had been broke open, about an Hour after Wilson was taken.
Murray. When I was sent for, did not I come willingly?
Aspley. Yes; I believe he did.
John York . I was there when Wilson laid hold of the Bar of the Window, and assisted in carrying him down to the Watch-house. I heard him say nothing about this Robbery; but I heard Murray confess the Books were in the Chamber, and he said they were thrown thro' the Window. They were found in a Bag, in a Closet in the Chambers at Furnival's-Inn .
Thomas Sympson . I was Constable that Night, when the Watchmen brought Wilson, by Force, into the Watch-house. They told me he had broke open a Bookseller's Shop joining to Staple's-Inn . He would not confess any thing at first; but when he found I was going to send him to the Compter , he said, Mr Jones should have all his Books again. I sent him to the Compter that Night, and next Morning, carried him before my Lord-Mayor, where he denied having the Books; but after my Lord had committed him to the Compter, he acknowledged that he took them out of the Shop, and delivered them to Murray, and said that Mur- ray took them away in 2 Pillow-cases. Wilson directed me where to find Murray, and accordingly I found him at Mr Ward's Chambers, No. 9. in Furnival's-Inn. When I first went to the Chambers, he was not within; but Mr Dowdell told me, he
Jury. How was the Shop-Door fastened?
Samuel Ellington . On the 21st of August, I had been in the City about a little Business, and as I was coming home, between 11 and 12 at Night, the Prisoner met me, just by Kingsgate-street , in Holborn , and catch'd me by my Right-hand, - How do you do, says she? Pretty well, says I; shall we buss, says she? No; get away, or I'll lay my Stick over your Back. No; you won't, says she, and immediately she clapped hold of the Chain of my Watch, drew it out, and ran away with it, as soon as she had got it. I felt it go at once. I pursued her about 20 Yards, or somewhat less, and caught hold of her; which I had no sooner done, but 3 Fellows came from the other Side of the Way, and one of them struck me on the Forehead, with so much Violence, that it immediately swelled up as big as my Fist. They knock'd me down, and beat my Hatt off. As soon as I was recovered, I saw her running off, so I pushed from the Men, and got hold of her again, and called out for the Watch, as hard as I could call. I resolved I would not loose my hold, nor let her go, but the Fellows came up again to me, and swore d - n my Bl - d they would beat my Brains out, if I did not let her go. However, I held her till the Watch came up to my Assistance; for in her running from me. She happened to run nearer the Watch-house: and I held her till I got her there. As soon as I had got to the Watch-house, one of the Men, who used me ill in the Street, cry'd out, d - n him, he has lost no Watch, search him. Aye, says the Pri- soner, search him, and I will be searched too. Up- on this, I felt down my Pockets, and found my Watch in my Left-hand Coat-pocket. Then one of the Men, who was on the outside of the Door, clapp'd himself between the 2 Doors of the Watch-house, and swore she should not stay there, for there was no Constable, (he said) and she should not be stopped there. I bid the Watchmen take Care of the Door, and then the Constable was sent for. The Watch was found before the Constable came.
Prisoner. Ask him if he charged me with any Thing, before the Constable of the Night?
Ellington. Yes, I alledged she had robbed me of my Watch: my Hat was lost in the Skirmish.
Prisoner. Was not you in Drink?
Ellington. I had been drinking, but was not drunk.
Prisoner. Did not you complain that you had lost your Hat in the Scuffle, which cost 10 s. and say, - if I would give you 5 s. you would make it up?
Ellington. No, I did not.
John Mackerel . I live by Bloomsbury, in Holborn, near the Place where this happened. I was coming home that Night, about a Quarter after 10, and hearing the Prosecutor cry out, I ran up to him, and found he had hold of the Prisoner. There was one John Mar and Clem Webb there at the same Time. Webb said, d - n you, what Business have you with the Woman? d - n you, you shan't hold her. Ellington said he had lost his Hat first; then, that he had lost his Watch. D - n you, says one of the Men, you're a Fool, you don't know what you've lost; you have lost nothing, and you shan't hold the Woman: So they all cross'd the Way, and went about 5 or 6 Yards farther; and then they rescued the Prisoner from the Prosecutor; cursing him at the same Time, and telling him, if he did not let the Woman go, they would knock his Brains out. Marr said this, and he had a Poker in his Hand, about 2 Foot long at the same Time. Webb said the same, and that if the Prosecutor would not let the Prisoner go, he would lick him. So they rescued her from him, and she ran away about 20 Yards, but he followed, and caught her, and pushed her into the Watch-house. The Constable not being there, they swore she
Prisoner. Was not the Prosecutor in Liquor?
Mackarel. I never saw the Prosecutor before that Time, in my Life. Upon my Oath I don't know that he was fuddled; he had been drinking he said, but I did not observe that he was fuddled. The Blow perhaps might disorder him a little just then, but in a Quarter of an Hour afterward, he was as well as any Man in the World.
Prisoner. Was he not willing to make it up, if I would give him Five Shillings for the Loss of his Hat?
Mackarel. There was one of the Men threaten'd to go to Law with him, and the Man seemed not to know what to do. I did not hear him offer to make it up, but I heard them offer him Money for that purpose, and he did not say he would take it. As to his Hat I never saw it at all; it was gone before I saw him.
Prisoner. How did the Prosecutor at that Time say he was attacked?
Mackarel. He said he came from the Cock-Inn, in Aldersgate-street, and gave exactly the same Account of the Thing, as he has done now.
John Ball . Between 10 and 11 I was standing at my own Door, just by Kingsgate-street , in Holborn, and hearing an Outcry , and a Noise, I went to see what was the Matter. And about 2 or 300 Yards from my Door, I observed 2 or 3 Men with a Woman, who was striving to get away. One Man insisted upon keeping her, and would not let her go; but 3 Men endeavoured to get her off. He that held her, said she had robbed him of his Hat and his Watch. I stood a little while, and saw a lusty Man, pretty well dressed, who said she should go, - this was at the End of Kingsgate-street , and as she was going to the Watch-house, he said, she should go away, for there was no proper Officer to detain her there. The Man that held her in Custody, said, he was an Officer himself. The other Men said he had no Power to take her, or detain her, because the Cause was his own. I made answer, and said, - every Man is an Officer to detect a Thief; upon which they were silent a little, and the Woman immediately ran away from him. I imagine the Man was held while she elop'd, but he followed her sharply, and caught her again. Then I went home to my own House; but hearing a Tumult again, I ran cross the Way, and found the Men were holding him who would have kept the Woman, and she ran away from him the second Time. But some of the People saying if she was a Thief, she ought to be brought to Justice, she was at last got to the Watch-house. What passed there I know not, for I then went home again. I never saw the Prisoner before that Night, but I am pretty sure she is the same Person. I have no Doubt but she is the same. The Man, I am positive, said, he had lost his Hat and his Watch; but he charged her with taking his Watch only.
Prisoner. Did the People, who were with me, pretend to be my Acquaintance?
Mr Ball. No; but I apprehend they were her Acquaintance.
Prisoner. Was the Prosecutor drunk or sober?
Mr Ball. Upon my Oath I apprehend he was sober, and that's what I would not say for any Man in England, if I thought he was not so.
Thomas Barret . - I don't know the Prisoner, if I was to see her; so I have no Occasion to look at her. All I have to say is, that on Thursday Se'ennight, in the Evening, I was in Company with Samuel Ellington, at the Cock-Inn in Aldersgate-street. I parted with him at the Gate about 10 o'clock, and he was very capable of going Home; - I know he was very sober.
Prisoner. What Quantity of Liquor did you drink?
Barret. Why some Men drink more, others drink less; - I believe we had a Shilling a-piece in Punch, and some Beer, I believe: but he (upon my Oath) is a Man not given
Mr Smith, the Master of the Cock-Inn, gave much the same Account.
James Robinson . I was not there when the Fact was committed; but I was at Moore the Constable's, the next Day, with the Prosecutor, and the Prisoner was there at the same Time. When we had talk'd there a little while, in came one John Gascoigne , and he sollicited for the Prisoner, and in her Presence would have had the Prosecutor to have made up the Affair, but he refused. I asked her whether she was a marry'd Woman? She told me she was a Widow; but when she was before Colonel De Veil, she said she was a marry'd Woman ; that her Husband was a Soldier, and followed some Business in Leadenhall-Market , and that she was not willing, on that Account, to be expos'd.
Prisoner's Defence. I happened to be at Mr Harris's House in Holborn, till 10 at Night, and was going Home. The Prosecutor came up to me in the Street, and insisted upon my going with him. I refused; he seemed drunk, and said he was an Officer. I told him I was a very honest Woman, and never went with a Man in my Life; but he took hold of my Handkerchief, and began to be rude; upon which I cry'd out, and some Gentlemen came up, and asked him what he wanted with me, and if he had lost any Thing? First, he said he had lost his Handkerchief, afterwards he had lost his Watch, and the Minute he came into the Watch-house, he pulled it out of his Pocket. Then the Gentlemen called him Rogue, and asked him how he could serve the Poor Woman so, when he had got his Watch? He said he had nothing to alledge against me, but he had lost his Hat among the Mob, and I should give him a Crown, for it cost him 10 Shillings. A Man afterwards came into the Watch-house, and persuaded him to swear for the Sake of the Reward *.
* In this Case there was no Reward at all.
Clement Webb . I remember the Prosecutor. This Day Fortnight in the Evening, I saw him at the End of Kingsgate-street a little after 10. He had got that Woman there, - I believe, - I never saw her before, - till Yesterday, - I believe it to be that Woman. - It was very Moonlight; - He had her by the Handkerchief, and 3 or 4 People were with her. I believe there were 3 Men with her, - I will take upon me to say there were 3 Men with her: and I coming along, asked what was the Matter, seeing a Man hold a Woman by the Throat, and the Prosecutor was drunk at the same Time. He said the Woman had robbed him, and had robbed him of his Hat. There were 2 or 3 Gentlemen more with me, and I said, Gentlemen, Which Way possible could the Woman rob the Man of his Hat? I asked him, Which Way he lost his Hat? With a good deal of Discourse, he signified, that he intended to be very free with her; then I concluded, that his attempting to be rude with her, might occasion his Hat to be dropped. I said, Why don't you loose the Woman and look for your Hat? He said, D - n her, he was a Constable of St Giles's, and would not loose her; but drew her over the Way to a Soap-Boiler's Shop, and there by the Perswasion of the People, and of me among the rest, - we persuaded him to let her go, that she might go to the Round-House. Accordingly we went, to go to the Round-House, and the Woman ran away from him, just above Queen-street. When he was got on the other Side Queen-street, the Woman was gone a little Way before. Then he said, d - n her, he had lost his Watch, and immediately he ran after her, and catch'd her by both her Hands, and pull'd her into the Round-House. There was an Old Man, who they call the Round-house-keeper, he let them in. She told him, she had not his Watch; I will be searched, says she, - or search me, - one or the other. Accordingly she goes to search her self, and in searching herself, she said, let somebody search him, and see if his Watch is not about him. Then he searched himself, and I believe it was out of his Left-hand Coat or Waistcoat Pocket, - I can't tell which, - he pull'd out his Watch. After this, I wanted to get into the Round-house, but the Old Man who keeps it would not let me come in, but sent away for a Constable. The Constable I happened to know, and so I was let in: after which there was Brawling and Noise for an Hour, and to no Effect, for the Prosecutor was so drunk, that what he said one Minute, he did not know the next. At last he concluded, that if the Prisoner would give him five Shillings, he would excuse her, and let her go about her Business. I should have said, - there was some other People came in, and the Woman would have been clear'd, if they had not perswaded him to charge her, - and that when I asked him how he could lose his Hat with her, he said, he 'went to - (The Witness made Use of a very indecent Expression) and this the Prosecutor admitted, when he was with the
Thomas Moore . I was Constable of the Night; this Day fortnight I was sent for, about a Quarter, or Half an Hour after 10, and was told there was a Bustle about a Robbery. Upon which I went down, and found the Prosecutor and the Woman in the Watch-house; Webb was at the Door, and desired to come in; I ordered him to be let in, and then I asked the Prosecutor what he charged the Woman for. He said he had lost his Watch, but found it again in his Pocket. Says I, Do you suspect she took it? I can't say that, and I am sure, (says he) she could not take it, for I held both her Hands. What do you charge her for then? Why, says he, I have lost my Hat, I don't suspect she took it, I believe it was lost in the Scuffle. Then says I, you have nothing to charge the Woman with. No, not I, says he, the Hat cost me Half a Guinea; and if she will give me 5 s. she may go about her Business. I asked him, what he charg'd these Gentlemen for, and Mr Webb? He said, he had nothing to say to them, only begged they would appear next Morning to go before a Justice; but Webb was obliged to go out of Town. After this, by somebody's Perswasion, he persisted in the Charge, and that the Woman should be sent to the Round-House, or some other Prison: she begged to go to the Round-House, and I took the Prosecutor's Word, and Webb's Word 'till next Morning. The Prosecutor said he had got a Knock, and he had received a Blow, but he said he could not tell how he came by it. If it had been given with a Poker, it would have made an Impression in the Man's Head. I did take the Prosecutor to be in Liquor. I have known Webb 20 Years; he is a Man of Worth and Credit.
Prosecutor. Ask Moore, upon his Oath, if he did not say in the Watch-house, that he thought the Blow was give me with the Poker?
Moore. I should have done myself a great deal of Injury to think so.
Thomas Reeve . I was at the Watch-house, and saw the Prisoner and the Prosecutor there; she ask'd him several Times if he had lost any Thing? He said he had lost his Watch, but that he could not alledge she took it, for he had found it in his Pocket. The Constable asked him over and over, if he had lost any Thing? He told him, he had lost nothing but his Hat, which cost Half-a-Guinea, and if she would give him five Shillings, he would not trouble his Head with her. But there was a Man in the Watch-house would have him insist upon charging her, and said it might be something in his Way. The Prosecutor was pretty much in Liquor to my thinking.
Thomas Kilburn . The Constable asked the Prosecutor whether he charg'd the Woman or not? He said, Yes; but I don't know that you have robbed me of any Thing, but I have lost my Hat, and if you'll give me a Crown, I'll release you. He said he had found his Watch in his Left-hand Coat-Pocket; I did not hear him say any Thing about it's having been taken from him. He was so much in Liquor, that if he spoke one Word - in a Minute or two, he could not remember it.
396. Mary Steward , otherwise Hastings , of St George's Hanover-Square , was indicted for stealing a Copper Stew-pan, val. 5 s. the Goods of Robert Burcher , and a Bermudas Hat, val. 4 s. the Goods of Catherine Jones , June 18 . Guilty 10 d.
Mr Stork. On Saturday the 2d of August, as I was going from Whitechappel , to Ayloffe-Street , the Prisoner came after me, and picked this Handkerchief out of my Pocket. I catch'd fast hold of him, and while I held him, he dropped it on the Ground, and I saw him drop it. So I took him before the Justice, and found he had been an old Trader this Way; for he was known, and the Justice committed him.
Prisoner. I was coming along, and the Gentleman took hold of me, and said I took his Handkerchief; but indeed I never touched it. Guilty .
398. William Higgs , alias Haikes , was indicted for that he, on the 16th of July , in the Parish of St John Wapping , in and upon Elizabeth Cross , Spinster, did make an Assault, and her, against her Will, did ravish and carnally know .
He gave Security however to appear the next Sessions, when he may be indicted for an Assault with Intent to commit a Rape.
399. + Stephen Jones , of St Giles's in the Fields , was indicted for assaulting William Swinney , and throwing him upon a Stone-Pavement, and giving him (so lying upon the Stone-Pavement) with both his Hands and Feet, several mortal Bruises, in and upon his Head, Neck, Stomach, and Belly, July 2 . Of which mortal Bruises he languished from the 2d to the 10th of July, and then died .
He was a second Time charged by Virtue of the Coroner's Inquisition for the said Murder.
William Bourn . That is the Man, Gentlemen, I will tell you what I know about it. It happened about 2 months ago, as near as I can think, (for I am no Scholar). - It happened that this William Swinney was murder'd; I am sure he was. He was going into Bowl-Yard, Broad St Giles's , between 4 and 5 in the Morning, and this Prisoner came up to him, and tapp'd him on the Shoulder, and said, - You Blood of a Whore, will you fight. I did not know the Prisoner before, but I know it is him, because I am positive by the Marks and Tokens that he is the Man. The Deceased said he would not fight; I am no fighting Man, moreover, I am drunk. The Prisoner said, You Blood of a Whore, if you will not fight, I will make you fight. They had not been in Company together, for the Deceased and I had had 2 Pots of Beer together, at the Cannon and Crown in Broad St Giles's. So when the Deceased refused to fight, the Prisoner knock'd him down to the Ground with his Fist; for I believe he had no Stick, nor any other Weapon. When he had knock'd him down, he gave him 3 or 4 Kicks on the Sides, and at every Kick he cry'd, - You Blood of a Whore, there's Dublin for you. For he that is dead, was an Irishman; what the Prisoner is I know not. The Deceased got up, and the Prisoner knock'd him down 3 or 4 Times, and gave him the same Usage, and at every Kick he cry'd out, - there's Dublin for you. The Deceased, to the best of my Remembrance, made no Resistance in Life; he was not able to stand, and he told the Prisoner so before he struck him. The last Kick he gave him was about the Throat, after which he lay a Quarter of an Hour senseless, and stirred neither Hand nor Foot. With that, I knowing the Man that was kill'd, and seeing 3 or 4 Men stand at the Corner, for Fear they were Confederates, I dare not come near to assist my Acquaintance, - for Fear my Life should be lost as well as his. - I am an Irishman, - I never will deny my Country. So with this, the Man lay for the Space of a Quarter of an Hour, and did not stir Hand nor Feet, and I stood all the while leaning against a Bulk. Then the Prisoner came up to me, and said, - You Blood of a Whore, do you belong to that Man? No, really, says I, I don't, - I don't know him; I never saw him to my Knowledge. Says the Prisoner, You Blood of a Whore, you lie, you are one of his Confederates, and so he gave me a Knock on the Side of the Head, as I leaned against the Bulk, and I staggered 6 or 7 Yards, before I fell to the Ground, and then, I believe, he did not give me another Knock. Then here is the Women who stood by and said, O you cruel Man, are not you ashamed to use the poor old Man so barbarous as you do? Meaning me, by the poor old Man. This is one of the Women who cry'd out so, and one Tisdale, who refuses to come, is the other. What is that to you, you B - ch - s, (says the Prisoner) what I do, so they ran in and shut their Doors, for Fear he should do them some bodily Harm. I have no more to say, but a Word or two. The Prisoner, when he left me and the Deceased knocked down, he went with these 3 Men, who stood on the other Side, to a Night-house (one Mr Allen's that was) in St Giles's, but who keeps the House now, I don't know; and whether there was 3 or 4 of them I don't know, but thither they went. The Deceased got up some Time after, and with that he went Home, I believe, to his Bed. His Home was not above 2 or 3 Stones-throw from the Place where this happened: he lives in Vine-Street, Broad St Giles's. I did not go home with him, for I was afraid I was as bad as he, so he went home himself, but I saw him the next Morning in his Bed, about 6 o'clock, and he said he was in a bad Condition. I saw him 4 or 5 Times before he died, in a very weak Condition, as he told me, for I am no Physician. TheWilliam Bourn , I send for you to let you know a little of my Mind, by Reason you was a Witness to my Mis-usage , and my being murdered; and I leave it as an Obligation on you, if you can find him, at any Time, to bring him to Justice, for he has actually killed me; and he dy'd on Wednesday, the very Day after he told me this Expression. Says I to him, No, William, my Dear, God is able to bring you from it. No, says he, I never will recover; and my Wife is out of Town, so I leave it as an Obligation on you to bring him to Justice. He dy'd 8 or 9 Days after he received the Hurt; he received the Hurt on Wednesday, and he dy'd on the Wednesday after; I don't know how long it was after he was hurt, for I am no Scholar; I don't know a B from a Bird's Foot. He shew'd me a great many of his Hurts, and he had every Bit of him all over hurt, and I did not see him out of his House after he was hurt. He had no Doctor, for I believe he had no Money. He used to go about with Hard-ware.
Elizabeth Howel . I was out in the Street selling Rice-milk between 4 and 5 in the Morning, and saw the Prisoner meet the Deceased in Bowl Yard. The Prisoner tapp'd the Deceased on the Shoulder, and asked him if he would fight? The Deceased said no, and told the Prisoner he [the Deceased] was drunk. The Prisoner asked him what Countryman he was? The Deceased said he was an Irishman; upon which the Prisoner gave him a Blow, and said, if he would not fight he would make him fight. After some Blows had passed, the Deceased took hold of the Prisoner's Shirt, and tore it. The Prisoner then beat him in a very barbarous Manner, and knock'd him down several Times. I afterwards saw a Street-walking Woman take the Deceased to a Pump, and wash him. The Prisoner gave the Deceased some Kicks after he was knock'd down, and the last Kick was in the Throat. The Deceased made no more Resistance, than only to take hold of the Prisoner's Shirt, and tear it.
Elizabeth Tyler . Last Wednesday Morning, about nine Weeks ago, I call'd at my Landlady's about 4 o'clock in the Morning, to take her Daughter with me to Paddington : as I waited at the Door for her, I saw something of a Fight, in the Bowl-Yard. One Man knocked the other down several Times. My Landlady and I called out, - You Rogue! You Villain! How can you use your Fellow-creature so. I never saw either of the Men before, nor have I ever seen the Prisoner since, till to Day, but I know him again. And all he said, when I spoke to him, was, - What did he tear my Shirt for. After this my Landlady and I shut ourselves in, for Fear of bringing ourselves into Trouble; and one, whom we took to be a Woman of the Town, took him to the Pump, and washed him, and seemed very careful of him. There was 3 or 4 People stood by during the Fray. One was a Ballad-singing-Boy, and the other a Person who had been 'Prentice to a Neighbour of ours.
Defence. Walter Scot . I am a Dealer in Coals. In the Beginning of July, between 3 and 4 in the Morning, I heard an Outcry and a Noise, so I jump'd out of Bed, flung up the Sash, and saw two Men fighting in the Broad-Way: and, to the best of my Remembrance, the Prisoner was one of them. I saw some Blows struck, but from what I could perceive, they were not Blows that could occasion the Death of any one.
Edward Jones deposed, That he was going with News that Morning to Kensington , between 3 and 4 in the Morning, and saw the Deceased push against the Prisoner, and heard him say, he did it for Fun. Upon which they fell to fighting, and fought a long Time. When they had done, one went one Way, and the other another. The Witness observed a Man with the Deceased, but he did not know who he was.
William Hampton saw the Prisoner and the Deceased fighting a long time together that Morning; after which the Prisoner gave out; and then the Deceased said, - You English Bug, you have lost one Eye, and I will drive the other out. And upon the Deceased's striking him again, the Prisoner said, - You Irish, Bog-trotting Dog, I will not give out. They then fell to fighting again, and the Witness went away, and left them engaged.
Mary Hampton deposed, That she saw the Squabble, and that the Prisoner having done fighting, was about to put on his Cloaths ; but the Deceased jumped upon him again, knocked him down, and calling him Bug , said he would beat his other Eye out.
Three Persons gave the Prisoner the Character of a peaceable Man. Guilty Manslaughter .
Charles Galloway , and a great Number of other Linnen Things , the Property of sundry Persons, July 28 . Acquitted .
412. Elizabeth East was indicted for stealing 3 linnen Aprons, val. 18 d. a Cotton Gown, val. 2 s. a Silk Handkerchief, value 6 d. and several other Things , the Goods of John Pulford , July 16 . Guilty 10 d.
413. + Abraham Hancock , of Stepney , was indicted for assaulting Hannah Prince in a certain open Field near the King's Highway, putting her in Fear, and taking from her a linnen Shift, val. 12 d a linnen Apron, val. 12 d. 2 linnen Handkerchiefs, value 2 s. 2 Pieces of Linnen cut out for Sleeves, val.12 d. and a linnen Cap, val. 12 d. Aug. 23 .
Hannah Prince. On the 23d of August, I was going from Limehouse to Bow, between 7 and 8 at Night, and not knowing the Way, I desired a Woman to direct me. The Prisoner, I believe, was somewhere behind, and heard me, for he came up and asked me if I was going to Bow. I said, Yes. He told me, he lived near that Place, and would put me in the Way. I returned him Thanks, and we went together through Poplar, and as he went along he spake to several Persons. At last he carried me a Back-way into a Field behind Poplar-Chapel , and then told me he must give me a green Gown. I begg'd of him to desist, and desired him not to use me ill, but he slung me upon the Ground, and pinched me, and bit me, because I would not consent. But hearing some People coming along, I collar'd him, and held him as long as I could; then he got up, and as soon as I got up, he knocked me down. He gave me one Blow upon my Stomach, another upon my Arm, and one upon my Mouth, which cut my Lips against my Teeth; then he snatched the Bundle out of my Hands, which I was carrying to Bow, and tore the Handkerchief in which the Things were tyed up, before he could get it away from me. [The Witness gave an Account of the Things contained in the Bundle, as they are mentioned in the Indictment.] It was near 8, when he threw me down, but it was very Moon-light, and I believe I had walked a Mile from Limehouse, before he attacked me. When he had got my Bundle, he ran away, and I ran after him, and entreated him to give it me again; telling him, if he took my Things, I had no more to put on. But he got over a Stile, and ran off; and I, (not knowing where the Path led to,) was afraid to follow him any farther, so I stood at the Stile, and cryed, Stop Thief! Some People came up to me, and went after him, but not being able to take him, they return'd to me, and perswaded me to stay at Poplar that Night. I was very much surprised, and staid there till next Morning; then they carried me to see a Man at Blackwall , who they mistrusted was the Person, from the Description I had given them of the Prisoner. But he was not the Man; so I came back to Poplar, and saw the Prisoner pass by, near the White-horse: Upon which I jumped up, followed him, and collar'd him, and told the People he was the Man. Then I got one to hold him, while I went to see for an Officer, and when I came back; he confessed the Fact, and said he was sorry for it He own'd he beat me down, and took the Things from me, and he pull'd out one of the Handkerchiefs, (which had been in the Bundle,) and return'd it to me; his Mother being with him, he desired her to go home with me, and give me the rest of my Things. I went with her accordingly, and she returned
Leonard Head . The Prisoner was taken on Sunday the 24th of August, by this Woman; and there being a great Noise, and a great many Women about him, he got away, Some Gentlemen hearing he was escaped, sent for me, (being an Officer) and ordered me to look after him. Accordingly I went after him all that Day to no Purpose, but on Monday Morning I apprehended him at Ratcliffe-Cross , as he was going to Work; and having got two Men to assist me, we carry'd him to Poplar Watch-house, till we gave the Prosecutrix Notice. As soon as she came to us, we carry'd him before the Justice, and he owned he knocked the Woman down, and took her Bundle from her. He said he was in Liquor when he did it, and was very sorry for it.
Mrs. Prince. I am sure he walked very upright; and when he ran away from me, he ran a vast Pace. If he was in Liquor, it was not to be discerned.
John Ashton . I saw Leonard Head that Monday Morning sauntering about at Ratcliffe-Cross ; I asked him the Reason of it? He told me, some Gentlemen at Poplar had threatened him, for not taking a Thief. I asked him if he knew the Man? He said, Yes; and told me who he was. So I carry'd him to an Alehouse, where a Parcel of Lumpers (i. e. Men employed in unloading Ships) were at Breakfast. He saw the Man among them , but I was afraid of their Knives, so we waited a while till he came out, and then we took him. He imme- diately owned he did the Thing, but he said he was in Liquor, and had given the Woman the Things again, and a Shilling. We went down to his Mother, and asked for the Apron which was wanting, and she said her Son had given the Woman a Shilling to satisfy her. Before the Justice he owned he robbed her, and knock'd her down, and said he was sorry for it, and it was the first Fact he ever had done in his Life. I made Answer , and said, - it was too soon now.
Bomer Loveit . When we were going to Prison with him, I desired him to let the Woman have the Apron that was missing: He told me his Mother had pawn'd it. I went to the Mother about it, and she went with me to the Pawnbroker's; I redeemed it, and the Prosecutrix owned it.
Prince. I described the Marks to them before they shew'd it me. I knew it by the broad Hem, a Darn, and a Hole burnt in it by a Spark which flew out of the Fire.
Elizabeth Robinson , Mary Flemming , and Mary Blow deposed, That the Prisoner worked with their Master, (a Throwster) and had been entrusted very much in their Master's House; that he always behaved well, and they never heard any Harm of him before. Guilty , Death .
415. + George Higgs was indicted for stealing 22 Copper-Plates, engraved with Figures and Devices, val. 30 l. the Goods of GERARD Vandergucht , 13 ditto, the Goods of Dr Stukeley , and 9 ditto, val. 40 s. the Goods of Persons unknown, in the Dwelling-house of Gerard Vandergucht , July 31 . Guilty 39 s.
John Wright , Dec. 1 .
* The Prisoner was try'd in May Sessions 1739, for receiving a Watch, knowing it to be stole, and was acquitted. See Sessions Book, No. 4. p. 67.
She was again indicted, for stealing a Gold Watch, a Silver Snuff-box, and 8 Guineas in Money, in February last, and acquitted. See Sessions Book 1740, p. 97.
John Wright . On the 1st of December last, I was going home between 11 and 12 at Night, and met with 2 Woman, who carried me to a House of the Prisoner's in a Court near Charing-Cross . We had something to drink, and I was about half an Hour in their Company. When the Half-Hour was expired, they went away, and I missed my Watch that Moment. I called the Prisoner, and asked her if she knew the Women? She said, no; she never saw them before. I never saw them before in my Life; but the Prisoner brought up the Liquor, and seem'd to know them then, and she was in Company with them 4 or 5 Minutes, but I can't swear she took it. They were lewd Women who were with me, and I lost it in her House, and that's all I know. Acquitted .
419. + Abraham Izard , of Pancras , was indicted for assaulting Richard Mason on the King's Highway, putting him in Fear, and taking from him a Silver Watch, val. 40 s. and a Cornelian Seal set in Gold, val. 10 s. May 6 .
Richard Mason. On the 6th of May last, between 1 and 2 in the Afternoon, as I was going to Colney-Hatch , the Prisoner stood poring over the Side of a Pond, and said, there was a large Rat ran out. I said, it may be so. The Prisoner then came from the Pond, and about 20 Yards from it, he pick'd up a Catcher and Ball. Upon that, John Clarke , (who was convicted for this Robbery last May Sessions) stepped up, and bought the Catcher and Ball for Six-pence; and they desired me to go with them, and drink Part of the Money out, because I was at the picking it up. I went cross the Fields with them to Mr. Spencer's, at the Adam and Eve at Pancras ; John Clarke called for a Pint of Home-brew'd, I sat down on the Bench at the Door, but they desired me to go backwards with them; I did so, and Mrs. Spencer brought the Home-brew'd and some Bread and Cheese to us. As soon as we had set down, Clarke went farther backwards, and left his Hat, as if he was gone only to the little House. He returned to the Prisoner and me, and brought another Man with him. Then the Prisoner desired Clarke to lay a Wager of a Shilling, (in play with the Catcher and Ball,) to make the Company drink. The Prisoner and Clarke play'd for a Shilling , and then the Prisoner desired me to give him 2 Six-pences for a Shilling. I pull'd out a Guinea, and 4 or 5 Shillings, and the Prisoner snatch'd the Gui- nea out of my Hand. Then they made a Hustle, and turn'd me out at the Back-Gate of Spencer's House. Finding what Company I was in, I was glad to go off with the Loss of my Money; but they followed me beyond the George Alehouse , about a Hundred Yards from Spencer's, and John Clarke made a full Stop before me; the Prisoner kept close to my Right side; the third Man got close to me on the Left-hand, and they seemed as if they were going to something of the Game again, which they had been at before. I seem'd to draw back, and then the third Man (who is not taken) demanded my Watch; and in the Surprise and Fear, that I was in, (for they put me in fear, when my Watch was demanded,) the Man who is not taken, threw up the Flap of my Coat, and took it out of my Pocket; then he gave it to John Clarke , who ran away with it directly, over the Fields. I made after Clarke, but the Prisoner and the other stood in the Road to boggle me, and so I lost Clarke first, and the Prisoner and the other Man soon after. Upon this, I went back to Spencer's, but I could find nobody in the House, who belonged to it. The second Time I went, I saw Spencer's Wife, and told her, I had been robb'd of my Watch, by the Men who had been there. She seem'd to refuse to hear me, till I told her, I would speak to her. Then she went out at the Back-Door, and hush'd me, that I should say nothing before the Company; and at the Back-Door she told me, she was very sorry, and if I pleased to come again the next Day, which was Hanging-Day, they would be certainly there, and I might take 'em, if I brought an Officer with me; for one of the Malefactors (she said) was to be bury'd there, that Night. The next Day I took 2 Officers, and another Man, and we went thither. I desired the Men to go into the House, and see if such Persons were there. They went, and were inform'd that such a Thing had happened, and then I went in myself.
Prisoner. Did you not declare that you had lost your Watch and Money at Play?
Mason. No, I did not.
Prisoner. Did not you say, after you had been at Franklin's , that you had lost your Money and Watch at play with a Footman and 2 other Men? And did not you ask how you must come by them again?
Henry Mould 's, and described them to him.
Prisoner. Did not Mould tell you, the only Way to get your Watch and Money again, was to prosecute them, and then you'd get them again, and something for your self to boot?
Mason. No; no such Thing. No one designed any such Thing.
Snowden Hall. I know the Prisoner absconded after this supposed Robbery was committed. He used a House of a bad Character, - the Horse and Groom , in the Lane next to where I live, before the Fact; but he did not use it afterwards. I know the Prisoner, and he knows me; but when he was taken, he would not know me. Afterwards he confessed he knew me, but did not care to own it.
Robert Rhodes . Mason brought this Warrant to me, the 7th of May, in the Morning. Mould, and another Brother-Officer went with us to Spencer's, and we went in first, and called for a Pint of Wine, and talked to the Woman of the House. Then Mason came in, and not finding any of the Men there, we went to several other Places; but in the Evening we took Jack Clarke . in James-Street, Covent-Garden. The Prisoner lodg'd in the Bowl-Yard, but after this, he absconded, and went to Thomas's-Street , and from thence to Moorfields. When he was taken, he said he knew us to be a parcel of Thief-takers, and that he knew nothing of the Matter.
Henry Mould . I know nothing of the Robbery; I very well remember the Prosecutor work'd at Colney-Hatch , the 6th of May. He is a Carpenter , and was at work, where I did the Turner's Work. In the Afternoon he came running to my House, out of Breath, and said he had been robb'd of his Watch and a Guinea, as he was going to Colney-Hatch . He described the Men to me, and I knowing such People, living in the Neighbourhood, I put it close him, - Richard, Did not you game with them? He deny'd it very strongly, and shewed me a Warrant he had to take them up, but the Warrant was for no body, for there was no Name mentioned in it. So he went to Colonel De Veil, and got a Warrant, and Clarke was apprehended very soon after. I am a Turner, and keep a Publick House; the Two Blue-Posts, at the upper end of Drury Lane .
The Prisoner, in his Defence, urged that the Prosecutor first lost his Money, by wagering with Clarke that he did not catch the Ball upon the little End of the Catcher, once in 6 Times; that he af- ter this followed them out into the Road, and insisted that Clarke should lay a Guinea 6 Times against the Watch, and if he won, he was to have it. That Clarke having won the Watch, went away with it, and the Prosecutor afterwards came to the Prisoner at the George, and told him the Seal which hung to the Watch was none of his own.
Sarah Spencer . About May last Mason came to our House, but I can't say I saw him drink any Thing, or that I saw him with any Company, only with a Man in a green Livery, and he was sitting upon a Bench at the Door. I can't say where he went, when he went away, but about an Hour afterward he came again, and asked if his Company were gone? I told him I did not know what he meant. He asked me, if I did not know the People he was with? I said, I knew them by passing by the Door, and drinking, and that they were what We call Orange-Barrow-Men. I asked him, - What was the Matter ? He said he had lost a Silver Watch, a Guinea, and a Gold Seal. Pray what Way? and he said, by the Ball and Catcher, - upon my Oath he did.
Jury. We would ask her, if he did not say he was robb'd of his Watch, &c. For he might say he lost it, when the People were there with their Ball and Catcher?
Spencer. He said he lost it - with - the Ball and Catcher. He did not say he had been robb'd, - to my Knowledge. - I don't know that he did.
Mason. I beg she may be ask'd, if she did not tell me they were a Pack of Thieves, and that I might take them, if I would come there next Day?
Spencer. I said they were a Pack of Villains, and that they had been with my Husband to treat with him about burying a Man, and the next Day being Execution-day, I judged they would come and bring the Man to be buried. I thought it was a Fraud, - and being a Fraud, I thought he might get his Things again.
William Cheatham . I am a Stove grate Maker. I don't know Mason, - but I was going to my Mistress, on the 6th of May (one Mrs Petty, at Kentish Town) and my Master bid me call at Spencer's , at the Adam and Eve at Pancras , for a Pitch-pot. When I came there I saw 2 or 3 Men at the Door, all in a Heap and I look'd in , and saw two Men playing with a Catcher. This was at about five or six o'clock at Night. I went by them into Spencer's House, and got the Pitch-pot. As I went home I met Mason, and he asked me if I had seen 2 or 3 Men pass by? and he told me he had lost his Money and Watch with the Fellow, with the
Elizabeth Moore . The Prisoner lodged with me, about a Twelve-month ago, and paid me honestly. He always kept very good Hours; and if he came home when I was a-bed, he always had the Key of the Door to let himself in; and I never heard any Harm of him.
Nicholas Moore . We have entrusted him with the Key of the Door, to let himself in. He generally came home at 9 or 10 o'clock, - seldom kept any later Hours. I never lost any thing in my Life, nor ever heard any Harm of him.
John Thrist , (the Executioner) was called next, (by the Prisoner) who desired he might give an Account of Jack the Catcher's Declarations concerning him; but as this was not legal Evidence, he was dismissed.
John Arthur . When we went to Spencer's, I heard her say, - This Thing might be made up, very easily, for her Husband had made up such Things as these several Times. I took it with Relation to the Robbery, - I believe Mrs Spencer meant it, as the Things were won at Play.
Mrs. Spencer. Did not I say, he told me, the Things were lost with the Catcher and Ball?
Arthur. I don't remember it.
Rhodes. I heard her say, if he would be easy, he might have his Things again.
M ould. As for my Part, I can't say nothing to the Words of Mrs Spencer at this Time, for I was drinking Wine, and eating Bacon.
Isaac Steed . The Prisoner was put into Possession of Drury-Lane Play-house, on Account of Mr Fletewood's Misfortunes, and he declared to me, on the 15th of August, that he stole the Lace off the Prince's Canopy; there were 7 Yards and 1 Foot of narrow Lace taken away, and he owned he sold it to Mr. Dinely for 6 d. I have laid it in the Indictment, but at 10 s. tho' I believe 5 l. would not make good what was taken away. I can't be a Judge what it was worth, if it was to have been sold.
William Hobson . When the Lace was missing, the Boy was taken up; and for 2 Hours he would confess nothing. Afterwards he own'd it, and said he had sold it to Mr Dinely. It was a narrow single Lace, upon the Canopy which is put up when his Royal Highness comes to the House.
Samuel Dinely . I keep a Silversmith's Shop in Drury-Lane . Mr. Hobson came to me, and asked me if I had not bought some Silver Lace? I told him I had bought a Six-penny Weight. I saw no more, and it was as black as my Hat, and good for nothing but the Fire. I gave the Prisoner Six-pence for it, - it weighed no more. I knew the Boy to be a Neighbour, and had not heard any Harm of him. I asked him how he came by it? And he told me he had it off an old Elbow-Chair
The Court reprimanded Mr Dinely, for his Concern in the Affair.
* He was tryed last May, for stealing a Quantity of Wearing Apparal , from Mrs Peck, in Jermyn-Street , See his Trial. No. 257.
Mary Collins. The Prisoner lodged with me in Plumbtree Street , Bloomsbury . We had 2 Rooms on the same Floor, and we made Use of each other's Room. On Tuesday last she asked me to go with her, and see a Room of Goods, in Drury-Lane . I went; and when I came Home, I found my Keys upon the Bed , and the Money mentioned in the Indictment was taken out of my Box. I had left the Key of my Door where I always did, that as
Judith Roach . Upon the Woman's missing her Money, I went out to see after the Prisoner, and brought her home, and she went up stairs into her Room jingling some Money. Collins asked her what that was? Upon which she ran down Stairs as fast as she could, and Collins called out, - stop her, she has got my Money! I stopped her at the Threshold of the Door, and she dropped 2 Guineas and 2 Shillings. She told Colonel De Veil it was her Money, and she pulled out another Guinea out of her Petticoat, and said she had 2 Guineas more in her Stays; all which Money she begged for in the late hard Frost, and worked for on other Times. While she was at the Justice's, I was sent home, to search her Room, with the Constable, and we found 2 Guineas in her Stays, but she said, these too were her own.
Collins . The Prisoner lodg'd with me a Quarter of a Year before I came to this House, and I know no Harm of her but this.
Roach. The Prisoner and Prosecutrix had been but 3 Weeks, in my House. I did not enquire after the Prisoner's Character when she came, because she came with Collins, and I knew her before.
Mary Kelly *. I am no Relation to the Prisoner, but I know her to be a very honest Woman, and a very just Woman. She maintains herself by selling Things about the Streets, and she goes out with her Child, to look for a Bit of Bread. I know she offered to lend my Mother 2 Guineas, about a Month after the late hard Frost; but my Mother did not borrow it. Acquitted .
Simmons. On the 18th of August last, a Fellow-Workman and I went to Tottenham-Court-Fair , and he there meeting with Company, I was not willing to interrupt him; so I left him, and walked by a Booth, which was kept by one Cummins . The Prisoner Stuart was in the Booth, and asked me to come in and drink; telling me there was as good Liquor, as any in the Fair. So I went in, and called for a Pint of Beer, but they brought a Decanter of Cyder, which came to 5 d. and I had but a Groat in my Pocket; However, the Drawer said he would trust me t'other Penny. She drank the first Glass, and while I was drinking another, she took the Watch out of my Pocket, and I felt it go + ; at the same Time. As soon as she had got it, she ran out of the Booth, at the Back-door. I pursu'd her to the Door, but found it fast, and was going to break it open, but the Drawer came to me, and asked me what I meant by making a Riot in the Booth, and who I brought in, to make the Riot? I was afraid of going out, for Fear of being murder'd; so there being a Bed in that Part of the Booth, I lay down, and nobody came near me for some Time. At last she came to me again, and said, My Dear, what makes you so melancholy? I hope you'll give me something to drink. And I, with that vulgar Word, call'd her Bitch of Hell, and said, she was the Woman that robb'd me. She told me I was drunk; when I was as
+ The Prisoner had been indicted capitally for privately Stealing, but the Fact appearing otherwise they were then acquitted, and this Indictment for Larceny directed.
George Hunt . On the 18th of August, between 9 and 10 at Night, I was coming through the Fair with two of my Friends, and I saw Simmons have hold of the Prisoner, on the Outside of the Booth, crying out, Help me, I am robb'd. I asked him what he was robb'd of? He said he was robb'd of his Watch by the Prisoner, Yorkshire Hannah , and if you'll help me, I will pay you for your Trouble. Upon this we took her into the Booth, and kept her in Custody while we sent for an Officer. When we had sat about a Quarter of an Hour, Lawrence , the next Witness, said, she had given something to Shilcock. Shilcock ran through the Booth into the Back-place, where the Bed was; I ran after him, and saw him toss something out of his Hand toward the Bed. I suspected it was the Watch, and desired to speak to the Man who belonged to the Booth; but another Man came up to me, and endeavoured to pull me out of the Place. I told them, if they opposed me, I would send them all to Newgate; so at last the Master and Mistress came, and they deny'd that they knew the Woman. I bid them get me a Candle, and as soon as it came I searched, and found the Watch at the Feet of the Bed, and put it into my Pocket; but I would not let Simmons see it, till he told all the Marks of it before the Constable. As we were all coming out of the Booth we saw Shilcock , and seized him, (but I really believe he was so drunk, he did not know what he did) then we got a Light to go with us to London. Shilcock was the Fidler of the Booth; I believe he was so drunk, he did not know (what) one Hand (did) from the other, and I believe he would not have done such a Thing, if he had been sober. The Prosecutor described the Watch in a very exact Manner, before I shewed it him, and then he owned it.
Thomas Lawrence and John Swain confirmed the former Evidence. Lawrence saw Shilcock come behind the Prisoner Stuart, as she sat between Him and Swain , and observed her put her Hand behind her, and give something to Shilcock , which he ran away with into the Back-Room.
Defence. Stuart. He came into the Booth, and was very rude with me, and then he lay down, and dosed on the Bed, and whether he dropped it there himself, I don't know.
Mary Bowers . Shilcock was my Master's Fidler; he gave him Half-a-Crown a-Day to play there; and I was also a Servant in the Booth. The Prosecutor came in with the Woman, and call'd for a Pint of Cyder, but he had not Money enough to pay for it. Presently he came out, and said he had lost his Watch: the Woman asked him if she took it? He said, no; and so she went away. But when she came again, he went to the Door, and said she was the Person: and several Men coming up, they insisted on keeping her till the Man got his Watch again. The Fidler was eating his Supper at the same Time: I brought him the Bread and Cheese, and drew him a Pint of Beer. The Fidler was not near them at that Time.
Shilcock. Ask the Prosecutor if he saw me near him?
Simmons . No, not near me: the Woman was sitting between the two Men; and there were 3 or 4 People about us. I stood on the Off-side.
Swain. I was looking so earnestly at Hunt , that I cannot say I observed her to put her Hand behind her: but Lawrence saw her, and told Hunt ?
Mary Morson * . A Minute before the Skirmish happened, Shilcock came to my Stand, in the next Booth, and asked me if I had any Victuals? I was just going to boil a Breast of Mutton and Turneps, and before the Pot boiled this Thing happened. I believe he had no Hand in it, for I have known him 10 Years, and he might have wrong'd a Woman that keeps a Publick-House, but he never did; and he always laboured for his Family.
Hester Rhimer . About a Year ago the Prisoner (Shilcock) liv'd in my House in Ship-Yard, and I trusted him over all my Money and Business. He never wronged me of a Halfpenny in his Life, but behaved honestly. He fiddles about for his Bread. Stuart Guilty . Shilcock Acquitted .
John Weller , of St James's Westminster , was indicted for stealing a silk Handkerchief, value 1 s. a Silk Purse , val. 1 d. a Bag, val. 1 d. 11 Moidores, value 14 l. 17 s. 32 Portugal-pieces, value 57 l. 12 s. 4 ditto , value 14 l. 8 s. 159 Guineas, and 16 Half-Guineas , the Property of Henry Grubb . And 8 Holland Shirts , val. 3 l. the Goods of Persons unknown , in the Dwelling-house of Henry Grubb . July 28 .
Mr. Grubb . I live in St James's-street , and am a Pawnbroker . On Saturday the 26th of July, Mrs Grubb and I told out 205 Guineas, not all in Guineas; but in Guineas and Portugal Pieces, to that Value. I put the Money in a Bag, and then lock'd it up in my Bureau, in the Parlour, behind my Shop. In the Evening I had a pretty deal of Money in my Pocket, so I put 60 L . all in Gold, out of my Pocket into the Bag. On Sunday Morning I went out of Town, and came home on Sunday Evening. The Prisoner, who was my Servant, went out of Town with us, and came home with us. On Sunday Evening I felt the Cabinet, and found it fast and secure, so I did not open it. Next Morning between 7 and 8, my Daughter came to me, before I was up, and told me the Cabinet was broke open. I immediately got up, and found my Bag, and Purse, and all my Money gone, and the Cabinet broke open. It was not unlock'd, for it was a very good Lock, and there was a Plate above it, and below it, to secure it; but it was wrench'd open; the Plates were flown, and the Lock was shot, so that it could not be shut close. All the Money mentioned in the Indictment, was in the Bag and Purse; but I can't recollect what particular Pieces were in the Bag, and what, in the Purse. Upon missing the Money, I called all my Servants about me; and the Prisoner told me, he found the Area Doors under the Kitchen open, when he got up, and he believed the Thieves came in that Way. But I looked at the Doors, and there was no Violence had been used to them, and they were strong and substantial; so I said, possibly they might go out that Way; but which Way did they come in? He said he could not tell, - he was very innocent. I suspected the Prisoner, because all the rest of my Servant s are employed in Trade; and are entrusted with great Sums of Money every Day, and if any of them had had a Mind to have deceived me, they could have done it other Ways. So I sent for a Constable, who desired he might search the Hayloft and Stables, (for the Prisoner served me as a Footman), and in searching, he had the good Success to find all the Money, and I had it all again. When the Money was found, we tax'd him with it; and he insisted upon his Innocency . After this we searched him, and found a Handkerchief which I had lost some Time, and this Knife in his Pocket; here's an Eye (a Hole) in the Blade, and upon examining the Cabinet, we found every Impression made in it, fitted this Tool, as exactly as if they had been made by it; and the Flap of the Cabinet being lined with green Velvet, had been press'd by the Tool, and in the press'd Part, there was a little Space unpress'd, which exactly fitted the Hole in the Knife. The Prisoner did not lie in the Stables, but over the very Room from whence the Money was taken. I asked him, if he had been out that Morning? He told me, - no farther than the Stables; but remembering he had a Sister-in-law, by Red-Lion-Square, that he called upon sometimes, I went to Colonel De Veil's for a Warrant to search there; but I had no occasion to make use of it; for I asked her if she knew John Weller ? She said, Yes; and told me he had brought her 6 Holland Shirts that very Morning; shewed them to me, and they are the Shirts of a Gentleman who pledg'd them at my House, and they were taken out of my Warehouse. There are eight Shirts in the Indictment; two of them we found in his Possession, one in his Box, and the other in his Room; they are of a coarser Sort; the six fine ones are worth three Guineas, or thereabouts; here are our Tickets upon them. I can't be so positive to these 2, as I am to the other 6, because they were in the Holland when they were pledg'd; but have been made up since.
Prisoner. How is it possible, I should take the Shirts out of the Warehouse, when I never was in it 3 Times in my Life?
Mr Grubb . Our Warehouse-door is generally open, and he goes through the Warehouse to fetch Corn; and Mrs Grubb has been so indiscreet, as to give him the Key, to go thro' the Warehouse by himself.
Prisoner. What Character had you with me from my Lady Salisbury?
Mr Grubb. I was to blame to take him on so slight a Character; I took him on the Character given him by a Servant, and never enquired any farther.
Mrs Grubb confirm'd her Father's Evidence.
Robert Morris . The 28th of July in the Morning Mr Grubb sent for me, and told me of this Affair, and that he suspected no one but the Prisoner, and would have had me have taken him into Custody: I called him out, and desired him to take the Prisoner down Stairs, while we searched the Hayloft, and Stable. Mr Grubb said, he fear'd 'twould
Alice Weller . I live in Eagle-street, by Red-Lion-Square, and follow Plain-work. The Prisoner brought me 6 Shirts that Morning, but here are only 5 of them. They have not brought them all right, for this is not one of them; this is one I made for him. He brought them the 28th of July in the Morning (I think) about 7 o'clock, before I was out of my Bed.
Mrs Grubb . I found the Cabinet broke about about a Quarter before 8.
Weller. He knock'd at my Door, and said, he had got 6 Holland Shirts for me to mark. I ask'd him, how he came to have so many ready-made Shirts, when I work'd for my Bread? He told me, his Master was a Pawnbroker, and they had a Sale once a Month; and he being in Favour with the 'Prentice and Journeyman, they could get them cheaper for him of his Master, than he could get them for himself. They were Holland, and he told me he gave Half-a Guinea a-piece for them: then he said he was in haste, and went away. He had his white Frock on, and his Velvet Cap.
Mr Grubb . We have no such Sales at such Times, nor were these Shirts sold.
Weller . When he went away, he told me, he believed he should come away from his Master next Day, and begg'd I would speedily mark them for him; and four of them being full-trimm'd, he desired I would pick of the Ruffles for him; which I did. In May last he brought me some Holland, cut out for 2 Aprons, with a Piece of coarse Cloth. I made him a Shirt of the 2 Aprons, and this is that Shirt. Mr Grubb took the Piece of coarse Cloth from me. In June he brought me another Piece of Holland, and I made him another Shirt; but that Shirt is not here. Mr Grubb that Afternoon had me before Colonel De Veil. I delivered the Shirts to him, and said he was welcome to search any where in my Room. He put it hard to me, - whether I had any Thing belonging to the Prisoner, and said I must deliver it. I then spoke of the Piece of coarse Cloth, and the Prisoner having given it me, I put a Piece of my own to it, and made me an Apron, and this Mr Grubb took from me.
Prisoner. Ask her if, some time ago, she did not go with me to buy a Piece of Holland, to make me 2 trimm'd Shirts.
Jane Veesy . On the 28th of July, I saw the Prisoner in Mr Grubb's Yard, about a Quarter after five in the Morning. I asked him how he came to be up so soon? He told me he got up at four that Morning. I did not ask him the Reason of it, because I had often seen him up early. Between 6 and 7 I saw him again, with something like a Bundle of Linnen under his Arm.
Samuel Goodwin depos'd, That the Prisoner and he went to Bed on Sunday Night about 12. That at 6 the next Morning he got up, and went down Stairs, but came up again and laugh'd, and said the Area-Doors were open. That the Prisoner being afterwards tax'd with the Robbery, he deny'd it; and being asked if he had not been abroad that Morning, he declared he had been no farther than the Hay-market. That when he was in Prison, he told the Witness he had bought 14 Shirts for 10 Guineas, some of which his Sister had, but she was gone to Bristol. He desired him to beg of his Master not to hang but to transport him. The Witness added, that the Prisoner looked after the Horses, and used to bring the Keys of the Stables home to the House every Night.
Mr Hardwick, Mr Grubb's Neighbour, depos'd, that he saw (from his own Window) the Prisoner in the Room where the Cabinet stood, between 5 and 6 that Morning, but could not see what he did there, because one of the Window-Shutters was put to. This Witness put brass Plates, above and below the Lock of the Cabinet, to secure it, and it was his Opinion the Flap was loosened with the Knife, till a Man's Fingers could be got in, to pull it open.
Jane Kelloway , the Maid, confirmed part of Goodwin's Evidence. She told the Prisoner, if Thieves had got in at the Area-Door they were honest Rogues, for a Silver half-pint Mug was left upon the Dresser, where it stood the Night before. She added, that it was her Business to open the Parlour-Windows, and the Prisoner never did it but once; and that he confessed to her, he was guilty with Regard to the Shirts, but was innocent of all the rest. Guilty 39 s. *
* As the Prisoner's Confession was made use of against him, as a Proof he stole the Shirts, the other Part of his Declaration, must likewise he admitted in his Favour; wherein he denies taking the Money . And as two of the Shirts laid in the Indictent , were not Shirts, when taken by him, and one of the Shirts produced was not Mr Grubb's, there was Proof only as to five Shirts.
It appeared that the Necklace was the Grandfather's Present to the Child from whom it was taken; wherefore the Property was in the Child and not the Father, as laid in the Indictment.
John Pixley , otherwise Cursemother , who was convicted at Thetford Assizes, for feloniously assembling, and riding, with three or more Persons armed with Fire-Arms, and other offensive Weapons, in order to be aiding and assisting in the clandestine running of Goods, and received Sentence of Transportation , having made his Escape out of the Custody of George Gynne , Keeper of the Country Prison of Norfolk , was indicted for being at large , as also on the Black-Act ; but alledging . That he was not prepar'd for his Defence on the said Indictments, his Trial was deserr'd till the next Sessions.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 2.
TRANSPORTATION for 14 Years, 1.
TRANSPORTATION for 7 Years, 33.
Rich. Baldock, Sarah Brown , Mary Burkett , Thomas Burrin , Thomas Cane , Peter Courtrie , Thomas Dennet , Ch. Abr. Evans, Elizabeth Fisher , Mary Greaves, George Higgs , John Horrobin , Thomas Hutchins , Geo Kendall , Thomas Key, Henry Lynley , Anna M. Miller , John Murphey , Ann Neale , Ric. Nicholls, Edw Paine , Rich. Peterson, John Robinson , William Smith , Mary Steward , Hannah Stuart , Cath. Warren , Richard Welch , John Weller , John Wilkinson, John Williams , Robert Wilson , Mary Yates .
BURNT in the HAND, 2.
John Pixley , otherwise Cursemother , who was convicted at Thetford Assizes, for feloniously assembling, and riding, with three or more Persons armed with Fire-Arms, and other offensive Weapons, in order to be aiding and assisting in the clandestine running of Goods, and received Sentence of Transportation , having made his Escape out of the Custody of George Gynne , Keeper of the Country Prison of Norfolk , was indicted for being at large , as also on the Black-Act ; but alledging . That he was not prepar'd for his Defence on the said Indictments, his Trial was deserr'd till the next Sessions.